Hercules City Council
January 24, 2023

ATTACHMENT 1.

ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES AMENDING PROVISIONS OF HERCULES MUNICIPAL CODE (TABLE 13-6.1, 13-7.1, 13-12.1 AND 13-15.1 AND DELETION OF SEC. 13 -35.260) PURSUANT TO SENATE BILL 234 THE

KEEPING KIDS CLOSE TO HOME ACT AND AMENDMENTS TO HERCULES MUNICIPAL CODE (TABLE 13 -6.1, 13 -12.1, 13 -15.1, AND 13 -18.1) PURSUANT TO ASSEMBLY BILL NO. 2162 AND FINDING THAT THIS ORDINANCE IS EXEMPT FROM THE CALIFORNIA ENVIRONMENTAL QUALITY ACT.

WHEREAS, on September 05, 2019, Senate Bill 234 was approved by the Governor of State of California and filed with the Secretary of State, amending Sections 1596.72, 1596.73, 1596.78, 1597.30, 1597.45, and 1597.54 of, to add Sections 1597.41, 1597.42, and 1597.455 to, to rep eal Section 1597.47 of, and to repeal and add Sections 1597.40, 1597.46, and 1597.543 of, the Health and Safety Code, relating to family daycare homes; and

WHEREAS, the Act prohibits local jurisdictions from requiring small or large family daycare home licensed by the Department of Social Services, Community Care Licensing Division, from having obtain a land use/zoning permit and/or business license for operation; and

WHEREAS, September 26, 2018, Assembly Bill 2162 was approved by the Governor of State of California and filed with the Secretary of State, amending Government Code Section 65583 and adding Code Section 65650 requiring local entities to streamline the approval of housing projects containing a minimum amount of Supportive Housing by providing a ministerial approval process, removing the requirement for CEQA analysis and removing the requirement for Conditional Use Authorization or other similar discretionary entitlements.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. RECITALS. The City Council hereby incorporates the above recitals into this Ordinance by this reference.

SECTION 2. ENVIRONMENTAL REVIEW Under Public Resources Code Section 15001 of the California Environmental Quality Act ( CEQA) Guidelines, this ordinance is exempt from CEQA in that this ordinance is not a “project” within the meaning of Section 15378 of the CEQA Guidelines, because it is an administrative activity has no potential for resulting in physical change in the environment, as the amendments address the process by how development applications are processed and reviewed and does not itself encourage physical development; and this ordinance is not subject to CEQA under the general rule that CEQA applies only to projec ts which have the potential for causing a significant effect on the environment, as such the adoption of the ordinance is exempt from CEQA.

SECTION 3. AMENDMENTS
159
Ordinance No.

Chapter 13-6. Residential Districts
Sec. 13-6.100 Specific Purposes.

1. In addition to the general purposes listed in Section 13-5.100, the specific purposes of the residential districts are to:

A. Reserve appropriately located areas for family living at a reasonable range of population densities consistent with the General Plan and sound standards of public health and safety.

B. Ensure adequate light, air, privacy, and yard/open space for each dwelling unit and protect residents from public safety hazards and other harmful environmental effects.

C. Preserve as many of the desirable characteristics of single-family residential districts as possible while allowing for associated residential uses such as daycare, rooming and boarding, home occupations, second residential units to the extent that substantial adverse impacts are not caused to adjacent residences.

D. Promote safe and well-designed neighborhoods and encourage new residential development to have an internal circulation system, including pedestrian walkways, bikeways, and access to transit facilities. Ensure provision of public services and facilities to support existing and planned residential densities.

E. Reserve appropriate areas for multifamily dwellings that may be located and designed to be compatible with adjacent land uses and residences.

F. Encourage development of innovative types of housing, including co-housing, congregate care facilities, and other types of housing that may provide low cost alternatives to typical market -rate housing.

G. Encourage provision of affordable housing units, especially for single persons, single parents, elderly and young families. Provide well-designed, well-built housing units for low- and moderate- income households in mixed-density developments, including planned developments (PDs), avoiding a concentration in any limited area.

H. Provide additional affordable senior citizen housing. Encourage provision of senior housing by considering density bonuses up to General Plan maximum where senior projects are desirable and compatible with special senior needs.
160
Ordinance No.

I. Allow for public and quasi-public land uses to complement residential development within close access such as schools, churches and daycare facilities; provided, that substantial adverse im pacts such as traffic congestion, increased noise (ambient or episodic) or full use of available on -street parking, or other similar impacts are not caused on nearby residences.

2. The additional purposes of each residential zoning district are:

A. RS-E Residential Single-Family Estate. To provide sites for estate homes on larger lots to be developed with custom built and individually designed homes with a gross density of 1 or 2 units per acre and a minimum parcel size of one-half acre. Specific densities are assigned on the Zoning Map.

B. RS-L Residential Single-Family Low Density. To provide areas for single-family housing on smaller lots that will generally be developed as part of a larger planned subdivision where a limited number of models of varied exterior designs are built in a random pattern on individual lots with a gross density of 2 to 7 units per acre and a minimum parcel size of 6,000 square feet unless a smaller lot size is allowed by an approved planned development (PD).

C. RM-L Residential Multifamily Low Density. To provide sites for low density multifamily housing such as townhouses, condominiums and apartments, and medium density single -family housing that incorporate good design and amenities with a gross density up to 12 units per acre ( midrange density of 9 units per acre). The minimum parcel size for multifamily housing is 3 acres. The minimum lot size for single-family housing is 4,000 square feet unless a smaller lot size is allowed by an approved planned development (PD).

D. RM-M Residential Multifamily Medium Density. To provide sites for medium density multifamily housing such as townhouses, condominiums and apartments that incorporate good design and amenities with a gross density of 12 to 30 units per acre (midrange density of 20 units per acre) and a minimum parcel size of 5 acres.

E. RM-H Residential Multifamily High Density. To provide sites for high density multifamily housing, typically located near public transit centers, adequate streets, shopping centers or other high activity areas and that incorporate good design and amenities with a gross density of 30 to 55 units per acre (midrange density of 42 units per acre) and a minimum parcel size of 15 acres. [Ord. 515 § 2, 2018; ZO § 6.100.]
Sec. 13-6.200 Review of Plans and General Conditions.
161
Ordinance No.

Plans for all new and expanded development and uses shall be submitted to the Community Development Director as per Section 13-40.300. The following general conditions shall apply to all areas designated for residential use within this Chapter.

1. All new and expanded residential development shall apply for an administrative or conditional use permit. Administrative use permit review of new single-family homes, additions and remodels shall be limited to conformance with development regulations specified or referenced within this Chapter.

2. All new and expanded development except for additions and remodels shall also be subject to Chapter 13-42, Design Review.

3. Major residential subdivisions and multifamily projects of 10 units or more shall require a planned development plan as per Chapter 13-48. [Ord. 515 § 2, 2018; ZO § 6.200.] Sec. 13-6.300 Performance Standards.

The standard performance standards for development specified in Chapter 13-31 shall be met. In addition, the following specific performance standards shall be met:

1. Residential streets shall be designed in relation to the needed capacity and the adjoining housing patterns while discouraging through traffic on local streets.

2. Existing residential structures of architectural or historic significance are to be restored and maintained.

3. New residential areas shall be designed to avoid conflict with major streets or thoroughfares, and should provide access to transit facilities to encourage safe and convenient alternatives to the private auto.

4. Multifamily residential land shall be developed with a balance of open space, land scaping, and recreational amenities and should be easily accessible to commercial and recreational areas and public transportation.

5. Upon reinstitution of the inclusionary housing ordinance, new residential development shall include a minimum 10 percent of the total number of units for affordable housing. No in-lieu fees will be accepted by the City unless the developer can establish extraordinary circumstances for not providing affordable housing or unless an agreement predating the adoption of the 1996 General Plan Amendment provides otherwise.

A density bonus up to 35 percent over the maximum General Plan designation may be provided, along with the waiver of fees and the relaxation of development standards, in exchange for low income or senior 162
Ordinance No.

housing provided, as per Section 65915 of the California Government Code and Sections 13-

30.420 through 13-30.470 (Residential Density Bonus). In order to encourage the development of lower income housing units, the waiver of fees and the relaxation of development standards may be considered by the City in return for commitments to provide lower income housing.

6. Affordable senior housing projects with density bonuses up to General Plan maximum are allowed where desirable and compatible with special senior needs. Such projects shall only be allowed where the size of the structure and style of architecture are compatible with the surrounding neighborhood.

7. The use of solar systems, both active and passive designs, is encouraged in new residential development. [Ord. 515 § 2, 2018; Ord. 484 § 13, 2015; ZO § 6.300.] Sec. 13-6.400 Land Use Regulations.

All new and expanded development and uses that are allowed in the residential zoning districts are identified in Table 13-6.1. The following uses may be permitted in the designated residential zoning districts subject to compliance with Chapter 13-49 and approval by the Community Development Director. Use permits, administrative or conditional, are required for all new and expanded residential development.

Single story detached accessory structures under 8 feet tall and 120 square feet total area for the site are exempt from use permit requirements in the (RS-E, RS-L and RM-L) districts. Minor utilities such as public street lighting and traffic signals, electrical distribution lines, telephone lines, cable lines, and unde rground water, sewer and drainage mains and pipes that are necessary to support legally established uses are exempt from use permit requirements in all residential districts. [Ord. 515 § 2, 2018; ZO § 6.400.] Sec. 13-6.500 Property Development Regulations.

The development regulations presented in Table 13-6.2 establish basic site and design requirements for residential zoning districts. All regulation standards are minimum amounts unless otherwise s tated.

Table 13-6.1 Land Use Regulations: Residential District RS-E RS-L RM-L RM-M RM-H See Also
Residential
Single-Family Home A A C C —
Duet (Single-Family Attached) — — A A —
Duplex — — A A —
163
Ordinance No.

Table 13-6.1 Land Use Regulations: Residential District RS-E RS-L RM-L RM-M RM-H See Also
Multifamily Dwelling — — C C C
Townhouse/Condominium — — C C C
Two-Unit Development P P — — — Section 13-36
Mobile Home A A A A —
Accessory Uses and Structures A(1) A(1) A(1) A A Section 13-

35.210

Rooming and Boarding Houses (4 or
less people)
A A A C —
Rooming and Boarding Houses (5 or
more people)
— — C C —
Small Family Daycare Homes (6 or
less children14 or fewer children)
A P A P A P A P A P Section 13-

35.260

Large Family Daycare Homes (7 to 14
children)
A A A A A Section 13-

35.260

Accessory Dwelling Unit P P P P P Section 13-

35.320

Senior Housing C C C C C
Emergency Shelter — — — — —
Single-Room Occupancy Units — — — — —
Supportive Housing (Apartment
Type)
— — C P C P C P
Supportive Housing (Residential Care
Facility Small Type)

A A A P A P P
Supportive Housing (Residential Care
Facility Large Type)
— — P C P C P
164
Ordinance No.

Table 13-6.1 Land Use Regulations: Residential District RS-E RS-L RM-L RM-M RM-H See Also
Residential Care Facility (6 or fewer
residents)
A A A A —
Residential Care Facility (7+
residents)
— — — C C
Transitional Housing (Apartment
Type)
— — A A C
Transitional Housing (Residential
Care Facility Small Type)
A A C C —
Transitional Housing (Residential
Care Facility Large Type)

A A C C C
Commercial Uses
Home Occupation A A A A A
Bed and Breakfast Inns C C C C —
Public and Quasi-Public Uses
Clubs and Lodges — — C C C
Libraries, Museums and Galleries — — C C C
Park and Recreation Facilities A A A A A
Public Safety Facilities A A A A A
Religious Assembly C C C C C
Schools, Public or Private C C C C —
Utility Facilities C C C C —

Key to Land Use Regulations
P Permitted Use
165
Ordinance No.

Table 13-6.1 Land Use Regulations: Residential District RS-E RS-L RM-L RM-M RM-H See Also
A Administrative Use Permit Required
C Conditional Use Permit Required
DR Design Review Required
— Use Not Allowed
(1)Single story detached accessory structures under 120 square feet total on site are exempt from use permit requirements.

Table 13-6.2 Property Development Regulations: Residential District RS-E RS-L RM-L RM-M RM-H See Also
Site Area (acres) — — 3 5 15
Density (Units/Acre)
Range 1 to 2(1) 2 to 7 up to 12 12 to 30 30 to 55
Midrange — — 9 20 42

Lot Size (sq ft) 1/2
acre(1)
6,000(2) 3,000(2, 3) 3,000(2) 3,000(2)
Lot Frontage (ft) 45 30 [200 for multifamily, 30 for
other]

Lot Depth (ft) 200(4) 100 [200 for multifamily, 80 for
other]

Lot Width (ft) 100 60(5) [200 for multifamily, 35(5) for other]

Setbacks
Front (ft) 20 20 15 15 15
Rear (ft) 25 15 15 15 15
Side (ft) 15 5 15(6) 15(6) 15(6)
166
Ordinance No.

Table 13-6.2 Property Development Regulations: Residential District RS-E RS-L RM-L RM-M RM-H See Also
Corner Side (ft) 20 15 15 15 15
Maximum Site Coverage 20% 50% 60% 60% 60%
Usable Open Space Per
Dwelling Unit (sq ft)
— — 1,000 300 300 Section 13-

30.800
Building Height (ft) 35 35 45(7) 60 90
Parking Chapter 13-
32 Key to Land Use Regulations
(1) Maximum density and minimum lot size as designated on zoning map for 1 or 2 units per acre density and corresponding 1 acre or 0.5 acre minimum lot size. (2) Minimum lot size unless a smaller lot size is allowed by an approved planned development plan. (3) Minimum lot size for single-family housing is 4,000 square feet unless a smaller lot size is allowed by an approved planned development plan.
(4) Minimum lot depth unless area is designated for 2 units per acre, then 150-foot minimum depth applies.
(5) Minimum lot width for corner lots, add 10 feet.
(6) Minimum side setback unless smaller setback is allowed by an approved planned development plan.
(7) Maximum height for single-family housing and duets/duplexes is 35 feet.

Chapter 13-7. P-M-H Mobile Home Park District
Sec. 13-7.100 Specific Purposes.

In addition to the general purposes listed in Section 13-5.100, the specific purposes of the mobile home park district are to:

1. Reserve appropriately located areas for mobile home parks.

2. Provide for reasonable densities consistent with sound standards of public health and safety. 167
Ordinance No.

3. Assure adequate light, air, privacy and open space for each mobile home coach.

4. Provide for adequate open space, landscaped areas, and community recreation.

5. Establish standards for mobile home park traffic circulation and parking facilities. [Ord. 515 § 2, 2018; ZO § 7.100.]
Sec. 13-7.200 Review of Plans and General Conditions.

Plans for all new and expanded development and uses shall be submitted to the Community Development Director as per Section 13-40.300. The following general conditions shall apply to all areas designated for mobile home park use within this Chapter.

1. All new and expanded residential development shall apply for an administrative or conditional use permit. Administrative use permit review of new mobile homes, additions and remodels shall be limited to conformance with development regulations specified or referenced within this Chapter.

2. All new and expanded development except for additions and remodels shall also be subject to Chapter 13-42, Design Review.

3. Mobile home parks shall require a planned development plan as per Chapter 13-48. [Ord. 515 § 2, 2018; ZO § 7.200.]
Sec. 13-7.300 Performance Standards.

The standard performance standards for development specified in Chapter 13-31 shall be met. In addition, the following specific performance standards shall be met:

1. Residential streets shall be designed in relation to the needed capacity and the adjoining housing patterns while discouraging through traffic on local streets.

2. New residential areas shall be designed to avoid conflict with major streets or thoroughfares, and should provide access to transit facilities to encourage safe and convenient alternatives to the private auto.

3. Mobile home parks shall be developed with a balance of open space, landscaping, and recreational amenities and should be easily accessible to commercial and recreational areas and public transportatio n.

4. Each mobile home shall be equipped with skirting, or provided with a support pad which is recessed to give the appearance of the mobile home being located on grade.

5. A common recreation area which should include a recreation building shall be provi ded within the park for the use of all residents and their guests. A total of 200 square feet of common recreation area shall be provided for each mobile home space.

6. Landscaping and Screening.

A. The exterior boundaries of the mobile home park shall appear similar to planned residential developments and shall be compatible in design with any neighboring residential areas, and shall be screened by a decorative wall or fence with a minimum 5-foot-wide landscaped area provided along the interior of the wall or fence.
168
Ordinance No.

B. A 10-foot landscaped area between any adjoining public street or property and the screening wall or fence shall be provided.

C. One tree shall be provided for each mobile home coach in addition to landscaping in common recreation areas or landscaped buffers.

D. All areas not used for access, parking, circulation, structures, and services shall be completely and permanently landscaped and the entire site shall be maintained in good condition.

7. No sign, outdoor advertising structure, or display of any character shall be permitted except as prescribed in the provisions regulating signs. [Ord. 515 § 2, 2018; ZO § 7.300.] Sec. 13-7.400 Land Use Regulations.

All new and expanded development and uses that are allowed in the mobile home park district are identified in Table 13-7.1. The following uses may be allowed subject to compliance with Chapter 13- 49 and approval by the Community Development Director. Use permits, administrative or conditional, are required for all new and expanded mobile home park development.

Single story detached accessory structures under 100 square feet and 10 feet tall are exempt from use permit requirements in the mobile home park district. Minor utilities such as public street lighting and traffic signals, electrical distribution lines, telephone lines, cable lines, and underground water, sewer and drainage mains and pipes that are necessary to support legally established uses are exempt from use permit requirements.

Table 13-7.1 Land Use Regulations: P-M-H Mobile Home Park District P-M-H See Also
Residential Uses
Mobile Home Park C
Mobile/Manufactured Home A
Small Family Daycare Home (8 or less children 14 or
fewer children)
A P Section 13-35.260
Large Family Daycare Home (7 to 14 children) A Section 13-35.260 Caretaker and Employee Units A

Accessory Uses and Structures A(1)
169
Ordinance No.

Table 13-7.1 Land Use Regulations: P-M-H Mobile Home Park District P-M-H See Also

Key to Land Use Regulations
P Permitted Use
A Administrative Use Permit Required
C Conditional Use Permit Required
— Use Not Allowed
(1)Facility or use is directly related to the primary use of site. [Ord. 515 § 2, 2018; ZO § 7.400.]K
Sec. 13-7.500 Property Development Regulations.

The development regulations presented in Table 13-7.2 establish basic site and design requirements for residential zoning districts. All regulation standards are minimum amounts unless otherwise stated.

Table 13-7.2 Property Development Regulations: P-M-H Mobile Home Park District P-M-H See Also
Site Area (ac) 20
Density (Units/Acre) 7
Lot Size (sq ft) (PDP)
Lot Frontage (ft) (PDP)
Lot Depth (ft) (PDP)
Setbacks(1)
Front (ft) 15
Rear (ft) 15
170
Ordinance No.

Table 13-7.2 Property Development Regulations: P-M-H Mobile Home Park District P-M-H See Also
Side (ft) 15
Corner Side (ft) 15
Distance Between Units 10
Maximum Site Coverage 70%
Landscaping Minimum (PDP)
Building Height 30 feet
Parking Chapter 13-32
Common recreational area/Usable open space 200 sq ft per unit Key to Land Use Regulations
(1) Minimum setbacks unless lesser setbacks are approved as part of a planned development plan.
(PDP) As per an approved planned development plan.

Chapter 13-12. HTC Historic Town Center District
Sec. 13-12.100 Specific Purposes.

1. In addition to the general purposes listed in Section 13-5.100, the specific purposes of the HTC historic town center district are to:

A. Preserve the historic design and character of the area’s buildings and allow the reuse of existing structures, where appropriate, such as the Clubhouse which is to be retained as a community center.

B. Allow the addition of new buildings while maintaining the architectural quality of the area.

C. Promote the development of Railroad Avenue into the “Main Street” of the historic town center district. 171
Ordinance No.

D. Provide for a variety of professional, administrative and personal service offices as well as retail businesses that support the offices and provide services and goods to visitors of the adjacent waterfront area.

E. Allow for multifamily dwellings in areas separated from Railroad Avenue by existing or planned buildings if compatible with adjacent existing and planned development.

F. Incorporate visual and physical access to the Bay shoreline within project designs.

G. Establish view corridors and viewpoints to protect and promote views to the Bay.

2. The additional purposes of the historic town center zoning district are:

A. HTC Historic Town Center. To permit a wide range of office and administrative uses along with supporting retail commercial uses while retaining the historic character of the area. To also allow for multifamily residential uses if compatible with existing and planned development. New development is typically to be 1 to 3 stories in height, with a FAR of 0.15 to 0.40 (typical FAR of 0.20) and a residential density of up to 17 units per acre with no more than 40 units to be developed within the district. [Ord. 515 § 2, 2018; ZO § 12.100.]
Sec. 13-12.200 Review of Plans and General Conditions.

Plans for all new and expanded development and uses shall be submitted to the Community Development Director as per Section 13-40.300. The following general conditions shall apply to all areas designated HTC Historic Town Center.

1. All new and expanded commercial and office development shall be subject to Chapter 13-42, Design Review, and if over 1 acre shall be subject to Chapter 13-48, Planned Development.

2. All new and expanded uses shall be consistent with an adopted planned development plan for the property and shall require an administrative or conditional use permit. Open space areas with natural areas and passive use on lawn areas and trails are permitted without being subject to use permit approval.

3. All new and expanded residential development shall be subject to Chapter 13-42, Design Review, and to Chapter 13-48, Planned Development. [Ord. 515 § 2, 2018; ZO § 12.200.] Sec. 13-12.300 Performance Standards.

The standard performance standards for development specified in Chapter 13-31 shall be met. In addition, the following specific performance standards shall be met:

1. Design guidelines addressing building architecture, historic design styles and elevations, and compatible fencing, landscaping, lighting, and accessory structures shall be prepared prior to approval of new and expanded development within this district. All new and expanded development shall comply with the adopted design guidelines for the site.

2. Light and Glare. Structures should use nonreflective surfaces, and night lighting is to be designed to minimize glare within the historic district.

3. Pedestrian Trail. Public access along the existing pedestrian trail shall be maintained. 172
Ordinance No.

4. Soils and Geology. Where possible, development of buildings over areas of Bay Mud should be avoided. Development shall meet all requirements of geology and soils reports.

5. Noise. Predrilling shall be required for driving piles in the historic area. [Ord. 515 § 2, 2018; ZO § 12.300.] Sec. 13-12.400 Land Use Regulations.

All new and expanded development and uses that are allowed in the HTC historic town center zoning district are identified in Table 13-12.1. These uses may be permitted in the HTC historic town center zoning district subject to compliance with Chapter 13-49 and approval by the Community Development Director. [Ord. 515 § 2, 2018; ZO § 12.400.]
Sec. 13-12.500 Property Development Regulations.

The property development regulations presented in Table 13-12.2 establish basic site and design requirements for the HTC historic town center zoning district. All regulation standards are minimum amounts unless otherwise stated.

Table 13-12.1 Land Use Regulations: HTC Historic Town Center HTC See Also
Commercial Uses
Retail Stores
2,000 sq ft or less A
More than 2,000 sq ft C
Grocery and/or Liquor C
Home Occupation A
Bed and Breakfast Inn/Hotel C
Outdoor Retail Sales and Services
Permanent C
Temporary A
Recreation and Entertainment C
Restaurants, Delicatessens and Bars A
173
Ordinance No.

Table 13-12.1 Land Use Regulations: HTC Historic Town Center HTC See Also
With Liquor Service C
Services and Offices
Banks and Other Financial Services A
Business and Personal Services A
Business and Professional Offices A
Residential Uses
Caretaker, Guest and Employee Housing A
Multifamily Dwelling A
Townhouse/Condominium A
Planned Unit Development A
Rooming and Boarding Houses C
Small Family Daycare Home (8 or less
children 14 or fewer children)
A P Section 13-

35.260

Large Family Daycare Home (7 to 14
children)
A Section 13-

35.260

Senior Housing C
Single-Room Occupancy Units C
Supportive Housing (Apartment Type) A P
Transitional Housing (Apartment Type) A
Public and Quasi-Public Uses
174
Ordinance No.

Table 13-12.1 Land Use Regulations: HTC Historic Town Center HTC See Also
Daycare Facilities (for employees, visitors
and passengers)
A
Government Offices A
Libraries, Museums and Galleries A
Park and Recreation Facilities A
Public Safety Facilities C

Accessory Uses and Structures A(1)

Key to Land Use Regulations
P Permitted Use
A Administrative Use Permit Required
C Conditional Use Permit Required
(1) Facility or use is directly related to the primary use of site.

Table 13-12.2 Property Development Regulations: HTC Historic Town Center HTC See Also
Site Area (sf) —
Density (FAR)(1)
Range 0.15 to 0.40
175
Ordinance No.

Table 13-12.2 Property Development Regulations: HTC Historic Town Center HTC See Also
Typical 0.20
Density (du/ac) 17(1)
Lot Size (sq ft) 5,000(2)
Lot Frontage (ft) 50(2)
Lot Depth (ft) 100(2)
Setbacks
Front (ft) 10(3)
Rear (ft) 20(3)
Side (ft) 5(3)
Corner Side (ft) 10(3)
Maximum Site Coverage 40%
Landscaping Minimum 10%
Building Height (ft) 35
Parking (PDP) Chapter 13-32
Signage (PDP) Chapter 13-34

Key to Land Use Regulations
(1) FAR does not apply to residential development, density subject to 40 unit maximum within HTC district.
176
Ordinance No.

Table 13-12.2 Property Development Regulations: HTC Historic Town Center HTC See Also
(2) Lesser lot size and dimensions may be accepted in an approved planned development plan.
(3) Lesser setbacks may be accepted in an approved planned development plan. (PDP) Or as per an approved planned development plan.
[Ord. 515 § 2, 2018; Ord. 484 § 5, 2015; ZO § 12.500.]
Chapter 13-15. PC-R Planned Commercial Residential
Mixed-Use District
Sec. 13-15.100 Specific Purposes.

In addition to the general purposes listed in Section 13-5.100, the specific purposes of the PC-R planned commercial residential mixed-use district are to:

1. Provide the opportunity to accommodate both residential and commercial uses in a well planned mixed-use development.

2. Provide the opportunity for an integrated mixture of residential and commercial employment generating uses within the same structure or site.

3. Allow lower cost live-work opportunities for start-up commercial enterprises and other smaller scale point of sale enterprises that are compatible with the residential and commercial uses within the building or site.

4. Provide the opportunity for upper floor residential over ground floor commercial uses.

5. Encourage mixed-use development that could minimize vehicle use. [Ord. 515 § 2, 2018; Ord. 451 § 2 (Exh. B), 2009; ZO § 15.100.]
Sec. 13-15.200 Review of Plans and General Conditions.

Plans for all new and expanded development and uses shall be submitted to the Community Development Director as per Section 13-40.300. The following general conditions shall apply to all areas designated PC-R Planned Commercial Residential.

1. All new and expanded development shall be subject to Chapter 13-42, Design Review and Chapter 13- 48, Planned Development.

2. All new and expanded uses shall be consistent with an adopted planned development plan for the property and shall require an administrative or conditional use permit. Subdivision or partial development 177
Ordinance No.

of any properties within this district shall not be approved until a planned development plan for full development of the property has been reviewed and approved.

3. Commercial structures and uses are to be located and designed as a unified development, which may resemble a shopping center, a shopping mall, or a traditional downtown shopping street (“Main Street”).

4. Development is to be carefully planned to insure that benefits of mixed-use development are fully realized and the potential negative impacts of one use on another are minimized.

5. As an incentive to develop commercial and residential uses within the same building or site, the allowed residential development density of 40 units per acre may be added to the allowed nonresidential density of 0.20 to 4.0 FAR.

6. A mixed-use commercial and residential development is to provide a balance of open space, landscaping, recreation, and transit access.

7. Adequate parking shall be provided on site that takes into account the different peak parking demand periods of residential and employment activities.

8. The facility should be designed to use parking areas, garages and landscaping as buffers for noise, light and glare. [Ord. 515 § 2, 2018; Ord. 451 § 2 (Exh. B), 2009; ZO § 15.200.] Sec. 13-15.300 Performance Standards.

The standard performance standards for development specified in Chapter 13-31 shall be met. In addition, the following specific performance standards shall be met:

1. Live-Work Area. A minimum of 600 square feet of living area including bathroom, kitchen and sleeping area is to be provided within each live-work unit.

2. Usable Open Space. A minimum of 50 square feet of private or common usable open space shall be provided for every live-work unit. A minimum of 100 square feet of private or common usable open space shall be provided for every residential unit. This may be provided on outdoor landscaped areas open to private or common access, or as decks, balconies, porches, recreation facilities, or rooftop open space. The open spaces shall be designed and oriented to minimize wind exposure and maximize sun exposure.

3. Ventilation. Live-work units are to have an adequate ventilation system to serve the range of uses that could be allowed. Each live-work unit is to have at least 1 standard size window that can be opened to the outside.

4. Noise Insulation. Residential and live-work units are to have adequate noise insulation and are to attenuate noise levels to 50 dBA or better within the living area of the unit from the noise levels generated by the range of uses that could be allowed in adjacent units and buildings.

5. Light and Glare. Night lighting shall be located and designed to minimize glare on the residential uses within and adjacent to the site. [Ord. 515 § 2, 2018; Ord. 451 § 2 (Exh. B), 2009; ZO § 15.300.] Sec. 13-15.400 Land Use Regulations.
178
Ordinance No.

All new and expanded development and uses that are allowed in PC-R planned commercial residential mixed-use district are identified in Table 13-15.1. These uses may be subject to compliance with Chapter 13-49 and approval by the Community Development Director.

Other uses of a commercial nature that can benefit from a live-work arrangement, or that can be shown to be compatible with the commercial and residential uses, and commercial uses that provide needed goods and services to nearby residential uses and that can be shown to be compatible with the residential uses in close proximity, or contribute to creating a functional residential neighborhood that has convenient access to commercial facilities, may be allowed pending approval of a conditional use permit. [Ord. 515 § 2, 2018; Ord. 451 § 2 (Exh. B), 2009; ZO § 15.400.] Sec. 13-15.500 Property Development Regulations.

The property development regulations presented in Table 13-15.2 establish basic site and design requirements for the in PC-R planned commercial residential mixed-use district. All regulation standards are minimum amounts unless otherwise stated.

Table 13-15.1 Land Use Regulations: PC-R Planned Commercial Residential Mixed-Use District
PC-R See Also
Commercial Uses
Home Occupation A
Recreation and Entertainment C
Retail Sales
Outdoor Sales C
Retail Stores
2,000 sq ft or less A
More than 2,000 sq ft C
Restaurants and Delicatessens A
With Liquor Service C
Shopping Centers C
Services and Offices
179
Ordinance No.

Table 13-15.1 Land Use Regulations: PC-R Planned Commercial Residential Mixed-Use District
PC-R See Also
Athletic Clubs C
Business Services A
Hotel C
Offices and Banks A
Personal Services A

Residential Uses
Accessory Dwelling Unit A Section 13-35.320
Caretaker, Manager and Employee Housing A
Small Family Daycare Home (8 or less children 14 or
fewer children)
A P Section 13-35.260
Large Family Daycare Homes (7 to 14 children) A Section 13-35.260 Live-Work Units A
Multifamily Dwellings A
Townhouse/Condominiums A
Planned Unit Development A
Supportive Housing (Apartment Type) A P
Transitional Housing (Apartment Type) A

Public and Quasi-Public Uses
180
Ordinance No.

Table 13-15.1 Land Use Regulations: PC-R Planned Commercial Residential Mixed-Use District
PC-R See Also
Daycare Facilities (for employees and visitors) A
Government Offices A
Libraries, Museums and Galleries A
Public Safety Facilities A
Urgent Medical Care C
Utility Facilities C

Accessory Uses and Structures A(1)

Key to Land Use Regulations
P Permitted Use
A Administrative Use Permit Required
C Conditional Use Permit Required
(1)Facility or use is directly related to the primary use of site.

Table 13-15.2 Property Development Regulations: PC-R Planned Commercial Residential Mixed-Use District
PC-R See Also
Site Area (sf) —
181
Ordinance No.

Table 13-15.2 Property Development Regulations: PC-R Planned Commercial Residential Mixed-Use District
PC-R See Also
Density (FAR)(1)
Range 0.20 to 4.0
Typical 2.0
Density (du/ac) 40(5)
Lot Size (sq ft) (PDP)
Lot Frontage (ft) (PDP)
Lot Depth (ft) (PDP)
Setbacks
Front (ft) 10(2)
Rear (ft) 10(2)
Side (ft) 0(2)
Corner Side (ft) 10(2)
Maximum Site Coverage (PDP)
Landscaping Minimum 10%
Usable Open Space (sq ft/unit) 50/100(3) Section 13-15.300 Building Height (ft) 40/50/65(4)
Parking (PDP) Chapter 13-32
Signage (PDP) Chapter 13-34
182
Ordinance No.

Table 13-15.2 Property Development Regulations: PC-R Planned Commercial Residential Mixed-Use District
PC-R See Also

Key to Land Use Regulations
(1) FAR does not apply to residential development.
(2) Lesser setbacks may be accepted in an approved planned development plan. (3) 50 square feet/unit for live-work, 100 square feet/unit for residential. (4) 50 feet height allowed for combined commercial and residential uses within a structure; for major frontages along Sycamore Avenue and San Pablo Avenue, a maximum height of 65 feet is allowed only if approved in a PDP adopted pursuant to Chapter 13-48. (5) A maximum density of 80 units per acre is permitted for the Town Centrale project on Sycamore Avenue as an approved planned development plan. (PDP) As per an approved planned development plan.
[Ord. 515 § 2, 2018; Ord. 506 § 5, 2018; Ord. 484 § 6, 2015; Ord. 472 § 1 (Att. 1), 2012; Ord. 451 § 2 (Exh. B), 2009; ZO § 15.500.]
Chapter 13-18. NTC New Town Center District
Sec. 13-18.100 Specific Purposes.

The specific purposes of the proposed NTC zone are listed as follows:

1. Create a transit-oriented town center consisting of a relatively dense pattern of building in the center of town and a mix of residential, commercial, office, and public and quasi-public uses.

2. Create an interconnected network of pedestrian-oriented streets, blocks, and publicly accessible open spaces.

3. Establish commercial and retail development in the area around Sycamore and San Pablo Avenues and along SR 4.

4. Create a vibrant, urbanized place for shopping, working, and living at the core of Hercules.

5. Create a mix of neighborhood-serving retail and commercial uses around 1 or more new town squares. 183
Ordinance No.

6. Develop according to principles of transit-oriented development and urban design identified in the Central Hercules Plan Regulating Code (see Chapter 13-28).

7. Encourage development that promotes walking, biking, and transit use.

8. Provide transit users with opportunities to reduce vehicular travel by creating opportunities to purchase goods and services at or near transit stations.

9. Promote transit by providing attractive and convenient multiple-use transit stations or centers.

10. Promote regional employment opportunities based on access to regional transit facilities.

11. Work with transit agencies to develop both short-term and long-term transit facility uses in Hercules.

12. Create central gathering places where residents of Hercules can meet, shop, and socialize. [Ord. 515 § 2, 2018; Ord. 445, 2009; ZO § 18.100.]
Sec. 13-18.200 Review of Plans and General Conditions.

General conditions would apply to all new and expanded development in the NTC zone, subject to sections of the Zoning Ordinance, including: Chapter 13-42, Design Review; Chapter 13-48, Planned Development Plans; and Chapter 13-49, Specific Plans, or another process approved by the Community Development Director. Additionally, as stated above, new and expanded development must have a finding of consistency with the general planning and design intent of the Central Hercules Plan (CHP) Regulating Code (Chapter 13-28) and complement its character.

Furthermore, all development proposals within the NTC zone would be reviewed for:

1. Careful planning to avoid potential negative impacts of one use on another;

2. Easy and convenient access by foot and bike to transit facilities;

3. A balance of open space, landscaping, recreation, and transit access;

4. Adequate parking while also allowing for parking reductions for shared parking arrangements;

5. Buffers for noise, light, and glare;

6. Unified development with an emphasis on pedestrian access to and from transit component(s) of the development; and

7. Attractive frontages along public highways and street rights-of-way. [Ord. 515 § 2, 2018; Ord. 445, 2009; ZO § 18.200.]
Sec. 13-18.300 Performance Standards.

In addition to the general conditions described above, all new and expanded development would be subject to general performance standards specified in Chapter 13-31 in addition to the following specific performance standards, including:

1. Design/architectural theme;

2. Street connectivity for vehicles and pedestrians;
184
Ordinance No.

3. Maximum block length;

4. Light and glare prevention/reduction;

5. Landscaping;

6. Usable open space minimums;

7. Integrated open space network;

8. Noise insulation/attenuation; and

9. Design and location of parking facilities. [Ord. 515 § 2, 2018; Ord. 445, 2009; ZO § 18.300.] Sec. 13-18.400 Land Use Regulations.

Because the NTC is intended to be a mixed-use district, any proposed use would require a land use permit as identified in Table 13-18.1 (Land Use Regulations: NTC District). These uses may be allowed/permitted subject to approval of: either an administrative use permit (A), or a conditional use permit (C) and demonstration of compliance with Chapter 13-48.

Other uses may be allowed within the NTC zone subject to approval of a CUP that can be shown to support mass transit, benefit from the availability of mass transit, provide goods and services to tran sit users, or contribute to creating a full service transit-oriented commercial public facility. Because the emphasis of the NTC zone is on mixed use, multiple combinations of uses would be allowed as identified in Table 13-18.1.

Table 13-18.1 Land Use Regulations: NTC District
NTC
Commercial Uses
Recreational Facilities
Athletic Clubs A
Other Commercial Athletic Facilities C
Retail Sales
Convenience Stores C
Dry Cleaners and Laundries C
Furniture, Furnishings, and Hardware Stores C
Grocery and Liquor C
185
Ordinance No.

Table 13-18.1 Land Use Regulations: NTC District
NTC
Outdoor Retail Sales and Services
Permanent C
Temporary A
Recreation and Entertainment C
Restaurant, Delicatessen, and Bar A
With Liquor Service C
Retail Stores
2,000 sq ft or less A
More than 2,000 sq ft C
Services and Offices
Business Support Services A
Hotels, Motels, Inns C
Medical
Medical and Dental Clinics and Services A
Offices and Banks
2,000 sq ft or less A
More than 2,000 sq ft C
Personal Services A
Video/Media Rentals C

186
Ordinance No.

Table 13-18.1 Land Use Regulations: NTC District
NTC
Public and Quasi-Public Uses
Daycare Facilities (for employees, residents and
passengers)
A
General Daycare C
Government Offices A
Libraries, Museums and Galleries C
Park and Recreational Facilities A
Public Safety Facilities A
Transit Facilities
BART Stations C
Transit Transfer Stations C
Transit Malls C
Transit Offices and Support Facilities C
Utility Facilities C

Residential Uses
Caretaker, Guest, and Employee Housing A
Multifamily Dwelling A
Townhouse/Condominium A
Planned Unit Development A
187
Ordinance No.

Table 13-18.1 Land Use Regulations: NTC District
NTC
Family Daycare Home (14 or fewer children) P
Supportive Housing (Apartment Type) A P
Transitional Housing (Apartment Type) A

Accessory Uses and Structures A(1)

Key to Land Use Regulations
P Permitted Use
A Administrative Use Permit Required
C Conditional Use Permit Required
(1) Facility or use is directly related to the primary use of site. [Ord. 515 § 2, 2018; Ord. 484 § 8, 2015; Ord. 445, 2009; ZO § 18.400.] Sec. 13-18.500 Property Development Regulations in the NTC District.

Table 13-18.2 (Property Development Regulations: NTC District) identifies the property development regulations for the NTC zone. These regulations establish the basic site and design requirements.

Table 13-18.2 Property Development Regulations: NTC New Town Center District NTC See Also
Site Area —
Residential Density (units/acre)
Range 30—75 DUA
Midrange 60 DUA
188
Ordinance No.

Table 13-18.2 Property Development Regulations: NTC New Town Center District NTC See Also
Commercial Density (FAR)
Range 0.10 to 2.00
Typical 1.00
Lot Size —
Lot Frontage (PDP)
Lot Depth (PDP)
Setbacks
Front (ft) 0
Rear (ft) 15 adjacent to residential
10 adjacent to any other use
Side (ft) 0
Corner Side (ft) 0
Maximum Site Coverage (PDP)
Landscaping Minimum (PDP)
Building Height
Minimum 20 ft or 2 stories, whichever is greater
Maximum 85 ft
Parking (PDP) Chapter 13-32
Signage (PDP) Chapter 13-34

Key to Land Use Regulations
189
Ordinance No.

Table 13-18.2 Property Development Regulations: NTC New Town Center District NTC See Also
(PDP) Or as per an approved planned development plan.
[Ord. 515 § 2, 2018; Ord. 445, 2009; ZO § 18.500.]
Sec. 13-18.600 Relationship of the NTC Zone to the Central Hercules Plan Regulating Code.

The CHP Regulating Code includes a section regarding the “mandatory” or “permissive” application of the standards. This flexible option allows properties to be developed in strict accord with the underlying zoning or follow the design standards and provisions of the CHP. The proposed NTC land use designation and zone establish land use and development standards that will be applied to the development of properties in that area, and by adoption of the proposed ordinance would supersede the “permissive” option of the CHP for those properties within the NTC area. Therefore, all development in the NTC would be subject to the standards in the NTC zone, including:

1. Administrative or conditional use permits established in the land use regulations; and

2. The property development standards/regulations described in this Chapter that generally would be subject to the planned development plan review and approval established in Chapter 13-48.

Additional findings still would be required that the proposed plan: (A) is consistent with the general planning and design intent of the CHP Regulating Code, and (B) complements the character of the planning and design in the balance of the area covered by the CHP Regulating Code. [Ord. 515 § 2, 2018; Ord. 445, 2009; ZO § 18.600.]
SECTION 4. SEVERABILITY. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid, such decisions shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses, or phrases be deleted.

SECTION 5. EFFECTIVE DATE AND PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall publish or post the Ordinance as required by law. This Ordinance shall be effective thirty (30) days from date of final adoption.

THE FOREGOING ORDINANCE was first read at a regular meeting of the Hercules City Council on the 10th day of January 2023, and was passed and adopted at a regular meeting of the Hercules City Council on the ____ day of 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

190
Ordinance No.

Alexander Walker-Griffin, Mayor

Lauren Berges
City Clerk

191
Senate Bill No. 234
CHAPTER 244
An act to amend Sections 1596.72, 1596.73, 1596.78, 1597.30, 1597.45, and 1597.54 of, to add Sections 1597.41, 1597.42, and 1597.455 to, to repeal Section 1597.47 of, and to repeal and add Sections 1597.40, 1597.46, and 1597.543 of, the Health and Safety Code, relating to family daycare homes. [Approved by Governor September 5, 2019. Filed with Secretary of State September 5, 2019.]
legislative counsel’s digest
SB 234, Skinner.

Family daycare homes.

Under existing law, the California Child Day Care Facilities Act, the State Department of Social Services licenses and regulates family daycare homes.

Under existing law, a small family daycare home, which may provide care for up to 8 children, is considered a residential use of property for purposes of all local ordinances. Existing law authorizes a city, county, or city and county to either classify a large family daycare home, which may provide care for up to 14 children, as residential use of the property or to provide a process for applying for a permit to use the property as a large family daycare home.

This bill would instead require a large family daycare home to be treated as a residential use of property for purposes of all local ordinances.

Existing law makes void every provision in a written instrument entered into relating to real property that purports to forbid or restrict the conveyance, encumbrance, leasing, or mortgaging of the real property for use or occupancy as a family daycare home for children and every restriction or prohibition in a written instrument as to the use or occupancy of the property as a family daycare home.

This bill would also make void an attempt to deny, restrict, or encumber the conveyance, leasing, or mortgaging of real property for use or occupancy as a family daycare home and a restriction related to the use or occupancy of the property as a family daycare home. The bill would prohibit a property owner or manager from refusing to sell or rent, or refusing to negotiate for the sale or rental of, or otherwise making unavailable or denying, a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential use to a person because that person is a family daycare provider. The bill would require the department to notify applicants for family daycare home licenses that specified housing discrimination remedies are available to a family daycare home provider, family daycare home provider applicant, or person who is claiming that any of these protections have been denied.

192
Existing law prohibits a local jurisdiction from imposing a business license, fee, or tax for the privilege of operating a small family daycare home.

This bill would extend that prohibition to large family daycare homes.

Existing law requires the State Fire Marshal to adopt building standards and regulations relating to the fire and life safety systems in family daycare provider homes.

This bill would require the State Fire Marshal to update those regulations in the next regulation adoption cycle, and every 3 years thereafter to conform to changes in these provisions. The bill would also require the State Fire Marshal to issue guidance on implementing the provisions prior to the publication of regulations, but not later than January 1, 2021, and would authorize guidance to be issued annually thereafter in years when the specified regulations are not updated.

The bill would also make technical and conforming changes.

The people of the State of California do enact as follows:

SECTION 1. Section 1596.72 of the Health and Safety Code is amended to read:
1596.72.

The Legislature finds all of the following:
(a)  That child daycare facilities can contribute positively to a child’s emotional, cognitive, and educational development.
(b)  That it is the intent of this state to provide a comprehensive, quality system for licensing child daycare facilities to ensure a quality childcare environment.
(c)
That this system of licensure requires a special understanding of the unique characteristics and needs of the children served by child daycare facilities.
(d)
That it is the intent of the Legislature to establish within the State Department of Social Services an organizational structure to separate licensing of child daycare facilities from those facility types administered under Chapter 3 (commencing with Section 1500).
(e)
That good quality childcare services are an essential service for working parents.
(f)  California has a tremendous shortage of regulated childcare, and only a small fraction of families who need childcare have it. Parents should be able to support their families without having to sacrifice their child’s well-being.
(g)
With childcare, families have more options for jobs and education to improve their prospects. Good, affordable childcare gives children a strong start and creates opportunities for families and communities.

SEC. 2.

Section 1596.73 of the Health and Safety Code is amended to read:
1596.73. The purposes of this act are to:
2 193
(a)  Streamline the administration of childcare licensing and thereby increase the efficiency and effectiveness of this system. (b)  Encourage the development of licensing staff with knowledge and understanding of children and childcare needs.
(c)  Provide providers of childcare with technical assistance about licensing requirements.
(d)  Enhance consumer awareness of licensing requirements and the benefits of licensed childcare.
(e)  Recognize that affordable, quality licensed childcare is critical to the well-being of parents and children in this state.
(f)  Promote the development and expansion of regulated childcare.

SEC. 3. Section 1596.78 of the Health and Safety Code is amended to read:
1596.78. (a)  “Family daycare home” means a facility that regularly provides care, protection, and supervision for 14 or fewer children, in the provider’s own home, for periods of less than 24 hours per day, while the parents or guardians are away, and is either a large family daycare home or a small family daycare home.
(b)
“Large family daycare home” means a facility that provides care, protection, and supervision for 7 to 14 children, inclusive, including children under 10 years of age who reside at the home, as set forth in Section 1597.465 and as defined in regulations.
(c)
“Small family daycare home” means a facility that provides care, protection, and supervision for eight or fewer children, including children under 10 years of age who reside at the home, as set forth in Section 1597.44 and as defined in regulations.
(d)
A small family daycare home or large family daycare home includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the daycare provider resides, and includes a dwelling or a dwelling unit that is rented, leased, or owned.

SEC. 4.

Section 1597.30 of the Health and Safety Code is amended to read:
1597.30. The Legislature finds and declares all of the following:
(a)  The Legislature has a responsibility to ensure the health and safety of children in family homes that provide daycare.
(b)  There is an extreme shortage of regulated family daycare homes in California, and the number has decreased significantly since 2008. (c)  There continues to be a growing need for child daycare facilities due to the increased number of working parents. Parents need childcare so they can work and attend school, and so their children can thrive. (d)
Many parents prefer childcare located in their neighborhoods in family homes.
(e)  There should be a variety of childcare settings, including regulated family daycare homes, as suitable choices for parents.
3 194
(f)  The licensing program to be operated by the state should be cost effective, streamlined, and simple to administer in order to ensure adequate care for children placed in family daycare homes, while not placing undue burdens on the providers.
(g)
The state should maintain an efficient program of regulating family daycare homes that ensures the provision of adequate protection, supervision, and guidance to children in their homes.
(h)
The state has a responsibility to promote the development and expansion of regulated family daycare homes to care for children in residential settings.

SEC. 5.

Section 1597.40 of the Health and Safety Code is repealed.

SEC. 6. Section 1597.40 is added to the Health and Safety Code, to read:
1597.40. (a)  It is the intent of the Legislature that family daycare homes for children should be situated in normal residential surroundings so as to give children the home environment that is conducive to healthy and safe development. It is the public policy of this state to provide children in a family daycare home the same home environment as provided in a traditional home setting.
(b)
The Legislature declares this policy to be of statewide concern with the purpose of occupying the field. This act, the state building code, and the fire code, and regulations promulgated pursuant to those provisions, shall preempt local laws, regulations, and rules governing the use and occupancy of family daycare homes. Local laws, regulations, or rules shall not directly or indirectly prohibit or restrict the use of a facility as a family daycare home, including, but not limited to, precluding the operation of a family daycare home.

SEC. 7.

Section 1597.41 is added to the Health and Safety Code, to read:
1597.41. (a)  Every provision in a written instrument relating to real property that purports to restrict the conveyance, encumbrance, leasing, or mortgaging of the real property for use or occupancy as a family daycare home is void, and every restriction in that written instrument as to the use or occupancy of the property as a family daycare home is void. (b)
An attempt to deny, restrict, or encumber the conveyance, leasing, or mortgaging of real property for use or occupancy as a family daycare home is void. A restriction related to the use or occupancy of the property as a family daycare home is void. A property owner or manager shall not refuse to sell or rent, or refuse to negotiate for the sale or rental of, or otherwise make unavailable or deny, a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential use to a person because that person is a family daycare provider. (c)
Except as provided in subdivision (d), a restriction, whether by way of covenant, contract, condition upon use or occupancy, or by transfer of title to real property, that restricts directly or indirectly limits the acquisition, use, or occupancy of a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered 4 195
multifamily dwelling in which the underlying zoning allows for residential use as a family daycare home is void.
(d)  (1)  A prospective family daycare home provider who resides in a rental property shall provide 30 days’ written notice to the landlord or owner of the rental property prior to the commencement of operation of the family daycare home.
(2)
A family daycare home provider who has relocated an existing licensed family daycare home program to a rental property on or after January 1, 1997, may provide less than 30 days’ written notice when the department approves the operation of the new location of the family daycare home in less than 30 days, or the home is licensed in less than 30 days, so that service to the children served in the former location not be interrupted. (3)
A family daycare home provider in operation on rental or leased property as of January 1, 1997, shall notify the landlord or property owner in writing at the time of the annual license fee renewal, or by March 31, 1997, whichever occurs later.
(4)  Notwithstanding any other law, upon commencement of, or knowledge of, the operation of a family daycare home on an individual’s property, the landlord or property owner may require the family daycare home provider to pay an increased security deposit for operation of the family daycare home. The increase in deposit may be required notwithstanding that a lesser amount is required of tenants who do not operate family daycare homes.

The total security deposit charged shall not exceed the maximum allowable under existing law.
(5)
Section 1596.890 does not apply to this subdivision.
(e)  During the license application process for a small or large family daycare home, the department shall notify the applicant that the remedies and procedures in Article 2 (commencing with Section 12980) of Chapter 7 of Part 2.8 of Division 3 of Title 2 of the Government Code relating to fair housing are available to family daycare home providers, family daycare home provider applicants, and individuals who claim that any of the protections provided by this section or Section 1597.40, 1597.42, 1597.43, 1597.45, 1597.455, or 1597.46 have been denied.
(f)
For the purpose of this section, “restriction” means a restriction imposed orally, in writing, or by conduct and includes prohibition. (g)  This section does not alter the existing rights of landlords and tenants with respect to addressing and resolving issues related to noise, lease violations, nuisances, or conflicts between landlords and tenants.

SEC. 8.

Section 1597.42 is added to the Health and Safety Code, to read:
1597.42. The use of a home as a family daycare home, operated under the standards of state law, in a residentially zoned area shall be considered a residential use of property for the purposes of all local ordinances, regulations, and rules, and shall not fundamentally alter the nature of the underlying residential use.

SEC. 9.

Section 1597.45 of the Health and Safety Code is amended to read:
5 196
1597.45. (a)  The use of a home as a small or large family daycare home shall be considered a residential use of property and a use by right for the purposes of all local ordinances, including, but not limited to, zoning ordinances.
(b)
A local jurisdiction shall not impose a business license, fee, or tax for the privilege of operating a small or large family daycare home. (c)  Use of a home as a small or large family daycare home shall not constitute a change of occupancy for purposes of Part 1.5 (commencing with Section 17910) of Division 13 (State Housing Law) or for purposes of local building codes.
(d)
A small or large family daycare home shall not be subject to the provisions of Division 13 (commencing with Section 21000) of the Public Resources Code.
(e)
The provisions of this chapter do not preclude a city, county, or other local public entity from placing restrictions on building heights, setback, or lot dimensions of a family daycare home, as long as those restrictions are identical to those applied to all other residences with the same zoning designation as the family daycare home. This chapter does not preclude a local ordinance that deals with health and safety, building standards, environmental impact standards, or any other matter within the jurisdiction of a local public entity, as long as the local ordinance is identical to those applied to all other residences with the same zoning designation as the family daycare home. This chapter also does not prohibit or restrict the abatement of nuisances by a city, county, or city and county. However, the ordinance or nuisance abatement shall not distinguish family daycare homes from other homes with the same zoning designation, except as otherwise provided in this chapter.
(f)
For purposes of this chapter, “small family daycare home or large family daycare home” includes a detached single-family dwelling, a townhouse, a dwelling unit within a dwelling, or a dwelling unit within a covered multifamily dwelling in which the underlying zoning allows for residential uses. A small family daycare home or large family daycare home is where the family daycare provider resides, and includes a dwelling or dwelling unit that is rented, leased, or owned.

SEC. 10. Section 1597.455 is added to the Health and Safety Code, to read:
1597.455.
(a)  A small family daycare home shall not be subject to Article 1 (commencing with Section 13100) or Article 2 (commencing with Section 13140) of Chapter 1 of Part 2 of Division 12, except that a small family daycare home shall contain a fire extinguisher and smoke detector device that meet standards established by the State Fire Marshal. (b)
A small family daycare home for children shall have one or more carbon monoxide detectors in the facility that meet the standards established in Chapter 8 (commencing with Section 13260) of Part 2 of Division 12.

The department shall account for the presence of these detectors during inspections.

SEC. 11.

Section 1597.46 of the Health and Safety Code is repealed. 6 197
SEC. 12. Section 1597.46 is added to the Health and Safety Code, to read:
1597.46. (a)  A large family daycare home shall abide by all standards, in addition to the requirements of the State Uniform Building Standards Code, that are specifically designed to promote fire and life safety in large family daycare homes. The State Fire Marshal shall adopt separate building standards specifically relating to the subject of fire and life safety in family daycare homes, which shall be published in Title 24 of the California Code of Regulations. These standards shall apply uniformly throughout the state and shall include, but not be limited to, all of the following:
(1)
The requirement that a large family daycare home contain a fire extinguisher or smoke detector device, or both, that meets childcare standards established by the State Fire Marshal.
(2)
Specification as to the number of required exits from the home. (3)  Specification as to the floor or floors on which childcare may be provided and the number of required exits on each floor. (b)  A large family daycare home for children shall have one or more carbon monoxide detectors in the facility that meet the standards established in Chapter 8 (commencing with Section 13260) of Part 2 of Division 12.

The department shall account for the presence of these detectors during inspections.
(c)
Enforcement of this section shall be in accordance with Sections 13145 and 13146. A city, county, city and county, or district shall not adopt or enforce a building ordinance or local rule or regulation relating to the subject of fire and life safety in large family daycare homes that is inconsistent with those standards adopted by the State Fire Marshal, except to the extent the building ordinance or local rule or regulation applies to all residences with the same zoning designation in which childcare is provided.

SEC. 13.

Section 1597.47 of the Health and Safety Code is repealed.

SEC. 14. Section 1597.54 of the Health and Safety Code is amended to read:
1597.54. (a)  All family daycare homes for children, shall apply for a license under this chapter, except that any home that, on June 28, 1981, had a valid and unexpired license to operate as a family daycare home for children under other provisions of law shall be deemed to have a license under this chapter for the unexpired term of the license, at which time a new license may be issued upon fulfilling the requirements of this chapter. (b)  An applicant for licensure as a family daycare home for children shall file with the department, pursuant to its regulations, an application on forms furnished by the department, which shall include, but not be limited to, all of the following:
(1)
A brief statement confirming that the applicant is financially secure to operate a family daycare home for children. The department shall not require any other specific or detailed financial disclosure. (2)
(A)  Evidence that the small family daycare home contains a fire extinguisher or smoke detector device, or both, that meets standards established by the State Fire Marshal under Section 1597.455, or evidence 7 198
that the large family daycare home meets the standards established by the State Fire Marshal under subdivision (a) of Section 1597.46. (B)  Evidence satisfactory to the department that there is a fire escape and disaster plan for the facility and that fire drills and disaster drills will be conducted at least once every six months. The documentation of these drills shall be maintained at the facility on a form prepared by the department and shall include the date and time of the drills.
(3)
The fingerprints of any applicant of a family daycare home license, and any other adult, as required under subdivision (b) of Section 1596.871. (4)  Evidence of a current tuberculosis clearance, as defined in regulations that the department shall adopt, for any adult in the home during the time that children are under care. This requirement may be satisfied by a current certificate, as defined in subdivision (f) of Section 121525, that indicates freedom from infectious tuberculosis as set forth in Section 121525. (5)
Commencing September 1, 2016, evidence of current immunity or exemption from immunity, as described in Section 1597.622, for the applicant and any other person who provides care and supervision to the children.
(6)
Evidence satisfactory to the department of the ability of the applicant to comply with this chapter and Chapter 3.4 (commencing with Section 1596.70) and the regulations adopted pursuant to those chapters. (7)
Evidence satisfactory to the department that the applicant and all other persons residing in the home are of reputable and responsible character.

The evidence shall include, but not be limited to, a criminal record clearance pursuant to Section 1596.871, employment history, and character references. (8)
Other information as required by the department for the proper administration and enforcement of the act.
(c)  Failure of the applicant to cooperate with the licensing agency in the completion of the application shall result in the denial of the application.

Failure to cooperate means that the information described in this section and in regulations of the department has not been provided, or not provided in the form requested by the licensing agency, or both.

SEC. 15.

Section 1597.543 of the Health and Safety Code is repealed.

SEC. 16. Section 1597.543 is added to the Health and Safety Code, to read:
1597.543. (a)  The State Fire Marshal shall update the building and fire standards necessary to implement the sections of this chapter relating to life and fire safety, including, but not limited to, Sections 1597.455 and 1597.46, and shall publish the updates in the California Code of Regulations (CCR) in the next Title 19 and Title 24 CCR adoption cycle.
(b)
Prior to the publication of the updates required by subdivision (a), but not later than January 1, 2021, the State Fire Marshal shall issue guidance on implementing the sections listed in subdivision (a). (c)
The State Fire Marshal shall update the regulations at least every three years to conform to changes in this chapter. The State Fire Marshal 8 199
may issue guidance on implementing this chapter annually in the years in which the regulations are not updated in Title 19 and Title 24 of the CCR.

O
9 200
Assembly Bill No. 2162
CHAPTER 753
An act to amend Section 65583 of, and to add Article 11 (commencing with Section 65650) to Chapter 3 of Division 1 of Title 7 of, the Government Code, relating to land use.
[Approved by Governor September 26, 2018. Filed with
Secretary of State September 26, 2018.]
legislative counsel’s digest
AB 2162, Chiu. Planning and zoning: housing development: supportive housing.

The Planning and Zoning Law requires the legislative body of each county and city to adopt a comprehensive, long-term general plan for the physical development of the county or city that includes, among other mandatory elements, a housing element. That law requires the housing element to contain, among other things, an assessment of housing needs and an inventory of resources and constraints relevant to meeting those needs and a program that sets forth a schedule of actions during the planning period, each with a timeline for implementation. That law specifies that transitional housing and supportive housing are a residential use of property, subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.

This bill would make a nonsubstantive change to this requirement.

The Planning and Zoning Law requires the rezoning of sites identified in the inventory of sites by specific deadlines where the inventory does not identify adequate sites to accommodate the need for groups of all household income levels. That law further requires this rezoning to accommodate 100% of the need for housing for very low and low-income households, as specified, on sites zoned to permit owner-occupied and rental multifamily residential use by right during the planning period and defines the term “use by right” for these purposes.

This bill would require that supportive housing be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development meets specified criteria, and would require a local government to approve, within specified periods, a supportive housing development that complies with these requirements. The bill would require that a developer of supportive housing provide the planning agency with a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project and describing those services, as provided. The bill would prohibit the local government from imposing any minimum parking requirement for units occupied by

93 201
supportive housing residents if the development is located within ½ mile of a public transit stop. The bill would specify that its provisions do not (1) preclude or limit the ability of a developer to seek a density bonus from the local government or (2) expand or contract the authority of a local government to adopt or amend an ordinance, charter, general plan, specific plan, resolution, or other land use policy or regulation that promotes the development of supportive housing.

The bill would include findings that the changes proposed by this bill address a matter of statewide concern rather than a municipal affair and, therefore, apply to all cities, including charter cities.

The California Environmental Quality Act (CEQA) requires a lead agency, as defined, to prepare, or cause to be prepared, and certify the completion of, an environmental impact report on a project that it proposes to carry out or approve that may have a significant effect on the environment or to adopt a negative declaration if it finds that the project will not have that effect.

CEQA does not apply to the ministerial approval of projects.

This bill, by authorizing supportive housing as a use by right under certain circumstances, would expand the exemption for the ministerial approval of projects under CEQA.

By adding to the duties of local planning officials, this bill would impose a state-mandated local program.

This bill would incorporate additional changes to Section 65583 of the Government Code proposed by AB 686 to be operative only if this bill and AB 686 are enacted and this bill is enacted last.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

The people of the State of California do enact as follows:

SECTION 1.

The Legislature finds and declares the following:
(a)  California’s homeless population increased by over 16,000 from 2016 to 2017, to 134,278 Californians experiencing homelessness at any point in time. Two to three times this number experienced homelessness during the course of last year. Twenty-five percent of the nation’s total homeless population and almost half of the nation’s unsheltered population reside in California. California now has one of the highest rates of homelessness per resident, twice as high as the national average.
(b)
Addressing homelessness is urgent, as communities across the state face public health emergencies, including widespread Hepatitis A infection among residents experiencing homelessness in several major cities, higher mortality among homeless people with HIV and AIDS, and early mortality among people experiencing chronic homelessness.
93 —
2 —Ch. 753

202
(c)  Chronic patterns of homelessness—homelessness lasting at least a year or repeatedly over three years—are on the rise in California, whereas decreasing elsewhere. As of 2017, 42 percent of those experiencing chronic homelessness nationwide live in California. The vast majority of these individuals and families have lived in California since well before becoming homeless.
(d)
Evidence shows supportive housing—an affordable rental with intensive services promoting housing stability—works to reduce chronic homelessness. As a result, the Legislature has invested in supportive housing, including the No Place Like Home Program, which will generate $2 billion in revenue bonds to build supportive housing for homeless Californians with serious mental illness.
(e)
Studies reveal supportive housing benefits communities by reducing homelessness locally, addressing blight, and increasing property values.

Yet one of the barriers to creating supportive housing has been local delays or denials of applications to build supportive housing, based on subjective local planning standards. Delays or denials of building applications add to the costs and timeline of development, affecting the effectiveness of state dollars.
(f)
Given the urgent need to provide supportive housing to Californians experiencing chronic homelessness, streamlining and expediting the process of approving supportive housing applications will offer housing opportunities in communities with few or no opportunities to exit chronic homelessness.

Further, it will promote progress in addressing the growing crisis of homelessness the Legislature intended through recent initiatives.

SEC. 2.

Section 65583 of the Government Code is amended to read:
65583. The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all of the following:
(a)
An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following:
(1)  An analysis of population and employment trends and documentation of projections and a quantification of the locality’s existing and projected housing needs for all income levels, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the locality’s share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify 93 Ch.
753— 3 —

203
as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income households shall equal the jurisdiction’s allocation of very low income households pursuant to Section 65584.
(2)  An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.
(3)
An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites.
(4)
(A)  The identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The identified zone or zones shall include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zone or zones that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zone or zones with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zones where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to, emergency shelters. Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except that a local government may apply written, objective standards that include all of the following:
(i)
The maximum number of beds or persons permitted to be served nightly by the facility.
(ii)  Off-street parking based upon demonstrated need, provided that the standards do not require more parking for emergency shelters than for other residential or commercial uses within the same zone.
(iii)
The size and location of exterior and interior onsite waiting and client intake areas.
(iv)  The provision of onsite management.
(v)  The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart. (vi)  The length of stay.
(vii)  Lighting.
(viii)  Security during hours that the emergency shelter is in operation. (B)  The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts 93 — 4 —Ch. 753

204
within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). (C)  A local government that can demonstrate to the satisfaction of the department the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction’s need for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zone or zones where new emergency shelters are allowed with a conditional use permit.
(D)
A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zones for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
(5)
An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, local processing and permit procedures, and any locally adopted ordinances that directly impact the cost and supply of residential development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).
(6)  An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing. (7)
An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on annual and seasonal need. The need for emergency shelter may be reduced by the number of supportive housing units that are 93 Ch.
753— 5 —

205
identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
(8)
An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
(9)  An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. “Assisted housing developments,” for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. “Assisted housing developments” shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
(A)
The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the locality’s low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis. (B)
The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.
(C)
The analysis shall identify public and private nonprofit corporations known to the local government which have legal and managerial capacity to acquire and manage these housing developments.
(D)
The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs which can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the 93 —
6 —Ch. 753

206
amounts of funds under each available program which have not been legally obligated for other purposes and which could be available for use in preserving assisted housing developments.
(b)
(1)  A statement of the community’s goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing.
(2)
It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the community’s ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period.
(c)
A program which sets forth a schedule of actions during the planning period, each with a timeline for implementation, which may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
(1)
Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
(A)
Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development standards, for jurisdictions with an eight-year housing element planning period pursuant 93 Ch.
753— 7 —

207
to Section 65588, shall be completed no later than three years after either the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f).

Notwithstanding the foregoing, for a local government that fails to adopt a housing element within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards, shall be completed no later than three years and 120 days from the statutory deadline in Section 65588 for adoption of the housing element.
(B)
Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2. (C)
Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
(2)
Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households. (3)  Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650). (4)  Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
(5)
Promote housing opportunities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability.
(6)
Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, 93 —
8 —Ch. 753

208
to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
(7)
Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
(8)
Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort. (d)
(1)  A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
(2)
The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
(3)
Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
(A)  How the joint facility will meet the jurisdiction’s emergency shelter need.
(B)  The jurisdiction’s contribution to the facility for both the development and ongoing operation and management of the facility.
(C)  The amount and source of the funding that the jurisdiction contributes to the facility.
(4)  The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter. (e)  Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
(1)  A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
(2)
Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02. (f)
The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by 93 Ch. 753— 9 —

209
one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist:
(1)
The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.
(2)
The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints. (3)  The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.

The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution. (g)
(1)  If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(2)
A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial evidence on the record that both of the following conditions exist:
(A)
The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density.

As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (B)
There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the 93 — 10 —Ch. 753

210
disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. (3)  The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof. (4)
For purposes of this subdivision, “housing development project” means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.
(h)  An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.

SEC. 2.5.

Section 65583 of the Government Code is amended to read:
65583. The housing element shall consist of an identification and analysis of existing and projected housing needs and a statement of goals, policies, quantified objectives, financial resources, and scheduled programs for the preservation, improvement, and development of housing. The housing element shall identify adequate sites for housing, including rental housing, factory-built housing, mobilehomes, and emergency shelters, and shall make adequate provision for the existing and projected needs of all economic segments of the community. The element shall contain all of the following:
(a)
An assessment of housing needs and an inventory of resources and constraints relevant to the meeting of these needs. The assessment and inventory shall include all of the following:
(1)  An analysis of population and employment trends and documentation of projections and a quantification of the locality’s existing and projected housing needs for all income levels, including extremely low income households, as defined in subdivision (b) of Section 50105 and Section 50106 of the Health and Safety Code. These existing and projected needs shall include the locality’s share of the regional housing need in accordance with Section 65584. Local agencies shall calculate the subset of very low income households allotted under Section 65584 that qualify as extremely low income households. The local agency may either use available census data to calculate the percentage of very low income households that qualify as extremely low income households or presume that 50 percent of the very low income households qualify as extremely low income households. The number of extremely low income households and very low income 93 Ch.
753— 11 —

211
households shall equal the jurisdiction’s allocation of very low income households pursuant to Section 65584.
(2)  An analysis and documentation of household characteristics, including level of payment compared to ability to pay, housing characteristics, including overcrowding, and housing stock condition.
(3)
An inventory of land suitable and available for residential development, including vacant sites and sites having realistic and demonstrated potential for redevelopment during the planning period to meet the locality’s housing need for a designated income level, and an analysis of the relationship of zoning and public facilities and services to these sites.
(4)
(A)  The identification of a zone or zones where emergency shelters are allowed as a permitted use without a conditional use or other discretionary permit. The identified zone or zones shall include sufficient capacity to accommodate the need for emergency shelter identified in paragraph (7), except that each local government shall identify a zone or zones that can accommodate at least one year-round emergency shelter. If the local government cannot identify a zone or zones with sufficient capacity, the local government shall include a program to amend its zoning ordinance to meet the requirements of this paragraph within one year of the adoption of the housing element. The local government may identify additional zones where emergency shelters are permitted with a conditional use permit. The local government shall also demonstrate that existing or proposed permit processing, development, and management standards are objective and encourage and facilitate the development of, or conversion to, emergency shelters. Emergency shelters may only be subject to those development and management standards that apply to residential or commercial development within the same zone except that a local government may apply written, objective standards that include all of the following:
(i)
The maximum number of beds or persons permitted to be served nightly by the facility.
(ii)  Off-street parking based upon demonstrated need, provided that the standards do not require more parking for emergency shelters than for other residential or commercial uses within the same zone.
(iii)
The size and location of exterior and interior onsite waiting and client intake areas.
(iv)  The provision of onsite management.
(v)  The proximity to other emergency shelters, provided that emergency shelters are not required to be more than 300 feet apart. (vi)  The length of stay.
(vii)  Lighting.
(viii)  Security during hours that the emergency shelter is in operation. (B)  The permit processing, development, and management standards applied under this paragraph shall not be deemed to be discretionary acts within the meaning of the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code). 93 —
12 —Ch. 753

212
(C)  A local government that can demonstrate to the satisfaction of the department the existence of one or more emergency shelters either within its jurisdiction or pursuant to a multijurisdictional agreement that can accommodate that jurisdiction’s need for emergency shelter identified in paragraph (7) may comply with the zoning requirements of subparagraph (A) by identifying a zone or zones where new emergency shelters are allowed with a conditional use permit.
(D)
A local government with an existing ordinance or ordinances that comply with this paragraph shall not be required to take additional action to identify zones for emergency shelters. The housing element must only describe how existing ordinances, policies, and standards are consistent with the requirements of this paragraph.
(5)
An analysis of potential and actual governmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the types of housing identified in paragraph (1) of subdivision (c), and for persons with disabilities as identified in the analysis pursuant to paragraph (7), including land use controls, building codes and their enforcement, site improvements, fees and other exactions required of developers, local processing and permit procedures, and any locally adopted ordinances that directly impact the cost and supply of residential development. The analysis shall also demonstrate local efforts to remove governmental constraints that hinder the locality from meeting its share of the regional housing need in accordance with Section 65584 and from meeting the need for housing for persons with disabilities, supportive housing, transitional housing, and emergency shelters identified pursuant to paragraph (7).
(6)  An analysis of potential and actual nongovernmental constraints upon the maintenance, improvement, or development of housing for all income levels, including the availability of financing, the price of land, the cost of construction, the requests to develop housing at densities below those anticipated in the analysis required by subdivision (c) of Section 65583.2, and the length of time between receiving approval for a housing development and submittal of an application for building permits for that housing development that hinder the construction of a locality’s share of the regional housing need in accordance with Section 65584. The analysis shall also demonstrate local efforts to remove nongovernmental constraints that create a gap between the locality’s planning for the development of housing for all income levels and the construction of that housing. (7)
An analysis of any special housing needs, such as those of the elderly; persons with disabilities, including a developmental disability, as defined in Section 4512 of the Welfare and Institutions Code; large families; farmworkers; families with female heads of households; and families and persons in need of emergency shelter. The need for emergency shelter shall be assessed based on annual and seasonal need. The need for emergency shelter may be reduced by the number of supportive housing units that are identified in an adopted 10-year plan to end chronic homelessness and that are either vacant or for which funding has been identified to allow 93 Ch.
753— 13 —

213
construction during the planning period. An analysis of special housing needs by a city or county may include an analysis of the need for frequent user coordinated care housing services.
(8)
An analysis of opportunities for energy conservation with respect to residential development. Cities and counties are encouraged to include weatherization and energy efficiency improvements as part of publicly subsidized housing rehabilitation projects. This may include energy efficiency measures that encompass the building envelope, its heating and cooling systems, and its electrical system.
(9)  An analysis of existing assisted housing developments that are eligible to change from low-income housing uses during the next 10 years due to termination of subsidy contracts, mortgage prepayment, or expiration of restrictions on use. “Assisted housing developments,” for the purpose of this section, shall mean multifamily rental housing that receives governmental assistance under federal programs listed in subdivision (a) of Section 65863.10, state and local multifamily revenue bond programs, local redevelopment programs, the federal Community Development Block Grant Program, or local in-lieu fees. “Assisted housing developments” shall also include multifamily rental units that were developed pursuant to a local inclusionary housing program or used to qualify for a density bonus pursuant to Section 65916.
(A)
The analysis shall include a listing of each development by project name and address, the type of governmental assistance received, the earliest possible date of change from low-income use, and the total number of elderly and nonelderly units that could be lost from the locality’s low-income housing stock in each year during the 10-year period. For purposes of state and federally funded projects, the analysis required by this subparagraph need only contain information available on a statewide basis. (B)
The analysis shall estimate the total cost of producing new rental housing that is comparable in size and rent levels, to replace the units that could change from low-income use, and an estimated cost of preserving the assisted housing developments. This cost analysis for replacement housing may be done aggregately for each five-year period and does not have to contain a project-by-project cost estimate.
(C)
The analysis shall identify public and private nonprofit corporations known to the local government that have legal and managerial capacity to acquire and manage these housing developments.
(D)
The analysis shall identify and consider the use of all federal, state, and local financing and subsidy programs that can be used to preserve, for lower income households, the assisted housing developments, identified in this paragraph, including, but not limited to, federal Community Development Block Grant Program funds, tax increment funds received by a redevelopment agency of the community, and administrative fees received by a housing authority operating within the community. In considering the use of these financing and subsidy programs, the analysis shall identify the amounts of funds under each available program that have not been legally 93 —
14 —Ch. 753

214
obligated for other purposes and that could be available for use in preserving assisted housing developments.
(b)  (1)  A statement of the community’s goals, quantified objectives, and policies relative to the maintenance, preservation, improvement, and development of housing.
(2)
It is recognized that the total housing needs identified pursuant to subdivision (a) may exceed available resources and the community’s ability to satisfy this need within the content of the general plan requirements outlined in Article 5 (commencing with Section 65300). Under these circumstances, the quantified objectives need not be identical to the total housing needs. The quantified objectives shall establish the maximum number of housing units by income category, including extremely low income, that can be constructed, rehabilitated, and conserved over a five-year time period.
(c)
A program that sets forth a schedule of actions during the planning period, each with a timeline for implementation, that may recognize that certain programs are ongoing, such that there will be beneficial impacts of the programs within the planning period, that the local government is undertaking or intends to undertake to implement the policies and achieve the goals and objectives of the housing element through the administration of land use and development controls, the provision of regulatory concessions and incentives, the utilization of appropriate federal and state financing and subsidy programs when available, and the utilization of moneys in a low- and moderate-income housing fund of an agency if the locality has established a redevelopment project area pursuant to the Community Redevelopment Law (Division 24 (commencing with Section 33000) of the Health and Safety Code). In order to make adequate provision for the housing needs of all economic segments of the community, the program shall do all of the following:
(1)
Identify actions that will be taken to make sites available during the planning period with appropriate zoning and development standards and with services and facilities to accommodate that portion of the city’s or county’s share of the regional housing need for each income level that could not be accommodated on sites identified in the inventory completed pursuant to paragraph (3) of subdivision (a) without rezoning, and to comply with the requirements of Section 65584.09. Sites shall be identified as needed to facilitate and encourage the development of a variety of types of housing for all income levels, including multifamily rental housing, factory-built housing, mobilehomes, housing for agricultural employees, supportive housing, single-room occupancy units, emergency shelters, and transitional housing.
(A)
Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, rezoning of those sites, including adoption of minimum density and development standards, for jurisdictions with an eight-year housing element planning period pursuant to Section 65588, shall be completed no later than three years after either 93 Ch.
753— 15 —

215
the date the housing element is adopted pursuant to subdivision (f) of Section 65585 or the date that is 90 days after receipt of comments from the department pursuant to subdivision (b) of Section 65585, whichever is earlier, unless the deadline is extended pursuant to subdivision (f).

Notwithstanding the foregoing, for a local government that fails to adopt a housing element within 120 days of the statutory deadline in Section 65588 for adoption of the housing element, rezoning of those sites, including adoption of minimum density and development standards, shall be completed no later than three years and 120 days from the statutory deadline in Section 65588 for adoption of the housing element.
(B)
Where the inventory of sites, pursuant to paragraph (3) of subdivision (a), does not identify adequate sites to accommodate the need for groups of all household income levels pursuant to Section 65584, the program shall identify sites that can be developed for housing within the planning period pursuant to subdivision (h) of Section 65583.2. The identification of sites shall include all components specified in Section 65583.2. (C)
Where the inventory of sites pursuant to paragraph (3) of subdivision (a) does not identify adequate sites to accommodate the need for farmworker housing, the program shall provide for sufficient sites to meet the need with zoning that permits farmworker housing use by right, including density and development standards that could accommodate and facilitate the feasibility of the development of farmworker housing for low- and very low income households.
(2)
Assist in the development of adequate housing to meet the needs of extremely low, very low, low-, and moderate-income households. (3)  Address and, where appropriate and legally possible, remove governmental and nongovernmental constraints to the maintenance, improvement, and development of housing, including housing for all income levels and housing for persons with disabilities. The program shall remove constraints to, and provide reasonable accommodations for housing designed for, intended for occupancy by, or with supportive services for, persons with disabilities. Transitional housing and supportive housing shall be considered a residential use of property and shall be subject only to those restrictions that apply to other residential dwellings of the same type in the same zone. Supportive housing, as defined in Section 65650, shall be a use by right in all zones where multifamily and mixed uses are permitted, as provided in Article 11 (commencing with Section 65650). (4)  Conserve and improve the condition of the existing affordable housing stock, which may include addressing ways to mitigate the loss of dwelling units demolished by public or private action.
(5)
Promote and affirmatively further fair housing opportunities and promote housing throughout the community or communities for all persons regardless of race, religion, sex, marital status, ancestry, national origin, color, familial status, or disability, and other characteristics protected by the California Fair Employment and Housing Act (Part 2.8 (commencing with Section 12900) of Division 3 of Title 2), Section 65008, and any other state and federal fair housing and planning law.
93 —
16 —Ch. 753

216
(6)  Preserve for lower income households the assisted housing developments identified pursuant to paragraph (9) of subdivision (a). The program for preservation of the assisted housing developments shall utilize, to the extent necessary, all available federal, state, and local financing and subsidy programs identified in paragraph (9) of subdivision (a), except where a community has other urgent needs for which alternative funding sources are not available. The program may include strategies that involve local regulation and technical assistance.
(7)
Include an identification of the agencies and officials responsible for the implementation of the various actions and the means by which consistency will be achieved with other general plan elements and community goals.
(8)
Include a diligent effort by the local government to achieve public participation of all economic segments of the community in the development of the housing element, and the program shall describe this effort. (9)
(A)  Affirmatively further fair housing in accordance with Chapter 15 (commencing with Section 8899.50) of Division 1 of Title 2. The program shall include an assessment of fair housing in the jurisdiction that shall include all of the following components:
(i)  A summary of fair housing issues in the jurisdiction and an assessment of the jurisdiction’s fair housing enforcement and fair housing outreach capacity.
(ii)
An analysis of available federal, state, and local data and knowledge to identify integration and segregation patterns and trends, racially or ethnically concentrated areas of poverty, disparities in access to opportunity, and disproportionate housing needs within the jurisdiction, including displacement risk.
(iii)
An assessment of the contributing factors for the fair housing issues identified under clause (ii).
(iv)  An identification of the jurisdiction’s fair housing priorities and goals, giving highest priority to those factors identified in clause (iii) that limit or deny fair housing choice or access to opportunity, or negatively impact fair housing or civil rights compliance, and identifying the metrics and milestones for determining what fair housing results will be achieved. (v)
Strategies and actions to implement those priorities and goals, which may include, but are not limited to, enhancing mobility strategies and encouraging development of new affordable housing in areas of opportunity, as well as place-based strategies to encourage community revitalization, including preservation of existing affordable housing, and protecting existing residents from displacement.
(B)  A jurisdiction that completes or revises an assessment of fair housing pursuant to Subpart A (commencing with Section 5.150) of Part 5 of Subtitle A of Title 24 of the Code of Federal Regulations, as published in V olume 80 of the Federal Register, Number 136, page 42272, dated July 16, 2015, or an analysis of impediments to fair housing choice in accordance with the requirements of Section 91.225 of Title 24 of the Code of Federal Regulations in effect prior to August 17, 2015, may incorporate relevant 93 Ch.
753— 17 —

217
portions of that assessment or revised assessment of fair housing or analysis or revised analysis of impediments to fair housing into its housing element. (C)  The requirements of this paragraph shall apply to housing elements due to be revised pursuant to Section 65588 on or after January 1, 2021. (d)  (1)  A local government may satisfy all or part of its requirement to identify a zone or zones suitable for the development of emergency shelters pursuant to paragraph (4) of subdivision (a) by adopting and implementing a multijurisdictional agreement, with a maximum of two other adjacent communities, that requires the participating jurisdictions to develop at least one year-round emergency shelter within two years of the beginning of the planning period.
(2)
The agreement shall allocate a portion of the new shelter capacity to each jurisdiction as credit toward its emergency shelter need, and each jurisdiction shall describe how the capacity was allocated as part of its housing element.
(3)
Each member jurisdiction of a multijurisdictional agreement shall describe in its housing element all of the following:
(A)  How the joint facility will meet the jurisdiction’s emergency shelter need.
(B)  The jurisdiction’s contribution to the facility for both the development and ongoing operation and management of the facility.
(C)  The amount and source of the funding that the jurisdiction contributes to the facility.
(4)  The aggregate capacity claimed by the participating jurisdictions in their housing elements shall not exceed the actual capacity of the shelter. (e)  Except as otherwise provided in this article, amendments to this article that alter the required content of a housing element shall apply to both of the following:
(1)  A housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when a city, county, or city and county submits a draft to the department for review pursuant to Section 65585 more than 90 days after the effective date of the amendment to this section.
(2)
Any housing element or housing element amendment prepared pursuant to subdivision (e) of Section 65588 or Section 65584.02, when the city, county, or city and county fails to submit the first draft to the department before the due date specified in Section 65588 or 65584.02. (f)
The deadline for completing required rezoning pursuant to subparagraph (A) of paragraph (1) of subdivision (c) shall be extended by one year if the local government has completed the rezoning at densities sufficient to accommodate at least 75 percent of the units for low- and very low income households and if the legislative body at the conclusion of a public hearing determines, based upon substantial evidence, that any of the following circumstances exist:
(1)
The local government has been unable to complete the rezoning because of the action or inaction beyond the control of the local government of any other state, federal, or local agency.
93 —
18 —Ch. 753

218
(2)  The local government is unable to complete the rezoning because of infrastructure deficiencies due to fiscal or regulatory constraints. (3)  The local government must undertake a major revision to its general plan in order to accommodate the housing-related policies of a sustainable communities strategy or an alternative planning strategy adopted pursuant to Section 65080.

The resolution and the findings shall be transmitted to the department together with a detailed budget and schedule for preparation and adoption of the required rezonings, including plans for citizen participation and expected interim action. The schedule shall provide for adoption of the required rezoning within one year of the adoption of the resolution. (g)
(1)  If a local government fails to complete the rezoning by the deadline provided in subparagraph (A) of paragraph (1) of subdivision (c), as it may be extended pursuant to subdivision (f), except as provided in paragraph (2), a local government may not disapprove a housing development project, nor require a conditional use permit, planned unit development permit, or other locally imposed discretionary permit, or impose a condition that would render the project infeasible, if the housing development project (A) is proposed to be located on a site required to be rezoned pursuant to the program action required by that subparagraph and (B) complies with applicable, objective general plan and zoning standards and criteria, including design review standards, described in the program action required by that subparagraph. Any subdivision of sites shall be subject to the Subdivision Map Act (Division 2 (commencing with Section 66410)). Design review shall not constitute a “project” for purposes of Division 13 (commencing with Section 21000) of the Public Resources Code.
(2)
A local government may disapprove a housing development described in paragraph (1) if it makes written findings supported by substantial evidence on the record that both of the following conditions exist:
(A)
The housing development project would have a specific, adverse impact upon the public health or safety unless the project is disapproved or approved upon the condition that the project be developed at a lower density.

As used in this paragraph, a “specific, adverse impact” means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete. (B)
There is no feasible method to satisfactorily mitigate or avoid the adverse impact identified pursuant to paragraph (1), other than the disapproval of the housing development project or the approval of the project upon the condition that it be developed at a lower density. (3)
The applicant or any interested person may bring an action to enforce this subdivision. If a court finds that the local agency disapproved a project or conditioned its approval in violation of this subdivision, the court shall issue an order or judgment compelling compliance within 60 days. The court shall retain jurisdiction to ensure that its order or judgment is carried out. If the court determines that its order or judgment has not been carried 93 Ch.
753— 19 —

219
out within 60 days, the court may issue further orders to ensure that the purposes and policies of this subdivision are fulfilled. In any such action, the city, county, or city and county shall bear the burden of proof. (4)
For purposes of this subdivision, “housing development project” means a project to construct residential units for which the project developer provides sufficient legal commitments to the appropriate local agency to ensure the continued availability and use of at least 49 percent of the housing units for very low, low-, and moderate-income households with an affordable housing cost or affordable rent, as defined in Section 50052.5 or 50053 of the Health and Safety Code, respectively, for the period required by the applicable financing.
(h)  An action to enforce the program actions of the housing element shall be brought pursuant to Section 1085 of the Code of Civil Procedure.

SEC. 3. Article 11 (commencing with Section 65650) is added to Chapter 3 of Division 1 of Title 7 of the Government Code, to read:

Article 11. Supportive Housing
65650.

For purposes of this article, the following definitions shall apply:
(a)  “Supportive housing” shall have the same meaning as defined in Section 50675.14 of the Health and Safety Code.
(b)  “Supportive services” shall have the same meaning as defined in Section 65582.
(c)  “Target population” shall have the same meaning as defined in Section 50675.14 of the Health and Safety Code.
(d)  “Use by right” shall have the same meaning as defined in subdivision (i) of Section 65583.2.
65651. (a)  Supportive housing shall be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development satisfies all of the following requirements:
(1)
Units within the development are subject to a recorded affordability restriction for 55 years.
(2)  One hundred percent of the units, excluding managers’ units, within the development are dedicated to lower income households and are receiving public funding to ensure affordability of the housing to lower income Californians. For purposes of this paragraph, “lower income households” has the same meaning as defined in Section 50079.5 of the Health and Safety Code.
(3)
At least 25 percent of the units in the development or 12 units, whichever is greater, are restricted to residents in supportive housing who meet criteria of the target population. If the development consists of fewer than 12 units, then 100 percent of the units, excluding managers’ units, in the development shall be restricted to residents in supportive housing. (4)
The developer provides the planning agency with the information required by Section 65652.
93 — 20 —Ch. 753

220
(5)  Nonresidential floor area shall be used for onsite supportive services in the following amounts:
(A)  For a development with 20 or fewer total units, at least 90 square feet shall be provided for onsite supportive services.
(B)  For a development with more than 20 units, at least 3 percent of the total nonresidential floor area shall be provided for onsite supportive services that are limited to tenant use, including, but not limited to, community rooms, case management offices, computer rooms, and community kitchens. (6)  The developer replaces any dwelling units on the site of the supportive housing development in the manner provided in paragraph (3) of subdivision (c) of Section 65915.
(7)
Units within the development, excluding managers’ units, include at least one bathroom and a kitchen or other cooking facilities, including, at minimum, a stovetop, a sink, and a refrigerator.
(b)
The local government may require a supportive housing development subject to this article to comply with objective, written development standards and policies; provided, however, that the development shall only be subject to the objective standards and policies that apply to other multifamily development within the same zone.
(c)
Notwithstanding any other provision of this section to the contrary, the local government shall, at the request of the project owner, reduce the number of residents required to live in supportive housing if the project-based rental assistance or operating subsidy for a supportive housing project is terminated through no fault of the project owner, but only if all of the following conditions have been met:
(1)
The owner demonstrates that it has made good faith efforts to find other sources of financial support.
(2)  Any change in the number of supportive service units is restricted to the minimum necessary to maintain project’s financial feasibility. (3)  Any change to the occupancy of the supportive housing units is made in a manner that minimizes tenant disruption and only upon the vacancy of any supportive housing units.
(d)
If the proposed housing development is located within a city with a population of fewer than 200,000 or the unincorporated area of a county with a population of fewer than 200,000, and the city or the unincorporated area of the county has a population of persons experiencing homelessness of 1,500 or fewer, according to the most recently published homeless point-in-time-count, the development, in addition to the requirements of subdivision (a), shall consist of 50 units or fewer to be a use by right pursuant to this article. A city or county described in this subdivision may develop a policy to approve as a use by right proposed housing developments with a limit higher than 50 units.
65652.

A developer of supportive housing subject to this article shall provide the planning agency with a plan for providing supportive services, with documentation demonstrating that supportive services will be provided onsite to residents in the project, as required by Section 65651, and describing those services, which shall include all of the following:
93 Ch.
753— 21 —

221
(a)  The name of the proposed entity or entities that will provide supportive services.
(b)  The proposed funding source or sources for the provided onsite supportive services.
(c)  Proposed staffing levels.
65653. (a)  The local government shall approve a supportive housing development that complies with the applicable requirements of this article. (b)  The local government shall notify the developer whether the application is complete within 30 days of receipt of an application to develop supportive housing in accordance with this article. The local government shall complete its review of the application within 60 days after the application is complete for a project with 50 or fewer units, or within 120 days after the application is complete for a project with more than 50 units. 65654.

If the supportive housing development is located within one-half mile of a public transit stop, the local government shall not impose any minimum parking requirements for the units occupied by supportive housing residents.
65655.

This article shall not be construed to do either of the following:
(a)  Preclude or limit the ability of a developer to seek a density bonus from the local government pursuant to Section 65915.
(b)  Expand or contract the authority of a local government to adopt or amend an ordinance, charter, general plan, specific plan, resolution, or other land use policy or regulation that promotes the development of supportive housing.
65656.

The Legislature finds and declares that the provision of adequate supportive housing to help alleviate the severe shortage of housing opportunities for people experiencing homelessness in this state and of necessary services to the target population described in Section 50675.14 of the Health and Safety Code is a matter of statewide concern and is not a municipal affair as that term is used in Section 5 of Article XI of the California Constitution. Therefore, this article applies to all cities, including charter cities.

SEC. 4.

Section 2.5 of this bill incorporates amendments to Section 65583 of the Government Code proposed by both this bill and Assembly Bill 686. That section of this bill shall only become operative if (1) both bills are enacted and become effective on or before January 1, 2019, (2) each bill amends Section 65583 of the Government Code, and (3) this bill is enacted after Assembly Bill 686, in which case Section 2 of this bill shall not become operative.

SEC. 5.

No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.

O
93 —
22 —Ch. 753

222

STAFF REPORT TO THE CITY COUNCIL

TO: Mayor Walker-Griffin and Members of the City Council

SUBMITTED BY: Timothy Rood AICP, Community Development Director Larissa Alchin, M-Group Consultant Planner

MEETING DATE: January 24, 2023

SUBJECT: Ordinance to Amend Hercules Municipal Code Title 9, Chapters 1-18, Adopting by Reference the New California Code of Regulations Title 24, 2022 Edition of the California Building Standards Code with amendments developed by City of Hercules, Contra Costa County and the Rodeo–Hercules Fire Protection District.

RECOMMENDATION

That the City Council:

1. Adopt second reading of amended Ordinance.

EXECUTIVE SUMMARY

This ordinance would update the City’s building and fire codes to the current cycle. Every three years, the State of California updates the California Code of Regulations, Title 24, which includes the building and fire codes. During this cycle, the State Building Standards Commission adopts and publishes amendments to national model codes and updates codes specific to California. These model codes with State amendments and California -specific codes went into effect in every city and county in the state on January 1, 2023. The Health and Safety Code allows local jurisdictions to either adopt the S tate codes as is, or modify them based on local geologic, climatic, or topographic conditions, with required findings and notification to the State. The amendments were coordinated with the Contra Costa County Department of Conservation and Development and the Rodeo-Hercules Fire District. They would adopt the 2022 construction codes with local amendments consistent with the amendments adopted by the County and the Fire District, except that the provisions of the City’s 2022 All-Electric Ordinance would be preserved.

The City Council approved the first reading of this ordinance on January 10, 2023.

BACKGROUND

California’s statewide construction codes are updated every three years. The attached draft ordinance would update the City’s Building and Fire Codes for the 2022 code cycle, in alignment 223
with County and Fire District code updates as well as the City’s All -Electric Building Code. The proposed ordinance also amends the statewide codes due to local conditions as described in the attached County and Fire Protection District ordinances and adopted findings.

Construction Code Amendments
The California Building Standards Commission has adopted the 2022 California Building Standards Code (CBSC), replacing the 2019 CBSC. The CBSC includes the California Building, Residential, Electrical, Plumbing, Mechanical, Green Building Standards, Fire, Energy, Historical Building, and Existing Building Codes. These statewide codes will be effective January 1, 2023.

The codes used by the City of Hercules for construction are: Administrative Code, Building Code, Plumbing Code, Mechanical Code, Electrical Code, Building Security Code, Abatement of Dangerous Buildings, Energy Code, Historical Code, E xisting Building Code, Referenced Standards Code, Fire Code, Green Building Standards Code, and Residential Code. The City also adopts Title 25, Division 1, Chapter 1, Uniform Housing Code, and the International Property Maintenance Code, which are not part of the California Code of Regulations.

DISCUSSION

Title 24 of the California Building Standards Code of Regulations contains most of the construction codes adopted by the City of Hercules. After a thorough review process that takes place over a three-year period, the CBSC is developed and published in its entirety by order of the California Legislature. Jurisdictions then have two choices: adopt the codes as printed, or adopt the codes with amendments. A city or county may establish more restrictive bu ilding standards (amendments) reasonably necessary because of local climatic, geological, or topographical conditions. Whenever an enforcement authority wants to make the Code more stringent than the published version, they must submit the request to the California Building Standards Commission and present a basis of conditions that make the changes necessary. The code changes contained in the amended ordinance as recommended have been proposed and approved by the Contra Costa County Board of Supervisors (Board) (Attachment 2), and the findings of necessity have been filed with the California Building Standards Commission.

The City’s adoption of County amendments is authorized in Sections 50020 -50022.9 of the California Government Code without adopting separate filing of findings and therefore their findings are attached to this staff report (Attachment 3) and are not required to be forwarded to the California Building Standards Commission. Staff took the County’s Ordinance and integrated it into the City’s Municipal Code format , except for the County’s all -electric building amendment, which is different from the City’s all-electric ordinance.

All-Electric Ordinance
On May 24, 2022, the City of Hercules adopted Ordinance No. 539 “All -Electric Ordinance” (Attachment 4) amending Chapter 5 of Title 9 of the Hercules Municipal Code to require all newly constructed and re built residential, detached accessory dwelling unit, hotel, and office type buildings be all -electric buildings , with exemptions . An all -electric building is defined as a building that has no natural gas or propane plumbing within the building and uses electricity as the sole source of energy for its space heating, water heating, cooking appliances and clothes drying 224
appliances. This amendment would impose a stricter standard than that included in the statewide code, as the statewide code has no requirement for all-electric buildings, and it is consistent with the current All-Electric Ordinance previously adopted by Council.

County Ordinance
During review of the City’s draft ordinance, and after the agenda materials were posted, County staff identified three items that had been modified by the Board during the Contra Costa Board of Supervisors hearing to adopt the 2022 CBSC. Those changes have been incorporated in this report and draft ordinance in order to keep the City’s requirements for EV Chargers consis tent with the County’s. This consistency greatly facilitates effective administration of the Building code by City and County staff.

These three changes are as follows:

 Section 4.106.4.2.1 on page 36 changed to 10% EV Charger requirement for <20 dwelling/sleeping units
 Section 4.106.4.2.2 on page 38 added (buildings with 20 or more units)  The non-residential table 5.106.5.3.1 on page 41 changed to 10% EVCS

The following are the substantive changes to the 20 22 California Building Standards Code as adopted by Contra Costa County:

Modifications to the 2022 California Building Code
 Require the installation of a hard-wired smoke detector in existing flat roof buildings when a pitched roof is added on top of the existing flat roof and the solid sheathing of the flat roof is not removed. This amendment is the same as the local amendment made to the previous statewide code.
 Require more reinforcing in some building foundations to better withstand seismic forces found in this region of California. This amendment is the same as the local amendment made to the previous statewide code.

Modifications to the 2022 California Residential Code
 Prohibit the use of gypsum wallboard as seismic bracing.  Restrict the use of Portland Cement Plaster as seismic bracing to single-story single- and two-family dwellings and accessory structures.

Modifications to the 2022 California Green Building Standards Code  The electric vehicle charging station (EVCS) requirements in the statewide code for new multi-family buildings now meet or exceed the local amendments made to the previous statewide code, with the substantive exceptions noted below. o The statewide code does not require fully-functional EVCS for new multi- family dwellings, hotels, and motels when fewer than 20 dwelling units, sleeping units, or guest rooms exist. The statewide code requires that 10 percent and 25 percent of the total number of parking spaces be “EV Capable” or “EV Ready” respectively. These spaces are equipped with the electrical conduit and other associated electrical infrastructure to support the future installation of electric vehicle charging devices. The ordinance 225
would require that in addition to the statewide requirements as noted above, an additional 10 percent of the total number of parking spaces be equipped with fully-functional electric vehicle charging equipment. This would match the statewide code requirements for multi-family dwellings with 20 or more units and aligns with the prior Board decision not to exempt smaller multi-family dwellings from the requirement to have fully- functional charging stations. This amendment would impose a stricter standard than that included in the statewide code, and the number of fully operational electric vehicle charging stations is consistent with the current policy previously adopted by the Board.
o The statewide code does not require fully-functional EVCS for new multi- family dwellings, hotels, and motels when 20 or more dwelling units; and hotels and motels with 20 or more sleeping units or guest rooms exist. The statewide code requires that 10 percent and 25 percent of the total number of parking spaces be “EV Capable” or “EV Ready” respectively. These spaces are equipped with the electrical conduit and other associated electrical infrastructure to support the future installation of electric vehicle charging devices. The ordinance would require that in addition to the statewide requirements as noted above, an additional 10 percent of the total number of parking spaces be equipped with fully-functional electric vehicle charging equipment. This would match the statewide code requirements for multi- family dwellings with 20 or more units and aligns with the prior Board decision not to exempt smaller multi-family dwellings from the requirement to have fully-functional charging stations. This amendment would impose a stricter standard than that included in the statewide code, and the number of fully operational electric vehicle charging stations is consistent with the current policy previously adopted by the Board.

 The electric vehicle charging station (EVCS) requirements in the statewide code for new non-residential buildings now meet or exceed the local amendments made to the previous statewide code, with the substantive exceptions noted below. o The statewide code requires that building sites include spaces for both future “EV Capable” spaces that are equipped with the electrical conduit and other associated electrical infrastructure to support the future installation of electric vehicle charging devices and fully-functional EVCS, but the number of fully-functional EVCS spaces required by the statewide code is generally limited to 4-5 percent of the total number of parking spaces. The ordinance would amend the number of fully-functional EVCS spaces required to a minimum of 10 percent of the total number of parking spaces, which maintains requirements previously adopted by the Board.

This amendment would impose a stricter standard than that included in the statewide code, and the number of fully operational electric vehicle charging stations is consistent with the current policy previously adopted by the Board.
o The statewide code does not require fully-functional EVCS where the total number of parking spaces provided is fewer than 26. The ordinance would 226
require a proportional number of fully-functional EVCS spaces where the number of parking spaces is 10 or more, which is the threshold previously adopted by the Board. This amendment would impose a stricter standard than that included in the statewide code, and the number of fully operational electric vehicle charging stations is consistent with the current policy previously adopted by the Board.
 More restrictive construction waste reduction, disposal, and recycling standards consistent with those presently enforced in the County, including: Apply construction waste management requirements in the statewide code to certain projects for existing residential buildings, including the following: Projects that increase the total combined conditioned and unconditioned building area by 5,000 square feet or more. Projects that impact 5,000 square feet or more of the total combined conditioned and unconditioned building area. Demolition projects when a demolition permit is required, except demolition projects that are necessary to abate a public nuisance. Delete the exception from construction waste management requirements for projects solely based on their isolated location from diversion facilities. Require measuring and documentation of all generated debris to ensure that at least 65% is diverted from landfills. These amendments are the same local amendments made to the previous statewide code.

Modifications to the 2022 California Existing Building Code The amendments to the 2022 California Existing Building Code are not substantive in nature and are limited to administrative provisions for the use and enforcement of this Code and to be consistent with the administrative provisions of the other statewide codes as amended.

Since Contra Costa County has been providing building inspection and plan check services for the City for many years and is anticipated to continue doing so in the future, staff agrees with and recommends adoption of the proposed amendments to the codes, which will help ensure uniform plan check and inspections whether in Hercules or another part of the County. However, as previously noted, one exception to the County amendments will be made for the City’s recently adopted All-Electric Ordinance (Attachment 4) replacing the County’s all electric amendment.

Fire Code Amendments
The Hercules-Rodeo Fire Protection District (District) Board of Directors recently approved its 2022-01 Fire Code ordinance with amendments and findings in support based on facts of local climatic, geological, or topographical conditions ( see Attachment 5 for amendments and Attachment 6 supporting findings ). RHFD requests that the City ratify the Fire Code and amendments thereto prior to submitting to the California Building Standards Commission.

The City’s adoption of the Fire District’s amendments is authorized in Sections 50020-50022.9 of the California Government Code without adopting separate filing of findings , and therefore the District’s findings are attached to this staff report (Attachment 6) herein and are not required to be forwarded to the California Building Standards Commission.

Staff has reviewed the amendments proposed by the Fire District and integrated their Ordinance into the City’s Municipal Code format and is recommending incorporation of the amendments into 227
the Hercules Municipal Code as approved by the Rodeo -Hercules Fire Protection District Board of Directors.

ATTACHMENTS

1. Draft Ordinance

2. Contra Costa County Ordinance No. 2022-35 – Building Code Adoption for integration

3. Contra Costa County Ordinance No. 2022-35 Supporting Findings for Building Code Modifications

4. City of Hercules All-Electric Ordinance No. 539

5. Rodeo–Hercules Fire Protection District Ordinance #2022-01 - Fire Code for integration

6. Staff Report - Rodeo–Hercules Fire Protection District Ordinance #2022-01 – Supporting Findings for Fire Code Modifications

228
ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES AMENDING PROVISIONS OF THE HERCULES MUNICIPAL CODE TITLE 9, CHAPTERS 1 –18, ADOPTING BY REFERENCE THE NEW 2022 EDITION OF THE CALIFORNIA CODE OF REGULATIONS TITLE 24 OF THE CALIF ORNIA BUILDING STANDARDS CODE WITH

AMENDMENTS DEVELOPED BY THE CITY OF HERCULES, CONTRA COSTA COUNTY AND THE RODEO–HERCULES FIRE PROTECTION DISTRICT.

WHEREAS, every three years the State of California adopts new construction codes; and

WHEREAS, the Cit y of Her cules desires to adopt the new construction codes with amendments developed and adopted by the City of Hercules through its Ordinance No. 539, Contra Costa County through its Ordinance No. 20 22-35 and by the Rodeo –Hercules Fire Protection District through its Ordinance No. 2022-01; and

WHEREAS, the findings in support of County and Fire District changes, additions, and deletions to Statewide Building Standards Code are attached to the January 10, 2023 City Council staff report and were reviewed an d adopted by the Contra C osta County Board of Supervisors and by the Rodeo–Hercules Fire Protection District Board of Directors; and

WHEREAS, adoption of County and Fire District amendments is authorized in Sections 50020- 50022.9 of the California Govern ment Code without adopting separate filing of findings and therefore findings are not attached herein nor are they required to be forwarded to the California Building Standards Commission; and

WHEREAS, on May 24, 2022, the City of Hercules adopted Ordinan ce No. 539 “All -Electric Ordinance” amending Chapter 5 of Title 9 of the Hercules Municipal Code to require all newly constructed and rebuilt residential, detached accessory dwelling unit, hotel, and office type buildings be all-electric buildings, with exemptions;

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. RECITALS. The City Council hereby incorporates the above re citals into this Ordinance by this reference.

SECTION 2. AMENDMENTS TO ADMINISTRATIVE CODE. Hercules Municipal Code, Title 9, Chapter 1, is hereby repealed and replaced in its entirety to read as follows:

Chapter 1. Building Regulations Administrative Code

Sec. 9-1.01 Administration.

These regulations shall be known as the “California Administrative Code,” and may be so cited, and will be referred to herein as “this Chapter.” This Code is one of the technical codes of Building Regulations and is admin istered under Title 9, Ch apter 1 of the Hercules Municipal Code.

229
Sec. 9-1.02 Adoption by Reference.

The California Administrative Code, 2022 Edition, published by the International Code Council, as modifi ed by the State of California and published in th e “California Code of Regulations, Title 24, Part 1,” is adopted by reference and made a part of this Chapter as though fully set forth herein.

Sec. 9-1.03 Copies on File.

One (1) copy of the 2022 Edition of the California Administrative Code, as adopted by Section 9-1.02, and a ll amendments thereto, is on file in the office of the Chief Bu ilding Official for inspection by the public.

Sec. 9 -1.04 Amendments, Additions, and Deletions. The following portion of the Ordinance Code of Contra Costa County, Califo rnia, is adopted by re ference under the authority of Sections 50020 through 50022.9 of the California Government Code: Amending the 2022 California Administrative Code by the changes, additions, and deletions set forth in Contra Costa County Ordinance No. 2022-35, Section III, Section 74-4.002 Section numbers used below are those of the 2022 California Building Code.

Expiration of permit.

(a) A permit issued by the county building official becomes void if either of the following occur:

(1) The work authorized by the permit is not commenced within 12 months after the permit issuance date. Evidence that work has commenced consists of at least one approved inspection.

(2) The work authorized by the permit is suspended or abandoned for a period of 12 consecutive months after the work is commenced. Work is deemed suspended or abandoned for a period of 12 consecutive months if no approved inspection occurs during that time.

(b) A permittee holding an unexpired permit may apply to the county building official for a permit extension. Upon written request by the permittee demonstrating justifiable cause for the delay, the county building official may extend the time of the permit for a period not exceeding 180 days. A permit may not be extended more than once.

(c) Once a permit becomes void, a new permit must be obtained before any work is commenced or recommenced, and a new permit fee must be paid.

SECTION 3. AMENDMENTS TO BUILDING CODE. Hercules Municipal Code, Title 9, Chapter 2, Sections 9-2.02, 9-2.03, and 9-2.04 are hereby repealed and replaced in their entirety to read as follows.

Sec. 9-2.02 Adoption by Reference.

The California Building Code, 2022 Edition, (California Code of Regulations, Title 24, Part 2, Volumes 1 and 2), as published by the International Code Council (ICC) an d adopted and amended by the California Building Standards Commission in the California Building Standards Code, Title 24 of the California Code of Regulations, is adopted by reference and made a part of this Chapter as though fully set forth herein, subje ct to the changes, additions, and deletions set forth in this Chapter.
230

Sec. 9-2.03 Copies on File.

One (1) copy of the 20 22 Edition of the California Building Code, as adopted by Section 9-

2.02, and all amendments thereto, is on file in the office of th e Chief Building Official fo r inspection by the public.

Sec. 9 -2.04 Amendments, Additions, and Deletions. The following portion of the Ordinance Code of Contra Costa County, California, is adopted by reference under the authority of Sections 50020 through 50022.9 of the California Government Code:

Amending the 2022 California Building Code (CBC) by the changes, additions, and deletions set forth in Contra Costa County Ordinance No. 20 22-35, Chap ter 7 4-4, “MODIFICATIONS” Section 74 -4.002 Amendments to CBC as s tated below . Section numbers used below are those of the 2022 California Building Code.

(a) CBC Chapter 1 (Scope and Administration) is amended by the provisions of Division 72 of this code and as follows:

(1) Sections 103 and 113 of CBC Chapter 1 are deleted.

(2) Section 105.2 (Work exempt from permit) of CBC Chapter 1, subsection 4 is amended to read:

4. Retaining walls that are not more than 3 feet in height measured from the top of the footing to the top of the wall and that have a downward ground slope at the bottom of the retaining wall n ot exceeding 1(vertical):10(horizontal), u nless supporting a surcharge or ground slope exceeding 1(vertical):2(horizontal) or impounding Class I, II, or III -a liquids.

(3) Section 107.2.1 (Information on construction documents) of CBC Chapter 1 is amended to read:

107.2.1 Information on Construction Documents. Construction documents shall include dimensions and shall be drawn to scale on suitable material.

Electronic media documents may be submitted when approved in advance by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and to show in detail that it will conform to this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall include contact information for the owner and the person or persons who prepared the plans.

Plans shall include a plot plan showing all existing property lines labeled and fully dimensioned, the elevations of the top and toe of cuts and fills, and the location of the proposed building with distances to all property lines and to every existing building on the property. Instead of detailed specifications, the county building official may approve references on the plans to a specific section or part of this code or other ordinances or laws.

(4) Section 110.1 (Inspections - General) of CBC Chapter 1 is amended by adding the following to the end of that section:

231
At the time of first inspection by the county buil ding official, a California licensed Land Surv eyor or Civil Engineer shall certify in writing that the structure is placed according to the approved set of plans. The written certification must in clude the site address and permit number. This requirement does not apply to alterations or repairs to exi sting structures that do not affect the exterior limits of the existing structures.

(b) Section 420.13 [HCD] (Electric vehicle (EV) charging for new construction) of CBC Chapter 4 (Special Detailed Requirements Based on Occupancy and Use) is amended to read:

420.14 Electric vehicle (EV) chargi ng for new construction. Newly constructed Group R -1, R -2, and R -3 buildings shall be provided with infrastructure to facilitate future installation and use of electric vehic le (EV) chargers, and, where required, newly constructed Group R-2 buildings shall be provided with electric vehicle charging spaces equipped with fully-operational EV chargers, in accordance with the California Green Building Standards Code (CALGreen), Chapter 4, Division 4.1.

(c) Section 907.2.11.2.5.1 is added to Section 907.2.11.2.5 (Existing Group R occupancies) of CBC Chapter 9 (Fire Protection Systems), to read:

907.2.11.2.5.1 Existing flat roof buildings. In existing flat roof buildings, the installation of a smoke detector that complies with California Residential Code Section R314.6 shall be required when a pitched roof is added on top of the existing flat roof and the solid sheathing of the flat roof is not removed.

(d) Section 1405.2 is added to Section 1405 (Combustible materials on the exterior side of exterior walls) of CBC Chapter 14 (Exterior Walls), to read:

1405.2 Wood shakes or shingles. Wood shakes or shingles used for exterior wall covering shall be fire treated unless there is a minimum of 10 fee t from the exterior wall (including shakes or shingles) to the property lin e or the exterior wall faces a street.

(e) In Section 1705.3 (Concrete construction) of CBC Chapter 17 (Special Inspection s and Tests), Exception 1 is amended to read:

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 of no greater than 2,500 pound per square inch (psi) (17.2 Mpa).

(f) Section 1809.8 (Plain concrete fo otings) of CBC Chapter 18 (So ils and Foundations) is deleted.

(g) Section 1810.3.9.3 (Placement of reinforcement) of CBC Chapter 18 (Soils and Foundations) is amended by deleting Exception 3.

(h) Section 1905.1.7 (ACI 318, Section 14.1.4) of CBC Chapter 19 (Concrete) is amended to read:
232

1905.1.7 ACI 318, Section 14.1.4. Delete ACI 318, Section 14.1.4, and replace with the following:

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) Reserved.

(b) Isolated footings of plain concrete supporting pedestals or columns are permitted, provided the projection of the footing beyond the face of the supported member does not exceed the footing thickness.

(c) Plain concrete footings 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 to tal area of not less than 0.0 02 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.

(i) Section 1906 (Footings for light-frame construction) of CBC Chapter 19 (Concrete) is deleted.

(j) Section 1907.l (Minimum Slab Provisions - General) of CBC Chapter 19 ( Concrete) is amended by adding the following sentence to that section:

Slabs shall have a minimum reinforcement of 6 -inch by 6 -inch by 1 0-gauge wire mesh or equal at mid-height.

(k) Appendix C and Appendix I of the CBC are incorporated into the C ity building code.

Appendix A, Appendix B, Appendi x D, Appendix E, Appendix F, Appendix G, Appendix H, Appendix J, Appendix K, Appendix L, and Append ix M of the CBC are excluded from the City building code.

SECTION 4. AMENDMENTS TO PLUMBING CODE. Hercules Municipal Code, Title 9, Chapter 3, Sections 9-3.02 and 9-3.03 are hereby repealed and replaced in their entirety to read as set forth below:

Sec. 9-3.02 Adoption by Reference.

The California Plumbing Code, 2022 Edition, (California Code of Regulations, Title 24, Part 5) including the standards based on the 2021 Uniform Plumbing Code of the International Association of P lumbing and Mechanical Off icials, as modified by the State of California and as published in the “California Code of Regulations,” is adopted by reference and made part of this Chapter as though fully set forth herein, subject to the additions and deletion s as set forth in this Chapter.

233
Sec. 9-3.03 Copies on File.

One (1) copy of the 2022 California Plumbing Code as adopted by Section 9-3.02 is on file in the office of the Chief Building Official for inspection by the public.

SECTION 5. AMENDMENTS TO MECHANICAL CODE. Hercules Municipal Code, Title 9, Chapter 4, Sections 9-4.02 and 9-4.03 are hereby repealed and replaced in their entirety to read as set forth below:

Sec. 9-4.02 Adoption by Reference.

The Cali fornia Mechanical Code, 20 22 Edition, (California Code of Regulations, Title 24, Part 4) including the appendices, based on the 2021 Uniform Mechanical Code of the International Association of Plumbing and Mechanical Officia ls, as modified by the State of California and as published in the “Calif ornia Code of Regulations,” is adopted by refe rence and made part of this Chapter as though fully set forth herein, subject to the additions and deletions as set forth in this Chapter.

Sec. 9-4.03 Copies on File.

One (1) copy of the 2022 California Mechanical Code as adopted by Section 9-4.02 is on file in the office of the Chief Building Official for inspection by the public.

SECTION 6. AMENDMENTS TO ELECTRICAL CODE. Hercules Municipal Code, Title 9, Chapter 5 Sections 9-5.02, 9-5.03 and 9-5.04 are hereby repealed and replaced in their entirety to read as set forth below:

Sec. 9-5.02 Adoption by Reference.

The California Electrical Code, 2022 Edition, (California Code of Regulations, Title 24 Part 3) based on the 2017 Edition of the National Electrical Code, as published by the National Fire Protection Association , as modified by the State of California and published in the “California Code of Regulations,” is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions set forth in this Chapter.

Sec. 9-5.03 Copies on File.

One (1) copy of the 2022 California Electrical Code as adopted by Section 9-5.02 is on file in the office of the Chief Building Official for inspection by the public.

Sec. 9-5.04 Amendments, Additions and Deletions.
(a) Addition to Chapter 1, Section 101, Scope, to read as an additional paragraph as follows:

(1) The Administrative part of this chapter is in addition to the City of Hercules Building Regulations Administrative Code, Title 9, Chapter 1 of the Hercules M unicipal Code. Where conflicts occur between this chapter and Title 9, Chapter 1 of the Hercules Municipal Code, the provisions of Title 9, Chapter 1 of the Hercules Municipal Code shall govern.

234
(b) The 20 22 California Energy Code (“CEnC”) is amended by t he changes, additions, and deletions set fort h in this Chapter. Section numbers used below are those of the 2022 California Energy Code.

(1) Section 100.0(e)(2)(A) of CEnC Subchapte r 1 ( All Occupancies – General Provisions) is amended to read:

A. All newly constructed buildings.

(i) Sections 110.0 through 110.12 apply to all newly constructed buildings and rebuilt buildings within the scope of Section 100.0(a), where rebuilt involv es de molition and reconstruction of a building or structure involving the repair or replacement of fifty (50) percent o r more of the exterior walls or involving work that exceeds one - half (1/2) of the appraised value of the structure. In addition, newly co nstructed buildings shall meet the requirements of Subsection B, C, D, or E, as applicable.

(ii) A newly constructed b uilding that is any of the following building types shall be an all-electric building:

a. Residential

b. Detached Accessory Dwelling Units

c. Hotel

d. Office

Exceptions to Section 100.0(e)(2)(A)(ii):
• Laboratory- and research-specific functions within laboratories and medical buildings (general heating and appliance purposes within laboratories and medical facilities are not exempt).
• Emergency facilities and emergency generators;
• Development projects that have obtained vested ri ghts before the effective date of this subsection pursuant to a development agreement in accordance with Government Code section 65866, a vesting tentative map in accordance with Government Code section 66998.1, or other applicable law.

(2) Section 100.1( b) (Definitions) of CEnC Subchapter 1 (All Occupancies – General Provisions) is amended by adding the following definition:

235
ALL-ELECTRIC BUILDING means a building that has no natural gas or propane plumbing installed within the building, and that uses ele ctricity as the sole source of energy for its space heating (including heating of all indoor and outdoor spaces of the building), water heating (including heating of indoor and outdoor pools and spas), cooking appliances, and clothes dryi ng appliances. An all-electric building may utilize natural gas for emergency generators.

SECTION 7. HOUSING CODE. No changes proposed in Hercule s Mun icipal Code, T itle 9, Chapter 6.

SECTION 8. BUILDING SECURITY CODE. No changes proposed in Hercules Municipal Code, Title 9, Chapter 7.

SECTION 9. ABATEMENT OF DANGEROUS BUILDINGS. No changes proposed in Hercules Municipal Code, Title 9, Chapter 8.

SECTION 10. BOARD OF APPEALS. No changes proposed in Hercules Municipal Code, Title 9, Chapter 9.

SECTION 11. PENALTIES. No changes proposed in Hercules Municipal Code, Title 9, Chapter

10. SECTION 12. AMENDMENTS TO ENERGY CODE. Hercules Muni cipal Code, Title 9, Chapter 11, Sections 9-11.02 and 9-11.03 are hereby repealed and replaced in their entirety to read as set forth below:

Sec. 9-11.02 Adoption by Reference.

The California Energy Code, 2022 Edition, (California Code of Regulations, Title 24, Part 6), including appendices, as published by the Internat ional Code Council as modified by the State of California is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions set forth in this Chapter.

Sec. 9-11.03 Copies on File.

One (1) copy of the 20 22 California Energy Code, including app endices, as adopted by Section 9-11.02, is on file in t he office of the Chief Building Officia l for inspection by the public.

SECTION 13. AMENDMENTS T O HISTORICAL BUILDING CODE. Hercules Mun icipal Code, Title 9, Chapter 12, Sections 9-12.01, 9-12.02 and 9-12.03 are hereby repealed and replaced in their entirety to read as set forth below:

Sec. 9-12.01 Administration.

These regulations shall be known as the “Historical Code” and may be so cited, and will be referred to herein as “this Chapter.” This Code is one (1) of the technical c odes of buildi ng regulations and is administered under Title 9, Chapter 1 of the Hercules Municipal Code. 236

Sec. 9-12.02 Adoption by Reference.

The California Historical Building Code , 2022 Edition, (California Code of Regulations, Title 24, Part 8) including appendice s, as publi shed by the International Code Council as modified by the State of California is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions set forth in this Chapter.

Sec. 9-12.03 Copies on File.

One (1) c opy of the 20 22 California Historical Building Code, including appendices, as adopted by Section 9-12.02 is o n file in the office of t he Chief Building Official for inspection by the public.

SECTION 14. AMENDMENTS TO EXISTING BUI LDING CODE. Hercules Municipal Code, Title 9, Chapter 13 is hereby repealed and replaced in its entirety to read as set forth below.

Sec. 9-13.01 Administration.

These regulations shall be known as the “Existing Building Code” and may be so cited, and will be referred to herein as “this Chapter.” This Code is one (1) of the technical codes of building regulations and is administered u nder Title 9, C hapter 1 of the Hercules Municipal Code

Sec. 9-13.02 Adoption by Reference.

The California Existing Bui lding Code (“CEBC”), 20 22 Edition, (California Code of Regulations, Title 24, Part 10 ) including appendices, as published by the Intern ational Code Council as modified by the State of California and is adopted by reference and made a part of this Chapter a s though fully set forth herein, subject to the changes, additions and deletions set forth in this Chapter.

Sec. 9-13.03 Copies on File.

One (1) co py of the 2022 California Existi ng Building Code, including appendices, as adopted by Section 9-13.02 is on file in the office of the Chi ef Building Off icial for inspection by the public.

Sec. 9 -13.04 Amendments, Additions, and Deletions. The following por tion of the Ordinance Code of Contra Costa County, California, is adopt ed by reference under the authority of Sections 50020 through 50022.9 of the California Government Code:

Adopting the amendments to the California Existing Building Code ("CEBC") by t he changes, additions, and deletions set forth below as set forth in th e Contra Costa County Ordinance No. 20 22-35, Chapter 74 -4, “Amen dments to C EBC” Section 7 4-4.008 with Section numbers used below being those of the 2022 California Existing Building Code.

(a) CEBC Chapter 1 (Scope and Administration) is amended by the provisions of Division 72 of this code and as follows:

(1) Sections 103 and 112 of CEBC Chapter 1 are deleted.

(2) Section 106.1 (Construction Documents - General) of CEBC Chapter 1 is amended by deleting the exception.

(3) Section 106.2.1 (Construction documents) of CEBC Chapter 1 is amended to read:
237

106.2.1 Construction documents. Construction documents shall include dimensions and shall be drawn to scale on suitable material. Electronic media documents may be submitted when approved in advance by the building official. Construction documents shall be of sufficient clarity to indicate the location, nature, and extent of the work proposed and to show in detail that it will conform to this code and all relevant laws, ordinances, rules, and regulations. The first sheet of each set of plans shall include contact information for the owner and the person or persons who prepared the plans.

Plans shall include a plot plan showing all existing property lines labeled and fully dimensioned, the elevations of the top and toe of cuts and fills, and the location of the proposed building with distances to all property lines and to every existing building on the property. Instead of detailed specifications, the county building official may approve references on the plans to a specific section or part of this code or other ordinances or laws.

SECTION 15. AMENDMENTS TO REFERENCED STANDARDS CODE. Hercules Municipal Code, Title 9, Chapter 14, Sections 9-14.01, 9-14.02 and 9-14.03 are hereby repealed and replaced in their entirety to read as set forth below.

Sec. 9-14.01 Administration.

These regulations shall be known as the “Referenced Standards Code,” and may be so cited, and will be referred to herein as “this Chapter.” This Code is one (1) of the technical codes of building regulations and is administered under Title 9, Chapter 1 of the Herc ules Municipal Code.

Sec. 9-14.02 Adoption by Reference.

The California Referenced Standards Code, 2022 Edition (California Code of Regulations, Title 24, Part 12) including appendices, as published by the International Code Council, as modified by the State of California is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to t he additions and deletion s as set forth in this Chapter.

Sec. 9-14.03 Copies on File.

One (1) copy of the 2022 Edition of the California Referenced Standards Code, as adopted by Section 9-14.02, is on file in the office of the Chief Building Official for inspection by the public.

SECTION 161. AMENDMENTS TO FIRE CODE. Title 9, Chapter 15 of the City of Hercules Municipal Code is appealed and replaced in its entirety to read:

Sec. 9-15.01 Administration.

These regulations shall be known as the “2022 California Fire Cod e” and may be so cited, and will be referred to herein as “this Chapter.” This Code is one (1) of the technical codes of building regulations and is administered under Title 9, Chap ter 1 of the Hercules Municipal Code.

Sec. 9-15.02 Adoption by Reference.
238
The 2022 California Fire Code, ((California Code of Regulations, Title 24, Part, 9 [based on the 2021 International Fire Code published by the Intern ational Code Council] ), including appendices, as published by the International Code Council, as modified by the State of California and is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions as set forth in this Chapter.

Sec. 9-15.03 Copies on File.

One (1) copy of the 2022 California Fire Code , as adopted by Sec tion 9-15.02, is on file in the office of the Chief Building Official for inspection by the public.

Sec. 9-15.04 Amendments, Additions, and Deletions.

The following portion of the Ordinance Code of Rodeo -Hercules Fire District, California, is adopted by reference under the authority of Sections 50020 through 50022.9 of the California Government Code:

Amending the 2022 California Fire Code by the changes, additions, and deletions set forth below as set forth as set in the Rodeo-Hercules Fire District Ordinance No. 2022-01. Chapter and Section numbers used below are those of the 2022 California Fire Code.

Chapter 1. Scope and Administration.

Section 101.1 is amended to read:

101.1 Title. These regulations shall be known as the Fire Code of the Rodeo-Hercules Fire Protection District, hereinafter referred to as "this code."

Section 102.1 is amended to add item 5, to read:

5. Where not otherwise limited by law, the provisions of this code shall apply to vehicles, ships, and boats that are permanently affixed to a specific location within the boundaries of this jurisdiction.

Section 105.5 is amended to read:

105.5 Required operational permits. The fire code official is authorized to issue operational permits for the operations set forth in Chapter 1, Sections 105.5.1 through 105.5.63.

Section 105.5.33 is amended to read:

105.5.33 Motor Fuel Dispensing Facilities. An operational permit is required for the operation of automotive, marine, and fleet motor fuel dispensing facilities, including for sites that allow mobile fueling from a service provider to the general public , fueling of motor vehicles at approved locations from a tank vehicle and limited or temporary fueling operations for special events (fueling of watercraft from shore, piers, floats, or barges).

Section 105.5.40 is amended to read:

Section 105.5.40 Cannabis/Plant Extraction Related System(s)/Operations. An operational permit is required for any of the following cannabis/plant extraction related systems operations.
239

1. Cultivation

2. Plant Extraction Systems

3. Testing/Lab

4. Manufacturing

5. Distribution

6. Carbon Dioxide Systems or volatile solvent Section

105.5.52 is amended to read:

105.5.52 Wood products. An operational permit is required to store chips, hogged material, wood or other combustible pallets, lumber or plywood in excess of 200 cubic feet (6 m3).

Section 105.5 is amended by adding Subsections 105.5.55 through 105.5.63 to read:

105.5.55 Asbestos removal. A permit is required to conduct asbestos-removal operations regulated by Section 3319

105.5.56 Automobile Wrecking or Dismantling Yard. An operation permit is, required for all automobile wrecking yards, automobile dismantling operations, and similar operations.

105.5.57 Christmas tree sales. A permit is required to use a property for the purpose of selling cut Christmas trees

105.5.58 Firework aerial display. A permit is required to conduct a firework display regulated by California Code of Regulations, Title 19 and Chapter 56 of this code

105.5.59 Model rockets. A permit is required to sell model rocket motors or launch model rockets pursuant to California Code of Regulations, Title 19, Division 1, Article 17. Permits issued in accordance with this section are for the site and are effective as long as site conditions have not changed.

105.5.60 Temporary Occupancy. A permit is required for any temporary occupancy.

105.5.61 Temporary water supply. A permit is required to use a temporary water supply for construction of residential projects or subdivisions pursuant to Section 3313.1.

105.5.62 Tire storage. A permit is required to store more than 1,000 cubic feet (28.3m3) of tires inside buildings pursuant to Chapter 34.

105.5.63 Indoor Growing Operation. A permit is required to operate an indoor growing operation.

Exception: Agricultural Greenhouses in an agricultural zone.

Section 105.6 is amended to read:

105.6 Required construction permits. The fire code official is authorized to issue construction permits for the operations set forth in Chapter 1, Sections 105.6.1 through 105.6.29.

Section 105.6 is amended by adding Sections 105.6.25 through 105.6.29 to read:

240
105.6.25 Access for fire apparatus. Plans shall be submitted and a permit is required to install, improve, modify, or remove public or private roadways, driveways, and bridges for which Fire District access is required by the Fire Code.

105.6.26 Construction, Substantial Alteration, Additions of a building for which a building permit is required. Plans shall be submitted to the fire code official for all land developments or for the construction, substantial alteration, additions or renovation of a building within the jurisdiction where a building permit is required.

Exception: Non-sprinklered Group R-3 Occupancies where work does not involve a substantial addition or substantial alteration.

105.6.27 Land Development, Subdivisions. Plans shall be submitted to the fire code official for all land developments or improvements proposed within the jurisdiction that involve the subdivision of land.

105.6.28 Water supply for fire protection. Plans shall be submitted to the fire code official for the purpose of determining whether adequate water supplies, fire hydrants, and associated systems are provided for all facilities, buildings, or portions of buildings either constructed or moved into the District pursuant to Section 507.

105.6.29 Land Development, Subdivisions. Plans shall be submitted to the fire code official for all land developments or improvements proposed within the jurisdiction that involve the subdivision of land.

Section 105.7 is added, to read:

105.7 Responsibility of permitee. Construction permits shall be presumed by the Fire District to incorporate all the work that the applicant or the applicant's agent, employees, or contractors shall carry out. Work performed shall be in accordance with the approved plans and with all requirements of this code and any other laws or regulations applicable thereto.

No Fire District approval shall relieve or exonerate any person from the responsibility of complying with the provisions of this code nor shall any vested rights be created for any work performed in violation of this code.

Section 112.4 is amended to read:

112.4 Violation penalties. Every person who violates any provision of this fire code is guilty of an infraction or misdemeanor in accordance with Health and Safety Code Section 13871 and Government Code Section 53069.4. The imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each ten (10) days that prohibited conditions are maintained shall constitute a separate offense. The application of the aforesaid penalty shall not be held to prevent the enforced removal of prohibited conditions.

Chapter 2. Definitions.

Section 202 is amended by adding the following definitions to that section:

Administrator. Shall mean the Fire Chief.
241

Aerial Pre-Plans. An overhead layout of a parcel that contains structure(s) that identifies specific first responder related items to assist in effectively managing incidents and events for the protection of occupants, responding personnel, property, and the environment. The preplan shall be developed in accordance with a format approved by the AHJ. Preplan symbols shall
comply with AHJ or the latest edition of NFPA 170 (Standard for Fire Safety and Emergency Symbols), and NFPA 1620 (Standard for Pre-Incident Planning).

All-Weather Driving Surface. A roadway with a minimum surface finish that is designed to carry the imposed weight loads of fire apparatus.

Automobile Dismantling or Wrecking Yard. The operation of dismantling or removing parts from salvaged vehicles including engines or engine parts.

Automobile Wrecking Yard. An area that stores or dismantles salvaged vehicles.

Board of Directors. The Rodeo-Hercules Fire Protection District.

Board of Fire Commissioners. An advisory commission appointed by the Board of Directors to act as set forth in this ordinance and by resolutions of the Board of Directors.

Combustible Material. Rubbish, litter or material of any kind other than hazardous vegetation that is combustible and endangers the public safety by creating a fire hazard as determined by the fire code official.

Defensible Space. The area adjacent to a structure or dwelling as determined by the fire code official where wildfire prevention or protection practices are implemented to provide the key point of defense from an approaching wildfire or to minimize the spread of a structure fire to wildlands or surrounding areas.

Driveway. A private roadway that provides access to no more than two (2) single-family dwellings.

Fire Apparatus Access Road. A road that provides fire apparatus access from a fire station to a facility, building or portion thereof. This is a general term that includes, but is not limited to a fire lane, public street, private street, driveway, parking lot lane, and access roadway.

Fire Code Official. The Fire Chief or a duly authorized representative, or other person as may be designated by law, appointment or delegation and charged with the administration and enforcement of this code.

Firebreak. A continuous strip of land upon and from which all combustible material hazardous vegetation or other growth has been removed to bare mineral soil to stop or prevent the extension of fire from one area to another.

Fire Trail. A graded firebreak of sufficient width, surface, and design to provide access for personnel and equipment to suppress and to assist in preventing a surface extension of fires.

Must be able to support the safe travel of a Type 3 Fire Apparatus.

242
Fuel Break. A strategically located block or strip, on which a cover of dense, heavy, or combustible vegetation has been changed to one of lower fuel volume or reduced combustibility, as an aid to fire control. Fuel breaks require annual and recurring maintenance.

Hazardous Vegetation. Vegetation that is combustible and endangers the public safety by creating a fire hazard including but not limited to seasonal and recurrent grasses, weeds, stubble, brush, dry leaves, dry needles, dead, dying or diseased trees and any other vegetation as determined by the fire code official.

Key Box or Knox Box. (Underwriters Laboratory) UL "Listed" box size and style, approved by the Fire Code Official or designee, that meets the requirements and uses the same security key code adopted by the Fire District.

Ladder Fuel. Fuel that provides vertical continuity between surface fuel and canopy fuel strata, increasing the likelihood that fire will carry from surface fuel into the crowns of shrubs and trees.

Nuisance Fire Alarm. The activation of any fire protection or alarm system which results in the response of the Fire District and is caused by malfunction, improper maintenance, negligence, or misuse of the system by an owner, occupant, employee, or agent, or any other activation not caused by excessive heat, smoke, fire, or similar activating event.

Ornamental Landscaping. Decorative plants growing within a tended garden or yard which are appropriately irrigated, maintained, and located to provide aesthetic decoration and functional utility, such as privacy screening, shade, weed suppression and erosion control.

The use of fire- resistant plants and the removal of fire hazardous vegetation will enhance fire safety.

Person. Includes any agency of the county, city, district or other local public agency and any individual, firm, association, partnership, business trust, corporations, limited liability company, or company.

Public Nuisance. A declaration by the fire code official that the presence of combustible materials on any parcel creates a fire hazard or threat to public safety (Health and Safety Code 14875 and 14876) or any violation of this code.

Priority Hazard Zone. An area where the threat from wildfire is severe due to proximity to open space, topography, degree of space, density of homes and/or amount of vegetation (native and ornamental), and/or other conditions favorable to fast moving fires.

Response Time. The elapsed time from receipt of call to the arrival of the first unit on scene.

Rubbish. Waste matter, litter, trash, refuse, debris, and dirt on streets or private property in the jurisdiction which is, or when dry may become, a fire hazard. See combustible material.

Rural Area. An area generally designated for agricultural or open space uses with parcels more than 10 acres (4.046873ha) in size.

Rural Residential Area. An area generally designated for single family residential use with parcels between three (1.2140619 ha) and 10 (4.046873 ha) acres in size. 243

Sprinkler Alarm and Supervisory System (SASS). A Dedicated Function Fire Alarm System located at the protected premise installed specifically to monitor sprinkler water- flow alarm, valve supervisory, and general trouble conditions where a Building Fire Alarm is not required.

Streets. Includes alleys, parkways, driveways, sidewalks, and areas between sidewalks and curbs, highways, public rights of way, private road, paper street and easements.

Substantial Addition. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 5,000 square feet or greater. (CCFPD, SRVFPD, RHFPD,)

Substantial Alteration. Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed or replaced within a one-year period.

Temporary Fire Department Access Road for Construction. An approved temporary roadway for emergency vehicle use during construction of residential subdivision projects.

Temporary Fire Department Access Road for Construction Of One (1) Residential (R3) Unit.

A temporary roadway for emergency vehicle use during construction of an individual residential (R3) structure where a fire department access road is required as part of the project.

Temporary Water Supply. Water stored for firefighting purposes in an approved aboveground tank during combustible construction.

Tree Litter. Any limbs, bark, branches, and/or leaves in contact with other vegetation or left to gather on the ground.

Weeds. All weeds growing upon streets or private property in the jurisdiction, including any of the following:

1. Weeds that bear seeds of a fluffy nature or are subject to flight.

2. Sagebrush, chaparral (including Chamise, Coyote Brush/Greasewood, Brooms, and Buckwheat), and any other brush or weeds that attain such large growth as to become, when dry, a fire menace to adjacent improved property.

3. Weeds that are otherwise noxious or dangerous;

4. Poison oak and poison sumac when the conditions of growth constitute a menace to public health.

5. Dry grass, brush, tree litter, litter, or other flammable materials that endanger the public safety by creating a fire hazard.

Chapter 3. General Requirements.

Section 304.3.5 is added, to read:

304.3.5 Clothes Dryers. Clothes dryers shall be frequently cleaned to maintain the lint trap, mechanical and heating components, vent duct, and associated equipment free from accumulations of lint and combustible materials.

Section 308.1.4, Exception 1 is amended to read:
244

Exception 1. Residential Occupancies.

Section 324 is added to Chapter 3, to read:

SECTION 324 Exterior Fire Hazard Control.

324.1 Subsurface Fires.

324.1.1 Peat Fire. It is the duty of each person, firm, corporation, or association not to permit a peat fire or a fire involving combustible vegetable matters under the surface of the natural ground to remain upon the property. It is hereby declared that it is the duty of any person as herein defined to take all necessary precautions to extinguish any subsurface fire involving peat or vegetable material at the owner’s own cost and expense.

324.1.2 Fire Suppression Costs. If there exists upon the lands or property of any person as herein defined a subsurface fire involving the burning or combustion of peat, vegetable matter, or vegetation, and the owner or occupant thereof has not taken reasonable precautions within a reasonable time to extinguish or minimize such fire or combustion, the Fire District may, in addition to its regular duties to extinguish or minimize such fire or combustion, go upon the lands of any person as herein defined and extinguish such fire or combustion. Any costs incurred by the Fire District in fighting the fire and for the cost of proving rescue or emergency medical services shall be a charge against the property owner. The charge shall constitute a debt of the
property owner and is collectable by the jurisdiction incurring those costs in the same manner as in the case of an obligation under a contract, express or implied. (See Health and Safety Code,
§13009.)

Section 325 is added to Chapter 3, to read:

SECTION 325 Automobile Wrecking Yards.

325.1 General. The operation of automobile wrecking yards shall be in accordance with this section.

325.2 Definitions. The following terms are defined in Chapter 2:

Automobile Dismantling
Automobile Wrecking Yard

325.3 Requirements.

325.3.1 Permits. An operational fire code permit is required as in Section 105.6.53.

325.3.2 Fire Apparatus Access Roads. Fire apparatus access roads shall be constructed throughout the site in accordance with this code and shall be maintained clear of all vehicles and stored items.

245
325.3.3 Welding and cutting. Welding and cutting operations shall be conducted in an approved location, clear of all flammable liquids and combustible materials, including weeds, tires, and all other debris.

325.3.4 Housekeeping. Combustible rubbish accumulated on site shall be collected and stored in approved containers, rooms, or vaults of noncombustible materials. Combustible vegetation, cut or uncut, shall be removed when determined by the fire code official to be a fire hazard.

325.3.5 Fire Protection. Offices, storage buildings, and vehicles used for site operations shall each be provided with at least one portable fire extinguisher with not less than a 4-A:
40-B-C rating. When required by the fire code official, additional fire extinguishers shall be provided.

325.3.6 Tire storage. Tires shall be stored in racks or in a manner as approved by the fire code official.

325.3.6.1 Distance from Water Supply. Tire storage shall be located on-site and no further than 500 feet from a fire hydrant or an approved water supply as determined by the fire code official.

325.3.7 Storage Piles. Storage piles shall be located a minimum of 20 feet from property lines and shall have an unobstructed access road on all sides of not less than 20 feet.

325.3.8 Burning operations. The burning of salvaged vehicles and salvaged or waste materials is prohibited.

325.3.9 Motor vehicle fluids. Motor vehicle fluid shall be drained from salvaged vehicles when such liquids are leaking onto the ground and prior to dismantling or removing engine/motor parts.

325.3.9.1 Mitigation of leaking fluids. Precautions shall be taken to prevent fluids from salvaged vehicles from leaking onto the ground. Supplies or equipment capable of mitigating leaks from fuel tanks, crankcases, brake systems, and transmissions shall be kept available on site. Single-use plugs, diking, and absorbent materials shall be disposed of as hazardous waste and removed from the site in a manner in accordance with federal, state, and local requirements.

325.3.10 Fuel tanks. Fuel tanks of salvaged vehicles shall be emptied of all flammable (gasoline, diesel) fuels in an approved manner and stored in approved tanks.

325.3.10.1 Repair of vehicle fuel tanks. The repair of fuel tanks, including cutting, welding, or drilling of any kind, is prohibited.

325.3.11 Lead acid batteries. Lead acid batteries shall be removed from all salvaged vehicles and stored in an approved manner in a location approved by the fire code official.

Chapter 4. Emergency Planning and Preparedness.

Section 401.5.1 is added to read:

246
401.5.1 Nuisance Fire Alarm. A fee may be charged for false and/or nuisance fire alarms in accordance with the fee schedule adopted by the Board of Directors.

Section 401.10 is added to read:

401.10 Aerial Pre-Plans. For all new construction the fire official is authorized to require a fire aerial pre-plan to be prepared by an approved vendor at the cost of the developer.

Section 403.11.1 is amended to read:

403.11.1 Standby Personnel. Where, in the opinion of the fire code official or Fire Chief, it is essential for public safety in a place of assembly, or any other place where people congregate, because of the number of persons, or the nature of the performance, exhibition, display, contest, or activity, the owner, agent, or lessee shall provide standby personnel as required and approved by the fire code official or Fire Chief. If the activity requires fire watch, fire watch shall be provided in accordance with Sections 403.11.1.1 and 403.11.1.2.

Standby personnel needed for EMS standby shall be provided in accordance with Contra Costa County EMS Protocols.

Chapter 5. Fire Service Features.

Section 503.1.4 is added to read:

503.1.4 Access to open spaces. When access to open land/space or fire trail systems maintained for public or private use is obstructed by new development of any kind, the developer shall provide alternate acceptable access into the area that is sufficient to allow access for fire personnel and apparatus. The alternate means of access requires the approval of the fire code official.

Section 503.1.5 is added to read:

503.1.5 Existing fire trail systems shall be maintained. When conditions make maintenance of existing trails impractical, alternate means of access shall be provided and requires approval by fire code official.

Section 503.2.1 is amended by adding the following exception:

Exception: A driveway with a minimum width of 16 feet is acceptable for access to one or two single- family dwellings.

Section 505.3 is added, to read:

505.3 Street names and addressing. Street names and addressing shall be submitted for review and approval to the fire code official, whose approval will not be unreasonably withheld. The purpose of the review is to verify that new street names and addressing will not duplicate existing street names and addressing.

Chapter 6. Building Services and Systems.

Section 605.3.1 is added to read:

247
605.3.1 Spark Arrestors. All Chimneys attached to any appliance or fireplace that burns solid fuel shall be equipped with an approved spark arrestor per CBC 2113.9.2.

Chapter 9. Fire Protection and Life Safety Systems.

Section 901.6.3 is amended to read:

901.6.3 Records. Records of all system inspections, tests, and maintenance required by the reference standards shall be submitted to a third party electronic record keeping service as chosen by the fire district.

Section 902.1 is amended to add:

SUBSTANTIAL ADDITION. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 5,000 square feet or greater.

SUBSTANTIAL ALTERATION. Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed or replaced within a one-year period.

Section 903.2.1.1 is amended to read:

903.2.1.1 Group A-1. An automatic sprinkler system shall be provided throughout stories containing Group
A-1 occupancies and throughout all stories from the Group A-1 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:

1. The fire area exceeds 5,000 square feet.

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

4. The fire area contains a multi-theater complex.

Section 903.2.1.3 is amended to read:

903.2.1.3 Group A-3. An automatic sprinkler system shall be provided throughout stories containing Group A-3 occupancies and throughout all stories from the Group A-3 occupancy to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:

1. The fire area exceeds 5,000 square feet.

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

4. The structure exceeds 10,000 square feet, contains more than one fire area containing exhibition and display rooms, and is separated into two or more buildings by fire walls of less than 4-hour fire resistance rating without openings.

Section 903.2.1.4 is amended to read:

903.2.1.4 Group A-4. An automatic sprinkler system shall be provided throughout stories containing Group A-4 occupancies and throughout all stories from the Group A-4 occupancy 248
to and including the levels of exit discharge serving that occupancy where one of the following conditions exists:

1. The fire area exceeds 5,000 square feet

2. The fire area has an occupant load of 300 or more.

3. The fire area is located on a floor other than a level of exit discharge serving such occupancies.

Section 903.2.2 is amended in its entirety, to read:

Section 903.2.2 Group B. An automatic sprinkler system shall be provided for Group B occupancies and intervening floors of the building where the fire area exceeds 5,000 square feet.

Section 903.2.2.1 Ambulatory care facilities. An automatic sprinkler system shall be installed throughout the entire floor containing an ambulatory care facility where either of the following conditions exist at any time:

1. Four or more care recipients are incapable of self-preservation.

2. One or more care recipients that are incapable of self-preservation are located at other than the level of exit discharge serving such a facility.

3. In buildings where ambulatory care is provided on levels other than the level of exit discharge, an automatic sprinkler system shall be installed throughout the entire floor as well as all floors below where such care is provided, and all floors between the level of ambulatory care and the nearest level of exit discharge, the level of exit discharge, and all floors below the level of exit discharge.

Exception: Floors classified as an open parking garage are not required to be sprinklered.

Section 903.2.3 is amended to read:

903.2.3 Group E. An automatic sprinkler system shall be provided for new Group E occupancies as follows:

1. Throughout all Group E fire areas greater than 2,000 square feet in area.

Exception: An automatic sprinkler system is not required in any Group E Day Care Facility less than 5,000 square feet.

2. The Group E fire area is located on a floor other than a level of exit discharge serving such occupancies.

Exception: In buildings where every classroom has not fewer than one exterior exit door at ground level, an automatic sprinkler system is not required in any area below the lowest level of exit discharge serving that area.

3. The Group E fire area has an occupant load of 300 or more.

4. In rooms or areas with special hazards such as laboratories, vocational shops, and. other such areas where hazardous materials in quantities not exceeding the maximum allowable quantity are used or stored.

5. Throughout any Group E structure greater than 4,000 square feet in area, which contains more than one fire area, and which is separated into two or more buildings by fire walls of less than 4•hour fire resistance rating without openings.

6. For public school state-funded construction projects, see Section 903.2.19.

7. For public school campuses, Kindergarten through 12th grade, see Section 903.2.20.

Section 903.2.4. is amended in its entirety, to read:
249

903.2.4 Group F-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists:

1. A Group F-1 fire area exceeds 5,000 square feet.

2. A Group F-1 fire area is located more than three stories above grade plane.

3. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.

4. A Group F-1 occupancy used for the manufacture of upholstered furniture or mattresses exceeding 2,500 square feet (232 m2) .

Section 903.2.4.4 is added to read:

903.2.4.4 Group F-2. An automatic sprinkler system shall be provided throughout all buildings containing a Group F-2 occupancy greater than 5,000 square feet.

Section 903.2.7 is amended to read

903.2.7 Group M. An automatic sprinkler system shall be provided throughout buildings containing a Group M occupancy where one of the following conditions exists:

1. A Group M fire area exceeds 5,000 square feet.

2. A Group M fire area is located more than three stories above grade plane.

3. The combined area of all Group M fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.

4. A Group M occupancy (is) used for the display and sale of upholstered furniture or mattresses exceeds 5,000 square feet.

5. The structure exceeds 10,000 square feet, contains more than one fire area containing a Group M occupancy, and is separated into two or more buildings by fire walls of less than 4-hour fire•resistance rating without openings.

Section 903.2.8 is amended to read:

903.2.8 Group R. An automatic sprinkler system installed in accordance with Section 903.3 shall be provided throughout all Group R occupancies. An automatic sprinkler system shall be installed in new manufactured homes, new mobile homes, and multifamily manufactured homes with two dwelling units, including those located in mobile home parks, in accordance with Title 25 of the California Code of Regulations.

Section 903.2.8.1.1 is added, to read:

903.2.8.1.1 Group R-3 Substantial Addition or Alteration. An automatic sprinkler system shall be provided throughout all existing Group R-3 dwellings where either of the following occurs:

1. Substantial Addition. The addition of new gross floor area exceeds fifty percent of the existing gross floor area and the total new gross floor area is 3,600 square feet or greater.

2. Substantial Alteration. Where fifty percent or greater of the linear length of the wall of the building (exterior and interior) and fifty percent of the roof are removed or replaced within a one- year period.

250
Section 903.2.9 is amended to read:

903.2.9 Group S-1. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-1 occupancy where one of the following conditions exists:

1. A Group S-1 fire area exceeds 5,000 square feet.

2. A Group S-1 fire area is located more than three stories above grade plane.

3. The combined area of all Group S-1 fire areas on all floors, including any mezzanines, exceeds 10,000 square feet.

4. A Group S-1 occupancy used for the storage of commercial motor vehicles where the fire area exceeds 5,000 square feet.

Section 903.2.9.1 is amended to read:

903.2.9.1 Repair garages. An automatic sprinkler system shall be provided throughout all buildings used as repair garages in accordance with Section 406.8 of the California Building Code, as shown:

1. Buildings having two or more stories above grade plane, including basements, with a fire

2. area containing a repair garage exceeding 5,000 square feet.

3. Buildings not more than one story above grade plane, with a fire area containing a repair garage exceeding 5,000 square feet.

4. Buildings with repair garages servicing vehicles parked in basements.

5. A Group S-1 fire area used for the repair of commercial motor vehicles where the fire area exceeds 5,000 square feet or any tenant improvement to the structure exceeds 49% of the S- 1 area.

Section 903.2.10 is amended to read:

903.2.10 Group S-2 parking garages. An automatic sprinkler system shall be provided throughout buildings classified as parking garages where any of the following conditions exists:

1. Where the fire area of the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, exceeds 5,000 square feet.

2. Where the enclosed parking garage, in accordance with Section 406.6 of the California Building Code, is located beneath other groups.

3. Exception: Enclosed parking garages located beneath Group R-3 occupancies.

4. Where the fire area of the open parking garage, in accordance with Section 406.5 of the California Building Code, exceeds 48,000 square feet.

Section 903.2.10.3 is added to read:

903.2.10.3 Group S-2 low hazard storage. An automatic sprinkler system shall be provided throughout all buildings containing a Group S-2 occupancy exceeding 5,000 square feet.

Section 903.2.11.7 is added to read:

903.2.11.7 High-piled storage. An automatic sprinkler system shall be provided throughout buildings containing high-pile combustible storage.

Exception: An automatic sprinkler system is not required for 500 square feet or less, including aisles, of high-piled storage.

251
Section 903.2.22 is added, to read:

Section 903.2.22 Fire department delivery capability. An automatic fire sprinkler shall be installed in all new buildings and occupancies or in existing buildings or structures that change occupancy classification or use, when the required fire flow exceeds 2,000 gallons per minute

Section 903.3.1.1.4 is added, to read:

903.3.1.1.4 Undeclared Use. In buildings of undeclared use with floor to structure height greater than 14 feet, the fire sprinkler system shall be designed to conform to Extra Hazard Group I design density. In buildings of undeclared use with floor to structure height less than .14 feet, the fire sprinkler system shall be designed to conform to Ordinary Group II design density. Where a subsequent occupancy requires a system with greater capability, it shall be the responsibility of the owner and/or the occupant to upgrade the system.

Section 903.3.1.3.1 is added to read:

903.3.1.3.1 Pipe limitations. Where CPVC pipe is installed above the insulation or is otherwise located in an unconditioned space, such as in an attic space, or a garage without conditioned living space above, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.

Section 903.3.5.3 is added, to read:

903.3.5.3 Non-permissible water supply storage. Swimming pools and ponds shall not be considered water storage for the purposes of Section 903.3.5.

Section 903.3.9 is amended to read:

903.3.9. Floor control valves. Individual floor control valves and water flow detection assemblies shall be provided for each floor in multi-floor buildings at an approved location.

Exception: Group R-3 and R-3.1 Occupancies.

Section 903.4.2 is amended to read:

903.4.2 Alarms. One approved audible and visual device shall be connected to every automatic sprinkler system at an approved location. Such sprinkler water-flow alarm devices shall be activated by water flow equivalent to the flow of a single sprinkler of the smallest orifice size installed in the system. Audible and visual alarm devices shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, actuation of the automatic sprinkler system shall actuate the building fire alarm system.

Section 903.6.1 is added, to read:

903.6.1 Substantial addition or expansion. An automatic sprinkler system shall be provided throughout all existing R-3 Occupancy buildings where a substantial addition occurs and the total new gross floor area of the structure exceeds 5,000 square feet. Group R- 3 substantial additions or alterations shall comply with Section 903.2.8.1.1.

Section 903.6.2 is added, to read:
252

903.6.2 Change of occupancy classification. Any existing building that undergoes a change of occupancy classification into a higher hazard category shall comply with the requirements of Section 903.2. Relative hazard categories of occupancy groups shall be established based upon the Heights and Areas Hazard Categories of Table 1011.5 of the current edition of the International Existing Building Code, as published by the International Code Council. The requirements of Section 903.2 shall not be required when a change of occupancy classification is made to an equal or lesser hazard category. Group L occupancies shall be considered a relative hazard of 1 (highest hazard).

Section 907.4.4 is added, to read:

907.4.4 Monitoring of other fire systems. In buildings equipped with a fire alarm system or sprinkler alarm and supervisory service (SASS) system, where other fire suppression or extinguishing systems are installed in the building (including, but not limited to commercial kitchen suppression systems, pre-action fire suppression systems, dry chemical systems, and clean agent systems), these other suppression systems shall be monitored by the SASS dedicated function fire alarm system and transmitted as a specific signal to the Central Station. The system shall be monitored in compliance with Section 907.6.6.

Section 907.5.2.3.1 is amended to read:

907.5.2.3.1 Public and common areas. Visible alarm notification appliances shall be provided in public use areas and common use areas, including but not limited to:

1. Sanitary facilities including restrooms, bathrooms, shower rooms, and locker rooms.

2. Corridors, hallways, and aisles with shelving and/or fixtures obstructing the required light intensity for that area.

3. Music practice rooms.

4. Band rooms.

5. Gymnasiums.

6. Multipurpose rooms.

7. Occupational shops.

8. Occupied rooms where ambient noise impairs hearing of the fire alarm.

9. Lobbies.

10. Meeting/Conference rooms.

11. Classrooms.

12. Medical exam rooms.

13. Open office areas.

14. Sales floor areas.

15. Break or lunch rooms

16. Copy or work rooms.

17. Computer server rooms exceeding 200 sq. ft.

18. File or Storage rooms exceeding 200 sq. ft.

Section 907.6.6 is amended to read:

907.6.6 Monitoring of fire alarm systems. A fire alarm system required by this chapter, or by the California Building Code, shall be monitored by a UL-listed Central Station service in accordance with NFPA 72 and this code.
253
Exception: Monitoring by a UL-listed central station is not required for:

1. Single- and multiple-station smoke alarms required by Section 907.2.10.

2. Group 1-3 occupancies shall be monitored in accordance with Section 907.2.6.3.

3. Residential Day Care Facilities (occupancy load of 14 or less).

4. One- and two-family dwellings.

5. Residential Care Facilities licensed by the state with an occupant load of 6 or less.

6. Occupancies with local fire alarm system that will give an audible and visible signal at a constantly attended location, as approved by the Fire Code Official.

Section 907.6.7 is added, to read:

907.6.7 Certification. New fire alarm systems shall be UL-Certified. A Certificate of Completion and other documentation as listed in NFPA 72 shall be provided for all new fire alarm system installations. It is the responsibility of the building owner or owner's representative to obtain and maintain a current and valid Certificate.

Section 907.6.7.1 is added, to read:

907.6.7.1 Posting of Certificate. The UL Certificate shall be posted in a durable transparent cover within three feet of the fire alarm control panel within 45 days of the final acceptance test/inspection.

Chapter 10. Means of Egress.

Section 1028.5.1 is added, to read:

1028.5.1 Exit discharge surface. Exterior exit pathway surfaces shall be suitable for pedestrian use in inclement weather, and shall terminate at a public way as defined in the California Building Code.

Chapter 33. Fire Safety During Construction and Demolition.

Section 3303.1.2 is added to read:

Amendments. Amendments may be required to an approved site safety plan if deemed necessary by both the building official and fire official, based on previous fires or hazards that occurred on site or within the jurisdiction.

Section 3303.1.3 is added to read:

Site Security requirements. Site security requirements hall include the following if deemed necessary by both the building official and fire official:

1. Controlled access points

2. Site fencing, up to 12 feet in height with tamper sensors and security wires on top

3. Security guards, full-time 24/7 presence on-site, to perform fire watch and patrols

4. Detection check points located throughout the buildings for fire watch and patrol verification

5. Security camera coverage throughout the site with motion detection notifications 254

6. Identify measures taken to prevent tampering with security cameras and motion sensors

7. Necessary lighting throughout the project site

Section 3319 Asbestos Removal is added to read as follows:

General. Operations involving removal of asbestos or asbestos-containing materials from buildings shall be in accordance with Section 3319.

Exception: Section 3319 does not apply to the removal of asbestos from:

1. Pumps, valves, gaskets, and similar equipment.

2. Pipes, ducts, girders, or beams that have a length less than 21 linear feet (6400 mm).

3. Wall or ceiling panels that have an area of less than 10 square feet (0.93 m2) or a dimension of less than 10 linear feet (3048 mm).

4. Floor tiles when their removal can be completed in less than four hours.

5. Group R-3 occupancies.

Notification. The fire code official shall be notified 24 hours prior to the commencement and closure of asbestos-removal operations. The permit applicant shall notify the building official when asbestos abatement involves the removal of materials that were used as a feature of the building's fire resistance.

Plastic Film. Plastic film that is installed on building elements shall be flame resistant as required for combustible decorative material, in accordance with Section 807.

Signs. Approved signs shall be posted at the entrance, exit and exit-access door, decontamination areas and waste disposal areas for asbestos-removal operations. The signs shall state that asbestos is being removed from the area, that asbestos is a suspected carcinogen, and that proper respiratory protection is required. Signs shall have a reflective surface. Lettering shall be a minimum of2 inches (51 mm) high.

Chapter 50. Hazardous Materials - General Provisions.

Section 5001.5.1 is amended to add items numbered 10 & 11 to read as follows:

10. Fire Department related safety equipment
A. Fire alarm control panel (FACP)
B. Sprinkler riser
C. Fire department connection (FDC)
D. Knox Box location
E. Gas valve shutoff
F. Electrical main shutoff
G. Water shutoff
H. Elevator equipment room

11. A Site Fire/Explosion/Hazardous Material Release Analysis Assessment. A Fire Protection Engineer (FPE) stamped risk assessment is required for each possible hazard risk associated with fire, explosion, smoke, and toxicity associated with the possible incident at a facility that is identified as a bulk transfer/process/storage facility. Refer to NFPA 550 & 551 for references.

255
Section 5001.5.3 is added to read:

5001.5.3 Emergency response support information. Floor plans, material safety data sheets, Hazardous Materials Management Plans (HMMP), Hazardous Material Inventory Statements (HMIS), and other information must be stored at a readily accessible location; as determined by the fire code official. This location may be in cabinets. located outside of facilities or buildings. Information may be required to be maintained in a specific electronic media format to facilitate computer aided dispatching.

Section 5003.9.1.2 is added to read:

5003.9.1.2 Documentation. Evidence of compliance with provisions of this chapter as well as with state and federal hazardous material regulations shall be maintained on site and available for inspection by fire department personnel.

Chapter 56. Explosives and Fireworks.

Section 5601.1.3 is amended to read as follows:

Fireworks. The possession, manufacture, storage, sale, handling and use of fireworks are prohibited within the jurisdiction of the District.

Exceptions:

1. Storage and handling of fireworks by a Public Safety Agency.

2. The use of fireworks for fireworks displays pyrotechnics before a proximate audience and pyrotechnic special effects in motion pictures, television, theatrical or group entertainment productions as allowed in Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and Health and Safety Code Division 11.

3. Snap Caps and Party Poppers classified by the State Fire Marshal as pyrotechnic devices.

Section 5601.2.2 is amended to read as follows:

5601.2.2 Sale and retail display. No person shall construct a retail display or offer for sale any explosives, explosive materials, or fireworks within the jurisdiction. Exception: Snap Caps and Party Poppers classified by the State Fire Marshal as pyrotechnic devices.

Section 5601.2.4 is amended to read as follows:

5601.2.4 Financial responsibility. Before a permit is issued pursuant to Section 5601.2, the applicant shall file with the jurisdiction a corporate surety bond in the principal sum of $2,000,000 or a public liability insurance policy for the same amount, for the purpose of the payment of all damages to persons or property which arise from, or are caused by, the conduct of any act authorized by the permit upon which any judicial judgment results. The fire code official is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required.

Government entities shall be exempt from this bond requirement.

Exception: Fireworks in accordance with California Code of Regulations, Title 19, Division 1, Chapter 6. See Section 5608.

256
Chapter 57. Flammable and Combustible Liquids.

Section 5703.3.1 is added to read:

5703.3.1 Facility site Fire/Explosion/Hazardous Material Release Analysis Assessment.

A Fire Protection Engineer (FPE) stamped risk assessment is required for each possible hazard risk associated with fire, explosion, smoke, and toxicity associated with the possible incident at a facility that is identified as a bulk transfer/process/storage facility when required by the fire official. Refer to NFPA 550 & 551 for references.

Section 5704.2.9.6.1 is amended to read as follows:

Section 5704.2.9.6.1 Locations where above-ground tanks are prohibited. The storage of Class I and II liquids in above-ground tanks outside of buildings is prohibited in all zoning districts except districts zoned for commercial, industrial, or agricultural uses.

Exception: Protected above-ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, business district, rural or rural residential, and for facilities on an individual basis consistent with the intent of this provision. Tank size shall not exceed 1,000 gallons for any class of liquids.

Section 5706.2.4.4 is amended to read:

Section 5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in above-ground tanks is prohibited in all zoning districts except district zoned for commercial, industrial, or agricultural uses.

Exception: Protected above-ground tanks for the purpose of emergency power generator installations in areas zoned commercial, industrial, agricultural, business district, rural or rural residential, and for facilities on an individual basis consistent with the intent of this provision. Tank size shall not exceed 1,000 gallons for any class liquids.

Chapter 58. Flammable Gasses and Flammable Cryogenic Fluids

Section 5806.2 is amended to read as follows:

Limitations. The storage of flammable cryogenic fluids in stationary containers outside of buildings is prohibited in any area which is zoned for other than industrial use.

Exception: Liquid hydrogen fuel systems in compliance with Section 5806.3 or 5806.4.

Chapter 61. Liquefied Petroleum Gases.

Section 6103.2.1.7 is amended to read:

6103.2.1.7 Use for food preparation. Individual portable L-P containers used, stored, or handled inside a building classified as a Group A, Group B, or Group M occupancy for the purposes of cooking, food display, or a similar use, shall be limited in size to one quart capacity and shall be of an approved type. The number of portable containers permitted will 257
be at the discretion of the fire code official. LP-gas appliances used for food preparation shall be listed for such use in accordance with the California Mechanical Code and NFPA 58.

Section 6104.2 is amended to read:

6104.2 Maximum capacity within established limits. The storage of liquefied petroleum gas is prohibited in any central business district and in all zoning districts except districts zoned for
258
Ordinance No. ___

commercial, industrial, rural, or agricultural uses. The aggregate capacity of any one installation used for the storage of liquefied petroleum gas shall not exceed a water capacity of 2,000 gallons (7570 L).

Chapter 80. Referenced Standards.

Chapter 80 is amended by adding the following referenced standards:

NFPA 3 (2021): Recommended Practice for Commissioning of Fire Protection and Life Safety Systems

NFPA 850 (2020): Recommended Practice for Fire Protection for Electric Generating Plants and High Voltage Direct Current Converter Stations.

Chapter 80 is further amended by amending the NFPA 13D (2022) (Standard for the Installation of Sprinkler Systems in One- and Two-Family Dwellings and Manufactured Homes) standard as follows:

Section 7.7.1 is added, to read:

7.7.1 Where CPVC pipe is installed above the normal insulation in an unconditioned space, such as in an attic space, or a garage without conditioned living space above, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.

Section 8.3.5.1.2 is amended to read:

8.3.5.1.2 Where fuel-fired equipment is below or on the same level as occupied areas of the dwelling unit, at least one quick-response intermediate temperature sprinkler shall be installed above the equipment or at the wall separating the space with the fuel-fired equipment from the occupied space. In unconditioned spaces, CPVC pipe shall be adequately insulated to a minimum R-19 value, or equivalent, or pipe shall be limited to Type K or L copper, or ferrous piping.

Appendix B. Fire-Flow Requirements for Buildings.

Table B105.2 is amended to read:

TABLE B105.2

REQUIRED FIRE-FLOW FOR BUILDINGS OTHER THAN ONE- AND
TWO-FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND

TOWNHOUSES

259
Ordinance No. ___

AUTOMATIC SPRINKLER

SYSTEM (DESIGN STANDARD)

MINIMUM FIRE-FLOW
(GALLONS PER MINUTE)

FLOW DURATION (HOURS)
No automatic sprinkler system Value in Table B105.1(2) Duration in Table B105.1(2) Section 903.3.1.1 of the California
Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2) at
the reduced flow rate
Section 903.3.1.2 of the California
Fire Code
50% of the value in Table
B105.1(2)a
Duration in Table B105.1(2) at
the reduced flow rate
For SI: 1 gallon per minute= 3.785 Lim
a. The reduced fire-flow shall be not less than 1,500 gallons per minute.

Appendix C. Fire Hydrant Locations and Distribution.

Table C102.1 is amended as follows:

The title of Table C102.1 is amended to read: TABLE C102.1 REQUIRED NUMBER AND SPACING OF FIRE HYDRANTS (footnotes h and j)

The heading of the fourth column of Table C102.1 is amended to read:

MAXIMUM DISTANCE FROM ANY POINT ON STREET OR ROAD
FRONTAGE TO A HYDRANT (d, f, g, i)

Footnotes "i" and "j" are added to Table C102.1, to read:

i. A fire hydrant shall be provided within 250 feet of a fire trail access point off a public or private street.
j. For infill projects within existing single-family residential developments, Section 507.5.1 applies.

Appendix D. Fire Apparatus Access Roads.

Section D102.1 is amended to read:

D102.1 Access and loading. Facilities, buildings or portions of buildings hereafter constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road with an asphalt, concrete, or other approved all-weather driving surface capable of supporting the imposed load of fire apparatus weighing at least 74,000 pounds (34,473 kg) in accordance with Caltrans Design Standard HS- 20-44.

260
Ordinance No. ___

Exception: Driveways serving one or two single-family dwellings may be constructed of an alternate surface material, providing the imposed weight load design minimums are met and the grade does not exceed 10 percent.

Section D103.2 is amended to read:

D103.2 Grade. Fire department access roadways having a grade of between 16 percent and 20 percent shall be designed to have a finished surface of grooved concrete sufficient to hold a 44,000 pound (19 958 kg) traction load. The grooves in the concrete surface shall be ½ inch (13 mm) wide by ½ inch (13 mm) deep and 1 ½ inch (38 mm) on center and set at a 30 to 45 degree angle across the width of the roadway surface. No grade shall exceed 20 percent, nor shall the cross slope exceed 8%, unless authorized in writing by the fire code official.

Section D103.2.1 is added, to read:

D103.2.1 Angles of approach and departure. The angles of approach and departure for any means of access shall not exceed 10 percent at 10 feet of the grade break.

Section D103.3 is amended to read:

D103.3 Turning radius. Based on a minimum unobstructed width of 20 feet, a fire apparatus access roadway shall be capable of providing a minimum standard turning radius of 25 feet (7620 mm) inside and 45 feet (13 716 mm) outside. 261
Ordinance No. ___

Figure D103.l is amended to read:

Table D103.4 is amended to read:

TABLE D103.4 REQUIREMENTS FOR DEAD-END FIRE APPARATUS ROADS LENGTH
(feet)

MINIMUM
WIDTH
(feet)
. TURNAROUNDS REQUIRED
0-150
20a
20 None required
151 -
750

20a
20 100-foot Hammerhead, 50-foot "Y", 75-foot Shunt or 90- foot- diameter cul-de-sac in accordance with figure D103.1 Over 750 Special approval requiredb
a. A driveway with a minimum width of 16 feet is acceptable for access to no more than two single-family dwellings.
262
Ordinance No. ___

b. Any fire apparatus access roadway or driveway that is approved to be less than 20 feet wide and to exceed 750 feet in length shall have outsets or turnouts every 300 feet along the length of the road or driveway, or at locations approved by the fire code official. Each outset or turnout shall be of the following dimensions: an 8-foot-wide turnout that extends at least 40 feet in length.

Section D103.5 is amended as follows:

Criteria 1 of Section D103.5 is amended to read:

1. The minimum clear width shall be 20 feet (6096mm).

Exception: For access to one or two single-family dwellings, 16 feet clear width is acceptable.

Criteria 9 is added to Section D103.5, to read:

9. All gates shall be installed and located a minimum of 30 feet off the street.

Section D103.6.1 is amended to read:

D103.6.1 Roads less than 28 feet in width. Fire apparatus access roads less than 28 feet wide shall be posted on both sides as a fire lane.

Section D103.6.2 is amended to read:

D103.6.2 Roads 28 feet in width or greater, but less than 36 feet in width. Fire apparatus access roads 28 feet wide or greater, but less than 36 feet wide, shall be posted on one side of the road as a fire lane.

Section D106.1 is amended by deleting the exception and to read:

D106.1 Projects having more than 100 dwelling units. Multiple-family residential projects having more than 100 dwelling units shall be provided with two separate and approved fire apparatus access roads and shall meet the requirements of Section D104.3.

Section D106.2 is deleted in its entirety.

SECTION 16. AMENDMENTS TO GREEN BUILDING STANDARDS CODE. Hercules Municipal Code, Title 9, Chapte r 16, Sections 9-16.02, 9-16.03, and 9-16.04 are hereby repealed and replaced in their entirety to read as set forth below.

Sec. 9-16.02 Adoption by Reference.

The California Green Building Standards Code, 20 22 Edition, as adopted by the State of California and p ublished in the “California Code of Regulations,” Title 24, Part 11 is 263
Ordinance No. ___

adopted by refere nce and made a part of this Chapt er as though fully set forth herein, subject to the additions and deletions as set forth in this Chapter.

Sec. 9-16.03 Copies on File.

One (1) copy of the 20 22 Edition of the California G reen Building Standards Code, as adopted by Section 9-16.02, is on file in the office of the Chief Building Official for inspection by the public.

Sec. 9-16.04 Amendments, Additions, and Deletions
The following portio n of the Ordinance Code of C ontra Costa County, California, is adopted by reference under the authority of Sections 50020 through 50022 .9 of the California Government Code:

Adopting the a mendments to the 20 22 California Green Building Standards Code by the changes, additions, and d eletions set forth below as set forth in the Contra Costa County Ordinance No. 2019-31, Chapter 74-4, “Amendments to CGBSC” Section 74 -4.006 with Section numbers used b elow being those of the 2022 California Green Build ing Standards Code.

(a) Section 202 (Definitions) of CGBSC Chapter 2 (Definitions) is amended by replacing the definition of Electric Vehicle Charging Space (EV Space) with the following:

ELECTRIC VEHICLE CHARGING SPACE (EV SPACE). A space intended for current or fu ture installation of EV char ging e quipment and charging of electric vehicles.

(b) Section 301.1.1 (Additions and alterations) of CGBSC Cha pter 3 (Green Building) is amended to read:

Section 301.1.1 Additions and alterations. The mandatory provisions of Chapter 4 shall apply to additions or alterations of existing residential b uildings where the addition or alteration increases the building' s conditioned area, volume, or size.

The requirements shall apply only to and within the specific area of the addition or alteration.

The mandatory provisions of Section 4.106.4.2 may appl y to additions or alterations of existing parking facilities or t he addition of new parking facilities serving existing multifamily buildings. See Section 4.106.4.3 for application.

NOTE: Repairs including, but not limited to, resurfacing, restriping, and r epairing or maintaining existing lighting fixtures are not cons idered alterations for the purpose of this section.

264
Ordinance No. ___

The mandatory provisions of Section 4.408 shall apply to the followi ng types of construction or demolition projects for existing residential buildings:

1. Projects that increase the tota l combined conditio ned and unconditioned building area by 5,000 square feet or more.

2. Alterations to existing structures impacting 5,000 squ are feet or more of total combined conditioned and unconditioned building area.

3. Demolition projects when a demolition permit is required.

Exception: Demolition projects undertaken beca use the enfor cing a gency has determined that the demolition is nece ssary to abate a public nuisance or otherwise protect public health and safety.

For the purposes of determining whe ther a project meet s the 5,000 square -foot threshold, the enforcing agenc y may deem al l phases of a project and all related projects taking place on a single or adjoining parcel(s) as a single project.

(c) Section 301.3.2 (Waste diversion) of CGBSC Chapter 3 (Green Building) is amended to read:

Section 301.3.2 Waste diversion. The requirements of Section 5.408 shall apply to additions, alterations, and demolition whenever a permit is required for work.

Exception: Demolition projects undertaken because the enforcing agency has determined that the demolition is necessary to abate a public nuisance or otherwise protect public health and safety.

(d) Section 4.106.4.2.1 (Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended by adding the following Item 3 to the end of the section:

3. EV Chargers . Ten ( 10) percent of the total number of parking spaces shall be equipped with fully -operational Level 2 EVSE. Where common use parking is provided, at least one EV charger shall be located in the common use parking ar ea and shall be available for use by all residents or guests.

When low power Level 2 EV charging receptacles or Level 2 EVSE are inst alled beyond the minimum required, an automati c load m anagement system (ALMS) may be used to r educe the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on -site distribution transformers shall have 265
Ordinance No. ___

sufficient capacity to deliver at least 3.3 kW simul taneously to each EV charging station (EVCS) ser ved by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes, and installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the minimum required ele ctrical capacity to the required EV capable spaces

(e) Section 4.106.4.2.1.1 is added to Section 4.106.4.2.1 (Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms) of CGBSC Chapter 4 (Residential Mandatory Measures), to read:

Section 4.106.4.2.1.1 Electric vehicle charging stations (EVCS). Electric vehicle charging stations required by Section 4.106.4.2.1, Item 3, shall comply with Section 4.106.4.2.1.1.

Exception: Electric vehicle charging stations serving public accommodations, public housing, motels and hotels shall not be required to comply with this section. See California Building Code, Chapter 11B, for applicable requirements.

Section 4.106.4.2.1.1.1 Location. EVCS shall comply with at least one of the following options:

1. The charging space shall be located adjacent to an
accessible parking space meeting the requirements of the California Building Code, Chapter 11A, to allow use of the EV charger from the accessible parking space.

2. The charging space shall be located on an accessible route, as defined in the California Building Code, Chapter 2, to the building.

Exception: Electric vehicle charging stations designed and constructed in compliance with the California Building Code, Chapter 11B, are not required to comply with Section 4.106.4.2.1.1.1 and Section

4.106.4.2.1.1.2, Item 3.

Section 4.106.4.2.1.1.2 Electric Vehicle Charging Stations (EVCS) Dimensions. The charging spaces shall be designed to comply with the following:

1. The minimum length of each EV space shall be 18 feet (5486 mm).

266
Ordinance No. ___

2. The minimum width of each EV space shall be 9 feet (2743 mm).

3. One in every 25 charging spaces, but not less than one, shall also have an 8-foot (2438 mm) wide minimum aisle.

A 5-foot (1524 mm) wide minimum aisle shall be permitted provided the minimum width of the EV space is 12 feet
(3658 mm).

a. Surface slope for this EV space and the aisle shall
not exceed 1 unit vertical in 48 units horizontal
(2.083 percent slope) in any direction.

Section 4.106.4.2.1.1.3 Accessible EV Spaces. In addition to the requirements in Sections 4.106.4.2.1.1.1 and 4.106.4.2.1.1.2, all EVSE, when installed, shall comply with the accessibility provisions for EV chargers in the California Building Code, Chapter 11B. EV ready spaces and EVCS in multifamily developments shall comply with California Building Code, Chapter 11A, Section 1109A.

(f) Section 4.106.4.2. 2 (Multifamily development projects with 20 or more dwelling units; and hotels and motels with 20 or more sleeping units or guest rooms) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended by revising Item 3 to read:

3. EV Chargers . Ten ( 10) percent of the total number of parking spaces shall be equipped with fully -operational Level 2 EVSE . Where common use parking is provided, at least one EV charger shall be located in the common use parking ar ea and shall be available for use by all residents or guests.

When low power Level 2 EV charging receptacles or Level 2 EVSE are inst alled beyond the minimum required, an automatic load m anagement system (ALMS) may be used to r educe the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on -site distribution transformers shall have sufficient capacit y to del iver at least 3.3 kW simultaneousl y to each EV charging station (EVCS) ser ved by the ALMS. The branch circuit shall have a minimum capacity of 40 amperes, and installed EVSE shall have a capacity of not less than 30 amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces

(g) Section 4.408.1 (Construction waste management) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read:

267
Ordinance No. ___

Section 4.408.1 Construction waste management. Recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with Section 4.408.2.

Exceptions:

1. Excavated soil and land-clearing debris.

2. The enforcing agency may identify alternate waste reduction requirements if the agency determines that an owner or contractor has adequately demonstrated that diversion facilities necessary for the owner to comply with this section do not exist or are not located within a reasonable distance from the jobsite.

(h) Section 4.408.2 (Construction waste management plan) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read:

Section 4.408.2 Construction waste management plan. Submit a construction waste management plan for the project, signed by the owner, in conformance with Items 1 through 5 prior to issuance of building permit. The construction waste management plan shall be updated as necessary upon approval by the enforcing agency and shall be available during construction for examination by the enforcing agency. The plan must do all of the following:

1. Identify the construction and demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvage for future use or sale.

2. Specify if construction and demolition waste materials will be sorted on-site (source-separated) or bulk mixed (single stream).

3. Identify diversion and disposal facilities where the construction and demolition waste material will be taken and identify the waste management companies, if any, that will be utilized to haul the construction and demolition waste material. A waste management company utilized to haul construction and demolition waste material must have all applicable County approvals.

4. Identify construction methods employed to reduce the amount of construction and demolition waste generated.

5. Specify that the amount of construction and demolition debris shall be calculated consistent with the enforcing agency’s requirements 268
Ordinance No. ___

for the weighing of debris. The owner shall ensure that all construction and demolition debris diverted or disposed are measured and recorded by weight or volume using the most accurate method of measurement available. To the extent practicable, all construction and demolition debris shall be weighed using scales. Scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not possible due to lack of scales or not practical due to materials being reused on-site or elsewhere or other considerations, a volumetric measurement shall be used. The owner shall convert volumetric measurements to weight using the standardized conversion factors approved by the enforcing agency for this purpose.

(i) Section 4.408.3 (Waste management company) of CGBSC Chapter 4 (Residential Mandatory Measures) is deleted.

(j) Section 4.408.5 (Documentation) of CGBSC Chapter 4 (Residential Mandatory Measures) is amended to read:

Section 4.408.5 Documentation. A construction waste management final report containing information and supporting documentation that demonstrates compliance with Section 4.408.1, Section 4.408.2, Items 1 through 5, and, when applicable, Section 4.408.4 or Section 4.408.4.1, shall be provided to the enforcing agency before the final inspection. The required documentation shall include, but is not necessarily limited to, the following:

1. Documentation of the quantity by weight of each material type diverted or disposed, consistent with the requirements of Section

4.408.2, Item 5, and receipts or written certification from all receiving facilities utilized to divert or dispose waste generated by the project that substantiate the amounts specified on the construction waste management final report; or

2. For projects that satisfy the waste stream reduction alternative specified in Section 4.408.4 or Section 4.408.4.1, documentation of the quantity by weight of each material type disposed and the total combined weight of construction and demolition waste disposed in landfills as a result of the project, the corresponding pounds disposed per square foot of the building area, and receipts or written certification from all receiving facilities utilized to dispose waste generated by the project that substantiate the amounts specified on the construction waste management final report. 269
Ordinance No. ___

(k) Section 5.106.5.3.1 (EV capable spaces) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read:

Section 5.106.5.3.1 EV Capable Spaces. [N] EV capable spaces shall be provided in accordance with Table 5.106.5.3.1 and the following requirements:

1. Raceways complying with the California Electrical Code and no less than 1-inch (25 mm) diameter shall be provided and shall originate at a service panel or a subpanel(s) serving the area, and shall terminate in close proximity to the proposed location of the EV capable space and into a suitable listed cabinet, box, enclosure or equivalent. A common raceway may be used to serve multiple EV capable spaces.

2. A service panel or subpanel(s) shall be provided with panel space and electrical load capacity for a dedicated 208/240 volt, 40- ampere minimum branch circuit for each EV capable space, with delivery of 30-ampere minimum to an installed EVSE at each EVCS.

3. The electrical system and any on-site distribution transformers shall have sufficient capacity to supply full rated amperage at each EV capable space.

4. The service panel or subpanel circuit directory shall identify the reserved overcurrent protective device space(s) as "EV
CAPABLE". The raceway termination location shall be
permanently and visibly marked as "EV CAPABLE."

Note: A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by an enforcement agency. See Vehicle Code Section 22511.2 for further details.

TABLE 5.106.5.3.1

TOTAL NUMBER OF

ACTUAL PARKING
SPACES

NUMBER OF REQUIRED

EV CAPABLE SPACES

NUMBER OF EVCS (EV

CAPABLE SPACES
PROVIDED WITH EVSE)2
1-9 0 0
10-25 4 3
26-50 8 5
270
Ordinance No. ___

51-75 13 8
76-100 17 10
101-150 25 15
151-200 35 20
201 and over 20 percent of total1 10 percent of total1

1. Calculation for spaces shall be rounded up to the nearest whole number

2. The number of required EVCS (EV capable spaces provided with EVSE) in column 3 count toward the total number of required EV capable spaces shown in column 2.

(l) Section 5.106.5.3.2 (Electric vehicle charging stations (EVCS)) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read:

Section 5.106.5.3.2 Electric Vehicle Charging Stations (EVCS). EV capable spaces shall be provided with fully-operational EVSE to create EVCS in the number indicated in Table 5.106.5.3.1. The EVCS required by Table 5.106.5.3.1 may be provided with EVSE in any combination of Level 2 and Direct Current Fast Charging (DCFC), except that at least one Level 2 EVSE shall be provided.

One EV charger with multiple connectors capable of charging multiple EVs simultaneously shall be permitted if the electrical load capacity required by Section 5.106.5.3.1 for each EV capable space is accumulatively supplied to the EV charger.

The installation of each DCFC EVSE shall be permitted to reduce the minimum number of required EV capable spaces without EVSE by five and reduce proportionally the required electrical load capacity to the service panel or subpanel.

(m) Section 5.408.1 (Construction waste management) of CGBSC Chapter 5 Nonresidential Mandatory Measures) is amended to read:

Section 5.408.1 Construction waste management. Recycle and/or salvage for reuse a minimum of 65 percent of the nonhazardous construction and demolition waste in accordance with Section 5.408.1.1.

Exceptions:

1. Excavated soil and land-clearing debris.

2. The enforcing agency may identify alternate waste reduction requirements if the agency determines that an owner or contractor has adequately demonstrated that diversion facilities necessary for the owner to comply with this section do not exist or are not 271
Ordinance No. ___

located within a reasonable distance from the jobsite.

(n) Section 5.408.1.1 (Construction waste management plan) of CGBSC Chapter 5 Nonresidential Mandatory Measures) is amended to read:

Section 5.408.1.1 Construction waste management plan. Submit a construction waste management plan for the project, signed by the owner, in conformance with Items 1 through 5 prior to issuance of building permit. The construction waste management plan shall be updated as necessary upon approval by the enforcing agency and shall be available during construction for examination by the enforcing agency. The plan must do all of the following:

1. Identify the construction and demolition waste materials to be diverted from disposal by recycling, reuse on the project, or salvage for future use or sale.

2. Specify if construction and demolition waste materials will be sorted on-site (source-separated) or bulk mixed (single stream).

3. Identify diversion and disposal facilities where the construction and demolition waste material will be taken and identify the waste management companies, if any, that will be utilized to haul the construction and demolition waste material. A waste management company utilized to haul construction and demolition waste material must have all applicable County approvals.

4. Identify construction methods employed to reduce the amount of construction and demolition waste generated.

5. Specify that the amount of construction and demolition debris shall be calculated consistent with the enforcing agency’s requirements for the weighing of debris. The owner shall ensure that all construction and demolition debris diverted or disposed are measured and recorded by weight or volume using the most accurate method of measurement available. To the extent practicable, all construction and demolition debris shall be weighed using scales. Scales shall be in compliance with all regulatory requirements for accuracy and maintenance. For construction and demolition debris for which weighing is not possible due to lack of scales or not practical due to material being reused on-site or elsewhere or other considerations, a volumetric measurement shall be used. The owner shall convert volumetric measurements to weight using the standardized conversion factors approved by the 272
Ordinance No. ___

enforcing agency for this purpose.

(o) Section 5.408.1.2 (Waste management company) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is deleted.

(p) Section 5.408.1.4 (Documentation) of CGBSC Chapter 5 (Nonresidential Mandatory Measures) is amended to read:

Section 5.408.1.4 Documentation. A construction waste management final report containing information and supporting documentation that demonstrates compliance with Section 5.408.1, Section 5.408.1.1, Items 1 through 5, and, when applicable, Section 5.408.1.3, shall be provided to the enforcing agency before the final inspection. The required documentation shall include, but is not necessarily limited to, the following:

1. Documentation of the quantity by weight of each material type diverted or disposed, consistent with the requirements of Section

5.408.1.1, Item 5, and receipts or written certification from all receiving facilities utilized to divert or dispose waste generated by the project that substantiate the amounts specified on the construction waste management final report; or

3. For projects that satisfy the waste stream reduction alternative specified in Section 5.408.1.3, documentation of the quantity by weight of each new construction material type disposed and the total combined weight of new construction waste disposed as a result of the project, the corresponding pounds of new construction disposal per square foot of the building area, and receipts or written certification from all receiving facilities utilized to dispose waste generated by the project that substantiate the amounts specified on the construction waste management final report

SECTION 17. AMENDMENTS TO RESIDENTIAL CODE. Hercules Municipal Code, Title 9, Chapter 17, Sections 9-17.02, 9-17.03, and 9-17.04 are hereby repealed and r eplaced in their entirety to read as set forth below.

Sec. 9-17.02 Adoption by Reference.

The California Residential Code, 2022 Edition, including appendices, as published by the International Code Council, as modified by the State of California a nd published in the “California Code of Regulations, Title 24, Part 2.5” is adopte d by reference and made a part of this Chapter as thoug h fully set forth herein, subject to the changes, additions and deletions as set forth in this Chapter.

273
Ordinance No. ___

Sec. 9-17.03 Copies on File.

One (1) copy of th e 20 22 Edition of the California Residential Cod e, as adopted by Section 9-17.02, is on file in the office of the Chief Building Official for inspection by the public.

Sec. 9 -17.04 Amendments, Additi ons, and Deletions. The following portion of the Ordinance Code of Contra Costa County, Cali fornia, is adopt ed by refe rence under the authority of Sections 50020 through 50022.9 of the California Government Code:

Adopting the amendments to the 20 22 California R esidential Code by the changes, additions, and deletion s set forth below as set forth in Contra Costa County Ordinance No. 2022-35, Chapter 74 -4 and Division 72 , “Amendments to CRC” to read as follows, with Section numbers used below are those of the 2022 California Residential Code.:

(a) Sections R103 and R112 of CRC Chapter 1 (Scope and Application) are deleted.

(b) In Section Rl05.2 (Work exempt from permit) of CRC Chapter 1 (Scope and Application), subsection 3 is amended to read:

3. Retaining walls that are not more than 3 feet in height measured from the top of the footing to the top of the wall and that have a downward ground slope at the bottom of the retaining wall not exceeding 1(vertical):10(horizontal), unless supporting a surcharge or ground slope exceeding 1(vertical):2(horizontal) or impounding Class I, II, or III-a liquids.

(c) Section R314.8.1.1 is added to Section R314.8 (Existing Group R-3 occupancies) of CRC Chapter 3 (Building Planning), to read:

R314.8.1.1 Existing flat roof buildings. In existing flat roof buildings, the installation of a smoke detector that complies with Section R314.6 shall be required when a pitched roof is added on top of the existing flat roof and the solid sheathing of the flat roof is not removed.

(d) Section R602.10.3(3) (Bracing Requirements Based on Seismic Design Category) of CRC Chapter 6 (Wall Construction) is amended as follows:

(1) The title of Table R602.10.3(3) is amended to read:

TABLE R602.10.3(3)i

(2) Footnote "i" is added to Table R602.10.3(3), to read:

274
Ordinance No. ___

i. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted and the use of Method PCP is limited to one-story dwellings and accessory structures.

(e) Section R602.10.4.5 is added to Section R602.10.4 (Construction methods for braced wall panels) of CRC Chapter 6 (Wall Construction), to read:

R602.10.4.5 Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted, but gypsum board is permitted to be installed 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 dwellings and accessory structures.

(1) Appendix AH and Appendix AX of the CRC is incorporated into the County building code. Appendix AA, Appendix AB, Appendix AC, Appendix AD, Appendix AE, Appendix AF, Appendix AG, Appendix AI, Appendix AJ, Appendix AK, Appendix AL, Appendix AM, Appendix AN, Appendix AO, Appendix AP, Appendix AQ, Appendix AR, Appendix AS, Appendix AT, Appendix AU, Appendix AV, Appendix AW, Appendix AY, and Appendix AZ of the CRC are excluded from the County building 275
Ordinance No. ___

(1) Footnote "g" is added to Table R602.10.3(3), to read:

g. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted and the use of Method PCP is limited to one -story dwellings and accessory structures.

(a) Section R602.10.4.5 is added to Section R602.10.4 (Construction methods f or braced wall panels) of CRC Chapter 6 (Wall Construction), to read:

R602.10.4.5 Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and D2, Method GB is not permitte d, but gypsum bo ard is permitted to be installed 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 dwellings and accessory structures.

(b) Appendix H o f th e CRC is inco rporated into the Cit y building code. Ap pendix A, Appendix B, Appendix C, Appendix D, Appendix E, Appendix F, Appendix G, Appendix I, Appendix J, Appendix K, Appendix L, Appendix M, Appe ndix N, Appendix O, Appendix P, Appen dix Q, Appendix R, A ppendix S, Ap pendix T, Appendix U, Appendix V, and Ap pendix W of the CRC are excluded from the C ity building code.

SECTION 19. PROPERTY MAINTENANCE CODE. Hercules Municipal Code, T itle 9, Chapter 18 Sections 9-18.01, 9-18.02 and 9-18.03 are hereby repealed and replaced as follows:

Sec. 9-18.01 Administration.

These regulations shall be known as the “International Property Maintenance Code,” and may be so cited, and will be referred to herein as “this Chapter.” This Code is one (1) of the technical codes of building regulations and is administered under Title 9, Chapter 1 of the Hercules Municipal Code.

Sec. 9-18.02 Adoption by Reference.

The International Property Maintenance Code, 2021 Edition, including appendices, as published by the International Code Council is adopted by reference and made a part of this Chapter as though fully set forth herein, subject to the additions and deletions as set forth in this Chapter

Sec. 9-18.03 Copies on File.

One (1) copy of the 2021 Edition of the International Property Maintenance Code, as adopted by Section 9-18.02, is on file in the office of the Chief Building Official for inspection by the public.
276
Ordinance No. ___

SECTION 20. SEVERABILITY. If any section, subsection, sentence, clause , or phrase of this Ordinance is for any reason held to be invalid, such decis ions shall not aff ect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance, and each section, subsection, sentence, clause, or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be deleted.

SECTION 21. EFFECTIVE DATE AND PUBLICATION. The City Clerk shall certify to the adoption of this Ordinance and shall publish or post the Ordinance as required by law. This Ordinance shall be effective thirty (30) days from date of final adoption.

THE FOREGOING ORDINANCE was first read at a regular m eeting of the Hercules City Council on the 10th day of January, 2023, and was passed and adopted at a regular meeting of the Hercules City Council on the _____ day of _____________, 2022, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Alex Walker-Griffin, Mayor

__________________________________________
Eibleis Melendez
Acting City Clerk

277
278
279
280
281
282
283
284
285
286
287
288
289
290
291
292
293
294
295
296
297
FINDINGS FOR ORDINANCE NO. 2022-35
1 CONTRA COSTA COUNTY

FINDINGS IN SUPPORT OF CHANGES, ADDITIONS, AND DELETIONS

TO STATEWIDE BUILDING STANDARDS CODE

The California Building Standards Commission has adopted and published the 2022 Building Standards Code, which is comprised of the 2022 California Building, Residential, Green Building Standards, Energy, Electrical, Plumbing, Mechanical, and Existing Building Codes. These codes are enforced in Contra Costa County by the Building Inspection Division of the Department of Conservation and Development.

Although these codes apply statewide, Health and Safety Code sections 17958.5 and 18941.5 authorize a local jurisdiction to modify or change these codes and establish more restrictive building standards if the jurisdiction finds that the modifications and changes are reasonably necessary because of local climatic, geological, or topographical conditions. For amendments to the California Green Building Standards Code, local climatic, geological, and topographical conditions include local environmental conditions.

Ordinance No. 2022-35 adopts the statewide codes and amends them to address local conditions. Pursuant to Health and Safety Code section 17958.7, the Contra Costa County Board of Supervisors finds that the more restrictive standards contained in Ordinance No. 2022-35 are reasonably necessary because of the local climatic, geological, and topographic conditions that are described below.

I. Local Conditions

A. Geological and Topographic

1. Seismicity

(a) Conditions

Contra Costa County is located in Seismic Design Categories D and E, which designates very high risk for earthquakes. Buildings and other structures in these zones can experience major seismic damage. Contra Costa County is near numerous earthquake faults including the San Andreas Fault, and all or portions of the Hayward, Calaveras, Concord, Antioch, Mt. Diablo, and other lesser faults. A 4.1 earthquake with its epicenter in Concord occurred in 1958, and a 5.4 earthquake with its epicenter also in Concord occurred in 1955. The Concord and Antioch faults have a potential for a Richter 6 earthquake and the Hayward and Calaveras faults have the potential for a Richter 7 earthquake. Minor tremblers from seismic activity are not uncommon in the area. A study released in 2015 by the Working Group of California Earthquake Probabilities predicts that for the San Francisco 298
FINDINGS FOR ORDINANCE NO. 2022-35
2 region, the 30-year likelihood of one or more earthquake of 6.7 or larger magnitude is 72%. The purpose of this Working Group is to develop statewide, time-dependent Earthquake Rupture Forecasts for California that use best available science, and are endorsed by the United States Geological Survey, the Southern California Earthquake Center, and the California Geological Survey. Scientists, therefore, believe that an earthquake of a magnitude 6.7 or larger is now slightly more than twice as likely to occur as to not occur in, approximately, the next 30 years.

Interstates 680, 80, 580 and State Route 4 run throughout Contra Costa County. These interstates and state route divide the County into west, south, north and east areas.

An overpass or undercrossing collapse would significantly alter the response route and time for responding emergency equipment.

Earthquakes of the magnitude noted above could cause major damage to electrical transmission facilities and to gas and electrical lines in buildings, causing disruption and starting fires throughout the County.

(b) Impact

A major earthquake could severely restrict the response of Contra Costa County Fire Districts and their capability to control fires. When buildings not equipped with earthquake structural support move off their foundations, gas pipes may rupture. Fires may develop from line ruptures and spread from house to house, causing an extreme demand for fire protection resources. The proximity of large areas within the County to fault traces necessitates adopting stricter structural construction standards.

2. Soils

(a) Conditions

The area is replete with various soils, many of which are expansive. Many areas have landslide prone soils and some areas are potentially liquefiable during severe seismic shaking.

Throughout Contra Costa County, the topography and development growth has created a network of older, narrow roads. These roads vary from gravel to asphalt surface and vary in percent of slope, many exceeding 20%. Several of these roads extend up through the winding passageways in the hills providing access to remote, affluent housing subdivisions. The majority of these roads are private with no established maintenance program. During inclement weather, these roads are subject to rock and mudslides, as well as downed trees, obstructing all vehicle traffic. It is anticipated that during an earthquake, several of these roads would be unpassable preventing fire protection 299
FINDINGS FOR ORDINANCE NO. 2022-35
3 resources from reaching fires caused by gas line ruptures or other sources.

3. Topographic

(a) Conditions

i) Vegetation

Highly combustible dry grass, weeds, and brush are common in the hilly and open space areas adjacent to built-up locations 6 to 8 months of each year. Many of these areas frequently experience wildland fires, which threaten nearby buildings, particularly those with wood roofs, or sidings. This condition can be found throughout Contra Costa County, especially in those developed and developing areas of the County. Earthquake gas fires due to gas line ruptures can ignite grasslands and stress fire district resources.

ii) Surface Features

The arrangement and location of natural and manmade surface features, including hills, creeks, canals, freeways, housing tracts, commercial development, fire stations, streets, and roads, combine to limit feasible response routes for Fire District resources in and to District areas.

iii) Buildings, Landscaping, and Terrain

Many of the newer large buildings and building complexes have building access and landscaping features and designs, which preclude or greatly limit any approach or operational access to them by Fire District vehicles. In addition, the presence of security gates and roads of inadequate width and grades that are too steep for Fire District vehicles adversely affect fire suppression efforts.

When Fire District vehicles cannot gain access to buildings involved with fire, the potential for complete loss is realized. Difficulty reaching a fire site often requires that fire personnel both in numbers and in stamina. Access problems often result in severely delaying, misdirecting or making impossible fire and smoke control efforts. In existing structures where pitched roofs have been built over an existing roof, smoke detectors should be required to warn residents of smoke and fire before the arrival of fire personnel.

(b) Impact
The above local geological and topographical conditions increase the magnitude, exposure, accessibility problems, and fire hazards presented to the County fire resources. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself. Most earthquake fires are caused by natural gas line ruptures. Hazardous materials, particularly toxic gases, could pose the greatest 300
FINDINGS FOR ORDINANCE NO. 2022-35
4 threat to the largest number, should a significant seismic event occur. Public safety resources would have to be prioritized to mitigate the greatest threat and may be unavailable for smaller single dwellings that affected or threatened by broken gas lines.

Other variables may intensify the situation:

1. The extent of damage to the water system

2. The extent of isolation due to bridge and/or freeway overpass collapse.

3. The extent of roadway damage and/or amount of debris blocking the roadways.

4. Climatic condition (hot, dry weather with high winds).

5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours.

6. The availability of timely mutual aid or military assistance.

7. The large portion of dwellings with wood shake or shingle coverings (both on the roof diaphragm and sides of the dwellings) could result in conflagrations.

8. The large number of dwellings that slip off their foundations and rupture gas lines and electrical systems resulting in further conflagrations.

More restrictive electric vehicle charging standards, construction and demolition waste recovery requirements, and building electrification requirements would not impact the availability of the County’s fire or public safety resources.

B. Climatic

1. Precipitation and Relative Humidity

(a) Conditions

Precipitation ranges from 15 to 24 inches per year with an average of approximately 20 inches per year. 96% of precipitation falls during the months of October through April, and 4% from May through September. May through September is a dry 5-month period each year. Additionally, the area is subject to occasional drought. Relative humidity remains in the middle range most of the time. It ranges from 45 to 65% during spring, summer, and fall, and from 60 to 90% in the winter. It occasionally falls as low as 15%.

(b) Impact
301
FINDINGS FOR ORDINANCE NO. 2022-35
5 Locally experienced dry periods cause extreme dryness of untreated wood shakes and shingles on buildings and non-irrigated grass, brush and weeds, which are often near buildings with wood roofs and sidings. Such dryness causes these materials to ignite very readily and burn rapidly and intensely. Gas fires due to gas line ruptures can also spark and engulf a single-family residence during these dry periods.

Because of dryness, a rapidly burning gas fire or exterior building fine can quickly transfer to other buildings by means of radiation or flying brands, sparks or embers. A small fire can rapidly grow to a magnitude beyond the control capabilities of the Fire District resulting in an excessive fire loss.

2. Greenhouse Gas Emissions

(a) Conditions

The California Air Resources Board has collected information on emissions from air pollution sources since 1969. This information is periodically compiled by State and local air pollution control agencies to create regional and statewide greenhouse gas emissions inventories. The California greenhouse gas emissions inventory maintains information on various air pollution sources and identifies “transportation” (all on-road vehicles such as automobiles and trucks, and off-road vehicles such as trains, ships, aircraft, and farm equipment) as a primary pollution source. According to the 2019 statewide inventory, the transportation sector remains the largest source of greenhouse gas emissions, accounting for 39.7 % of the total greenhouse gas emissions. Emissions from recycling and waste, comprising 2% of the total greenhouse gas emissions, have grown by 20% since 2000, and 96% of that amount is landfill emissions. California adopted land use and transportation policies and mandatory recycling laws to help reduce greenhouse gas emissions by promoting the use of renewable energy sources and reducing landfill disposal.

Contra Costa County also completed a local greenhouse gas emissions inventory as well as a community-wide Climate Action Plan. The County’s Climate Action Plan contains measures reducing greenhouse gas emissions pertaining to renewable fuel vehicles and reducing landfill disposal for the purpose of reducing greenhouse gas emissions.

(b) Impact

More restrictive electric vehicle charging standards, construction and demolition waste recovery requirements, and building electrification requirements would be consistent with the intent of State legislation and County requirements to aggressively implement energy and waste policies designed to ensure success in meeting their greenhouse gas emission reduction and reusable energy and recycling goals.
302
FINDINGS FOR ORDINANCE NO. 2022-35
6 3. Temperature

(a) Conditions

Temperatures have been recorded as high as 114° F. Average summer highs are in the 75° to 90° range, with average maximums of 105° F in some areas of unincorporated Contra Costa County.

(b) Impact

High temperatures cause rapid fatigue and heat exhaustion of firefighters, thereby reducing their effectiveness and ability to control large building, wildland fires, and fires caused by gas line ruptures.

Another impact from high temperatures is that combustible building material and non- irrigated weeds, grass and brush are preheated, thus causing these materials to ignite more readily and burn more rapidly and intensely. Additionally, the resultant higher temperature of the atmosphere surrounding the materials reduces the effectiveness of the water being applied to the burning materials. This requires that more water be applied, which in turn requires more fire resources in order to control a fire on a hot day. High temperatures directly contribute to the rapid growth of fires to an intensity and magnitude beyond the control capabilities of the Fire Districts in Contra Costa County. The change of temperatures throughout the County between very low and extreme highs contributes to a voltage drop in conductors used for power pole lines.

This necessitates that voltage drops be considered.

More restrictive electric vehicle charging standards, construction and demolition waste recovery requirements, and building electrification requirements would not have a negative impact on the temperature conditions within the County.

4. Winds

(a) Conditions

Prevailing winds in many parts of Contra Costa County are from the north or northwest in the afternoons. However, winds are experienced from virtually every direction at one time or another. Velocities can reach 14 mph to 23 mph ranges, gusting to 25 to 35 mph. 40 mph winds are experienced occasionally and winds up to 55 mph have been registered locally. During the winter half of the year, strong, dry, gusty winds from the north move through the area for several days creating extremely dry conditions.
303
FINDINGS FOR ORDINANCE NO. 2022-35
7 (b) Impact

Winds such as those experienced locally can and do exacerbate fires, both interior and exterior, to burn, and spread rapidly. Fires involving non-irrigated weeds, grass, brush, and fires caused by gas line ruptures can grow to a magnitude and be fanned to an intensity beyond the control capabilities of the fire services very quickly even by relatively moderate winds. When such fires are not controlled; they can extend to nearby buildings, particularly those with untreated wood shakes or shingles.

Winds of the type experienced locally also reduce the effectiveness of exterior water streams used by all Contra Costa County Fire Districts on fires involving large interior areas of buildings, fires which have vented through windows and roofs due to inadequate built-in fire protection and fires involving wood shake and shingle building exteriors. Local winds will continue to be a definite factor toward causing major fire losses to buildings not provided with fire resistive roof and siding materials and buildings with inadequately separated interior areas, or lacking automatic fire protection systems, or lacking proper gas shut- off devices to shut off gas when pipes are ruptured, or lacking proper electrical systems. National statistics frequently cite wind conditions, such as those experienced locally, as a major factor where conflagrations have occurred.

More restrictive electric vehicle charging standards, construction and demolition waste recovery requirements, and building electrification requirements, would not have a negative impact on the wind conditions within the County.

II. Necessity of More Restrictive Standards

Because of the conditions described above, the Contra Costa County Board of Supervisors finds that there are building and fire hazards unique to Contra Costa County that require the more restrictive fire protection, structural and design load requirements, and energy and waste management policies set forth in Ordinance No. 2022-35.

 The ordinance amends the 2022 California Building Code by:
o Clarifying the reference to electrical vehicle charging for new residential constructions to include both future and fully operational chargers in accordance with local amendments made to the CGBSC. (§74-4.002(b).)
o Requiring the installation of a smoke detector in each existing flat roof building when a pitched roof is added on top of the existing flat roof, and the solid sheathing of the flat roof is not removed. (§ 74-4.002(c).)
o Requiring most wood shakes or shingles used for exterior wall covering to be fire treated. (§ 74-4.002(d).)
o Requiring special inspections for concrete compressive strength at certain foundations 304
FINDINGS FOR ORDINANCE NO. 2022-35
8 to be consistent with code requirements for concrete at other locations. (§ 74-

4.002(e).)
o Addressing the poor performance of plain concrete structural elements during seismic events. (§ 74-4.002(f), § 74-4.002(h), § 74-4.002(i).)
o Prohibiting placement of reinforcement while the concrete is in a semifluid condition thus increasing quality control during construction. Enhanced quality control is necessary because of seismic considerations. (§ 74-4.002(g).)

 The ordinance amends the 2022 California Residential Code by:
o Requiring the installation of a smoke detector in each existing flat roof building when a pitched roof is added on top of the existing flat roof, and the solid sheathing of the flat roof is not removed. (§ 74-4.004(c).)
o Prohibiting the use of gypsum wallboard as braced wall panels in single- and two- family dwellings and accessory structures, and by limiting the use of Portland Cement Plaster braced walls to only one story single- and two-family dwellings, as these materials have performed poorly during recent California seismic events. (§74-

4.004(d), and §74-4.004(e).)

 The ordinance amends the 2022 California Green Building Standards Code by:
o Imposing more restrictive electric vehicle charging standards, as follows:
 Amending the definition of electric vehicle charging space to include both current and future installations in contrast to the statewide code that includes only future installations in the definition. (§ 74-4.006(a).)
 For new multi-family buildings:
 Requiring five percent of the total number of parking spaces (but not less than one space) be fully operational Electric Vehicle Charging Spaces (“EV spaces”) for all multi-family buildings irrespective of the number of units . Statewide code only requires five percent fully operational EV spaces for new multi-family developments with 20 or more units. (§ 74-4.006(d), and § 74-4.006(e).)  For new non-residential buildings:
 Requiring that the number of EV spaces in new construction provide fully operational EVSE exceeding the number required by the statewide code consistent with current local amendments. (§ 74-4.006(i), and § 74-4.006(j).) o Imposing more restrictive construction waste reduction, disposal and recycling standards consistent with those presently enforced in the County as follows:
 Imposing the mandatory restrictions from Chapter 4 of the 2022 CGBSC on certain projects for existing residential buildings, including:
 Projects that increase the total combined conditioned and unconditioned building area by 5,000 square feet or more. ((§ 74-4.006(b).)
 Projects that impact 5,000 square feet or more of the total combined conditioned and unconditioned building area. ((§ 74-4.006(b).)
 Demolition projects when a demolition permit is required, except demolition projects that are necessary to abate a public nuisance. (§ 74-4.006(b), and § 74-

4.006(c).)
305
FINDINGS FOR ORDINANCE NO. 2022-35
9  Eliminating the exception from construction waste management requirements for projects solely based on their isolated location from diversion facilities. ((§ 74-

4.006(f).)
 Requiring measuring of all generated debris to ensure that at least 65% is diverted from landfills. (§ 74-4.006(i), and § 74-4.006(o).)
 Requiring more comprehensive documentation for construction waste management be provided to the enforcing agency and making submittal of the same a prerequisite for scheduling final inspections. (§ 74-4.006(g), and § 74-4.006(m).)

 The amendments to the 2022 California Existing Building Code are not substantive in nature and are limited to administrative provisions for the use and enforcement of this Code, and to be consistent with the administrative provisions of the statewide codes as amended.

 The ordinance amends the 2022 California Energy Code by:
o Adding the definition of an all-electric building to mean a building that has no natural gas or propane plumbing within the building, and that uses electricity as its sole source of energy. (§ 74-4.010(b).)
o Requiring that all newly constructed residential, detached accessory dwelling unit, hotel, office, and retail type buildings that do not have vested rights before June 1, 2022 be all- electric building s. The statewide code has no mandatory building electrification requirements. (§ 74-4.010(a).)

306

Ordinance No. 539

ORDINANCE NO. 539

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HERCULES AMENDING C H A P T E R 5 O F TITLE 9 OF THE H E R C U L E S M U N I C I P A L C O D E

TO REQUIRE CERTAIN NEWLY CONSTRUCTED BUILDINGS TO BE ALL - ELECTRIC BUILDINGS.

WHEREAS, the 2022 Edition of the California Building Standards Code (CBSC) will take effect throughout California on January 1, 2023, and provides standards for both the use of natural gas and electricity for substantially the same purposes, such as heating buildings, cooking food, etc.; and

WHEREAS, Health and Safety Code Sections 17958.5 and 18941.5 authorizes local agencies to establish more restrictive building standards than those specified in the CBSC, including, but not limited to, green building standards that are reasonably necessary because of local climatic, geological, or topographical conditions based on and in accordance with the findings required by Health and Safety Code Section 17958.7 and the other requirements imposed by Section 17958.7; and

WHEREAS, consistent with Health and Safety Code sections 17922, 17958, 17958.5, 17958.7, and 18941.5 as well as Public Resources Code section 25402.1(h)(2) and Government Code sections 50020 through 50022.10, the City of Hercules desires to establish more restrictive standards than those contained in the 2022 California Energy Code to require all newly constructed residential buildings, hotels, and office buildings to be constructed as all-electric buildings without natural gas infrastructure.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF HERCULES DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. RECITALS. The above recitals are true and correct. The City Council hereby incorporates the above recitals into this Ordinance by this reference.

SECTION 2. ENVIRONMENTAL REVIEW. This amendment is Categorically Exempt from CEQA pursuant to Section 15061(b)(3) (the “ common sense exemption”) as it can be seen with certainty that there is no possibility the project will have a significant effect on the environment and thus is not subject to CEQA. Adoption of these building standards does not require or authorize any construction or physical impact to the environment, and the standards themselves are intended to reduce greenhouse gas emissions.

SECTION 3. AMENDMENTS. That the City Council of the City of Hercules does hereby amend Hercules Municipal Code, Title 9, Chapter 5, to read as follows:

Sec. 9-5.01 Administration.

These regulations shall be known as the “Electrical Code,” and may be so cited, and will DocuSign Envelope ID: B3AF1753-A82C-4513-ABFC-D5586C182CC9 307

Ordinance No. 539