ORDINANCE NO.

 

 

WHEREAS, on September 24, 2002, the City Council of the City of

Sunnyvale adopted Ordinance No. 2705-02, which adopted the 2001 California Building Code as the Building Code for the City of Sunnyvale, with certain amendments thereto; and

 

          WHEREAS, on September 24, 2002 the City Council also adopted Resolution No. 182-02, setting forth findings concerning local climatic conditions which justify certain modifications to the standard code, noting that times of little or no rainfall, low humidity and high temperatures, and gusting wind conditions intensify the risks of fire damage in the community; and

 

          WHEREAS, the City Council now desires to amend the Building Code by adding a heightened rating for roof materials utilized in the City to address the aforementioned fire risks, and incorporates by reference the findings made in Resolution No. 182-02, attached hereto as Attachment "A."

 

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

 

          SECTION 1.       CHAPTER 16.16 AMENDED.  Chapter 16.16 entitled "Building Code" is hereby amended by adding section 16.16.170 to the Sunnyvale Municipal Code to read as follows:

 

16.16.170.  Roof Material Rating.

     2001 California Building Code Section 1503.3 is amended to read as follows:

 

     1503.3 [For SFM]  Roof Coverings in All Other Areas.  The entire roof covering of every existing structure where more than 50 percent of the total roof area is replaced within any one-year period, the entire roof covering of every new structure, and any roof covering applied in the alteration, repair or replacement of the roof of every existing structure, shall be a fire-retardant roof covering that is at least Class B  as defined in the Uniform Building Code.

                       

          SECTION 2.  EXEMPTION FROM CEQA.  The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), that this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment.  The Council therefore directs that a Notice of Exemption be filed with the Santa Clara County Clerk in accordance with the Sunnyvale Guidelines for the implementation of CEQA.

 

          SECTION 3.  EFFECTIVE DATE. This ordinance shall be in full force and effect thirty (30) days from and after the date of its adoption. The City Clerk is hereby directed to cause a copy of this ordinance making this change to the 2001 California Building Code, to be filed with the State Department of Housing and Community Development.

 

          SECTION 4.  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 newspaper 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.

 

         

 

          Introduced at a regular meeting of the City Council held                    , and adopted as an ordinance of the City of Sunnyvale at a regular meeting of the City Council held on _______________, 2003, by following vote:

 

AYES:
NOES:
ABSENT:

 

ATTEST:	APPROVED:
City Clerk	Mayor

(SEAL)

 

 

ATTACHMENT A

 

RESOLUTION NO. 182-02

 

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUNNYVALE FINDING AND DETERMINING THE NEED FOR MODIFICATIONS TO THE UNIFORM BUILDING CODES ADOPTED BY THE CITY

 

          WHEREAS, Health and Safety Code Section 17958 requires the adoption by the City of Sunnyvale of regulations imposing the requirements of certain uniform industry codes as specified in Health and Safety Code Section 17922; and

 

WHEREAS, Health and Safety Code Section 17958.5 permits a city to make changes or modifications to the uniform codes as deemed reasonable because of local climatic, geological or topographical conditions; and

 

          WHEREAS, the City is adopting the following uniform codes:

 

          (1)      2001 California Administrative Code

          (2)      2001 California Building Code

          (3)      2001 California Code for Building Conservation

          (4)      2001 California Plumbing Code

          (5)      2001 California Mechanical Code

          (6)      2001 California Electrical Code

          (7)      2001 California Historical Building Code

          (8)      2001 California Energy Code

 

          NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SUNNYVALE that pursuant to the requirements of Health and Safety Code Section 17958.7, the Council finds and determines there is a need to adopt the changes or modifications to the uniform codes because of local climatic, topographical, geological and related geographic conditions.

 

 

General Findings

 

          1.       Climatic

 

                   a.       Precipitation.  Precipitation 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 has in the past 5 years experienced further drought; it is possible that more droughts will occur in the future.  The local climate is characterized by markedly delineated rainy and dry seasons, which tend to maximize the expansive characteristics of soil.

 

                   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.

 

                   e.       Summary.  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.

 

          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.  Approximately 55% of the City's land surface is in the high-to-moderate seismic hazard zones.

 

 

                   c.       Seismic and Fire Hazards.  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.  75% of all dwellings in Sunnyvale have wood shingle roofs.

 

                   The majority of the City's industrial complexes are located in the highest seismic risk zones.  The highest seismic risk zone also contains the largest concentration of hazardous materials.  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 extend 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);

          (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 23 square miles in size and a population estimated to be 134,150.  It is estimated that by January 2005 the population will be 137,000.

 

                   e.       Development.  Sunnyvale is a community which has present capacity to develop some 5,000 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.  For these reasons the most stringent provisions are required concerning fire detection, alarm and suppression systems.

 

                   g.       Roads and Streets.  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 (about 75%) is made by nonresidents travelling to or from Sunnyvale.  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.

 

                   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 persons 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 sea water 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 elevation 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 approx-imately 0.9%.

         

          The Silicon Valley is within a very active seismic area (seismic zone 4) and local soil conditions can be highly expansive (clay soils).  The 1994 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.  Due to expansive soil conditions, 6 inches by 6 inches of ten gauge wire mesh are typical minimum requirements for slab thickness by soil engineers in the Silicon Valley in order to avoid damage due to soil expansion and shrinkage.

 

                   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 have 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.       

 

                   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 will readily spread from one to another by both radiation and convection.

 

                   n.       Summary.  The stated local geological, geographic and topographical conditions increase the magnitude, exposure, accessibility problems and fire hazards presented to the Department of Public Safety.  Lying beneath Sunnyvale are thick layers of sand, gravel and clay, known as alluvium, which amplify the effects of earthquakes.  Based on the damage caused in Santa Clara Valley by the 1906 and 1989 earthquakes and the poor performance of alluvial deposits during earthquakes, this area could be subject to severe damage.

 

Specific Findings.  In addition to changes justified on administrative grounds or by all of the general findings, several substantive sections are justified specifically.  These are as follows:

 

Sunnyvale Municipal Code                         General Findings Numbers

 

Sections 16.08.150	2c(7); 2d; 2e; 2i
Sections 16.16.030 - 16.16.050	1c; 1d; 2c(4); 2k; 2l; 2m
Sections 16.16.070 - 16.16.170	2b; 2k
Sections 16.41.030 - 16.41.050	2d, 2e; 2f

 

          BE IT FURTHER RESOLVED THAT the City Clerk is hereby directed to cause a copy of this resolution, together with the ordinances making the changes and modifications to the enumerated uniform codes, to be filed with the State Department of Housing and Community Development.

 

          Adopted by the City Council at a regular meeting held on September 24, 2002, by the following vote:

 

AYES:	VALERIO, VORREITER, WALKER, MILLER, RISCH, HOWE, FOWLER
NOES:	NONE
ABSENT:	NONE

 

ATTEST:	APPROVED:
City Clerk	Mayor

(SEAL)