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Council Agenda: 08/13/24 1
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF SUNNYVALE TO AMEND VARIOUS SECTIONS OF
TITLE 16 (BUILDINGS AND CONSTRUCTION) OF THE
SUNNYVALE MUNICIPAL CODE TO ADOPT BY
REFERENCE THE 20 22 CALIFORNIA RESIDENTIAL,
ENERGY, AND GREEN BUILDING STANDARDS CODES
WITH THE JULY 2024 SUPPLEMENT , WITH LOCAL
AMENDMENTS AND RELATED FINDINGS
WHEREAS, the California Building Standards Commission ( “CBSC”) is responsible for administering the implementation of the California building codes, which includes the proposal, review, and adoption processes; and
WHEREAS, the building codes are contained in the California Code of Regulations, Title 24; and
WHEREAS, since 1989, the CBSC has published triennial editions of these codes; and WHEREAS, in January 2022, the State of California adopted the 2022 California Building Codes (the “Codes”) and published the documents on July 1, 2022; and WHEREAS, all local jurisdictions were required to adopt the Codes with appropriate amendments by January 1, 2023, or be mandated to accept by default the version adopted by the State; and
WHEREAS, the City of Sunnyvale adopted the 2022 Codes with local amendments (Ord.
No. 3202-22) effective January 1, 2023; and
WHEREAS, the State of California issued a supplement to the Codes effective July 1, 2024 (the “2024 California Uniform Code Supplement”); and
WHEREAS, the City of Sunnyvale desires to amend the following uniform codes to make corrections to certain local amendments adopted in 2022 and align previously adopted local amendments with the changes implemented by the 2024 California Uniform Code Supplement:
• 2022 California Residential Code (based on the 2021 International Residential Code) • 2022 California Energy Code
• 2022 California Green Building Standards Code
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SUNNYVALE DOES ORDAIN AS FOLLOWS:
SECTION 1. Section 16.17.020 AMENDED. Section 16.17.020 of Chapter 16.17 DRAFT 07/18/24______
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(Residential Code) of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code is hereby amended to read as follows:
Section 16.17.020. Adoption by reference.
The 2021 International Residential Code in its entirety, along with Appendices AH, AK, and AV as published by the International Code Council, Inc. and amendments to sections of the 2021 International Residential Code adopted by the State Building Standards Commission in California Code of Regulations (CCR) Title 24, Part 2.5, known as the 2022 Cali fornia Residential Code, is hereby adopted by reference, along with Appendices AH, AK, and AX with changes and modifications as hereinafter set forth, as the residential code of the city of Sunnyvale.
SECTION 2. Section 16.17.120 AMENDED. Section 16.17.120 of Chapter 16. 17 (Residential Code) of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code is hereby amended to read as follows:
Section 16.17.120 Swimming pools, spas, and hot tubs.
2016 2022 California Residential Code Section R326.1 324 is amended to read as follows:
R341. Title. SWIMMING POOLS, SPAS, AND HOT TUBS
R326.1 R341.1 General. The design and construction of swimming pools, and spas, and hot tubs shall comply with the 2016 California Residential Code 2021 International Swimming Pool and Spa Code.
SECTION 3. Section 16.42.090 AMENDED. Section 16.42.090 of Chapter 16.42 (Energy Code) of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code is hereby amended to read as follows:
Section 16.42.090. Solar requirements.
(a) Single Family Residences. 2022 California Energy Code, Section 110.10(a)1, is hereby amended to read as follows:
110.10(a)1 Single Family Residences, Duplexes and Townhomes. Single- family residences, duplexes, and Townhomes shall comply with the requirements of Section 150.1(c)14.
(ba) Title. 2022 California Energy Code , Section 110.10120.11 (Nonresidential, Hotel/Motel Occupancies, and Covered Processes -Mandatory Requirements) (Mandatory Requirements for Solar Readiness), title, is hereby amended to read as follows:
SECTION 110.10120.11 – MANDATORY REQUIREMENTS FOR SOLAR
READY BUILDINGS AND SOLAR PANEL PHOTOVOLTAIC SYSTEMS
REQUIREMENTS
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Newly constructed nonresidential and hotel/motel buildings shall comply with the applicable requirements in Section 140.10(a) and Table 120.11-A. Newly constructed multifamily buildings shall comply with 170.2(f) and Table 120.11-A. 160.8(a).
(b) Hotel/Motel Occupancies and High -Rise Multifamily Buildings. 2022 California Energy Code Section 110.10(a)3 (Covered Occupancies – Hotel/Motel Occupancies and High-rise Multifamily Buildings) is hereby amended to read as follows:
110.10(a)3. Hotel/Motel Occupancies and High -rise Multifamily Buildings.
Hotel/motel occupancies and high -rise multifamily buildings with ten habitable stories or fewer, that do not have a photovoltaic system installed, shall comply with the requirements of Section 110.10(b) through 110.10(d) and Table 110.10-A. (c) Nonresidential Buildings. 2022 California Energy Code Section 110.10(a)4 (Covered Occupancies – Nonresidential Buildings) is hereby amended to read as follows:
110.10(a)4. Nonresidential Buildings. Nonresidential buildings with three habitable stories or fewer, other than I -2 and I -2.1 buildings that do not have a photovoltaic system installed, shall comply with the requirements of Section 110.10(b) through 110.10(d) and Table 110.10-A.
(cd) Solar Panel Requirements for All New Nonresidential, Hotel/Motel, and High Rise Multifamily Buildings. 2022 California Energy Code Section 110.10(a)120.11 (Covered Occupancies Mandatory Requirements for Photovoltaic Systems ) is hereby amended by adding the following table:
Table 1210.110-A: Solar panel requirements for all new nonresidential, hotel/motel, and high rise multifamily buildings
Square footage of building Size of panel
Less than 10,000 sq. ft. Minimum of 5-kilowatt PV systems Greater than or equal to 10,000 sq. ft. Minimum of 10-kilowatt PV systems EXCEPTION: As an alternative to a solar PV system, the building type may provide a solar hot water system (solar thermal) with a minimum collector area of 40 square feet ., additional to any other solar thermal equipment otherwise required for compliance with Part 6.
(ed) [Text Unchanged]
(ef) [Text Unchanged]
(gf) [Text Unchanged]
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(g) Solar Panel Requirements for All New Single -Family Residential Buildings . 2022 California Energy Code Section 150.0(r) (Solar ready buildings) is hereby amended as follows:
150.0(r). Photovoltaic requirements. All new single-family residential buildings shall have a newly installed photo voltaic (PV) system or newly installed PV modules meeting the minimum qualification requirements specified in Joint Appendix JA11 and shall comply with 150.1(c)14.
(h) Title. 2022 California Energy Code Section 160.8 (Mandatory requirements for solar ready buildings) is hereby amended to read as follows:
SECTION 1 60.8 – MANDATORY REQUIREMENTS FOR
PHOTOVOLTAIC SYSTEMS
(i) Solar Panel Requirements for All New Multifamily Buildings. 2022 California Energy Code Subchapter 10 (Multifamily Buildings – Mandatory Requirements) is hereby amended as follows:
160.8(a). Photovoltaic Requirements. All new multifamily buildings shall have a newly installed photovoltaic (PV) system or newly installed PV modules meeting the minimum qualification requirements specified in Joint Appendix JA11 and 170.2(f) or 170.2(g), and Table 120.11-A, as applicable. (j) Title. The title of 2022 California Energy Code, Section 170.2(f) is hereby amended to read as follows:
170.2(f) Photovoltaic requirements.
SECTION 4. Section 16.43.040 AMENDED. Section 16.43.040 of Chapter 16.43 (Green Building Code) of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code is hereby amended to read as follows:
Section 16.43.040. Definitions.
[Text unchanged].
Electric Vehicle (EV) Capable Space: A parking space linked to a listed electrical panel with sufficient capacity to provide at least 110/120 volts and 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 1” 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.
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Level 1 Electric Vehicle (EV) Ready Space: A parking space served by a complete electric branch circuit with a minimum of 110/120 volt, 20 -ampere capacity including electrical panel capacity, overprotection device, a minimum 1” diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and either a) a receptacle labe lled “Electric Vehicle Outlet” with at least a ½” font adjacent to the parking space, or b) electric vehicle supply equipment (EVSE).
Level 2 Electric Vehicle (EV) Ready Space: A parking space served by a complete electric circuit with a minimum 208/240 volt, 40-ampere capacity including electrical panel capacity, overprotection device, a minimum 1” 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 ½” font adjacent to the parking space, or b) electric vehicle supply equipment (EVSE) with a minimum output of 30 amperes.
Level 3 Electric Vehicle (EV) Ready Space: A parking space served by a complete electric circuit with at least a 208/240 volt, 40 -ampere capacity including electrical panel capacity, overprotection device, a minimum 1” diameter raceway that may include multiple circuits as allowed by the Californi a Electrical Code, wiring, and either a) a receptacle labelled labeled “Electric Vehicle Outlet” with at least a ½” font adjacent to the parking space, or b) electric vehicle supply equipment (EVSE) with a minimum output of 830 amperes.
Electric Vehicle Charging Station (EVCS): [Text Unchanged] Level 3 Electric Vehicle Charging Station (EVCS): A parking space that includes installation of electric vehicle supply equipment (EVSE) with a minimum capacity of 840 amperes connected to a circuit serving a Level 3 EV Ready Space. EVCS installation may be used to satisfy a Level 3 EV Ready Space requirement. As applied to this code, a Level 3 shall be SAE J1772 (IEC Type 1) or alternative approved by the chief building official.
Automatic Load Management Systems (ALMS): [Text Unchanged].
SECTION 5. Section 16.43.050 AMENDED. Section 16.43.050 of Chapter 16.43 (Green Building Code) of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code is hereby amended to read as follows:
Section 16.43.050 Residential mandatory measures—Electric vehicle (EV) charging.
(a) [Text Unchanged]
(b) [Text Unchanged]
(c) [Text Unchanged]
(d) 2022 California Green Building Code Section 4.106.4.2.2(1)(b) (New mMultifamily dwellings, hotels and motels and new residential parking facilities) is hereby amended to read as follows:
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4.106.4.2.2(1)(b). New multifamily dwellingsMultifamily parking facilities. The following requirements apply to all new multifamily dwellings:
1. 10% of the total number of parking spaces shall be equipped with Level 2 EV chargers. At least fifty (50) percent of the required EV chargers shall be equipped with J1772 connectors. Where common use parking or unassigned parking is provided, EV chargers shall be located in common use or unassigned parking areas and shall be available for use by all residents or guests.
2. 3040% of the 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.
32. In addition, each remaining dwelling unit with parking space(s) shall be provided with at least a Level 1 EV Ready Space.
Notes:
1. [Text Unchanged]
2. [Text Unchanged]
3. [Text Unchanged]
4. [Text Unchanged]
5. [Text Unchanged]
(e) The following sections of the 2022 California Green Building Code Section are deleted in their entirety: 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),
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), 4.106.4.2.3 (EV Space Requirements), 4.106.4.2.4 (Multiple EV spaces required), 4.106.4.2.4 (Identification), and 4.106.4.2.5 (Electric Vehicle Ready Space Signage). (ef) 2022 California Green Building Code Section 4.106.4.2.2(1)(a)3 (Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildingsHotels and motels) is hereby amended to read as follows:
4.106.4.2.2(1)(a)3 New Hotels and Motels: In residential new construction buildings designated primarily for hotel and motel use with parking:
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1. 10% of the total number of parking spaces shall be equipped with Level 2 EV chargers. At least 50% of the required EV chargers shall be equipped with J1772 connectors.
202. 40% of parking spaces shall be provided with at least one Level 2 Ready Space. Calculations for the required minimum number of Level 2 Ready Space shall be rounded up to the nearest whole number.
32. An additional 50% shall be provided with at least EV Capable.
Calculations for the required minimum number of spaces equipped with Level 2 Ready Space and EV Capable spaces shall all be rounded up to the nearest whole number.
Construction plans and specifications shall demonstrate that all raceways shall be a minimum of 1” and sufficient for installation of Level 2 Ready Space and all required EV Capable spaces; Electrical calculations shall substantiate the design of the electrical system to include the rating of equipment and any on-site distribution transformers, and have sufficient capacity to simultaneously charge EVs at all required EV spaces including EV Capable spaces; and service panel or subpanel(s) shall have sufficie nt capacity to accommodate the required number of dedicated branch circuit(s) for the future installation of the EVSE.
Notes:
1. [Text unchanged].
(f) 2022 California Green Building Code Section 4.106.4.2.2(2) (EV ready parking spaces with EV chargers) is hereby deleted.
(g) 2022 California Green Building Code Section 4.106.4.2.2.1 (Electric vehicle charging Stations (EVCS)) is hereby amended to read as follows:
4.106.4.2.2.1 Electric vehicle charging stations (EVCS).
Electric vehicle charging stations required by Section 4.106.4.2.2 shall comply with Section 4.106.4.2.2.1.1 and Section 4.106.4.2.2.1.2.
Exception: Electric vehicle charging stations serving public accommodations, public housing, motels and hotels shall not be required to comply with this section. See California Building Code Chapter 11B, for applicable requirements. (h) Section 4.106.4.3 (Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings) of the 2022 California Green Building Code section shall be amended to Section 4.106.4.4 (Electric vehicle charging for additions and alterations of parking facilities serving existing multifamily buildings).
SECTION 6. Section 16.43.060 AMENDED. Section 16.43.060 of Chapter 16.43 (Green Attachment 1
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Building Code) of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code is hereby amended to read as follows:
Section 16.43.060. Nonresidential mandatory measures—Electric vehicle (EV) charging.
(a) 2022 California Green Building Code Section 5.106.5.3 (Electric vehicle (EV) charging) is hereby amended to read as follows:
5.106.5.3. Electric vehicle (EV) charging. New construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section
5.106.5.3.1 through 5.106.5.3.6..
Exceptions:
1. [Text Unchanged].
2. [Text Unchanged].
(b) [Text Unchanged].
(c) [Text Unchanged].
2022 California Green Building Code Section 5.106.5.3.2 (Electric vehicle charging stations (EVCS)) is hereby amended to read as follows:
5.106.5.3.2. Other nonresidential buildings. [Text Unchanged] (d) 2022 California Green Building Code Section 5.106.5.3.3 (Use of automatic load management systems (ALMS)) is hereby amended to read as follows:
1. 5.106.5.3.3. Clean Air Vehicle Parking Designation. [Text Unchanged.] (e) 2022 California Green Building Code Section 5.106.5.3.4 deleted in its entirety.
SECTION 7. STATUTORY REFERENCES, INCLUSIONS OF AMENDMENTS AND ADDITIONS. Whenever reference is made to any portion of this ordinance, or of any other chapter or section of the Sunnyvale Municipal Code, or of any other ordinance of the city of Sunnyvale, or of any law of the State of California, the reference applies to all amendments and additions now or thereafter made.
SECTION 8. INTERPRETATIONS. In interpreting and applying the provisions of this ordinance, the requirements contained herein are declared to be minimum requirements for the purposes set forth. The provisions of this ordinance, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments. This ordinance shall not nullify the more restrictive provisions of covenants, agreements or other ordinances or laws, but shall prevail as to such provisions which are less restrictive.
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SECTION 9. FINDINGS. To the extent the changes and modifications set forth in this ordinance to the 2022California Building Standards Codes are deemed more restrictive than the standards contained in the 20 22 California Building Standards Codes, thus requiring findings describing local conditions that justify such modifications, the Council finds and determines that the changes are reasonably necessary because of local climatic, geologic, or topographic conditions and adopts the findings for local amendments to the California Building Code, 20 22 Edition, attached as Exhibit "A" and incorporated herein by reference.
SECTION 10. CEQA - EXEMPTION. The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15308 (Class 8) Actions by Regulatory Agencies for Protection of the Environment and Section 15305 (Class 5) Minor alterations in Land Use Limitations and Section 15061 of the CEQA Guidelines, that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) because it can be seen with certainty that there is no possibility that the changes adopted wi ll have a significant effect on the environment.
SECTION 11. CONSTITUTIONALITY; SEVERABILITY. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid, such decision or decisions shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it w ould 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 invalid.
SECTION 12. EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption.
SECTION 13. POSTING AND PUBLICATION. The City Clerk is directed to cause copies of this ordinance to be posted in three (3) prominent places in the City of Sunnyvale and to cause publication once in The Sun, the official publication of legal notices of the City of Sunnyvale, of a notice setting forth the date of adoption, the title of this ordinance, and a list of places where copies of this ordinance are posted, within fifteen (15) days after adoption of this ordinance.
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Introduced at a regular meeting of the City Council held on August 13, 2024, and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on ______________, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
RECUSAL:
ATTEST: APPROVED:
DAVID CARNAHAN
City Clerk
Date of Attestation: _______________________
LARRY KLEIN
Mayor
(SEAL)
APPROVED AS TO FORM:
________________________________________
REBECCA MOON
City Attorney
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EXHIBIT A
FINDINGS
Section 17958 of the California Health and Safety Code provides that the City may make changes to the provisions of the California Building Standards Code. Sections 17958.5 and 17958.7 of the Health and Safety Code require that for each proposed local chan ge to those provisions of the California Building Standards Code which regulate buildings used for human habitation, the City Council must make findings supporting its determination that each such local change is reasonably necessary because of local climatic, geological, or topographical conditions.
The City need not show that local conditions deviate from prevailing statewide conditions, only that the changes are “reasonably necessary because of local climatic, geological, or topographical conditions.” (Cal. Health & Safety Code § 17958.5; ABS Inst. v. City of Lancaster (1994) 24 Cal.
App. 4th 285, 294.
Local building regulations having the effect of amending the uniform codes, which were adopted by the City prior to November 23, 1970, were unaffected by the regulations of Sections 17958, 17958.5 and 17958.7 of the Health and Safety Code. Therefore, amendments to the uniform codes which were adopted by the City Council prior to November 23, 1970, and have been carried through from year to year without significant change, need no required findings. Also, amendments to provisions not regulating buildings used for human habitation do not require findings.
General Findings
1. Climatic
a. Precipitation. Precipitation in Sunnyvale ranges from 4.83 to 30.30 inches per year with an average of approximately 13.86 inches per year. Approximately 90% falls during the months of November through April and 10% from May through October. This area experienced a major drought in 1977 -78 and a moderate drought the next five years. It recently ended a seven -year drought and it is currently experiencing the driest three year period on record. The local climate is characterized by markedly delineated rainy and dry seasons, which tend to maximize the expansive characteristics of soil. Drought conditions tend to create more frequent and larger fire incidents b. Relative Humidity. Humidity generally ranges from 60% during daytime to 80% at night.
It drops to 20% during the summer months and occasionally drops lower. c. Temperatures. Temperatures have been recorded as high as 108° F. Average summer highs are in the 78°-82° F. range.
d. Winds. Prevailing winds are from the Northwest or Southeast. However, winds are experienced from virtually every direction at one time or another. Velocities are generally in the 5-mph to 15-mph range, gusting to 7.4 mph to 30 mph, particularly during the summer months.
Extreme winds, up to 60 mph, have been known to occur.
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e. Summary and Analysis. These local climatic conditions affect the acceleration, intensity and size of fire in the community. Times of little or no rainfall, of low humidity and high temperatures create extremely hazardous conditions, particularly as they relate to wood shake and shingle roof fires and conflagrations. The winds experienced in this area can have a tremendous impact upon structure fires of buildings in close proximity to one another commonly found in Sunnyvale.
During wood shake and shingle roof fires, or exposure fires, winds can carry sparks and burning brands to other structures, thus spreading the fire and causing conflagrations. In building fires, winds can literally force fires back into the building and can create a blowtorch effect, in addition to preventing "natural" ventilation and cross -ventilation efforts. In developed areas of the City, fires can occur in buildings, rubbish, vehicles, and vegetation on vacant lots.
2. Geological, Geographic and Topographic
a. Geographic Location. Sunnyvale is located in the Santa Clara Valley. It has taken its place as the second largest city in the “heart of the Silicon Valley," the center for an expanding and changing technology industry.
b. Seismic Location. Sunnyvale is situated on alluvial soils between San Francisco Bay and the San Andreas Fault zone. The City's location makes it particularly vulnerable to damage to taller and older structures caused by seismic events. The relatively young geological processes that have created the San Francisco Bay Area are still active today. Seismically, the City sits between two active earthquake faults (San Andreas and the Hayward/Calaveras) and numerous potentially active faults.
c. Seismic and Fire Hazards. In the event of a seismic occurrence, many areas of the city can expect damage or collapse of buildings due to Sunnyvale’s proximity to active earthquake faults. Secondary impacts could include ruptured gas lines, collapsed power lines, and breaks in the w ater distribution system. Gypsum wallboard and exterior portland cement plaster have performed poorly during recent California seismic events. The shear values for gypsum wallboard and portland cement stucco contained in the code are based on mono -directional testing. It is appropriate to limit the use of these products until cyclic loading testing are performed and evaluated. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself.
Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number, should a significant seismic event occur. Public safety resources would have to be prioritized to mitigate the greatest threat, and may likely be unavailable for smaller single dwelling or structure fires.
Other variables may tend to intensify the situation:
1. The extent of damage to the water system;
2. The extent of isolation due to bridge and/or freeway overpass collapse;
3. The extent of roadway damage and/or amount of debris blocking the roadways;
4. Climatic conditions (hot, dry weather with high winds); Attachment 1
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5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours;
6. The availability of timely mutual aid or military assistance;
7. The large portion of dwellings with wood shingle roof coverings could result in conflagrations.
d. Size and Population. The City has an area over 24 square miles in size and a population estimated to be 156,234.
e. Development. Sunnyvale is a community which is projected to add 15,500 new residential units within the next twenty years, primarily in multi -family configurations, for which building security is a matter of acute importance.
f. Public Safety Department. Sunnyvale utilizes a public safety (joint police/fire) department with personnel who function as both fire suppression and police officers, resulting in fewer personnel than otherwise would be required for a city of its size. A premium is therefore placed on built-in physical techniques and devices as crime preventative measures. It is therefore also imperative that fire detection and suppression occur as quickly as possible to minimize loss of property and life. Added protection of fire sprinkler systems and other fire protection measures will supplement normal public safety response by providing immediate protection for the building occupants and by containing and controlling the fire spread to the area of origin. For these reasons the most stringent provisions are required concerning fire detection, alarm and suppression systems.
g. Roads and Streets. Sunnyvale is characterized by large buildings and building complexes and is bounded by several major freeways and expressways, which intersect railroad tracks and additional expressways and major arterial streets. These surface features have a major advers e effect upon the road and street layout in the community, including major traffic routes. In addition, the number of vehicle miles driven in the City is steadily increasing and considerable efforts in traffic and roadway improvements are being made to ease the crush of commuters to and through the City to their homes and places of work. Because of the City's high concentration of jobs, much of the peak traffic is made by nonresidents traveling to or from Sunnyvale. Existing surface feature conditions limit the number and cause indirect routing of major arterial streets for normal traffic as well as emergency vehicle response. The impact of planned developments and traffic flow will continue to have an effect on the Department of Public Safety and delivery of fire services.
During the peak AM and PM traffic periods, the City experiences extremely heavy traffic congestion at key intersections and near freeway on -ramps and off -ramps. As noted above, the limited number and the indirect routing of some roads and streets in the co mmunity can create heavy, slow traffic conditions and excessively long travel routes from point to point within the community. Thus, in the event of an emergency at a key intersection, overpass, underpass, bridge or other circulation corridor, sections of the City may become temporarily isolated and response times for emergency crews increased beyond ideal times.
Intersections are rated on a level of service (LOS) scale (“A” for excellent operational conditions to “F” for poor conditions. Many of the City’s major intersections are currently rated, or with new development, anticipated to be rated LOS D or less for both AM and PM peak hours. These Attachment 1
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conditions create barriers to effective emergency response times, which in turn increase the risk of injury or spread of fire.
h. Industry. Sunnyvale is the site of many manufacturing and research industries which use toxic, flammable and explosive chemicals and materials in potentially hazardous combinations.
Special precautions thus are required to minimize the risk of damage to adjoining pe rsons and properties.
i. Mixed Industrial/Residential Uses. High-density residential uses are located near high - risk industries, necessitating special precautions.
j. Transportation. Sunnyvale is divided by an interstate highway, which potentially could affect response times of fire suppression equipment.
k. Soil Conditions and Topography . Sunnyvale lies at the southern end of San Francisco Bay and is built atop the alluvial deposits that surround the margins of the Bay. The alluvium was created by the flooding of the many streams emptying into the San Francisco Bay depression, and from intermittent seawater inundation that has occurred over the last 2 or 3 million years. The areas closest to the Bay are overlain by unconsolidated fine silty clay, known as "Bay Mud" which varies in thickness from a few feet to as much as 30 feet. Generally, the older, more stable alluvium is to the south and the younger, less stable material is to the north. Bedrock lies beneath the area at depths generally 300' or more. The topography is essentially flat, dropping from an eleva tion of 300 feet to sea level. The slope across the City is in a northeasterly direction from the high point in the southwest corner to the Bay. The average slope is approximately 0.9%.
The Silicon Valley is within a very active seismic area and local soil conditions can be highly expansive (clay soils). The Northridge earthquake provided hundreds of examples of damage to plain concrete footings. This type of damage is extremely expensive to repair, in contrast to the small expense of providing nominal footing reinforcement. Footing reinforcement is also necessary to prevent damage due to pumping action caused by local expansive soils, which shrink and swell during seasonal drying and wetting conditions.
Most of the surface soils in the Silicon Valley are relatively young and unconsolidated sedimentary materials formed from a wide variety of parent materials. The varying chemical composition, degree of weathering, and the relatively acid environment have created soils of varying types, which are particularly corrosive in nature. Much of the surface soil in the Silicon Valley is highly expansive (i.e., shrink-swell behavior) and has low bearing strength. l. Water/Sewer. Some parts of the Silicon Valley have hard water, which is corrosive to ferrous pipe. The groundwater table is unusually high in many places. Expansive soils create unstable conditions, which increase the potential of breaks in sewer laterals. To maintain health and sanitary services, it is necessary to gain access, to periodically maintain public sanitary laterals.
Wastewater draining from indoor sources in Sunnyvale flows through sewer pipes that direct the wastewater to the Water Pollution Control Plant for treatment before being discharged to the San Francisco Bay. If left untreated before discharge, residential, commercial and industrial wastewater would upset the delicate ecosystem of southern San Francisco Bay. The City of Sunnyvale is one of 74 co-permittees listed under a regional municipal stormwater permit for the San Francisco Bay. On November 19, 2015, order No. R2-2009-0074 was adopted by the Regional Attachment 1
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Water Quality Control Board (RWQCB) for Region 2. This permit regulates discharges from municipal separate storm drain systems into waterways under each co -permittee's jurisdiction. The City of Sunnyvale has developed an Urban Runoff Management Plan (URMP) to reduce, control, or otherwise address pollutant sources in discharges to the storm drain system. Departments within the City of Sunnyvale have adopted Best Ma nagement Practices (BMPs) and Standard Operating Procedures (SOPs) to reduce the presence of pollutants in stormwater discharges to the maximum extent practicable.
The Sunnyvale URMP focuses on prevention of illicit connection/illegal dumping, quality of industrial and commercial discharges, and minimizing impacts from new development and construction activities. The City implements BMPs for maintaining street and ro ads, storm drains, and water utilities, and preventing stormwater pollution. m. Buildings, Landscaping and Clearances. Many of the newer large buildings and building complexes are of designs which greatly limit visibility and approach to and accessibility by Public Safety resources. Many houses and other buildings with wood roofs and/or sidings are so close together that fire may readily spread from one to another by both radiation and convection. n. Business & Industry Centers. The current clusters of high-tech, bio-tech, manufacturing and similar companies create additional demands on water, sewer, and electrical facilities. These businesses offer opportunities and access to innovative products, services and technology, and may also be more likely to utilize such products, services, and technology. For example, the more businesses, the greater the demands on water, sewer and power facilities during peak mid - day periods, which could lead to shortages or service disruptions, or use of services and technology impacting health and safety. Similarly, the availability of high -tech and similar businesses creates unique access to innovative products and technology to reduce energy and water use to mitigate business demands.
o. Population. Sunnyvale has a current and rapidly growing population (both resident and daytime work) that impacts fire and police service. With more people, there is more traffic congestion during a greater part of the day, which not only slows emergency vehicle respon se but may also restrict access to fire and crime scenes. Similarly, more emergency incidents requiring a public safety response occur with a larger population, created a greater likelihood of simultaneous emergency incidents requiring a public safety response. This results in longer response times and fewer fire companies or police units to respond to emergencies within the community. p. Summary and Analysis. The stated local geological, geographic and topographical conditions increase the magnitude, exposure, accessibility problems and fire hazards presented to the Department of Public Safety and have a negative impact upon the response capability of public safety resources. Lying beneath Sunnyvale are thick layers of sand, gravel and clay, known as alluvium, which amplify the effects of earthquakes. Based on the combination of these conditions, local experience from the damage caused in Santa Clara Valley by the 1906 earthquake and the poor performance of alluvial deposits during earthquakes, this area could be subject to severe structural damage or failure, multiple major fires and additional fire dangers, and place a great strain on police, fire and rescue resources. A seismic event could also trigger Attachment 1
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widespread damage to hazardous material storage vessels and cause substantial hazardous material releases into the environment.
The possibility of fire ignition increases as earthquake shaking increases. Fire due to broken gas lines or short circuits of electrical systems is a major established hazard associated with earthquakes. Most buildings in Sunnyvale are partially or entirel y combustible which increases the City’s vulnerability to fire. As discussed above, traffic conditions may slow or impede emergency response in any given fire or hazardous materials event, particularly in the event of a seismic event or other natural disaster. Thus, with the potential inability of emergency services to guarantee rapid response, it is necessary to mitigate this problem by requiring additional protections such as built-in fire protection systems, which will provide for early detection and additional fire control.
Conclusion and Findings.
Local climatic, geologic, and topographic conditions impact crime prevention efforts and the frequency, spread, acceleration, intensity and size of fires involving buildings, strength of building structural systems to resist local hazards and ability to de liver uninterrupted services in the community. The potential for significant damage arising from these conditions makes it reasonably necessary to modify the uniform codes to mitigate the effects of the above conditions.
Therefore, the City Council finds that (with the exception of changes justified on administrative grounds), the local amendments of the 2022 California Building Codes are justified by all of the aforementioned general findings.
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