AGENDA
City of Monte Sereno
Tuesday, November 1, 2022
City Council
7:00 pm
Monte Sereno City Council Chambers18041 Saratoga-Los Gatos Road, Monte Sereno, CA 95030
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Page
CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
ORDERS OF THE DAY
The Mayor, or a majority of the Council by vote, may change the order of business, except for public hearings on the agenda for a set time.
PRESENTATIONS
1. Monte Sereno Police Services Presentation Report January - June 2022 Monte Sereno Police Services Presentation
5 - 10
ORAL COMMUNICATIONS
Persons wishing to address the Council on any matter of City business not listed on the agenda may do so at this time. Each speaker will normally be allotted three minutes, subject to the Mayor or a majority of the Council’s ability to limit the amount of time allocated to speakers based on the number of speakers and the need for expedient administration of City business in light of the number and length of items on the agenda.
WRITTEN COMMUNICATIONS
Copies of communications have been provided to Council for review prior to this meeting. Council Members desiring to read or discuss any written communication may do so at this time. No action may be taken except to place a particular item on a future agenda for Council consideration.
CONSENT CALENDAR
It is recommended that all items listed below be acted on simultaneously unless separate discussion and/or action is required by a Councilmember. One public comment period will be provided, although speakers speaking on more than one item may be allocated additional time by the Mayor or a majority of the Council.
1. Consider and Adopt Resolution Extending Teleconferencing of City Council Meetings Pursuant to Government Code Section 54953 (AB 361)
Staff recommends that the City Council consider and adopt a resolution extending teleconferencing of City Council meeting pursuant to AB 361.
Draft Resolution
11 - 13
2. Approve Warrant List Dated November 1, 2022 in the Amount $47,198.05
Staff recommends the City Council approve the Warrant List.
Staff Report - SR-22-247 - Pdf
14 - 15
3. Approve the Minutes of the September 6, 2022 Regular City Council Meeting, September 20, 2022 Special Joint City Council and Site and Architectural Commission Meeting, September 20, 2022 Regular City Council Meeting, October 4, 2022 Regular City Council Meeting and October 18, 2022 Regular City Council Meeting.
Staff recommends approve the Minutes of the September 6, 2022 Regular City Council Meeting, September 20, 2022 Special Joint City Council and Site and Architectural Commission Meeting, September 20, 2022 Regular City Council Meeting, October 4, 2022 Regular City Council Meeting and October 18, 2022 Regular City Council Meeting. 16 - 35
Staff Report -SR-22-148 - Pdf
PUBLIC HEARINGS
UNFINISHED BUSINESS
NEW BUSINESS
1. Introduction and Waiver of First Reading of (1) Ordinance No. NS-230, an Ordinance of the City Council of the City of Monte Sereno Amending Title 9 of the Monte Sereno Municipal Code to Adopt by Reference Title 24 of the California Code of Regulations, 2022 California Building Standards Code, Including California Residential Code, California Plumbing Code, California Electrical Code, California Mechanical Code, California Green Building Code, California Energy Code, California Fire Code and the California Existing Building Code Subject to the Specified Local Amendments and (2) Ordinance No. NS-231, An Ordinance of the City Council of the City of Monte Sereno Amending Title 9, Buildings and Construction, of the Monte Sereno Municipal Code to Add Sections
9.01.040 and 9.01.060 to Enact Specified Local Amendments to the California Energy Code, 2022 Edition, Title 24, Part 6 and the California Green Building Standards Code, 2022 Edition, Title 24, Part 11 of the California Code of Regulations
Staff recommends that the City Council take the following actions:
(1) Introduce and waive the first reading of Ordinance No. NS-230 (2) Introduce and waive the first reading of Ordinance No. NS-231 Staff Report - SR-22-248 - Pdf
36 - 89
2. Discuss and Provide Direction to Staff Regarding an Accessory Dwelling Unit (ADU) Amnesty Program, Changes to the ADU Owner Occupancy Requirements, and Review of New State Laws
Staff recommends the City Council direct staff to return with an ordinance with an updated ADU amnesty program, changes to the ADU owner occupancy requirements, and incorporation of new state laws into the Monte Sereno Municipal Code.
Staff Report - SR-22-245 - Pdf
90 - 96
3. Informational Report on Administrative Policy to Define New Construction
No Council Action is Required
Staff Report - SR-22-244 - Pdf
97 - 98
COMMITTEE/COMMISSION REPORTS
This time is set aside to allow Councilmembers serving on Council committees or appointed by the City to serve on the boards, commissions or committees of other agencies to present a verbal report on the activities of the respective boards, commissions or committees on which they serve. No discussion or action may be taken other than to place the matter on a future agenda.
Cities Association Board of Directors - Ellahie/Mekechuk Cities Association Legislative Action Committee - Ellahie/Mekechuk Cities Association City Selection Committee - Ellahie/Lawler Valley Transportation Authority PAC - Mekechuk/Leuthold Silicon Valley Animal Control Authority - Lawler/Turner Silicon Valley Clean Energy Authority - Ellahie/Mekechuk West Valley Clean Water Board - Mekechuk/Turner
West Valley Mayors and Managers - Ellahie/Mekechuk
West Valley Sanitation District - Turner/Leuthold
West Valley Solid Waste/Recycling JPA - Mekechuk/Turner Youth Commission - Lawler/Turner
Santa Clara County Library JPA - Leuthold/Lawler
Valley Water Board - Lawler/Turner
COUNCIL MEMBER COMMENTS
This time is set aside to allow Councilmembers to make brief announcements or reports on the Councilmember’s own activities. No discussion or action may be taken other than to place the matter on a future agenda.
CITY MANAGER’S REPORT
FUTURE AGENDA ITEMS
This time is set aside to allow Councilmembers to make a specific request for an item to be placed on a future agenda. No discussion or other action may be taken.
ADJOURN
* All items on the agenda are subject to action/or change by the City Council In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (408) 354-7635. If requested of the City Clerk, agendas and documents in the agenda packet can be made available in appropriate alternative formats to persons with a disability.
Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting. [28CFR 35.102-35.104 ADA Title II]
10/25/2022
1 MONTE SERENO
POLICE SERVICES
REPORT
JANUARY ‐ JUNE 2022
The Department
SWORN PROMOTIONS
Sergeant
Harold Hoyt
Sergeant
Logan Howard
Captain Moye has been with the
department for 20 years. During
his tenure he has been on SWAT,
a Canine handler, assigned to a
County Task Force and helped
develop our DT team.
Sergeant Hoyt lateraled to the
department over nine years
ago. He has since served as a
detective, FTO, and oversees
the Firearms and Range Team.
Sergeant Howard lateraled to the
department over 4 years ago. He
served as a CSO, FTO, and recently
assigned to help oversee and
implement the Department’s first
drone team.
Captain
Derek Moye
Corporal Carrizosa has been
with the department for 23
years. He served two extended
rotations as a Motor officer,
SWAT, Explorer Advisor, FTO and
assisting with the DT team.
Corporal
Mario Carrizosa
Corporal Respicio has been
with the department for 5
years. He is currently on the
SWAT team, served as one of
our Detectives, and is
assigned a Therapy Canine.
Corporal
Manual Respicio
10/25/2022
2 90
79 86
72 74
84 21
40 24
52 31
39 0 20 40 60 80 100 120 140
June
May
April
March
February
January
MONTE SERENO PATROL ACTIVITY – INCIDENTS
Calls For Service Proactive Incidents
Priority 1 Calls Priority 2 Calls Priority 3 Calls
3:58
6:44
8:51
AVERAGE RESPONSE TIMES BY
PRIORITY CALLS
RESPONSE TIME
Reported Vehicle Collisions –Monte Sereno
Date Time Location Primary Collision Factor________
01/20/2022 0825 Saratoga‐Los Gatos Rd./Daves Ave. 22107 CVC – Unsafe Turn 01/21/2022 1745 Saratoga‐Los Gatos Rd./Ridgecrest Ave. 22107 CVC – Unsafe Turn 03/22/2022 1122 Winchester Blvd./Daves Ave. 22107 CVC – Unsafe Turn 05/11/2022 1615 15400 Blk. Via Caballero 22107 CVC – Unsafe Turn 05/20/2022 1520 La Rinconada Dr./Clara St. 21803 CVC – Failure to yield 05/21/2022 1907 Via Caballero/Daves Ave. 23152 CVC – DUI 06/22/2022 0958 Daves Ave./Winchester Blvd. 22350 CVC – Unsafe Speed 19%
28% 30%
23%
Top Primary Collision Factors
Los Gatos & Monte Sereno
January 2022‐ June 2022
Unsafe Speed Unsafe Turn Right of Way DUI
10/25/2022
3 NOTABLE CASES
Stolen Vehicle & Resisting Arrest Arlee Dr/ Rose Ave
~ 2 AM, Officers located a stolen vehicle driving slowly on Rose Avenue near Arlee Drive. Once the suspects noticed the officers, they stopped the vehicle and fled on foot but were apprehended and booked into jail.
Stolen Vehicle & Narcotics 17000 Blk. Eaton Ln.
~ Midnight, Officers responded to Eaton Lane on the report of a possible burglary in progress. Upon arrival, Officers contacted one person in a vehicle and two people near the front door of the residence. A records check on the vehicle showed it was stolen from a car lot in San Jose. A records check on the other two subjects showed they both had warrants for their arrest for multiple drug and theft related charges. During a search of their property narcotic were located. The vehicle was towed from the scene and all three subjects were arrested. Trespass and Warrant 15000 Blk. Via Palomino
~ 3:30 PM, Officers responded to a regarding a report of a suspicious person yelling and looking into their residence. When Officers arrived at the scene, the suspect vehicle was driving away and Officers conducted a traffic enforcement stop on the vehicle. The driver had an outstanding warrant, was arrested and booked into county jail.
Hate Incident 16000 Blk. Rose Ave.
~ 8 AM, Officers were made aware of residents in LG and MS finding a plastic bag in front of their home that contained dry rice and an antisemitic message.
Surveillance video and The Flock database was helpful in the investigative efforts. An educational social media message was posted by LGMSPD, and contact was made with Jewish organizations in town. The packets were similar to those delivered previously in cities around the United States.
Flock Safety ALPR System
The Flock Safety Automated License Plate Readers (ALPR) System consists of a deployment of strategically placed cameras throughout an area to provide greater coverage
and detailed information for law enforcement to assist as a crime deterrent and investigative tool.
10/25/2022
4 Mental Health Resources and Partnerships
Therapy Canine Program Vulnerable Communities
Response Liaison
9‐8‐8
National initiative that
shifts mental health
crisis calls away from law
enforcement
Mobile Crisis Response
Team (MCRT)
Mobile Response And
Stabilization Services
(M.R.S.S)
VOLUNTEERS
EMERGENCY PREPAREDNESS
• C.E.R.T.
• D.A.R.T.
NEIGHBORHOOD WATCH
• 4 Neighborhood Watch Meetings held
• 3 New NW groups were deployed
• These meetings provide crime statistics and
preventable education, while also allowing
an opportunity for community conversations
related to issues in specific neighborhoods
• EXPLORERS
• VOLUNTEERS IN
POLICING (V.I.P.)
• VICTIM SERVICES UNIT
(V.S.U.)
10/25/2022
5 Community
Outreach
• Coffee with a Cop
• Walk with a Cop
• Community Police Academy
• Therapy Canine program
• CERT Evacuation and Water
Drills – April 2022
Community
Outreach NATIONAL NIGHT OUT
SNAP
OPERATION CARE
VACATION CHECKS
MEDIA
ON WATCH
ONLINE REPORTING
10/25/2022
6 QUESTIONS
RESOLUTION NO. 22-XXXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO AUTHORIZING
VIRTUAL CITY COUNCIL MEETINGS DURING DECLARED STATE OF EMERGENCY PURSUANT TO GOVERNMENT CODE SECTION 54953 (AB 361)
WHEREAS, AB 361 was recently signed by the Governor of the State of California, enacting certain changes to the Brown Act as set forth in Government Code section 54953; and
WHEREAS AB 361 authorizes local legislative bodies to continue having purely virtual meetings using teleconferencing and virtual meeting technology as long as there is a gubernatorial “proclaimed state of emergency,” and either (1) state or local officials imposing or recommending measures that promote social distancing or (2) the legislative body finding that meeting in person would present an imminent safety risk to attendees; and
WHEREAS, the state of emergency proclaimed by the Governor on March 4, 2020 related to the pandemic of coronavirus commonly as COVID-19 has not been rescinded and remains in effect; and
WHEREAS, new variants of COVID-19 have developed, and risks of illness or death due to such variants remains significant to the general public; and WHEREAS, the CDC reports that for the period between September 8, 2022 and September 15, 2022 that Santa Clara County had “low” community transmission with 120.5 case rate per 100,000 population, 8.2 new COVID-19 admissions per 100,000 population, and 4.7% staffed inpatient beds in use by patients with confirmed COVID-19; WHEREAS, the County of Santa Clara Health Officer ordered on August 2, 2021, that face coverings be used in all indoor settings, including all governmental meetings, and recommended that governmental entities move operations and activities outdoors where possible as a result of the continued transmission of the Delta and Omicron Variant of COVID-19;
WHEREAS, the City Council, acting as a legislative body pursuant to Government Code section 54952(a) and for the benefit of the commissions, committees and other bodies that were created by the City Council pursuant to Government Code section
54952(b) (collectively referred to as “Legislative Bodies”), finds that the current conditions meet the circumstances set forth in Government Code section 54953(e)(3) to allow Legislative Bodies to continue to use teleconferencing to hold open and public meetings if the Legislative Bodies comply with the requirements set forth in Government Code section 54953(e)(2) to ensure the public can safely participate in and observe local government meetings.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Monte Sereno that:
1. The City Council determines that the pandemic of COVID-19 creates an imminent safety risk to councilmembers and other potential attendees of City Council meetings.
2. In accordance with AB 361, the City Council shall re-consider the passage of this resolution not less than every 30 days to determine whether state of emergency continues to directly impact the ability of the members to meet safely in person, or whether state or local officials continue to impose or recommend measures to promote social distancing, until this resolution is rescinded.
3. The Legislative Bodies, and City staff, are hereby authorized to take all actions necessary to carry out the intent and purpose of this Resolution, including conducting open and public meetings in accordance with Government Code section 54953(e)(2) and other applicable provisions of the Brown Act.
REGULARLY passed and adopted this 1st day of November, 2022.
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED:
Javed I. Ellahie, Mayor
ATTEST:
Gloisy Gonzalez-Langarica, Deputy City Clerk
STAFF REPORT
Meeting: City Council - Nov 01 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Reynold Samoranos,
Department: Finance Manager
Title: Approve Warrant List Dated November 1, 2022 in the Amount $47,198.05 Recommendation(s):
Staff recommends the City Council approve the Warrant List.
Background Information:
Analysis:
California Environmental Quality Act:
Fiscal Impact:
There are no unbudgeted fiscal impact with this agenda item.
Alternatives:
Conclusion:
Public Noticing:
The City Council's agenda was posted at City Hall and the agenda and this report appear on the City's website.
Attachments:
2022 11 01 Warrants List
CITY OF MONTE SERENO
REGISTER OF ACCOUNTS PAYABLE AS OF THESE DATES:
November 1, 2022
CHECK
NO. TO FOR AMOUNT ACCOUNT NO.
20041 Vantagepoint Transfer
Agent-30 Fund 457 Plan for October 2022 2,916.64 01-660 20042 Alana Consulting, LLC
1) Hourly Services 08/29/2022 to
09/25/2022 ($8280) and 2) e-Permit
development ($6440)
14,720.00 01-765
20043 Anago Franchising, Inc November 2022 Janitorial services for City Hall 330.00 01-860
20044 BKF Engineers Hwy 9 Safety Improvement Gap Closure thru Monte Sereno Project (CIP-2022-E) 1,810.00 05-870
20045 BMI Imaging Systems Web hosting October 2022 225.00 01-715 20046 CIVICPLUS City website annual fee for hosting and support. 6,521.92 01-720
20047 corodata Shredding,
Inc. Monthly container bin rental 10.00 01-710
20048 Delta Dental of
California Dental premiums for November 2022 469.96 01-635 20049 EMC Planning Group,
Inc.
Complete site inventory work on goals,
policies, and programs. (GEN-2022-B) 8,302.52 01-535
20050 Folger Graphics Quarterly City Newsletter - 1550 quantity printed 1,866.04 01-725
20051 Hillview Design Print
Media
Business cards for Don Wimberly
(interim City Engineer) and Diana
Perkins (City Planner)
213.81 01-725
20052 JZ's Carpet Care Steam clean City Hall carpets 1,260.00 01-860 20053 Pacific Gas & Electric Utilities-electricity for City Hall 09-09- 2022 thru 10-09-2022 377.36 01-705
20054 RICOH USA, INC. Copier rental for City Hall 480.23 01-715 20055 EMC Planning Group,
Inc.
Complete draft goals, policies, and
programs. (GeN-2022-B) 7,694.57 01-535
Total $47,198.05
I, REYNOLD SAMORANOS, FINANCIAL AND ADMINISTRATION OFFICER DO HEREBY CERTIFY THAT THE
PROCEEDING ACCOUNTS HAVE BEEN CHECKED AND FOUND CORRECT TO THE BEST OF MY KNOWLEDGE AND BELIEF.
STAFF REPORT
Meeting: City Council - Nov 01 2022
Agenda Heading: CONSENT CALENDAR
Staff Contact: Gloisy Gonzalez-Langarica,
Department: City Clerk
Title: Approve the Minutes of the September 6, 2022 Regular City Council Meeting, September 20, 2022 Special Joint City Council and Site and Architectural Commission Meeting, September 20, 2022 Regular City Council Meeting, October 4, 2022 Regular City Council Meeting and October 18, 2022 Regular City Council Meeting.
Recommendation(s):
Staff recommends approve the Minutes of the September 6, 2022 Regular City Council Meeting, September 20, 2022 Special Joint City Council and Site and Architectural Commission Meeting, September 20, 2022 Regular City Council Meeting, October 4, 2022 Regular City Council Meeting and October 18, 2022 Regular City Council Meeting.
Fiscal Impact:
There are no unbudgeted fiscal impacts with this agenda item.
Public Noticing:
The City Council’s agenda was posted at City Hall and the agenda and this report appear on the City’s website.
Attachments:
09-06-22 Regular Meeting Minutes DRAFT
09-20-22 Special Meeting Minutes DRAFT
09-20-22 Regular Meeting Minutes DRAFT
10-04-22 Regular Meeting Minutes DRAFT
10-18-22 Regular Meeting Minutes DRAFT
MONTE SERENO CITY COUNCIL
MEETING MINUTES
REGULAR MEETING
7:00 p.m.
September 6, 2022
MEETING CALLED TO ORDER
Mayor Pro Tempore Mekechuk stated that Mayor Ellahie asked that he chair the meeting since the Mayor is out of town for the League of California Cities conference and wireless reception is unstable.
At approximately 7:02 p.m., Mayor Pro Tempore Mekechuk called the meeting to order.
PLEDGE OF ALLEGIANCE
Councilmember Lawler conducted the Pledge of the Allegiance.
ROLL CALL
Present: Councilmember Lawler, Councilmember Leuthold, Councilmember Turner, Mayor Pro Tempore Mekechuk and Mayor Ellahie (joined the meeting at 7:11 p.m.)
Absent: None
Staff Present: City Manager Leonardis, City Attorney Rudin, Finance Officer Samoranos, City Planner Perkins, City Engineer Kahn, Deputy City Clerk Gonzalez-Langarica, and City Clerk Estabillo
Absent: None
ORDERS OF THE DAY
Due to experiencing rolling black outs throughout the City, Mayor Pro Tempore Mekechuk would like to start with item #1 in New Business, following up with the Consent Calendar and then go back to New Business to items #2, #3 and #4 followed by Presentations and Oral Communications. It has been advised that should a quorum be lost; the meeting must be stopped immediately.
NEW BUSINESSS
1. Consideration of the Approval of an Updated Fee Schedule for User and Regulatory Fees Building Consultant Fatapour and City Planner Perkins provided a staff report.
Discussion commenced with regards to the report.
Mayor Pro Tempore Mekechuk opened item for Public Comment. Since there was no one wishing to speak, the Public Comment was closed.
MOTION: Motion by Councilmember Lawler to adopt the draft resolution to the Updated Fee Schedule for User and Regulatory Fees and the Fee Schedule be reviewed and updated each year as part of the budget setting process. Seconded by Mayor Ellahie.
VOTE: Motion passed unanimously. (5-0-0)
CONSENT CALENDAR (TO BE ACTED UPON BY A SINGLE MOTION)
1. Approve the Minutes of the August 16, 2022 Regular City Council Meeting, and the Minutes of the August 25, 2022 Special City Council Meeting
2. Approve Warrant List Dated September 6, 2022 in the Amount of $86,167.64
3. Consider and Adopt Resolution Prohibiting Parking on Certain Segments Daves Avenue Mayor Pro Tempore stated there was an amended copy of the minutes.
Councilmember Lawler confirmed the amended minutes were the August 25th meeting to reflect her attendance.
MOTION: Motion by Councilmember Turner to approve the Consent Calendar.
Seconded by Councilmember Leuthold.
VOTE: Motion passed unanimously. (5-0-0)
NEW BUSINESSS
2. Discuss and Provide Direction to Staff Regarding Potential Changes to the Municipal Code Section 10.01.020.AU Definition of a Structure
City Planner Perkins provided a staff report.
Discussion commenced with regards to the report.
Mayor Pro Tempore Mekechuk opened item for Public Comment.
Public comment was received from the following people:
Stanley
Karen
Mayor Pro Mekechuk Tempore closed Public Comment.
Council would like staff to come back before the end of the year with an analysis of structural coverage in a table that includes the definition and impervious coverage. Would like to be able to see what the percentages are for structural coverage and impervious coverage.
3. Discuss and Provide Direction to Staff Regarding a Potential Accessory Dwelling Unit (ADU) Amnesty Program and Changes to the ADU Owner Occupancy Requirements City Planner Perkins provided a staff report.
Discussion commenced with regards to the report.
Mayor Pro Tempore Mekechuk opened item for Public Comment.
Public comment was received from the following people:
Mr. Lively
Mayor Pro Mekechuk Tempore closed Public Comment.
Council would like for the Amnesty Program to move forward and see the ADU Owner Occupancy on hold until some data is presented with how many homes are actually in the rental market in Monte Sereno, and what the impact of turning homes into rentals with two different families in each parcel would look like.
4. Review and Provide Comments on the Draft 2023-2031 Housing Element City Planner Perkins provided a staff report.
Discussion commenced with regards to the report.
Mayor Pro Tempore Mekechuk opened item for Public Comment. Since there was no one wishing to speak, the Public Comment was closed.
Council authorized staff to submit the document to the State Department of Housing and Community Development (HCD) for review.
PRESENTATIONS
There were none.
ORAL COMMUNICATIONS
There were none.
WRITTEN COMMUNICATIONS
There were none.
PUBLIC HEARINGS
There were none.
UNFINISHED BUSINESS
There were none.
COMMITTEE/COMMISSION REPORTS
Mayor Ellahie stated not having anything specific to report at this time.
Councilmember Lawler shared the Silicon Valley Animal Control Authority is having its annual fundraiser this Saturday, September 10th from 6pm to 9pm at the Triton Museum of Art in Santa Clara. Youth Commission is scheduled to have its first meeting this month. Nothing else to report.
Councilmember Turner invited Council to a CERT Group training scheduled on September 10th from 9:30 to 12pm Council also shared she is attending the League of Cities along with Mayor Ellahie.
Councilmember Leuthold shared there was nothing to report in terms of outside committees and commissions in terms of reporting back on progress of the Ad Hoc Committee on the ADU, things are coming along very well.
Mayor Pro Tempore Mekechuk shared that the VTA the policy advisory committee is meeting this Thursday and will report out at the next meeting as to what transpired. Last week he had a meeting with West Valley Clean Water where he shared a number of things going on that are all good. West Valley Solid Waste had a difficult meeting; he shared the board found that West Valley Solid Waste had to pay liquidated damages in the sum of 83 thousand dollars. Also, on September 10th on Via Sereno there is going to be a meeting regarding neighborhood watch. A joint meeting between Site and Architectural Committee and City Council
COUNCILMEMBER COMMENTS
Mayor Pro Tempore Mekechuk would like to compliment City staff on their extremely hard work with respect to the ADU drive and the assistance of the City Clerk helping him the technical requirements for the West Valley Solid Waste meeting. Lastly, he shared Doug McNeal passed away and his family came out with a memorial drive that will be taking place on October the 8th at Coyote Point.
Mayor Ellahie wanted to acknowledge Ishaan’s hard work in assisting with the ADU project. He also thanked the staff for helping to organize the annual picnic.
CITY MANAGER’S REPORT
City Manager Leonardis stated that during this extreme heat wave if there are members of the public that find themselves in a position where they need to cool off, it was suggested that they utilize a cool station such as the Los Gatos and Saratoga Libraries as well as the City of Monte Sereno’s Council Chambers.
FUTURE AGENDA ITEMS
There were none.
ADJOURN
The meeting adjourned at approximately 9:02 p.m.
Javed I. Ellahie, Mayor
ATTEST:
_______________________________
Gloisy Gonzalez-Langarica, Deputy City Clerk
MONTE SERENO JOINT CITY
COUNCIL AND SITE &
ARCHECTURAL COMMISSION
MEETING MINUTES
SPECIAL MEETING
5:30 p.m.
September 20, 2022
MEETING CALLED TO ORDER
At approximately 5:30 p.m., Mayor Ellahie called the meeting to order.
ROLL CALL
Present: Councilmember Lawler, Councilmember Leuthold, Councilmember Turner, Mayor Pro Tempore Mekechuk and Mayor Ellahie
Commissioner Zeidler, Commissioner Sharma, Commissioner Bucher, Balasubramanian and Chair White
Absent: None
Staff Present: City Manager Leonardis, City Attorney Rudin, City Planner Perkins, and City Clerk Estabillo
Absent: None
NEW BUSINESSS
1. Update from the Housing Element Update Ad Hoc Committees Regarding the Status of Outreach and Incentives for Creating Accessory Dwelling Units City Planner Perkins provided a staff report.
Discussion commenced with regards to the report.
Mayor Ellahie opened item for Public Comment.
Public comment was received from the following people:
Ishaan Prasad
Mayor Ellahie closed Public Comment.
Council has provided direction to staff to create a second mailing to the Monte Sereno Residents to help encourage them to sign up.
ADJOURN
The meeting adjourned at approximately 6:30 p.m.
Javed Ellahie, Mayor
ATTEST:
____________________________________
Gloisy Gonzalez-Langarica, Deputy City Clerk
MONTE SERENO CITY COUNCIL
MEETING MINUTES
REGULAR MEETING
7:00 p.m.
September 20, 2022
MEETING CALLED TO ORDER
At approximately 7:00 p.m., Mayor Ellahie called the meeting to order.
PLEDGE OF ALLEGIANCE
Mayor Pro Tempore Mekechuk conducted the Pledge of the Allegiance.
ROLL CALL
Present: Councilmember Lawler, Councilmember Leuthold, Councilmember Turner, Mayor Pro Tempore Mekechuk and Mayor Ellahie
Absent: None
Staff Present: City Manager Leonardis, City Attorney Rudin, Finance Officer Samoranos, City Planner Perkins, Deputy City Clerk Langarica-Gonzalez, City Clerk Estabillo, and Building Consultant Fatapour
Absent: None
ORDERS OF THE DAY
There were none.
PRESENTATIONS
Commendation to Ishaan Prasad
Mayor Ellahie presented a Commendation to Ishaan Prasad and thanked him for outreach effort to promote the building of accessory dwelling units to fulfill the City's housing element requirements.
Ishaan thanked the Mayor
ORAL COMMUNICATIONS
There were none.
WRITTEN COMMUNICATIONS
There were none.
CONSENT CALENDAR (TO BE ACTED UPON BY A SINGLE MOTION)
(Item #6 was pulled for further discussion)
1. Approve Warrant List Dated September 20, 2022 in the Amount $179,184.39
2. Accept the Treasurer's Report for the Period Ending June 30, 2022
3. Accept Revenues and Expenditures Report for the Month Ending June 30, 2022
4. Accept the LAIF Investment Report for June 30, 2022
5. Accept the Significant Full Year To Date Variances to Mid-Year Budget Narrative for the Month Ending June 30, 2022
6. Consider and Adopt Resolution Extending Teleconferencing of City Council Meetings Pursuant to Government Code Section 54953 (AB 361)
7. Adopt a Resolution Initiating Annexation Proceedings and Setting a Date for Consideration of the Annexation of an Uninhabited Area of Approximately 0.6 Acres Located Along Lucky Drive, APN 510- 31-077.
MOTION: Motion by Mayor Pro Tempore Mekechuk to approve the Consent Calendar except item #6. Seconded by Councilmember Lawler.
VOTE: Motion passed unanimously. (5-0-0)
Consider and Adopt Resolution Extending Teleconferencing of City Council Meetings Pursuant to Government Code Section 54953 (AB 361)
MOTION: Motion by Mayor Pro Tempore Mekechuk to Adopt Resolution Extending Teleconferencing of City Council Meetings Pursuant to Government Code Section 54953 (AB 361. Seconded by Councilmember Lawler.
VOTE: Motion passed unanimously. (5-0-0)
PUBLIC HEARINGS
There were none.
UNFINISHED BUSINESS
There were none.
NEW BUSINESSS
1. Discuss and Provide Direction to Staff Regarding Reach Codes for Electrification and Water Efficiency in New Construction
City Planner Perkins provided a staff report on Reach Codes for Electrification New Construction.
Discussion commenced with regards to the report.
Mayor Ellahie opened item for Public Comment.
Public comment was received from the following people:
Mr. Lu
Mr. Newton
Mr. Lavin
Mayor Ellahie closed item for Public Comment.
Council provided direction for staff to bring the Reach Codes for Electrification in New Construction back for formal adoption in a future meeting.
City Planner Perkins provided a staff report on Reach Codes for Water Efficiency in New Construction.
Discussion commenced with regards to the report.
Mayor Ellahie opened item for Public Comment.
Council provided direction for staff to include the hot water recirculating system in Reach Codes for Water Efficiency in New Construction and return for formal adoption in a future meeting.
COMMITTEE/COMMISSION REPORTS
Mayor Ellahie shared not having anything to report on his committees. He did also want to share on the League of Cities and how it was well attended and how they had a lot of seminars with good coverage on the legal seminars.
Mayor Pro Tempore Mekechuk had nothing to report.
Councilmember Leuthold reported that he would be having strategic planning coming up with the Santa Clara County Library Board, but nothing else to report.
Councilmember Lawler reported that the Silicon Valley Animal Control Authority had a fundraiser a couple weekends ago, and it was a success. She also shared the first Youth Commission was a good meeting, and they are super excited.
Councilmember Turner spoke about attending the League of Cities and how it was well attended. At the end of the meeting, it was voted on the new officers and local control. Also shared about the Emergency Preparedness and the meeting held by the Twin Creeks Via Caballeros neighborhood watch and how she shared in this meeting about the ADU project.
COUNCILMEMBER COMMENTS
There was none.
CITY MANAGER’S REPORT
City Manager Leonardis shared this Saturday at Los Gatos Youth Park there are three Youth Citizens of the Year that are being recognized by the Town of Los Gatos, City of Monte Sereno, Assemblymember Low, and by County Supervisor Joe Simitian. Shared Mayor Pro Tempore Mekechuk will be there to present the Certificate on behalf of the City of Monte Sereno. An invitation was extended to all the Councilmembers.
FUTURE AGENDA ITEMS
Mayor Ellahie would like to have the SB 9 brought back before the end of the year.
ADJOURN
The meeting adjourned at approximately 9:20 p.m.
Javed I. Ellahie, Mayor
ATTEST:
____________________________________
Gloisy Gonzalez-Langarica, Deputy City Clerk
MONTE SERENO CITY COUNCIL
MEETING MINUTES
REGULAR MEETING
7:00 p.m.
October 4, 2022
MEETING CALLED TO ORDER
At approximately 7:15 p.m., Mayor Ellahie called the meeting to order.
PLEDGE OF ALLEGIANCE
Mayor Pro Tempore Mekechuk conducted the Pledge of the Allegiance.
ROLL CALL
Present: Councilmember Leuthold, Mayor Pro Tempore Mekechuk and Mayor Ellahie
Absent: Councilmember Lawler, Councilmember Turner
Staff Present: City Manager Leonardis, City Attorney Rudin, Finance Officer Samoranos, City Planner Perkins, Deputy City Clerk Langarica-Gonzalez, and City Clerk Estabillo
Absent: None
ORDERS OF THE DAY
There were none.
PRESENTATIONS
Santa Clara County Fire Department Annual Presentation by SCCFD Deputy Chief Mark Shumate and SCCFD Fire Chief Suwanna Kerdkaew.
ORAL COMMUNICATIONS
There were none.
WRITTEN COMMUNICATIONS
There were none.
CONSENT CALENDAR (TO BE ACTED UPON BY A SINGLE MOTION)
(Items 1 and 2 were pulled for further discussion)
1. Approve Warrant List Dated October 4, 2022 in the Amount of $69,624.79
2. Approve the Agreement Between the City of Monte Sereno and the AIMS Corporation
3. Adopt a Resolution Approving the Annexation of an Uninhabited Area of Approximately 0.6 Acres Located Along Lucky Drive, APN 510-31-077
Adopt a Resolution Approving the Annexation of an Uninhabited Area of Approximately 0.6 Acres Located Along Lucky Drive, APN 510-31-077
MOTION: Motion by Mayor Pro Tempore Mekechuk to approve Adopt a Resolution Approving the Annexation of an Uninhabited Area of Approximately 0.6 Acres Located Along Lucky Drive, APN 510-31-077. Seconded by Councilmember Leuthold.
VOTE: Motion passed unanimously. (3-0-2; Absent: Lawler, Turner) Approve Warrant List Dated October 4, 2022 in the Amount of $69,624.79 MOTION: Motion by Mayor Pro Tempore Mekechuk to approve the Warrant List with the exception of removing check numbers 19998, 20008, 20010, 20017 and 20018. Seconded by Councilmember Leuthold.
VOTE: Motion passed unanimously. (3-0-2; Absent: Lawler, Turner) Approve the Agreement Between the City of Monte Sereno and the AIMS Corporation MOTION: Motion by Mayor Pro Tempore Mekechuk to approve the Agreement Between the City of Monte Sereno and the AIMS Corporation. Seconded by Councilmember Leuthold.
VOTE: Motion passed unanimously. (3-0-2; Absent: Lawler, Turner)
PUBLIC HEARINGS
There were none.
UNFINISHED BUSINESS
There were none.
NEW BUSINESSS
There were none.
COMMITTEE/COMMISSION REPORTS
Mayor Pro Tempore Mekechuk shared that the committees he is on are the externals JPAs, an alternate on the Silicon Valley Clean Energy and also a member of the Finance Administration Committee. The Finance Administration Committee is scheduled to meet tomorrow and will be reviewing items that will be usually recommended to the board of directors. The Audit Committee did approve the change in auditors. Has nothing to report on West Valley Clean Water and West Valley Solid Waste as this time.
Councilmember Leuthold reported the Santa Clara County Library JPA is working on their next cycle strategic goals. He would like to invite the Santa Clara County Library JPA to present in a future meeting on their update strategic goals. He also shared he has informed them of his term ending and they will look in having a new representative on the JPA.
Mayor Ellahie report on his meeting with the West Valley Mayor and Managers.
COUNCILMEMBER COMMENTS
Mayor Pro Tempore Mekechuk shared that he and Councilmember Leuthold are on the Housing Element Ad Hoc Committee and wanted to share that 222 property owners signed the ADU letter of intent. Commended Councilmember Leuthold, the S &A Commissioners and City Planner for working on this and getting the numbers up.
Councilmember Leuthold expressed excitement with the Housing Element project and agrees with Mayor Pro Tempore in regards to possibly looking to accept a greater number then 225. Also recognized Ishaan for his work with the project.
Mayor Ellahie also acknowledged everyone’s contribution is the Housing Element project and was thankful. He made the announcement that City Clerk Estabillo would no longer be working with the City. He thanked her for her work during her these past two years.
CITY MANAGER’S REPORT
City Manager Leonardis thanked City Clerk Estabillo for her time with the City and acknowledged tonight would be the last meeting she’d be attending. Deputy City Clerk Gonzalez-Langarica will be stepping in for the time being. He shared that through tonight’s meeting the contract with the Interim Engineer, the City will not be without services. Stated he and the Mayor went to the West Valley Mayors and Managers meeting this week and were part of the Fire Plan for the next serval years.
FUTURE AGENDA ITEMS
Mayor Pro Tempore Mekechuk would like to consider increasing the number from 225 with regards
to the Housing Element.
Councilmember Leuthold agreed with Mayor Pro Tempore. He would like the City Planner can provide an update on the Housing Element progress. He is interested in whether and when the initial draft Housing Element was submitted and if she able to introduce the changes that were discussed in the prior meeting. Wants to make sure they are being proactive with this project. Lastly, he mentioned the Council needs to be involved in the City Clerk process. A special meeting will need to be had in the near future to talk about plans, and the Deputy City Clerks level of interest.
ADJOURN
The meeting adjourned at approximately 8:45.m.
Javed I. Ellahie, Mayor
ATTEST:
____________________________________
Gloisy Gonzalez-Langarica, Deputy City Clerk
MONTE SERENO CITY COUNCIL
MEETING MINUTES
REGULAR MEETING
7:00 p.m.
October 18, 2022
MEETING CALLED TO ORDER
At approximately 7:20 p.m., Mayor Ellahie called the meeting to order.
PLEDGE OF ALLEGIANCE
Mayor Pro Tempore Mekechuk conducted the Pledge of the Allegiance.
ROLL CALL
Present: Councilmember Leuthold, Councilmember Turner
Mayor Pro Tempore Mekechuk and Mayor Ellahie
Absent: Councilmember Lawler
Staff Present: City Manager Leonardis, City Attorney Rudin, Finance Officer Samoranos, City Planner Perkins, and Deputy City Clerk Langarica-Gonzalez
Absent: None
ORDERS OF THE DAY
There were none.
ORAL COMMUNICATIONS
There were none.
WRITTEN COMMUNICATIONS
There was one Written Communication received regarding sponsoring 5-10, Little free libraries. This was attached to the Agenda Mayor Ellahie requested the city manager to look at the request submitted by a Monte Sereno resident and provide a response to the same at a future meeting.
CONSENT CALENDAR (TO BE ACTED UPON BY A SINGLE MOTION)
(Mayor Ellahie recused himself for item#4 due to conflict of interest)
1. Accept the Treasurer’s Report for the Period Ending July 31, 2022
2. Accept the LAIF Investment Report for July 31, 2022
3. Warrant List Dated October 18, 2022, in the Amount 177,873.29 – a. Discussion on the warrant list – Mayor Pro Tempore Mekechuk reported that the ad hoc finance committee had reviewed the invoices submitted by Alana and had not found any double payment.
4. Accept Revenues and Expenditures Report for the Month Ending July 31, 2022 MOTION: Motion by Mayor Pro Tempore Mekechuk to approve the Consent Calendar. Seconded by Councilmember Leuthold.
VOTE: Motion passed unanimously. (3-0-2; Absent: Lawler, Recused: Mayor Ellahie)
PUBLIC HEARINGS
There were none.
UNFINISHED BUSINESS
There were none.
NEW BUSINESSS
1. Consider and Accept the City Manger’s Quarterly Report City Manager Leonardis provided the staff report and council discussed the following:
Council interested in the History project assigned to Ishaan. Turner requested a copy of the contract with Ishaan and an update on the KCAT project regarding Monte Sereno. Mekechuk brought up the laudatory work done by the late Doug McNeil in compiling the history of Monte Sereno and wanted clarification as to who would handle the See Click Fix or Fix Monte Sereno details.
MOTION: Motion by Mayor Pro Tempore Mekechuk to Accept the City Manger’s Quarterly Report. Seconded by Mayor Ellahie.
VOTE: Motion passed unanimously. (4-0-1; Absent: Lawler)
COMMITTEE/COMMISSION REPORTS
Mayor Pro Tempore Mekechuk shared having attended a meeting with the Valley Transportation Authority last week. He also attended the Cities Association Board of Director and has nothing to report back. Shared he has a meeting coming up with the West Valley Clean Water Board.
Councilmember Leuthold stated there have been no changes from the last meeting with the Housing Element. Goal has been met. Shared there has not been a meeting with the Santa Clara County Library yet.
Councilmember Turner shared there have been burglaries at Twin Creeks and Via Encantada and expressed residents are on edge. Shared she has a meeting with the Chief of Police. Requested that City Manager follow up with Jackie Rose in regard to further discussion of possible NICP at the City Hall.
Councilmember Turner also commented that she had a meeting with the Chief of Police and beliefs there is a terrorist threat and recommended a 10x10 Tuff Shed storage facility for NICP be provided for in the city parking lot.
Councilmember Turner also wanted the City to appropriately notify city residents that the Jessica Kahn, the city planner, was no longer with the city and that emails to her would be receive follow up.
Mayor Ellahie shared having attended the Cities Association this month. He will be presenting the JPA being formed by the Cities Association for approval or rejection when it is ready for circulation.
COUNCILMEMBER COMMENTS
Councilmember Leuthold wanted to do a friendly reminder for residents to vote.
CITY MANAGER’S REPORT
City Manager Leonardis provided the staff report and responded to questions raised by council.
FUTURE AGENDA ITEMS
Councilmember Leuthold noted that minutes of past meeting were not provided and that such minutes should be timely presented at a subsequent meeting. He also noted that The Emergency Declaration allowing hybrid or zoom meetings must be on Agenda and presented as required (within 30 days) for council approval to enable council to hold future meetings.
Mayor Ellahie requested that the question of placing the storage box in the city parking lot be brought up at a future meeting
Councilmember Leuthold looked for clarification as to whether the present arrangement with an outside contractor for plan check and similar purposes was cost effective as compared to the previous arrangement where the work was done by a Monte Sereno employee.
ADJOURN
The meeting adjourned at approximately 8:20p.m.
Javed I. Ellahie, Mayor as to all items except
the consent calendar that he recused himself
_________________________________
Bryan Mekechuk, Mayor Pro-Tem, as to the
consent calendar
ATTEST:
_______________________________
Gloisy Gonzalez-Langarica, Deputy City Clerk
STAFF REPORT
Meeting: City Council - Nov 01 2022
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Introduction and Waiver of First Reading of (1) Ordinance No. NS-230, an Ordinance of the City Council of the City of Monte Sereno Amending Title 9 of the Monte Sereno Municipal Code to Adopt by Reference Title 24 of the California Code of Regulations, 2022 California Building Standards Code, Including California Residential Code, California Plumbing Code, California Electrical Code, California Mechanical Code, California Green Building Code, California Energy Code, California Fire Code and the California Existing Building Code Subject to the Specified Local Amendments and (2) Ordinance No. NS-231, An Ordinance of the City Council of the City of Monte Sereno Amending Title 9, Buildings and Construction, of the Monte Sereno Municipal Code to Add Sections
9.01.040 and 9.01.060 to Enact Specified Local Amendments to the California Energy Code, 2022 Edition, Title 24, Part 6 and the California Green Building Standards Code, 2022 Edition, Title 24, Part 11 of the California Code of Regulations
Recommendation(s):
Staff recommends that the City Council take the following actions:
(1) Introduce and waive the first reading of Ordinance No. NS-230 (2) Introduce and waive the first reading of Ordinance No. NS-231 Background Information:
The City of Monte Sereno is currently utilizing the 2019 editions of the California Building Standards Code, Title 24 of the California Code of Regulations, as amended by Title 9 of the Monte Sereno Municipal Code. These codes are updated every three years by the respective code development organization bodies such as the International Code Council (ICC), International Association of Plumbing and Mechanical Officials (IAPMO), and the National Fire Protection Association (NFPA). Proposed changes are submitted to the various code groups, reviewed by the code development committees, and voted on by the general membership at the annual meetings. If a proposed code change is approved, it becomes part of the next edition of the code. In California, the California Building Standards Commission then has authority to further amend and then adopt the codes, which become uniform state law. Once the Commission adopts the codes, local agencies have 180 days to adopt the codes and must enforce the codes.
The 2022 Building Standards Codes have been adopted by the Building Standards Commission and will go into effect on January 1, 2023.
Local agencies are also allowed to make some modifications to the codes as adopted by the Building Standards Commission in accordance with provisions under state law. Local jurisdictions within the State are allowed to amend the codes further based on topographical, climatic or geological conditions as long as the code changes are comparable to or more restrictive than the State codes. If local amendments are not re-adopted before January 1, 2023, the version adopted by the Building Standards Commission applies by default and the local agencies are required to enforce those codes.
Analysis:
The purpose of the Building Standards Code, which includes all of the building codes and fire code, is to safeguard life, safety, health, property, and the public welfare through regulation and control of the use, occupancy, location, and maintenance of structures, and the quality of materials used in their construction. To assure compliance with the codes, City staff reviews plans and conducts inspections of projects.
Since 1994, the City has been working with the Tri-chapter Uniform Code Committee (TUCC), in an effort to provide consistency to all local amendments of the codes. TUCC is a subcommittee of the ICC-Peninsula Chapter, comprised mainly of building officials and plan checkers from numerous jurisdictions in the Bay Area, whose goal is to assist the design and construction community by developing consistent code interpretations among the jurisdictions and maintaining high standards with regard to life and safety issues. The TUCC makes recommendations to the Peninsula Chapter with regard to amendments to the various codes.
The members of the Peninsula Chapter vote on the proposed amendments for adoption.
Similarly, the Santa Clara County Fire Marshals Association meets and reviews the codes to determine if local amendments are warranted and to obtain uniformity in requirements in the area. In support of this goal, staff is recommending adoption of the codes and amendments as agreed upon by the members of TUCC, the ICC-Peninsula Chapter and the Santa Clara County Fire Marshals Association.
The proposed amendments are justified based on the local topographical, climatic and geological conditions that affect the area. The City of Monte Sereno experiences low humidity, high winds and warm temperatures during the summer months creating conditions which are particularly conducive to the ignition and spread of grass, brush and structure fires. Additionally, the City of Monte Sereno is geographically situated adjacent to active earthquake faults capable of producing substantial seismic events. The occurrence of a major earthquake would significantly impact the ability of fire crews to respond to emergencies should the roadways be substantially damaged. In addition, fire suppression capabilities would be severely limited should the water system be extensively damaged during the seismic event. Therefore, mitigation measures are necessary such as: automatic fire suppression systems, communications systems, access to buildings, seismic protection, safety controls and other safeguards in order to minimize the risks to citizens, firefighters and property due to the severity of the fire threat and potential response delays.
Reach Codes
A reach code is a local building code amendment that “reaches” beyond the state minimum requirements for energy efficiency. During the last Building and Fire Code adoption cycle in 2019, the City Council adopted reach codes as amendments to the building codes which required that electric infrastructure (wiring, circuits, and panel capacity) be provided when a gas-fueled water heater, space heating equipment, or stove is installed in new construction.
Additionally, requirements for the pre-wiring for battery storage in new construction was also adopted at that time. Each of these items previously adopted by the City Council as reach codes are mandated in the upcoming 2022 building codes, so these do not need to be included in the local ordinance.
At the September 20, 2022 meeting, the City Council reviewed and discussed potential reach codes for this code adoption cycle and directed staff to include the following for new construction:
• Provide one Level 2 EV-Ready receptacle and associated infrastructure at each enclosed garage parking space, with a maximum of two, and one outside of the garage. • Require all indoor appliances, with the exception of cooking appliances, be electric.
Outdoor appliances can be electrical or gas-fueled.
• Provide an automatic hot water recirculating system.
These items are included in the draft ordinance in Attachment 2.
The proposed reach codes meet the requirements of the California Energy Commission for cost-effectiveness, and are also a cost-effective approach for constituents, contractors, and developers pursuing new construction within the city limits. A copy of the cost effectiveness study is attached and available at:
https://peninsulareachcodes.org/wp-content/uploads/2019/09/2019-Res-NC-Reach-Codes.pdf.
Public Noticing:
The City of Monte Sereno's council meeting agenda was posted on the bulletin board outside of Monte Sereno City Hall and the agenda with this staff report can be accessed on The City of Monte Sereno's website located at www.montesereno.org. Notification of this meeting was also emailed to a list of interested parties and posted on the City’s social media channels.
Attachments:
1. Draft Ordinance NS-230 - Building Code Adoption
2. Draft Ordinance NS-231 - Reach Code Adoption
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ORDINANCE NO. NS-230
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO AMENDING TITLE 9 OF THE MONTE SERENO MUNICIPAL CODE TO ADOPT BY REFERENCE TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, 2022
CALIFORNIA BUILDING STANDARDS CODE, INCLUDING CALIFORNIA
RESIDENTIAL CODE, CALIFORNIA PLUMBING CODE, CALIFORNIA ELECTRICAL
CODE, CALIFORNIA MECHANICAL CODE, CALIFORNIA GREEN BUILDING CODE,
CALIFORNIA ENERGY CODE, CALIFORNIA FIRE CODE AND THE CALIFORNIA
EXISTING BUILDING CODE SUBJECT TO THE SPECIFIED LOCAL AMENDMENTS WHEREAS, each city in California is required to adopt the California Building Standards Code and is authorized to do so by reference under Health and Safety Code section 17922 and Government Code section 50022.2; and
WHEREAS, pursuant to Health and Safety Code section 17958.7, each city in California may enact local amendments to the California Building Standards upon making findings that local amendments are reasonably necessary because of local climatic, geological or topographical conditions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTE SERENO DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby makes the following findings and determinations:
A. The entire Silicon Valley is located in seismic zone D & E. Gypsum wallboard and exterior portland cement plaster have performed poorly during the recent California seismic events. The shear values of gypsum wallboard and portland cement stucco contained in the code are based on mono-directional testing. It is appropriate to limit the use of these products until cyclic load testing is performed and evaluated.
B. The City of Monte Sereno is located in seismic zone D & E. The increased possibility of earthquake activity in the area can affect the availability of emergency services due to damage to the water systems, damage to roadways, debris on roadways and the low priority of single-family homes in emergency conditions.
Historically, fire has been a real danger in the aftermath of earthquake damage, and the occurrence of a major earthquake would significantly impact the ability of fire crews to respond to emergencies should roadways be damaged, or if the water system be extensively damaged during a seismic event.
C. Monte Sereno is located in a hilly area with many canyons and areas of dense wildland vegetation. The area is subject to periods of low rainfall, frequent periods of low humidity and high temperatures, and is subject to gusty winds up to 30 mph. These conditions present an increased fire danger and increase the possibility of fire spreading to other properties that are not easily or directly accessible from the point of origin. The City also experiences low humidity, high wind, and warm temperatures during the summer months creating conditions which are particularly conducive to the ignition and
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spread of grass, brush, and structure fires;
D. The streets within the City are a combination of public and private roadways, which due to the many hills and canyons are narrow and often dead end creating additional problems for vehicles and personnel to respond in emergency situations such as a fire.
E. Due to these climatic, geological, geographical, and topographical conditions, mitigation measures are necessary such as automatic fire suppression systems, communications systems, access to buildings, seismic protection, safety controls for hazardous materials, and other safeguards are necessary in order to minimize the risks to citizens, firefighters, and property resulting from the severity of a fire threat and potential delays in responding to such threats.
SECTION 2. Based on the local climatic, geological, and topographical conditions, identified in Section 1 of this ordinance, the City of Monte Sereno determines and finds that the adoption of specified codes in the Title 24 Building Standards with the following local amendments is reasonably necessary, and that Chapter 9.01 of Title 9 of the Monte Sereno Municipal Code is repealed and replaced with local amendments to read in its entirety as follows:
Chapter 9.01
California Building Standards Code
Sections:
9.01.010 Adoption of Codes and Regulations by Reference
9.01.020 Amendments to Title 24 California Code Of Regulations, Part 2, 2022 California Building Code
9.01.030 Amendments to the Title 24, California Code Of Regulations, Part 2.5, 2022 California Residential Code
9.01.050 Amendments to the Title 24, California Code Of Regulations, Part 9, 2022 California Fire Code
9.01.070 Penalties Adopted.
9.01.010 ADOPTION OF CODES AND REGULATIONS
The City Council of the City of Monte Sereno hereby adopts Title 24 California Code of Regulations, Part 1 - California Administrative Code, 2022 Edition; Part 2 - California Building Standards Code, 2022 Edition, including Appendices I, J, and P; Part 2.5 - California Residential Code, 2022 Edition; Part 3 - California Electrical Code, 2022 Edition; Part 4 - California Mechanical Code, 2022 Edition; Part 5 – California Plumbing Code, 2022 Edition; Part 6 – California Energy Code, 2022 Edition; Part 8 – California Historical Building Code; Part 9 – California Fire Code, 2022 Edition, including Appendix
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B, C, D, and O; Part 10 – California Existing Building Code, 2022 Edition; Part 11 – California Green Building Standards Code (CALGreen), 2022 Edition; and Part 12 – California Referenced Standards Code, 2022 Edition; and Title 25 California Code of Regulations, Division 1, Chapter 1, Sub-chapter 1, State Housing Law Regulations, subject to the specified deletions, amendments, exceptions, and additions as set forth in this chapter. A copy of the adopted provisions of this code shall be filed for use and examination by the public in the office of the City Building Official.
9.01.020 AMENDMENTS TO TITLE 24 CALIFORNIA CODE OF REGULATIONS PART 2, 2022 CALIFORNIA BUILDING CODE
Title 24 of the California Code of Regulations, Part 2, California Building Standards Code, 2022 Edition, is hereby amended in the following manner:
Sections 710A.3.1, 710A.3.2, 710.A3.3, and 710A.3.4 are deleted in their entirety.
Section 903.2 is amended to read as follows:
903.2 Where required. Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21.
For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations.
1. An automatic sprinkler system shall be provided throughout all new buildings and structures, other than Group R occupancies, except as follows:
a. Buildings and structures not located in any Wildland-Urban Interface and not exceeding 1,200 square feet of fire area.
b. Buildings and structures located in any Wildland-Urban Interface Fire Area and not exceeding 500 square feet of fire area.
c. Group S-2 or U occupancies, including photovoltaic support structures, used exclusively for vehicle parking which meet all of the following:
i. Noncombustible construction.
ii. Maximum 5,000 square feet in building area.
iii. Structure is open on not less than three (3) sides nor 75% of structure perimeter.
iv. Minimum of 10 feet separation from existing buildings, or similar structures, unless area is separated by fire walls complying with California Building Code 706.
d. Canopies, constructed in accordance with CBC 406.7.2, used exclusively for weather protection of vehicle fueling pads per CBC 406.7.1 and not exceeding 5,000 square feet of fire area.
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2. An automatic sprinkler system shall be installed throughout all new buildings with a Group R fire area.
Exception: Accessory Dwelling Unit, provided that all of the following are met:
a. The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2.
b. The existing primary residence does not have automatic fire sprinklers.
The construction of an ADU will not trigger requirements to add fire sprinklers in any existing primary dwelling or existing multifamily dwelling accordance with Gov. Code 65852.2.
3. An approved automatic fire sprinkler system shall be installed in new manufactured homes (as defined in California Health and Safety Code Sections 18007 and 18009) and multifamily manufactured homes with two dwelling units (as defined in California Health and Safety Code Section 18008.7) in accordance with Title 25 of the California Code of Regulations.
4. An automatic sprinkler system shall be installed throughout existing buildings with a Group R fire area when additions are made causing the fire area to exceed 3,600 square feet.
Exception 1: Additions where all of the following are met:
a. Building addition does not exceed 500 square feet.
b. The resultant structure meets all water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code.
Exception 2: The construction of an ADU will not trigger requirements to add fire sprinklers in any existing primary dwelling or existing multifamily dwelling accordance with Gov. Code 65852.2.
5. An automatic sprinkler system shall be provided throughout existing Group A, B, E, F, L, M, S and U buildings and structures, when additions are made that increase the fire area to more than 3,600 square feet or that create conditions described in Sections 903.2.1 through 903.2.18.
6. Any change in the character of occupancy or in use of any building with a fire area equal to or greater than 3,600 square feet which, in the opinion of the fire code official or building official, would place the building into a more hazardous division of the same occupancy group or into a different group of occupancies and constitutes a greater degree of life safety1 or increased fire risk2, shall require the installation of an approved fire automatic fire sprinkler system. However, the construction of an ADU will not trigger requirements to add fire sprinklers in any existing primary dwelling or existing multifamily dwelling accordance with Gov. Code 65852.2.
1 Life Safety – Shall include, but not limited to: Increased occupant load, public assembly areas, public meeting areas, churches, indoor amusement attractions, buildings with complex exiting systems due to increased occupant loads, large
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schools/day-care facilities, large residential care facilities housing non-ambulatory clients.
2 Fire Risks – Shall include, but not limited to: High-piled combustible storage, woodworking operations, hazardous operations using hazardous materials, increased fuel loads (storage of moderate to highly combustible materials), increased sources of ignition (welding, automotive repair with the use of flammable liquids and open flames).
Section 1505.1.2 is amended to read:
1505.1.2 Roof coverings in all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A.
Section 1505.1.3 is amended to read:
1505.1.3 Roofing coverings within the Wildland-Urban Interface Fire Area. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A.
Roofing requirements for structures located in a Wildland-Urban Interface Fire Area shall also comply with Section 705A.
Section 1705.3 is amended to read:
1705.3 Concrete Construction. Special inspections and tests of concrete construction shall be performed in accordance with this section and Table 1705.3.
Exceptions: Special inspections and tests shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less above grade plane that are fully supported on earth or rock, where the structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pounds per square inch (psi) (17.2 MPa).
2. Continuous concrete footings supporting walls of buildings three stories or less above grade plane that are fully supported on earth or rock where:
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2.1. The footings support walls of light-frame construction;
2.2. The footings are designed in accordance with Table 1809.7; or
2.3. The structural design of the footing is based on a specified compressive strength, f’c, no greater than 2,500 pounds per square inch (psi) (17.2 MPa), regardless of the compressive strength specified in the construction documents or used in the footing construction.
3. Nonstructural concrete slabs supported directly on the ground, including prestressed slabs on grade, where the effective prestress in the concrete is less than 150 psi (1.03 MPa).
4. Concrete foundation walls constructed in accordance with Table 1807.1.6.2.
5. Concrete patios, driveways and sidewalks, on grade.
Section 1905.1.7 ACI 318, Section 14.1.4 is amended to read:
1905.1.7 ACI 318, section 14.1.4. ACI 318 is deleted, and reads:
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) Omitted.
(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 footing supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than
0.002 times the gross cross-sectional area of the footing. A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at corners and intersections.
9.01.030 AMENDMENTS TO TITLE 24 OF CALIFORNIA CODE OF
REGULATION, PART 2.5, 2022 CALIFORNIA RESIDENTIAL CODE
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Title 24 of the California Code of Regulations, Part 2.5, California Residential Code, 2022 Edition, is hereby amended in the following manner:
Section R310.1 is amended to delete exceptions #2 and #5 in their entirety.
Section R313.1 is amended to read:
R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in all new townhouses and in existing townhouses when additions are made that increase the building area to more than 3,600 square feet.
Exception 1: Building additions that do not exceed 500 square feet and the resultant structure meets all water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code.
Exception 2: The construction of an ADU will not trigger requirements to add fire sprinklers in any existing primary dwelling or existing multifamily dwelling accordance with Gov. Code 65852.2.
Section R313.1.1 is amended to read:
R313.1.1 Design and installation. Automatic sprinkler systems for townhouses shall be designed and installed in accordance with Section R313 or NFPA 13D.
Section R313.2 is amended to read:
R313.2 One- and two-family dwellings automatic sprinkler systems.
An automatic sprinkler system shall be installed in all new one- and twofamily dwellings and existing one- and two-family dwellings when additions are made that increase the fire area to more than 3,600 square feet.
Exceptions:
1. Accessory Dwelling Unit, provided that all of the following are met:
1.1.The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2.
1.2.The existing primary residence does not have automatic fire sprinklers.
2. When additions are made to existing structures, causing the fire area to exceed 3,600 square feet, and all of the following are met:
2.1.Building addition does not exceed 500 square feet.
2.2.The resultant structure meets all water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code.
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3. The construction of an ADU will not trigger requirements to add fire sprinklers in any existing primary dwelling or existing multifamily dwelling.
Section R328.4 is amended as follows:
R328.4 Locations. ESS shall be installed only in the following locations:
1. Detached garages and detached accessory structures.
2. Attached garages separated from the dwelling unit living space in accordance with Section R302.6.
3. Outdoors or on the exterior side of the exterior walls, and shall be located not less than 3 feet (914 mm) from doors and windows directly entering the dwelling unit and shall not be located below any emergency escape and rescue openings.
4. Enclosed utility closets, basements, storage or utility spaces within dwelling units with finished or noncombustible walls and ceilings. Walls and ceilings of unfinished wood-framed construction shall be provided with not less than 5/8-inch (15.9 mm) Type X gypsum wallboard.
5. ESS shall not be installed in sleeping rooms, or closets or spaces opening directly into sleeping rooms or in habitable spaces of dwelling units.
Section R328.7 is amended as follows:
R328.7 Fire detection. Rooms and areas within dwelling units, basements and attached garages in which ESS are installed shall be protected by smoke alarms in accordance with Section R314. A heat detector, listed and interconnected to the smoke alarms, shall be installed in locations within dwelling units and attached garages where smoke alarms cannot be installed based on their listing.
ESS installed in Group R-3 and townhomes shall comply with the following:
1. Rooms and areas within dwellings units, sleeping units, basements and attached garages in which ESS are installed shall be protected by smoke alarms in accordance with Section R314.
2. A listed heat alarm interconnected to the smoke alarms shall be installed in locations within dwelling units, sleeping units and attached garages where smoke alarms cannot be installed based on their listing.
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Exceptions:
1. A listed heat detector may be used in place of a heat alarm, so long as it is interconnected with devices that provide an audible alarm at all sleeping areas.
2. A fire sprinkler associated with an approved automatic sprinkler system that triggers an audible alarm upon activation of the waterflow switch, may be used in place of a heat alarm.
Section R337.7.10 is amended to read:
R337.7.10 Underside of appendages. The underside of overhanging appendages shall be enclosed to grade in accordance with the requirements of this chapter or the underside of the exposed underfloor shall be protected by one or more of the following:
1. Noncombustible material.
2. Ignition-resistant material. The ignition-resistant material shall be labeled for exterior use and shall meet the requirements of Section R337.7.2.
3. Materials approved for not less than 1-hour fire-resistance-rated construction on the exterior side, as tested in accordance with ASTM E119 or UL 263.
` 4. One layer of 5/8-inch (16 mm) Type X gypsum sheathing applied behind an exterior covering on the underside of the floor projection.
5. The exterior portion of a 1-hour fire-resistance rated exterior assembly, as tested in accordance with ASTM E119 or UL 263, applied to the underside of the appendage, including assemblies using the gypsum panel and sheathing products listed in the Gypsum Association Fire Resistance Design Manual.
6. The underside of a appendage assembly that meets the performance criteria in accordance with the test procedures set forth in SFM Standard 12-7A-3.
Exception:
Structural columns and beams do not require protection when they are constructed with sawn lumber or glue-laminated wood with the smallest minimum nominal dimension of 4 inches (102 mm). Sawn or gluelaminated planks splined, tongue-and-grove, or set close together and well spiked.
Section R337.10.3 is amended to read as follows:
R337.10.3. Where required. Accessory structures shall comply with the requirements of this section.
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Sections R337.10.3.1, R337.10.3.2, R337.10.3.3, and R337.10.3.4 are deleted in their entirety.
Section R602.10.3(3) is amended to read as follows:
(a) Table 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)g
(2) Footnote “g” is added 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.
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 placed on the opposite side of the studs from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method PCP is limited to onestory dwellings and accessory structures.
Section R902.1.2 is amended to read:
R902.1.2 Roof coverings in all other areas. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A.
Section R902.1.3 is amended to read:
R902.1.3 Roofing coverings within the Wildland-Urban Interface Fire Area. The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any oneyear period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class A.
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Roofing requirements for structures located in a Wildland-Urban Interface Fire Area shall also comply with Section R337.5.
9.01.050 AMENDMENTS TO TITLE 24 CALIFORNIA CODE OF REGULATIONS PART 9, 2022 CALIFORNIA FIRE CODE
Title 24 of the California Code of Regulations, Part 9, California Fire Code, 2022 Edition, is hereby amended in the following manner:
Chapter 1 Scope and Administration
SECTION 108 INSPECTIONS
Section 108.5 is added to read as follows:
108.5 Final Inspection. No final inspection as to all or any portion of a development shall be deemed completed until the installation of the required fire protection facilities and access ways have been completed and approved. No final certificate of occupancy may be granted until the Fire Department issues notice of final clearance of such fire protection facilities and access ways to the Building Department.
SECTION 112 VIOLATIONS
Section 112.4 is amended to read as follows:
112.4 Violation Penalties. Persons who shall violate a provision of this Code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Fire Code Official, or of a permit or certificate used under provisions of this Code, shall be subject to code enforcement action by the City in accordance with Title 5 of the Monte Sereno Municipal Code. Persons committing such violation shall be guilty of a misdemeanor, punishable by a fine of not more than $1000 or by imprisonment not exceeding six months, or both fine and imprisonment, unless the violation is made an infraction by the prosecuting authority.
Section 112.4.2 is added to read as follows:
112.4.2 Abatement of Hazard. If any person fails to comply with the order of the Fire Department, or in the event the Fire Department is unable to locate the responsible person within a reasonable time, the Fire Department may take such steps to abate a fire hazard or health hazard as are necessary for the protection of the public health and safety. In no event is notice necessary before abatement when the fire hazard constitutes a clear and present danger to the public welfare. The cost of any such abatement is a debt to the City, of the owner of the premises or who, by his act or inaction, caused the fire hazard. The cost of the abatement shall become a lien on the premises when the need for the abatement and the amount of the cost have been established. It is the intent of this Section to provide a method of hazard abatement on
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private property where no owner or responsible person can be found and the hazard is of a nature requiring immediate action in order to protect the public.
Chapter 2 Definitions
Section 202 is amended to include the following definitions:
CORROSIVE LIQUID. Corrosive liquid is:
1) any liquid which, when in contact with living tissue, will cause destruction or irreversible alteration of such tissue by chemical action; or 2) any liquid having a pH of 2 or less or 12.5 or more; or 3) any liquid classified as corrosive by the U.S. Department of Transportation; or 4) any material exhibiting the characteristics of corrosivity in accordance with Title 22, California Code of Regulations §66261.22.
HEALTH HAZARD – OTHER. A hazardous material which affects target organs of the body, including but not limited to, those materials which produce liver damage, kidney damage, damage to the nervous system, act on the blood to decrease hemoglobin function, deprive the body tissue of oxygen or affect reproductive capabilities, including mutations (chromosomal damage), sensitizers or teratogens (effect on fetuses).
LARGE-SCALE FIRE TESTING. Testing a representative energy storage system that induces a significant fire into the device under test and evaluates whether the fire will spread to adjacent energy storage system units, surrounding equipment, or through an adjacent fire-resistance-rated barrier.
MODERATELY TOXIC GAS. A chemical or substance that has a median lethal concentration (LC50) in air more than 2000 parts per million but not more than 5000 parts per million by volume of gas or vapor, when administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams each.
SPILL CONTROL. That level of containment that is external to and separate from the primary containment and is capable of safely and securely containing the contents of the largest container and prevents the materials from spreading to other parts of the room.
SECONDARY CONTAINMENT. Secondary containment is that level of containment that is external to and separate from primary containment and is capable of safely and securely containing the material, without discharge, for a period of time reasonably necessary to ensure detection and remedy of the primary containment failure.
WORKSTATION. A defined space or an independent principal piece of equipment using flammable or unstable (Class 3 or 4 as ranked by NFPA 704) hazardous materials where a specific function, laboratory procedure or research activity occurs. Approved or listed hazardous materials storage cabinets, flammable liquid storage cabinets or gas cabinets serving a workstation are included as part of the workstation. A workstation is
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allowed to contain ventilation equipment, fire protection devices, detection devices, electrical devices and other processing and scientific equipment.
Chapter 3 General Requirements
SECTION 316 HAZARDS TO FIREFIGHTERS
Section 316.7 is added to read as follows:
316.7 Roof Guardrails At Interior Courts. Roof openings into interior courts that are bounded on all sides by building walls shall be protected with guardrails. The top of the guardrail shall not be less than 42 inches in height above the adjacent roof surface that can be walked on. Intermediate rails shall be designed and spaced such that a 12-inch diameter sphere cannot pass through.
Exception:
Where the roof opening is greater than 600 square feet in area Chapter 5 Fire Service Features
SECTION 503 FIRE APPARATUS ACCESS ROADS
Section 503.1 is amended to read as follows:
503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3 and Santa Clara County Fire Department access road standards.
Section 503.1.1 is amended to read as follows:
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements for this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.
Exceptions:
1. In other than R-3 or U occupancies, when the building is equipped throughout with an approved automatic sprinkler system, installed in accordance with Section 903.3.1.1 the dimension may be increased to a maximum of 300 feet when approved by the fire code official.
2. When there are not more than two Group R-3 or accessory Group U occupancies, the dimension may be increased to a maximum of 200 feet.
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3. When apparatus roads cannot be installed because of topography, waterways, nonnegotiable grades or other similar conditions, an approved alternative means of fire protection shall be provided.
Section 503.2.1 is amended to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm) for engines, and 26 feet (7925 mm) for aerial fire apparatus exclusive of shoulders, except for approved gates or barricades in accordance with Sections 503.5.1 and 503.6. The unobstructed vertical clearance shall be a minimum of 13 feet 6 inches (4115 mm), or as determined by the fire code official.
Exception:
When there are not more than two Group R, Division 3, or Group U parcels, the access road width may be modified by the fire code official.
Section 503.2.4 is amended to read as follows:
503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be a minimum of 30 feet (9144 mm) inside, and a minimum of 50 feet (15240 mm) outside.
Section 503.2.7 is amended to read as follows:
503.2.7 Grade. The maximum grade of a fire department apparatus access road shall not exceed 15-percent, unless approved by the fire code official.
Section 503.5 is amended to read as follows:
503.5 Required gates or barricades. The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails, or other accessways, not including the public streets, alleys, or highways. The minimum width for commercial applications is 20 feet (6096 mm), and 12 feet (4268 mm) for single-family dwellings. Electric gate operators, where provided shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F2200.
Section 503.6 is amended to read as follows:
503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. The minimum width for commercial applications is 20 feet (6096 mm), and 12 feet (4268 mm) for single-family dwellings.
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SECTION 504 ACCESS TO BUILDINGS AND ROOFS
Section 504.5 is added to read as follows:
504.5 Access Control Devices. When access control devices including bars, grates, gates, electric or magnetic locks or similar devices, which would inhibit rapid fire department emergency access to or within the building are installed, such devices shall be approved by the fire code official. All electrically powered access control devices shall be provided with an approved means for deactivation or unlocking from a single location or otherwise approved by the fire code official.
Access control devices shall also comply with Chapter 10 Means of Egress.
SECTION 505 PREMISES IDENTIFICATION
Section 505.1 is amended to read as follows:
505.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background. Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 6 inches (153 mm) high with a minimum stroke width of 1/2 inch (12.7 mm). Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure.
Address identification shall be maintained.
The following is a guideline for adequate address number dimensions:
• The number posted up to 49 feet from the public street shall be of one solid color which is contrasting to the background and be at least six (6) inches high with a half (½) inch stroke.
• The number posted from 50 to 100 feet from the public street shall be of one solid color which is contrasting to the background and be at least six (6) inches high with a one (1) inch stroke.
• The number posted over 100 to 199 feet from the public street shall be of one solid color which is contrasting to the background and be at least ten (10) inches high with a one and a half (1½) inch stroke.
• The number posted over 200 to 299 feet from the public street shall be of one solid color which is contrasting to the background and be at least ten (18) inches high with a one and a half (2) inch stroke.
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• The number posted over 300 to 400 feet from the public street shall be of one solid color which is contrasting to the background and be at least ten (24) inches high with a one and a half (2½) inch stroke.
SECTION 510 EMERGENCY RESPONDER COMMUNICATION COVERAGE
Section 510.1 is amended to read as follows:
510.1 Emergency responder communication coverage in new buildings. Approved radio coverage for emergency responders shall be provided within all buildings meeting any one of the following conditions:
1. There are more than 3 stories above grade plane (as defined by the Building Code Section 202);
2. The total building area is 30,000 square feet or more;
3. The total basement area is 5,000 square feet or more;
4. Where required by the fire code official and radio coverage signal strength levels are not consistent with the minimum levels set forth in Section 510.4.1 Exceptions:
1. Where approved by the fire code official, a wired communication system in accordance with Section 907.2.12.2 shall be permitted to be installed or maintained in lieu of an approved radio coverage system.
2. Where it is determined by the fire code official that the radio coverage system is not needed.
3. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of that facility, the fire code official shall have the authority to accept an automatically activated emergency responder radio coverage system.
4. Buildings and areas of buildings that have minimum radio coverage signal strength levels of the Silicon Valley Regional Interoperability Authority (SVRIA) P25 Phase 2 700 MHz Digital Trunked Radio System within the building in accordance with Section 510.4.1 without the use of an indoor radio coverage system.
The radio coverage system shall be installed and maintained in accordance with Sections 510.4 through 510.6.4 of this code and with the applicable provisions of NFPA 1221, Standard for the Installation, Maintenance and Use of Emergency Services Communications Systems.
The coverage shall be based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems.
Section 510.1.1 is added to read as follows:
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510.1.1 Obstruction by new buildings. No obstruction of the public safety system backhaul shall be allowed without an approved mitigating plan.
Section 510.3 is amended to read as follows:
510.3 Permit required. A construction permit, for the installation of, or modification of, emergency responder radio coverage systems and related equipment is required as specified in Section 105.7.6. Maintenance performed in accordance with this code is not considered a modification and does not require a permit. A frequency change made to an existing system is considered to be new construction and will require a construction permit
Section 510.4 is amended to read as follows:
510.4 Technical requirements. Systems, components and equipment required to provide the emergency responder radio coverage system shall comply with the current Emergency Responders Radio Coverage Systems Standard Details & Specification enforced by the Santa Clara County Fire Department.
Section 510.4.1.1 is amended to read as follows:
510.4.1.1 Minimum signal strength into the building. The minimum inbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The inbound signal level shall be sufficient to provide not less than a Delivered Audio Quality (DAQ) of 3.0 for analog communications and DAQ of 3.4 for digital communications systems or an equivalent Signal-to-Interference-Plus-Noise Ratio (SINR) applicable to the technology.
Section 510.4.1.2 is amended to read as follows:
510.4.1.2 Minimum signal strength out of the building. The minimum outbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The outbound signal level shall be sufficient to provide not less than a DAQ of 3.0 for analog communications and DAQ of 3.4 for digital communications systems or an equivalent SINR applicable to the technology.
Section 510.5 is amended to read as follows:
510.5 Installation requirements. The installation of the emergency responder radio coverage system shall be in accordance with NFPA 1221 and the current Emergency Responder Radio Coverage Systems Standard Details & Specification enforced by the Santa Clara County Fire Department.
Section 510.5.2 is amended to read as follows:
510.5.2 Approval prior to installation. Amplification systems capable of operating on
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frequencies licensed to any public safety agency by the FCC or other radio licensing authority shall not be installed without prior coordination and approval of the fire code official and the agency FCC license holder or systems administrator.
The first paragraph of Section 510.5.4 is amended to read as follows:
510.5.4 Acceptance test procedure. Where an emergency responder radio coverage system is required, and upon completion of installation, the building owner shall have the radio system tested to verify that two-way coverage on each floor of the building is not less than 95 percent. Final system acceptance will require ERRCS power level and DAQ testing with agency FCC license holder, systems administrators, or designee.
Chapter 6 Building Services and Systems
SECTION 603 ELECTRICAL EQUIPMENT, WIRING AND HAZARDS
Section 603.11 is added to read as follows:
603.11 Immersion Heaters. All electrical immersion heaters used in dip tanks, sinks, vats and similar operations shall be provided with approved over-temperature controls and low liquid level electrical disconnects. Manual reset of required protection devices shall be provided.
SECTION 605 FUEL-FIRED APPLIANCES
Section 605.5. is amended to read as follows:
605.5 Portable unvented heaters. Portable unvented fuel-fired heating equipment shall be prohibited in occupancies in Groups A, B, E, I, R-1, R-2, R2.1, R2.2, R-3, R3.1 and R-4 and ambulatory care facilities.
Exceptions:
1. Portable unvented fuel-fired heaters listed in accordance with UL 647 are permitted to be used in one and two-family dwellings, where operated and maintained in accordance with the manufacturer’s instructions.
2. Portable outdoor gas-fired heating appliances in accordance with Section 605.5.2.
Section 605.5.2.1.1 is amended to read in entirety as follows, deleting the exception:
605.5.2.1.1 Prohibited locations. The storage or use of portable outdoor gas-fired heating appliances is prohibited in any of the following locations:
1. Inside of any occupancy where connected to the fuel gas container.
2. Inside of tents, canopies and membrane structures.
3. On exterior balconies. and rooftops.
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Chapter 7 Fire and Smoke Protection Features
SECTION 703 Penetrations
Section 703.3 is added to read as follows:
703.3 Fire-resistant penetrations and joints. In high-rise buildings, in buildings assigned to Risk Category III or IV, or in fire areas containing Group R occupancies with an occupant load greater than 100, and other occupancies as determined necessary special inspections for through-penetrations, membrane penetration firestops, fire resistant joint systems and perimeter fire containment systems that are tested and listed in accordance with CBC Sections 714.4.1.2, 714.5.1.2, 715.3.1 and 715.4 shall be in accordance with Section 1705.18.1 or 1705.18.2.
Chapter 9 Fire Protection and Life Safety Systems
SECTION 901 GENERAL
Section 901.6.2 is amended to read as follows:
901.6.2 Integrated testing. Where two or more fire protection or life safety systems are interconnected, the intended response of subordinate fire protection and life safety systems shall be verified when required testing of the initiating system is conducted. In addition, integrated testing shall be performed in accordance with Sections 901.6.2.1 and 901.6.2.2.
901.6.2.1 High-rise buildings. For high-rise buildings, integrated testing shall comply with NFPA 4, with an integrated test performed prior to issuance of the certificate of occupancy and at intervals not exceeding 10 years, unless otherwise specified by an integrated system test plan prepared in accordance with NFPA 4. If an equipment failure is detected during integrated testing, a repeat of the integrated test shall not be required, except as necessary to verify operation of fire protection or life safety functions that are initiated by equipment that was repaired or replaced. For existing buildings, the testing timeframe shall be specified by the integrated systems test plan prepared in accordance with NFPA 4 as approved by the fire code official.
901.6.2.2 Smoke control systems. Where a fire alarm system is integrated with a smoke control system as outlined in Section 909, integrated testing shall comply with NFPA 4, with an integrated test performed prior to issuance of the certificate of occupancy and at intervals not exceeding 10 years, unless otherwise specified by an integrated system test plan prepared in accordance with NFPA 4. If an equipment failure is detected during integrated testing, a repeat of the integrated test shall not be required, except as necessary to verify operation of fire protection or life safety functions that are initiated by equipment that was repaired or replaced. For existing buildings, the testing timeframe shall
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be specified by the integrated systems test plan prepared in accordance with NFPA 4 as approved by the fire code official.
Section 901.6.3 is amended to read as follows:
901.6.3 Records. Records of all system inspections, tests and maintenance required by the referenced standard shall be maintained on the premises for a minimum of five years. See 907.7 & 907.8 for fire alarm system inspection, testing and maintenance documentation requirements.
SECTION 903 AUTOMATIC SPRINKLER SYSTEMS
Section 903.2 is amended to read as follows:
903.2 Where required. Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21.
For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations.
1. An automatic sprinkler system shall be provided throughout all new buildings and structures, other than Group R occupancies, except as follows:
a. Buildings and structures not located in any Wildland-Urban Interface and not exceeding 1,200 square feet of fire area.
b. Buildings and structures located in any Wildland-Urban Interface Fire Area and not exceeding 500 square feet of fire area.
c. Group S-2 or U occupancies, including photovoltaic support structures, used exclusively for vehicle parking which meet all of the following:
i. Noncombustible construction.
ii. Maximum 5,000 square feet in building area.
iii. Structure is open on not less than three (3) sides nor 75% of structure perimeter.
iv. Minimum of 10 feet separation from existing buildings, or similar structures, unless area is separated by fire walls complying with California Building Code 706.
d. Canopies, constructed in accordance with CBC 406.7.2, used exclusively for weather protection of vehicle fueling pads per CBC 406.7.1 and not exceeding 5,000 square feet of fire area.
2. An automatic sprinkler system shall be installed throughout all new buildings with a Group R fire area.
Exception: Accessory Dwelling Unit, provided that all of the following are met:
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a. The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2.
b. The existing primary residence does not have automatic fire sprinklers.
The construction of an ADU will not trigger requirements to add fire sprinklers in any existing primary dwelling or existing multifamily dwelling in accordance with Gov. Code 65852.2.
3. An approved automatic fire sprinkler system shall be installed in new manufactured homes (as defined in California Health and Safety Code Sections 18007 and 18009) and multifamily manufactured homes with two dwelling units (as defined in California Health and Safety Code Section 18008.7) in accordance with Title 25 of the California Code of Regulations.
4. An automatic sprinkler system shall be installed throughout existing buildings with a Group R fire area when additions are made causing the fire area to exceed 3,600 square feet.
Exception 1: Additions where all of the following are met:
a. Building addition does not exceed 500 square feet.
b. The resultant structure meets all water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code.
Exception 2: The construction of an ADU will not trigger requirements to add fire sprinklers in any existing primary dwelling or existing multifamily dwelling in accordance with Gov. Code 65852.2.
5. An automatic sprinkler system shall be provided throughout existing Group A, B, E, F, L, M, S and U buildings and structures, when additions are made that increase the fire area to more than 3,600 square feet or that create conditions described in Sections 903.2.1 through 903.2.18.
6. Any change in the character of occupancy or in use of any building with a fire area equal to or greater than 3,600 square feet which, in the opinion of the fire code official or building official, would place the building into a more hazardous division of the same occupancy group or into a different group of occupancies and constitutes a greater degree of life safety1 or increased fire risk2, shall require the installation of an approved fire automatic fire sprinkler system. However, the construction of an ADU will not trigger requirements to add fire sprinklers in any existing primary dwelling or existing multifamily dwelling in accordance with Gov.
Code 65852.2.
1 Life Safety – Shall include, but not limited to: Increased occupant load, public assembly areas, public meeting areas, churches, indoor amusement attractions, buildings with complex exiting systems due to increased occupant loads, large schools/day-care facilities, large residential care facilities housing non-ambulatory clients.
2 Fire Risks – Shall include, but not limited to: High-piled combustible storage, woodworking operations, hazardous operations using hazardous materials,
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increased fuel loads (storage of moderate to highly combustible materials), increased sources of ignition (welding, automotive repair with the use of flammable liquids and open flames).
Section 903.2.11.7 is added to read as follows:
903.2.11.7 Chemical Fume Hood Fire Protection.
Approved automatic fire extinguishing systems shall be provided in chemical fume hoods in the following cases:
1. Existing hoods having interiors with a flame spread index greater than 25 in which flammable liquids are handled.
2. If a hazard assessment determines that an automatic extinguishing system is required for the chemical fume hood, then the applicable automatic fire protection system standard shall be followed.
SECTION 907 FIRE ALARM AND DETECTION SYSTEMS
Section 907.8 is amended as follows:
907.8 Inspection, testing and maintenance. The maintenance and testing schedules and procedures for fire alarm and fire detection systems shall be in accordance with Sections 907.8.1 through 907.8.4 and NFPA 72. Records of inspection, testing and maintenance shall be documented using NFPA 72 record of inspection and testing forms.
SECTION 909 SMOKE CONTROL SYSTEMS
Section 909.22.1 is amended as follows:
909.22.1 Schedule. A routine maintenance and operational testing program shall be initiated immediately after the smoke control system has passed the acceptance tests. A written schedule for routine maintenance and operational testing shall be established and operational testing must occur at least annually.
Chapter 12 Energy Systems
SECTION 1202 DEFINITIONS
Section 1202.1.1 is amended to read as follows:
1202.1 Definitions. The following terms are defined in Chapter 2:
BATTERY SYSTEM, STATIONARY STORAGE.
BATTERY TYPES.
CAPACITOR ENERGY STORAGE SYSTEM.
CRITICAL CIRCUIT.
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EMERGENCY POWER SYSTEM.
ENERGY STORAGE MANAGEMENT SYSTEMS.
ENERGY STORAGE SYSTEM (ESS).
ENERGY STORAGE SYSTEM, ELECTROCHEMICAL.
ENERGY STORAGE SYSTEM, MOBILE.
ENERGY STORAGE SYSTEM, WALK-IN UNIT.
ENERGY STORAGE SYSTEM CABINET.
ENERGY STORAGE SYSTEM COMMISSIONING.
ENERGY STORAGE SYSTEM DECOMMISSIONING.
FUEL CELL POWER SYSTEM, STATIONARY.
LARGE-SCALE FIRE TESTING
PORTABLE GENERATOR.
STANDBY POWER SYSTEM.
SECTION 1207 ELECTRICAL ENERGY STORAGE SYSTEMS (ESS)
Section 1207.1.5 is amended to read as follows:
1207.1.5 Large-scale fire test. Where required elsewhere in Section 1207, large-scale fire testing shall be conducted in accordance with NFPA 855, and UL 9540A. The testing shall be conducted or witnessed and reported by an approved testing laboratory and show that a fire involving one ESS will not propagate to an adjacent ESS, and where installed within buildings, enclosed areas and walk-in units will be contained within the room, enclosed area or walk-in unit for a duration equal to the fire-resistance rating of the room separation specified in Section 1207.7.4. The test report shall be provided to the fire code official for review and approval in accordance with Section 104.8.2.
Section 1207.2.2.1 is amended to read as follows:
1207.2.2.1 Ongoing inspection and testing. Systems that monitor and protect the ESS installation shall be inspected and tested in accordance with the manufacturer’s instructions and the operation and maintenance manual. Inspection and testing records shall be maintained in the operation and maintenance manual and made available to the fire code official upon request.
Section 1207.5.2 is amended to read as follows:
1207.5.2 Maximum allowable quantities. Fire areas within rooms, areas and walk-in units containing electrochemical ESS shall not exceed the maximum allowable quantities in Table 1207.5. The allowable number of fire areas, maximum allowable quantity, and fire-resistance rating of fire-barriers shall comply with Table 1207.5.1.
Exceptions:
Where approved by the fire code official, rooms, areas and walk-in units containing electrochemical ESS that exceed the amounts in Table 1207.5 shall be permitted based on a hazardous mitigation analysis in accordance with
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Section 1207.1.4 and large-scale fire testing complying with Section 1207.1.5.
1. Lead-acid and nickel-cadmium battery systems installed in facilities under the exclusive control of communications utilities and operating at less than 50 VAC and 60 VDC in accordance with NFPA 76.
2. Dedicated-use buildings in compliance with Section 1207.7.1.
TABLE 1207.5.1
DESIGN AND NUMBER OF ESS FIRE AREAS
STORY PERCENTAGE
OF MAXIMUM
ALLOWABLE
QUANTITY
PER FIRE
AREA
NUMBER
OF FIRE
AREAS
PER
STORY
FIRERESISTANCE
RATING FOR
FIRE
BARRIERS IN
HOURS
Above grade
plan
Higher than 9
7-9
6 5
4 3
2 1
25 50
50 50
75 100
100
100
1 2
2 2
4 6
6 6
3 2
2 2
2 2
2 2
Below grade
plan
1 2
Lower than 2
100
50 Not Allowed
4 2
Not Allowed
3 3
Not Allowed
Section 1207.5.5 is amended to read as follows:
1207.5.5 Fire suppression systems. Rooms and areas within buildings and walk-in units containing electrochemical ESS shall be protected by an automatic fire suppression system designed and installed in accordance with one of the following:
1. An automatic sprinkler system designed and installed in accordance with Section 903.3.1.1 with a minimum density of 0.3 gpm/ft2 (1.14 L/min) based on the fire area or 2,500 square-foot (232 m2) design area, whichever is larger.
2. Where approved, an automatic sprinkler system designed and installed in accordance with Section 903.3.1.1 with a sprinkler hazard classification based on large-scale fire testing complying with Section 1207.1.5.
3. The following alternative automatic fire-extinguishing systems designed and installed in accordance with Section 904, provided that the installation is approved by the fire code official based on large-scale fire testing complying with Section 1207.1.5:
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3.1. NFPA 12, Standard on Carbon Dioxide Extinguishing Systems.
3.2. NFPA 15, Standard for Water Spray Fixed Systems for Fire Protection.
3.3. NFPA 750, Standard on Water Mist Fire Protection Systems.
3.4. NFPA 2001, Standard on Clean Agent Fire-Extinguishing Systems.
3.5. NFPA 2010, Standard for Fixed Aerosol Fire-Extinguishing Systems.
Exception: Fire suppression systems for lead-acid and nickel-cadmium battery systems at facilities under the exclusive control of communications utilities that operate at less than 50 VAC and 60 VDC shall be provided where required by NFPA 76.
Section 1207.11.3 is amended to read as follows:
1207.11.3 Location. ESS shall be installed only in the following locations:
1. Detached garages and detached accessory structures.
2. Attached garages separated from the dwelling unit living space and sleeping units in accordance with Section R302.6.
3. Outdoors or on the exterior side of the exterior walls not less than 3 feet (914 mm) from doors and windows directly entering the dwelling unit and not below or above any emergency escape and rescue openings.
4. Enclosed utility closets, basements, storage or utility spaces within dwelling units with finished or noncombustible walls and ceilings. Walls and ceilings of unfinished wood-framed construction shall be provided with not less than 5/8- inch (15.9 mm) Type X gypsum wallboard.
5. ESS shall not be installed in sleeping rooms, closets, spaces opening directly into sleeping rooms or in habitable spaces of dwelling units.
Section 1207.11.6 is amended to read as follows:
1207.11.6 Fire detection. ESS installed in Group R-3 and R-4 occupancies shall comply with the following:
1. Rooms and areas within dwellings units, sleeping units, basements and attached garages in which ESS are installed shall be protected by smoke alarms in accordance with Section 907.2.11.
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2. A listed heat alarm interconnected to the smoke alarms shall be installed in locations within dwelling units, sleeping units and attached garages where smoke alarms cannot be installed based on their listing.
Exceptions:
1. A listed heat detector may be used in place of a heat alarm, so long as it is interconnected with devices that provide an audible alarm at all sleeping areas.
2. A fire sprinkler associated with an approved automatic sprinkler system that triggers an audible alarm upon activation of the waterflow switch, may be used in place of a heat alarm.
Chapter 33 Fire Safety During Construction and Demolition SECTION 3305 PRECAUTIONS AGAINST FIRE
Section 3305.5 is amended to read as follows:
3305.5 Fire watch. Where required by the fire code official or the site safety plan established in accordance with Section 3303.1, a fire watch shall be provided for building demolition and for building construction. Fire watch is not intended to facilitate occupancy during ongoing construction in a new building.
Section 3305.10 is added to read as follows:
3305.10 Fire Walls. When firewalls are required in combustible construction, the wall construction shall be completed (with all openings protected) immediately after the building is sufficiently weather-protected at the location of the wall(s).
SECTION 3311 ACCESS FOR FIRE FIGHTING
Section 3311.1 is amended to read as follows:
3311.1 Required access. Approved vehicle access for firefighting shall be provided to all construction or demolition sites. Vehicle access shall be provided to within 100 feet (30 480 mm) of temporary or permanent fire department connections. Vehicle access shall be provided by either temporary or permanent roads, capable of supporting vehicle loading under all weather conditions. Vehicle access shall be maintained until permanent fire apparatus access roads are available.
Section 3311.1.1 is added to read as follows:
3311.1.1 Fire Department Access Roadways: All construction sites shall be accessible by fire department apparatus by means of roadways having an all-weather driving service of not less than 20ft. of unobstructed width. The roads shall have the ability to withstand the live loads of fire apparatus, and have a
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minimum 13ft. 6 in. of vertical clearance. Dead end fire access roads in excess of 150 ft. in length shall be provided with approved turnarounds.
When approved by the Fire Code Official, temporary access roadways may be utilized until such time that the permanent roadways are installed. As a minimum, the roadway shall consist of a compacted sub base and six (6) inches of road base material (Class 2 aggregate base rock) both compacted to a minimum 95% and sealed.
The perimeter edges of the roadway shall be contained and delineated by curb and gutter or other approved method. The use of geotextile reinforcing fabric underlayment or soils lime-treatment may be required if so determined by the project civil engineer.
Provisions for surface drainage shall also be provided where necessary. The integrity of the roadway shall be maintained at all times.
SECTION 3312 MEANS OF EGRESS
Section 3312.1 is amended to read as follows:
3312.1 Stairways Required. Each level above the first story in new multi-story buildings that require two exit stairways shall be provided with at least two usable exit stairways after the floor decking is installed. Exit stairs in new and in existing, occupied buildings shall be lighted and maintained clear of debris and construction materials at all times.
Exception: For new multi-story buildings, one of the required exit stairs may be obstructed on not more than two contiguous floor levels for the purposes of stairway construction (i.e., installation of gypsum board, painting, flooring, etc.).
Section 3312.1.1 is added to read as follows:
Section 3312.1.1 Required Means of Egress. All new buildings under construction shall have at least one unobstructed means of egress. All means of egress shall be identified in the written fire safety plan as required by Section 3303.1.
SECTION 3315 AUTOMATIC FIRE SPRINKLER SYSTEM
Section 3315.1 is amended to read as follows:
3315.1 Completion before occupancy. In buildings where an automatic sprinkler system is required by this code or the California Building Code, it shall be unlawful to occupy any portion of a building or structure until the automatic sprinkler system installation has been tested and approved.
In new buildings of combustible construction where, automatic fire sprinkler systems are required to be installed, the system shall be placed in service as soon as possible.
Immediately upon the completion of sprinkler pipe installation on each floor level, the piping shall be hydrostatically tested and inspected. After inspection approval from the Fire department, each floor level of sprinkler piping shall be connected to the system
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supply riser and placed into service with all sprinkler heads uncovered. Protective caps may be installed on the active sprinklers during the installation of drywall, texturing and painting, but shall be removed immediately after this work is completed. For system activation notification, an exterior audible waterflow alarm shall bell can be installed and connected to the sprinkler waterflow device prior to installation of the monitoring system.
For buildings equipped with fire sprinkler systems that are undergoing alterations, the sprinkler system(s) shall remain in service at all times except when system modifications are necessary. Fire sprinkler systems undergoing modifications shall be returned to service at the end of each workday unless otherwise approved by the fire department. The general contractor or his/her designee shall check the sprinkler control valve(s) at the end of each workday to confirm that the system has been restored to service.
Chapter 49 Requirements for Wildland-Urban Interface Fire Areas SECTION 4901 GENERAL
Section 4901.3 is added to read in entirety as follows:
4901.3 Where applicable.
These requirements shall apply to all areas within the City of Monte Sereno as set forth and delineated on the map entitled "Wildland-Urban Interface Fire Area" which map and all notations, references, data and other information shown thereon are hereby adopted and made a part of this Chapter. The map shall be on file in the Office of the City of Monte Sereno.
These requirements shall not apply where otherwise prohibited by law, or to any land or water areas acquired or managed for one or more of the following purposes or uses:
1. Habitat for endangered or threatened species, or any species that is a candidate for listing as an endangered or threatened species by the state or federal government.
2. Lands kept in a predominantly natural state as habitat for wildlife, plant, or animal communities.
3. Open space lands that are environmentally sensitive parklands.
4. Other lands having scenic values, as declared by the local agency, or by state or federal law.
SECTION 4906 VEGETATION MANAGEMENT
Section 4906.1.1 is added to read as follows:
4906.1.1 Hazardous vegetation and fuels shall be managed to reduce the severity of potential exterior wildfire exposure to buildings, to reduce the risk of fire spreading to buildings, and provide for safe access for emergency wildland fire equipment and civilian evacuation concurrently, as required by applicable laws and standards.
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Section 4906.1.2 is added to read as follows:
4906.1.2 Maintenance required.
Maintenance is required to ensure conformance with these standards and measures, and to assure continued availability, access, and utilization, of the defensible space during a wildfire.
Section 4906.1.3 is added to read as follows:
4906.1.3 Additional measures.
No person subject to these regulations shall permit any fire hazard, as defined in this chapter, to exist on premises under their control, or fail to take immediate action to abate a fire hazard when requested to do so by the enforcing agency.
Section 4906.1.4 is added to read as follows:
4906.1.4 Public Property.
For the purposes of this chapter, vegetation removal or management, undertaken in whole or in part, for fire prevention or suppression purposes shall not be deemed to alter the natural condition of public property.
SECTION 4907 DEFENSIBLE SPACE
Section 4907.3 is amended to read as follows:
4907.3 Requirements. Hazardous vegetation and fuels around all buildings, roads, driveways, and structures shall be maintained in accordance with the following laws and regulations:
1. Public Resources Code, Sections 4291 through 4296.
2. Title 14 California Code of Regulations Section 1299.03.
3. California Government Code, Sections 51175 - 51189.
4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07.
5. Any local ordinance of the City of Monte Sereno.
Chapter 50 Hazardous Materials – General Provisions
SECTION 5001 GENERAL
Section 5001.2.2.2 is amended to read as follows:
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5001.2.2.2 Health Hazards The material categories listed in this section are classified as health hazards. A material with a primary classification as a health hazard can also pose a physical hazard.
1. Highly toxic and toxic materials.
2. Corrosive materials.
3. Moderately toxic gas.
4. Health hazard - Other.
SECTION 5002 DEFINITIONS
Section 5002.1 is amended to read:
5002.1 Definitions. The following terms are defined in Chapter 2:
BOILING POINT.
CEILING LIMIT.
CHEMICAL.
CHEMICAL NAME.
CLOSED CONTAINER.
CONTAINER.
CONTROL AREA.
CYLINDER.
DAY BOX.
DEFLAGRATION.
DESIGN PRESSURE.
DETACHED BUILDING.
DISPENSING.
EXCESS FLOW CONTROL.
EXHAUSTED ENCLOSURE.
EXPLOSION.
FLAMMABLE VAPORS OR FUMES.
GAS CABINET.
GAS ROOM.
HANDLING.
HAZARDOUS MATERIALS.
HEALTH HAZARD.
HEALTH HAZARD – OTHER.
IMMEDIATELY DANGEROUS TO LIFE AND
HEALTH (IDLH).
INCOMPATIBLE MATERIALS.
LIQUID.
LOWER EXPLOSIVE LIMIT (LEL).
LOWER FLAMMABLE LIMIT (LFL).
MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREA.
MODERATELY TOXIC GAS.
NORMAL TEMPERATURE AND PRESSURE (NTP).
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OUTDOOR CONTROL AREA.
PERMISSIBLE EXPOSURE LIMIT (PEL).
PESTICIDE.
PHYSICAL HAZARD.
PRESSURE VESSEL.
SAFETY CAN.
SAFETY DATA SHEET (SDS).
SECONDARY CONTAINMENT.
SEGREGATED.
SOLID.
SPILL CONTROL.
STORAGE, HAZARDOUS MATERIALS.
SYSTEM.
TANK, ATMOSPHERIC.
TANK, PORTABLE.
TANK, STATIONARY.
TANK VEHICLE.
UNAUTHORIZED DISCHARGE.
USE (MATERIAL).
VAPOR PRESSURE.
SECTION 5003 GENERAL REQUIREMENTS
Section 5003.1.3.1 is added to read as follows:
5003.1.3.1 Toxic, Highly Toxic, Moderately Toxic Gases and Similarly Used or Handled Materials. The storage, use and handling of toxic, highly toxic and moderately toxic gases in amounts exceeding Table 6004.2.1.4 shall be in accordance with this chapter and Chapter 60. Any toxic, highly toxic or moderately toxic material that is used or handled as a gas or vapor shall be in accordance with the requirements for toxic, highly toxic or moderately toxic gases.
Section 5003.1.5 is added to read as follows:
5003.1.5 Health Hazards - Other. The storage, use and handling of materials classified as other health hazards including carcinogens, irritants and sensitizers in amounts exceeding 810 cubic feet for gases, 55 gallons for liquids and 5,000 pounds for solids shall be in accordance with Section 5003.
Section 5003.1.6 is added to read as follows:
5003.1.6 Additional Spill Control and Secondary Containment Requirements. In addition to the requirements set forth in Section 5004.2. An approved containment system is required for any quantity of hazardous materials that are liquids or solids at normal temperature, and pressure (NTP) where a spill is determined to be a plausible event and where such an event would endanger people, property or the environment. The approved
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containment system may be required to include a combination of spill control and secondary containment meeting the design and construction requirements set forth in Section 5004.2.
Section 5003.2.2.1 is amended to read as follows:
5003.2.2.1 Design and Construction. Piping, tubing, valves, fittings and related components used for hazardous materials shall be in accordance with the following:
1. Piping, tubing, valves, fittings and related components shall be designed and fabricated from materials that are compatible with the material to be contained and shall be of adequate strength and durability to withstand the pressure, structural and seismic stress, and exposure to which they are subject.
2. Piping and tubing shall be identified in accordance with ASME A13.1 and the Santa Clara County Fire Chiefs Marking Requirements and Guidelines for Hazardous Materials and Hazardous Waste to indicate the material conveyed.
3. Manual valves or automatic remotely activated fail-safe emergency shutoff valves shall be installed on supply piping and tubing and provided with ready access at the following locations:
3.1. The point of use.
3.2. The tank, cylinder or bulk source.
4. Manual emergency shutoff valves and controls for remotely activated emergency shutoff valves shall be clearly visible, provided with ready access and identified in an approved manner.
5. Backflow prevention or check valves shall be provided where the backflow of hazardous materials could create a hazardous condition or cause the unauthorized discharge of hazardous materials.
6. Where gases or liquids having a hazard ranking of:
Health hazard Class 3 or 4
Flammability Class 4
Reactivity Class 4
in accordance with NFPA 704 are carried in pressurized piping above 15 pounds per square inch gauge (psig)(103 Kpa), an approved means of leak detection, emergency shutoff or excess flow control shall be provided. Where the piping originates from within a hazardous material storage room or area, the excess flow control shall be located within the storage room or area. Where the piping originates from a bulk source, the excess flow control shall be located as close to the bulk source as practical.
Exceptions:
1. Piping for inlet connections designed to prevent backflow.
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2. Piping for pressure relief devices.
7. Secondary containment or equivalent protection from spills or leaks shall be provided for piping for liquid hazardous materials and for highly toxic and toxic corrosive gases above threshold quantities listed in Table 6004.2.1.4. Secondary containment includes, but is not limited to double-walled piping.
Exceptions:
1. Secondary containment is not required for toxic corrosive gases if the piping is constructed of inert materials.
2. Piping under sub-atmospheric conditions if the piping is equipped with an alarm and fail-safe-to-close valve activated by a loss of vacuum.
8. Expansion chambers shall be provided between valves whenever the regulated gas may be subjected to thermal expansion. Chambers shall be sized to provide protection for piping and instrumentation and to accommodate the expansion of regulated materials.
Section 5003.2.2.2 is amended to read as follows:
5003.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materials.
Supply piping and tubing for gases and liquids having a health hazard ranking of 3 or 4 shall be in accordance with ASME B31.3 and the following:
8.1. Piping and tubing utilized for the transmission of highly toxic, toxic, or highly volatile corrosive liquids and gases shall have welded or brazed connections throughout except for connections within an exhausted enclosure if the material is a gas, or an approved method of drainage or containment is provided for connections if the material is a liquid.
8.2. Piping and tubing shall not be located within corridors, within any portion of a means of egress required to be enclosed in fire-resistance-rated construction or in concealed spaces in areas not classified as Group H Occupancies.
8.3. All primary piping for toxic, highly toxic and moderately toxic gases shall pass a helium leak test of 1x10-9 cubic centimeters/second where practical, or shall pass testing in accordance with an approved, nationally recognized standard. Tests shall be conducted by a qualified "third party" not involved with the construction of the piping and control systems.
EXCEPTION:
Piping and tubing within the space defined by the walls of corridors and the floor or roof above or in concealed spaces above other occupancies where installed in accordance with Section 415.11.7.4 of the California Building Code for Group H5 occupancies.
Section 5003.5.2 is added to read as follows:
5003.5.2 Ventilation Ducting. Ducts venting hazardous materials operations shall be
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labeled with the hazard class of the material being vented and the direction of flow.
Section 5003.5.3 is added to read as follows:
5003.5.3 “H" Occupancies. In "H" occupancies, all piping and tubing may be required to be identified when there is any possibility of confusion with hazardous materials transport tubing or piping. Flow direction indicators are required.
Section 5003.10.4 is amended to read as follows:
5003.10.4 Elevators utilized to transport hazardous materials. 5003.10.4.1 When transporting hazardous materials, elevators shall have no other passengers other than the individual(s) handling the chemical transport cart.
5003.10.4.1.1 When transporting cryogenic or liquefied compressed gases, there shall be no occupants in the elevator.
5003.10.4.2 Hazardous materials liquid containers shall have a maximum capacity of 20 liters (5.28 gal).
5003.10.4.3 Toxic, moderately toxic, and highly-toxic gases shall be limited to a container of a maximum water capacity of 1 pound.
5003.10.4.4 When transporting cryogenic or liquefied compressed gases, means shall be provided to prevent the elevator from being summoned to other floors.
SECTION 5004 STORAGE
Section 5004.2.1 is amended to read as follows:
5004.2.1 Spill Control for Hazardous Material Liquids. Rooms, buildings or areas used for storage of hazardous material liquids shall be provided with spill control to prevent the flow of liquids to adjoining areas. Floors in indoor locations and similar surfaces in outdoor locations shall be constructed to contain a spill from the largest single vessel by one of the following methods:
1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor locations.
2. Liquid-tight floors in indoor and outdoor locations or similar areas provided with liquid-tight raised or recessed sills or dikes.
3. Sumps and collection systems
4. Other approved engineered systems.
Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be constructed of noncombustible material, and the liquid-tight seal shall be compatible with
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the material stored. When liquid-tight sills or dikes are provided, they are not required at perimeter openings having an open-grate trench across the opening that connects to an approved collection system.
Section 5004.2.2.2 is amended to read as follows:
5004.2.2.2 Incompatible Materials. Incompatible materials shall be separated from each other in independent secondary containment systems.
Chapter 54 Corrosive Materials
SECTION 5402 DEFINITION
Section 5402.1 is amended to read as follows:
5402.1 Definition. The following terms are defined in Chapter 2:
CORROSIVE.
CORROSIVE LIQUIDS.
Chapter 56 Explosives and Fireworks
SECTION 5601 GENERAL
Section 5601.1.3 is amended to read:
5601.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks, including those fireworks classified as Safe and Sane by the California State Fire Marshal, are prohibited.
Exception: The use of fireworks for fireworks displays as allowed in Section 5608
Chapter 57 Flammable and Combustible Liquids
SECTION 5704 STORAGE
Section 5704.2.7.5.8 is amended to read as follows:
5704.2.7.5.8 Overfill Prevention. An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to prevent the overfill of all Class I, II and IIIA liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by Sections 5706.4 or 5706.7 shall have overfill protection in accordance with API 2350.
Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or less
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need only comply with Section 5704.2.9.7.5 (Item 1, Sub-item 1.1).
An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning equipment inside buildings.
Section 5704.2.7.5.9 is added to read as follows:
5704.2.7.5.9 Automatic Filling of Tanks. Systems that automatically fill flammable or combustible liquid tanks shall be equipped with overfill protection, approved by the fire code official that sends an alarm signal to a constantly attended location and immediately stops the filling of the tank. The alarm signal and automatic shutoff shall be tested on an annual basis and records of such testing shall be maintained on-site for a period of five (5) years.
SECTION 5707 ON-DEMAND MOBILE FUELING OPERATIONS
Section 5707.3.3 is amended to read as follows:
5707.3.3 Site plan.
A site plan shall be developed for each location or area at which mobile fueling occurs.
The site plan shall be in sufficient detail to indicate the following:
1. All buildings and structures.
2. Lot lines or property lines.
3. Electric car chargers.
4. Solar photovoltaic parking lot canopies.
5. Appurtenances on-site and their use or function.
6. All uses adjacent to the lot lines of the site.
7. Fueling locations.
8. Locations of all storm drain openings and adjacent waterways or wetlands.
9. Information regarding slope, natural drainage, curbing and impounding.
10. How a spill will be kept on the site property.
11. Scale of the site plan.
Chapter 58 Flammable Gases and Flammable Cryogenic Fluids SECTION 5809 MOBILE GASEOUS FUELING OF HYDROGEN-FUELED VEHICLES Section 5809.3.4 is amended to read as follows:
5809.3.4 Site plan. For other than emergency roadside services, a site plan shall be developed for each location at which mobile gaseous hydrogen fueling occurs. The site plan shall be in sufficient detail to indicate; all buildings, structures, lot lines, property lines and appurtenances onsite and their use and function, and the scale of the site plan.
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Chapter 60 Highly Toxic and Toxic Materials
Chapter 60 of the 2022 California Fire Code and 2021 International Code is amended as follows:
SECTION 6001 GENERAL
Section 6001.1 is amended to read as follows:
6001.1 Scope.
The storage and use of highly toxic, toxic and moderately toxic materials shall comply with this chapter. Compressed gases shall also comply with Chapter 53.
Exceptions:
1. Display and storage in Group M and storage in Group S occupancies complying with Section 5003.11.
2. Conditions involving pesticides or agricultural products as follows:
2.1 Application and release of pesticide, agricultural products and materials intended for use in weed abatement, erosion control, soil amendment or similar applications when applied in accordance with the manufacturer’s instruction and label directions.
2.2 Transportation of pesticides in compliance with the Federal Hazardous Materials Transportation Act and regulations
thereunder.
2.3 Storage in dwellings or private garages of pesticides registered by the US Environmental Protection Agency to be utilized in and around the home, garden, pool, spa and patio.
SECTION 6004 HIGHLY TOXIC AND TOXIC COMPRESSED GASES
Section 6004.1 is amended to read as follows:
6004.1 General.
The storage and use of highly toxic, toxic, and moderately toxic compressed gases shall comply with this section.
6004.1.1 Special limitations for indoor storage and use by occupancy. The indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases in certain occupancies shall be subject to the limitations contained in Sections 6004.1.1.1 through 6004.1.1.3.
6004.1.1.1 Group A, E, I or U occupancies. Moderately toxic, toxic and
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highly toxic compressed gases shall not be stored or used within Group A, E, I or U occupancies.
Exception: Cylinders not exceeding 20 cubic feet (0.566 m3) at normal temperature and pressure (NTP) are allowed within gas cabinets or fume hoods.
6004.1.1.2 Group R occupancies. Moderately toxic, toxic, and highly toxic compressed gases shall not be stored or used in Group R occupancies.
6004.1.1.3 Offices, retail sales and classrooms. Moderately toxic, toxic and highly toxic compressed gases shall not be stored or used in offices, retail sales or classroom portions of Group B, F, M or S occupancies.
Exception: In classrooms of Group B occupancies, cylinders with a capacity not exceeding 20 cubic feet (0.566 m3) at NTP are allowed in gas cabinets or fume hoods.
Section 6004.2 is amended to read as follows:
6004.2 Indoor storage and use.
The indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases shall be in accordance with Sections 6004.2.1 through 6004.2.2.10.3.
Section 6004.2.1 is amended to read as follows:
6004.2.1 Applicability. The applicability of regulations governing the indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases shall be as set forth in Sections 6004.2.1.1 through 6004.2.1.4.
Section 6004.2.1.4 is added to read as follows:
6004.2.1.4 Quantities exceeding the minimum threshold quantities but not exceeding the maximum allowable quantities per control area. The indoor storage or use of highly toxic, toxic, and moderately toxic gases in amounts exceeding the minimum threshold quantities per control area set forth in Table 6004.2.1.4 but not exceeding maximum allowable quantity per control area set forth in Table 5003.1.1(2) shall be in accordance with Sections 5001, 5003, 6001, 6004.1, and 6004.4 Table 6004.2.1.4
Minimum Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases for Indoor Storage and Use
Highly Toxic 20
Toxic 405 cubic feet
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Moderately Toxic 405 cubic feet
Section 6004.4 is added to read as follows:
6004.4. General indoor requirements. The general requirements applicable to the indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases shall be in accordance with Sections 6004.4 through 6004.4.8.2 6004.4.1 Cylinder and tank location. Cylinders shall be located within gas cabinets, exhausted enclosures or gas rooms. Portable and stationary tanks shall be located within gas rooms or exhausted enclosures.
Exceptions:
1. Where a gas detection system is provided in accordance with 6004.4.8 6004.4.2. Ventilated areas. The room or area in which gas cabinets or exhausted enclosures are located shall be provided with exhaust ventilation. Gas cabinets or exhausted enclosures shall not be used as the sole means of exhaust for any room or area.
6004.4.3. Piping and controls. In addition to the requirements of Section 5003.2.2, piping and controls on stationary tanks, portable tanks, and cylinders shall comply with the following requirements:
1. Stationary tanks, portable tanks, and cylinders in use shall be provided with a means of excess flow control on all tank and cylinder inlet or outlet connections.
Exceptions:
1. Inlet connections designed to prevent backflow.
2. Pressure relief devices.
6004.4.4 Gas rooms. Gas rooms shall comply with Section 5003.8.4 and both of the following requirements:
1. The exhaust ventilation from gas rooms shall be directed to an exhaust system.
2. Gas rooms shall be equipped with an approved automatic sprinkler system. Alternative fire- extinguishing systems shall not be used. 6004.4.5 Treatment systems. The exhaust ventilation from gas cabinets, exhausted enclosures and gas rooms, required in Section 6004.4.1 shall be directed to a treatment system. The treatment system shall be utilized to handle the accidental release of gas and to process exhaust ventilation. The treatment system shall be designed in accordance with Sections 6004.2.2.7.1 through 6004.2.2.7.5 and Chapter 5 of the California Mechanical Code.
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Exceptions:
1. Highly toxic, toxic, and moderately toxic gases—storage. A treatment system is not required for cylinders, containers and tanks in storage where all of the following controls are provided:
1.1Valve outlets are equipped with gas- tight outlet plugs or caps.
1.2Hand wheel-operated valves have handles secured to prevent movement.
1.3Approved containment vessels or containment systems are provided in accordance with Section 6004.2.2.3.
2. Highly toxic, toxic, and moderately toxic gases —use. Treatment systems are not required for highly toxic, toxic, and moderately toxic gases supplied by stationary tanks, portable tanks, or cylinders where a gas detection system complying with Section 6004.4.8 and listed or approved automatic-closing fail- safe valves are provided. The gas detection system shall have a sensing interval not exceeding 5 minutes. Automatic-closing fail- safe valves shall be located immediately adjacent to cylinder valves and shall close when gas is detected at the permissible exposure limit (PEL) by a gas sensor monitoring the exhaust system at the point of discharge from the gas cabinet, exhausted enclosure, ventilated enclosure or gas room.
6004.4.5.1. Design. Treatment systems shall be capable of diluting, adsorbing, absorbing, containing, neutralizing, burning or otherwise processing the contents of the largest single vessel of compressed gas.
Where a total containment system is used, the system shall be designed to handle the maximum anticipated pressure of release to the system when it reaches equilibrium.
6004.4.5.2. Performance. Treatment systems shall be designed to reduce the maximum allowable dis- charge concentrations of the gas to one-half immediate by dangerous to life and health (IDLH) at the point of discharge to the atmosphere. Where more than one gas is emitted to the treatment system, the treatment system shall be designed to handle the worst-case release based on the release rate, the quantity and the IDLH for all compressed gases stored or used.
6004.4.5.3. Sizing. Treatment systems shall be sized to process the maximum worst-case release of gas based on the maximum flow rate of release from the largest vessel utilized. The entire contents of the largest compressed gas vessel shall be considered.
6004.4.5.4 Stationary tanks. Stationary tanks shall be labeled with the maximum rate of release for the compressed gas contained based on valves
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or fittings that are inserted directly into the tank. Where multiple valves or fittings are provided, the maximum flow rate of release for valves or fittings with the highest flow rate shall be indicated. Where liquefied compressed gases are in contact with valves or fittings, the liquid flow rate shall be utilized for computation purposes. Flow rates indicated on the label shall be converted to cubic feet per minute (cfm/min) (m3/s) of gas at normal temperature and pressure (NTP).
6004.4.5.5 Portable tanks and cylinders. The maximum flow rate of release for portable tanks and cylinders shall be calculated based on the total release from the cylinder or tank within the time specified in Table 6004.2.2.7.5.
Where portable tanks or cylinders are equipped with approved excess flow or reduced flow valves, the worst-case release shall be determined by the maximum achievable flow from the valve as determined by the valve manufacturer or compressed gas supplier. Reduced flow and excess flow valves shall be permanently marked by the valve manufacturer to indicate the maximum design flow rate. Such markings shall indicate the flow rate for air under normal temperature and pressure.
6004.4.6. Emergency power. Emergency power shall be provided for the following systems in accordance with Section 604:
1. Exhaust ventilation system.
2. Treatment system.
3. Gas detection system.
4. Smoke detection system.
6004.4.6.1. Fail-safe systems. Emergency power shall not be required for mechanical exhaust ventilation and treatment systems where approved failsafe systems are installed and designed to stop gas flow. 6004.4.7. Automatic fire detection system. An approved automatic fire detection system shall be installed in rooms or areas where highly toxic, toxic, and moderately toxic compressed gases are stored or used. Activation of the detection system shall sound a local alarm. The fire detection system shall comply with Section 907.
6004.4.8. Gas detection system. A gas detection system complying with Section 916 shall be provided to detect the presence of gas at or below the PEL or ceiling limit of the gas for which detection is provided.
Exceptions:
1. A gas detection system is not required for toxic and moderately toxic gases when the physiological warning threshold level for the gas is at a level below the accepted PEL for the gas.
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2. A gas detection system is not required for highly toxic, toxic, and moderately toxic gases where cylinders, portable tanks, and all noncontinuously welded connects are within a gas cabinet or exhausted enclosures.
6004.4.8.1. Alarms. The gas detection system shall initiate a local alarm and transmit a signal to an approved location.
6004.4.8.2. Shut off of gas supply. The gas detection system shall automatically close the shut off valve at the source on gas supply piping and tubing related to the system being monitored for whichever gas is detected.
Exception: Automatic shutdown is not required for highly toxic, toxic, and moderately toxic compressed gas systems where all of the following controls are provided:
1. Constantly attended / supervised.
2. Provided with emergency shutoff valves that have
ready access.
Chapter 61 Liquefied Petroleum Gases
SECTION 6104 LOCATION OF LP-GAS CONTAINERS
Section 6104.2 is amended to read as follows:
6104.2 Maximum capacity within established limits. Within The limits referred to in Section 6104.2 of the California Fire Code, in which storage of liquefied petroleum gas (LPG) is restricted, are hereby established as follows:
Liquefied Petroleum Gas (LPG) shall not be permitted within the City of Monte Sereno where natural gas mains exist.
Exceptions:
1. Where LPG is used as an existing fuel source to single-family dwellings at the time of adoption of this code.
2. LPG may be permitted within the City limits if used for temporary construction operations.
3. LPG may be used to carry on activities where natural gas would not provide a viable substitute for LPG as approved by the Fire Code Official.
4. Portable LPG containers that are used for recreational vehicles and barbecues when stored and handled in accordance with this Code.
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Chapter 64 Pyrophoric Materials
Chapter 64 of the 2022 California Fire Code and 2021 International Code is amended as follows:
SECTION 6405 USE
Section 6405.3.1 is added to read:
6405.3.1 Silane distribution systems automatic shutdown.
Silane distribution systems shall automatically shut down at the source upon activation of the gas detection system at levels above the alarm level and/or failure of the ventilation system for the silane distribution system.
Chapter 80 Referenced Standards
The following referenced standard is added:
NFPA
855 – 20: Standard for the Installation of Stationary Energy Storage Systems Appendix B Fire-Flow Requirements for Buildings
SECTION B105 FIRE-FLOW REQUIRES FOR BUILDINGS
Section B105.2 is amended to read as follows:
B105.2 Buildings other than one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses. The minimum fire-flow and flow duration for buildings other than one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses shall be as specified in Tables B105.1(2) and B105.2.
Exceptions: [SFM] Group B, S-2 and U occupancies having a floor area not exceeding 1,000 square feet, primarily constructed of noncombustible exterior walls with wood or steel roof framing, having a Class A roof assembly, with uses limited to the following or similar uses:
1. California State Parks buildings of an accessory nature (restrooms).
2. Safety roadside rest areas (SRRA), public restrooms.
3. Truck inspection facilities (TIF), CHP office space and vehicle inspection bays.
4. Sand/salt storage buildings, storage of sand and salt.
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The maximum fire flow reduction for all commercial buildings greater than 30,000 square feet and residential podium buildings shall not exceed 25 percent of the fire flow specified in Table B105.1(2). The maximum fire flow reduction for all other buildings shall not exceed 50 percent of the fire flow specified in Table B105.1(2).
Appendix C Fire Hydrant Location and Distribution
SECTION C102 NUMBER OF FIRE HYDRANTS
Section C102.1 is amended to read:
C102.1 Minimum number of fire hydrants for a building. The number of fire hydrants available to a building shall be not less than the minimum specified in Table C102.1, utilizing the base fire flow without fire sprinkler reduction.
Appendix D Fire Apparatus Access Roads
SECTION D103 MINIMUM SPECIFICATION
Section D103.1 is deleted.
Section D103.2 is amended to read as follows:
D103.2 Grade. The maximum grade of a fire department apparatus access road shall not exceed 15-percent, unless approved by the fire code official.
Section D103.3 is amended to read as follows:
D103.3 Turning radius. The required turning radius of a fire apparatus access roads shall be a minimum of 30 feet inside, and a minimum of 50 feet outside.
Section D103.4 is amended to read as follows:
D103.4 Dead ends. Dead-end fire apparatus access roads and/or driveways in excess of 150 feet (45 720 mm) shall be provided with width and turnaround provisions in accordance with the Santa Clara County Fire Department apparatus access and turnaround standards, as approved by the fire code official.
Section D103.6 is amended to read as follows:
D103.6 Signs. Where required by the Fire Code Official, fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code and the Santa Clara County Fire Department A-6 Standard.
Signs shall have a minimum dimension of 12 inches (305 mm) wide by 18 inches (457 mm) high and have red letters on a white reflective background. Signs shall be posted on one or both sides of the fire apparatus road as required by Section D103.6.1 or
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D103.6.2.
9.01.070 PENALTIES ADOPTED.
Persons who shall violate a provision of the code adopted under section 9.01.010, as may be amended by this chapter, or who fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the Building Official or Fire Official, or of a permit or certificate used under provisions of the above codes, shall be subject to code enforcement action by the City in accordance with Title 5 of the Monte Sereno Municipal Code. Persons committing such violation shall be guilty of a misdemeanor, punishable by a fine of not more than $1000 or by imprisonment not exceeding six months, or both fine and imprisonment, unless the violation is made an infraction by the prosecuting authority.
SECTION 3. Chapter 9.05 of Title 9 of the Monte Sereno Municipal Code is hereby repealed.
SECTION 4. Chapter 9.03, 9.10, and 9.11 of Title 9 of the Monte Sereno Municipal Code are hereby repealed.
SECTION 5. The City Council finds and determines that enactment of this Ordinance is exempt from environmental review pursuant to Title 14 California Code of Regulations Section 15061(b)(3).
SECTION 6. All other ordinances of the City of Monte Sereno or provisions of the Monte Sereno which are in conflict with this Ordinance are hereby repealed to the extent of such conflict.
SECTION 7. This ordinance shall take effect on January 1, 2023. However, where applications and plans for building have been filed and are pending for building permits prior to the effective date of this Ordinance, such permits may be issued, and the applicant may proceed with construction in strict compliance with the California Building Standards Codes, 2019 Editions, California Code of Regulations, Title 24, as previously adopted and amended by any ordinances of the City of Monte Sereno, but only to the extent that the issuance of such permit is required by Health and Safety Code section 18938.5 and any other applicable law.
SECTION 8. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision of such Ordinance and shall not affect the validity of the remaining portions thereof.
SECTION 9. The City Clerk shall cause a certified copy of this Ordinance to be filed with the California Building Standards Commission in the manner required by law, and shall cause this ordinance to be posted and/or published in the manner required by law.
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This Ordinance was introduced on the 1st day of November, 2022, and passed and adopted on the 15th day of November, 2022, at a duly held meeting of the City Council of the City of Monte Sereno by the following votes:
AYES:
NOES:
ABSENT:
Javed I. Ellahie, Mayor
Attest: ___________________________
Gloisy Gonzalez-Langarica, Deputy City Clerk
Approved as to form:
___________________________________
Sergio Rudin, City Attorney
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ORDINANCE NO. NS-231
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MONTE SERENO AMENDING TITLE 9, BUILDINGS AND CONSTRUCTION, OF THE MONTE SERENO MUNICIPAL CODE TO ADD SECTIONS 9.01.040 AND 9.01.060 TO ENACT SPECIFIED LOCAL AMENDMENTS TO THE CALIFORNIA ENERGY CODE, 2022 EDITION, TITLE 24, PART 6 AND THE CALIFORNIA GREEN BUILDING STANDARDS CODE, 2022 EDITION, TITLE 24, PART 11 OF THE CALIFORNIA
CODE OF REGULATIONS
WHEREAS, each city in California is required to adopt the California Building Standards Code and is authorized to do so by reference under Health and Safety Code section 17922 and Government Code section 50022.2; and
WHEREAS, pursuant to Health and Safety Code section 17958.7, each city in California may enact local amendments to the California upon making findings that local amendments are reasonably necessary because of local climatic, geological or topographical conditions; and
WHEREAS, Public Resources Code section 25402.1(h) (2) and section 10-106 of the Building Energy Efficiency Standards establish a process which allows local adoption of amendments to statewide energy standards that are more stringent than the statewide standards (“Reach Codes”) if they are found to be cost effective, and require buildings to be designed to consume no more energy than permitted by Title 24 and approved by the California Energy Commission; and
WHEREAS, a cost effectiveness study was prepared by Frontier Energy Inc., Misti Bruceri and Associates, LLC entitled “2022 Cost-effectiveness Study: Single Family New Construction” which found that certain residential new construction to be cost effective, especially for cooking, water heating and clothes drying equipment, in all California climate zones and the study is sufficient to justify Monte Sereno reach code requirements and the cost effectiveness analysis required by the California Energy Commission for the local amendments to the California Energy Code; and WHEREAS, the adopted Building Code includes voluntary sustainability measures known as Cal Green Tier 1 and Tier 2.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MONTE SERENO DOES ORDAIN AS FOLLOWS:
SECTION 1. The City Council hereby makes the following findings and determinations:
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A. The entire Silicon Valley is located in seismic zone D & E. Gypsum wallboard and exterior portland cement plaster have performed poorly during the recent California seismic events. The shear values of gypsum wallboard and portland cement stucco contained in the code are based on mono-directional testing. It is appropriate to limit the use of these products until cyclic load testing is performed and evaluated.
B. The City of Monte Sereno is located in seismic zone D & E. The increased possibility of earthquake activity in the area can affect the availability of emergency services due to damage to the water systems, damage to roadways, debris on roadways and the low priority of single-family homes in emergency conditions. Historically, fire has been a real danger in the aftermath of earthquake damage, and the occurrence of a major earthquake would significantly impact the ability of fire crews to respond to emergencies should roadways be damaged, or if the water system be extensively damaged during a seismic event.
C. Monte Sereno is located in a hilly area with many canyons and areas of dense wildland vegetation. The area is subject to periods of low rainfall, frequent periods of low humidity and high temperatures, and is subject to gusty winds up to 30 mph. These conditions present an increased fire danger and increase the possibility of fire spreading to other properties that are not easily or directly accessible from the point of origin. The City also experiences low humidity, high wind, and warm temperatures during the summer months creating conditions which are particularly conducive to the ignition and spread of grass, brush, and structure fires;
D. The streets within the City are a combination of public and private roadways, which due to the many hills and canyons are narrow and often dead end creating additional problems for vehicles and personnel to respond in emergency situations such as a fire.
E. Over the next century, increasing levels of atmospheric greenhouse gas concentrates are expected to result in global temperature increases, causing a variety of local changes, including extreme weather conditions, sea level rise, more frequent heat waves and extended period of drought. Increased heat as a result of climate change can have a local impact on the health, safety, and welfare of the City's population, especially those without resources to purchase air conditioning, the elderly, disabled, or those with children. Failure to address and substantially reduce Greenhouse Gas creates an increased risk to the health, safety and welfare of the City residents;
F. Due to these climatic, geological, geographical, and topographical conditions, mitigation measures are necessary such as automatic fire suppression systems, communications systems, access to buildings, seismic protection, safety controls for hazardous materials, and other safeguards are necessary in order to minimize the risks
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to citizens, firefighters, and property resulting from the severity of a fire threat and potential delays in responding to such threats.
G. Cost Effectiveness. The City Council finds that the overview of the cost effectiveness study and the study itself, which is attached hereto and incorporated herein as Exhibit A to this ordinance is sufficient to justify Monte Sereno reach code requirements contained in this ordinance and demonstrate that the local amendments to the California Energy Code contained in this ordinance are cost effective and will require buildings to consume no more energy than permitted by Title 24.
H. The local amendments to the California Energy Code and Green Building Standards Code in this ordinance are reasonably necessary because of the local climatic, geological, and topographical conditions identified in this section.
SECTION 2. Section 9.01.040 of Chapter 9.01 of the Monte Sereno Municipal Code is enacted to read in entirety as follows:
9.01.040 Amendments to the California Code Of Regulations Title 24, Part 6, 2022 California Energy Code.
The California Energy Code, 2022 Edition is hereby amended as follows:
Section 100.0(e)2.D Single-family buildings is amended to read in its entirety as follows:
i. Sections applicable. Sections 150.0 through 150.1 apply to newly constructed low-rise residential buildings except where they conflict with Section iii below. ii. Compliance approaches. In order to comply with Part 6, newly constructed low-rise residential buildings must meet the requirements of:
a. Mandatory measures: the applicable provisions of Sections 110.0 through 110.10 and 150.0; and
b. Either:
(i) Performance approach: Section 150.1 (a) and (b); or (ii) Prescriptive approach: Sections 150.1(a) and (c).
iii All electric construction. All single-family residential and low-rise multifamily buildings as defined in Section 100.1 shall use electricity as the source of energy for all appliances.
Exceptions:
1. Cooking appliances
2. Exterior appliances
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SECTION 3. Section 9.01.060 of Chapter 9.01 of the Monte Sereno Municipal Code is hereby amended to read as follows:
9.01.060 Amendments to the California Code Of Regulations Title 24, Part 6, 2022 California Green Building Standards Code
The California Green Building Standards Code, 2022 Edition is hereby amended as follows:
1. Chapter 4, Residential Mandatory Measures, Section 4.106.4.1- New One and Two-Family Dwellings and Townhouses with Attached Private Garages. Section
4.106.4.1 is amended to read as follows:
For each dwelling unit, install a listed raceway to accommodate a dedicated 208/240-volt branch circuit for each garage parking space with a maximum of two and one outside each garage. The raceway shall not be less than trade size 1 (nominal 1-inch inside diameter). The raceway shall originate at the main service or subpanel and shall terminate into a listed cabinet, box or other enclosure in close proximity to the proposed location of an EV charger. Raceways are required to be continuous at enclosed, inaccessible or concealed areas and spaces. The service panel and/or subpanel shall provide capacity to install a 40- ampere 208/240-volt minimum dedicated branch circuit and space(s) reserved to permit installation of a branch circuit overcurrent protective device.
Exception: A raceway is not required if a minimum 40-ampere 208/240-volt dedicated EV branch circuit is installed in close proximity to the proposed location of an EV charger at the time of original construction in accordance with the California Electrical Code.
2. Chapter 4, Residential Mandatory Measures, Section 4.303 Indoor Water Use.
Section 4.303.4 is added to read as follows:
4.303.4 Hot Water Recirculating System. An automatic hot water recirculating system shall be installed in accordance with the California Plumbing Code.
SECTION 4. The City Council finds and determines that enactment of this Ordinance is exempt from environmental review pursuant to Title 14 California Code of Regulations Section 15061(b)(3).
SECTION 5. All other ordinances of the City of Monte Sereno or provisions of the Monte Sereno which are in conflict with this Ordinance are hereby repealed to the extent of such conflict.
SECTION 6. This ordinance shall take effect upon the latter of (1) approval by the California Energy Commission, or (2) January 1, 2023.
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SECTION 7. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction such portion shall be deemed a separate, distinct and independent provision of such Ordinance and shall not affect the validity of the remaining portions thereof.
SECTION 8. The City Clerk shall cause a certified copy of this Ordinance to be filed with the California Energy Commission and California Building Standards Commission in the manner required by law, and shall cause this ordinance to be published in the manner required by law.
This Ordinance was introduced on the 1st day of November, 2022, and passed and adopted on the 15th day of November, 2022, at a duly held meeting of the City Council of the City of Monte Sereno by the following votes:
AYES:
NOES:
ABSENT:
Javed I. Ellahie, Mayor
Attest: ___________________________
Gloisy Gonzalez-Langarica, Deputy City Clerk
Approved as to form:
___________________________________
Sergio Rudin, City Attorney
STAFF REPORT
Meeting: City Council - Nov 01 2022
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Discuss and Provide Direction to Staff Regarding an Accessory Dwelling Unit (ADU) Amnesty Program, Changes to the ADU Owner Occupancy Requirements, and Review of New State Laws
Recommendation(s):
Staff recommends the City Council direct staff to return with an ordinance with an updated ADU amnesty program, changes to the ADU owner occupancy requirements, and incorporation of new state laws into the Monte Sereno Municipal Code.
Background Information:
At the September 6, 2022 City Council meeting, the Council discussed a potential amnesty programs for ADUs as well as removing the past and future owner occupancy requirements for properties with an ADU. The consideration of these items was initiated by a recommendation from a resident to remove potential constraints to ADU construction and further encourage ADUs to be built throughout the city.
At that meeting the Council directed staff to provide additional information for Council’s review before providing a revised ordinance for review. The additional information requested is provided below:
Council Comments Additional Information
Short Term Rentals
Monte Sereno Municipal Code section
10.06.140.D specifically prohibits any ADU or
JADU from being rented for a period of less
than 30 consecutive days. Additionally,
Municipal Code section 10.03.030 species
that only uses authorized in the code are
permissible. The uses permitted in each
zoning district are in Chapter 10.05 and do
not include short term rentals, which City
staff deem to be a commercial use rather
than a residential use. Therefore, short term
rentals (less than 30 consecutive days) are
not permitted in Monte Sereno.
Percent of Properties in Monte Sereno that
are Renter Occupied
According to the U.S. Census Bureau,
American Community Survey 5-Year Data
(2015-2019), 6.5% of housing units in Monte
Sereno are renter occupied.
Since the September 6, 2022 meeting, the State legislature has passed SB-897 and AB-2221, which mandate changes to ADU regulations that are effective on January 1, 2023. These items are discussed in the Analysis section below.
Analysis:
Amnesty Program
Amnesty programs allow existing ADUs/JADUs that were constructed without the necessary building permits or other approvals to be legalized without penalty of code enforcement action or increased building permit fees (typically, building permit fees are doubled for work that was completed without a necessary permit). The goal of such a program is to ensure such ADUs/JADUs are in compliance with basic health and safety requirements of the building and fire codes as well as to account for all ADUs/JADUs within the city.
Part of the new State legislation effective on January 1, 2023 states that a local jurisdiction is prohibited from denying a building permit for an un-permitted ADU that was constructed before January 1, 2018.
Staff recommends that Municipal Code section 10.06.150 (which has included in the previously approved amnesty program which has since expired) be revised to allow property owners with an un-permitted ADU/JADU that was in existence prior to December 31, 2020 to apply for the necessary permits to legalize the ADU/JADU without penalty.
Owner Occupancy Requirements
Typically, a property owner is required to reside in either the main house or the ADU when an ADU is constructed on a property. The intent of this requirement is to ensure that both the main house and the ADU are not rented to separate parties, which could affect the singlefamily character of a street or neighborhood. In accordance with state legislation, ADUs constructed between January 1, 2020 and December 31, 2024 do not have an owner occupancy requirement for the life-span of the ADU.
The concern that was raised regarding the owner occupancy requirement is that it may serve as a deterrent to the construction of these accessory units after 2025 as property owner may be concerned about placing such restrictions on their property.
In order to further incentivize the creation of ADUs, staff recommends that Municipal Code section 10.06.140.C be amended to eliminate past and future owner occupancy requirements for properties with an ADU.
New State Legislation SB-897 and AB-2221
The Governor signed two new pieces of legislation into law regarding ADUs. These new laws will be effective on January 1, 2023. Following is a summary of the new requirements for ADUs and how they will be incorporated into a draft ordinance that will be scheduled for City Council consideration at the November 15, 2022 meeting.
1. Objective Design Standards
Only objective design and development standards on ADUs can be used. These can include, but are not limited to, parking, height, setback, landscape, architectural review, maximum size of a unit, and standards that prevent adverse impacts on any real property that is listed in the California Register of Historical Resources. Such standards must be “standards that involve no personal or subjective judgment by a public official and are uniformly verifiable by reference to an external and uniform benchmark or criterion available and knowable by both the development applicant or proponent and the public official prior to submittal.”
Staff Comments: Currently, the Municipal Code 10.06.140.A.10 requires the following design standards for ADUs:
“Design. Accessory dwelling units shall comply with the following design standards:
a. The dwelling unit shall be constructed with the materials substantially identical in color, texture, and appearance to the primary dwelling, including, but not limited to, roofing, siding, windows, and doors so as to blend with the existing architecture. b. The dwelling unit shall, to the extent feasible, match the roof pitch and roof form of the primary dwelling so as to blend with the existing architecture. c. Accessory dwelling units shall also comply with any applicable objective design standards adopted in the City's design guidelines.”
Staff recommend revising the first two of these standards, particularly language such as “substantially identical” and “to the extent feasible.” Staff suggest that the code requirements in items “a” and “b” above can be changed as follows:
a. The dwelling unit shall use a minimum of two exterior materials that match those of the main house. These exterior materials may include, but are not limited to, roofing, siding, and windows.
b. The roof pitches used on the dwelling unit shall match those on the main house.
2. Maximum Building Height
Revised minimum height limits, that must allow:
2. Maximum Building Height
• 18 feet for a detached ADU on a lot within one-half mile walking distance of a major transit stop or high quality transit corridor, with an allowance of an additional two feet to accommodate a roof pitch aligned with the primary dwelling unit. The ordinance will be revised to include this provision, but in practice, it will not apply in Monte Sereno since it does not have a “major transit stop” or “high quality transit corridor” as defined in state law. • 18 feet for a detached ADU on a lot with an existing or proposed multi-family, multi-story dwelling.
• 25 feet or the height limit under the local zoning ordinance, for an ADU attached to a primary dwelling, although a local agency can ensure the ADU does not exceed two stories.
Staff Comments: Detached ADUs are currently allowed to be a maximum of 16 feet in height and ADUs attached to the main house are allowed to match the height limits for the main house. Modifications to these requirements will be made to comply with these new height limit standards.
3. Front Setbacks
Front setback requirements cannot be used to prohibit construction of an ADU, where there is no other alternative to allow for construction of an 800 square foot ADU that meets height limits and complies with four foot side and rear setbacks.
Staff Comments: The Municipal Code section 10.06.140.A.9 shall be updated to address this requirement.
4. Parking Requirements
Local agencies are prohibited from imposing any parking standards on an accessory dwelling unit that is included in an application to create a new single-family dwelling unit or a new multifamily dwelling on the same lot, provided that the ADU meets other specified requirements.
Staff Comments: The Municipal Code section 10.06.140.A.4 will be updated to incorporate this new requirement.
5. Multi-Family Dwelling Modifications Prohibited
Local agencies cannot require the modification of existing multi-family dwellings with side or rear setbacks of less than four feet as a condition of approving ADUs.
Staff Comments: The Municipal Code section 10.06.140.H.4 will be updated to incorporate this new requirement.
6. ADU Amnesty Program
Local agencies are prohibited from denying building permits for an unpermitted ADU constructed before January 1, 2018, due to violations of building standards or noncompliance with ADU laws, unless they find that correction of a violation is specifically necessary to protect health and safety of the occupants or public. However, this protection does not apply to buildings deemed substandard under the State Housing Law.
Staff Comments: This new requirement will be covered by the recommended amnesty program, which has been previously discussed by Council, as noted above in this report. In summary, staff recommends an ADU amnesty program be re-instated to allow property owners with an un-permitted ADU that was in existence prior to December 31, 2020 to apply for the necessary permits to legalize the ADU without penalty.
7. Separate Sale of ADUs
Local agencies are required to allow and ADU to be sold or conveyed separately from the primary residence when the certain conditions are met including that the ADU was built by a qualified non-profit, the ADU is sold for a qualified low-income buyer, and the property includes other deed restrictions designed to ensure the ADU remains available for lowincome buyers.
Staff Comments: This new requirement has been added to the draft ordinance in section
10.06.140.A.2.
Conclusion:
Following is a summary of the staff recommendations as discussed above:
Amnesty Program
Municipal Code section 10.06.150 (which
has included in the previously approved
amnesty program which has since expired)
be revised to allow property owners with an
un-permitted ADU that was in existence prior
to December 31, 2020 to apply for the
necessary permits to legalize the
ADU/JADUs without penalty. And that such
permits shall be submitted by December 31,
2031, which is the end of the planning period
for the updated 6th Cycle Housing Element
(which is currently under review with the
California Housing and Community
Development Department).
Owner Occupancy Municipal Code section 10.06.140.C be
amended to eliminate future owner
occupancy requirements for properties with
an ADU. Staff also recommend eliminating
prior owner occupancy requirements and
creating express authority in the ordinance
for the City Planner to remove any previously
recorded deed restrictions for Accessory
Dwelling Units and Secondary Dwelling Units
(the prior name for the City’s ADUs), which
were required by the City prior to 2020.
State law prohibits imposing owner
occupancy requirements on ADUs
constructed between January 1, 2020 and
December 31, 2024.
Objective Design Standards
Municipal Code section 10.06.140.A.10 be
revised to read as follows:
“Design. Accessory dwelling units shall
comply with the following design standards:
a. The dwelling unit shall use a minimum of
two exterior materials that match those of the
main house. These exterior materials
include, but not limited to, roofing, siding,
and windows.
b. The roof pitches used on the dwelling unit
shall match those on the main house.
c. Accessory dwelling units shall also comply
with any applicable objective design
standards adopted in the City's design
guidelines.”
Front Setbacks
Update Municipal Code section
10.06.140.A.9 to address use of front
setbacks for ADUs, but only to extent
specifically required in state law.
Maximum Building Height
Revise Municipal Code section
10.06.140.A.8 and 10.06.140.H.3 to allow:
• 18 foot height limits on detached ADUs
within ½ of a major transit stop or high quality
transit corridor.
• 18 foot height limit for ADUs on a lot with
a multi-family dwelling.
• 25 foot high limit for ADUs attached to
the main house, although the ADU itself is
still limited to one story.
Parking Requirements
Revise Municipal Code section
10.06.140.A.4 to state that ADUs are that
constructed concurrently with a new singlefamily house will not be required to have a parking space.
Multi-Family Dwelling Modifications
Prohibited
Revise Municipal Code section
10.06.140.H.4 to state that existing multifamily dwellings with a side or rear yard setback of less than four feet cannot be
required to be modified as part of condition
of approving an ADU.
Separate Sale of ADU
Revise Municipal Code section
10.06.140.A.2 to include the allowance for an
ADU to be sold or conveyed separately from
the primary residence under specific
conditions, including that the ADU was built
by a qualified non-profit and the sold to a
qualified low-income buyer.
Public Noticing:
The City of Monte Sereno's council meeting agenda was posted on the bulletin board outside of Monte Sereno City Hall and the agenda with this staff report can be accessed on The City of Monte Sereno's website located at www.montesereno.org. Additionally, information about this meeting was emailed to a list of interested parties and published on the city’s social media sites.
STAFF REPORT
Meeting: City Council - Nov 01 2022
Agenda Heading: NEW BUSINESS
Staff Contact: Diana Perkins, City Planner
Department: City Planner
Title: Informational Report on Administrative Policy to Define New Construction
Recommendation(s):
No Council Action is Required
Analysis:
The determination of whether a project scope is considered new construction or an addition/remodel of existing house impacts many of the building code requirements such as fire sprinklers, energy code regulations, green building standards, and the electrification reach codes. For most projects it is clear if the project is a new house or is an addition/remodel to an existing house. However, there are some projects that scope of the addition/remodel is so extensive, that it results in a new building. The purpose of this policy is to define the threshold of what is considered as new construction for the purpose of apply code requirements.
While staff has been using the standards in the attached policy, there is not currently a written information to provide the property owner or design professionals. The intent of the written policy is to provide clear information on what is considered as new construction in Monte Sereno. This will assist property owners and design professionals who are planning improvements to an existing house to understand the code requirements that will be applied from the early stages of their design process.
This administrative policy was reviewed with the Finance Ad Hoc Committee.
Public Noticing:
The City of Monte Sereno's City Council meeting agenda was posted on the bulletin board outside of Monte Sereno City Hall and the agenda with this staff report can be accessed on The City of Monte Sereno's website located at www.montesereno.org.
Attachments:
1. Policy for Application of Building Standards Code for Alterations Additions
CITY OF MONTE SERENO
18041 SARATOGA-LOS GATOS ROAD, MONTE SERENO, CA 95030
(408) 354-7635 • FAX (408) 395-7653 • WWW.CITYOFMONTESERENO.ORG Revised 10/2022
POLICY FOR APPLICATION OF BUILDING STANDARDS CODE
FOR ALTERATIONS/ADDITIONS
NEW CONSTRUCTION
Where an existing house is remodeled and/or added on to, a minimum of 50% of the existing exterior walls and a minimum of 50% of the existing roof area shall remain in order or to be considered an alteration/addition to an existing house. Otherwise, the project will be considered “new construction” and will be required to comply with all applicable building/fire code regulations for new construction including, but not limited to, fire sprinklers, fire access, Title 24 energy compliance, green building standards, and local reach codes for energy and/or water efficiency.
Guidance for Determinations:
Determining Existing Exterior Walls:
1. Exterior walls are measured in linear feet.
2. The portions of existing exterior walls where the height of the wall is increased, shall be considered to not be remaining for purposes of determining whether 50% of existing exterior walls are maintained.
3. Portions of existing exterior walls where new exterior openings are installed (new or expanded windows or doors) shall also not be considered “existing” exterior walls.
4. Existing exterior walls that will become interior walls as a result of the addition, are considered as removed exterior walls.
5. Removing sheetrock and exterior siding from an existing exterior wall shall be considered creating a new wall.
Determining Roof Area:
1. The roof area is measured in square feet and in a horizontal plane in plan view.
2. Placing “California Framing” over an existing roof area shall be considered creating new roof area.
Note: The Monte Sereno Building Department shall make the final determination based on the above criteria.