Agenda packet, special meeting — San Bruno City Council, September 13, 2022

"The City with a Heart"
Rico Medina, Mayor
Linda Mason, Vice Mayor
Tom Hamilton, Councilmember
Marty Medina, Councilmember
Michael Salazar, Councilmember
AB361
CORONAVIRUS COVID19
On September 16, 2021, the Governor of California signed AB361 suspending certain provisions of the Ralph M. Brown Act in order to allow for local legislative bodies to conduct their meetings telephonically or by other electronic means. Pursuant to the CDC’s social distancing guidelines which discourage large public gatherings, the San Bruno City Council meetings are being conducted electronically. The meeting is not available for inperson attendance. Members of the public may attend the meeting by video or phone linked in this agenda or watch by livestream at youtube.com/user/cityofsanbruno. CityNet Services Channel 1 will air the meeting live and the recorded meeting will be made available for viewing on the City’s YouTube channel after the meeting has concluded.

If you would like to make a Public Comment on an item not on the agenda, or comment on a particular agenda item, please email [email protected]. Emails received before the special or regular meeting start time will be forwarded to the City Council, posted on the City’s website and will become part of the public record for that meeting. If emailed comments are received after the meeting start time, or after the meeting ends, they will be forwarded to the City Council and filed with the agenda packet becoming part of the public record for that meeting. Emails received will not be read aloud during the meeting.

Individuals who require special assistance of a disabilityrelated modification or accommodation to participate in this meeting, or who have a disability and wish to request an alternative format for the agenda, agenda packet or other writings that may be distributed at the meeting, should contact the City Clerk 48 hours prior to the meeting at (650) 6167070 or by email at [email protected]. Notification in advance of the meeting will enable the City of San Bruno to make reasonable arrangements to ensure accessibility to this meeting, the materials related to it, and your ability to comment.

AGENDA
SAN BRUNO CITY COUNCIL SPECIAL MEETING
September 13, 2022
5:00 PM
Zoom Meeting Details
https://sanbrunocagov.zoom.us/j/83987831538?
pwd=ZTNNK1JJYVVPZDc1T1FETE1KUnErQT09
Webinar or Meeting ID: 839 8783 1538
Webinar or Meeting Password: 172043
Zoom Phone Line: 16465588656 (same webinar ID and password as above)
City Council meetings are conducted in accordance with Roberts Rules of Order. All regular Council meetings are recorded and televised on CityNet Services Channel 1 and replayed the following Thursday, at 2:00 pm.

1. CALL TO ORDER

2. ROLL CALL

3. PUBLIC COMMENTS FOR ITEMS NOT ON THE AGENDA
Individuals allowed three minutes. It is the Council’s policy to refer matters raised in this forum to staff for investigation and/or action where appropriate. The Brown Act prohibits the Council from discussing or acting upon any matter not agendized pursuant to State Law.

4. CONDUCT OF BUSINESS
a. Introduce, Read by Title Only and Waive Further Reading of the Following Ordinances of the City of San Bruno:
• An Ordinance of the City of San Bruno Amending Chapter 11.02 (Administrative and Referenced Standards Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Referenced Standards Code and the 2022 Administrative Code
• An Ordinance of the City of San Bruno Amending Chapter 11.04 (Building Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Building Code Volumes 1 & 2, the 2022 Historical Building Code, and the 1997 Uniform Housing Code
• An Ordinance of the City of San Bruno Adopting Chapter 11.06 (Energy Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Energy Code
• An Ordinance of the City of San Bruno Adding Chapter 11.07 (Green Building Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Green Building Code
• An Ordinance of the City of San Bruno Amending Chapter 11.08 (Mechanical Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Mechanical Code
• An Ordinance of the City of San Bruno Adding Chapter 11.10 (Residential Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Residential Code
• An Ordinance of the City of San Bruno Amending Chapter 11.16 (Electrical Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Electrical Code
• An Ordinance of the City of San Bruno Amending Chapter 11.20 (Plumbing Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Plumbing Code
• An Ordinance of the City of San Bruno Adding Chapter 11.22 (Existing Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Existing Code
• An Ordinance of the City of San Bruno Amending Chapter 11.24 (Fire Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Fire Code
Adopt a Resolution entitled “A Resolution of the City Council of the City of San Bruno Adopting Findings of Necessity and Need for Amendments, Deletions, and Additions to the 2022 Fire and Building Codes” and set Public Hearing on Adoption of Ordinances for October 11, 2022
b. Introduce, Read by Title Only and Waive Further Reading of the Following Ordinances of the City of San Bruno:

An Ordinance of the City of San Bruno Amending Chapter 11.06 (Energy Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Energy Code
An Ordinance of the City of San Bruno Amending Chapter 11.07 (Green Building Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Green Building Code
and set Public Hearing on Adoption of Ordinances for October 11, 2022 c. Introduce, Read by Title Only, and Waive Further Reading of an Ordinance Amending Chapter 11.40 (Floodplain Management) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code Establishing Floodplain Management Requirements
d. Introduce, Read by Title Only, and Waive Further Reading of an Ordinance Amending Chapter 10.23 (Recycling and Diversion of Debris from Construction and Demolition) of the San Bruno Municipal Code Establishing Diversion Requirements

5. ADJOURNMENT – The next Regular City Council Meeting will be held on September 13, 2022 at 7:00 p.m.

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1. CALL TO ORDER

2. ROLL CALL

5. ADJOURNMENT – The next Regular City Council Meeting will be held on September 13, 2022 at 7:00 p.m.

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1. CALL TO ORDER

2. ROLL CALL

5. ADJOURNMENT – The next Regular City Council Meeting will be held on September 13, 2022 at 7:00 p.m.

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE: September 13, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY: Darcy Smith, Assistant City Manager

SUBJECT:Introduce, Read by Title Only and Waive Further Reading of the following Ordinances of the City of San Bruno:
• An Ordinance of the City of San Bruno Amending Chapter 11.02 (Administrative and Referenced Standards Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Referenced Standards Code and the 2022 Administrative Code • An Ordinance of the City of San Bruno Amending Chapter 11.04 (Building Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Building Code Volumes 1 & 2, the 2022 Historical Building Code, and the 1997 Uniform Housing Code
• An Ordinance of the City of San Bruno Adopting Chapter 11.06 (Energy Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Energy Code
• An Ordinance of the City of San Bruno Adding Chapter 11.07 (Green Building Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Green Building Code
• An Ordinance of the City of San Bruno Amending Chapter 11.08 (Mechanical Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Mechanical Code
• An Ordinance of the City of San Bruno Adding Chapter 11.10 (Residential Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Residential Code
• An Ordinance of the City of San Bruno Amending Chapter 11.16 (Electrical Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Electrical Code
• An Ordinance of the City of San Bruno Amending Chapter 11.20 (Plumbing Code) of Title 11 (Buildings, Construction and Fire

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Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Plumbing Code
• An Ordinance of the City of San Bruno Adding Chapter 11.22 (Existing Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Existing Code
• An Ordinance of the City of San Bruno Amending Chapter 11.24 (Fire Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Fire Code
Adopt a Resolution entitled “A Resolution of the City Council of the City of San Bruno Adopting Findings of Necessity and Need for Amendments, Deletions, and Additions to the 2022 Fire and Building Codes” and set Public Hearing on Adoption of Ordinances for October 11, 2022 BACKGROUND:

The State of California Building Standards Commission adopted new State Building Codes, including the California Fire Code, referenced as the 2022 California Building Codes which became effective on January 1, 2023. The Commission typically prepares code updates every three years with mid-cycle adjustments. These Codes apply minimum construction standards for all construction throughout the State. As of January 1, 2023, the City is required by State law to enforce the California Building Standards Codes (CBC). Therefore, they are by law applicable to all projects in San Bruno that obtain building permits. Local jurisdictions may amend the new California Building Codes to address unique local climatic, geographical and topographical conditions. Local amendments to the State Codes become effective after copies of both the adopting ordinance(s) and adopted finding of need resolution are filed with the California Buildings Standards Commission (CBSC). Local amendments to the State Fire Code are effective after copies of the adopted ordinance and adopted finding of need resolution are filed with the State Department of Housing and Community Development.

The need to adopt the 2022 California Building Codes by reference is to allow for potential amendments to the State Code if the City determines the amendments are necessary, and to be able to most clearly enforce the Building Code through the methods and processes contained within the Municipal Code. The 2022 California Building Codes consist of 13 parts as follows:

Part 1 Administrative Code
Part 2 California Building Code (CBC)
Part 2.5 California Residential Code (CRC)
Part 3 California Electrical Code (CEC)
Part 4 California Mechanical Code (CMC)
Part 5 California Plumbing Code (CPC)
Part 6 California Energy Code
Part 7 (Currently Vacant)
Part 8 California Historical Building Code
Part 9 California Fire Code (CFC)
Part 10 California Existing Building Code
Part 11 California Green Building Standards
Part 12 California Reference Standards Code
During the last code adoption cycle, referenced as the 2019 California Building Codes, the City Council adopted local amendments, described in further detail in this report. These amendments were approved and filed with the CBSC and have been implemented since that time. Most of these amendments are proposed to be carried forward for re-adoption in the attached ordinances.

Minor modifications are proposed to these where appropriate.

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DISCUSSION:
2022 State Code Major Updates Summary:

Building Code Update. The 2022 Building code triennial update includes minor language restatements and refinements in addition to requiring more energy-efficient installation for new residential construction and additional safety measures such as expanding WUI requirement, and other energy-efficient installation for new commercial construction.

Fire Code Update. The 2022 Fire code update includes the any mobile food preparation vehicle to have an operating permit, to authorize the code official to allow the removal of existing occupant use hose lines, to address all configurations of energy systems, including emergency power, standby power, fuel cell power, and stationary battery storage system requirements and to require 24/7 Fire Watch.

Local Amendments:

San Bruno, like most jurisdictions, has historically adopted local amendments tailored to our locality. State law also requires the City to make findings that certain amendments to the state- adopted codes are necessary due to local climatic, geological, and topographical conditions.

Amendments may also be made to administrative sections of the codes without State review. The explanation for these modifications which are necessitated by particular local conditions are delineated below.

Local climatic, geographical and topographical conditions.

Local conditions have an adverse effect on the prevention of (1) major loss fires, (2) major earthquake damage, and (3) the potential for life and property loss, making necessary changes or modifications to the state building standards in order to provide a reasonable and appropriate degree of proper security and fire and life safety in this jurisdiction. Additional information is provided about these topics:

1. Climactic
San Bruno has several microclimates caused by its particular geography. San Bruno lies in the northern portion of the San Francisco Bay Area’s peninsula climatological subregion. The Santa Cruz Mountains extend up the center of the San Francisco Peninsula, with elevations ranging from 500 feet to 2,000 feet. The largest gap in the Santa Cruz Mountains is the San Bruno Gap, which extends from Fort Funston on the Pacific Ocean to SFO Airport on San Francisco Bay.

Because the gap is oriented in the same northwest-to-southwest direction as the prevailing winds, and because elevations in the gap are below 200 feet, marine air is easily able to flow through the gap in the direction of the Bay. Atmospheric conditions such as wind speed, wind direction, and air temperature interact with the physical features of the landscape to determine the movement and dispersal of air and air pollutants. Accordingly, San Bruno’s microclimate is such that it is often windy. The winds create a significant fire threat to life and property when they occur during periods of low humidity and high temperature. Sections of the City with large eucalyptus groves, as well as developments that border canyons with large quantities of flammable brush and undergrowth, present a significant fire threat.

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2. Geological
San Bruno, which is only about six (6) square miles, has an active fault and two inactive faults running through it. The San Andreas Fault is considered active and passes through San Bruno running in a northwestern-southeasterly direction. Because of its active status, surface rupture potential is considered moderate to high, especially in western San Bruno. Further, state law governs development within designated areas along active fault lines pursuant to the Alquist- Priolo Special Studies Zone Act enacted in 1972. It requires cities and counties to regulate certain types of development within state delineated special study zones. Parts of San Bruno are located in Alquist-Priolo Earthquake Fault Zones thus signifying that an active fault may pose a risk of surface fault rupture to structures and therefore those areas warrant special planning and disclosures. Liquefaction is also a seismically induced hazard, which is more likely in areas underlain by clean sand lenses saturated by high groundwater. These conditions are found near the freeway, interstate interchanges, airport lands, some schools, parks and jail lands.

There are also other geologic hazards including landslides, mudslides, and erosion that may be related to seismic activity or may occur independently. Slope instability may be induced by a number of factors including heavy rainfall, grading and construction that disrupt natural drainage courses and undermine burdened hillsides. San Bruno has been adversely affected by a number of landslides.

In addition, San Bruno’s particular geological situation allows it to provide ground water in addition to receiving surface supply from Hetch Hetchy in order to service the community. However, both systems are susceptible to damage in an earthquake thereby impacting the city’s ability to deliver water during a catastrophic event. Due to the aged water infrastructure, an earthquake could present a fire potential and hazardous materials risk that would overwhelm the City’s capability to suppress fires and respond to hazardous material incidents. The increased requirement for fire sprinklers would provide an additional means of protection in the community to help mitigate this potential.

Because of low elevations and other factors, flooding periodically occurs during heavy rains and simultaneous high tides. Some low-lying areas are also subject to potential flood hazards, such as City Park, some schools, and the central business district.

Access for firefighters and equipment is difficult due to the terrain and lack of streets in undeveloped areas. Other fire hazards occur in urbanized areas including those associated with the transmission of jet fuel to the San Francisco International Airport. Industrial chemicals and processing activities occurring in industrial areas of the City contribute to fire hazards and these may be compounded by crowded conditions where there is not much separation between buildings.

Conclusion:Local climactic, geographical and topographical conditions impact fire prevention efforts relating to the spread, acceleration, intensity, and size of fire involving buildings and vegetative areas in this City. Further, they impact potential damage to all structures, from earthquake and subsequent fire. The City Council finds it is needed and necessary to modify the

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building standards set forth in the state codes in order to mitigate the effects of the above conditions.

Key Building Code Changes Adopted by the CBSC:

Most of the changes within the 2022 Building Codes relate to code language restatements and minor refinements. However, there are a few noteworthy changes as follows:
2022 Key Building Code Changes: Residential and Commercial •Mandatory “all electric ready” required for new construction. •Energy Storage System (ESS) requirements
•Increased indoor air quality requirements
•Increased Electric Vehicle (EV) charging requirements.

Adoption of 2022 California Administrative Code:

Staff recommends re-adoption the 2022 Administrative Code by reference as identified in

11.02.010 of the San Bruno Municipal Code (SBMC):
oNo amendments proposed
Adoption and Proposed Local Amendments to the 2022 California Building Code:

Staff recommends re-adoption, modifying, or deleting previous amendments to the 2019 Building Code identified in 11.04.020 of the San Bruno Municipal Code (SBMC). The most notable new local amendments include
oSite Address Identification
oSection 501.2 amended to ensure address identification is legible and placed in a position that is visible from the street or road fronting to facilitate emergency response.

Adoption of 2022 California Energy Code:

Staff recommends re-adoption the 2022 Energy Code by reference as identified in 11.06.010 of the San Bruno Municipal Code (SBMC):
oNo amendments proposed
Adoption of 2022 California Green Building Code:

Staff recommends re-adoption the 2022 Green Building Code by reference as identified in

11.07.010 of the San Bruno Municipal Code (SBMC):
oNo amendments proposed
Adoption and Proposed Local Amendments to the 2022 California Mechanical Code:

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Staff recommends re-adoption, modifying, or deleting previous amendments to the 2019 Mechanical Code identified in 11.08.020 of the San Bruno Municipal Code (SBMC):
oRemoval of references for Permit Fees and Plan Review Fees oSection 108.4.2.2 and 108.4.2.3 are referenced in the 2022 Mechanical Code oAppeal and Review
oSection number corrected
Adoption and Proposed Local Amendments to the 2022 California Residential Code:

Staff recommends adding chapter 11.10 (Residential Code) and adopting and amending the 2022 California Residential Code to the San Bruno Municipal Code (SBMC). The most notable new amendments include
oConstruction Fencing
oSection R300.3 added for requirements for projects completing substantial construction where the structure does not meet the minimum habitable requirements in the Health and Safety code, shall provide protection for adjoining public and private property to protect from damage and theft during construction, remodeling, and demolition work. Protection will be required maintained in place and kept in good order for the entire length of construction. oExisting Emergency Escape Windows
oSize requirement for emergency escape windows.
oSite Address Identification
oSection R319.1 amended to include revised illumination and height requirements Adoption and Proposed Local Amendments to the 2022 California Electrical Code:

Staff recommends re-adoption, modifying, or deleting previous amendments to the 2019 Electrical Code identified in 11.16.020 of the San Bruno Municipal Code (SBMC):
oAppeal and Review
oSection number corrected
Adoption and Proposed Local Amendments to the 2022 California Plumbing Code:

Staff recommends re-adoption, modifying, or deleting previous amendments to the 2019 Plumbing Code identified in 11.20.020 of the San Bruno Municipal Code (SBMC):
oRemoval of references for Permit Fees and Plan Review Fees oSection 108.4.2 and 108.4.2.1 are referenced in the 2022 Plumbing Code oAppeal and Review
Section number corrected
Adoption and Proposed Local Amendments, deletions, and additions to the 2022 California Existing Code:

Staff recommends adding chapter 11.22 (Existing Code) and adopting and amending the 2022 California Existing Code to the San Bruno Municipal Code (SBMC):
oExisting Emergency Escape Windows
o Size requirement for emergency escape windows.

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Adoption and Proposed Local Amendments, deletions, and additions to the 2022 California Fire Code:

Staff recommends re-adoption, modifying, or deleting previous amendments to the 2019 Fire Code identified in 11.24.030 of the San Bruno Municipal Code (SBMC). The most notable new local amendments include
oMobile Food Preparation Vehicles
oSection 105.5.55 added to require a Fire Department permit and inspection for mobile food preparation vehicles equipped with appliances that produce smoke or grease-laden vapors. This was in the 2019 Fire Code but was deleted in 2022. oGeneral Definitions
oSection 202 amended to include definitions for local amendments, including for example Combination Alarm Systems, Fire Control Room, Mobile Food Preparation Vehicles, and Nuisance Alarm.
oRecreational Fires
oSection 307.4.2 amended to indicate unless approved by the fire code official, recreational fires shall not be conducted within 25 feet (7620 mm) of a structure or combustible material.
oNuisance Alarm Notification
oSection 401.3.2.1 amended to indicate notification of emergency responders based on a nuisance alarm may be punishable by a fine in accordance with the adopted fee schedule or ordinance.
oMultiple Nuisance Alarm Activations
oSection 401.3.2.2 amended to indicate any occupancy that has more than three nuisance alarms, causing emergency response within a 12-month fiscal calendar year period (July 1 through June 30) may be required to modify, repair, upgrade or replace their system and/or monitoring station as determined by the fire code official.
oRecords Reporting
oSection 901.6.3.2 added to indicate all inspection, testing and maintenance reports shall be forwarded to the Fire Department using electronic media to the designated third-party as assigned in the Policy Manual.
oLithium-ion Batteries in Vehicles
oSection 903.2.10.3 added to indicate In Group S-2 occupancies, predominantly parking garages, with portions of floors without lithium-ion batteries in vehicles, shall be provided with a sprinkler protection system per NFPA (National Fire Protection Association)13.
oAccessible Combustible and Noncombustible Sub-Floors
oSection 903.2.2 added to require smoke detection under a raised access floor greater than 6 inches.
oExisting Group R Occupancies.
oSection 907.2.11.2.5 added to indicate all existing Group R Division 3 Occupancies shall be provided with an approved smoke detection system meeting the requirements of 907.2.11.2 throughout the structure.
oCombination Alarm Systems
oSection 907.11 added to indicate no combination fire no burglar alarm systems are permitted.

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Next Steps:

If the City Council takes action to introduce these ordinances, then the City Council public hearing for the second reading and adoption of the ordinances will be scheduled for October 11, 2022. If the ordinances are adopted by City Council, staff will file copies of the ordinances with the California Building Standards Commission and State Department of Housing and Community Development.

In preparation for this code adoption cycle, in late 2022 staff will prepare and post an announcement on the City’s website, including links to resources, for the public to review and obtain information regarding the new codes.

FISCAL IMPACT:

There is no fiscal impact from the adoption of the Ordinances.

ENVIRONMENTAL CLEARANCE:

The proposed ordinances qualify for an exemption from the requirements of the California Environmental Quality Act (CEQA) pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) and 15378 (b)(5), because the ordinances are not a Project that has the potential for causing a significant effect on the environment.

ALTERNATIVES:

1. Adopt only the State model codes without adopting any local amendments at this time.

2. Direct staff to revise or remove specific local amendments.

3. Request staff to bring back additional information for further consideration.

RECOMMENDATION:

Introduce, Read by Title Only and Waive Further Reading of the following Ordinances of the City of San Bruno:
• An Ordinance of the City of San Bruno Amending Chapter 11.02 (Administrative and Referenced Standards Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Referenced Standards Code and the 2022 Administrative Code • An Ordinance of the City of San Bruno Amending Chapter 11.04 (Building Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Building Code Volumes 1 & 2, the 2022 Historical Building Code, and the 1997 Uniform Housing Code
• An Ordinance of the City of San Bruno Adopting Chapter 11.06 (Energy Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Energy Code

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• An Ordinance of the City of San Bruno Adding Chapter 11.07 (Green Building Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Green Building Code
• An Ordinance of the City of San Bruno Amending Chapter 11.08 (Mechanical Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Mechanical Code
• An Ordinance of the City of San Bruno Adding Chapter 11.10 (Residential Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Residential Code
• An Ordinance of the City of San Bruno Amending Chapter 11.16 (Electrical Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Electrical Code
• An Ordinance of the City of San Bruno Amending Chapter 11.20 (Plumbing Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Plumbing Code
• An Ordinance of the City of San Bruno Adding Chapter 11.22 (Existing Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Existing Code
• An Ordinance of the City of San Bruno Amending Chapter 11.24 (Fire Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Fire Code
Adopt a Resolution entitled “A Resolution of the City Council of the City of San Bruno Adopting Findings of Necessity and Need for Amendments, Deletions, and Additions to the 2022 Fire and Building Codes” and set Public Hearing on Adoption of Ordinances for October 11, 2022.

ATTACHMENTS:

1. Resolution- 2022 Fire and Building Code Amendments

2. Ordinance adopting by reference the 2022 Administrative and the 2022 California Reference Standards Code (Ch. 11.02)

3. Ordinance adopting by reference the 2022 Building Code (Ch. 11.04)

4. Ordinance adopting by reference the 2022 Energy Code (Ch. 11.06)

5. Ordinance adopting by reference the 2022 Green Building Code (Ch. 11.07)

6. Ordinance adopting by reference the 2022 Mechanical Code (Ch. 11.08)

7. Ordinance adopting by reference the 2022 Residential Code (Ch. 11.10)

8. Ordinance adopting by reference the 2022 Electrical Code (Ch. 11.16)

9. Ordinance adopting by reference the 2022 Plumbing Code (Ch. 11.20)

10. Ordinance adopting by reference the 2022 Existing Code (Ch. 11.22)

11. Ordinance adopting by reference the 2022 Fire Code (11.24)

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RESOLUTION NO. 2022- ____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO ADOPTING

FINDINGS OF NECESSITY AND NEED FOR AMENDMENTS, DELETIONS, AND ADDITIONS TO THE 2022 FIRE AND BUILDING CODES.

WHEREAS, concurrent with this resolution, the City Council of the City of San Bruno will adopt the California Building Standards Code which consists of the 2022 editions of the California Building Code, Volumes 1 & 2, the 2022 California Historical Building Code, the 2022 California Existing Building Code, the 2022 Residential Code, the 2022 California Energy Code, 2022 Green Building Standards Code, the 2022 California Plumbing Code, the 2022 Mechanical Code, the 2022 Electrical Code, the 2022 Fire Code, and readopt the 1997 Uniform Housing Code (collectively herein “the Fire and Building Codes.”);
WHEREAS, it is the intent of the City Council of San Bruno to formally adopt the 2022 Fire and Building Codes at its regular meeting of _______________ for that purpose;
WHEREAS, California Health and Safety Code seeks to have uniform building standards in substantially the same format throughout the state; WHEREAS, the City of San Bruno is authorized by Health and Safety Code Sections 17958.5 and 17958.7 to impose modifications on the California Building Standards, providing such modifications are more stringent than state standards and the modifications “are reasonably necessary because of local climatic, geological or topographical conditions”; and
WHEREAS, the City Council of San Bruno has determined and finds that the attached changes and modifications are needed and reasonably necessary because of local climactic, geological or topographical conditions in San Bruno.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Bruno that the following findings are made in support of modifications, amendments, additions and deletions to the Fire and Building Codes.

Local Conditions generally: Local conditions have an adverse effect on the prevention of (1) major loss fires, (2) major earthquake damage, and (3) the potential for life and property loss, making necessary changes or modifications to the state building standards in order to provide a reasonable and appropriate degree of proper security and fire and life safety in this jurisdiction. Below are listed adverse local climactic, geographical, and topographic conditions largely articulated in the City’s General Plan and associated environmental impact report. Modifications which are necessitated by particular local conditions are delineated below.

1. Climactic
San Bruno has several microclimates caused by its particular geography. San Bruno lies

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AMENDMENT OF SBMC TITLE 11 (BUILDINGS, CONSTRUCITON AND FIRE

PROTECTION) ADOPTING FINDINGS OF NECESSITY AND NEED
FOR AMENDMENTS, DELETIONS, AND ADDITIONS TO THE 2022 FIRE AND BUILDING CODES

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in the northern portion of the San Francisco Bay Area’s peninsula climatological subregion. The Santa Cruz Mountains extend up the center of the San Francisco Peninsula, with elevations ranging from 500 feet to 2,000 feet. The largest gap in the Santa Cruz Mountains is the San Bruno Gap, which extends from Fort Funston on the Pacific Ocean to SFO Airport on San Francisco Bay. Because the gap is oriented in the same northwest-to-southwest direction as the prevailing winds, and because elevations in the gap are below 200 feet, marine air is easily able to flow through the gap in the direction of the Bay. Atmospheric conditions such as wind speed, wind direction, and air temperature interact with the physical features of the landscape to determine the movement and dispersal of air and air pollutants. Accordingly, San Bruno’s microclimate is such that it is often windy. The winds create a significant fire threat to life and property when they occur during periods of low humidity and high temperature. Sections of the City with large eucalyptus groves, as well as developments that border canyons with large quantities of flammable brush and undergrowth, present a significant fire threat.

2. Geological
San Bruno, which is only about six (6) square miles, has an active fault and two inactive faults running through it. The San Andreas Fault is considered active and passes through San Bruno running in a northwestern-southeasterly direction. Because of its active status, surface rupture potential is considered moderate to high, especially in western San Bruno. Further, state law governs development within designated areas along active fault lines pursuant to the Alquist-Priolo Special Studies Zone Act enacted in 1972. It requires cities and counties to regulate certain types of development within state delineated special study zones. Parts of San Bruno are located in Alquist-Priolo Earthquake Fault Zones thus signifying that an active fault may pose a risk of surface fault rupture to structures and therefore those areas warrant special planning and disclosures. Liquefaction is also a seismically induced hazard, which is more likely in areas underlain by clean sand lenses saturated by high groundwater. These conditions are found near the freeway, interstate interchanges, airport lands, some schools, parks and jail lands.

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PROTECTION) ADOPTING FINDINGS OF NECESSITY AND NEED
FOR AMENDMENTS, DELETIONS, AND ADDITIONS TO THE 2022 FIRE AND BUILDING CODES

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3. Topographic
The greatest fire hazards occur in areas close to natural vegetation, primarily in and above Crestmoor Canyon, and in the western foothills. Heavily wooded, chaparral and grass- covered slopes are highly flammable during dry months, particularly if there is accumulated undergrowth. Access for firefighters and equipment is difficult due to the terrain and lack of streets in undeveloped areas. Other fire hazards occur in urbanized areas including those associated with the transmission of jet fuel to the San Francisco International Airport. Industrial chemicals and processing activities occurring in industrial areas of the City contribute to fire hazards and these may be compounded by crowded conditions where there is not much separation between buildings.

The following table provides code sections that have been modified along with the associated local condition that necessitates the modification:

Code Section
Local
Condition
Building
Code 107.6, 113.1, 114.4, 501.2, 1505.1 1, 2, 3
Existing
Building
Code
CEBC 506A.4 1,2,3
Residential
Code R319.1, R341 1,2,3
Fire Code
102.14, 105.5, 107, 111.1, 111.2, 111.3, 112.4, 202,
307.4.2, 319, 401.3.2, 503.1, 505, 506, 507, 508, 510,
606, 901, 903.2, 905, 907, 5003, 5601
1, 2, 3
NOW, THEREFORE, BE IT RESOLVED that the City Council hereby adopts the findings of necessity and need for amendments, deletions, and additions to the 2022 Fire and Building Code for the City of San Bruno.

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PROTECTION) ADOPTING FINDINGS OF NECESSITY AND NEED
FOR AMENDMENTS, DELETIONS, AND ADDITIONS TO THE 2022 FIRE AND BUILDING CODES

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---oOo---
I hereby certify that foregoing Resolution No. 2022__
was adopted by the San Bruno City Council at a regular meeting on ____________ by the following vote:

AYES: Councilmembers:

NOES: Councilmembers
ABSENT: Councilmembers:

_________________________________
Vicky Hasha
Deputy City Clerk

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ORDINANCE NO. _________
AN ORDINANCE OF THE CITY OF SAN BRUNO AMENDING CHAPTER 11.02 (ADMINISTRATIVE AND REFERENCED STANDARDS CODE) OF TITLE 11 (BUILDINGS, CONSTRUCTION AND FIRE PROTECTION) OF THE SAN BRUNO MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 CALIFORNIA REFERENCED STANDARDS CODE AND THE 2022 ADMINISTRATIVE CODE The City Council of the City of San Bruno ORDAINS as follows:

SECTION 1.Existing Chapter 11.02 (Administrative and Referenced Standards Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code is hereby amended.

SECTION 2. FINDINGS.

WHEREAS, it is the intent of the City Council of San Bruno to formally adopt the 2022 Fire and Building Codes at its regular meeting of ____________for that purpose;
WHEREAS, the proposed San Bruno Municipal Code Amendments will be consistent with the General Plan and Specific Plans of the City of San Bruno; and WHEREAS, California Health and Safety Code seeks to have uniform building standards in substantially the same format throughout the state; and WHEREAS, the City of San Bruno is authorized by Health and Safety Code Sections 17958.5 and 17958.7 to impose modifications on the California Building Standards, providing such modifications are more stringent than state standards and the modifications “are reasonably necessary because of local climatic, geological or topographical conditions”; and
WHEREAS, the City Council of San Bruno has determined and finds that the attached changes and modifications are needed and reasonably necessary because of local climactic, geological or topographical conditions in San Bruno.

WHEREAS, on September 13, 2022, the City Council introduced the ordinance amendments and scheduled a public hearing. On ___________________, the City Council held a duly-noticed public hearing on the proposed Municipal Code amendment and on said date the public hearing was opened, held, and closed and the Ordinance was adopted.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San Bruno that the following findings are made in support of modifications,

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amendments, additions and deletions to the Fire and Building Codes.

SECTION 3. REGULATION.

San Bruno Municipal Code Chapter 11.02 (Administrative and Referenced Standards Code) of Title 11 (Buildings, Construction and Fire Protection) is hereby amended as shown in underline for additions and strikethrough for deletions, as follows:

Chapter 11.02

ADMINISTRATIVE AND REFERENCED STANDARDS CODE
Sections:

11.02.010 Adoption of the 2016 2019 2022 California Administrative Code and the 2016 2019 2022 California Referenced Standards Code.

11.02.020 Violations.

11.02.010 Adoption of the 2016 2019 2022 California Administrative Code A. Certain documents are marked the “2016 2019 2022California Referenced Standards Code” and the “2016 2019 2022California Administrative Code.” One copy of these documents is on file in the office of the building official. The documents are published by the International Code Council and the California Building Standards Commission. The documents, together with any additions, deletions, amendments as set forth herein, and any future addenda or errata published by the State of California, are adopted as the administrative and referenced standards code for the building standards of the city of San Bruno, and may be cited as such.

B. No section of this chapter shall impose a mandatory duty of enforcement on the city, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, such section shall be deemed to invest the city, and the appropriate officer, official, agent, employee, board, council or commission thereof with the discretion to enforce the section, or not to enforce it.

11.02.020 Violations.

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during which such violation exists and shall be punished as set forth in San Bruno Municipal Code Chapter 1.28.

SECTION 4. NO MANDATORY DUTY OF CARE. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or parties within the city or outside of the city, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.

SECTION 6. CEQA EXEMPTION. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) and 15378 (b)(5), that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project that has the potential for causing a significant effect on the environment. The Council therefore directs that the Planning Division may file a Notice of Exemption with the San Mateo County Clerk.

SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on January 1, 2023.

SECTION 8. PUBLICATION. The City Clerk is directed to cause publication of this Ordinance as required by law.
---oOo---
I, Vicky Hasha, Deputy City Clerk, do hereby certify that the foregoing Ordinance No. ____ was introduced at a regular meeting of the San Bruno City Council on ______ and adopted by the San Bruno City Council at a regular meeting on _______, by the following vote:

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AYES: Councilmembers:

NOES: Councilmembers:

RECUSED: Councilmembers:

ABSENT: Councilmembers:

Vicky Hasha
Deputy City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney

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ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF SAN BRUNO AMENDING CHAPTER 11.04 (BUILDING CODE) OF TITLE 11 (BUILDING, CONSTRUCTION AND FIRE

PROTECTION) OF THE SAN BRUNO MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 EDITION OF THE CALIFORNIA BUILDING CODE VOLUMES 1 & 2, THE 2022 HISTORICAL BUILDING CODE, AND THE 1997

UNIFORM HOUSING CODE
The City Council of the City of San Bruno ORDAINS as follows:

SECTION 1.Existing Chapter 11.04 (Building Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code is hereby amended.

SECTION 2. FINDINGS.

WHEREAS, it is the intent of the City Council of San Bruno to formally adopt the 2022 Fire and Building Codes at its regular meeting of October 11, 2022 for that purpose; WHEREAS, the proposed San Bruno Municipal Code Amendments will be consistent with the General Plan and Specific Plans of the City of San Bruno; and WHEREAS, California Health and Safety Code seeks to have uniform building standards in substantially the same format throughout the state; and WHEREAS, the City of San Bruno is authorized by Health and Safety Code Sections 17958.5 and 17958.7 to impose modifications on the California Building Standards, providing such modifications are more stringent than state standards and the modifications “are reasonably necessary because of local climatic, geological or topographical conditions”; and
WHEREAS, the City Council of San Bruno has determined and finds that the attached changes and modifications are needed and reasonably necessary because of local climactic, geological or topographical conditions in San Bruno.

WHEREAS, on September 13, 2022, the City Council introduced the ordinance amendments and scheduled a public hearing. On October 11, 2022, the City Council held a duly-noticed public hearing on the proposed Municipal Code amendment and on said date the public hearing was opened, held, and closed and the Ordinance was adopted.

SECTION 3. REGULATION.

Existing Chapter 11.04 (Building Code) of Title 11 (Buildings, Construction and Fire Protection) is hereby amended as shown in underline for additions and strikethrough for deletions, as follows:

Chapter 11.04

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BUILDING CODE
Sections:

11.04.010 Adoption of the 2016 2019 2022 California Building Code, Volumes 1 & 2, the 2013 2022 California Historical Code, the 2016 2019 California Existing Building Code, the 2016 2019 Residential Building Code, the 2016 2019 Green Building Standards Code and the 1997 Uniform Housing Code the 2015 2018 International Building Code.

11.04.020 Amendments.

11.04.0430 Most restrictive code provision.

A. Certain documents are marked 2016 2019 2022 California Building Code, Volumes 1 & 2, the 2016 2019 2022 California Historical Code, the 2016 2019 California Existing Building Code, the 2016 2019 Residential Building Code, the 2016 2019 Green Building Standards and the 1997 Uniform Housing Code and the 2015 2018 International Building Code. The appendices to the 2016 2019 California Building Code are excluded from adoption except for CBC Appendix F- Rodent Proofing; Appendix I – Patio Covers; and Appendix J – Grading, which are specifically adopted. The appendices to the 2016 2019 Residential Building Code are excluded from adoption except Appendix C – Exit Terminals of Mechanical Draft and Direct Venting Systems; Appendix D – Recommended Procedure for Safety Inspection of (E) Appliance Installation, Appendix E – Manufactured Housing Use as Dwellings; Appendix G – Swimming Pools, Spas and Hot Tubs; Appendix H – Patio Covers; Appendix J – (E) Buildings and Structures, Appendix K – Sound Transmission; Appendix O – Gray Water Recycling Systems. A copy of these documents is on file in the office of the building official. The documents are published by the International Code Council and the California Building Standards Commission. The documents with additions, deletions and amendments set forth herein, and any future addenda or errata published by the State of California, are adopted as the building code for the building standards of the city of San Bruno, and may be cited as such.

B. No section of the city’s building code shall impose a mandatory duty of enforcement on the city, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, such section shall be deemed to invest the city, and the appropriate officer, official, agent, employee, board, council or commission thereof with the discretion to enforce the section , or not to enforce it.

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11.04.020 Amendments.

Amendments to the 2019 2022 California Building Code are as follows:

A. Section 107.6 is added to the 2019 2022 California Building Code to read as follows:

Protection from Airport Noise. Any residential structure located within the 65 CNEL as determined by the 2020 Noise Forecast adopted by the Comprehensive Airport Land Use Compatibility Plan (SFO CLUP) which is either newly constructed or renovated at a cost equal to or greater than 25% of the valuation shall meet noise insulation standards set by the Federal Aviation Administration.

Any section or table in any of the codes adopted by this chapter that allows any structure dimension to be unlimited must be approved by the building official and the fire code official.

B. Section [A] 110.1 Inspections - is added to the 2016 2019 California Building Code to read as follows:

The covering of store front windows or obstructing the view in any manner that limits the ability of the Building Official to conduct a visual inspections from outside of building upon vacancy and or prior to and during tenant improvement work is prohibited.

C. Section 113.1 of the 2022 California Building Code is amended to read as follows:

Appeal and Review. The building official shall be charged with the duty and responsibility of administrating the provisions of this chapter.

Whenever it is provided herein that certain things shall be done in accordance with the order, opinion, or approval of the building official, such order, opinion or approval shall be complied with; provided, any person aggrieved thereby, or believing that such order, opinion or approval is erroneous or faulty, may appeal except as otherwise provided in this chapter, to the city manager in writing within seventy-two hours after such order, opinion or approval has been given, and the city manager shall affirm, modify or reverse the same within seventy-two (72) hours thereafter The decision of the city manager shall be final and conclusive. In the meantime, except in the case of immediate hazard, the order, opinion, or approval shall be deemed suspended until such person has exhausted his or her right of appeal as herein provided.

D. Section 114.4 of the 2022 California Building Code shall be amended to read as follows:

1. 114.4 Violation Penalties. Any person, firm, or corporation who violates a provision of this code or fails to comply with any of the requirements of thereof or who erects, constructs, alters or repairs a building or structure in

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violation of the approved construction documents or directive of the building official, or of a permit of certificate issued under the provisions of this code, shall be deemed guilty of a misdemeanor, and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which such violation exists and shall be punished as set forth in San Bruno Municipal Code Chapter 1.28.

E. Section 502.1 of the 2022 California Building Code shall be amended to read as follows:
502.1.1 Address Identification. When the structure is thirty-six (36) to fifty (50) feet from the street or fire apparatus access, a minimum of one-half inch (1/2”) stroke by six inches (6”) high is required.
502.1.2 Multi-Tenant Buildings. Numbers or letters shall be designated on all occupancies within a building. Size shall be one-half inch (1/2”) stroke by four inches (4”) high and on a contrasting background. Directional address numbers or letters shall be provided. Said addresses or numbers shall be posted at a height no greater than 5 feet, 6 inches (5' 6") above the finished floor and shall be either internally or externally illuminated in all new construction.
502.1.3 Rear Addressing. When required by the fire code official, approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the fire apparatus road at the back of a property or where rear parking lots or alleys provide and acceptable vehicular access.

Newly constructed site address identification in occupancies regulated by this code shall be illuminated and receive their primary power from building wiring. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection.

F. Section 701.1 Inspection and Certification, of the California Building Code shall be amended to read as follows:

The determination of Wildland-Urban Interface Fire areas and the appropriate non- combustible materials for construction in those areas shall be determined by the City Fire Marshal and Building Official.

G. Section 1505.1 Table 1505.1 of the 2022 California Building Code is amended to read as follows:

The minimum roof covering classification for all types of construction regulated by this code in San Bruno shall be Class B fire-retardant rating

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H. Sections R319.1 Site Address Identification is amended to read as follows:

Newly constructed site address identification of R Occupancies shall be illuminated and receive their primary power from building wiring. Wiring shall be permanent and without a disconnecting switch other than those required for overcurrent protection.

I. . Section R403.1.3 of the California Residential Code is amended as follows:

Minimum reinforcement shall be two continuous longitudinal reinforcing bars not smaller than No. 4 bars.

J.. Section R602.10.4 and Table 602.10.4 of the California Residential Code is amended as follows:

Gypsum wall board (method GB) and plaster (method PCP) shall not be considered for braced wall panels.

11.04.030 Most restrictive code provision.

If a discrepancy occurs between the municipal code and the state building codes, the municipal code shall apply. If a discrepancy occurs between the state codes adopted pursuant to this chapter, the most restrictive code shall prevail as interpreted by the building official.

SECTION 5. CONSTITUTIONALITY; SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, invalid or ineffective by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.

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(CEQA) in that it is not a Project that has the potential for causing a significant effect on the environment. The Council therefore directs that the Planning Division may file a Notice of Exemption with the San Mateo County Clerk.

SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on January 1, 2023.

AYES: Councilmembers:

NOES: Councilmembers:

RECUSED: Councilmembers:

ABSENT: Councilmembers:

Vicky Hasha
Deputy City Clerk
APPROVED AS TO FORM:
______________________________

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City Attorney

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ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF SAN BRUNO AMENDING 11.06 (ENERGY CODE) OF TITLE 11 (BUILDINGS, CONSTRUCTION AND FIRE PROTECTION) OF THE SAN BRUNO MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022

CALIFORNIA ENERGY CODE
The City Council of the City of San Bruno ORDAINS as follows:

SECTION 1. Existing Chapter 11.06 (Energy Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code is hereby amended.

SECTION 2. FINDINGS.

WHEREAS, it is the intent of the City Council of San Bruno to formally adopt the 2022 Fire and Building Codes at its regular meeting of ______________ for that purpose; WHEREAS, the proposed San Bruno Municipal Code Amendments will be consistent with the General Plan and Specific Plans of the City of San Bruno; and WHEREAS, California Health and Safety Code seeks to have uniform building standards in substantially the same format throughout the state; and WHEREAS, the City of San Bruno is authorized by Health and Safety Code Sections 17958.5 and 17958.7 to impose modifications on the California Building Standards, providing such modifications are more stringent than state standards and the modifications “are reasonably necessary because of local climatic, geological or topographical conditions”; and
WHEREAS, the City Council of San Bruno has determined and finds that the attached changes and modifications are needed and reasonably necessary because of local climactic, geological or topographical conditions in San Bruno.

WHEREAS, on September 13, 2022, the City Council introduced the ordinance amendments and scheduled a public hearing. On _____________, the City Council held a duly-noticed public hearing on the proposed Municipal code amendment and on said date the public hearing was opened, held, and closed and the Ordinance was adopted.

SECTION 3. REGULATION.

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Existing Chapter 11.06 (Energy Code) of Title 11 (Buildings, Construction and Fire Protection) is amended as shown in underline for additions and strikethrough for deletions, as follows:

Chapter 11.06

ENERGY CODE
Sections:

11.06.010 Adoption of the 2016 2019 2022 California Energy Code.

11.06.020 Violations.

11.06.010 Adoption of the 2016 2019 2022 California Energy Code.

A. Certain documents are marked “2016 2019 2022California Energy Code”. One copy of this document is on file in the office of the City Building Official. The documents are published by the International Conference of Building Officials and the California Building Standards Commission. The documents and appendix 1 A, printed therein, together with any additions, deletions, amendments as set forth herein, and any future addenda or errata published by the State of California, are adopted as the energy code for the building standards of the city of San Bruno, and may be cited as such.

B. No section of the City’s Energy Code shall impose a mandatory duty of enforcement on the city, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, such section shall be deemed to invest the city, and the appropriate officer, official, agent, employee, board, council or commission thereof with the discretion to enforce the section, or not to enforce it.

11.06.020 Violations.

Any person, firm, or corporation violating any provisions of this code shall be deemed guilty of a misdemeanor, and each such person, firm, or corporation, shall be deemed guilty of a separate offense for each and every day or portion thereof during which such violation exists and shall be punished as set forth in San Bruno Municipal Code Chapter

1.28. SECTION 4. NO MANDATORY DUTY OF CARE. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or parties within the city or outside of the city, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

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SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on January 1, 2023.

AYES: Councilmembers:

NOES: Councilmembers:

RECUSED: Councilmembers:

ABSENT: Councilmembers:

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Vicky Hasha
Deputy City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney

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ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF SAN BRUNO ADDING CHAPTER 11.07 (GREEN BUILDING CODE) OF TITLE 11 (BUILDINGS, CONSTRUCTION AND FIRE

PROTECTION) OF THE SAN BRUNO MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 CALIFORNIA GREEN BUILDING CODE
The City Council of the City of San Bruno ORDAINS as follows:

SECTION 1. Adding Chapter 11.07 (Green Building Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code is hereby amended.

SECTION 2. FINDINGS.

WHEREAS, it is the intent of the City Council of San Bruno to formally adopt the 2022 Fire and Building Codes at its regular meeting of September 13, 2022 for that purpose;
WHEREAS, the proposed San Bruno Municipal Code Amendments will be consistent with the General Plan and Specific Plans of the City of San Bruno; and WHEREAS, California Health and Safety Code seeks to have uniform building standards in substantially the same format throughout the state; and WHEREAS, the City of San Bruno is authorized by Health and Safety Code Sections 17958.5 and 17958.7 to impose modifications on the California Building Standards, providing such modifications are more stringent than state standards and the modifications “are reasonably necessary because of local climatic, geological or topographical conditions”; and
WHEREAS, the City Council of San Bruno has determined and finds that the attached changes and modifications are needed and reasonably necessary because of local climactic, geological or topographical conditions in San Bruno.

WHEREAS, on September 13, 2022, the City Council introduced the ordinance amendments and scheduled a public hearing. On ___________, the City Council held a duly-noticed public hearing on the proposed Municipal code amendment and on said date the public hearing was opened, held, and closed and the Ordinance was adopted.

SECTION 3. REGULATION.

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8 9
4 Adding Chapter 11.07 (Green Building Code) of Title 11 (Buildings, Construction and Fire Protection) and is amended as follows:

Chapter 11.07

GREEN BUILDING CODE
Sections:

11.07.010 Adoption of the 2022 California Green Building Code.

11.07.020 Violations.

11.07.010 Adoption of the 2022 California Green Building Code.

A. Certain documents are marked “2022 California Green Building Code”. One copy of this document is on file in the office of the City Building Official. The documents are published by the International Conference of Building Officials and the California Building Standards Commission. The documents and appendix 1 A, printed therein, together with any additions, deletions, amendments as set forth herein, and any future addenda or errata published by the State of California, are adopted as the energy code for the building standards of the city of San Bruno, and may be cited as such.

B. No section of the City’s Green Building Code shall impose a mandatory duty of enforcement on the city, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, such section shall be deemed to invest the city, and the appropriate officer, official, agent, employee, board, council or commission thereof with the discretion to enforce the section, or not to enforce it.

11.07.020 Violations.

SECTION 5. CONSTITUTIONALITY; SEVERABILITY. If any section, subsection,

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4 sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, invalid or ineffective by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.

SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on January 1, 2023.

AYES: Councilmembers:

NOES: Councilmembers:

RECUSED: Councilmembers:

ABSENT: Councilmembers:

Vicky Hasha
Deputy City Clerk

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4 APPROVED AS TO FORM:
______________________________
City Attorney

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ORDINANCE NO. _______

AN ORDINANCE OF THE CITY OF SAN BRUNO AMENDING CHAPTER

11.08 (MECHANICAL CODE) OF TITLE 11 (BUILDINGS,

CONSTRUCTION AND FIRE PROTECTION) OF THE SAN BRUNO
MUNICIPAL CODE ADOPTING BY REFERENCE THE 2022 CALIFORNIA

MECHANICAL CODE
The City Council of the City of San Bruno ORDAINS as follows:

SECTION 1. Existing Chapter 11.08 (Mechanical Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code is hereby amended.

SECTION 2. FINDINGS.

SECTION 3. REGULATION.

Existing Chapter 11.08 (Mechanical Code) of Title 11 (Buildings, Construction and Fire Protection) is amended as shown in underline for additions and strikethrough for deletions, as follows:

Chapter 11.08

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MECHANICAL CODE
Sections:

11.08.010Adoption of the 2016 2019 2022 California Mechanical Code.

11.08.020Amendments.

11.08.010 Adoption of the 2016 2019 2022 California Mechanical Code.

A. Certain documents are marked “2016 2019 2022 California Mechanical Code.” One copy of this document is on file in the office of the building official. The documents are published by the International Code Council and the California Building Standards Commission. The documents (and any appendices printed therein, if any) with additions, deletions and amendments as set forth herein, and any future addenda or errata published by the State of California, are adopted as the mechanical code for the building standards of the city of San Bruno, and may be cited as such.

B. No section of the City’s Mechanical Code shall impose a mandatory duty of enforcement on the city, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, such section shall be deemed to invest the city, and the appropriate officer, official, agent, employee, board, council or commission thereof with the discretion to enforce the section, or not to enforce it.

11.08.020 Amendments.

Amendments, additions, and deletions to the 2016 2019 2022 California Mechanical Section are as follows:

A. Section 108.4.2, Fees and plan review, is amended by the addition of the following:

Section 108.4.2.1—General—Fees shall be assessed as set forth in the fee schedule adopted the City Council.

Section 108.4.2.2—Permit Fees—the fee for each permit shall be established by resolution of the City Council.

Section 108.4.2.3—Plan Review Fees—when submittal documents are required by Section 108.4.3, a plan review fee shall be paid at the time of submitting the submittal documents for plan review. Said plan review fee shall be established by resolution of the City Council. The plan review fees specified in this subsection are separate fees from the permit fees specified in Section 108.4.2.1 and are in addition to the permit fees. When submittal documents are incomplete or changed so as to require additional plan review, an additional plan review fee shall be charged as established by resolution of the City Council.

B. Section 108.8 107.0 of the 2016 2019 2022 California Mechanical Code, is amended

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to read as follows:

Appeal and Review
a) The building official shall be charged with the duty and responsibility of administrating the provisions of this chapter.
b) Whenever it is provided herein that certain things shall be done in accordance with the order, opinion, or approval of the building official, such order, opinion or approval shall be complied with; provided, any person aggrieved thereby, or believing that such order, opinion or approval is erroneous or faulty, may appeal except as otherwise provided in this chapter, to the city manager in writing within seventy-two hours after such order, opinion or approval has been given, and the city manager shall affirm, modify or reverse the same within seventy-two (72) hours thereafter The decision of the city manager shall be final and conclusive. In the meantime, except in the case of immediate hazard, the order, opinion, or approval shall be deemed suspended until such person has exhausted his or her right of appeal as herein provided.

C. Section 111.2.1.3 of the 2019 California Mechanical Code, is amended to read as follows:

Any person, firm or corporation violating any provisions of this Code shall be deemed guilty of a misdemeanor, and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which such violation exists and shall be punished as set forth in San Bruno Municipal Code Chapter 1.28.

The Council therefore directs that the Planning Division may file a Notice of Exemption with the San Mateo County Clerk.

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SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on January 1, 2023.

AYES: Councilmembers:

NOES: Councilmembers:

RECUSED: Councilmembers:

ABSENT: Councilmembers:

Vicky Hasha
Deputy City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney

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ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF SAN BRUNO ADDING CHAPTER 11.10 (RESIDENTIAL CODE) OF TITLE 11 (BUILDINGS, CONSTRUCTION AND FIRE

PROTECTION) OF THE SAN BRUNO MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 CALIFORNIA RESIDENTIAL CODE
The City Council of the City of San Bruno ORDAINS as follows:

SECTION 1. Adding Chapter 11.10 (Residential Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code is hereby amended.

SECTION 2. FINDINGS.

SECTION 3. REGULATION.

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Adding Chapter 11.10 (Residential Code) of Title 11 (Buildings, Construction and Fire Protection) and is amended as follows:

Chapter 11.10

RESIDENTIAL CODE
Sections:

11.10.010 Adoption of the 2022 California Residential Code.

11.10.020 Amendments.

11.10.030 Violations.

11.10.010 Adoption of the 2022 California Residential Code.

A. Certain documents are marked “2022 California Residential Code”. One copy of this document is on file in the office of the City Building Official. The documents are published by the International Conference of Building Officials and the California Building Standards Commission. The documents and appendix 1 A, printed therein, together with any additions, deletions, amendments as set forth herein, and any future addenda or errata published by the State of California, are adopted as the energy code for the building standards of the city of San Bruno, and may be cited as such.

B. No section of the City’s Residential Code shall impose a mandatory duty of enforcement on the city, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, such section shall be deemed to invest the city, and the appropriate officer, official, agent, employee, board, council or commission thereof with the discretion to enforce the section, or not to enforce it.

11.10.020 Amendments.

Amendments to the 2022 California Residential Codes are as follows:

A. Section R319.1 is amended as follows:

R319.1 Address identification. 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. Directional address numbers or letters shall be provided. Said addresses or numbers shall be posted at a height no greater than five (5) feet, six (6) inches above the finished floor and shall be either internally or

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externally illuminated in all new construction. 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 4 inches (102 mm) in height with a stroke width of not less than 0.5 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 address 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.

R319.1.1: Rear Addressing. When required by the fire code official, approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the fire apparatus road behind a property or where rear parking lots or alleys provide acceptable vehicular access.

B. Section R341is added as follows:

R341 Construction Fencing. For projects completing substantial construction where the structure does not meet the minimum habitable requirements in the Health and Safety code, protection shall be provided for adjoining public and private property to protect from damage and theft during construction, remodeling, and demolition work.

R341.1 Protection shall be maintained in place and kept in good order for the entire length of construction
R341.2 The construction site shall be secured by temporary chain-linked fencing, with a minimum height of seventy-two (72) inches; the chain-link fence is to be made of galvanized steel and must include a top and bottom rail. The fencing must be adequately anchored to prevent movement and the effects of wind. No visible gaps in the fencing are allowed, including in between or underneath panels.. Gates must be sliding or in-swinging and close tightly with no gaps in or around them.

R341.3 When the construction site is adjacent to any public right-of-way, the fence adjacent to the right-of-way shall have a visual/dust barrier or screening. The screen is to be constructed of green knitted polyethylene or canvas securely fixed to the inside face of the fencing and shall be maintained in a taut condition throughout the project. No twisted wire is to protrude on the exterior side of the fence. No tears or rips greater than two (2) inches in any dimension are permitted.

Any screening that is torn or ripped or fencing or barricades that have been defaced will be replaced at the contractor’s expense within 48 hours.

R341.4 In addition to the required screening, the temporary chain-link fencing facing a public right-of-way shall be set back two (2) feet from any property line or sidewalk, if site conditions allow. All areas visible from the public right-of-way shall be maintained free of weeds and litter.

R341.5 Construction projects shall include the following language in their project specifications, conditions of approval, and/or building permit:

1. Any construction site or staging area fencing facing a public right of way shall include a sign, securely installed on the fence that is made of durable and waterproof materials that provide the following information: the name and emergency contact telephone number of the general contractor. The sign lettering shall be large enough to be read from ten feet away and the sign shall not extend above the top of the fence

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11.10.030 Violations.

SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on January 1, 2023.

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_______, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

RECUSED: Councilmembers:

ABSENT: Councilmembers:

Vicky Hasha
Deputy City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney

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ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF SAN BRUNO AMENDING CHAPTER 11.16 (ELECTRICAL CODE) OF TITLE 11 (BUILDINGS, CONSTRUCTION AND FIRE

PROTECTION) OF THE SAN BRUNO MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 CALIFORNIA ELECTRIC CODE
The City Council of the City of San Bruno ORDAINS as follows:

SECTION 1. Existing Chapter 11.16 (Electrical Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code is hereby amended.

SECTION 2. FINDINGS.

WHEREAS, it is the intent of the City Council of San Bruno to formally adopt the 2022 Fire and Building Codes at its regular meeting of ____________ for that purpose; WHEREAS, the proposed San Bruno Municipal Code Amendments will be consistent with the General Plan and Specific Plans of the City of San Bruno; and WHEREAS, California Health and Safety Code seeks to have uniform building standards in substantially the same format throughout the state; and WHEREAS, the City of San Bruno is authorized by Health and Safety Code Sections 17958.5 and 17958.7 to impose modifications on the California Building Standards, providing such modifications are more stringent than state standards and the modifications “are reasonably necessary because of local climatic, geological or topographical conditions”; and
WHEREAS, the City Council of San Bruno has determined and finds that the attached changes and modifications are needed and reasonably necessary because of local climactic, geological or topographical conditions in San Bruno.

SECTION 3. REGULATION.

Existing Chapter 11.16 (Electrical Code) of Title 11 (Buildings, Construction and Fire Protection) is amended as shown in underline for additions and strikethrough for deletions,

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as follows:

Chapter 11.16

ELECTRICAL CODE
Sections:

11.16.010 2016 2019 2022 Adoption of the California Electrical Code.

11.16.020 Amendments, additions and deletions to the 2016 2019 2022 California Electrical Code.

11.16.010 Adoption of the 2016 2019 2022 California Electrical Code.

A. The code of rules and regulations known and designated as the 2016 2019 2022 California Electrical Code as published by the California Building Standards Commission as adopted and amended by the State of California is adopted. The documents (and the appendices printed with additions, deletions and amendments, and any future addenda or errata published by the State of California, are adopted as the electrical code for the building standards of the City of San Bruno, and may be cited as such. A copy of the code shall be kept in the office of the building official.

B. No section of the California Electrical Code shall impose a mandatory duty of enforcement on the city, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, such section shall be deemed to invest the city, and the appropriate officer, official, agent, employee, board, council or commission thereof with discretion to enforce the section, or not to enforce it.

11.16.020 Amendments, additions and deletions to the 2016 2019 2022 California Electrical Code.

The amendments, additions and deletions to the 2016 2019 California Electrical Code are as follows:

A. Section 89.108.8 90.4 of the 2022 Electrical Code is amended by the addition of the following:

Appeal and Review
a. The building official shall be charged with the duty and responsibility of administrating the provisions of this chapter.
b. Whenever it is provided herein that certain things shall be done in accordance with the order, opinion, or approval of the building official, such order, opinion or approval shall be complied with; provided, any person aggrieved thereby, or believing that such order, opinion or approval is erroneous or faulty, may appeal except as otherwise provided in this chapter, to the city manager in writing within seventy-two

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hours after such order, opinion or approval has been given, and the city manager shall affirm, modify or reverse the same within seventy-two (72) hours thereafter. The decision of the city manager shall be final and conclusive. In the meantime, except in the case of immediate hazard, the order, opinion, or approval shall be deemed suspended until such person has exhausted his or her right of appeal as herein provided.

B. Section 90.4 of the 2022 California Electrical Code is amended by the addition of the following:

The authority having jurisdiction for enforcing this Code is the building official.

C. Section 89.108.9.2,90.4 of the 2022 California Electrical Code is amended by the addition of the following:

Violation Penalties. Any person, firm, or corporation violating any provision of this code shall be deemed guilty of a misdemeanor, and each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which such violation exists and shall be punished as set forth in San Bruno Municipal Code Chapter 1.28.

The Council therefore directs that the Planning Division may file a Notice of Exemption with the San Mateo County Clerk.

SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on January 1, 2023.

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AYES: Councilmembers:

NOES: Councilmembers:

RECUSED: Councilmembers:

ABSENT: Councilmembers:

Vicky Hasha
Deputy City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney

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ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF SAN BRUNO AMENDING CHAPTER 11.20 (PLUMBING CODE) OF TITLE 11 (BUILDINGS, CONSTRUCTION AND FIRE

PROTECTION) OF THE SAN BRUNO MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 CALIFORNIA PLUMBING CODE
The City Council of the City of San Bruno ORDAINS as follows:

SECTION 1. Existing Chapter 11.20 (Plumbing Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code is hereby amended.

SECTION 2. FINDINGS.

WHEREAS, it is the intent of the City Council of San Bruno to formally adopt the 2019 Fire and Building Codes at its regular meeting of ________________for that purpose;
WHEREAS, the proposed San Bruno Municipal Code Amendments will be consistent with the General Plan and Specific Plans of the City of San Bruno; and WHEREAS, California Health and Safety Code seeks to have uniform building standards in substantially the same format throughout the state; and WHEREAS, the City of San Bruno is authorized by Health and Safety Code Sections 17958.5 and 17958.7 to impose modifications on the California Building Standards, providing such modifications are more stringent than state standards and the modifications “are reasonably necessary because of local climatic, geological or topographical conditions”; and
WHEREAS, the City Council of San Bruno has determined and finds that the attached changes and modifications are needed and reasonably necessary because of local climactic, geological or topographical conditions in San Bruno.

WHEREAS, on September 13, 2022, the City Council introduced the ordinance amendments and scheduled a public hearing. On ______________, the City Council held a duly-noticed public hearing on the proposed Municipal code amendment and on said date the public hearing was opened, held, and closed and the Ordinance was adopted.

SECTION 3. REGULATION.

Existing Chapter 11.20 (Plumbing Code) of Title 11 (Buildings, Construction and Fire Protection) is amended as shown in underline for additions and strikethrough for deletions, as follows:

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Chapter 11.20

PLUMBING CODE
Sections:

11.20.010 Adoption of the 2019 2022 California Plumbing Code.

11.20.020 Amendments, additions and deletions to the California Plumbing Code.

11.20.010 Adoption of the 2016 2019 2022 California Plumbing Code.

A. Certain documents are marked “2016 2019 2022 California Plumbing Code.” One copy of this document is on file in the office of the building official. The documents are published by California Building Standards Commission and the International Association of Plumbing and Mechanical Officials. The documents (and any appendices printed therein) together with additions, deletions and amendments as set forth herein, and any future addenda or errata published by the State of California, are adopted as the plumbing code for the building standards of the City of San Bruno, and may be cited as such.

B. No section of the City’s Plumbing Code shall impose a mandatory duty of enforcement on the city, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, such section shall be deemed to invest the city, and the appropriate officer, official, agent, employee, board, council or commission thereof with the discretion to enforce the section, or not to enforce it.

11.20.020 Amendments, additions and deletions to the California Plumbing Code.

The amendments, additions and deletions to the 2016 2019 2022 California Plumbing Code are as follows:

A. Section 108.8,107.0 of the California Plumbing Code is amended to read:

Appeal and Review. The building official shall be charged with the duty and responsibility of administrating the provisions of this chapter.

Whenever it is provided herein that certain things shall be done in accordance with the order, opinion, or approval of the building official, such order, opinion or approval shall be complied with; provided, any person aggrieved thereby, or believing that such order, opinion or approval is erroneous or faulty, may appeal except as otherwise provided in this chapter, to the city manager in writing within seventy-two hours after such order, opinion or approval has been given, and the city manager shall affirm, modify or reverse the same within seventy-two (72) hours thereafter. The decision of the City Manager shall be final and conclusive. In the meantime, except in the case of immediate hazard, the order, opinion, or approval shall be deemed suspended until such person has exhausted

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his or her right of appeal as herein provided.

B. Section 108.9.2, 106.3 of the California Plumbing Code , is amended to read as follows:

C.Section 203.0 103.0 of the 2016 2019 2022 California Plumbing Code is amended to read as follows:

Authority Having Jurisdiction. The administrative authority is the official authorized by the city to administer and enforce the provisions of the plumbing code as adopted or amended. The administrative authority shall be the building official.

SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on January 1, 2023.

SECTION 8. PUBLICATION. The City Clerk is directed to cause publication of this Ordinance as required by law.
---oOo---

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I, Vicky Hasha, Deputy City Clerk, do hereby certify that the foregoing Ordinance No. ____ was introduced at a regular meeting of the San Bruno City Council on ______ and adopted by the San Bruno City Council at a regular meeting on _______, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

RECUSED: Councilmembers:

ABSENT: Councilmembers:

Vicky Hasha
Deputy City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney

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ORDINANCE NO. ________
AN ORDINANCE OF THE CITY OF SAN BRUNO ADDING CHAPTER 11.22 (EXISTING CODE) OF TITLE 11 (BUILDINGS, CONSTRUCTION AND FIRE

PROTECTION) OF THE SAN BRUNO MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 CALIFORNIA EXISTING CODE
The City Council of the City of San Bruno ORDAINS as follows:

SECTION 1. Adding Chapter 11.22 (Existing Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code is hereby amended.

SECTION 2. FINDINGS.

SECTION 3. REGULATION.

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Adding Chapter 11.22 (Existing Code) of Title 11 (Buildings, Construction and Fire Protection) and is amended as follows:

Chapter 11.22

EXISTING CODE
Sections:

11.22.010 Adoption of the 2022 California Existing Code.

11.22.020 Amendments.

11.22.030 Violations.

11.22.010 Adoption of the 2022 California Existing Code.

A. Certain documents are marked “2022 California Existing Code”. One copy of this document is on file in the office of the City Building Official. The documents are published by the International Conference of Building Officials and the California Building Standards Commission. The documents and appendix 1 A, printed therein, together with any additions, deletions, amendments as set forth herein, and any future addenda or errata published by the State of California, are adopted as the energy code for the building standards of the city of San Bruno, and may be cited as such.

B. No section of the City’s Existing Code shall impose a mandatory duty of enforcement on the city, or on any officer, official, agent, employee, board, council, or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, such section shall be deemed to invest the city, and the appropriate officer, official, agent, employee, board, council or commission thereof with the discretion to enforce the section, or not to enforce it.

11.22.020 Amendments.

Amendments to the 2022 California Existing Codes are as follows:

A. Section 506A.4 is amended as follows:

Existing emergency escape and rescue openings. Where a change of occupancy would require an emergency escape and rescue opening in accordance with Section 1031.1 of the California Building Code, operable windows serving as the emergency escape and rescue opening shall comply with the following:

1. An existing operable window shall provide a minimum net clear opening of 4 square feet (0.38 m2) with a minimum net clear opening height of 22 inches (559 mm) and a minimum net clear opening width of 20 inches (508 mm).

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2 1. A replacement window where such window complies with both of the following:

2.1.The replacement window meets the size requirements in Item 1.

21.21. The replacement window is the manufacturer’s largest standard size window that will fit within the existing frame or existing rough opening. The replacement window shall be permitted to be of the same operating style as the existing window or a style that provides for an equal or greater window opening area than the existing window.

11.22.030 Violations.

SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect on January 1, 2023.

SECTION 8. PUBLICATION. The City Clerk is directed to cause publication of this Ordinance as required by law.

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---oOo---
I, Vicky Hasha, Deputy City Clerk, do hereby certify that the foregoing Ordinance No. ____ was introduced at a regular meeting of the San Bruno City Council on ______ and adopted by the San Bruno City Council at a regular meeting on _______, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

RECUSED: Councilmembers:

ABSENT: Councilmembers:

Vicky Hasha
Deputy City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney

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9 0
0 ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF SAN BRUNO AMENDING 11.24 (FIRE CODE) OF TITLE 11 BUILDINGS, CONSTRUCTION AND FIRE PROTECTION)

OF THE SAN BRUNO MUNICIPAL CODE AND ADOPTING BY REFERENCE THE 2022 CALIFORNIA FIRE CODE
The City Council of the City of San Bruno ORDAINS as follows:

Section 1. Chapter 11.24, Fire Code, of Title 11 (Buildings, Construction, and Fire Protection) of the San Bruno Municipal Code is hereby amended.

Section 2. New Chapter 11.24, Fire Code, of Title 11 (Buildings, Construction and Fire Protection) is hereby added to the San Bruno Municipal Code to read as follows, and also with text in brackets [example], which is explanatory and not part of the ordinance, and also with strikeout (example) to show deleted text, and underlined (example) to show added text:

Chapter 11.24

SAN BRUNO FIRE CODE
Sections:

11.24.010 Adoption of the California Fire Code & International Fire Code.

11.24.020 Establishment and duties of the Fire Prevention Division.

11.24.030 Amendments to the California Fire Code

11.24.010 Adoption of the California Fire Code & International Fire Code. (A) There is adopted by the city for the purpose of prescribing regulations governing conditions hazardous to life and property from fire, explosion, or wildfire, those certain codes which building standards known as the 202219 California Fire Code, and the non-building standards known as the International Fire Code, 2018 Edition, together with including appendices B, D, and those adopted from the State, except Appendicitis A, and the Public Resource Code, Division 4, Section 4291. One copy of these documents is on file in the office of the building official. The documents are published by the California Building Standards Commission. The documents (and appendices printed therein,) together with additions, deletions, and amendments as set forth herein, and any future addenda or errata published by the State of California, are adopted as the Fire Code for the City of San Bruno and may be cited as such.
(B) No section of the fire code for the building standards of the City of San Bruno shall impose a mandatory duty of enforcement on the city, or on any officer, official, agent, employee, board, council or commission thereof. Instead, if any section purports to impose a mandatory duty of enforcement, said section shall be deemed to invest the city, and the appropriate officer, official, agent, employee, board, council or commission thereof with discretion to enforce the section, or not to enforce it. (C) The San Bruno Fire Department has determined that modifications to the 2021 International Fire Code with the 2022 California Amendments are needed and reasonably necessary due to local climatic, geological, and topographical conditions, which are incorporated fully herein.

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9 0
0 11.24.020 Establishment and duties of the Fire Prevention Division.

The California Fire Code as adopted and amended herein shall be enforced by the city fire prevention division, which is hereby established, and which shall be operated under the supervision of the fire code official.

11.24.030 Amendments to the California Fire Code and International Fire Code.

Amendments, additions, and deletions to the California Fire Code, are as follows:

Chapter 1, Division II, Section 102.2, CFC is amended – Administrative, operational and maintenance provisions.

Section 102.2 is amended to delete item #2 of this action.

Chapter 1, Division II, Section 102.14 is added
102.14 The fire code official will maintain a set of design and installation standards that include but are not limited to: Address posting, Special Suppression Systems, Fire Apparatus Turnarounds, Turnouts, Knox Key Safe Installations, Emergency Responder Radio Coverage Systems, and Fire Sprinkler Systems. These standards are necessary for the City of San Bruno to provide a reasonable degree of fire and life safety for the community.

Chapter 1, Division II, Section 103.2, CFC is amended – Appointment.

Section 103.2 is deleted in its entirety.

Chapter 1, Division II, Section 105.56 is adopted in its entirety 105.5.1715 Fire Hydrants and Valves is amended by adding:
105.5 6.17 15.1 Where the duty of maintaining fire hydrants is not specified in any legal document, fire hydrants that are adjacent to public streets, or streets accepted with public easements, or streets with water mains maintained by the City, are to be maintained by the City. Fire hydrants that are adjacent to privately controlled or owned streets, or streets with water mains maintained by the property owner(s), are to be maintained by the private property owner(s) in accordance with the City Water Division and Fire Department adopted standards.

Chapter 1, Division II, Section 105.5.55 Mobile food Preparation vehicles is added:
105.5.55 A permit is required for mobile food preparation vehicles equipped with appliances that produce smoke or grease-laden vapors.

Chapter 1, Division II, Section 1076 Fees is amended to add the following::
1076.1.1 Investigation – Work without a Permit.

Investigation. Whenever construction or work for which a permit is required by this code, or any other code adopted or incorporated by reference as part of this code, has been commenced without first obtaining a permit, a special investigation shall be made before a permit may be issued for the work.

Demolition of all or part of a structure or system without a required permit shall be subject to the investigation and fees imposed by this section.
1076.1.2 Fee – Work without a Permit.

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9 0
0 An investigation fee, in addition to the permit fee, shall be collected as a civil penalty, whether or not a permit is then or subsequently issued. The investigation feel shall be up to 10 times the fire permit fee.

The investigation fee shall be determined by the Fire Chief and shall be based on the staff time reasonably required to resolve all of the issues relegate to the work that has been performed without a permit. No construction work shall be issued until the investigation fee has been paid in full.

Any person assessed such a fee may file an appeal with the City Clerk within ten (10) days after written notice to such person of the assessment. A hearing upon such appeal shall thereafter be held by the City Council; its decisions thereon shall be final.

Nothing in this section shall relieve any persons from fully complying with the requirements of this code, or any codes incorporated by reference and made a part of this code in the execution of the work, or from any other fees or penalties prescribed by law.
1076.76 The fees for the permits and other services shall be as established by resolution of the San Bruno City Council. The fees shall be set to cover the cost of the Fire Department to review and inspect the intended activities, operations or functions.

Exceptions:
(1) The applicant for a given permit shall be exempt from the payment when the work to be conducted is for the City of San Bruno under written contract to the City or for events sponsored or co-sponsored by the City.
(2) Where processes or materials are inherent with a permit justifiable item, subsequent fees may be waived at the discretion of the Fire Chief.
(3) All fire permits and fire construction permits shall have a set number of inspections per permit as set forth by the San Bruno Fee Schedule. Additional inspections and additional re-inspections may be billed at an hourly rate consistent with the San Bruno Fee Schedule. (4) Application for “event” type permits (i.e.: Assembly, Tents, etc.) shall be submitted 14 days prior to the event date. Applications submitted within 13 days prior to the event date may be charged double the regular permit rate as established by the San Bruno Fee Schedule. (5) “After Hours” inspections shall be invoiced at a rate of one and one-half time the normal hourly rate. “After Hours” inspections will be billed at a rate of two hours minimum. “After Hours” inspections are defined as follows: Inspections conducted outside of normal business hours for the Fire Prevention Division.

Chapter 1, Division II, Section 11109. 1 is deleted in its entirety and replaced with the following:
11109.1 Appeals. The fire code official shall be charged with the duty and responsibility of administrating the provisions of this chapter. Whenever it is provided herein that certain things shall be done in accordance with the order, opinion, or approval of the fire code official, such order, opinion or approval shall be complied with; provided, any person aggrieved thereby, or believing that such order, opinion or approval is erroneous or faulty, may appeal except as otherwise provided in this chapter, to the city manager in writing within seventy-two hours after such order, opinion or approval has been given, and the city manager shall affirm, modify or reverse the same within seventy-two (72) hours thereafter. The decision of the city manager shall be final and conclusive. In the meantime, except in the case of immediate hazard, the order, opinion, or approval shall be deemed suspended until such person has exhausted his or her right of appeal as herein provided. 111.2 Limitations on Authority. Deleted in its entirety 111.3 Qualifications. Deleted in its entirety
Chapter 1, Division II, Section 1120.4 is amended to read as follows:

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0 1120.4 Violation Penalties.

Any person, firm, or corporation violating any provision of this Code shall be deemed guilty of a misdemeanor, and each such person, firm, or corporation, shall be deemed guilty of a separate offense for each and every day or portion thereof during which such violation exists and shall be punished as set forth in San Bruno Municipal Code Chapter 1.28.

Section 202, General Definitions, is amended to read as follows:

City Council. Shall mean the governing body of the City.

Combination Alarm System. Combination fire and burglar alarm system.

Fire Control Room. A separate room of fire-resistant construction that provides an area from which firefighting operations or other emergency procedures can be directed or controlled. It cannot be used for any other purpose. It contains controls, panels, telephones associated with a buildings fire services.

Mobile Food Preparation Vehicles. Vehicles that contain cooking equipment that produces smoke or grease-laden vapors for the purpose of preparing and serving food to the public. Vehicles intended for private recreation shall not be considered mobile food preparation vehicles.

Nuisance Alarm. An unwarranted and preventable alarm caused by mechanical failure, malfunction, improper installation or lack of proper maintenance, system servicing testing, construction activities, ordinary household activities, false alarm, other cause when no such danger exists, or an alarm activated by a cause that cannot be determined.

Chapter 307.4.2 is amended to read as follows:
307.4.2 Recreational Fires. When approved by the fire code official, recreational fires shall not be conducted within 25 feet (7620 mm) of a structure or combustible material. Conditions that could cause a fire to spread within 25 feet (7620 mm) of the structure shall be eliminated prior to ignition. If allowed, all such fires shall require a fire code permit.

Section 308, Open Flames.Section 308 Open Flames is amended by deleting section 308.1.4 of the California Fire Code.

Chapter 319 is added to read as follows:

Section 319 Mobile Food Preparation Vehicles added as amended below 319.1 General. Mobile food preparation vehicles that are equipped with appliances that produce smoke or grease-laden vapors shall comply with this section. 319.1.1 Health department approval. Mobile food preparation vehicles shall display a San Mateo County health apartment sticker as prescribed by County Health 319.2 Permit required. Permits shall be required as set forth in Section 105.5.55 319.3 Exhaust hood. Cooking equipment that produces grease-laden vapors shall be provided with a kitchen exhaust hood in accordance with Section 606.
319.4 Fire protection. Fire protection shall be provided in accordance with Sections 319.4.1 and 319.4.2.
319.4.1 Fire protection for cooking equipment. Cooking equipment shall be protected by automatic fire extinguishing systems in accordance with Section 904.13. 319.4.2 Fire extinguisher. Portable fire extinguishers shall be provided in accordance with Section 906.4.

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0 319.5 Appliance connection to fuel supply piping. Gas cooking appliances shall be secured in place and connected to fuel-supply piping with an appliance connector complying with ANSI Z21.69/CSA

6.16. The connector installation shall be configured in accordance with the manufacturer’s installation instructions. Movement of appliances shall be limited by restraining devices installed in accordance with the connector and appliance manufacturer’s instructions. 319.6 Cooking oil storage containers. Cooking oil storage containers within mobile food preparation vehicles shall have a maximum aggregate volume not more than 120 gallons (454 L), and shall be stored in such a way as to not be toppled or damaged during transport. 319.7 Cooking oil storage tanks. Cooking oil storage tanks within mobile food preparation vehicles shall comply with Sections 319.7.1 through 319.7.5.2.
319.7.1 Metallic storage tanks. Metallic cooking oil storage tanks shall be listed in accordance with UL 80 or UL 142, and shall be installed in accordance with the tank manufacturer’s instructions. 319.7.2 Nonmetallic storage tanks. Nonmetallic cooking oil storage tanks shall be installed in accordance with the tank manufacturer’s instructions and shall comply with both of the following:

1. Tanks shall be listed for use with cooking oil, including maximum temperature to which the tank will be exposed during use.

2. Tank capacity shall not exceed 200 gallons (757L) per tank. 319.7.3 Cooking oil storage system components. Metallic and nonmetallic cooking oil storage system components shall include, but are not limited to, piping, connections, fittings, valves, tubing, hose, pumps, vents and other related components used for the transfer of cooking oil. 319.7.4 Design criteria. The design, fabrication and assembly of system components shall be suitable for the working pressures, temperatures and structural stresses to be encountered by the components.
319.7.5 Tank venting. Normal and emergency venting shall be provided for cooking oil storage tanks.
319.7.5.1 Normal vents. Normal vents shall be located above the maximum normal liquid line and shall have a minimum effective area not smaller than the largest filling or withdrawal connection.

Normal vents are not required to vent to the exterior.
319.7.5.2 Emergency vents. Emergency relief vents shall be located above the maximum normal liquid line and shall be in the form of a device or devices that will relieve excessive internal pressure caused by an exposure fire. For nonmetallic tanks, the emergency relief vent shall be allowed to be in the form of construction. Emergency vents are not required to discharge to the exterior. 319.8 LP-gas systems. Where LP-gas systems provide fuel for cooking appliances, such systems shall comply with Chapter 61 and Sections 319.8.1 through 319.8.5. 319.8.1 Maximum aggregate volume. The maximum aggregate capacity of LP gas containers transported on the vehicle and used to fuel cooking appliances only shall not exceed 200 pounds (91 kg) propane capacity.
319.8.2 Protection of container. LP-gas containers installed on the vehicle shall be securely mounted and restrained to prevent movement.
319.8.3 LP-gas container construction. LP-gas containers shall be manufactured in compliance with the requirements of NFPA 58.
319.8.4 Protection of system piping. LP-gas system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact damage, and damage from vibration. 319.8.5 LP-gas alarms. A listed LP-gas alarm shall be installed within the vehicle in the vicinity of LP-gas system components, in accordance with the manufacturer’s instructions. 319.9 CNG systems. Where CNG systems provide fuel for cooking appliances, such systems shall comply with Sections 319.9.1 through 319.9.4.

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0 319.9.1 CNG containers supplying only cooking fuel. CNG containers installed solely to provide fuel for cooking purposes shall be in accordance with Sections 319.9.1.1 through 319.9.1.3. 319.9.1.1 Maximum aggregate volume. The maximum aggregate capacity of CNG containers transported on the vehicle shall not exceed 1,300 pounds (590 kg) water capacity. 319.9.1.2 Protection of container. CNG containers shall be securely mounted and restrained to prevent movement. Containers shall not be installed in locations subject to a direct vehicle impact. 319.9.1.3 CNG container construction. CNG containers shall be an NGV-2 cylinder. 319.9.2 CNG containers supplying transportation and cooking fuel. Where CNG containers and systems are used to supply fuel for cooking purposes in addition to being used for transportation fuel, the installation shall be in accordance with NFPA 52. 319.9.3 Protection of system piping. CNG system piping, including valves and fittings, shall be adequately protected to prevent tampering, impact damage and damage from vibration. 319.9.4 Methane alarms. A listed methane gas alarm shall be installed within the vehicle in accordance with manufacturer’s instructions.
319.10 Maintenance. Maintenance of systems on mobile food preparation vehicles shall be in accordance with Sections 319.10.1 through 319.10.3.
319.10.1 Exhaust system. The exhaust system, including hood, grease-removal devices, fans, ducts and other appurtenances, shall be inspected and cleaned in accordance with Section 606.3. 319.10.2 Fire protection systems and devices. Fire protection systems and devices shall be maintained in accordance with Section 901.6.
319.10.3 Fuel gas systems. LP-gas containers installed on the vehicle and fuel gas piping systems shall be inspected annually by an approved inspection agency or a company that is registered with the US Department of Transportation to requalify LP-gas cylinders, to ensure that system components are free from damage, suitable for the intended service and not subject to leaking. CNG containers shall be inspected every 3 years in a qualified service facility. CNG containers shall not be used past their expiration date as listed on the manufacturer’s container label. Upon satisfactory inspection, the approved inspection agency shall affix a tag on the fuel gas system or within the vehicle indicating the name of the inspection agency and the date of satisfactory inspection.

Section 401.3.2.1 is added to read as follows
401.3.2.1 Nuisance alarm notification. Notification of emergency responders based on a nuisance alarm may be punishable by a fine in accordance with the adopted fee schedule or ordinance. In addition, the responsible party may be liable for the operational and administrative costs, incurred from the emergency response or mitigation procedures resulting from a nuisance alarm notification.

Section 401.3.2.2 is added to read as follows
401.3.2.2 Multiple nuisance alarm activations. Any occupancy that has more than three nuisance alarms, causing emergency response within a 12-month fiscal calendar year period (July 1 through June 30) may be required to modify, repair, upgrade or replace their system and/or monitoring station as determined by the fire code official.

Section 503, Fire Apparatus Access Roads.

Section 503.3 is amended by adding section 503.3.1 to read as follows:
503.3.1 Fire Lane Designation. Designation of fire lanes shall be by one of the following means:

1. By white signs measuring at least 12 inches by 18 (12" x 18") inches posted immediately adjacent thereto and clearly visible. It should clearly state, in red letters not less than one inch (1") in height, that

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2. By outlining and hash marking the area in contrasting colors clearly marking it with the words "Fire Lane - No Parking."

3. By identifying the space with a red curb upon which the words "Fire Lane - No Parking" are stenciled every 15 feet.
(a) Both sides of fire lanes shall be red curbed when the fire lane is twenty (20) to twenty-eight (28) feet in width.
(b) At least one side of a fire lane shall be red curbed and stenciled when the fire lane is over twenty- eight (28) and up to thirty-six (36) feet in width.
(c) Curbs need not be painted red nor stenciled when the fire lane is more than thirty-six (36) feet in width.

Section 505, Premises Identification.

Section 505.1 through 505.1.3 are added to read as follows:
505.1.1 Address Identification. When the structure is thirty-six (36) to fifty (50) feet from the street or fire apparatus access, a minimum of one-half inch (1/2”) stroke by six inches (6”) high is required. 505.1.2 Multi-Tenant Buildings. Numbers or letters shall be designated on all occupancies within a building. Size shall be one-half inch (1/2”) stroke by four inches (4”) high and on a contrasting background. Directional address numbers or letters shall be provided. Said addresses or numbers shall be posted at a height no greater than 5 feet, 6 inches (5' 6") above the finished floor and shall be either internally or externally illuminated in all new construction. 505.1.3 Rear Addressing. When required by the fire code official, approved numbers or addresses shall be placed on all new and existing buildings in such a position as to be plainly visible and legible from the fire apparatus road at the back of a property or where rear parking lots or alleys provide and acceptable vehicular access. Number stroke and size shall comply with 505.1.1.

Section 506, Key Boxes.

Section 506.1.1.1 and 506.1.1.2 are added to read as follows:
506.1.1.1 Key Boxes. The key box shall be of an approved type and shall contain contents as established in Section 506.1.1.2.

Section 506.1.1.2 Key box contents requirements. The keys provided shall be two master keys to all spaces including multi-tenant spaces. Additional keys shall be included for elevator control, fire alarm control panels, and fire sprinkler control valve access. If the business/operation is required to have a Hazardous Material Inventory Statement (HMIS), the HMIS shall be included in the key box.

Section 507, Fire Protection Water Supplies.

California Fire Code, Section 507.5.1.1 is amended to read as follows:
507.5.1.1 Hydrant for fire department connections. Buildings equipped with a water-based fire protection system installed in accordance with Section 903 through 905 shall have a fire hydrant within 50 feet of the fire department connections, or as approved by the fire code official.

Section 507.5.2 Inspection, Testing, and Maintenance is amended by adding Sections 507.5.2.1 and 507.5.4.1:
507.5.2.1: Where the duty of maintaining fire hydrants is not specified in any legal document, fire

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0 hydrants that are adjacent to public streets, or streets accepted with public easements, or streets with water mains maintained by the City, are to be maintained by the City. Fire hydrants that are adjacent to privately controlled or owned streets, or streets with water mains maintained by the property owner(s), are to be maintained by the private property owner(s) in accordance with the City Water Division and Fire Department adopted standards.
507.5.4.1 Vehicle Parking Restrictions.

Whenever any on-site fire protection equipment or access ways have been installed and provided in this section, the following provisions shall be applicable: Hydrants: Parking prohibited, with respect to hydrants located along private access ways where curbs exist, said curbs shall be painted red or otherwise appropriately marked by the owner, lessee or another person in charge of the premises, to prohibit parking for a distance of 10 feet in either direction from such hydrant.

Section 510.4.2 is amended to read as follows:
510.4.2 System Design. The in-building, two-way emergency responder communication coverage system shall be designed in accordance with Sections 510.4.2.1 through 510.4.2.8, NFPA 1221, NFPA 72 and San Mateo County ERCCS (P-500).

Section 510.5 is amended to read as follows:
510.5 Installation requirements. The installation of the in-building, two-way emergency responder communication coverage system shall be in accordance with San Mateo County ERCCS (P-500), NFPA 72, NFPA 1221, and Sections 510.5.2 through 510.5.

Section 508, Fire Command Center.

Section 508.1.1.1 is added to read as follows:
508.1.1.1. Requirements. The fire command center shall be equipped with an exterior door and be located at the exterior of the building at a location approved by the fire code official. 508.2 Fire control room. An approved fire control room shall be provided for all new buildings or occupancies with a change of use, requiring protection by an automatic fire sprinkler system. The room shall only contain all main system control valves, fire alarm control panels ERRCS equipment, and other fire equipment required by the Code Official. Fire control rooms shall be located within the building at a location approved by the Code Official and shall be provided at grade with a means to access the room directly from the exterior. Durable signage shall be provided on the exterior side of the access door to identify the fire control room. Fire Control Rooms shall not be less than thirty-five (35) square feet.

Storage of materials in fire control rooms is prohibited.

Exceptions:

1. Group R, Division 3 Occupancies.

2. Occupancies with a fire pump shall have a fire control room that is a minimum of 200 square feet.

3. In high-rise buildings, the fire control room shall not be less than 200 square feet.

Section 606 Elevator Operation, Maintenance, and Fire Service Keys.

Section 6046.68.35 is deleted and replaced in its entirety with the following: (604.6.3) Section 6046.6.38.5 Shunt Trip Prohibited. Where elevator hoistway and/or elevator machine rooms containing elevator control equipment are located within buildings equipped with automatic fire sprinklers, the following is required in lieu of a shunt trip:

1. The elevator machine room shall be constructed with the minimum fire rating as the hoistway.

For non-rated hoistways, the minimum rating shall be one hour throughout in accordance with

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0 Section 707 of the California Building Code for fire barriers.

2. Fire sprinklers at the top of the hoistway and inside the elevator machine room shall not be installed.

3. Means for elevator shutdown shall not be installed.installed Section 901.6.3.2 is added to read as follows:
901.6.3.2 Records Reporting. Fire detection, alarm and extinguishing systems, shall be maintained in an operative condition at all times, and shall be replaced or repaired where defective. Non-required fire protection systems and equipment shall be inspected, tested, and maintained or removed. All inspection, testing and maintenance reports shall be forwarded to the Fire Department using electronic media to the designated thirdparty as assigned in the Policy Manual. Paper (hard copy) reports are not permitted.

Section 903.2 Where Required, shall be deleted and replaced as follows:
903.2 Where required. Approved automatic fire sprinkler systems shall be installed in all new occupiable and/or habitable buildings and structures. In addition, approved automatic fire sprinkler systems shall be provided in locations described in Sections 903.2.1 through903.2.220.

Exceptions:

1. When approved by the fire code official, canopy structures used solely for vehicular parking which has photovoltaic systems attached are not required to be equipped with a fire sprinkler system as long as the structure meets distance requirements to other structures and property lines.

2. Group U occupancies less than 1,200 square feet.

Section 903.2.8.5 is added to read as follows:
903.2.8.5 Additional Residential Sprinkler Locations. The installation of a residential fire sprinkler system shall conform to the following:

1. Sprinklers shall be required throughout carports and garages.

Exception: Detached carports and garages less than 2,000 square feet in area

2. Sprinkler coverage shall be provided in the following locations:

32.1. Attic access openings.

42.2. Areas of attics and crawl spaces containing storage, mechanical and/or electrical equipment.

Section 903.2.10.3 is added to read as follows:
903.2.10.3 Lithium-ion batteries in vehicles. An automatic sprinkler system shall be installed throughout buildings having Group S-2 occupancies, having lithium-ion batteries in vehicles, and shall be designed for the square footage area of the lithium-ion batteries in vehicles, based on an area of sprinkler operation of 2,500 square feet and design density of 0.40 gpm/sf.

In Group S-2 occupancies, with portions of floors without lithium-ion batteries in vehicles, a sprinkler protection systemshall be provided per NFPA 13.

Section 903.2.22 is added to read as follows:
903.2.22 An automatic sprinkler system shall be provided in all accessible combustible and noncombustible sub-floors, attic space, or areas above ceilings, which are greater than 6 inches (152.4 mm) in height and contain electrical or mechanical components, in a fire sprinklered structure.

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0 Exceptions:

1. NFPA 13D systems shall comply with California Residential Code R313 and local standards.

2. The fire code official may permit the use of smoke detection in lieu of fire sprinklers in noncombustible and non-accessible floor spaces and when construction materials do not exceed a flame spread rating of 25.

Section 903.4.2 Alarms is amended as follows:
903.4.2. An approved exterior rated horn/strobe audible and visual notification device shall be connected to every automatic sprinkler system. The alarm device shall be provided on the exterior of the building in an approved location. Where a fire alarm system is installed, the actuation of the automatic sprinkler system shall actuate the building fire alarm system. 903.4.3 Floor control valves is amended as follows:
903.4.3. Approved supervised indicating control valves shall be provided at the point of connection to the riser on each floor in all buildings.

Exception: Group R-3 Occupancies.

Section 903.6, Where Required in Existing Buildings and Structures, is amended to read as follows:
903.6.-Where Required in Existing Buildings or Structures. An automatic fire extinguishing system shall be installed throughout when an addition, alteration, modification, remodel or modernization occurs to an existing building or structure over 7,500 square feet in gross floor area, which would require a building permit for construction valued in excess of $30,000 in any twelve-month period.

Exceptions:

1. When an addition is less than 250 square feet.

2. For additions larger than 250 square feet in an existing structure less than 7,500 square feet, only the portion of the structure added will be required to be protected by an approved automatic fire sprinkler system.

3. Existing one- or two-family dwelling.

Section 905 Standpipe Systems.

Section 905 is amended as follows:
905.3 Required Installations. Standpipe systems shall be installed where required by Sections 905.3.1 through 905.3.11.1 Standpipe systems shall be combined with automatic sprinkler systems.

Exception: Standpipe systems are not required in Group R-3 occupancies.

Section 905.3.5 Underground buildings.

Section 905.3.5 is amended as follows:
905.3.5. Underground buildings shall be equipped throughout with a Class I automatic wet standpipe system.

Section 905.3.12 is added to read as follows
905.3.12 Lithium-ion batteries in vehicles. Buildings with lithium-ion battery vehicles shall be equipped with Class I standpipe systems extended to have hose connections located within 100 feet of lithium-ion battery vehicle parking.

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0 Section 905.4 Location of Class I standpipe hose connections.

Section 905.4 is amended as follows:
905.4 Class I standpipe hose connections shall be provided in all of the following locations:

1. In every required stairway, a hose connection shall be provided for each floor level. Hose connections on combined standpipe systems are allowed at floor level. Hose connections shall be located at an intermediate floor level landing between floors unless otherwise approved by the fire code official. See Section 909.20 of the California Building Code for additional provisions in smokeproof enclosures.

2. (unchanged)

3. (unchanged)

4. (unchanged)

5. (unchanged)

6. (unchanged)
Section 907.2.11.2.5 is amended as follows
907.2.11.2.5 Existing Group R occupancies. All existing Group R Division 3 Occupancies shall be provided with an approved smoke detection system meeting the requirements of 907.2.11.2 throughout the structure when any of the following occurs:

1. When alteration, repairs, structural changes or additions occur, within a twelve (12)month period and the value of such work is in excess of $1,000.00.

2. When property is occupied by other than the property owner and rental or lease income is derived.

3. When existing property is sold an inspection of the installed smoke detection system for compliance with the Fire Code shall be completed by the San Bruno Fire Department prior to close of escrow.

Installation of the smoke detection system shall be reviewed and approved by the San Bruno Fire Department prior to installation and inspected prior to final sign-off on occupancy.

Section 907.1.6 is added to read as follows
907.1.6 Certification. New fire alarm systems shall be UL-Certified. A certificate of Completion and other documentation as listed in NFPA 72 shall be provided for all new fire alarm system installation. It is the responsibility of the building owner or owner’s representative to obtain and maintain a current and valid Certificate. The protected premise shall be issued a UUFX type certification from Underwriters Laboratories (UL).

Section 907.1.6.1 is added to read as follows:
907.1.6.1 Posting of certification. The UL certificate required in Section 907.1.6 shall be posted in a durable transparent cover within three (3) feet of the fire alarm control panel within 45 days of the final acceptance test/inspection.

California Fire Code, Section 907.6.6 is amended to read as follows:
907.6.6 Monitoring. New and upgraded fire alarm systems required by this chapter or by the California Building Code shall be monitored by an approved Central Station in accordance with NFPA 72 and this section.

Exception: Monitoring by a central station is not required for:

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0 1. No change

2. No change

3. No change
Section 907.11 is added to read as follows
907.11 Combination Alarm Systems. Combination fire and burglar alarm systems are not permitted.

Exception: Group R-3 and R-3.1.

Section 5003.5 is amended – Hazard Identification Signs Section 5003.5.2 is added to read as follows
5003.5.2 Sign size and location. Two NFPA 704 diamonds shall be placed on buildings so that they are clearly visible from at least two directions of travel.

1. The signs shall be at least fifteen inches by fifteen inches (15”x15”). The signs shall not be placed on windows

2. When NFPA 704 diamonds are required for interior doors, the signs shall be applied to the doors at a level no higher than the doorknob. The sign for the interior doors shall be at least six inches by six inches (6”x6”).

3. The Fire Code Official may require fewer or more NFPA diamonds if the building configuration or size makes it reasonably necessary.

Chapter 56 Explosives and Fireworks.

Section 5601 Scope is amended by adding Sections 5601.1.1.1; and amending Sections 5601.1.3, 5601.2.2; and adding 5601.2.5, 5601.2.6 and 5601.2.7 to read as follows:
5601.1.1.1 Established limits. Storage of explosive materials is prohibited with the limits established by law as the limits in which such storage is prohibited.

Exception: Approved storage of “safe and sane” fireworks as defined by the State Fire Marshal and regulated by the City Municipal Code Chapter 6.50.
5601.1.3. Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks are prohibited. The possession, manufacture, storage, sale, handling and use of fireworks or pyrotechnic materials within the jurisdiction of the City are prohibited.

Exceptions:

1. Firework storage within the jurisdiction of the City is limited to aerial fireworks in conjunction with an approved and permitted aerial display, see also Section 5601.4.

2. Safe and Sane fireworks as defined by the State Fire Marshal shall be allowed as regulated by the City Municipal Code Chapter 6.50.

3. Snap Caps and Party Poppers as classified by the State Fire Marshal as pyrotechnic devices. 5601.2.2. Sale and retail display. The possession, manufacture, storage, sale, handling and use of fireworks or pyrotechnic materials within the jurisdiction of the City are prohibited.

Exceptions:

1. Safe and sane fireworks as defined by the State Fire Marshal and regulated by the City Municipal Code Chapter 6.50.

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

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0 5601.2.5 Permit required. Permits to conduct an aerial display shall be required as set forth in Section 105.6.15 and regulated in accordance with the California Code of Regulations, Title 19 and this section.

Exception: Snap Caps and Party Poppers as classified by the State Fire Marshal as pyrotechnic devices.
5601.2.6 Prohibited and Limited Acts. Storage of explosive materials is prohibited with the limits established by law as the limits of districts in which such storage is prohibited. Where the storage of explosive materials is permitted, the quantities of explosives and distances shall be in accordance with the San Bruno Fire Code.
5601.2.7 Financial responsibility. Before a permit is issued, as required by Section 5601.2.5, the applicant shall provide a hold harmless agreement agreeing to indemnify the city and shall provide a liability insurance policy in an amount and form to be set by the city attorney for payment of all damages to persons or property which arise from the activity. The city attorney is authorized to specify a greater or lesser amount when, in his or her opinion, conditions at the location of use indicate a greater or lesser amount is required.

Chapter 57 is adopted in its entirety
Section 3. Validity. The City Council of the City hereby declares that should any section, paragraph, sentence or work of this code as adopted and amended herein be declared for any reason to be invalid, it is the intent of the City Council of the City that it would have passed all other portions or provisions of this Ordinance independent of the elimination here from any such portion or provision as may be declared invalid.

Section 4. CEQA Exemption. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) and 15378 (b)(5), that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project that has the potential for causing a significant effect on the environment. The Council therefore directs that the Planning Division may file a Notice of Exemption with the San Mateo County Clerk.

Section 5. Effective Date. This Ordinance shall be published as required by law and shall be effective on January 1, 2023
---oOo---
I, Vicky Hasha, Deputy City Clerk, do hereby certify that the foregoing Ordinance No. ____ was introduced at a regular meeting of the San Bruno City Council on ______ and adopted by the San Bruno City Council at a regular meeting on _______, by the following vote:

AYES: Councilmembers: _______
NOES: Councilmembers:

RECUSED: Councilmembers:

ABSENT: Councilmembers:

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0 Vicky Hasha
Deputy City Clerk
APPROVED AS TO FORM:
______________________________
City Attorney

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DATE:September 13, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan Grogan, City Manager
PREPARED BY:Darcy Smith, Assistant City Manager
SUBJECT: Introduce, Read by Title Only and Waive Further Reading of the Following Ordinances of the City of San Bruno:
•An Ordinance of the City of San Bruno Amending Chapter 11.06 (Energy Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Energy Code
•An Ordinance of the City of San Bruno Amending Chapter 11.07 (Green Building Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Green Building Code
and set Public Hearing on Adoption of Ordinances for October 11, 2022
BACKGROUND: Reach Codes are local amendments that exceed the Building Energy Efficiency Standards Code and Green Building Standards Code. The adoption of Reach Codes aim to reduce greenhouse gas emissions (GHGs) by reducing reliance on natural gas and gasoline through refocusing energy consumption towards electrification. California state law allows local governments to impose additional measures beyond the California Building Energy Efficiency and the Green Building Standards Codes through the adoption of Reach Codes. The State requires the Building Code to be updated every three years, with the next code cycle to be effective January 1, 2023.

Since 2020, Peninsula Clean Energy (PCE) and representatives with the Statewide CODES & Standard Program have been coordinating with San Mateo County and various cities in working on local Reach Codes. Staff has evaluated Reach Codes within the context of sustainability goals and alignment with neighboring cities. The proposed framework for the City’s Reach Codes is modeled after the 2019 template provided by PCE and the San Mateo County Office of Sustainability which includes key concepts that have been previously approved by California Energy Commission (CEC). On March 8, 2022, Staff presented a Sustainability Work Plan Study Session to obtain City Council’s feedback on Reach Codes and other sustainability items.

City Council Agenda Item
Staff Report

CITY OF SAN BRUNO

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DISCUSSION:

Reach Codes go beyond the goal of energy efficiency and seek to reduce GHGs by eliminating reliance on natural gas in newly constructed buildings. This is done by requiring all new construction to 1) be built to utilize only electric appliances and 2) include some level of electrical vehicle charging capability. Staff recommends the adoption of All-Electric Reach Codes, with certain exemptions, as local amendments to the 2022 California Energy Code (Title 24, Part 6) and the 2022 California Green Building Standards (Title 24, part 11) to align with the next code cycle which begins January 1, 2023. Reach Codes must be shown to be cost-effective prior to the adoption, meaning that the cost saved from the reduced energy needs to be enough to cover the initial cost within a reasonable period of time. Attachment 1 includes the proposed ordinance (“Reach Codes Ordinance”) . Attachment 2 indicates the summary of the proposed local requirements for new construction residential and non- residential buildings. Attachment 3 includes a list of the six exemptions to the proposed ordinance, which were reviewed by the City Council on March 8, 2022. 2022 California Energy Code and Reach Code Ordinance Requirements To align with the direction of the State’s goal in reducing reliance on natural gas and gasoline, the California Energy and Green Building Codes become more stringent each code cycle. In addition to new buildings, the Energy Code standards also apply to substantial upgrades to existing homes and businesses. The proposed Reach Codes Ordinance only applies to new construction, however, the existing buildings with substantial upgrades must comply with the Energy Code, Table 1 shows an overview of the 2022 Energy Code updates:

Table 1: 2022 California Energy Code Updates for New Construction Code Updates Code Impact
Encouraging electric heat pump
technology and use
Heat pumps use less energy and produce fewer
emissions than traditional HVACs and water
heaters
Establishing electric-ready
requirements when natural gas is
installed
Electric-ready building sets up owners to use
cleaner electric heating, cooking, and electric
vehicle (EV) charging when they’re ready to invest
in those technologies
Expanding solar photovoltaic (PV)
system and battery storage standards
Using battery storage allows onsite energy to be
available when needed and reduces the grid’s
reliance on fossil fuel power plants
Strengthening ventilation standards to
improve indoor air quality
Better ventilation can reduce illness from poor air
quality and reduce disease transmission
New Homes to be Electric-Ready
The 2022 Energy Code standards require single-family homes to be electric-ready, including:
• Electrical circuits for space heating, water heating, cooking/ovens, and clothes dryers. • Electrical panel, branch circuits, and transfer switch for battery storage.

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• Dedicated circuits and panels to easily convert from natural gas to electric in the future.

The New Standard Heat Pumps
Heat pumps are an electric technology for water and space heating that increases efficiency, reduces GHGs, and enables load flexibility. Current California market share is less than 6 percent in new home construction. The2022 Energy Code standards include:
• Single-family homes: heat pump water or space standard. • Multifamily homes such as apartment buildings: heat pump space heating standard. • Businesses: heat pumps standard for schools, offices, banks, libraries, retail, grocery.

Solar and Storage Use Expanded
The 2022 Energy Code extends solar and introduces battery storage standards to the following building types:
• High-rise multifamily (apartments and condos)
• Hotel-motel
• Tenant space
• Office, medical office, and clinics
• Retail and grocery stores
• Restaurants
• Schools
• Civic (theaters, auditoriums, and convention centers) 2022 Energy Code Proposed Amendments
The Reach Codes Ordinance is more stringent than the Energy Code in that it requires all new construction to include electric appliances. The 2022 Energy Code requires new construction to be “electric ready,” which requires battery storage, and/or pre-wiring for appliances. For new buildings that are exempt from the Reach Codes, construction is required to comply with the 2022 Energy Code’s requirement to include electric-ready appliances requirements.

The following outlines the proposed Ordinance requirements for building electrification:

Proposed Building Electrification Requirements:
•New single-family homes, accessory dwelling units, and low-rise and high-rise multifamily buildings are required to use electric for space heating, water heating, cooking and clothes dryers. It provides an exception for the use of natural gas for fan- type central furnaces, fireplaces, pool heaters, and spa heaters. •New non-residential buildings are required to be built all-electric for space heating, water heating, cooking, and clothes dryer. It provides exception for the use of natural gas cooking appliances for restaurants and food services. •All new buildings must be built to be electric-ready if they are allowed to use natural gas appliances through an exception.
2022 California Green Building Code and Reach Code Ordinance Requirements

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2022 California Green Building Code (CALGreen) reflects certain amendments to align with California’s efforts to reach its climate and air quality goals. CALGreen strengthens the Energy Code by streamlining pathways for buildings to obtain and meet Energy Code compliance requirements and building performance standards. Table 3 highlights the shift in the overall focus areas from the 2019 CALGreen code cycle to the 2022 code cycle:

Table 2: CALGreen Priorities
They City’s proposed ordinance focuses on the EV charging station requirements for new construction buildings. The state has a goal of having 1.5 million zero-emission vehicles on the roads by 2025. Under the 2022 CALGreen Code, the electric vehicle charging requirements only apply to new projects. Remodels and additions are not required to comply with the electric vehicle charging station requirements.

Through a recent vote by the California Air Resources Board (CARB), there is a projected ban to the sale of new gasoline driven cars by 2035. The board’s new rules also would set interim quotas for zero-emission vehicles, focusing on new models. Starting in 2026, 35 percent of new cars, SUVs and small pickups sold in California would be required to be zero-emission vehicles. That would increase each year and is expected to reach 51% of all new car sales in 2028, 68 percent in 2030 and 100% in 2035. According to CALGreen Energy Services, California will need an additional 1.2 million chargers to meet the needs of an all-electric new vehicle requirement.

Electric Vehicle Code Terminology
The 2022 CALGreen provides definitions for EV terminology to assist in understanding the intent, as shown in table 3:

Table 3: EV Charging Readiness Types
Readiness Description
EV
Capable
Conduit is installed to parking space, and building
electrical system has ample capacity to serve future load.

An electrician would be required to complete the circuit before charging is possible
2019 CALGreen Priorities 2022 CALGreen Priorities
The 2019 CALGreen code
went into effect January 1,
2020 and focuses on
mandatory measures that
require EV infrastructure,
increase efficient water use,
provide cleaner air quality,
and maintain pollutant
control.

The 2022 CALGreen code
goes into effect January 1,
2023 and focuses on battery
storage system controls,
demand management, heat
pump space and water
heating, and building
electrification.

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EV Ready Parking space is provided with all power supply and associated outlet, such that a charging station can be
plugged in and a vehicle can charge
EV
Charging
Station
(EVCS)
All supply equipment is installed at a parking space, such that an EV can charge without additional equipment
EV charging capacity and speed can be summarized as three categories:

Table 4: Electrical Vehicle Charging Capacity/ Speed
Capacity/ Speed Description
Level 1
3-4 miles per charging hour
· Equivalent to a standard home outlet
Level 2
10-20 miles per charging hour
· Service capacity typically used for larger
appliance loads in homes
Level 3
150+ miles per charging hour
· Used for Tesla Superchargers and DC Fast
Chargers at some supermarkets
2022 CALGreen EV Proposed Amendments
The Reach Codes ordinance is more stringent than the CALGreen Code in that it requires all new construction to include more electric vehicle spaces and EV chargers than required by CALGreen. For new buildings that are exempt from the Reach Codes, the project shall align with the 2022 CALGreen’s requirements.

Proposed EV Infrastructure Requirements:
•New one- and two- family dwellings, townhouses, and accessory dwelling units with attached private garages re required to install one Level 2 EV Ready Space and a level 1 Ready Space for each dwelling unit.
•Multifamily buildings < 20 dwelling units would be required to:
oInstall one Level 2 EV Ready space for each unit with parking. o30% of the total number of parking spaces on a building site shall be electric vehicle charging spaces
o25% of the total number of parking spaces shall be equipped with low power Level two (2) EV charging receptacles
•Non-residential Buildings for warehouses, grocery stores, offices, and retail stores with planned off-street loading spaces shall comply with CALGreen Table 5.106.5.3.1:

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o30% of total parking spaces shall be EV Capable spaces o33% of total parking spaces shall be EVCS spaces
Cost Effectiveness Study
The CEC considers an energy efficiency measure cost effective if the total utility savings over the estimated useful life of the energy efficiency measure exceeds the difference of costs between the measure and the base line measure of mixed-fuel energy usage. For example, requiring all-electric space conditioning in single-family homes would be considered cost effective, if the total utility savings over 30 years exceeds the additional cost of the all-electric equipment when compared to the cost of a natural gas powered space conditioner.

In developing the Reach Codes, staff relied on openly accessible cost effectiveness studies.

The studies were prepared in coordination with Pacific Gas & Electric and other California based utilities for utility users throughout the state. These studies have been cited by other local cities adopting Reach Codes. In addition to these studies, staff worked with PCE, members of the Statewide Codes & Standards Program, and the Bay Area Regional Energy Network (BayREN) to interpret the study results. The cost effectiveness study based on building type can be accessed from the City’s Reach Codes webpage.

For future and ongoing technical support, PCE has collaborated with TRC, a construction and engineering firm, to provide free technical assistance to design professionals, architects, contractors, and other consultants to incorporate Reach Code requirements in their projects.

This assistance includes online and in-person discussions on building electrification.

Interested parties may sign up for assistance at www.allelectricdesign.org. TRC will help developers explore building electrification and resolve complex design challenges.

Ordinance Exemptions
The ordinance includes all six exemptions in the ordinance, however, there is a modification to exemption number 3 Accessory Dwelling Units (ADUs) or Junior Accessory Dwelling Units (JADUs), as previously reviewed by the City Council. The 2022 Building Code has identified ADU’s as Single-Family Residential uses. As Single-Family Residential are not proposed to be exempt from the proposed Reach Codes ordinance, only JADU’s will remain as part of exemption 3.

Community Engagement
Staff initiated community engagement in July 2022, after the publication of the 2022 Energy and Green Building Codes. Staff created a webpage discussing the City’s initiatives. Staff also developed and posted a Reach Codes survey on the City website to seek feedback on the Reach Codes and possible exceptions. Staff contacted developers, businesses, and organizations within the City to participate in the survey. The initiative was also broadcasted on Channel 1 as a topic for September. Between July 26th and August 26th, 21 people responded to the survey. The respondents included San Bruno residents, business owners, employees, developers/contractors, and environmental advocates.

Of the 21 respondents, 95% of survey respondents stated that they are concerned about climate change and its impacts. Approximately 82% of survey respondents stated they were

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worried when asked to state their level of concern regarding flooding, air pollution, and water shortages.

When asked whether they supported actions to help reduce GHG emissions:

Support on installing rooftop solar or solar water heating systems 100% Support on Installing additional charging stations for electric vehicles 95% Support on encouraging less use of natural gas in buildings 85% When asked which exemptions to the proposed all-electric Reach Codes they supported:

Projects with Planning Entitlement approved by the City 45.00% Non-Residential Building containing a commercial kitchen 65.00% Accessory Dwelling Units or Junior Accessory Dwelling Units 30.00% Office of Statewide Health Planning and Development (OSHPD) 1 Hospital Standards or OSHPD 3 Clinic Standards 35.00%
Affordable Housing 35.00%
Technical Infeasibility- based on structure, property, or business involved, a literal enforcement of the code will result in practical infeasibility 90.00%
Following the community outreach, staff analyzed the number of new construction buildings that were issued building permits during fiscal year 2021-2022. The data provided insight on the number of buildings that would likely be subject to the Reach Codes annually. San Bruno received 22 new building applications during that year.

Next Steps
If the City Council takes action to introduce this ordinance, then the City Council public hearing for the second reading and adoption of the ordinance will be scheduled for October 11, 2022. If the ordinance is adopted by City Council, staff will file copies of the ordinances with the California Building Standards Commission and the California Energy Commission for acceptance. The Ordinance would be effective at the latter date of January 1, 2023, or after the approval of CEC and CBSC.

Staff will also develop an implementation plan to prepare the necessary protocols and procedures for development applicants to comply with the Reach Codes. Staff also plans on working on the new permit application software implementation process, to obtain reporting for Reach Code compliant new construction and exempt new construction projects.

FISCAL IMPACT: There is no fiscal impact.

ENVIRONMENTAL IMPACT:

The action is not a project subject to CEQA. City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.

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RECOMMENDATION:

Introduce, Read by Title Only and Waive Further Reading of the Following Ordinances of the City of San Bruno:
•An Ordinance of the City of San Bruno Amending Chapter 11.06 (Energy Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Energy Code
•An Ordinance of the City of San Bruno Amending Chapter 11.07 (Green Building Code) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code and Adopting by Reference the 2022 California Green Building Code and set Public Hearing on Adoption of Ordinances for October 11, 2022 ALTERNATIVES:

The City Council has the following alternatives to consider:

1. Adopt All-Electric Reach Codes with no exceptions.

2. Do not adopt All-Electric Reach Codes and provide staff with an alternative direction.

ATTACHMENTS:

Attachment 1: Reach Codes Ordinance
Attachment 2: Reach Codes Summary Table
Attachment 3: Reach Codes Exemption Report

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ORDINANCE NO. _____

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
BRUNO AMENDING CHAPTER 11.06 (ENERGY CODE) AND 11.07
(GREEN BUILDING STANDARDS CODE) OF TITLE 11 (BUILDINGS,

CONSTRUCTION AND FIRE PROTECTION) OF THE SAN BRUNO

MUNICIPAL CODE, TOGETHER WITH CERTAIN AMENDMENTS,

EXCEPTIONS, MODIFICATIONS AND ADDITIONS THERETO
The City Council of the City of San Bruno ORDAINS as follows:

SECTION 1. FINDINGS
WHEREAS, the City of San Bruno (“City”) has adopted the 2019 editions of the California Energy Code and Green Building Standards Codes; and WHEREAS, it is the intent of the City of San Bruno (“City”) to formally adopt the 2022 California Energy Code ad Green Building Standards Codes at its regular meeting of September 13, 2022; and
WHEREAS, the California Energy Code is a part of the California Building Standards which implements minimum energy efficiency standards in buildings through mandatory requirements, prescriptive standards, and performances standards WHEREAS, pursuant to Sections 17922, 17958, 17958.5, 17958.7 and 18941.5 of the California Health and Safety Code, the City may adopt amendments, modifications, changes, and additions to the provisions of these codes, which are reasonably necessary to protect the health, welfare and safety of the citizens of San Bruno because of local climatic, geological and topographical conditions; and
WHEREAS, Public Resources Code Section 25402.l (h) 2 and Section 10-106 of the Building Energy Efficiency Standards (Standards) establish a process which allows local adoption of energy standards that are more stringent than the statewide Standards, provided that such local standards are cost-effective and the California Energy Commission finds that the standards will require buildings to be designed to consume no more energy than permitted by the California Energy Code; and
WHEREAS, the City, through the Statewide Codes & Standards Program, has performed a cost-effectiveness analysis as required by the California Energy Commission for the local amendments to the California Energy Code contained in this ordinance which memo is hereby incorporated by reference; and
WHEREAS, the City has completed review of the proposed amendments and has determined that the requirements of the local amendments to the California Energy Code and

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Green Building Standards Code will require buildings to consume no more energy than permitted by the California Energy Code; and
WHEREAS, adoption of these local amendments is consistent with the goals of reducing greenhouse gas emissions as identified in the City’s Strategic Initiatives.

SECTION 2. REGULATION.

CHAPTER 11.06: AMENDMENTS TO THE 2022 CALIFORNIA ENERGY CODE AND

CALIFORNIA GREEN BUILDING STANDARDS CODE
Sections 11.06 Adoption of the California Energy
Code

11.06.030 Amendment to Section 100.0

11.06.040 Amendment to Section 100.1

11.06.050 Amendment to Section 110.2

11.06.060 Amendment to Section 110.3

11.06.070 Amendment to Section 110.4

11.06.080 Amendment to Section 110.5

11.06.030 Section 100.0 e (2) A of the Energy Code Amended:
(e) Sections applicable to particular buildings. TABLE 100.0-A and this subsection list the provisions of Part 6 that are applicable to different types of buildings covered by Section 100.0(a).

2. Newly constructed buildings.

A. . All newly constructed buildings. Sections 110.0 through 110.12 apply to all newly constructed buildings within the scope of Section 100.0(a). In addition, newly constructed buildings shall meet the requirements of Subsections B, C, D or E, as applicable; and shall be an All-Electric Building, as defined in San Bruno Code Section 11.06.020. A building required to be brought into conformity with standards for substantial improvement as defined in Section 201 of the 2022 California Building Code shall not be considered a newly constructed building for the purposes of San Bruno Code Section 11.06.

Exception 1: Non-residential buildings that will be constructed to Office of Statewide Health Planning and Development (OSHPD) Hospital

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standards [“OSHPD 1” as described in California Building Code Vol. 1, section 1224] or Clinic standards [“OSHPD 3” as described in California Building Code Vol. 1, section 1226] may contain non-electric space- conditioning, water- heating, and process load systems.

Exception 2: Non-Residential Buildings containing a kitchen may contain non-electric cooking appliances, including but not limited to stoves, ovens, cooking ranges, and broilers.

Exception 3: All-Electric Building requirements shall not apply to development projects for which an application for a City development Planning Entitlement has been deemed approved no later than the effective date of this Ordinance, provided that such developments shall comply with any predecessor ordinance, resolution, or policy in effect on the date the application for the development was deemed complete.

Exception 4: All-Electric Building requirements shall not apply to new residential structures that designate 100% of the dwelling units to be affordable, excluding any onsite manager unit(s), for households earning 80% or less of the Area Median Income (AMI), as evidenced by instruments recorded against the property that restrict the units as affordable for a period of at least 55 years.

Exception 5: All-Electric Building requirements shall not apply to Junior Accessory Dwelling Units, as defined by 12.90 of the San Bruno Zoning Ordinance, or to Junior Accessory Dwelling Units, as defined by Government Code Section 65852.22.

Exception 6: If an applicant maintains that circumstances exist that make it infeasible for their building to be an all-electric building, the applicant may request an exception in writing. In requesting an exception, the burden is on the applicant to identify why the requirements for an All- Electric Building are infeasible and must submit any information, as requested by the Building Official or their designee, substantiating the infeasibility. All costs associated with the City’s review of the infeasibility request will be charged to the applicant. The final determination of infeasibility shall be made by the Building Official or their designee. If the exception is granted, the Building Official or their designee shall document their findings in the files of the Building Division.

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11.06.040 Section 100.1 (b) of The Energy Code Amended:

Section 100.1(b) of the Energy Code is amended to add definitions for “All-Electric Building”, and “Scientific Laboratory Area” to read as follows:

ALL-ELECTRIC BUILDING is a building that has no natural gas or propane plumbing installed within the building and that uses electricity as the source of energy for its space-conditioning, water-heating (including pools and spas), cooking appliances, and clothes drying appliances. All-Electric Buildings may include solar thermal pool heating.

11.06.050 Section 110.2 of The Energy Code Amended:

Certification by manufacturers. Any space-conditioning equipment listed in this section that meets the requirements of section 100.0(e) 2A may be installed only if the manufacturer has certified to the Commission that the equipment complies with all the applicable requirements of this section.

11.06.060 Section 110.3(a) of The Energy Code Amended:
(a) Certification by Manufacturers. Any service water-heating system or equipment that meets the requirements of section 100.0(e) 2A may be installed only if the manufacturer has certified that the system or equipment complies with all the requirements of this subsection for that system or equipment.

11.06.070 Section 110.4(a) of The Energy Code Amended:
(a) Certification by Manufacturers. Any pool or spa heating system or equipment that meets the requirements of section 100.0(e)2A may be installed only if the manufacturer has certified that the system or equipment has all of the following:

11.06.080 Section 110.5 of The Energy Code Amended:

Any natural gas system or equipment in a building listed below that falls within one of the exceptions to Section 100.0(e) 2A, as amended by this Code, may be installed only if it does not have a continuously burning pilot light:

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(a) Fan-type central furnaces.
(b) Household cooking appliances.

Exception to Section 110.5(b): Household cooking appliances without an electrical supply voltage connection and in which each pilot consumes less than 150 Btu/hr.
(c) Pool heaters.
(d) Spa heaters.
(e) Indoor and outdoor fireplaces.

Sections

11.07 Adoption of the California Green
Building Standards Code

11.07.030 Amendment to Section 202

11.07.040 Amendment to Section 4.106.4

11.07.050 Amendment to Section 4.106.4.1

11.07.060 Amendment to Section 4.106.4.2

11.07.070 Amendment to Section 5.106.5.3

11.07.080 Amendment to Section 5.106.5.4

11.07.030 Section 202 of The Green Building Standards Code Amended:

AFFORDABLE HOUSING: Residential buildings that consist entirely of housing that costs no more than thirty (30) percent of gross household income. Housing costs include rent or mortgage payments, utilities, taxes, insurance, homeowner association fees, and other related costs.

AUTOMATIC LOAD MANAGEMENT SYSTEMS (ALMS): A control system which allows multiple electric vehicle chargers or electric vehicle ready chargers to share a circuit or panel and automatically reduce power at each charger, providing the opportunity to reduce electrical infrastructure costs and/or provide demand response capability. ALMS is only allowed for Level 2 Electrical Vehicle Charging Stations (EVCS), Level 2 EV Ready Spaces, and Level 1 EV Ready Spaces. ALMS systems must be designed to deliver at least 1.4kW to each EVCS, Level 2 EV Ready Spaces, and Level 1 EV Ready Spaces. The connected amperage on-site shall not be lower than the required connected

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amperage per Part 11, 2019 California Green Building Code for the relevant building types.

ELECTRIC VEHICLE CHARGING STATION (EVCS): A parking space that includes installation of electric vehicle supply equipment (EVSE) with a minimum output of thirty (30) amperes connected to a Level 2 EV Ready Space. EVCS installation may be used to satisfy a Level 2 EV Ready Space requirement.

ELECTRIC VEHICLE (EV) CAPABLE: A parking space linked to a listed electrical panel with sufficient capacity to provide at least one hundred ten/one hundred twenty (110/120) volts and twenty (20) amperes to the parking space.

Raceways linking the electrical panel and parking space only need to be installed in spaces that will be inaccessible in the future, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits. Raceways must be at least one (1) inch” in diameter and may be sized for multiple circuits as allowed by the California Electrical Code. The panel circuit directory shall identify the overcurrent protective device space(s) reserved for EV charging as “EV CAPABLE.” Construction documents shall indicate future completion of raceway from the panel to the parking space, via the installed inaccessible raceways.

LEVEL 1 EV READY SPACE: A parking space served by a complete electric circuit with a minimum of 110/120 volt, twenty (20) ampere capacity including electrical panel capacity, overprotection device, a minimum one (1) inch diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and either a) a receptacle labelled “Electric Vehicle Outlet” with at least a one half (1/2) inch font adjacent to the parking space, or b) electric vehicle supply equipment (EVSE).

LEVEL 2 EV READY SPACE: A parking space served by a complete electric circuit with 208/240 volt, forty (40) ampere capacity including electrical panel capacity, overprotection device, a minimum one (1) inch diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and either a) a receptacle labelled “Electric Vehicle Outlet” with at least a one half (1/2) inchfont adjacent to the parking space, or b) electric vehicle supply equipment (EVSE) with a minimum output of thirty (30) amperes.

11.07.040 Section 4.106.4 of The Green Building Standards Code Amended:

4.106.4 Electric vehicle (EV) charging for new construction. New construction shall comply with Section 4.106.4.1or 4.106.4.2 to facilitate future installation and

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use of EV chargers. Electric vehicle supply equipment (EVSE) shall be installed in accordance with the California Electrical Code, Article 625.

1.1 Where there is no local utility power supply or the local utility is unable to supply adequate power.

1.2 Where there is evidence suitable to the local enforcing agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 4.106.4, may adversely impact the construction cost of the project.

EXCEPTION 2: Accessory Dwelling Units (ADU) and Junior Accessory Dwelling Units (JADU) without additional parking facilities.

11.07.050 Section 4.106.4.1 of The Green Building Standards Code Amended:

4.106.4.1 New one- and two-family dwellings and townhouses with attached private garages. For each dwelling unit, install a Level two (2) EV Ready Space and Level 1 EV Ready Space.

Exception: For each dwelling unit with only one parking space, install a Level 2 EV Ready Space.

4.106.4.1.1 Identification. The raceway termination location shall be permanently and visibly marked as “Electric Vehicle Outlet.”

11.07.060 Section 4.106.4.2 of The Green Building Standards Code Amended:

4.106.4.2 New multifamily dwellings, hotels and motels and new residential parking facilities. When parking is provided, parking spaces for new multifamily dwellings, hotels and motels shall meet the requirements of Sections 4.106.4.2.1 and 4.106.4.2.2. Calculations for spaces shall be rounded up to the nearest whole number. A parking space served by electric vehicle supply equipment or designed as a future EV charging space shall count as at least one standard automobile parking space only for the purpose of complying with any applicable minimum parking space requirements established by a local jurisdiction. See Vehicle Code

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Section 22511.2 for further details.

4.106.4.2.1 Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms. The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.

1.EV Capable. Thirty (30) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of forty (40) amperes.

EXCEPTION 1: When Level two (2) EVSE EV chargers are installed in a number equal to or greater than the required number of EV capable spaces.

EXCEPTION 2: When EV chargers (Level 2 EVSE) are installed in a number less than the required number of EV capable spaces, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed.

EXCEPTION 3: For all multifamily Affordable Housing, 10% of dwelling units with parking space(s) shall be provided with at least one Level 2 EV Ready Space. Calculations for the required minimum number of Level 2 EV Ready Spaces shall be rounded up to the nearest whole number. The remaining dwelling units with parking space(s) shall each be provided with at least a Level 1 EV Ready Space.

Notes:

1. Construction documents are intended to demonstrate the project’s capability and capacity for facilitating future EV charging.

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2. There is no requirement for EV spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.

3. ALMS may be installed to decrease electrical service and transformer costs associated with EV Charging Equipment subject to review of the City.

4. Installation of Level two (2) EV Ready Spaces above the minimum number required level may offset the minimum number Level one (1) EV Ready spaces required on a 1:1 basis.

5. The requirements apply to multifamily buildings, hotels, and motels with parking spaces including: a) assigned or leased to individual dwelling units, and b) unassigned residential parking.

6. In order to adhere to accessibility requirements in accordance with California Building Code Chapters 11A and/or 11B, it is recommended that all accessible parking spaces for newly constructed multifamily dwellings, hotels, and motels are provided with Level 1 or Level 2 EV Ready Spaces.

2.EV Ready. Twenty five (25) percent of the total number of parking spaces shall be equipped with low power Level two (2) EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.

EXCEPTION: Areas of parking facilities served by parking lifts.

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

When low power Level two (2) EV charging receptacles or Level 2 EVSE are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of forty (40) amperes, and installed

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EVSE shall have a capacity of not less than thirty (30) amperes.

ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces.

4.106.4.2.2 Multifamily development projects with 20 or more dwelling units, hotels and motels with 20 or more sleeping units or guest rooms. The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.

1. EV Capable. Thirty (30) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level two (2) EVSE. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of forty (40) amperes.

The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as “EV CAPABLE” in accordance with the California Electrical Code
EXCEPTION: When Level two (2) EVSE EV chargers are installed in a number greater than five (5) percent of parking spaces required by Section 4.106.4.2.2, Item 3, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed over the five (5) percent required.

Notes:

1. Construction documents shall show locations of future EV spaces.

2. There is no requirement for EV spaces to be constructed or available until receptacles for EV charging or EV chargers are installed for use.

3. ALMS may be installed to decrease electrical service and transformer costs associated with EV Charging Equipment subject to review of the City.

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4. The requirements apply to multifamily buildings, hotels, and motels with parking spaces including: a) assigned or leased to individual dwelling units, and b) unassigned residential parking.

5. In order to adhere to accessibility requirements in accordance with California Building Code Chapters 11A and/or 11B, it is recommended that all accessible parking spaces for newly constructed multifamily dwellings, hotels, and motels are provided with Level 1 or Level 2 EV Ready Spaces.

2.EV Ready. Twenty Five (25) percent of the total number of parking spaces shall be equipped with low power Level two (2) EV charging receptacles. For multifamily parking facilities, no more than one receptacle is required per dwelling unit when more than one parking space is provided for use by a single dwelling unit.

EXCEPTION: Areas of parking facilities served by parking lifts.

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

When low power Level two (2) EV charging receptacles or Level two (2) EVSE are installed beyond the minimum required, an automatic load management system (ALMS) may be used to reduce the maximum required electrical capacity to each space served by the ALMS. The electrical system and any on-site distribution transformers shall have sufficient capacity to deliver at least 3.3 kW simultaneously to each EV charging station (EVCS) served by the ALMS. The branch circuit shall have a minimum capacity of forty (40) amperes, and installed EVSE shall have a capacity of not less than thirty (30) amperes. ALMS shall not be used to reduce the minimum required electrical capacity to the required EV capable spaces.

11.07.070 Section 5.106.5.3 of The Green Building Standards Code Amended:

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Electric vehicle (EV) charging. Construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section

5.106.5.3.1 and shall be provided in accordance with regulations in the California Building Code, the California Electrical Code and as follows:

EXCEPTION 1: If an applicant maintains that circumstances exist that make it, the applicant may request an exception in writing. The Building Official or their designee shall determine compliance with this section is infeasible upon one of the following conditions:
a. Where there is no local utility power supply.
b. Where the local utility is unable to supply adequate power. c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of the project.

EXCEPTION 2: Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.

11.07.080 Section 5.106.5.4 of The Green Building Standards Code Amended:

5.106.5.4 Electric vehicle (EV) charging: medium-duty and heavy-duty.

Construction shall comply with Section 5.106.5.4.1 to facilitate future installation of electric vehicle supply equipment (EVSE). Construction for warehouses, grocery stores and retail stores with planned off-street loading spaces shall also comply with Section 5.106.5.4.1 for future installation of medium- and heavy-duty EVSE.

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c. Where there is evidence suitable to the local enforcement agency substantiating that additional local utility infrastructure design requirements, directly related to the implementation of Section 5.106.5.3, may adversely impact the construction cost of the project.

SECTION 3. CEQA. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15273, that this ordinance is statutorily exempt from the requirements of the California Environmental Quality act (CEQA) in that these standards are more stringent than the State energy standards, there are no reasonably foreseeable adverse impacts and there is no possibility that the activity in question may have a significant effect on the environment.

SECTION 4. CONSTITUTIONALITY; SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be unconstitutional, invalid or ineffective by a court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance, and each section, subsection, sentence, clause and phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional, invalid or ineffective.

SECTION 5. EFFECTIVE DATE. This Ordinance shall take effect upon the later to occur of (a) January 1, 2023 or (b) approval by the California Building Standards Commission and California Energy Commission.

SECTION 6. PUBLICATION. The City Clerk is directed to cause publication of this Ordinance as required by law.
---oOo---
I, Vicky Hasha, Deputy City Clerk, do hereby certify that the foregoing Ordinance No. ____ was introduced at a regular meeting of the San Bruno City Council on ______ and adopted by the San Bruno City Council at a regular meeting on _______, by the following vote:

AYES: Councilmembers:

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NOES: Councilmembers:

RECUSED: Councilmembers:

ABSENT: Councilmembers:

Vicky Hasha
Deputy City Clerk

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City of San Bruno Reach Codes Summary Tables

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ATTACHMENT 2
Energy Code Amendments – Building Electrification & Solar Photovoltaic (PV) Systems Building Type
Proposed Energy Code
Amendments for New
Construction
Exceptions*
Single Family and
Accessory
Dwelling Units
Electric Appliances:
• All electric building
required that uses electricity
as the source of energy for
all appliances, including but
not limited to heating
appliances, cooking
appliances, fireplaces and
clothes dryers.
• Natural gas can be used for fan-type central
furnaces, fireplaces, spa heaters, and pool
heaters if each pilot consumes less than 150
Btu/hr.
• Prewiring for electric appliances is required
where natural gas appliances are used.
• For project with planning entitlements approved
by the City prior to the effective date of this
ordinance, refer to 2022 Energy Code.

Low-density
Residential
(three stories or
less multifamily)
Electric Appliances:
• All electric building
required that uses electricity
as the source of energy for
all appliances, including but
not limited to heating
appliances, cooking
appliances, fireplaces and
clothes dryers
• Natural gas can be used for fan-type central
furnaces, fireplaces, spa heaters, and pool
heaters if each pilot consumes less than 150
Btu/hr.
• Prewiring for electric appliances is required
where natural gas appliances are used.
• For projects with planning entitlements approved
by the City prior to the effective date of this
ordinance, refer to 2022 Energy Code.

High-density
Residential
Electric Appliances:
• All electric building
required that uses electricity
as the source of energy for
all appliances, including but
not limited to heating
appliances, cooking
appliances, fireplaces and
clothes dryers.

• Natural gas can be used for fan-type central
furnaces, fireplaces, spa heaters, and pool
heaters if each pilot consumes less than 150
Btu/hr.
• Prewiring for electric appliances is required
where natural gas appliances are used.
• For project with planning entitlements approved
by the City prior to the effective date of this
ordinance, refer to 2022 Energy Code.

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Non-Residential
Buildings
Electric Appliances:
• All electric building
required that uses electricity
as the source of energy for
all appliances, including but
not limited to heating
appliances, cooking
appliances, fireplaces and
clothes dryers.
• Hospitals may use natural gas for space heating
and water heating and process load systems if
desired.
• For project with planning entitlements approved
by the City prior to the effective date of this
ordinance, refer to 2022 Energy Code.
• Non-residential kitchens (e.g. for-profit
restaurants and cafeterias) may use natural gas
stoves.
• For all exceptions, natural gas appliance
locations must be electrically pre-wired for future
electric appliance installation.
*Additional Exception for All Building Types:

If the applicant establishes that there is not an all-electric prescriptive compliance pathway for the building under the Energy Code, and that the building is not able to achieve the performance compliance standard applicable to the building under the Energy Code using commercially available technology and an approved calculation method, then the Community and Economic Development Director or his/her designee may grant a modification.

If the Chief Building Official grants a modification pursuant to this Exception, the applicant must comply with the pre-wiring provision.

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City of San Bruno Reach Codes Summary Tables

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Proposed Green Building Code Amendments – Electric Vehicle Infrastructure Building Type Electric Vehicle Charging
Amendments for New Construction Exceptions
Single and
Two-Family,
Townhouses,
and
Accessory
Dwelling Units
(ADUs)
(with attached
garages)
•Install one Level 2 EV Ready
Space and one Level 1 EV
Ready Space for each dwelling
unit.
oFor each dwelling unit with
only one parking space,
install a Level 2 Ready
Space.
•Where there is no commercial power
supply.
•ADUs and Junior ADUs (JADUs)
without additional parking facilities,
unless the electrical panel is
upgraded or a new panel is installed,
in which case only the electrical
capacity requirements apply.
•Spaces accessible only by automated
mechanical car parking systems.

Multifamily
Dwellings**
•For buildings with less than
or equal to 20 units:
oInstall one Level 2 EV
Ready space for each unit
with parking.
o30% of the total number of
parking spaces shall be EV
spaces
o25% of the total number of
parking spaces shall be
equipped with low power
Level 2 EV charging
•For buildings with more than
20 units:
oInstall one Level 2 EV
Ready space for each unit
with parking.
o30% of the total number of
parking spaces shall be EV
spaces
o25% of the total number of
parking spaces shall be
equipped with low power
Level 2 EV charging
o10% of the total number of
parking spaces shall be
equipped with Level 2
EVSE
•Above exceptions apply.
•For project with planning entitlements
approved by the City prior to the
effective date of this ordinance, refer
to 2022 California Energy Code.
•Multifamily Affordable Housing:
oInstall at least one Level 2 EV
Ready Space in 10% of units
with space(s).
oInstall at least one Level 2 EV
Ready Space.
•Areas of parking facilities served by
parking lifts
Non-
residential
Buildings
•Construction for warehouses,
grocery stores and retail
stores with planned off-street
loading spaces shall also
comply with Section

5.106.5.4.1
•Where there is no commercial power
supply.
•Spaces accessible only by automated
mechanical car parking systems.
•Where there is evidence suitable to
the local enforcement agency
substantiating that additional local
utility infrastructure design
requirements, directly related to the
implementation of Section 5.106.5.3,

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City of San Bruno Reach Codes Summary Tables

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may adversely impact the
construction cost of the project
**Note for Multifamily Dwellings:

The City may consider allowing exceptions, on a case by case basis, if a building permit applicant provides documentation detailing that the increased cost of utility service or on-site transformer capacity would be greater than $4,500 among parking spaces with Level 2 EV Ready Spaces and Level 1 EV Ready Spaces. If costs are found to exceed this level, the applicant would provide EV infrastructure up to a level that would not exceed this cost for utility service or on-site transformer capacity.

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Staff Recommended Reach Codes Exemptions
ATTACHMENT 3
Staff Recommended Exemptions
Exemption Definition & Notes Cities Adopted

1. Planning Entitlement
All-Electric Building requirements shall not
apply to development projects for which an
application for a City development planning
entitlement has been deemed approved no
later than the effective date of this
Ordinance, provided that such developments
shall comply with any predecessor
ordinance, resolution, or policy in effect on
the date the application for the development
was deemed complete.

Berkeley, Los
Gatos, Milpitas,
Palo Alto,
Redwood City,
San Jose

2. Non-Residential
Building containing a
commercial kitchen
Non-Residential Building containing a
commercial kitchen may contain non-electric
cooking appliances.

Brisbane,
Burlingame,
Campbell,
Cupertino, Daly
City, Hayward, Los
Gatos, Menlo
Park, Millbrae,
Mountain View,
Pacifica, Palo Alto,
Redwood City,
San Jose, San
Mateo

3. Junior Accessory
Dwelling Units (JADUs)
Junior Accessory Dwelling Units (JADUs) shall
be exempt from the all-electric building provisions
of this section.

Campbell,
Cupertino, Daly
City, Hayward,
Pacifica, Palo Alto,
Redwood City

4. Office of Statewide
Health Planning and
Development (OSHPD)
1 Hospital Standards
or OSHPD 3 Clinic
Standards
Non-Residential Buildings that will be constructed
per standards stipulated by the Office of
Statewide Health Planning and Development
(OSHPD) 1 Hospital Standards or OSHPD 3
Clinic Standards. This includes any construction
thatmay contain non-electric space-conditioning,
water-heating systems, and process load
systems.

Burlingame,
Campbell, Daly
City, Los Gatos,
Millbrae, Palo Alto,
Redwood City,
San Jose, San
Mateo

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Staff Recommended Reach Codes Exemptions

5. Affordable Housing
All-Electric building requirements shall not apply
to new residential structures that designate 100%
of the dwelling units to be affordable, excluding
any onsite manager unit(s), for persons earning
50% or less of the Area Median Income (AMI), as
evidenced by instruments recorded against the
property that restrict the units as affordable for a
period of at least 55 years.

Daly City,
Redwood City,
San Jose

6. Technical
Infeasibility
Technical Infeasibility exemption in the Energy
Code amendments for unusual circumstances
where an applicant can show that due to
exceptional characteristics of the structure,
property, or business involved, a literal
enforcement of the code will result in practical
infeasibility. If an applicant for a covered project
believes that circumstances exist that make it
infeasible to meet the requirements of this
chapter, the applicant may request an exemption.

In applying for an exemption, the burden is on
the applicant to show infeasibility. Whenever
there are practical difficulties involved in carrying
out provisions of the technical codes, the building
official may grant modifications for individual
cases. The design professional shall submit
findings to the building official demonstrating a
special and unique reason makes the strict letter
of the technical code impractical, the modification
is in conformity with the intent and purpose of the
technical code, and that such modification does
not lessen health, life safety and fire safety
requirements or any degree of structural integrity.

The details of actions granting modifications shall
be recorded and entered in the files of the
building division.

Berkeley,
Burlingame,
Cupertino, Daly
City, Hayward, Los
Gatos, Morgan
Hill, Redwood City

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:September 13, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan Grogan, City Manager
PREPARED BY:Darcy Smith, Assistant City Manager
SUBJECT: Introduce, Read by Title Only, and Waive Further Reading of an Ordinance Amending Chapter 11.40 (Floodplain Management) of Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code Establishing Floodplain Management Requirements
BACKGROUND: On March 12, 2019, the City adopted an Ordinance adding Chapter 11.40 Floodplain Management Requirements to Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code. To maintain eligibility in the National Flood Insurance Program (NFIP) for the benefit of its residents, Federal Emergency Management Agency (FEMA) required the City to adopt an ordinance containing detailed floodplain management measures. Under the NFIP program, which is managed by FEMA, the federal government makes flood insurance available at affordable rates in the City.

For background on the Ordinance subject, in July 2014 FEMA completed an engineering study of coastal hazards as part of the California Coastal Analysis and Mapping Project for the San Francisco Bay in order to update the Flood Insurance Study reports and Flood Insurance Rate Maps. This study was part of FEMA’s nationwide Risk Mapping, Assessment and Planning Program to determine the revised Base Flood Elevation (BFE) and extent of the Special Flood Hazard Areas) for coastal communities. FEMA’s Study identified numerous properties within the City’s Belle Air neighborhood as potentially being subject to inundation by flooding. FEMA updated the Flood Insurance Rate Map (FIRM) for the City, effective April 5, 2019. The FIRM is provided as Attachment 2. The FIRM identifies specific properties in Special Flood Hazard Areas. For San Bruno, these include zones AE and AH. Zone AE is official defined by FEMA as areas subject to inundation by the 1-percent-annual-chance flood event determined by detailed methods. Zone AH is subject to inundation by 1- percent-annual-chance shallow flooding, usually areas of ponding, where average flooding depths are between one and three feet. Mandatory flood insurance purchase requirements and floodplain management standards apply in both zones.

On March 8, 2022, staff presented the changes required to the Floodplain Management Ordinance to City Council at a Study Session. City Council provided direction to staff on the amendment of the ordinance to bring the City’s current regulations in compliance with FEMA requirements and best practices.

DISCUSSION: FEMA frequently reviews the City’s Floodplain Management Requirements ordinance through Community Assistance Visits (CAV). FEMA conducted a technical review of

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Honorable Mayor and Members of the City Council
September 13, 2022

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3 0
4 the City’s floodplain management regulations and provided recommended modifications. These modifications are based on the California Noncoastal Model Ordinance updates. They are required to meet the minimum NFIP requirements. FEMA requested that the City amend the ordinance to include a few key items that are not currently in the ordinance. The amended ordinance is included as Attachment 1.

The ordinance amendments would accomplish the following purposes:
•It includes minor amendments to the City’s Floodplain Management requirements that serve the purpose to minimize public and private losses due to flood conditions within the AH zone areas identified in the FIRM by legally enforceable regulations applied uniformly throughout properties in the AH zone.
•It will adopt the Flood Insurance Study with accompanying FIRM’s and Flood Boundary and Floodway Maps.

Examples of the specific amendments include the following:
•44 CFR § 59.1: Update the definition of “existing manufactured home park or subdivision” to specify the actual adoption date of the City’s first floodplain management ordinance.
•44 CFR § 59.1: Update the definition of “new construction” to specify the actual adoption date of the City’s first floodplain management ordinance. •44 CFR § 59.1: Update the definition of “new manufactured home park or subdivision” to specify the actual adoption date of the City’s first floodplain management ordinance. •44 CFR § 59.1: Adopt a new definition of “Special Flood Hazard Area” with the addition of the AH zone
•44 CFR § 60.3(c)(11): Add language to require drainage paths around structures on slopes to guide water away from structures in Zone AH. The current ordinance only addresses Zone AE.
•44 CFR § 60.3(c)(12): Add language to require that manufactured homes to be placed or substantially improved in an existing manufactured home park or subdivision within Zone AH and AE. The current ordinance only addresses Zone AE.

FISCAL IMPACT: There is no fiscal impact.

ENVIRONMENTAL IMPACT: The action is not a project subject to CEQA.  City Council’s action is not considered a “Project” per CEQA Guidelines and therefore no further environmental analysis is required.

RECOMMENDATION: Introduce, read by title only and waive further reading of an Ordinance Amending Chapter 11.40 (Floodplain Management) to Title 11 (Buildings, Construction and Fire Protection) of the San Bruno Municipal Code Establishing Floodplain Management Requirements.

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Honorable Mayor and Members of the City Council
September 13, 2022

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3 0
4 ALTERNATIVES:

1. Decline to introduce the ordinance, which could keep the City noncompliance with FEMA requirements.

2. Provide additional direction to staff regarding the provisions of the ordinance.

ATTACHMENTS:

1. Floodplain Management Ordinance

2. FEMA Flood Insurance Rate Map

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8 7
8 ORDINANCE NO. 2022-

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN BRUNO AMENDING CHAPTER 11.40 (FLOODPLAIN MANAGEMENT) OF TITLE 11 (BUILDINGS, CONSTRUCTION AND FIRE PROTECTION) OF THE CITY OF SAN

BRUNO MUNICIPAL CODE ESTABLISHING FLOODPLAIN MANAGEMENT

REQUIREMENTS
The City Council of the City of San Bruno ORDAINS as follows:

SECTION 1. FINDINGS.

WHEREAS, the Legislature of the State of California has in Government Code Sections 65302, 65560, and 65800 conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and WHEREAS, the flood hazard AE Zone areas identified in San Bruno are subject to periodic inundation which may result in loss of life and property, health and safety hazards, disruption of commerce and governmental services, extraordinary public expenditures for flood protection and relief, and impairment of the tax base, all of which adversely affect the public health, safety, and general welfare; and
WHEREAS, these potential flood losses are caused by uses that are inadequately elevated, flood proofed, or protected from flood damage. The cumulative effect of obstructions in areas of special flood hazards which increase flood heights and velocities also contributes to flood losses; and
WHEREAS, the City of San Bruno was accepted for participation in the National Flood Insurance Program on March 30, 1981 and the City Council desires to continue to meet the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60, necessary for such participation; and
WHEREAS, the City of San Bruno is required, pursuant to Government Code Sections 65302, 65560, and 65800 to administer and enforce the State building codes, and such building codes contain certain provisions that apply to the design and construction of buildings and structures in AE Zone flood hazard areas; and
WHEREAS, the Chief Building Official is designated the Floodplain Administrator; and WHEREAS, the Floodplain Administrator is authorized and directed to administer the provisions of these regulations. The Floodplain Administrator shall have the authority to render interpretations of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code; and WHEREAS, the Floodplain Management ordinance was adopted on April 11, 2019, and upon further review from Federal Emergency Management Agency (FEMA), the City of San Bruno was advised to include Zones AH to align with regulations.

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SECTION 2. REGULATION.

San Bruno Municipal Code Chapter 11.40 (Floodplain Management Requirements) is amended as shown in underline for additions and strikethrough for deletions, as follows:

11.40.050 Definitions
Unless specifically defined below, words or phrases used in this ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this ordinance its most reasonable application.
"A zone" - see "Special flood hazard area".
“Accessory structure” means a structure that is either:

1. Solely for the parking of no more than two vehicles; or

2. A small shed designed and utilized for storage, less than 150 square feet and $1,500 in value.
"Accessory use" means a use which is incidental and subordinate to the principal use of the parcel of land on which it is located.
"Appeal" means a request for a review of the Floodplain Administrator's interpretation of any provision of this ordinance.
"Appeals Board" means the Floodplain Management Regulations Appeals Board who reviews an Appeal of the provisions of this Ordinance. This Board consists of the Public Services Director, Community and Economic Development Director, and the Community Services Director.
"Area of shallow flooding" means a designated AO or AH Zone on the Flood Insurance Rate Map (FIRM). The base flood depths range from one to three feet; a clearly defined channel does not exist; the path of flooding is unpredictable and indeterminate; and velocity flow may be evident. Such flooding is characterized by ponding or sheet flow. "Area of special flood hazard" - See "Special flood hazard area." "Base flood" means a flood which has a one percent chance of being equaled or exceeded in any given year (also called the "100-year flood"). Base flood is the term used throughout this ordinance.
“Base flood elevation” (BFE) means the elevation shown on the Flood Insurance Rate Map for Zones AE, AH, A1-30, VE and V1-V30 that indicates the water surface elevation resulting from a flood that has a 1-percent or greater chance of being equaled or exceeded in any given year.
"Basement" means any area of the building having its floor subgrade - i.e., below ground level - on all sides.

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"Building" - see "Structure".
“City” means the City of San Bruno, including its elected and appointed officials and employees charged with duties and responsibilities pursuant to this ordinance. "Development" means any man-made change to improved or unimproved real estate, including but not limited to buildings or other structures, mining, dredging, filling, grading, paving, excavation or drilling operations or storage of equipment or materials. "Encroachment" means the advance or infringement of uses, plant growth, fill, excavation, buildings, permanent structures or development into a floodplain which may impede or alter the flow capacity of a floodplain.
"Existing manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including, at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed before the effective date of this Ordinance April 11, 2019. "Expansion to an existing manufactured home park or subdivision" means the preparation of additional sites by the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads). "Flood, flooding, or flood water" means:

1. A general and temporary condition of partial or complete inundation of normally dry land areas from the overflow of inland or tidal waters; the unusual and rapid accumulation or runoff of surface waters from any source; and/or mudslides (i.e., mudflows); and

2. The condition resulting from flood-related erosion.
"Flood Boundary and Floodway Map (FBFM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the floodway. "Flood Insurance Rate Map (FIRM)" means the official map on which the Federal Emergency Management Agency or Federal Insurance Administration has delineated both the areas of special flood hazards and the risk premium zones applicable to the community.
"Flood Insurance Study" means the official report provided by the Federal Insurance Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood Boundary and Floodway Map, and the water surface elevation of the base flood. "Floodplain or flood-prone area" means any land area susceptible to being inundated by water from any source - see "Flooding."
"Floodplain Administrator" is the community official (Chief Building Official) designated by title to administer and enforce the floodplain management regulations. "Floodplain management" means the operation of an overall program of corrective and

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preventive measures for reducing flood damage and preserving and enhancing, where possible, natural resources in the floodplain, including but not limited to emergency preparedness plans, flood control works, floodplain management regulations, and open space plans.
"Floodplain management regulations" means this ordinance and other zoning ordinances, subdivision regulations, building codes, health regulations, special purpose ordinances (such as grading and erosion control) and other application of police power which control development in flood-prone areas. This term describes federal, state or local regulations in any combination thereof which provide standards for preventing and reducing flood loss and damage.
"Floodproofing" means any combination of structural and nonstructural additions, changes, or adjustments to structures which reduce or eliminate flood damage to real estate or improved real property, water and sanitary facilities, structures, and their contents.
"Floodway" means the channel of a river or other watercourse and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. Also referred to as "Regulatory Floodway."
"Floodway fringe" is that area of the floodplain on either side of the "Regulatory Floodway" where encroachment may be permitted.
"Fraud and victimization" as related to Section 11.40.090 of this ordinance, means that the variance granted must not cause fraud on or victimization of the public. In examining this requirement, the City will consider the fact that every newly constructed building adds to government responsibilities and remains a part of the community for fifty to one-hundred years. Buildings that are permitted to be constructed below the base flood elevation are subject to increased risk of damage from floods, while future owners of the property and the community as a whole are subject to all the costs and risks that those increased flood damages bring. In addition, future owners may purchase the property, unaware that it is subject to potential flood damage, and can be insured only at very high flood insurance rates.
"Functionally dependent use" means a use which cannot perform its intended purpose unless it is located or carried out in close proximity to water. The term includes only docking facilities, port facilities that are necessary for the loading and unloading of cargo or passengers, and ship building and ship repair facilities, and does not include long-term storage or related manufacturing facilities.
"Governing body" is the local governing unit, i.e. county or municipality that is empowered to adopt and implement regulations to provide for the public health, safety and general welfare of its citizenry.
"Hardship" as related to Section 11.40.090 of this ordinance means the exceptional hardship that would result from a failure to grant the requested variance. The variance shall be exceptional, unusual, and peculiar to the property involved. Mere economic or financial hardship alone is not exceptional. Inconvenience, aesthetic considerations,

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physical handicaps, personal preferences, or the disapproval of one's neighbors likewise cannot, as a rule, qualify as an exceptional hardship. All of these problems can be resolved through other means without granting a variance, even if the alternative is more expensive, or requires the property owner to build elsewhere or put the parcel to a different use than originally intended. "Highest adjacent grade" means the highest natural elevation of the ground surface prior to construction next to the proposed walls of a structure. "Historic structure" means any structure that is:

1. Listed individually in the National Register of Historic Places (a listing maintained by the Department of Interior) or preliminarily determined by the Secretary of the Interior as meeting the requirements for individual listing on the National Register;

2. Certified or preliminarily determined by the Secretary of the Interior as contributing to the historical significance of a registered historic district or a district preliminarily determined by the Secretary to qualify as a registered historic district;

3. Individually listed on a state inventory of historic places in states with historic preservation programs which have been approved by the Secretary of Interior; or

4. Individually listed on a local inventory of historic places in communities with historic preservation programs that have been certified either by an approved state program as determined by the Secretary of the Interior or directly by the Secretary of the Interior in states without approved programs.
"Levee" means a man-made structure, usually an earthen embankment, designed and constructed in accordance with sound engineering practices to contain, control or divert the flow of water so as to provide protection from temporary flooding. "Levee system" means a flood protection system which consists of a levee, or levees, and associated structures, such as closure and drainage devices, which are constructed and operated in accord with sound engineering practices. "Lowest floor" means the lowest floor of the lowest enclosed area, including basement (see “Basement” definition).

1. An unfinished or flood resistant enclosure below the lowest floor that is usable solely for parking of vehicles, building access or storage in an area other than a basement area, is not considered a building’s lowest floor provided it conforms to applicable non- elevation design requirements, including, but not limited to:
a. The flood openings standard in Section 11.40.080(A)(3)(C); b. The anchoring standards in Section 11.40.080(A)(1);
c. The construction materials and methods standards in Section 11.40.080(A)(2); and d. The standards for utilities in Section 11.40.080(B).

2. For residential structures, all subgrade enclosed areas are prohibited as they are considered to be basements (see “Basement” definition). This prohibition includes below-grade garages and storage areas.
"Manufactured home" means a structure, transportable in one or more sections, which is built on a permanent chassis and is designed for use with or without a permanent foundation when attached to the required utilities. The term "manufactured home" does not include a "recreational vehicle".

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"Manufactured home park or subdivision" means a parcel (or contiguous parcels) of land divided into two or more manufactured home lots for rent or sale. “Market value” is defined in the City of San Bruno substantial damage/improvement procedures. See Section 11.40.070(B)(2)(a).
"Mean sea level" means, for purposes of the National Flood Insurance Program, the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, to which base flood elevations shown on a community's Flood Insurance Rate Map are referenced.
"New construction", for floodplain management purposes, means structures for which the "start of construction" commenced on or after April 11, 2019, the effective date of this Ordinance and includes any subsequent improvements to such structures. "New manufactured home park or subdivision" means a manufactured home park or subdivision for which the construction of facilities for servicing the lots on which the manufactured homes are to be affixed (including at a minimum, the installation of utilities, the construction of streets, and either final site grading or the pouring of concrete pads) is completed on or after April 11, 2019the effective date of this Ordinance.
"Obstruction" includes, but is not limited to, any dam, wall, wharf, embankment, levee, dike, pile, abutment, protection, excavation, channelization, bridge, conduit, culvert, building, wire, fence, rock, gravel, refuse, fill, structure, vegetation or other material in, along, across or projecting into any watercourse which may alter, impede, retard or change the direction and/or velocity of the flow of water, or due to its location, its propensity to snare or collect debris carried by the flow of water, or its likelihood of being carried downstream.
"One-hundred-year flood" or "100-year flood" - see "Base flood." “Program deficiency” means a defect in a community’s floodplain management regulations or administrative procedures that impairs effective implementation of those floodplain management regulations.
"Public safety and nuisance" as related to Section 11.40.090 of this ordinance, means that the granting of a variance must not result in anything which is injurious to safety or health of an entire community or neighborhood, or any considerable number of persons, or unlawfully obstructs the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin. "Recreational vehicle" means a vehicle which is:

1. Built on a single chassis;

2. 400 square feet or less when measured at the largest horizontal projection;

3. Designed to be self-propelled or permanently towable by a light-duty truck; and

4. Designed primarily not for use as a permanent dwelling but as temporary living quarters for recreational, camping, travel, or seasonal use.
"Regulatory floodway" means the channel of a river or other watercourse and the adjacent

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land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than one foot. “Remedy a violation” means to bring the structure or other development into compliance with State or local floodplain management regulations, or if this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may be reduced include protecting the structure or other affected development from flood damages, implementing the enforcement provisions of the ordinance or otherwise deterring future similar violations, or reducing State or Federal financial exposure with regard to the structure or other development.
"Riverine" means relating to, formed by, or resembling a river (including tributaries), stream, brook, etc.
“Special flood hazard area (SFHA)” means an area in the floodplain subject to a 1 percent or greater chance of flooding in any given year. It is shown on an FHBM or FIRM as Zone A, AO, A1-A30, AE, A99, or, AH.
"Start of construction" includes substantial improvement and other proposed new development and means the date the building permit was issued, provided the actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or other improvement was within 180 days from the date of the permit. The actual start means either the first placement of permanent construction of a structure on a site, such as the pouring of slab or footings, the installation of piles, the construction of columns, or any work beyond the stage of excavation; or the placement of a manufacture home on a foundation. Permanent construction does not include land preparation, such as clearing, grading, and filling; nor does it include the installation of streets and/or walkways; nor does it include excavation for a basement, footings, piers, or foundations or the erection of temporary forms; nor does it include the installation on the property of accessory buildings, such as garages or sheds not occupied as dwelling units or not part of the main structure. For a substantial improvement, the actual start of construction means the first alteration of any wall, ceiling, floor, or other structural part of a building, whether or not that alteration affects the external dimensions of the building.
"Structure" means a walled and roofed building that is principally above ground; this includes a gas or liquid storage tank or a manufactured home. "Substantial damage" means damage of any origin sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred. "Substantial improvement" means any reconstruction, rehabilitation, addition, or other improvement of a structure, the cost of which equals or exceeds 50 percent of the market value of the structure before the "start of construction" of the improvement.

This term includes structures which have incurred "substantial damage", regardless of the actual repair work performed. The term does not, however, include either:

1. Any project for improvement of a structure to correct existing violations or state or local health, sanitary, or safety code specifications which have been identified by the local code enforcement official and which are the minimum necessary to assure safe living

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conditions; or

2. Any alteration of a "historic structure," provided that the alteration will not preclude the structure's continued designation as a "historic structure." "Variance" means a grant of relief from the requirements of this ordinance which permits construction in a manner that would otherwise be prohibited by this ordinance. “Violation” means the failure of a structure or other development to be fully compliant with this ordinance. A structure or other development without the elevation certificate, other certifications, or other evidence of compliance required in this ordinance is presumed to be in violation until such time as that documentation is provided. "Water surface elevation" means the height, in relation to the National Geodetic Vertical Datum (NGVD) of 1929, North American Vertical Datum (NAVD) of 1988, or other datum, of floods of various magnitudes and frequencies in the floodplains of coastal or riverine areas.
"Watercourse" means a lake, river, creek, stream, wash, arroyo, channel or other topographic feature on or over which waters flow at least periodically. Watercourse includes specifically designated areas in which substantial flood damage may occur.

11.40.080 Provisions for Flood Hazard Reduction
A. Standards of Construction. In all areas of special flood hazards the following standards are required:

1. Anchoring. All new construction and substantial improvements of structures, including manufactured homes, shall be adequately anchored to prevent flotation, collapse or lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

2. Construction Materials and Methods. All new construction and substantial improvements of structures, including manufactured homes, shall be constructed:
a. With flood resistant materials, and utility equipment resistant to flood damage for areas below the base flood elevation;
b. Using methods and practices that minimize flood damage; and c. With electrical, heating, ventilation, plumbing and air conditioning equipment and other service facilities that are designed and/or located so as to prevent water from entering or accumulating within the components during conditions of flooding. d. Within Zones AH, so that there are adequate drainage paths around structures on slopes to guide flood waters around and away from proposed structures.

3. Elevation and Floodproofing.
a. Residential Construction. All new construction or substantial improvements of residential structures in AE Zones shall have the lowest floor, including basement:
elevated to or above the base flood elevation. Upon the completion of the structure, the elevation of the lowest floor, including basement, shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated. Such certification and verification shall

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be provided to the Floodplain Administrator.
a. Nonresidential Construction. All new construction or substantial improvements of nonresidential structures shall either be elevated to conform to Section

11.40.080(A)(3)(a) or:
i. Be floodproofed, together with attendant utility and sanitary facilities, below the elevation recommended under Section 11.40.080(A)(3)(a), so that the structure is watertight with walls substantially impermeable to the passage of water;
ii. Have structural components capable of resisting hydrostatic and hydrodynamic loads and effects of buoyancy; and
iii. Be certified by a registered civil engineer or architect that the standards of Section 11.40.080(A)(3)(b)(i) and 11.40.080(A)(3)(b)(ii) are satisfied. Such certification shall be provided to the Floodplain Administrator. b. Flood Openings. All new construction and substantial improvements of structures with fully enclosed areas below the lowest floor (excluding basements) that are usable solely for parking of vehicles, building access or storage, and which are subject to flooding, shall be designed to automatically equalize hydrostatic flood forces on exterior walls by allowing for the entry and exit of floodwater. Designs for meeting this requirement must meet the following minimum criteria:
i. For non-engineered openings:

1. Have a minimum of two openings on different sides having a total net area of not less than one square inch for every square foot of enclosed area subject to flooding;

2. The bottom of all openings shall be no higher than one foot above grade;

3. Openings may be equipped with screens, louvers, valves or other coverings or devices provided that they permit the automatic entry and exit of floodwater; and

4. Buildings with more than one enclosed area must have openings on exterior walls for each area to allow flood water to directly enter; or
ii. Be certified by a registered civil engineer or architect. c. Manufactured Homes. See Section 11.40.080(D).
d. Garages and Low Cost Accessory Structures
i. Attached garages.

1. A garage attached to a residential structure, constructed with the garage floor slab below the BFE, must be designed to allow for the automatic entry of flood waters. See Section 11.40.080(A)(3)(c).

Areas of the garage below the BFE must be constructed with flood resistant materials. See Section 11.40.080(A)(2).

2. A garage attached to a nonresidential structure must meet the above requirements or be dry floodproofed. For guidance on below

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grade parking areas, see FEMA Technical Bulletin TB-6.
ii. Detached garages and accessory structures.

1. “Accessory structures” used solely for parking (2 car detached garages or smaller) or limited storage (small, low-cost sheds), as defined in Section 11.40.050, may be constructed such that its floor is below the base flood elevation (BFE), provided the structure is designed and constructed in accordance with the following requirements:
a. Use of the accessory structure must be limited to parking or limited storage;
b. The portions of the accessory structure located below the BFE must be built using flood-resistant materials;
c. The accessory structure must be adequately anchored to prevent flotation, collapse and lateral movement;
d. Any mechanical and utility equipment in the accessory structure must be elevated or floodproofed to or above the BFE;
e. The accessory structure must comply with floodplain
encroachment provisions in Section 11.40.080(F); and
f. The accessory structure must be designed to allow for the automatic entry of flood waters in accordance with Section

11.40.080(A)(3)(c).

2. Detached garages and accessory structures not meeting the above standards must be constructed in accordance with all applicable standards in Section 11.40.080(A).
e. Crawlspace Construction. This sub-section applies to buildings with crawl spaces up to 2 feet below grade. Below-grade crawl space construction in accordance with the requirements listed below will not be considered basements. i. The building must be designed and adequately anchored to resist flotation, collapse, and lateral movement of the structure resulting from hydrodynamic and hydrostatic loads, including the effects of buoyancy.

Crawl space construction is not allowed in areas with flood velocities greater than 5 feet per second unless the design is reviewed by a qualified design professional, such as a registered architect or professional engineer;
ii. The crawl space is an enclosed area below the BFE and, as such, must have openings that equalize hydrostatic pressures by allowing for the automatic entry and exit of floodwaters. For guidance on flood openings, see FEMA Technical Bulletin 1-93;
iii. Portions of the building below the BFE must be constructed with materials resistant to flood damage. This includes not only the foundation walls of the crawl space used to elevate the building, but also any joists, insulation, or other materials that extend below the BFE; and
iv. Any building utility systems within the crawl space must be elevated above BFE or designed so that floodwaters cannot enter or accumulate within the

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system components during flood conditions.
v. Requirements for all below-grade crawl space construction, in addition to the above requirements, to include the following:

1. The interior grade of a crawl space below the BFE must not be more than 2 feet below the lowest adjacent exterior grade (LAG), shown as D in figure 3 of Technical Bulletin 11-01;

2. The height of the below-grade crawl space, measured from the interior grade of the crawl space to the top of the crawl space foundation wall must not exceed 4 feet (shown as L in figure 3 of Technical Bulletin 11-01) at any point;

3. There must be an adequate drainage system that removes floodwaters from the interior area of the crawl space within a reasonable period of time after a flood event, not to exceed 72 hours; and

4. The velocity of floodwaters at the site should not exceed 5 feet per second for any crawl space. For velocities in excess of 5 feet per second, other foundation types should be used.

B. Standards for Utilities

1. All new and replacement water supply and sanitary sewage systems shall be designed to minimize or eliminate:
a. Infiltration of flood waters into the systems; and
b. Discharge from the systems into flood waters.

2. On-site waste disposal systems shall be located to avoid impairment to them, or contamination from them during flooding.

C. Standards for Subdivisions and Other Proposed Development.

1. All new subdivisions proposals and other proposed development, including proposals for manufactured home parks and subdivisions, greater than 50 lots or 5 acres, whichever is the lesser, shall:
a. Identify the Special Flood Hazard Areas (SFHA) and Base Flood Elevations (BFE). b. Identify the elevations of lowest floors of all proposed structures and pads on the final plans.
c. If the site is filled above the base flood elevation, the following as-built information for each structure shall be certified by a registered civil engineer or licensed land surveyor and provided as part of an application for a Letter of Map Revision based on Fill (LOMR-F) to the Floodplain Administrator:
i. Lowest floor elevation.
ii. Pad elevation.
iii. Lowest adjacent grade.

2. All subdivision proposals and other proposed development shall be consistent with the need to minimize flood damage.

3. All subdivision proposals and other proposed development shall have public utilities and facilities such as sewer, gas, electrical and water systems located and constructed to minimize flood damage.

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4. All subdivisions and other proposed development shall provide adequate drainage to reduce exposure to flood hazards.

D. Standards for Manufactured Homes

1. All manufactured homes that are placed or substantially improved, on sites located:
(1) outside of a manufactured home park or subdivision; (2) in a new manufactured home park or subdivision; (3) in an expansion to an existing manufactured home park or subdivision; or (4) in an existing manufactured home park or subdivision upon which a manufactured home has incurred "substantial damage" as the result of a flood, shall:
a. Within Zone AE on the community's Flood Insurance Rate Map, be elevated on a permanent foundation such that the lowest floor of the manufactured home is elevated to or above the base flood elevation and be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement.

2. All manufactured homes to be placed or substantially improved on sites in an existing manufactured home park or subdivision within Zone AH and AE on the community's Flood Insurance Rate Map that are not subject to the provisions of Section 11.40.080(D)(1) will be securely fastened to an adequately anchored foundation system to resist flotation, collapse, and lateral movement, and be elevated so that either the:
a. Lowest floor of the manufactured home is at or above the base flood elevation; or b. Manufactured home chassis is supported by reinforced piers or other foundation elements of at least equivalent strength that are no less than 36 inches in height above grade. Upon the completion of the structure, the elevation of the lowest floor including basement shall be certified by a registered civil engineer or licensed land surveyor, and verified by the community building inspector to be properly elevated.

Such certification and verification shall be provided to the Floodplain Administrator.

E. Standards for Recreational Vehicles. All recreational vehicles placed in Zone AE shall either:

1. Be on the site for fewer than 180 consecutive days; or

2. Be fully licensed and ready for highway use. A recreational vehicle is ready for highway use if it is on its wheels or jacking system, is attached to the site only by quick disconnect type utilities and security devices, and has no permanently attached additions; or

3. Meet the permit requirements of Section 11.40.43 of this ordinance and the elevation and anchoring requirements for manufactured homes in Section 11.40.54.A.

F. Floodways. Since floodways are an extremely hazardous area due to the velocity of flood waters which carry debris, potential projectiles, and erosion potential, the following provisions apply:

1. Until a regulatory floodway is adopted, no new construction, substantial development, or other development (including fill) shall be permitted within Zone AE, unless it is demonstrated that the cumulative effect of the proposed development, when combined with all other development, will not increase the water surface elevation of the base flood more than 1 foot at any point within the City of San Bruno.

2. Within an adopted regulatory floodway, the City of San Bruno shall prohibit encroachments, including fill, new construction, substantial improvements, and other development, unless certification by a registered civil engineer is provided

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demonstrating that the proposed encroachment shall not result in any increase in flood levels during the occurrence of the base flood discharge.

3. If Sections 11.40.080(F)(1) and (2) are satisfied, all new construction, substantial improvement, and other proposed new development shall comply with all other applicable flood hazard reduction provisions of Section 11.40.080.

SECTION 3. NO MANDATORY DUTY OF CARE. This Ordinance is not intended to and shall not be construed or given effect in a manner that imposes upon the City, or any officer or employee thereof, a mandatory duty of care towards persons or parties within the city or outside of the city, so as to provide a basis of civil liability for damages, except as otherwise imposed by law.

SECTION 5. CEQA EXEMPTION. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project that has the potential for causing a significant effect on the environment. The Council therefore directs that the Planning Division may file a Notice of Exemption with the San Mateo County Clerk.

SECTION 6. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days from and after the date of its adoption.

SECTION 7. PUBLICATION. The City Clerk is directed to cause publication of this Ordinance as required by law.

Rico E. Medina, Mayor
ATTEST:

Vicky Hasha, Deputy City Clerk
APPROVED AS TO FORM:

City Attorney

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--oOo--
I hereby certify that the foregoing Ordinance No. 2022- was introduced on , and adopted at a regular meeting of the San Bruno City Council on , by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCILMEMBERS:

ABSENT: COUNCILMEMBERS:

Vicky Hasha, Deputy City Clerk

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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:September 13, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan Grogan, City Manager
PREPARED BY:Darcy Smith, Assistant City Manager
SUBJECT: Introduce, Read by Title Only, and Waive Further Reading of an Ordinance Amending Chapter 10.23 (Recycling and Diversion of Debris from Construction and Demolition) of the San Bruno Municipal Code Establishing Diversion Requirements
BACKGROUND: Effective January 1, 2011, California’s Green Building Standards Code (CALGreen) required the diversion of at least 50 percent of the construction waste generated during most “new construction” projects (CALGreen Sections 4.408 and 5.408). Subsequent amendments have expanded upon what types of construction are covered and, effective January 1st, 2017, the required diversion rate was raised to a minimum of 65%. That means, on certain construction and demolition projects, at least 65% of the generated waste must be reused, or recycled. Cities can be fined $10,000 per day by the California Integrated Waste Management Board (CIWMB) for failure to comply with this law. The CIWMB encourages cities to adopt a Construction & Demolition (C&D) Materials Recycling Ordinance to improve recycling rates.

On March 8, 2022, Staff conducted a Sustainability Work Plan study session and informed City Council of the construction and demolition debris ordinance noncompliance. Since the study session, staff has prepared an amendment to adhere to Section 4.408.1 (Construction Waste Management) of the 2022 California Green Building Standards Code.

DISCUSSION: 2022 CALGreen allows for either a 65% diversion requirement or the local requirements, whichever are more stringent. CALGreen’s waste diversion requirement applies to projects that require a construction or building permit from a local agency. It also applies to residential additions and alteration of existing buildings where the building's conditioned area, volume, or size increases. The current C&D ordinance adopted by the City requires at least 50% of C&D debris to be recycled for existing buildings and at least 65% of the C&D debris to be recycled for new buildings. CALGreen applies the 65% diversion requirements for both new and existing buildings.

Since the March 2022 Study Session, Staff has prepared the amended ordinance in Attachment 1 to comply with the latest state regulations. The proposed ordinance would require 65% diversion of all construction and demolition debris from the landfill be recycled material. This increase will likely have a minimal impact on construction projects, as many projects are already achieving these targets. The proposed ordinance also details certain materials exempt from the 65% reporting:

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Honorable Mayor and Members of the City Council
September 13, 2022

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3 1
1  Asbestos
 Appliances
 Railroad Ties
 Telephone Poles
 Pressure Treated Wood
Additionally, the current ordinance was first administrated via the use of paper forms, including the project Waste Management Plan filled in by the applicant, built into the consolidated CALGreen checklist used at the Building Division public service counter. Several disadvantages of that system were experienced by staff, including:
 Difficulty in reviewing the quantity of paperwork involved in reporting  Level of detail needed in forms added to form length
 Some permit applicants required additional help on forms  Staff unable to assess meaningful penalty for non-compliance and unable to fully enforce Ordinance
After the adoption of the ordinance, Staff will research automated programs for building permit applicants to implement waste tracking. The automated program, typically web-based, will serve to improve and streamline the tracking process, decrease staff time and resources, and provide a more accurate estimate of waste generated. Most waste tracking applications have no cost for applicants to use the reporting system. The Waste Management Plan and automated tool would be integrated. Staff plans to submit an RFP for procurement of the automated program by January 2023 after the Ordinance, if adopted, is effective.

FISCAL IMPACT: There is no fiscal impact.

RECOMMENDATION: Introduce, Read by Title Only, and Waive Further Reading of an Ordinance Amending Chapter 10.23 (Recycling and Diversion of Debris from Construction and Demolition) of the San Bruno Municipal Code Establishing Diversion Requirements ALTERNATIVES:

1. Decline to introduce the ordinance, which could keep the City noncompliance with CALGreen Waste Tracking requirements.

2. Provide additional direction to staff regarding the provisions of the ordinance.

ATTACHMENTS:

1. Ordinance for Amendment

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ORDINANCE NO. 2022-xx

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN
BRUNO AMENDING CHAPTER 10.23 (RECYCLING AND

DIVERSION OF DEBRIS FROM CONSTRUCTION AND

DEMOLITION) OF THE CITY OF SAN BRUNO MUNICIPAL CODE

ESTABLISHING DIVERSION REQUIREMENTS
The City Council of the City of San Bruno ORDAINS as follows:

SECTION 1.Chapter 10.23(Recycling and Diversion of Debris from Construction and Demolition) of Title 10 (Municipal Services) of the San Bruno Municipal Code is hereby amended to adhere to Section 4.408.1 (Construction Waste Management) of the 2022 California Green Building Standards Code.

SECTION 2. FINDINGS.

WHEREAS, a study of nearby jurisdictions has determined that most nearby cities have updated their minimum diversion rate to adhere to Section 4.408.1 (Construction Waste Management) of the 2022 California Green Building Standards Code requirements for a 65 percent minimum diversion rate.

WHEREAS, it is in the public interest for the City to establish consistent and detailed standards for minimum diversion rates to ensure the safety and general welfare, proper appearance, and the quality of the city’s neighborhoods is preserved while ensuring that development projects such as the renovation, remodel or addition to an existing structure that increases the building’s conditioned area, volume or size results in the recycling or salvaging for reuse of materials at a minimum of 65 percent.

SECTION 3. REGULATION
San Bruno Municipal Code Chapter 10.23 (Recycling and Diversion of Debris from Construction and Demolition) is amended as shown in underline for additions and strikethrough for deletions, as follows:

10.23.030 Diversion requirements.

Notwithstanding Section 10.23.020(A), it is required that at least the following specified percentages of construction and demolition debris waste tonnage generated from every covered project shall be diverted from landfills by using recycling, reuse, salvage and other diversion programs:

A. Projects involving the complete demolition or removal of any residential or commercial building shall be required to divert fifty sixty-five percent of all generated

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AMENDMENT TO CHAPTER 12.84.030

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8 construction and demolition debris tonnage. When total tonnage generated from such project includes soil, concrete and/or asphalt, the total diversion rate shall remain at fifty sixty-five percent but at least twenty-five percent of diverted material shall come from generated tonnage that excludes soil, concrete and asphalt.

B. Projects involving the construction of any completely new residential or commercial building shall be required to divert fifty sixty-five percent of total generated waste tonnage.

C. Projects involving the alteration of any building, where the value of such alteration exceeds fifty thousand dollars, shall be required to divert at least fifty sixty-five percent of all generated construction and demolition debris tonnage. (Ord. 1902 § 3, 2021; Ord. 1659 § 2, 2002)

10.23.050 Compliance deposit required.

As a condition precedent to issuance of any building or demolition permit for a covered project, the applicant shall post a cash deposit in the amount of fifty dollars for each estimated ton of generated construction and demolition debris, based on calculations approved by the city. The city council shall establish the minimum deposit and maximum deposit amounts for all covered projects from time to time pursuant to resolution and until so established the minimum deposit shall be not less than one thousand dollars and the maximum deposit amount shall be not more than fifty thousand dollars. The deposit shall be returned, without interest, within a reasonable amount of time not to exceed sixty days following proof to the satisfaction of the building official that no less than the required percentages of debris generated by the project have been diverted from landfill in accordance with the provisions of this chapter. If a lesser percentage of debris is diverted than is required, a proportionate share of the deposit will be returned. The deposit shall be forfeited to the extent that there is a failure to comply with the requirements of this chapter, or if reasonable proof in conformance with this chapter is not provided within one year of the expiration of the building permit or the building permit receiving after 60 calendar days from approved final inspection. (Ord. 1902 § 3, 2021; Ord. 1759 § 2, 2008; Ord. 1659 § 2, 2002).

10.23.080 Reporting.

A. Within sixty days following the completion of a covered project for demolition (or of the demolition portion of a covered project involving both demolition and new construction), the applicant shall submit documentation to the community development department that complies with the requirements of this chapter.

B. As a condition prior to final inspection and/or to approval of final inspection on a covered project, the applicant shall submit to the community development department documentation that complies with the requirements of this chapter.

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AMENDMENT TO CHAPTER 12.84.030

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8 C. The documentation shall consist of a final completed report in a format provided by the city describing diversion activities and showing actual tonnage data for diverted and disposed materials, supported by originals or photocopies of receipts and weight tags or other records of measurement from recycling companies, deconstruction contractors and/or landfill and disposal companies. Receipts and weight tags will be used to verify whether materials generated from the site have been or are to be recycled, reused, or salvaged.

D. For covered projects with a value in excess of five hundred thousand dollars, the building official may require, in addition to the documentation specified above, interim reporting during the term of the project. Such reporting shall be used for the sole purpose of verifying that the applicant is making a good faith effort to comply with the requirements of this chapter, and shall be updated monthly.

E. Any deposit posted pursuant to the requirements of this chapter shall be forfeited if the applicant does not furnish required reports within the time reporting requirements of this section sixty (60) calendar days from approved final inspection. (Ord. 1902 § 3, 2021; Ord. 1759 § 4, 2008; Ord. 1659 § 2, 2002) F. The following materials shall be exempt from reporting and shall not be diverted or disposed of with the designated recyclable and reusable materials: Asbestos, appliances, railroad ties, telephone poles, and pressure-treated wood. Documentation of material types shall be required.

SECTION 6. CEQA EXEMPTION. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3) and 15378 (b)(5), that adoption of this Ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project that has the potential for causing a significant effect

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AMENDMENT TO CHAPTER 12.84.030

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8 on the environment. The Council therefore directs that the Planning Division may file a Notice of Exemption with the San Mateo County Clerk.

SECTION 7. EFFECTIVE DATE. This Ordinance shall take effect thirty (30) days from and after the date of its adoption.

AYES: Councilmembers:

NOES: Councilmembers:

RECUSED: Councilmembers:

ABSENT: Councilmembers:

Vicky Hasha
Deputy City Clerk

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San Bruno City CouncilSeptember 13, 2022

San Bruno City Council
September 13, 2022