Agenda packet, regular meeting — San Bruno City Council, October 11, 2022 (part 2 of 2)

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 i ts 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 reason ably 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, amendments, additions and deletions to the Fire and Building Codes.

SECTION 3. REGULATION.

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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 mandator y 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.

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.

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

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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 ph rases 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.

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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:

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Vicky Hasha
Deputy City Clerk

APPROVED AS TO FORM:

______________________________

City Attorney

132 of 201

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.

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, 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 11.08 (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:

11.08.010 Adoption of the 2016 2019 2022 California Mechanical Code.

11.08.020 Amendments.

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, addi tions, 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 f ee 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, opin ion 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 201 9 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.

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.

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 e ffectiveness 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 ph rases be declared unconstitutional, invalid or ineffective.

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.

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

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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 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.

WHEREAS, it is the intent of the City Council of San Bruno to formally adopt the 2022 Fire and Building Codes at i ts 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

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 S tate 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 screen ing, 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 instal led 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 and the City of San Bruno Building Division contact information. The sign le ttering 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 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 ph rases be declared unconstitutional, invalid or ineffective.

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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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 modificatio ns 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

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.

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

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

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 doc uments (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 purp orts 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:

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 a s set forth in San Bru no Municipal Code Chapter 1.28.

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 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 ph rases be declared unconstitutional, invalid or ineffective.

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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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.

WHEREAS, it is the intent of the City Council of San Bruno to formally adopt the 2022 Fire and Building Codes at i ts 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

SECTION 3. REGULATION.

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ADDING CHAPTER 11.22 (EXISTING CODE) OF TITLE 11 (BUILDINGS, CONSTRUCTION

AND FIRE PROTECTION)

Page 2 of 4 ends

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 e xisting 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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ADDING CHAPTER 11.22 (EXISTING CODE) OF TITLE 11 (BUILDINGS, CONSTRUCTION

AND FIRE PROTECTION)

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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 openi ng. 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 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 ph rases be declared unconstitutional, invalid or ineffective.

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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ADDING CHAPTER 11.22 (EXISTING CODE) OF TITLE 11 (BUILDINGS, CONSTRUCTION

AND FIRE PROTECTION)

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---oOo---

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 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.

11.24.020 Establishment and duties of the Fire Prevention Division.

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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 b een 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.

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.

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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 material s 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 Schedul e. 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:
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.

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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 p rocedures 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 mec hanical 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.
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.

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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 tan ks. 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 liq uid 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 nor mal 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 ag gregate 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.
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 capac ity 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.

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319.9.2 CNG containers supplying transportation and cooking fuel. Where CNG containers and systems are used to supply fuel for co oking 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 ve hicles 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 sub ject 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 the space is a fire lane and parking is prohibited.

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.

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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 le tters 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 hy drants is not specified in any legal document, fire hydrants that are adjacent to public streets, or streets accepted wi th 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 c urbs 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 508, Fire Command Center.

Section 508.1.1.1 is added to read as follows:

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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 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 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 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 o r 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:

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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.

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.

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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.

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 f loor level. Hose connections on combined standpipe systems are allowed at floor level. H ose connections shall be located at an intermediate floo r 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

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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 smo ke detection system for compliance with the Fire Code shall b e 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 Under writers 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:

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”).

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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.

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

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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 exe mpt 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---

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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City Council Agenda Item
Staff Report

CITY OF SAN BRUNO
DATE:October 11, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan Grogan, City Manager
PREPARED BY:Darcy Smith, Assistant City Manager
SUBJECT: Hold Public Hearing, Read by Title Only and Adopt 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 and 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 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 City’s effort to adopt Reach Codes started as part of the 2021-2022 strategic initiatives.

The City Council has previously discussed and provided direction on Reach Codes at a Study Session on March 8, 2022.

On September 13, 2022, the City Council introduced, read by title only and waived further reading of the Reach Code ordinance by a vote of 5-0-0. The City Council also set the public hearing for adoption of the ordinance for October 11, 2022.

DISCUSSION: The purpose of this item is to serve as a public hearing and adoption of the ordinance. A public hearing is required for adoption of state codes by reference pursuant to Government Code Sections 50022.1, et. seq. No changes have been made to the ordinance since introduction action on September 13, 2022. The ordinance is provided as Attachment 1.

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

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3 4
5 be enough to cover the initial cost within a reasonable period of time. 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. •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. The 2022 Energy Code standards include:
•Single-family homes: heat pump water or space standard. •Multifamily homes such as apartment buildings: heat pump space heating standard.

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3 4
5 •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 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 2 highlights the shift in the overall focus areas from the 2019 CALGreen code cycle to the 2022 code cycle:

Table 2: CALGreen Priorities

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3 4
5 The 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
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
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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3 4
5 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 ordinance requirements are 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:
o30% of total parking spaces shall be EV Capable spaces o33% of total parking spaces shall be EVCS spaces

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5 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.

Next Steps
Should the ordinance be adopted, staff will file the ordinance 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 from the adoption of the ordinance.

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3 4
5 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: Hold Public Hearing, Read by Title Only and Adopt 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 and 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
ALTERNATIVES: 1. Direct staff to make modifications to the ordinance; substantive modifications will require re-introduction at a subsequent meeting.

ATTACHMENTS:

Attachment 1: Ordinance Amending SBMC Chapter 11.06 and Chapter 11.07 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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AMENDMENTS TO 2022 CALIFORNIA ENERGY CODE AND GREEN BUILDING

STANDARDS CODE

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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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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:
o30% of parking spaces
must be EV charging
spaces capable of
supporting future Level 2
EVSE
o25% of the parking spaces
shall be equipped with low
power Level 2 EV charging
receptacle
o10% of the parking spaces
shall be equipped with
Level 2 Electric Vehicle
Charging Station
•For buildings with more than
20 units:
o30% of parking spaces
must be EV charging
spaces capable of
supporting future Level 2
EVSE
o25% of the parking spaces
shall be equipped with low
power Level 2 EV charging
receptacle
o10% of the parking spaces
shall be equipped with
Level 2 Electric Vehicle
Charging Station
•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

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utility infrastructure design
requirements, directly related to the
implementation of Section 5.106.5.3,
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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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:October 11, 2022
TO:Honorable Mayor and Members of the City Council
FROM:Jovan D. Grogan, City Manager
PREPARED BY:Darcy Smith, Assistant City Manager
SUBJECT: Development Town Hall Update
BACKGROUND: At the City Council meeting on September 11, 2022, the City Council considered an agenda item placed on the City Council agenda to discuss directing staff to schedule an in person townhall style meeting in October of 2022 with a focus on development projects, including the timeline for the Recreation and Aquatics Center, for the San Bruno Community. At the September 11th meeting, the City Council directed staff to evaluate the hosting of a Development Town Hall. The purpose of this Town Hall would be to share information with the public about the current status of major private development projects in the city.

DISCUSSION: The City of San Bruno has approved a number of private development projects in the City including residential, commercial, and mixed-use projects over the past few years.

These major projects include the following, as shown in Attachment 1:
- 1178 El Camino Real. Temporary Car Dealership.
- Glenview Terrace: 29 Single family dwelling units.
- 500 Sylvan Avenue. Nine multi-family housing units.
- Mills Park Center. Mixed-use project with 427 multi-family housing units and 7,947 square foot commercial space.
- 300 El Camino Real. Renovation and conversion of an existing 8,758 square feet retail space into a private preschool operated by the Stratford School. - 160 El Camino Real. Hotel with 28 guestrooms.
- 271 El Camino Real Residential Project. 23 multi family dwelling units. - 820 El Camino Real. Conversion of an existing duplex into a triplex. - 1400 to 1450 Bayhill Drive. Development of two office buildings estimated at 287,000 square feet with a 5‐level subterranean parking garage.
-1300 Bayhill Drive and 1350 Grundy Lane. Development of two office buildings estimated at 440,000 square feet with associated parking and other site and street improvements.

These projects are in various stages of activity. Many projects have been approved by the City Planning Commission and/or City Council but building permits have not been submitted for review. Construction has commenced on YouTube office construction. The City provides project status updates about these projects on the City Planning Division website.

The Development Town Hall is proposed as an in-person event at the Senior Center. At the Town Hall, the City Planning Division staff will provide a presentation that would include

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Honorable Mayor and Members of the City Council
October 11, 2022

Page 2 of 2 ends

3 4
0 information about each private development project that has been approved by the City. The staff presentation would serve to educate the community about each development project and provide time for questions and answers. The City currently has a vacancy in the position of Community and Economic Development Director. Given this Director oversees these major development projects, staff recommends this Town Hall be held once this position is filled. Staff will also need adequate time to plan for this in-person event, and provide adequate notice of the event to the community. Therefore, staff recommends the Development Town Hall be scheduled for January or February 2023.

FISCAL IMPACT: There is no fiscal impact from the discussion of the Development Town Hall.

There are sufficient funds appropriated in the current Planning Division operational budget to hold the Town Hall.

ENVIRONMENTAL IMPACT: The discussion of a Development Town Hall does not have the potential for creation of a significant environmental impact pursuant to the California Environmental Quality Act (CEQA), and as such are exempt from further environmental consideration per CEQA Guidelines Section 15061(b)(3).

RECOMMENDATION: That the City Council receive this informational report on a future Development Town Hall and address any questions or comments to staff.

ATTACHMENTS: 1. Summary of Major Development Projects

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Rendering Project/Location Proposed Land Use Pro ject Description Development Status 1178 El Camino Real Temporary Car
Dealership
Use of former Sears building as temporary Hyundai and Genesis dealership
PD Amendment and Planned Development Permit approved by the City Council on July 12, 2022. Occupancy expected this fall.

Glenview Terrace
Glenview Drive and San Bruno
Avenue
Residential ‐
Single‐Family
The project consists of 29 for‐sale single family dwelling units including 4 affordable units. Project was approved by the City Council in June 2022. 500 Sylvan Ave. Residential –Multi‐
Family
The project is a three‐story multi‐family residential
development includes nine rental units with an at‐grade parking garage. The project includes a mix of one studio, two one‐bedroom and six two‐bedroom units.

The project was approved by the City Council on June 11, 2019.

Demolition and building permits for the project were reviewed by all associated departments. However, the associated permits have not been issued. The project entitlements were extended to January 2023 pursuant to AB 1561.

Mills Park Center
601 – 799
El Camino Real
Mixed Use Residential
–
Multi‐Family /
Commercial
The project includes 427 dwelling units, 7,947 sq. ft. of commercial space, 669 parking spaces, and 65 units designated for very‐low, low‐, and moderate‐income households. See here for more
details.

City Council approved the project on June 25, 2020. Development Agreement extension request made to extend project approvals to November 2024.

Stratford School 300
El Camino Real Private Preschool
The project consists of the renovation and conversion of the existing 8,758 s.f. Salvation Army retail space into a private preschool operated by the Stratford School. The preschool will provide education for 144 children ages 3 and 4 years old. The front parking lot would be converted into a 3,600 sf playground and the rear parking lot would be upgraded and have 15
parking spaces. The overall site is 21,625 sf or .50 acres.

Approved by the Architectural Review Committee in June of 2022.

Building permit submittal is pending.

Approved Planning Applications
 
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Bayhill Specific Plan The
Project site is bounded by
Interstates 280, 380,
properties fronting El Camino
Real, and San Bruno Avenue
West from Elm Avenue to
Interstate 280 to the south
Specific Plan
The Bayhill Specific Plan is a regulatory long‐range planning document that will outline a cohesive, long‐term plan for the Project Site, which is home to the largest cluster of offices in San Bruno, including Walmart.com, The Police Credit Union, the headquarters of YouTube, and other commercial uses. The Specific Plan will facilitate integrated development within the Project Site, including the Phase I Development, which is described below. The City anticipates that adoption of the Specific Plan will result in further intensification of land uses beyond what currently exists today. The proposed Specific Plan includes the following land uses: commercial/retail, office, residential, hotel, civic (such as a library and/or community center), and open space. Actual development
intensities/densities and permitted uses will be defined through the planning and environmental review process and the new zoning district. New pedestrian and bicycle paths, as well as improvements to streetscapes are included in the Specific Plan.

On September 28, 2021, the City Council granted the following approvals associated with the Bayhill Specific Plan:

Adopted Resolution No. 2021‐75 approving the Water Supply Assessment Report for the proposed Bayhill Specific Plan.

Adopted Resolution No. 2021‐76 certifying an Environmental Impact Report and adopted CEQA findings, facts, Statement of Overriding Considerations and a Mitigation Monitoring and Reporting Program for the Bayhill Specific Plan and Google/YouTube’s Phase 1 Project.

Adopted Resolution No. 2021‐77 amending the San Bruno General Plan to ensure consistency with the Bayhill Specific Plan.

Adopted Resolution No. 2021‐78 adopting the Bayhill Specific Plan for the Bayhill Area of the City.

Waived the first reading and introduced Ordinance No. 1903 adding Chapter 12.290, Bayhill Specific Plan Districts, to the City of San Bruno Municipal Code establishing regulations for parcels within the Bayhill Specific Plan.

Waived the first reading and introduced Ordinance No. 1904 amending the City of San Bruno Zoning Map for the Bayhill Specific Plan Area.

The ordinances referenced above were formally adopted by the City Council on October 12, 2021.
160 El Camino Real Hotel The project consists of a three‐story hotel with 28 guestrooms and basement parking on a vacant parcel.

The Planning Commission approved the project May 2021. Property is currently listed for sale.
 
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271 El Camino Real Residential ‐ Multi‐
Family
The project consists of a three‐story multi‐family development with 23 dwelling units and 4 affordable units.

The Planning Commission approved the project September 2021. Building permit submittal is pending.
820 El Camino Real Residential Multi‐
Family
The project proposes to convert an existing, two‐story duplex into a three‐story triplex with 1 parking space. The site is 1,775 square feet.

Project was approved by the Architectural Review Committee. Building permit submittal pending.
 
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Rendering Location Proposed Land
Use Project Description Development Status
1400 – 1450 Bayhill Drive Office
Development of two multi‐level office buildings on properties formerly known as 901 Cherry Phase 2. Total office area in two buildings is estimated at 287,000 sq.ft. with a 5‐level subterranean parking garage for 865 parking spaces. The project also proposes to install landscape improvements and a Central Utility Plan.

Excavation, shoring activities, and vertical contruction have commenced. Building permits for interior tenant improvements have been submitted and are under review. 251 City Park Way. Located within
San Bruno City Park
Recreation and
Aquatic Center
The project includes demolition of the existing Veteran’s Memorial Building and San Bruno Park Pool to construct a new two‐story, approximately 49,360 square foot San Bruno Recreation and Aquatic Center. Facility will include a community lounge, lobby, gymnasium, indoor pool, walking track, group exercise room, fitness room, community hall, classrooms, conference room, and City staff offices. An outdoor pool may be proposed for a future phase pending the availability of additional funding. The project also includes reconfiguration of the existing parking lot adjacent to the existing Veterans Memorial building and realignment of City Park Way to create a designated parking lot with 71 parking spaces. Realignment and naturalization of a portion of the water channel running through the park is also proposed to accommodate the parking lot reconfiguration and to improve the safety and function of the park for vehicles and
pedestrians.

The project was reviewed and approved by the Planning Commission in May 2020. See here for more details. Ground breaking activities on August 27, 2021. Project is currently under construction.

Under Construction
 
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Surface parking lots adjacent to
1000 and 900 Cherry Avenue
(New addresses are 1300 Bayhill Dr.
and 1350 Grundy Ln.)
Office
YouTube, the applicant and owner of the Phase I
Development area, proposes to retain the two existing office buildings on the Phase I Site and construct two new buildings with 440,000 square feet of additional office space. A
maximum of three levels of subgrade parking would be
provided at both parcels. Additional improvements and items include: (1) the construction of an off‐street multi‐modal transportation hub on an accessway located between Grundy Lane and Bayhill Drive, on the west side of the parcel
containing 950 Elm Street; (2) the realignment of Grundy Lane from Cherry Avenue to Elm Avenue; (3) the abandonment of northern portion of Elm Avenue located directly to the north of the realigned Grundy Lane; (4) the demolition of three existing buildings located at 1150–1250 Bayhill Drive to provide a construction staging and parking area during
construction of the Phase I Development; and (5) a
Development Agreement requested as part of the Phase I
planning entitlements.

On September 28, 2021, the City Council granted the following approvals associated with Google/YouTube’s Phase 1 Development:

Adopted Resolution No. 2021‐79 approving a Phased Vesting Tentative Subdivision Map with Lot Line Adjustments, realignment of Grundy Lane involving vacation of current public roadway and utility easements and dedication of new roadway right‐of‐ way in fee and grating of new utility easements, and vacation of a portion of El Avenue, as shown on the Map for Google LLC’s property in the Bayhill are of the City.

Waived the first reading and introduced Ordinance No. 1905 approving a Development Agreement between the City of San Bruno and Google LLC, A California Limited Liability Company. (The City Coucnil formally adopted Ordinance No. 1905 on October 12, 2021.

Adopted Resolution No. 2021‐80 approving an Architectural Review Permit for Phase 1 of Google LLC’s development plans.

Adopted Resolution No. 2021‐81 authorizing various curb marking changes along frontages of 900 Cherry Avenue and 1000 Cherry Avenue.

Thus far, the following permits have been issued and the associated work has begun:

Heritage Tree Removal Permit, Utility Cut and Cap Permit (Infrastructure work within public right‐of‐way), Cul‐de‐Sac Permit (Construction of Temporary Cul‐de‐Sac on Grundy Lane, Lakes Demolition Permit (Demolition of existing buildings located at 1150‐1250 Bayhill Drive. Mass Excavation and Shoring work is currently underway.  
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San Bruno City CouncilOctober 11, 2022

San Bruno City Council
October 11, 2022