HomeMy WebLinkAbout2020-10-26 City Council Agenda PacketCity Council
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Monday, October 26, 2020
Special Meeting
6:00 PM
REVISED
Agenda posted according to PAMC Section 2.04.070. Supporting materials are available on
the City’s website on the Thursday 11 days preceding the meeting.
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Pursuant to the provisions of California Governor’s Executive Order N-29-20,
issued on March 17, 2020, to prevent the spread of Covid-19, this meeting
will be held by virtual teleconference only, with no physical location. The
meeting will be broadcast on Cable TV Channel 26, live on YouTube at
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ensure participation in a particular item, we suggest calling in or connecting
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TIME ESTIMATES
Time estimates are provided as part of the Council's effort to manage its time at Council meetings. Listed times are estimates only and are subject to change at any time, including while the meeting is in progress.
The Council reserves the right to use more or less time on any item, to change the order of items and/or to
continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public.
HEARINGS REQUIRED BY LAW Applicants and/or appellants may have up to ten minutes at the outset of the public discussion to make their
remarks and up to three minutes for concluding remarks after other members of the public have spoken.
Call to Order
Study Session 6:00-7:00 PM
1.Update and Discussion on the City of Palo Alto's Race and Equity Work
Including Discussion of a Mission Statement, Reorganization of
Committee Structure, and Other Items
Presentation
Public
Comment
2 October 26, 2020
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Agenda Changes, Additions and Deletions
Oral Communications 7:00-7:30 PM
Members of the public may speak to any item NOT on the agenda. Council reserves the right to limit the duration of
Oral Communications period to 30 minutes.
Consent Calendar 7:30-7:35 PM
Items will be voted on in one motion unless removed from the calendar by three Council Members.
2.SECOND READING: Adoption of Several Ordinances Regarding
Accessory Dwelling Units and Junior Accessory Dwelling Units
Amending Palo Alto Municipal Code Titles 16 (Building) and 18
(Zoning); Amendments Include Repealing Section 18.42.040
(Accessory and Junior Accessory Dwelling Units) and Adding a new
Chapter 18.09 (Accessory Dwelling Units and Junior Accessory
Dwelling Units); and Updating Chapters 18.04 (Definitions), 16.58
(Development Impact Fees), 16.04 (California Building Code), 16.06
(California Residential Code), and 16.14 (California Green Building
Standards Code) (FIRST READING: October 5, 2020 PASSED: 7-0)
3.QUASI-JUDICIAL. 567 Maybell Avenue [15PLN-00248]: Adoption of a
Resolution Authorizing the City Manager to Amend an Existing
Agreement Securing a Lien for the Deferral of Affordable Housing
In-lieu Fees and Development Impact Fees for a Project That Includes
the Development of 16 Single-family Homes. The Applicant Proposes
Payment of Fees in Installments, Prior to Final Occupancy.
Environmental Assessment: not a Project. Zoning Districts R-2 and
RM-15
3A. Approval of the Nomination of Council Member Alison Cormack to the
Santa Clara Valley Transportation Authority (VTA) Board
City Manager Comments 7:35-7:45 PM
Action Items 7:45-9:00 PM
Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials,
Unfinished Business and Council Matters.
4.Direction to Modify the California Avenue Parking Policy to Expand
Eligibility for City Garage Parking Permits and Modify the Evergreen
Park Mayfield Residential Preferential Parking (RPP) Program to Reduce
Employee Parking in the RPP District (THIS ITEM HAS BEEN MOVED
TO NOVEMBER 9, 2020)
4A. Consideration of Recommendations by the City Council Ad Hoc on
Boards, Commissions and Committees (BCCs), Including Adopting a
Council Question
Public
Comment
Presentation
Public
Comment
3 October 26, 2020
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Handbook, Establishing Training, and Direction on Further Changes
Including Term Limits and Reducing the Parks and Recreation
Commission to Five Members (CONTINUED FROM OCTOBER 19, 2020)
Council Member Questions, Comments and Announcements
Members of the public may not speak to the item(s)
Adjournment
AMERICANS WITH DISABILITY ACT (ADA) Persons with disabilities who require auxiliary aids or services in using City facilities, services or programs or who would like information on the City’s compliance with the Americans with
Disabilities Act (ADA) of 1990, may contact (650) 329-2550 (Voice) 24 hours in advance.
4 October 26, 2020
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Additional Information
Standing Committee Meetings
Finance Committee Meeting CANCELLED November 3, 2020
Schedule of Meetings
Schedule of Meetings
Tentative Agenda
Tentative Agenda
Public Letters to Council
Set 1
5 October 26, 2020
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Public Comment Instructions
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City of Palo Alto (ID # 11689)
City Council Staff Report
Report Type: Study Session Meeting Date: 10/26/2020
City of Palo Alto Page 1
Summary Title: Update on City of Palo Alto's Race and Equity Work
Title: Update and Discussion on the City of Palo Alto's Race and Equity Work
Including Discussion of a Mission Statement, Reorganization of Committee
Structure, and Other Items
From: City Manager
Lead Department: City Manager
Recommendation
Staff recommends that Council receive an update on the City’s Race and Equity efforts and
discuss next steps.
Background
In early June 2020, the City Council adopted a Resolution affirming that Black lives matter and
committed to address systemic racism and bias and approved a Race & Equity Framework and
action plan. The City Council also approved a series of actions including reviewing policing
practices, making changes to use-of-force policies to reduce the potential for violence, and
engaging the community in ongoing, thoughtful dialogue and leadership. The Mayor also
established several Council Ad Hoc committees to help further the City’s race and equity
priorities and work.
Since that time staff and the City Council ad hoc committees have brought updates to the full
City Council related to the City’s race and equity efforts. The most recent report and City
Council discussion was on September 28, 2020 (CMR #11604).
At the September 28 meeting, the City Council spoke to the Independent Police Auditor and
staff shared an updated framework that addresses a way to focus the City’s race and equity
work in the coming months and beyond.
Discussion
As shared in the presentation for the September 28, 2020 meeting (Meeting Presentation), the
Citywide Diversity and Inclusion Ad Hoc Committee prepared a draft mission statement to serve
as the basis for the continued work around diversity and inclusion for the City of Palo Alto. That
draft mission statement is:
CITY OF
PALO
ALTO
City of Palo Alto Page 2
The City of Palo Alto is committed to creating a respectful, fair, and professional
workplace and city. We will identify inequities and prejudices, welcome diverse
perspectives, and use a collaborative approach to create an environment that works for
everyone.
Based on the foundation expressed in the mission statement, the following framework was
introduced at the September 28 City Council meeting and it summarizes the work completed to
date including community engagement and data collection related to the ad hoc work. The
framework outlines the steps ahead which include identifying the gaps or areas of
improvement and provides some policy direction based on the gaps identified.
The practice areas identified based on the work done to-date from the ad hocs are as follows
(with the lead department in parentheses):
Policing Practices:
1. Public contact data collection and trend analysis (PD)
2. Officer deployment priorities and practices for non-violent calls (PD)
3. Officer conduct investigations and transparency (PD/CAO)
4. Discipline and accountability (PD)
Citywide Practices:
1. Hiring and promotions including board/commission appointments (CM/HR)
2. Board/commission engagement with race and equity issues (Council)
3. Continuous learning and improvement (CM/HR)
4. Norms and expectations of conduct (CM)
RACE & EQUITY PROCESS MOVING FORWARD
Framework:
Sequence of
work ahead
Community Engagement & Learning
report out
-Gain community input
-Seek to understand
people's experiences
with PAPD
-Community learning
sessions
Data Collection
-Review Policy Manual 1-Identify processes &
-Review data: uses ~f I policies where current
force & calls for service I practice could be
-Request & review any I improved
other data 1-Identify areas desired
Review legislation I for changes
1-Community feedback
I
I-
TODAY
Policy Direction
-Based on gaps and
Ad Hoc suggestions,
Council to provide
policy direction on
improvement areas
-Staff to recommend
most effective
implementation tools
City of Palo Alto Page 3
(PD=Police Department; CAO=City Attorney’s Office; HR=Human Resources Department; and CM=City Manager’s Office)
The practice areas are being discussed in the ad hocs as follows:
• Police Policy Manual, Data, and Hiring Ad Hoc: Discussing Policing Practices 1-2
• Police Transparency and Accountability Ad Hoc: Discussing Policing Practices 3-4
• Citywide Diversity and Inclusion Ad Hoc: Discussing Citywide Practices 1-4
As further explained in the Findings subsection below, the work of the Alternative Models Ad
Hoc has been used as a base recommendation for the work related to Policing Practice 2.
For each of the practice areas, staff will work with the ad hocs to fill in a template with the
background information, current practices, areas of concern (gaps identified), and
considerations (policy direction) for the full City Council related to those areas of concern.
This Council update is a study session to gain feedback and suggestions from the Council,
including potential ad hoc suggestions related to the policing practice areas. The draft
document with gaps identified and policy considerations as discussed with the ad hocs is
included as Attachment A. Staff plans to return to City Council in November with an action item
incorporating City Council feedback to consider action on any of the following:
1. Adoption of the draft race and equity mission statement
2. Action on new policies or policy changes related to the gaps City Council identifies
within the Policing Practices areas
3. Assignment of the ad hoc work beyond 2020
Findings from the Alternative Models Ad Hoc:
The Public Safety Alternative Models Ad Hoc committee convened throughout the summer to
look at emerging public safety practices and assess if the City of Palo Alto should further pursue
any of these models. Through research and conversation, the ad hoc learned about and
discussed consolidated public safety departments that combine Police and Fire functions into a
single department. As the ad hoc and the full City Council discussed, the unique nature of Palo
Alto’s public safety services – especially medical transport through the Fire Department as
opposed to through the County’s ambulance contract – does not lend itself to easily
consolidating public safety line level staff.
The ad hoc also learned about alternative response programs like Eugene, Oregon’s CAHOOTS
and Denver, Colorado’s STAR response team programs. Each of those programs provide non-
police resources, such as social workers, to be dispatched to certain non-violent calls-for-
service. These programs offer an additional resource that may be able to better address the
underlying cause of some calls-for-service.
In addition, staff continues to pursue participating in the Psychiatric Emergency Response Team
(PERT) program through the County of Santa Clara which would pair a licensed mental health
clinician with a law enforcement officer to provide expert mental health assistance on some
City of Palo Alto Page 4
calls-for-service. Recent staff participation includes engaging in the County’s hiring process and
interviewing clinician candidates.
These findings and recommendations have been incorporated into the discussion of Policing
Practice Area #2 and thus the work of the Alternative Models Ad Hoc committee has been
completed.
Work in 2021 to Continue Progress:
When the City Council voted in June 2020 to establish ad hoc committees to further explore
different aspects of the City’s race and equity work, the Council stated that the ad hoc
committees would be temporary. As the ad hoc work progresses, the question has emerged of
how the work will continue beyond the actions taken in the coming months of 2020. Some
ideas offered have been the following:
Assignment of the Citywide Practices work to the standing City Council Policy and Services
Committee. This recommendation came from the Citywide Diversity and Inclusion Ad Hoc
committee in recognition that the Citywide Diversity and Inclusion work is ongoing and will be
incorporated into citywide functions and operations going beyond just this year. The Diversity
and Inclusion Ad Hoc committee has been working on a timeline which could be used as a
starting place for the City Council Policy and Services Committee to continue to work on in
2021. The City Council could also consider having the Policy and Services Committee also work
on the Policing Practices.
Alternative ideas include assignment of the Policing Practices to a blue-ribbon commission on
policing, a City Council Committee of the Whole, or a City Council public safety committee. If
the City Council pursued a blue-ribbon commission on policing, the City Council would need to
determine the specific composition and structure of such a group.
To prepare for the November race and equity update which will be an action item, staff will
need to get feedback on options of interest to the City Council on these items. Staff will bring
back supporting information to the November race and equity check in.
Additional Race & Equity Work
In addition to the ongoing work within each of the ad hoc committees, there has been progress
on other City Council race and equity priorities. The following are updates since the September
28 staff update:
• The Human Relations Commission (HRC) is working on crafting the Black and Brown
history and current community in Palo Alto report with the expectation that it will come
to the City Council in January. In the meantime, the HRC will discuss a draft report at
their November 12 HRC meeting.
• The HRC also approved mediators for the Palo Alto mediation program. In their
selection process, they ensured that that program had diversity in its mediator ranks
and that mediators were very aware of issues of inclusion, implicit/explicit bias in the
City of Palo Alto Page 5
work that they do with the community.
• The Public Art Commission continues to evaluate opportunities to incorporate more
diversity into their work for the year, including exploring permanent race, equity and
inclusion focused public art as part of their annual workplan.
• The City Council discussed 8 Can’t Wait, and the Palo Alto Police Department revisions
to use of force policy changes. A staff report is set for Council consideration at their
November 2, 2020 meeting.
• The Policy and Services Committee discussed the Convention on the Elimination of All
Forms of Discrimination against Women (CEDAW) at their October 13, 2020 meeting
(CMR #11568) and scheduled a follow up discussion at their November 10, 2020
meeting.
Stakeholder Engagement
Engaging the community at large to provide feedback for the City’s Race and Equity strategy
has been a priority throughout this process as shown in the Framework. The City continues to
engage the community through a series of Race and Equity conversations. Updates on the City’s
efforts can be found on the Race and Equity webpage on the City website
(www.cityofpaloalto.org/raceandequity).
Resource Impact
There is no fiscal impact to report at this time. Significant staffing resources have been
dedicated to this work and future resource impacts are dependent on the actions and direction
approved by the City Council.
Environmental Impact
This is not a project under Section 21065 for purposes of the California Environmental Quality
Act (CEQA).
Attachments:
• Attachment A: Draft for Discussion-Template for Policing Practices
October 26, 2020 www.cityofpaloalto.org/raceandequity
AD HOC COMMITTEES
DRAFT FOR DISCUSSION
Attachment A: Draft for Discussion-Template for Policing Practices
•
CITY OF
PALO ALTO
www.cityofpaloalto.org/raceandequity
The framework (shown on next slide as a refresher) is linked to 8 practice areas (shown on
slide 4). The practice areas will each be broken down according to the following template:
-Background
-Current Practices
-Areas of Concern
-City Council Options to Consider
This draft document provides a draft of the last two bullet points (in bold) for each of the
policing practices areas as a report out of the Policy/Data/Hiring Ad Hoc and the
Transparency and Accountability Ad Hoc discussions.
DRAFT TEMPLATE FOR PRACTICE AREAS
DRAFT FOR DISCUSSION
Attachment A: Draft for Discussion-Template for Policing Practices
•
CITY OF
PALO ALTO
www.cityofpaloalto.org/raceandequity
Framework:
Sequence of
work ahead
REFRESHER: RACE & EQUITY FRAMEWORK
Community Engagement & Learning
-HRC 8cantwait and
report out
-Gain community input
-Seek to understand
people’s experiences
with PAPD
-Community learning
sessions
Data Collection
-Learn workflow
-Review Policy Manual
-Review data: uses of
force & calls for service
-Request & review any
other data
Review legislation
Gaps Identification
-Identify processes &
policies where current
practice could be
improved
-Identify areas desired
for changes
-Community feedback
Policy Direction
-Based on gaps and
Ad Hoc suggestions,
Council to provide
policy direction on
improvement areas
-Staff to recommend
most effective
implementation tools
TODAY
DRAFT FOR DISCUSSION
Attachment A: Draft for Discussion-Template for Policing Practices t PALO ALTO
www.cityofpaloalto.org/raceandequity
Policing Practices and Citywide Practices (Lead Department)
•Policing Practices
1.Public contact data collection and trend analysis (PD)
2.Officer deployment priorities and practices for non-violent calls (PD)
3.Officer conduct investigations and transparency (PD/CAO)
4.Discipline and accountability (PD)
•Citywide Practices:
1.Hiring and promotions, including board/commission appointments (CM/HR)
2.Board/commission engagement with race and equity issues (Council)
3.Continuous learning and improvement (CM/HR)
4.Norms and expectations of conduct (CM)
REFRESHER: RACE & EQUITY PRACTICE AREAS
Timeline:
Initial
Direction
by End of 2020
Timeline:
Extends into
2021
DRAFT FOR DISCUSSION
Attachment A: Draft for Discussion-Template for Policing Practices
•
CITY OF
PALO ALTO
www.cityofpaloalto.org/raceandequity
Policing Practices and Citywide Practices:
Policing Practice #1: Public contact data collection and trend analysis
Potential Areas of Concern to Address:
•Department-focused activities & priorities: Where is Patrol time spent on what kind of activities?
•Do officer contacts disproportionately affect people of color? Does increased contact lead to
additional use of force?
City Council Options to Consider:
•Providing policy direction on the prioritization of types of enforcement activity
•Resourcing to ensure data is available and accurate (staff and software)
•Ensuring personally identifiable info-redacted contact data is available on the Open Data Portal
•Accelerating collection of contact demographics and pursuing statistical/research studies with
some regular frequency reporting of the data
DRAFT TEMPLATE FOR POLICING AREAS
DRAFT FOR DISCUSSION
Attachment A: Draft for Discussion-Template for Policing Practices
•
CITY OF
PALO ALTO
www.cityofpaloalto.org/raceandequity
Policing Practices and Citywide Practices:
Policing Practice #2: Officer deployment priorities and practices for non-violent calls (PD)
Potential Areas of Concern to Address:
•Alternative options for responding to mental health, social issues,and low-level crimes:
•How do we respond to welfare checks and nuisance calls?
•How do we align our response to calls for service with the nature of the call itself; how are
those response options funded?
•Other community and regional resources or collaborations?
•Dispatch
•Can/does the script create angst/tension/escalation for officer response?
•Are there additional tools we can offer related to dispatch?
•Education about the dispatch script and the internal audit process
DRAFT FOR DISCUSSION
DRAFT TEMPLATE FOR POLICING AREAS
Attachment A: Draft for Discussion-Template for Policing Practices
•
CITY OF
PALO ALTO
www.cityofpaloalto.org/raceandequity
Policing Practices and Citywide Practices:
Policing Practice #2: Officer deployment priorities and practices for non-violent calls (PD)
City Council Options to Consider:
•Role for dispatch -Additional training for dispatchers
•Shift in resources such as medical type resource
•Pursuing a PERT/CAHOOTS model (with these programs or a regional partnership)which could
assist with mental health cases that PD would normally respond to
•Increased role for CSOs especially for non-violent calls, especially welfare checks and taking
reports
DRAFT FOR DISCUSSION
DRAFT TEMPLATE FOR POLICING AREAS
Attachment A: Draft for Discussion-Template for Policing Practices
•
CITY OF
PALO ALTO
www.cityofpaloalto.org/raceandequity
Policing Practices and Citywide Practices
Policing Practice #3:Officer conduct investigations and transparency
Potential Areas of Concern to Address:
•Current use of force reporting and IPA review are limited to complaints and taser use
•What other options for transparency might there be? And when does the public get recordings
and other case information?
City Council Options to Consider:
•Support expanded role for District Attorney or Attorney General in case review
•Develop policy on timing and circumstances of records release (e.g., upon conclusion of
administrative interview, materials can be released)
•Expanded IPA reporting to be on all use of force cases involving great bodily injury
DRAFT FOR DISCUSSION
DRAFT TEMPLATE FOR POLICING AREAS
Attachment A: Draft for Discussion-Template for Policing Practices
•
CITY OF
PALO ALTO
www.cityofpaloalto.org/raceandequity
Policing Practices and Citywide Practices
Policing Practice #4: Discipline and accountability (PD)
Potential Areas of Concern to Address:
•Public disclosure of allegations & sustained findings
•Informal Investigation Reports –internal
•Number of IPA/OIR presentations per year
•External webpage
•Considerations of what is made public
•2022 PAPOA Negotiations –areas of interest?
DRAFT FOR DISCUSSION
DRAFT TEMPLATE FOR POLICING AREAS
Attachment A: Draft for Discussion-Template for Policing Practices
•
CITY OF
PALO ALTO
www.cityofpaloalto.org/raceandequity
Policing Practices and Citywide Practices
Policing Practice #4: Discipline and accountability (PD)
City Council Options to Consider:
•Holistic and comprehensive annual report on Revised Use of Force Investigation which includes
de-escalation
•Annual review and report out of policy manual changes to City Council
•Ensure Policy Manual posted online remains current on annual basis
•Annual report to package existing reports related to discipline together
•Advocate at state level for changes to POST, POBOR, and other (Decertification of individual
officers)
DRAFT FOR DISCUSSION
DRAFT TEMPLATE FOR POLICING AREAS
Attachment A: Draft for Discussion-Template for Policing Practices
•
CITY OF
PALO ALTO
City of Palo Alto (ID # 11134)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 10/26/2020
City of Palo Alto Page 1
Summary Title: Second Reading: ADU Ordinance
Title: SECOND READING: Adoption of Several Ordinances Regarding
Accessory Dwelling Units and Junior Accessory Dwelling Units Amending Palo
Alto Municipal Code Titles 16 (Building) and 18 (Zoning); Amendments
Include Repealing Section 18.42.040 (Accessory and Junior Accessory
Dwelling Units) and Adding a new Chapter 18.09 (Accessory Dwelling Units
and Junior Accessory Dwelling Units); and Updating Chapters 18.04
(Definitions), 16.58 (Development Impact Fees), 16.04 (California Building
Code), 16.06 (California Residential Code), and 16.14 (California Green
Building Standards Code) (FIRST READING: October 5, 2020 PASSED: 7-0)
From: City Manager
Lead Department: Planning and Development Services
This was heard by the City Council on October 5, 2020 where it passed 7-0. No
changes were made to the Ordinance presented to the Council. It is now before
you for the second reading.
Attachments:
Attachment A: ADU Ordinance
Attachment B: ADU 2nd Ordinance
Attachment C: ADU 3rd Ordinance
Attachment D: ADU Update to PAMC 16.04
*NOT YET APPROVED*
1
0160028_20200922_ay_16
Ordinance No.__
Ordinance of the Council of the City of Palo Alto Amending Title 18 (Zoning) of the Palo Alto
Municipal Code to Amend Requirements Relating to Accessory Dwelling Units and Junior
Accessory Dwelling Units
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. Housing in California is increasingly unaffordable. In 2017, the average California home
cost about 2.5 times the national average home price and the monthly rent was 50%
higher than the rest of the nation. Rents in San Francisco, San Jose, Oakland, and Los
Angeles are among the top 10 most unaffordable in the nation.
B. Housing in Palo Alto is especially unaffordable. The average Palo Alto home currently costs
about 8 times the national average home price and the monthly rent is about 2.5 times the
national average.
C. Palo Alto has a jobs/housing imbalance. When addressing this imbalance, the City must
not only provide housing but also ensure affordability.
D. Assembly Bills (“ABs”) 68, 587, 671, and 881 and Senate Bill (“SB”) 13 (“State ADU Law”)
pertain to accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”)
and were approved by the California Legislature on September 13, 2019 and signed by the
Governor on October 9, 2019. These bills, codified primarily in California Government Code
sections 65952.2 and 65952.22, are intended to spur the creation of lower cost housing by
easing regulatory barriers to the creation of ADUs and JADUs.
E. This ordinance is adopted to comply with the mandates of the State ADU Law.
SECTION 2. Section 18.42.040 (Accessory and Junior Accessory Dwelling Units) of Chapter 18.42
(Standards for Special Uses) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is deleted in
its entirety.
SECTION 3. Chapter 18.09 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Title 18
(Zoning) of the Palo Alto Municipal Code (“PAMC”) is added to read:
18.09.010 Purpose
The intent of this Chapter is to provide regulations to accommodate accessory and junior
accessory dwelling units (ADU/JADU), in order to provide for variety to the city's housing stock
and additional affordable housing opportunities. These units shall be separate, self-contained
living units, with separate entrances from the main residence, whether attached or detached.
The standards below are provided to minimize the impacts of units on nearby residents and
throughout the city, and to assure that the size and location of such dwellings is compatible
with the existing or proposed residence(s) on the site and with other structures in the area.
*NOT YET APPROVED*
2
0160028_20200922_ay_16
18.09.020 Applicable Zoning Districts
The establishment of an accessory dwelling unit is permitted in zoning districts when single-
family or multi-family residential is a permitted land use.
18.09.030 Units Exempt from Generally Applicable Local Regulations
(a) Government Code section 65852.2, subdivision (e) provides that certain units shall be
approved notwithstanding state or local regulations that may otherwise apply. The following
types of units shall be governed by the standards in this section. In the event of a conflict
between this section and Government Code section 65852.2, subdivision (e), the
Government Code shall prevail.
i. An ADU or JADU within the existing space of a single-family dwelling or an ADU
within the existing space of an accessory structure (i.e. conversion without
substantial addition).
ii. An ADU or JADU within the proposed space of a single-family dwelling.
iii. A detached, new construction ADU on a lot with a proposed or existing single-family
dwelling, provided the ADU does not exceed 800 square feet, sixteen feet in height,
or four-foot side and rear (i.e. interior) setbacks.
iv. ADUs created by conversion of portions of existing multi-family dwellings not used
as livable space.
v. Up to two detached ADUs on a lot with an existing multi-family dwelling.
(b) The Development Standards for units governed by this section are summarized in Table 1.
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Table 1: Development Standards for Units Described in Government Code Section 65852.2(e)
Single-Family Multi-Family
Conversion of
Space Within
an Existing
Single-Family
Home or
Accessory
Structure
Construction
of Attached
ADU Within
the Space of a
Proposed
Single-Family
Home
New
Construction
of Detached
ADU
Conversion of
Non-Habitable
Space Within
Existing Multi-
family
Dwelling
Structure
Conversion or
Construction
of Detached
ADU
Number of
Units Allowed 1 ADU and 1 JADU
25% of the
existing units
(at least one)
2
Minimum size1 150 sf
Maximum size1 N/A2 800 sf N/A
Setbacks
N/A, if
condition is
sufficient for
fire and safety
Underlying
zone standard
for Single
Family Home
(ADU must be
within space
of Single-
Family Home)
4 feet from
side and rear
lot lines;
underlying
zoning for
front setback
N/A
4 feet from
side and rear
lot lines;
underlying
zoning for
front setback
Daylight Plane N/A N/A
Maximum
Height N/A 163 N/A 164
Parking None
State Law
Reference 65852.2(e)(1)(A) 65852.2(e)(1)(A) 65852.2(e)(1)(B) 65852.2(e)(1)(C) 65852.2(e)(1)(D)
(1) Lofts where the height from the floor level to the underside of the rafter or finished roof surface is 5' or
greater shall count towards the unit’s floor area.
(2) Up to 150 sf may be added for the purpose of ingress and egress only.
(3) Units built in a flood zone are not entitled to any height extensions granted to the primary dwelling.
(c) Development standards stated elsewhere in this Section or Title 18, including standards
related to FAR, lot coverage, and privacy, are not applicable to ADUs or JADUs that qualify
for approval under this section.
(d) The establishment of accessory dwelling units and junior accessory dwelling units pursuant
to this section shall not be conditioned on the correction of non-conforming zoning
conditions; provided, however, that nothing in this section shall limit the authority of the
Chief Building Official to require correction of building standards relating to health and
safety.
(e) The installation of fire sprinklers shall not be required in an accessory dwelling unit if
sprinklers are not required for the primary residence. Nothing in this section shall preclude
the Fire Marshal from accepting fire sprinklers as an alternative means of compliance with
generally applicable fire protection requirements.
(f) Rental of any unit created pursuant to this section shall be for a term of 30 days or more.
(g) Attached units shall have independent exterior access from a proposed or existing single-
family dwelling. Except for JADUs, attached units shall not have an interior access point to
the primary dwelling (e.g. hotel door or other similar feature/appurtenance).
(h) Conversion of an existing accessory structure pursuant to Government Code section
65852.2(e)(1)(A) may include reconstruction in-place of a non-conforming structure, so long
*NOT YET APPROVED*
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0160028_20200922_ay_16
as the renovation of reconstruction does not increase the degree of non-compliance, such
as increased height, envelope, or further intrusion into required setbacks.
(i) Street addresses shall be assigned to all units prior to building permit final to assist in
emergency response.
(j) The unit shall not be sold separately from the primary residence.
(k) Replacement parking is not required when a garage, carport, or covered parking structure is
converted to, or demolished in conjunction with the construction of, an ADU.
(l) JADUs shall comply with the requirements of Section 18.09.050.
18.09.040 Units Subject to Local Standards
(a) This section shall govern applications for ADUs and JADUs that do not qualify for approval
under section 18.09.030 and for which the City may impose local standards pursuant to
Government Code section 65852.2, subdivisions (a) through (d).
(b) The Development Standards for units governed by this section are provided in Table 2.
Table 2: All other Units
Attached Detached JADU
Number of Units
Allowed1 1 1
Minimum size 150 sf
Maximum size
900 sf (1,000 sf for two
or more bedrooms);
no more than 50% of the
size of the single-family
home
900 sf (1,000 sf for
two or more
bedrooms)
500 sf
Setbacks 4 feet from side and rear lot lines;
underlying zone standard for front setback
Daylight Plane
Initial Height 8 feet at lot line
Angle 45 degrees
Maximum Height3
Res. Estate (RE) 30 feet
Open Space (OS) 25 feet
All other eligible zones 16 feet
Parking None
Square Footage
Exemption Up to 800 sf(4) Up to 500 sf(4)
(1) An attached or detached ADU may be built in conjunction with a JADU on a lot with an existing or
proposed single family home
(2) Lofts where the height from the floor level to the underside of the rafter or finished roof surface is 5' or
greater shall count towards the unit’s floor area.
(3) Units built in a flood zone are not entitled to any height extensions granted to the primary dwelling.
(4) Lots with both an ADU and a JADU may exempt a maximum combined total of 800 square feet of the ADU
and JADU from FAR, Lot Coverage, and Maximum House Size calculations.
(c) A single-family dwelling shall exist on the lot or shall be constructed on the lot in conjunction
with the construction of an ADU/JADU.
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(d) ADU and/or JADU square footage shall not be included in FAR, Lot Coverage, and Maximum
House Size calculations for a lot with an existing or proposed single family home, up to the
amounts stated in Table 2. ADU and/or JADU square footage in excess of the exemptions
provided in Table 2 shall be included in FAR, Lot Coverage, and Maximum House Size
calculations for the lot.
(e) Attached units shall have independent exterior access from a proposed or existing single-
family dwelling. Except for JADUs, attached units shall not have an interior access point to
the primary dwelling (e.g. hotel door or other similar feature/appurtenance).
(f) No protected tree shall be removed for the purpose of establishing an accessory dwelling
unit unless the tree is dead, dangerous or constitutes a nuisance under Section 8.04.050.
Any protected tree removed pursuant to this subsection shall be replaced in accordance
with the standards in the Tree Technical Manual.
(g) For properties listed in the Palo Alto Historic Inventory, the California Register of Historical
Resources, the National Register of Historic Places, or considered a historic resource after
completion of a historic resource evaluation, compliance with the appropriate Secretary of
Interior’s Standards for the Treatment of Historic Properties shall be required.
(h) Noise-producing equipment such as air conditioners, water heaters, and similar service
equipment, shall be located outside of the setbacks for the ADU/JADU. All such equipment
shall be insulated and housed, except that the planning director may permit installation
without housing and insulation, provided that a combination of technical noise
specifications, location of equipment, and/or other screening or buffering will assure
compliance with the city’s Noise Ordinance at the nearest property line. All service
equipment must meet the city’s Noise Ordinance in Chapter 9.10 of the Municipal Code.
(i) Setbacks
i. Detached units shall maintain a minimum three-foot distance from the primary unit,
measured from the exterior walls of structures.
ii. No basement or other subterranean portion of an ADU/JADU shall encroach into a
setback required for the primary dwelling.
iii. Projections, including but not limited to windows, doors, mechanical equipment,
venting or exhaust systems, are not permitted to encroach into the required
setbacks, with the exception of a roof eave of up to 2 feet.
(j) Design
i. Except on corner lots, the unit shall not have an entranceway facing the same lot
line (property line) as the entranceway to the main dwelling unit unless the
entranceway to the accessory unit is located in the rear half of the lot. Exterior
staircases to second floor units shall be located toward the interior side or rear yard
of the property.
ii. Privacy
A. Second story doors and decks shall not face a neighboring dwelling unit.
Second story decks and balconies shall utilize screening barriers to prevent
views into adjacent properties. These barriers shall provide a minimum five-
foot, six-inch, screen wall from the floor level of the deck or balcony and
shall not include perforations that would allow visibility between properties.
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B. Second story windows, excluding those required for egress, shall have a
five-foot sill height as measured from the second-floor level, or utilize
obscured glazing on the entirety of the window when facing adjacent
properties. Second story egress windows shall utilize obscured glazing on
the entirety of the windows which face adjacent properties.
C. Second story windows shall be offset from neighbor’s windows to maximize
privacy.
(k) Parking
i. Replacement parking is not required when a garage, carport, or covered parking
structure is converted to, or demolished in conjunction with the construction of, an
ADU.
ii. Replacement parking is required when an existing attached garage is converted to a
JADU. These replacement spaces may be provided as uncovered spaces in any
configuration on the lot including within the front or street side yard setback for the
property.
A. The Director shall have the authority to modify required replacement
parking spaces by up to one foot in width and length upon finding that the
reduction is necessary to accommodate parking in a location otherwise
allowed under this code and is not detrimental to public health, safety or
the general welfare.
B. Existing front and street side yard driveways may be enlarged to the
minimum extent necessary to comply with the replacement parking
requirement above. Existing curb cuts shall not be altered except when
necessary to promote public health, safety or the general welfare.
iii. When parking is provided, the unit shall have street access from a driveway in
common with the main residence in order to prevent new curb cuts, excessive
paving, and elimination of street trees, unless separate driveway access will result in
fewer environmental impacts such as paving, grading or tree removal.
iv. If covered parking for a unit is provided in any district, the maximum size of the
covered parking area for the accessory dwelling unit is 220 square feet. This space
shall count towards the total floor area for the site but does not contribute to the
maximum size of the unit unless attached to the unit.
(l) Miscellaneous requirements
i. Street addresses shall be assigned to all units prior to building permit final to assist
in emergency response.
ii. The unit shall not be sold separately from the primary residence.
iii. Rental of any unit created pursuant to this section shall be for a term of 30 days or
more.
iv. The installation of fire sprinklers shall not be required in an accessory dwelling unit
if sprinklers are not required for the primary residence. Nothing in this section shall
preclude the Fire Marshal from accepting fire sprinklers as an alternative means of
compliance with generally applicable fire protection requirements.
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18.09.050 Additional Requirements for JADUs
(a) A junior accessory dwelling unit shall be created within the walls of an existing or proposed
primary dwelling.
(b) The junior accessory dwelling unit shall include an efficiency kitchen, requiring the following
components: A cooking facility with appliances, and; food preparation counter and storage
cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
i. A cooking facility with appliances shall mean, at minimum a one burner installed
range, an oven or convection microwave, a 10 cubic foot refrigerator and freezer
combination unit, and a sink that facilitates hot and cold water.
ii. A food preparation counter and storage cabinets shall be of reasonable size in relation
to a JADU if they provide counter space equal to a minimum 24-inch depth and 36-
inch length.
(c) For the purposes of any fire or life protection ordinance or regulation or for the purposes of
providing service for water, sewer, or power, a junior accessory dwelling unit shall not be
considered a separate or new unit.
(d) The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary
residence either the primary dwelling or the junior accessory dwelling. Owner-occupancy is
not required if the owner is a governmental agency, land trust, or housing organization.
(e) Prior to the issuance of a building permit for a junior accessory dwelling unit, the owner shall
record a deed restriction in a form approved by the city that includes a prohibition on the sale
of the junior accessory dwelling unit separate from the sale of the single-family residence,
requires owner-occupancy consistent with subsection (m)(iv) above, does not permit short-
term rentals, and restricts the size and attributes of the junior dwelling unit to those that
conform with this section.
SECTION 4. Subsection (g) of Section 16.58.030 of Chapter 16.58 (Development Impact Fees) of Title 16
(Building) of the Palo Alto Municipal Code (“PAMC”) is amended to read:
(f) Accessory dwelling units (ADU) less than 750 square feet in size. Any impact fees to be
charged for an accessory dwelling unit of 750 square feet or more shall be proportional to
the square footage of the primary dwelling unit established by the conversion of an existing
garage or carport, provided that the existing garage or carport was legally constructed, or
received building permits, as of January 1, 2017, and is converted to an ADU with no
expansion of the existing building envelope;
SECTION 5. Subsections (a)(4) and (a)(75) of Section 18.04.030 (Definitions) of Chapter 18.04
(Definitions) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read:
[. . .]
(4) “Accessory dwelling unit” means an attached or a detached residential dwelling unit which
provides complete independent living facilities for one or more persons. It shall include permanent
provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-
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family dwelling is situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
In some instances this Code uses the term second dwelling unit interchangeably with accessory
dwelling unit. For the purposes of this definition, in order to provide “complete independent living
facilities,” a dwelling unit shall not have an interior access point to another dwelling unit (e.g. hotel
door or other similar feature/appurtenance).
[. . .]
(75) “Kitchen” means a room designed, intended or used for cooking and the preparation of food
and dishwashing. Kitchen facilities include the presence of major appliances, utility connections,
sink, counter, for storing, preparing, cooking, and cleaning.
(A) For ADUs, major appliances shall mean a minimum two burner installed range, and
an oven or convection microwave, as well as a minimum 16 cubic foot freezer and
refrigerator combination unit. Kitchens shall also include counter space for food
preparation equal to a minimum 24-inch depth and 36-inch length, and a sink that
facilitates hot and cold water.
[. . .]
SECTION 6. Any provision of the Palo Alto Municipal Code or appendices thereto inconsistent with the
provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or
modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City Council
hereby declares that it would have passed this Ordinance and each and every section, subsection,
sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any
portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 8. The Council finds that the adoption of this Ordinance is exempt from the provisions of the
California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and
CEQA Guidelines sections 15061(b)(3), 15301, 15302 and 15305 because it constitutes minor
adjustments to the City’s zoning ordinance to implement State law requirements related to accessory
dwelling units as established in Government Code Section 65852.2, and these changes are also likely to
result in few additional dwelling units dispersed throughout the City. As such, it can be seen with
certainty that the proposed action will not have the potential for causing a significant effect on the
environment.
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SECTION 9. This ordinance shall be effective on the thirty-first date after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
NOT PARTICIPATING:
ATTEST:
__________________________________ __________________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________________ ___________________________________
Assistant City Attorney City Manager
__________________________________
Director of Planning & Development
Services
1
2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
NOT YET ADOPTED
Ordinance No.
Ordinance of the Council of the City of Palo Alto Repealing
Chapter 16.06 of the Palo Alto Municipal Code and Amending Title
16 to Adopt a New Chapter 16.06, California Residential Code,
2019 Edition, and Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.06 of Palo Alto Municipal Code is hereby amended by repealing the
Chapter in its entirety and adopting a new Chapter 16.06 to read as follows:
16.06.010 2019 California Residential Code adopted.
The California Residential Code, 2019 Edition, Title 24, Part 2.5 of the California Code of Regulations,
together with those omissions, amendments, exceptions and additions thereto, is adopted and
hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set
forth herein.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and
regulations to the chapters and sections of the former California Code of Regulations, Title 24, 2016,
shall be construed to apply to the corresponding provisions contained within the California Code of
Regulations, Title 24, 2019. Ordinance No. 5479 of the City of Palo Alto and all other ordinances or
parts of ordinances in conflict herewith are hereby suspended and expressly repealed.
Wherever the phrases "California Residential Code" or "Residential Code" are used in this code
or any ordinance of the city, such phrases shall be deemed and construed to refer and apply to
the California Residential Code, 2019 Edition, Title 24, Part 2.5 of the California Code of
Regulations, as adopted by this Chapter.
One copy of the California Residential Code, 2019 Edition, has been filed for use and examination of
the public in the Office of the Building Official of the City of Palo Alto.
16.06.020 2019 California Residential Code Appendix Chapters adopted.
The following Appendix Chapters of the California Residential Code, 2019 Edition, are adopted and
hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set
forth herein:
A. Appendix H – Patio Covers
B. Appendix J – Existing Building and Structures
C. Appendix K – Sound Transmission
D. Appendix V – Swimming Pool Safety Act
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2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
16.06.030 Cross - References to California Residential Code.
The provisions of this Chapter contain cross-references to the provisions of the California
Residential Code, 2019 Edition, in order to facilitate reference and comparison to those provisions.
16.06.40 Section 1.11.2.1.1 Duties and powers of the enforcing agency/Enforcement is
amended with the following language:
Section 1.11.2.1.1 Duties and powers of the enforcing agency/Enforcement
The responsibility for enforcement of building standards adopted by the State Fire
Marshal and published in the California Building Standards Code relating to fire and panic
safety and other regulations of the State Fire Marshal shall, except as provided in Section
1.11.2.1.2, be as follows:
1. The city, county or city and county with jurisdiction in the area affected by the
standard or regulation shall delegate the enforcement of the building standards
relating to fire and panic safety and other regulations of the State Fire Marshal as they
relate to Group R-3 occupancies, as described in Section 310.1 of Part 2 of the
California Building Standards Code, to both enforcement divisions specific to their
areas of enforcement disciplines:
1.1 The chief of the fire authority of the city, county or city and county, or an
authorized representative and;
1.2. The chief building official of the city, county or city and county, or an
authorized representative.
16.06.050 Violations -- Penalties.
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this Chapter or any permits, conditions, or variances granted under this Chapter.
Violators shall be subject to any penalty or penalties authorized by law, including but not limited
to: administrative enforcement pursuant to Chapters 1.12 and 1.16 of the Palo Alto Municipal
Code; and criminal enforcement pursuant to Chapter 1.08 of the Palo Alto Municipal Code. Each
separate day or any portion thereof during which any violation of this Chapter occurs or
continues shall be deemed to constitute a separate offense.
When the chief building official determines that a violation of this Chapter has occurred, the
chief building official may record a notice of pendency of code violation with the Office of the
County Recorder stating the address and owner of the property involved. When the violation has
been corrected, the chief building official shall issue and record a release of the notice of
pendency of code violation.
16.06.060 Enforcement -- Criminal Enforcement Authority.
The employee positions designated in this section are authorized to exercise the authority
provided in California Penal Code section 836.5 for violations of this Chapter. The designated
employee positions are: (1) chief building official, (2) assistant chief building official, (3) building
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2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
inspection manager, and (4) code enforcement officer.
16.06.070 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions
of the California Residential Code, 2019 Edition, and shall be deemed to replace the cross-
referenced sections of said Code with the respective provisions set forth in this Chapter.
16.06.080 Section R101.1 Title is amended to read:
R101.1 Title These provisions shall be known as the Residential Code for One- and Two-
family Dwellings of City of Palo Alto, and shall be cited as such and will be referred to
herein as “this code.”
16.06.090 Section R105.1.1 Demolition permits is added to read:
R105.1.1 Demolition permits. In addition to other requirements of law, every person
seeking a permit to demolish a unit used for residential rental purposes shall furnish an
affidavit or declaration under penalty of perjury that the unit proposed to be
demolished is vacant, or that notice to vacate has been given to each tenant lawfully in
possession thereof as required by law or by the terms of such tenancy. No work or
demolition shall begin upon any portion of such a unit until each and every portion has
been vacated by all tenants lawfully in possession thereof.
16.04.100 Section R105.5 Expiration is amended to read:
R105.5 Expiration. Every permit issued shall become invalid unless the work on
the site authorized by such permit is commenced within 12 months after its
issuance, or if the work authorized on the site by such permit is suspended or
abandoned for a period of 12 months after the time the work is commenced. The
chief building official is authorized to grant, in writing, one or more extensions of
time, for periods not more than 180 days each and may require:
1) that the construction documents be revised to partially or fully
comply with current codes, and
2) payment of a fee.
Extensions shall be requested in writing and justifiable cause demonstrated. For
the purpose of this section, failure to progress a project to the next level of
required inspection shall be deemed to be suspension of the work.
16.06.110 Section R108.5 Refunds is amended to read:
R108.5 Refunds. The building official or permit center manager may authorize the
refund of any fee paid hereunder which was erroneously paid or collected. The building
official or permit center manager may authorize the refund of not more than eighty
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2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
percent (80%) of the permit fee paid when no work has occurred under a permit issued
pursuant to this Chapter. The building official or permit center manager may authorize
the refund of not more than eighty percent (80%) of the Plan Review Fee paid when a
permit application is withdrawn or canceled before any plan review work has started.
16.06.120 Section R109.1.3 Floodplain inspections is amended to read:
R109.1.3 Floodplain inspections. In flood hazard areas, upon placement of the lowest
floor, including the basement, and prior to further vertical construction, the elevation
certification shall be submitted to City Public Works Engineering for inspection approval
prior to foundation inspection by city building inspection.
16.06.130 Section R109.5 Re-inspection fees assessed/authorized is added to read:
R109.5 Re-inspection fees. A Re-Inspection Fee may be assessed/authorized by the
building official or building inspection supervisor for each re-inspection required when
work for which an inspection is requested is not ready for inspection or when required
corrections noted during prior inspections have not been completed. A “Re-Inspection
Fee” may be assessed/authorized when:
1. The inspection record card is not posted or otherwise available on the work site; or
2. The approved plans are not readily available for the inspector at the time of
inspection; or
3. The inspector is unable to access the work at the time of inspection; or
4. When work has substantially deviated from the approved plans without the prior
approval of the building official.
5. When a Re-Inspection Fee is assessed, additional inspection of the work will not be
performed until the fee has been paid.
16.06.140 Section R110.1 Use and occupancy is amended to read:
R110.1 Use and occupancy. A building or structure shall not be used or occupied, and a
change of occupancy or change of use of a building or structure or portion thereof shall
not be made, until the building official has issued a certificate of occupancy therefor as
provided herein. Issuance of a certificate of occupancy shall not be construed as an
approval of a violation of the provisions of this code or of other ordinances of the
jurisdiction. Certificates presuming to give authority to violate or cancel the provisions
of this code or other ordinances of the jurisdiction shall not be valid.
Exceptions: Certificates of occupancy are not required for:
1. Work exempt from permits under Section 105.2
2. Accessory buildings or structures
3. Group R - Division 3 occupancies
4. Group U occupancies
16.06.150 Section R202 amended – Definitions added.
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2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
Section R202 of the California Residential Code is amended to include the following definition:
WILDLAND-URBAN INTERFACE FIRE AREA is a geographical area identified by the
State of California as a “Fire Hazard Severity Zone” in accordance with Public
Resources Code Sections 4201 through 4202 and Government Code Sections
51175 through 51189, or other areas designated by the enforcing agency to be at
a significant risk from wildfires. Within the city limits of the City of Palo Alto,
“Wildland-Urban Fire Interface Area” shall also include all areas west of Interstate
280, and all other areas recommended as a “Very High Fire Hazard Severity Zone”
by the Director of the California Department of Forestry.
16.06.160 Table 301.2(1) Climatic and Geographic Design Criteria: Section Table 301.2(1)
of the California Residential Code is added to read:
TABLE R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
SNOW LOAD
WIND DESIGN SEISMIC
DESIGN
CATEGORY
SUBJECT TO DAMAGE FROM
Speed
(mph)
Topographic
effects
Weathering Frost
line
depth
Termite
0 110 No D0 thru E Negligible 5” Very High
WINTER
DESIGN
TEMP.
(OF)
ICE BARRIER
UNDERLAYEMENT
REQUIRED
FLOOD
HAZARDS
AIR
FREEZING
INDEX
MEAN
ANNUAL
TEMP.
(OF)
40 No See
Footnotes
p thru r
0 55
p The City of Palo Alto entered National Flood Insurance Program in 1979.
q The effective date of the current Flood Insurance Study and Flood Insurance Rate Map is May 18, 2009.
r The panel numbers and dates of all currently effective FIRMs and FBFMs: 06085CIND0A, 06085C0010H,
06085C0015H through 06085C0019H, 06085C0030H, 06085C0036H , 06085C0038H , 06085C0180H ,
06085C0185H ( May 18, 2009 for all)
16.06.165 Section R310 Emergency escape and rescue openings: Section R310 of the
California Residential Code is amended to read:
R310.1 Emergency escape and rescue opening required. Basements, habitable attics
and every sleeping room shall have not less than one operable emergency escape and
rescue opening. Where basements contain one or more sleeping rooms, an emergency
escape and rescue opening shall be required in each sleeping room. Emergency escape
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2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
and rescue openings shall open directly into a public way, or to a yard or court that
opens to a public way.
Exceptions:
1. Storm shelters and basements used only to house mechanical equipment
not exceeding a total floor area of 200 square feet ( 18.58 m2)
16.06.170 Section R310.2.3.3 Window well fall protection: Section R310.2.3.3 of the
California Residential Code is added to read:
R310.2.3.3 Window well fall protection. Window wells with a vertical depth greater
than 30 inches shall have guards on all sides. The guards shall be provided in accordance
with Section R312.1. Openings shall comply with Section R312.1.3. Access ladder shall
comply with Section R310.2.3.1 and shall extend from the bottom of the well to the top
of the guard.
16.06.180 Section R310.4.1 Security bars: Section R310.4.1 of the California Residential
Code is added to read:
R310.4.1 Security bars. Fire Department plan check review and approval of all security
bar submittals shall be required prior to the issuance of a Building Permit.
16.06.190 Section R313.2 One- and two-family dwellings automatic fire sprinkler
systems. Section R313.2 of the California Residential Code is amended to read:
R313.2 One- and two-family dwellings automatic fire sprinkler systems. Approved
automatic sprinkler systems in new buildings and structures and in existing
modified buildings and structures, shall be provided in the locations described in
this section. Automatic fire sprinklers shall be installed per the requirements set
forth in Sections 903.2.1 through 903.2.18 of the California Building Code and as
follows, whichever is the more restrictive:
1. An automatic sprinkler system shall be provided throughout all new
buildings and structures.
Exception: New residential occupancies, buildings or structures
that do not exceed 350 square feet of building area.
2. An automatic sprinkler system shall be provided for all existing buildings
or structures where modifications have been determined by the Building
Official to trigger requirements for seismic retrofit.
3. An automatic sprinkler system shall be provided throughout all existing
buildings when modifications are made that create an increase in fire area
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2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
to more than 3600 square feet or when the addition is equal or greater
than 50% of the existing building square footage whichever is more
restrictive.
4. An automatic sprinkler system shall be provided throughout all new
basements regardless of size and throughout existing basements that are
expanded by more than 50% or is conditioned for use. If the addition is
only the basement, then only the basement is required to be fire sprinkler
protection.
5. An automatic sprinkler system shall be installed throughout when either
the roof structure and/or exterior wall structure have been removed
and/or replaced by at least 50% of the existing structure.
6. An automatic sprinkler system shall be installed throughout when any
change in use or occupancy creating a more hazardous fire/life safety
condition, as determined by the Fire Chief.
16.04.193 Section R313.1.1 – Design and installation.
Section R313.1.1 of the California Residential Code is amended to read as follows:
R313.1.1 Design and installation. Where allowed, automatic sprinkler systems
installed in townhouses shall be installed throughout in accordance with NFPA
13D and State and local standards.
16.04.195 Section R313.2.1 – Design and installation.
Section R313.2.1 of the California Residential Code is amended to read as follows:
R313.2.1 Design and installation. R313.2.1 Design and installation. Where
allowed, automatic sprinkler systems installed in one-and two-family detached
dwellings shall be installed throughout in accordance with NFPA 13D and Stat
and local standards.
16.06.200 Section R314.1– Smoke detection and notification.
Section R314.1 of the California Residential Code is amended to read:
R314.1 Smoke detection and notification. Listed single- and multiple-station
smoke alarms complying with UL 217 shall be installed in accordance with the
California Fire Code Sections 907.2.11.1 through 907.2.11.5 and manufacturer’s
installation and use instructions.
Smoke alarms and smoke detectors shall be in compliance with this code or
subject to the provisions of the Health and Safety Code, they shall also be listed
and approved for rapid response to smoldering synthetic materials. All smoke
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2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
alarms or detectors shall be of the photoelectric type or shall have equivalent
detection capabilities in compliance with UL 217.
Exception: A combination photoelectric/ionization smoke alarm or
detector may be used if located no closer than 20 feet to a kitchen,
bathroom, fireplace or woodburning stove.
16.06.205 Section R319.1 Address numbers.
The following subsections are added to Section R319.1 of the California Residential Code:
R319.1.1 Address illumination. Address identification required by Section R319.1
shall be illuminated.
R319.1.2 Address identification size. Address numbers and letters shall be sized
as follows:
1. When the structure is between thirty-six (36) and fifty (50) feet from the
road or other emergency means of access, a minimum of one-half inch
(0.5”) stroke by six inches (6”) high is required.
2. When the structure is fifty (50) or more feet from the road or other
emergency means of access, a minimum of one inch (1”) stroke by nine
inches (9”) high is required.
16.06.210 Section R322.1 – General.
The following paragraph is added to Section R322.1 of the California Residential Code:
Palo Alto Flood Hazard Regulations. Notwithstanding the provisions of this
section, all construction or development within a flood hazard area (areas
depicted as a Special Flood Hazard Area on Flood Insurance Rate Maps published
by the Federal Emergency Management Agency) shall comply with the City of Palo
Alto Flood Hazard Regulations (Palo Alto Municipal Code Chapter 16.52). Where
discrepancies exist between the requirements of this code and said regulations,
the provisions of said regulations shall apply.
16.06.220 Section R337.1.5 Vegetation management compliance. Section
R337.1.5 of the California Residential Code is amended to read:
R337.1.5 Vegetation management compliance. Prior to building permit final approval,
the property shall be in compliance with the vegetation management requirements
prescribed in California Fire Code section 4906, including California Public Resources
Code 4291 or California Government Code Section 51182. Acceptable methods of
compliance inspection and documentation shall be determined by the enforcing agency
and may include any of the following:
1. Local, state, or federal fire authority or designee authorized to enforce vegetation
management requirements.
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2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
2. Enforcing agency - City of Palo Alto Fire Inspection shall inspect the aforementioned
requirements and indicate compliance prior to building division final inspection sign-
off.
3. Third party inspection and certification authorized to enforce vegetation
management requirements.
4. Property owner certification authorized by the enforcing agency.
16.06.230 Section R403.1.3 Footing and stem wall reinforcing in Seismic Design
Categories D0, D1, and D2. Section R403.1.3 of the California Residential Code is amended to
read:
R403.1.3 Footing and stem wall reinforcing in Seismic Design Categories D0, D1, and D2.
Concrete footings located in Seismic Design Categories D0, D1 and D2, as established in
Table R301.2(1), shall have not fewer than three No. 4 horizontal bars. One No. 4
horizontal bar shall be installed within 12 inches (305 mm) of the top of the stem wall
and two No. 4 horizontal bars shall be located 3 to 4 inches (76 mm to 102 mm) from
the bottom of the footing.
R403.1.3.1 Concrete stem walls with concrete footings. In Seismic Design Categories
D0, D1 and D2 where a construction joint is created between a concrete footing and a
stem wall, not fewer than one No. 4 vertical bar shall be installed at not more than 4
feet (1219 mm) on center. The vertical bar shall have a standard hook and extend to the
bottom of the footing and shall have support and cover as specified in Section
R403.1.3.5.3 and extend not less than 14 inches (357 mm) into the stem wall. Standard
hooks shall comply with Section R608.5.4.5. Not fewer than one No. 4 horizontal bar
shall be installed within 12 inches (305 mm)of the top of the stem wall an two No. 4
horizontal bars shall be located 3 to 4 inhces (76 mm to 102 mm) from the bottom of
the footing.
R403.1.3.2 Masonry stem walls with concrete footings. In Seismic Design Categories D0,
D1 and D2 where a grouted masonry stem wall is supported on a concrete footing, not
fewer than one No. 4 vertical bar shall be installed at not more than 4 feet (1219 mm)
on center. The vertical bar shall have a standard hook and extend to the bottom of the
footing and have support and cover as specified in Section R403.1.3.5.3 and extend not
less than 14 inches (357 mm) into the stem wall. Standard hooks shall comply with
Section R608.5.4.5. Not fewer than one No. 4 horizontal bar shall be installed within 12
inches (305 mm) of the top of the wall and two No. 4 horizontal bars shall be located 3
to 4 inches (76 mm to 102 mm) from the bottom of the footing. Masonry stem walls
shall be solid grouted.
In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and
vertical reinforcing are not permitted.
16.06.240 Section R403.1.8 – Foundations on expansive soils.
Section R403.1.8 of the California Residential Code is amended to read:
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2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
R403.1.8 Foundations on expansive soils. Foundations and floor slabs for
buildings located on expansive soils shall be designed in accordance with Section
1808.6 or Table 1809.7 of the California Building Code.
Table 1809.7 of the California Building Code is added and amended to read:
TABLE 1809.7
Prescriptive Footings Supporting Walls of Light-Frame Constructionabcd
Number of
Floors
Supported
by the
Footing e
Thickness of
Foundation
Wall
(inches)
Width of
Footing
(inches)
Thickness of
Footing
(inches)
Depth of
Foundation
Below
Natural
Surface of
Ground or
Finish
Grade
(inches)
1&2 8 15 8 20
3 8 18 8 30
Group U
Occupancies
8 12 8 12
ADU
Conversionsf 8 12 8 12
a) The ground under the floor shall be permitted to be excavated to the
elevation of the top of the footing.
b) Interior stud-bearing walls shall be permitted to be supported by
isolated footings. The footing width and length shall be twice the width
shown in this table, and footings shall be spaced not more than 6 feet
on center.
c) See Section 1905 of California Building Code for additional
requirements for concrete footings of structures assigned to Seismic
Design Category C, D, E or F.
d) All foundations as required in the above Table shall be continuous and
have a minimum of three #4 bars of reinforcing steel, except for one
story, detached accessory buildings of Group U occupancy where two
bars are required.
e) Footings shall be permitted to support a roof in addition to the
stipulated number of floors. Footings supporting roof only shall be as
required for supporting one floor.
f) If the existing detached accessory building is being converted to an
Accessory Dwelling Unit (ADU) and the existing foundation is being utilized,
then a designer, architect or engineer shall provide a letter that the
existing foundation complies with the conditions above and is deemed
structurally sound.
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2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
16.06.245 Section R504.3.1 Projections exposed to weather.
Section R504.3.1 of the California Residential Code is added to read:
R504.3.1 Projections exposed to weather. Floor projections exposed to the weather and
sealed underneath, including but not limited to balconies, landings, decks, and stairs shall be
constructed of naturally durable wood, preservative-treated wood, corrosion-resistant (e.g.
galvanized) steel, or similar approved materials.
16.06.247 Section R602.10.4.5 Limits on methods GB and PCP. Section R602.10.4.5 of the
California Residential Code is added to read:
R602.10.4.5 Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and D2,
Method GB is not permitted for use as an intermittent braced wall panels, but gypsum
board is permitted to be installed when required by this Section to be placed on the
opposite side of the studs form other types of braced wall panel sheathing. In Seismic
Design Categories D0, D1, and D2, the use of Method PCP is limited to one-story single
family dwelling and accessory structures.
16.06.250 Table R602.10.3(3) – Bracing requirements based on seismic design category.
Footnote e to Table R602.10.3(3) is amended to read as follows:
g. In Seismic Design Categories D0, D1 and D2, Method GB is not permitted and PCP is limited
to one-story dwellings and accessory structures.
16.06.253 Section R703.8.5.1 Locations.
Section R703.8.5.1 of the California Residential Code is added to read:
R703.8.5.1 Locations. Flashing shall be installed at wall and roof intersections, gutters,
wherever there is a change in roof slope or direction, and around roof openings. Where
flashing is of metal, the metal shall be corrosion resistant with a thickness of not less than
0.019 inches (0.483 mm) (e.g. no. 26 galvanized sheet) and shall be primed and painted.
16.06.255 Section R806.6 Ventilation of weather-exposed enclosed assemblies.
Section R806.6 of the California Residential Code is added to read:
R806.6 Ventilation of weather-exposed enclosed assemblies. Exterior projecting elements
and appurtenances exposed to the weather and sealed underneath, including but not
limited to balconies, landings, decks, and stairs, shall have cross ventilation for each
separate enclosed space by ventilation openings protected against the entrance of rain and
snow. Blocking and bridging shall be arranged so as not to interfere with the movement of
air. The net free ventilating area shall not be less than 1/150th of the area of the space
ventilated. Ventilation openings shall comply with Section R806.1 . An access panel of
sufficient size shall be provided on the underside of the enclosed space to allow for
periodic inspection.
Exceptions:
1. An access panel is not required where the exterior coverings applied to the
underside of joists are easily removable using only common tools.
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2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
2. Removable soffit vents 4 inches minimum in width can be used to satisfy both
ventilation and access panel requirements.
16.06.260 Section R902.1.4 – Roofing requirements in a Wildland-Urban Interface Fire Area.
Section R902.1.4 of the California Residential Code is amended to read:
R902.1.4 Roofing requirements in a Wild Land-Urban Interface Fire Area. The
entire roof covering on new structures and existing structures on which more than
50 percent of the total roof area is replaced within any one-year period, and any
roof covering applied in the alteration, repair or replacement of roofs on existing
structures, shall be a fire-retardant roof covering that is at least Class A. Roofing
requirements for structures located in a Wildland-Urban Interface Fire Area shall
also comply with Section R337.5.
16.06.270 Section R1003.9.2.1 – Repairs, replacements and alterations.
Section R1003.9.2.1 is added to the California Residential Code to read:
R1003.9.2.1 Repairs, replacements and alterations. When any repair, replacement
or alteration to the roof of an existing structure is performed, a spark arrester shall
be installed on the existing chimney in accordance with Section R1003.9.2.
16.06.280 Section AJ103 – Preliminary Meeting. Section AJ103 of Appendix J of the
California Residential Code is amended to read:
Section AJ103.1 General. If a building permit is required at the request of the prospective
permit applicant, the building official or his or her designee may meet with the
prospective applicant to discuss plans for any proposed work under these provisions prior
to the application for the permit. The purpose of this preliminary meeting is for the
building official to gain an understanding of the prospective applicant’s intentions for the
proposed work, and to determine, together with the prospective applicant, the specific
applicability of these provisions.
SECTION 2. The Council adopts the findings for local amendments to the California
Residential Code, 2013 Edition, attached hereto as Exhibit “A” and incorporated herein by
reference.
SECTION 3. The Council finds that this project is exempt from the provisions of the
California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA
Guidelines, because it can be seen with certainty that there is no possibility that the amendments
herein adopted will have a significant effect on the environment.
//
//
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SECTION 4. This ordinance shall be effective on the thirty-first day after the date of
its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABS
TENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Senior Deputy City Attorney City Manager
Director of Planning &
Development Services
Director of Administrative Services
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ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
Ordinance No.
Ordinance of the Council of the City of Palo Alto Amending and
Restating Chapter 16.14 of the Palo Alto Municipal Code, California
Green Building Standards Code 2019 Edition, and Local Amendments
and Related Findings, and Amending Section 16.12.035 of Chapter
16.12 to Make Conforming Changes
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Title 16 of the Palo Alto Municipal Code is hereby amended by repealing in its entirety
Chapter 16.14 and adopting a new Chapter 16.14 to read as follows:
16.14.010 2019 California Green Building Standards Code adopted.
The California Green Building Standards Code, 2019 Edition, Title 24, Part 11 of the California Code
of Regulations, together with those omissions, amendments, exceptions and additions thereto, is
adopted and hereby incorporated in this Chapter by reference and made a part hereof the same
as if fully set forth herein.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and
regulations to the chapters and sections of the former California Code of Regulations, Title 24, shall
be construed to apply to the corresponding provisions contained within the California Code of
Regulations, Title 24, 2019. Ordinance No. 5481 of the City of Palo Alto and all other ordinances or
parts of ordinances in conflict herewith are hereby suspended and expressly repealed.
Wherever the phrases “California Green Building Standards Code” or “CALGreen” are used in this
code or any ordinance of the City, such phrases shall be deemed and construed to refer and apply
to the California Green Building Standards Code, 2019 Edition, as adopted and amended by this
chapter.
One copy of the California Green Building Standards Code, 2019 Edition, has been filed for use and
examination of the public in the Office of the Building Official of the City of Palo Alto.
16.14.20 2019 California Green Building Standards Code Appendix Chapters adopted.
The following Appendix Chapters of the California Green Building Standards Code, 2019 Edition,
are adopted and hereby incorporated in this Chapter by reference and made a part hereof the
same as if fully set forth herein:
A. Appendix A4 - Residential Voluntary Measures (Tier 1 and Tier 2)
B. Appendix A5 - Non-residential Voluntary Measures (Tier 1 and Tier 2)
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ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
16.14.030 Cross-References to California Green Building Standards Code.
The provisions of this Chapter contain cross-references to the provisions of the California Green
Building Standards Code, 2019 Edition, in order to facilitate reference and comparison to those
provisions.
16.14.040 Violations – Penalties.
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this Chapter or any permits, conditions, or variances granted under this Chapter.
Violators shall be subject to any penalty or penalties authorized by law, including but not limited
to: administrative enforcement pursuant to Chapters 1.12 and 1.16 of the Palo Alto Municipal
Code; and criminal enforcement pursuant to Chapter 1.08 of the Palo Alto Municipal Code. Each
separate day or any portion thereof during which any violation of this Chapter occurs or
continues shall be deemed to constitute a separate offense.
When the chief building official determines that a violation of this Chapter has occurred, the
chief building official may record a notice of pendency of code violation with the Office of the
County Recorder stating the address and owner of the property involved. When the violation has
been corrected, the chief building official shall issue and record a release of the notice of
pendency of code violation.
16.14.050 Enforcement -- Criminal Enforcement Authority.
The employee positions designated in this section are authorized to exercise the authority
provided in California Penal Code section 836.5 for violations of this Chapter. The designated
employee positions are: (1) chief building official, (2) assistant chief building official, (3) building
inspection manager, and (4) code enforcement officer.
16.14.060 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced
provisions of the California Green Building Standards Code, 2019 Edition, and shall be deemed to
replace the cross-referenced sections of said Code with the respective provisions set forth in this
Chapter.
16.14.070 Section 202 amended – Definitions added.
Section 202 of the California Green Building Standards Code is amended to include the following
definitions:
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ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
CPAU: The City of Palo Alto Utilities Department.
CALGREEN MANDATORY: CALGreen mandatory requirements are triggered for projects
outlined in Section 301.1 Scope of the code, as amended. Projects that trigger only
CALGreen mandatory measures are not required to fulfill CALGreen Tier 1 or Tier 2 as
listed in Appendix A4 and A5.
CALGREEN “TIER 1”: To achieve Tier 1 status, a project must comply with the
requirements identified in Appendix A4, section A4.601.4 for residential projects and
Appendix A5, section A5.601.2 for non-residential projects. The local adaptations to
these appendices are identified in this ordinance. Projects subject to Tier 1 must fulfill
CALGreen mandatory measures and CALGreen Tier 1 prerequisite measures. Tier 1
projects must also select the minimum amount of CALGreen elective measures required
for Tier 1.
CALGREEN “TIER 2”: To achieve Tier 2 status, a project must comply with the
requirements identified in Appendix A4, section A4.601.5 for residential projects and
Appendix A5, section A5.601.3 for non-residential projects. The local adaptations to
these appendices are identified in this ordinance. Projects subject to Tier 2 must fulfill
CALGreen mandatory measures and CALGreen Tier 2 prerequisite measures. Tier 2
projects must also select the minimum amount of CALGreen elective measures required
for Tier 2.
CALGREEN “TIER 1” AND “TIER 2” PREREQUISITE MEASURES: Projects subject to
CALGreen Tier 1 or Tier 2 must fulfill the minimum prerequisites as described within
Appendix A4, section A4.6 for residential projects and Appendix A5, section A5.6 for
non-residential Projects, and local amendments within this ordinance. Tier 1 and Tier 2
prerequisite and elective measures are generally preceded by an “A”.
CALGREEN “TIER 1” AND “TIER 2” ELECTIVE MEASURES: Projects subject to CALGreen
Tier 1 or Tier 2 must fulfill the minimum number of electives as described within
Appendix A4, section A4.6 for residential projects and Appendix A5, section A5.6 for
non-residential Projects, and local amendments within this ordinance. Tier 1 and Tier 2
prerequisite and elective measures are generally preceded by an “A”.
CALGREEN INSPECTOR: An individual certified through the International Code Council
(ICC) CALGreen Inspector/Plans Examiner Certification for demonstrating knowledge
and application of Green Building concepts during plan review and inspection. For
projects that require a CALGreen Inspector/Plans Examiner verification, the Inspector
must be contracted directly with the owner and may not be a contractor or employee of
the design or construction firm.
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ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
MODEL WATER EFFICIENT LANDSCAPE ORDINANCE. The California Department of
Water Resources Model Water Efficient Landscape Ordinance.
PROCESS WATER. Process water means untreated wastewater, uncontaminated by
toilet discharge or an unhealthy bodily waste, which is not a threat from unhealthful
processing, manufacturing or operating wastes.
SALVAGE. Salvage means the controlled removal of items and material from a building,
construction, or demolition site for the purpose of on- or off-site reuse, or storage for
later reuse. Examples include air conditioning and heating systems, columns,
balustrades, fountains, gazebos, molding, mantels, pavers, planters, quoins, stair treads,
trim, wall caps, bath tubs, bricks, cabinetry, carpet, doors, ceiling fans, lighting fixtures,
electrical panel boxes, fencing, fireplaces, flooring materials of wood, marble, stone or
tile, furnaces, plate glass, wall mirrors, door knobs, door brackets, door hinges, marble,
iron work, metal balconies, structural steel, plumbing fixtures, refrigerators, rock,
roofing materials, siding materials, sinks, stairs, stone, stoves, toilets, windows, wood
fencing, lumber and plywood.
SQUARE FOOTAGE. For application of green building requirements, square footage
means all new square footage, including basement areas (7 feet or greater in height).
16.14.080 Section 301 amended – voluntary tiers added.
Section 301 of the California Green Building Standards Code is amended to read:
SECTION 301
GENERAL
301.1 Scope. Buildings shall be designed to include the green building measures
specified as mandatory in the application checklists contained in this code and any
applicable local amendments. In addition, the City requires the use of Voluntary Tiers, as
provided in Appendices A4 and A5, for certain residential and non-residential new
construction, additions, and alterations.
301.1.1 Residential additions and alterations. [HCD] The mandatory provisions of
Chapter 4 shall be applied to additions and/or alterations of existing residential
buildings where the addition and/or alteration increases the building's conditioned area,
volume, or size. The requirements shall apply only to and/or within the specific area of
the addition or alteration.
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ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
Tier 1 adopted (Residential). All residential building additions and/or alterations
exceeding 1000 square feet must meet CALGREEN MANDATORY plus the Tier 1
requirements, as amended by this Chapter and as applicable to the scope of work.
For Tier 1 projects, the area of alterations will include any construction or renovation to
an existing structure other than repair or addition. Alterations include remodeling,
reconstruction, historic restoration, changes or rearrangements of the structural parts
or elements, and changes or rearrangement in the plan configuration of walls and full
height partitions. Normal maintenance, reroofing, painting or wall papering, floor
finishes, or replacement-in-kind of mechanical, plumbing and electrical systems are not
alterations for the purposes of establishing scope of Tier 1 projects. The area of
alteration should be limited to the footprint of the component(s) being altered. This
does not exclude mandatory CALGreen requirements.
Exception: Attached and detached Accessory Dwelling Units, ADU conversions
of existing structures shall meet the California Green Building Standards Code
Mandatory requirements only.
301.2 Low-rise and high-rise residential buildings. [HCD] The provisions of individual
sections of CALGreen may apply to either low-rise residential buildings, high-rise
residential buildings, or both. Individual sections will be designated by banners to
indicate where the section applies specifically to low-rise only (LR) or high-rise only (HR).
When the section applies to both low-rise and high-rise buildings, no banner will be
used.
301.3 Non-residential additions and alterations. [BSC] The provisions of individual
sections of Chapter 5 apply to building non-residential additions of 1,000 square feet or
greater, and/or building alterations with a permit valuation of $200,000 or above (for
occupancies within the authority of California Building Standards Commission). Code
sections relevant to additions and alterations shall only apply to the portions of the
building being added or altered within the scope of the permitted work.
A code section will be designated by a banner to indicate where the code section only
applies to newly constructed buildings [N] or to additions and alterations [A]. When the
code section applies to both, no banner will be used.
Tier 1 adopted. Non-residential alterations (including tenant improvements or
renovations) of 5,000 square feet that include replacement of at least two of the
following: HVAC system, building envelope, hot water system, or lighting system, must
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ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
comply with CALGREEN MANDATORY plus Tier 1 requirements, as amended by this
Chapter and as applicable to the scope of work.
Tier 2 adopted. Non-residential additions of 1000 square feet or greater must comply
with CALGREEN MANDATORY plus Tier 2 requirements, as amended by this Chapter and
as applicable to the scope of work.
301.1.2 Residential new construction – Tier 2 adopted. All newly constructed
Residential Buildings must meet CALGREEN MANDATORY plus Tier 2 requirements, as
amended by this Chapter and as applicable to the scope of work.
301.1.3 Exception: Free standing detached Accessory Dwelling Units of new construction
shall meet the following:
California Green Building Standards Code Mandatory plus Tier 2 prerequisite requiremnts.
No Planning and Design electives.
Two (2) Water Efficiency and Conservation electives.
Two (2) Material Conservation and Resource Efficiency electives.
301.1.4301.1.2 One (1) Environmental Quality elective.
301.1.3 Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). Attached
and detached Accessory Dwelling Units, ADU conversions of existing structures that increases the
building’s conditioned area and are less than 1,000 square feet shall meet the California Green
Building Standards Code (CALGreen) Mandatory requirements only. ADU additions to existing
residential buildings less than 1,000 square feet shall meet the CALGreen Mandatory requirements
only. Junior Accessory Dwelling Units (JADUs) that increase the volume of the building’s
conditioned space shall meet the CALGreen Mandatory requirements only.
Tier 2 adopted. Free standing detached Accessory Dwelling Units of new
construction shall meet the following:
1. California Green Building Standards Code (CALGreen)
Mandatory plus Tier 2 prerequisite requirements.
2. No Planning and Design electives.
3. Two (2) Water Efficiency and Conservation electives.
4. Two (2) Material Conservation and Resource Efficiency electives.
5. One (1) Environmental Quality elective.
301.3.3 Non-residential new construction – Tier 2 adopted. All new non-residential
construction must meet CALGREEN MANDATORY plus Tier 2 requirements, as amended
by this Chapter and as applicable to the scope of work.
301.6 Special Inspector Requirements. Residential and non-residential project owners
subject to CALGREEN MANDATORY plus Tier 1 or Tier 2 requirements shall contract a
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ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
Special Inspector in accordance with section 702.2 of CALGreen, as amended.
16.14.090 Section 702.2 Special Inspection.
Section 702.2 of the California Green Building Standards Code is amended to read:
702.2 Special Inspection. When required by the enforcing agency, the owner or
responsible entity acting as the owner’s agent shall employ one or more Special
Inspectors to provide inspection or other duties necessary to substantiate compliance
with this code. Special Inspectors shall demonstrate competence to the satisfaction of
the enforcing agency for the particular type of inspection or task to be performed. In
addition to other certifications or qualifications acceptable to the enforcing agency, the
following certifications or education may be considered by the enforcing agency when
evaluating the qualifications of a Special Inspector. The City shall maintain a list of pre-
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approved Special Inspectors in accordance with this section. The owner shall contract a
Special Inspector from the pre-approved list meeting one of the following;
1) Certification by a national or regional green building program:
ICC Certified CALGreen Inspector/Plans Examiner: Contract a CALGreen
Inspector to provide third-party verification of compliance prior to Permit
Issuance and prior to Final Inspection.
2) Other programs acceptable to the enforcing agency.
When required by the enforcing agency, the owner or responsible entity acting as the
owner’s agent shall employ one or more Special Inspectors to provide inspection or
other duties necessary to substantiate compliance with this code. Special Inspectors
shall demonstrate competence to the satisfaction of the enforcing agency for the
particular type of inspection or task to be performed. In addition, the Special Inspector
shall have a certification from a recognized state, national or international association,
as determined by the local agency. The city shall maintain a list of pre-approved Special
Inspectors in accordance with this section.
Note: Special Inspectors shall be independent entities with no financial interest
in the materials or the project they are inspecting for compliance with this code.
16.14.100 Reserved.
16.14.110 Residential Projects. Chapter 4 Preface: Green building requirements for
project type and scope.
A preface is added to Chapter 4 of the California Green Building Standards Code to read:
Preface - Green Building Requirements for Project Type and Scope. For design and
construction of residential projects, the City of Palo Alto requires compliance with the
mandatory measures of Chapter 4, in addition to use of Tier 1 and Tier 2 as specified in
Palo Alto Municipal Code Chapter 16.14. See Section 202 for definitions on CALGREEN
MANDATORY, Tier 1 prerequisites and electives, and Tier 2 prerequisites and electives.
All elective measures are adopted as written under Appendix A4 unless otherwise
indicated in this Section.
16.14.120 Section A4.104 Site Preservation.
Section A4.104.1 is adopted as a Tier 1 and Tier 2 elective and is amended to read:
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A4.104.1 Supervision and Education by a Special Inspector. Individuals with oversight
authority on the project, as defined in section 16.14.090 of this code, who have been
trained in areas related to environmentally friendly development, shall teach green
concepts to other members of the builder’s staff and ensure training and written
instruction has been provided to all parties associated with the development of the
project. Prior to the beginning of the construction activities, the builder shall receive a
written guideline and instruction specifying the green goals of the project.
Note: Lack of adequate supervision and dissemination of the project goals can
result in negative effects on green building projects. If the theme of green
building is not carried through the project, the overall benefit can be
substantially reduced by the lack of knowledge and information provided to the
various entities involved with the construction of the project.
16.14.130 Section A4.105 Deconstruction and Reuse of Existing Materials.
Section A4.105.1 Section A4.105.1 is adopted as an elective measure effective through June
30, 2020. Starting July 1, 2020 per Chapter 5.24 of Title 5 of the Municipal Code, Section
A4.105.1 is not adopted as an elective measure. See Chapter 5.24 of the Municipal Code for the
local deconstruction requirements.
Section A4.105.2 is adopted as a Tier 1 and Tier 2 elective measure.
A4.105.2 Reuse of materials. Nonhazardous materials which can be easily reused include but
are not limited to the following:
1. Light fixtures
2. Plumbing fixtures
3. Doors and trim
4. Masonry
5. Electrical devices
6. Appliances
7. Foundations or portions of foundations
Note: Reused material must be in compliance with the appropriate Title 24
requirements.
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16.14.140 Reserved.Section A4.106.5 Cool roof for reduction of heat island effect.
Section A4.106.5 is not adopted as a Tier 1 prerequisite. Section A4.106.5 is adopted as a Tier 1 elective.
16.14.150 Section A4.106.8 Electric Vehicle (EV) Charging for New Construction.
Section A4.106.8 is not adopted as a Tier 1 and Tier 2 elective measure. Projects must comply
with the mandatory electric vehicle supply equipment (EVSE) requirements stated in Section
A4.106.8, as amended.
16.14.160 Section A4.106.9 Bicycle Parking.
Section A4.106.9 is not adopted as a Tier 1 and Tier 2 elective measure. Projects must comply
with the bicycle parking requirements in the Palo Alto Municipal Code.
16.14.170 Section A4.106.10 Light Pollution Reduction.
Section A4.106.10 is adopted as a Tier 1 and Tier 2 elective measure for all covered projects and
is amended to read:
A4.106.10 Light pollution reduction. Outdoor lighting systems shall be designed and
installed to comply with the following:
1. The minimum requirements in the California Energy Code for Lighting
Zones 1-4 as defined in Chapter 10 of the California Administrative Code;
and
2. Backlight, Uplight and Glare (BUG) ratings as defined in IES TM-15-11;
and
3. Allowable BUG ratings not exceeding those shown in Table A4.106.10; or
4. Comply with a local ordinance lawfully enacted pursuant to Section 101.7
of this code, whichever is more stringent.
Projects may use an approved equal reference standard for light fixtures where
BUG ratings are unavailable.
Exceptions:
1. Luminaires that qualify as exceptions to the California Energy Code.
2. Emergency lighting.
3. One- and two-family dwellings.
Note: The International Dark-Sky Association (IDA) and the Illuminating
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Engineering Society of North America (IESNA) have developed a Model Lighting
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Ordinance (MLO). The MLO was designed to help municipalities develop outdoor
lighting standards that reduce glare, light trespass, and skyglow. The model
ordinance and user guides for the ordinance may be accessed at the
International Dark-Sky Association web site.
16.14.180 Section A4.203.1 Performance Approach for Newly Constructed Buildings.
Sections A4.203.1 is not adopted as a Tier 1 and Tier 2 elective measure. Projects shall comply
with Chapter 16.17 of the Palo Alto Municipal Code (Energy Reach Code).
16.14.190 Reserved.
16.14.200 Reserved.
16.14.210 Reserved.
16.14.220 Section A4.304.3 Irrigation Metering Device.
Section A4.304.3 is adopted as a Tier 1 and Tier 2 elective measure and is amended to read:
A4.304.3 Irrigation Metering Device. Dedicated irrigation meters from CPAU are to
be installed in all new construction and rehabilitated landscapes when the landscape
is greater than 1,000 square feet.
16.14.230 Section A4.305 Water Reuse Systems.
Sections A4.305.1, A4.305.2, and A4.305.3 are adopted as Tier 1 and Tier 2 elective measures,
and are amended to read:
A4.305.1 Graywater. Alternative plumbing piping is installed to permit the discharge
from the clothes washer and other fixtures (except toilets and kitchen sinks) to be used
for an irrigation system in compliance with the California Plumbing Code. In the event
that the whole house graywater system is installed in compliance with the California
Plumbing Code, then this measure shall count as 3 electives.
A4.305.2 Recycled Water Piping. Based on projected availability, dual water piping is
installed for future use of recycled water at the following locations:
1. Interior piping for the use of recycled water is installed to serve all water closets,
urinals, and floor drains.
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2. Exterior piping is installed to transport recycled water from the point of
connection to the structure. Recycled water systems shall be designed and
installed in accordance with the California Plumbing Code.
A4.305.3 Recycled water for landscape irrigation. Recycled water piping is used for
landscape irrigation.
Section A4.305.4 is added as Tier 1 and Tier 2 prerequisite and shall read as follows:
A4.305.4 Additions and alterations. All multifamily residential additions and alterations
must install recycled water infrastructure for irrigation when the landscape area
exceeds 1,000 square feet.
16.14.240 Section A4.403.1 Frost Protection Foundation Systems.
Sections A4.403.1 is not adopted as a Tier 1 and Tier 2 elective measure.
16.14.250 Section A4.403.2 Reduction in cement use.
Section A4.403.2 is not adopted as a Tier 1 and Tier 2 prerequisite. Section A4.403.2 is adopted
as a Tier 1 and Tier 2 elective measure and shall read as:
A4.403.2 Reduction in cement use. As allowed by the enforcing agency, cement used in
foundation mix design shall be reduced as follows:
Tier 1. Not less than a 20 percent reduction in cement.
Tier 2: Not less than a 25 percent reduction in cement.
Note: Products commonly used to replace cement in concrete mix designs
include, but are not limited to:
1. Fly ash
2. Slag
3. Silica fume
4. Rice hull ash
16.14.255 Section A4.405.3.1 Recycled content
Section A.4.405.3.1 is not adopted as a Tier 1 prerequisite. Section A4.405.3.1 is adopted as a Tier 1
elective.
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16.14.260 Section A4.408.1 Enhanced Construction Waste Reduction.
Section A4.408.1 is adopted as mandatory and is amended to read:
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A4.408.1 Enhanced Construction Waste Reduction. Nonhazardous construction and
demolition debris generated at the site is diverted to recycle or salvage in compliance
with the following:
Projects with a given valuation of $25,000 or more must have at least an 80-percent
reduction. Any mixed recyclables that are sent to mixed-waste recycling facilities shall
include a qualified third party verified facility average diversion rate. Verification of
diversion rates shall meet minimum certification eligibility guidelines, acceptable to the
local enforcing agency.
A4.408.1.1 Documentation. Documentation shall be provided to the enforcing
agency which demonstrates compliance with all construction and demolition
waste reduction requirements.
16.14.265 Section A4.504.1 Compliance with formaldehyde limits.
Section A4.504.1 is adopted as a Tier 1 and Tier 2 elective measure.
16.14.270 Section A4.504.3 Thermal insulation.
Section A4.504.3 is not adopted as a Tier 1 and Tier 2 prerequisite. Section A4.504.3 is adopted
as a Tier 1 and Tier 2 elective measure.
16.14.280 Non-Residential Projects: Chapter 5 Preface Green Building Requirements for
Project Type and Scope.
A Preface is added to Chapter 5 of the California Green Building Standards Code to read:
Preface – Green Building Requirements for Project Type and Scope. For design and
construction of non-residential projects, the City requires compliance with the
mandatory measures of Chapter 5, in addition to use of Tier 1 and Tier 2 as specified in
Palo Alto Municipal Code Chapter 16.14. See Section 202 for definitions on CALGREEN
MANDATORY, Tier 1 prerequisites and electives, and Tier 2 prerequisites and electives.
All elective measures are adopted as written under Appendix A5 unless otherwise
indicated in this Section.
16.14.290 Section 5.106.1.1 Local storm water pollution prevention.
Section 5.106.1.1 Local ordinance is amended to read:
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5.106.1.1 Local ordinance. Newly constructed projects and additions shall comply with
additional storm water pollution prevention measures as applicable. (See Chapter 16.11,
Storm Water Pollution Prevention, of the Palo Alto Municipal Code.)
16.14.295 Section 5.106.8 Light pollution reduction
Section 5.106.8 Light pollution reduction is amended to read:
5.106.8 Light pollution reduction. Outdoor lighting systems shall be designed and
installed to comply with the following:
1. The minimum requirements in the California Energy Code for Lighting
Zones 0-4 as defined in Chapter 10, Section 10-114 of the California
Administrative Code; and
2. Backlight (B) ratings as defined in IES TM-15-11 (shown in Table A-1 in
Chapter 8);
3. Uplight and Glare ratings as defined in California Energy Code (shown in
Tables 130.2-A and 130.2-B in Chapter 8); and
4. Allowable BUG ratings not exceeding those shown in Table 5.106.8 [N]; or
5. Comply with a local ordinance lawfully enacted pursuant to Section
101.7, whichever is more stringent.
Projects may use an approved equal reference standard for light fixtures where
BUG ratings are unavailable.
Exceptions:
1. Luminaires that qualify as exceptions in Section 140.7 of the California
Energy Code.
2. Emergency lighting.
3. Building facade meeting the requirements in Table 140.7-B of the
California Energy Code, Part 6.
4. Custom lighting features as allowed by the local enforcing agency, as
permitted by Section 101.8 Alternate materials, designs and methods
of construction.
16.14.300 Section 5.305.1.3 Dual Plumbing.
Section 5.305.1.3 Dual plumbing is added as mandatory and is amended to read:
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5.305.1.3 Dual plumbing. New buildings and facilities shall be dual plumbed for potable
and recycled water systems for toilet flushing when recycled water is available. All
building projects for which CPAU recycled water service is available must install dual
Plumbing and use recycled water for toilet and urinal flushing when the building area is
greater than 10,000 square feet or where installation of 25 or more toilets and urinals is
proposed. All projects for which CPAU recycled water service is not yet available must
install dual plumbing for use of recycled water for toilet and urinal flushing when the
building area exceeds 50,000 square feet or where installation of 50 or more toilets and
urinals is proposed.
16.14.310 Reserved.
16.14.320 Reserved.
16.14.330 Reserved.
16.14.340 Reserved.
16.14.350 Reserved.
16.14.360 Section 5.304.2 Invasive species prohibited.
Section 5.304.2 is added as mandatory to read:
5.304.2 Invasive species prohibited. All non-residential new construction, additions,
and alterations shall not install invasive species in a landscape area of any size.
16.14.365 Section 5.306 Non-residential enhanced water budget.
Section 5.306 Non-residential enhanced water budget is added as mandatory to read:
5.306 Non-residential enhanced water budget. Non-residential buildings anticipated to
use more than 1,000 gallons of water a day shall complete an Enhanced Water Budget
Calculator as established by the Chief Building Official or designee .
16.14.370 Section A5.408 Construction Waste Reduction, Disposal and Recycling.
Section A5.408.3.1.1 Enhanced Construction Waste Reduction is adopted at Tier 2 (80%
construction waste reduction) as a mandatory requirement for all non-residential construction,
including new construction, additions, and alterations, as long as the construction has a
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valuation exceeding $25,000. Non-residential projects with a lower valuation shall remain
subject to California Green Building Code Chapter 5 mandatory requirements.
16.14.375 Reserved.
16.14.380 Section 5.410.4.6 Energy STAR portfolio manager.
Section 5.410.4.6 Energy STAR portfolio manager is added as mandatory to read:
5.410.4.6 Energy STAR portfolio manager. All non-residential projects exceeding
$100,000 valuation must provide evidence of an Energy STAR Portfolio Manager project
profile for both water and energy use prior to Permit Issuance, acquire an Energy STAR
Portfolio Manager Rating, and submit the rating to the City of Palo Alto once the project
has been occupied after 12 months.
16.14.390 Section 5.410.4.7 Performance reviews – energy.
Section 5.410.4.7 Performance reviews - energy is added to read:
5.410.4.7 Performance reviews – energy. All projects over 10,000 square feet. The City
reserves the right to conduct a performance review, no more frequently than once
every five years unless a project fails review, to evaluate the building's energy use to
ensure that resources used at the building and/or site do not exceed the maximum
allowance set forth in the rehabilitation or new construction design. Following the
findings and recommendations of the review, the City may require adjustments to the
energy usage or energy-using equipment or systems if the building is no longer
compliant with the original design. Renovation or rehabilitation resulting from such
audit activity shall be considered a project and shall be subject to applicable
documentation submittal requirements of the City. This section is effective only for
those projects for which a building permit was issued after January 1, 2009.
16.14.400 Section 5.410.4.8 Performance reviews – water.
Section 5.410.4.8 Performance reviews - water is added to read:
5.410.4.8 Performance reviews – water. All sites greater than one acre: The City
reserves the right to conduct performance reviews, no more frequently than once every
five years unless a project fails review, to evaluate water use to ensure that resources
used at the building and/or site do not exceed a maximum allowance set forth in the
rehabilitation or new construction design. Water use reviews may be initiated by the
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Building Division, or as a coordinated effort between the CPAU and the Santa Clara
Valley Water District (SCVWD), or as part of SCVWD's established water conservation
programs. Following the findings and recommendations of the review, the City may
require adjustments to irrigation usage, irrigation hardware, and/or landscape materials
to reduce consumption and improve efficiency. Renovation or rehabilitation resulting
from such audit activity shall be considered a project and shall be subject to applicable
documentation submittal requirements of the City.
16.14.410 Section 5.506 Indoor Air Quality.
Section 5.506.3 is added as mandatory to read:
Section 5.506.3 Indoor Air Quality Management Plan. All commercial and multi-
family projects must submit an Indoor Air Quality Management Plan (IAQ) with
building permit application in accordance with the Sheet Metal and Air
Conditioning Contractors National Association (SMACNA IAQ) Guidelines for
Occupied Buildings Under Construction, 2nd edition ANSI/SMACNA 008-2008.
16.14.420 Section A4.106.8 Electric Vehicle (EV) Charging.
Section A4.106.8 of the California Green Building Standards Code is adopted as mandatory and
amended to read:
A4.106.8 Electric Vehicle (EV) Charging for Residential Structures. Newly constructed
single family and multifamily residential structures, including residential structures
constructed as part of a mixed-use development, shall comply with the following
requirements for electric vehicle supply equipment (EVSE). All parking space calculations
under this section shall be rounded up to the next full space. The requirements stated
in this section are in addition to those contained in Section 4.106.4 of the California
Green Building Standards Code. In the event of a conflict between this section and
Section 4.106.4 of the California Green Building Standards Code, the more robust EV
Charging requirements shall prevail.
Definitions. For the purposes of this section, the following definitions shall apply:
(a) Level 2 EVSE. “Level 2 EVSE” shall mean an EVSE capable of charging at 30
amperes or higher at 208 or 240 VAC. An EVSE capable of simultaneously
charging at 30 amperes for each of two vehicles shall be counted as two
Level 2 EVSE.
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(b) Conduit Only. “Conduit Only” shall mean, at minimum: (1) a panel capable to
accommodate a dedicated branch circuit and service capacity to install a
208/240V, 50 amperes grounded AC outlet; and (2) raceway or wiring with
capacity to accommodate a 100 ampere circuit; terminating in (3) a listed
cabinet, box, enclosure, or NEMA receptacle. The raceway shall be installed
so that minimal removal of materials is necessary to complete the final
installation.
(c) EVSE-Ready Outlet. “EVSE-Ready Outlet” shall mean, at minimum: (1) a panel
capable to accommodate a dedicated branch circuit and service capacity to
install a 208/240V, 50 amperes grounded AC outlet; (2) a two-pole circuit
breaker; (3) raceway with capacity to accommodate 100-ampere circuit; (4)
50 ampere wiring; terminating in (5) a 50 ampere NEMA receptacle in a
covered outlet box.
(d) EVSE Installed. “EVSE Installed” shall mean an installed Level 2 EVSE.
A4.106.8.1 New one-family, two-family and townhouse dwellings. The
following standards apply to newly constructed detached and attached single
family, two-family and townhouse residences.
(a) In general. The property owner shall provide Conduit Only, EVSE-Ready
Outlet, or EVSE Installed for each residence.
(b) Location. The proposed location of a charging station may be internal or
external to the dwelling and shall be in close proximity to an on-site parking
space consistent with City guidelines, rules, and regulations.
A4.106.8.2 New Multi-Family Dwellings. The following standards apply to newly
constructed residences in a multi-family residential structure, except as provided
in section A4.106.8.2.1.
(a) Resident parking. The property owner shall provide at least one EVSE-Ready
Outlet or EVSE Installed for each residential unit in the structure.
(b) Guest parking. The property owner shall provide Conduit Only, EVSE-Ready
Outlet, or EVSE Installed, for at least 25% of guest parking spaces, among
which at least 5% (and no fewer than one) shall be EVSE Installed.
(c) Accessible spaces. Projects shall comply with the 2019 California Building
Code requirements for accessible electric vehicle parking.
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(d) Minimum total circuit capacity. The property owner shall ensure sufficient
circuit capacity, as determined by the Chief Building Official or designee , to
support a Level 2 EVSE in every location where Circuit Only, EVSE-Ready
Outlet or EVSE Installed is required.
(e) Location. The EVSE, receptacles, and/or raceway required by this section
shall be placed in locations allowing convenient installation of and access to
EVSE. In addition, if parking is deed-restricted to individual residential units,
the EVSE or receptacles required by subsection (a) shall be located such that
each unit has access to its own EVSE or receptacle. Location of EVSE or
receptacles shall be consistent with all City guidelines, rules, and
regulations.
A4.106.8.2.2 Exception – Multi-Family Residential Structures with Individual,
Attached Parking. The property owner shall provide Conduit Only, EVSE-Ready
Outlet, or EVSE Installed for each newly constructed residence in a multi-family
residential structure featuring: (1) a parking space attached to the residence; and
(2) a shared electrical panel between the residence and parking space (e.g., a
multi-family structure with tuck-under garages).
A4.106.8.3 New Hotels. The following standards apply to newly constructed
hotels.
(a) In general. The property owner shall provide Conduit Only, EVSE-Ready
Outlet, or EVSE Installed for at least 30% of parking spaces, among which at
least 10% (and no fewer than one) shall be EVSE Installed.
(b) Accessible spaces. Projects shall comply with the 2019 California Building
Code requirements for accessible electric vehicle parking.
(c) Minimum total circuit capacity. The property owner shall ensure sufficient
circuit capacity, as determined by the Chief Building Official or designee , to
support a Level 2 EVSE in every location where Circuit Only, EVSE-Ready
Outlet or EVSE Installed is required.
(d) Location. The EVSE, receptacles, and/or raceway required by this section
shall be placed in locations allowing convenient installation of and access to
EVSE. Location of EVSE or receptacles shall be consistent with all City
guidelines, rules, and regulations.
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16.14.430 Section A5.106.5.3 Electric Vehicle (EV) Charging for Non-Residential Structures.
Section A5.106.5.3 of the California Green Building Standards Code is adopted as mandatory
and amended to read:
A5.106.5.3 Electric Vehicle (EV) Charging for Non-Residential Structures. New non-
residential structures shall comply with the following requirements for electric vehicle
supply equipment (EVSE). All parking space calculations under this section shall be
rounded up to the next full space. The requirements stated in this section are in
addition to those contained in Section 5.106.5.3 of the California Green Building
Standards Code. In the event of a conflict between this section and Section 5.106.5.3,
the more robust EV Charging requirements shall prevail.
Definitions. For the purposes of this section, the following definitions shall apply:
(a) Level 2 EVSE. “Level 2 EVSE” shall mean an EVSE capable of charging at 30
amperes or higher at 208 or 240 VAC. An EVSE capable of simultaneously
charging at 30 amperes for each of two vehicles shall be counted as two
Level 2 EVSE.
(b) Conduit Only. “Conduit Only” shall mean, at minimum: (1) a panel capable to
accommodate a dedicated branch circuit and service capacity to install at
least a 208/240V, 50 amperes grounded AC outlet; and (2) raceway or wiring
with capacity to accommodate a 100 ampere circuit; terminating in (3) a
listed cabinet, box, enclosure, or NEMA receptacle. The raceway shall be
installed so that minimal removal of materials is necessary to complete the
final installation.
(c) EVSE-Ready Outlet. “EVSE-Ready Outlet” shall mean, at minimum: (1) a panel
capable to accommodate a dedicated branch circuit and service capacity to
install at least a 208/240V, 50 amperes grounded AC outlet; (2) a two-pole
circuit breaker; (3) raceway with capacity to accommodate a 100-ampere
circuit; (4) 50 ampere wiring; terminating in (5) a 50 ampere NEMA
receptacle in a covered outlet box.
(d) EVSE Installed. “EVSE Installed” shall mean an installed Level 2 EVSE.
A5.106.5.3.5 Non-Residential Structures Other than Hotels. The following
standards apply to newly constructed non-residential structures other than
hotels.
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(a) In general. The property owner shall provide Conduit Only, EVSE-Ready
Outlet, or EVSE Installed for at least 25% of parking spaces, among which at
least 5% (and no fewer than one) shall be EVSE Installed.
(b) Accessible spaces. Projects shall comply with the 2019 California Building
Code requirements for accessible electric vehicle parking.
(c) Minimum total circuit capacity. The property owner shall ensure sufficient
circuit capacity, as determined by the Chief Building Official or designee , to
support a Level 2 EVSE in every location where Circuit Only, EVSE-Ready
Outlet or EVSE Installed is required.
(d) Location. The EVSE, receptacles, and/or raceway required by this section
shall be placed in locations allowing convenient installation of and access to
EVSE. Location of EVSE or receptacles shall be consistent with all City
guidelines, rules, and regulations.
SECTION 2. The Council adopts the findings for local amendments to the California Green
Building Standards Code, 2019 Edition, attached hereto as Exhibit “A” and incorporated herein
by reference.
SECTION 3. Section 16.12.035 of Chapter 16.12 of Title 16 of the Palo Alto Municipal Code is
hereby amended to read as follows:
16.12.035 New construction; recycled water use for toilet and urinal flushing and floor trap
priming.
(a) All applications for building permits for new or remodeled buildings or groups of
buildings within the boundaries of a recycled water project area, filed after the adoption
of this chapter, where the building square footage total, including both the original
square footage and any addition, is greater than 10,000 square feet or where
installation of twenty-five or more toilets and urinals is proposed, shall incorporate dual
plumbing in the design of the facility to allow the use of recycled water, when it
becomes available, for flushing toilets and urinals and priming floor traps. Dual
plumbing requirements shall not apply to single family homes.
(b) All applications for building permits for new or remodeled buildings or groups of
buildings in geographic areas not within the boundaries of a recycled water project area,
filed after the adoption of this chapter, where the building square footage total,
including both the original square footage and any addition, is greater than 50,000
100,000 square feet or where installation of 50 100 or more toilets and urinals is
proposed, shall incorporate dual plumbing in the design of the facility to allow the use of
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recycled water, when it becomes available, for flushing toilets and urinals and priming
floor traps. Dual plumbing requirements shall not apply to single family homes.
(c) When dual plumbing requirements are triggered by remodeling, only those restroom
facilities located within the remodel project area shall be required to incorporate dual
plumbing.
SECTION 4. If any section, subsection, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portion or sections of
the Ordinance. The Council hereby declares that it should have adopted the Ordinance and
each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 5. The Council finds that this project is exempt from the provisions of the California
Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines,
because it can be seen with certainty that there is no possibility that the amendments herein
adopted will have a significant effect on the environment.
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SECTION 6. This Ordinance shall be effective on the thirty-first day after the date of its adoption.
INTRODUCED: November 4, 2019
PASSED: November 18, 2019
AYES: CORMACK, DUBOIS, FILSETH, KNISS, KOU, TANAKA
NOES:
ABSENT: FINE
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Deputy City Attorney City Manager
Director of Planning and Development
Services
Director of Administrative Services
1
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
NOT YET ADOPTED
Ordinance No.
Ordinance of the Council of the City of Palo Alto Repealing Chapter
16.04 of the Palo Alto Municipal Code and Amending Title 16 to Adopt a
New Chapter 16.04, California Building Code, California Historical
Building Code, and California Existing Building Code, 2019 Editions, and
Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.04 of the Palo Alto Municipal Code is hereby amended by repealing it in
its entirety and adopting a new Chapter 16.04 to read as follows:
16.04 CALIFORNIA BUILDING CODE
16.04.010 2019 California Building Code adopted.
The California Building Code, 2019 Edition, Title 24, Part 2 of the California Code of Regulations,
together with those omissions, amendments, exceptions and additions thereto, is adopted and
hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set
forth herein.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and
regulations to the chapters and sections of the former California Code of Regulations, Title 24, 2016,
shall be construed to apply to the corresponding provisions contained within the California Code of
Regulations, Title 24, 2019. Ordinance No. 5477 of the City of Palo Alto and all other ordinances or
parts of ordinances in conflict herewith are hereby suspended and expressly repealed.
Wherever the phrases “California Building Code” or “Building Code” are used in this code or any
ordinance of the City, such phrases shall be deemed and construed to refer and apply to the
California Building Code, 2019 Edition, Title 24, Part 2 of the California Code of Regulations, as
adopted by this chapter.
One copy of the California Building Code, 2019 Edition, has been filed for use and examination of
the public in the Office of the Building Official of the City of Palo Alto.
16.04.20 2019 California Building Code Appendix Chapters adopted.
The following Appendix chapters and section of the California Building Code, 2019 Edition, are
adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as
if fully set forth herein:
A. Appendix I – Patio Covers
B. Section J109.4 – Drainage across Property Lines (Appendix J)
C. Appendix O – Emergency Housing
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2019 Code Cycle ORD Amending Ch. 16.04 Building Code
16.04.030 Cross - References to California Building Code.
The provisions of this Chapter contain cross-references to the provisions of the California Building
Code, 2019 Edition, in order to facilitate reference and comparison to those provisions.
16.04.040 Section 1.11.2.1.1 Duties and powers of the enforcing agency/Enforcement.
Section 1.11.2.1.1 of Chapter 1 of the California Building Code is amended to read:
1.11.2.1.1 The responsibility for enforcement of building standards adopted by the State
Fire Marshal and published in the California Building Standards Code relating to fire and
panic safety and other regulations of the State Fire Marshal shall, except as provided in
Section 1.11.2.1.2, be as follows:
1. The city, county or city and county with jurisdiction in the area affected by the
standard or regulation shall delegate the enforcement of the building standards
relating to fire and panic safety and other regulations of the State Fire Marshal as they
relate to Group R-3 occupancies, as described in Section 310.1 of Part 2 of the
California Building Standards Code, to both enforcement divisions specific to their
areas of enforcement disciplines:
1.1 The chief of the fire authority of the city or an authorized representative and;
1.2. The chief building official of the city or an authorized representative.
16.04.050 Violations -- Penalties.
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this Chapter or any permits, conditions, or variances granted under this Chapter.
Violators shall be subject to any penalty or penalties authorized by law, including but not limited
to: administrative enforcement pursuant to Chapters 1.12 and 1.16 of the Palo Alto Municipal
Code; and criminal enforcement pursuant to Chapter 1.08 of the Palo Alto Municipal Code. Each
separate day or any portion thereof during which any violation of this Chapter occurs or
continues shall be deemed to constitute a separate offense.
When the chief building official determines that a violation of this Chapter has occurred, the
chief building official may record a notice of pendency of code violation with the Office of the
County Recorder stating the address and owner of the property involved. When the violation has
been corrected, the chief building official shall issue and record a release of the notice of
pendency of code violation.
16.04.060 Enforcement -- Criminal Enforcement Authority.
The employee positions designated in this section are authorized to exercise the authority
provided in California Penal Code section 836.5 for violations of this Chapter. The designated
employee positions are: (1) chief building official, (2) assistant chief building official, (3) building
inspection manager, and (4) code enforcement officer.
16.04.070 Local Amendments.
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2019 Code Cycle ORD Amending Ch. 16.04 Building Code
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions
of the California Building Code, 2019 Edition, and shall be deemed to replace the cross-referenced
sections of said Code with the respective provisions set forth in this Chapter.
16.04.075 Section 101 General. Section 101 of Chapter 1 of the California Building Code is
amended to read:
101.1 Title. The regulations shall be known as the Building Code of City of Palo Alto,
hereinafter referred to as “this code.”
16.04.080 Section 105.1.3 Demolition permits. Section 105.1.3 of Chapter 1 of the
California Building Code is added to read:
105.1.3 Demolition permits. In addition to other requirements of law, every person
seeking a permit to demolish a unit used for residential rental purposes shall furnish an
affidavit or declaration under penalty of perjury that the unit proposed to be
demolished is vacant, or that notice to vacate has been given to each tenant lawfully in
possession thereof as required by law or by the terms of such tenancy. No work or
demolition shall begin upon any portion of such a unit until each and every portion has
been vacated by all tenants lawfully in possession thereof.
16.04.085 Section 105.3.2 Time limitation of application. Section 105.3.2 of Chapter 1 of the
California Building Code is amended to read:
Section 105.3.2 Time limitation of application. An application for a permit for any proposed
work shall be deemed to have been abandoned 365 days after the date of filing, unless such
application has been pursued in good faith or a permit has been issued; except that the
building official is authorized to grant one or more extensions and/or reactivations for
additional periods not exceeding 90 days each. The extension shall be required in writing
and justifiable cause demonstrated.
16.04.090 Section 105.5 Expiration. Section 105.5 of Chapter 1 of the California Building Code
is amended to read:
105.5 Expiration. Every permit issued shall become invalid unless the work on the
site authorized by such permit is commenced within 180 days or 12 months for
residential occupancies after its issuance, or if the work authorized on the site by
such permit is suspended or abandoned for a period of 180 days after the time the
work is commenced. For the purpose of this section, failure to progress a
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2019 Code Cycle ORD Amending Ch. 16.04 Building Code
project to the next level of required inspection shall be deemed to be suspension
of the work.
The chief building official or designee is authorized to grant, in writing, no more
than three extensions and reactivations of permits that would otherwise expire or
reactivations of expired permits, for periods not more than 180 days each and may
require:
1) that the construction documents be revised to partially or fully comply
with current codes; and
2) payment of a fee; and
3) payment of a penalty pursuant to Chapter 16.62 of the Palo Alto
Municipal Code, as it may be amended from time to time.
Extensions and reactivations shall be requested in writing and justifiable cause
demonstrated. Additional extensions or reactivations beyond three may only be
granted with the approval of the City Council.
105.5.1 Term Limit for Permits. All work associated with a building permit
must be completed, and final inspection issued, within 48 months of
permit issuance.
16.04.100 Section 109.6 Refunds. Section 109.6 of Chapter 1 of the California Building
Code is amended to read:
109.6 Refunds The building official or designee may authorize the refund of any fee paid
hereunder which was erroneously paid or collected. The building official or designee
may authorize the refund of not more than eighty percent (80%) of the Permit Fee paid
when no work has occurred under a permit issued pursuant to this Chapter. The
building official or designee may authorize the refund of not more than eighty percent
(80%) of the Plan Review Fee paid when a permit application is withdrawn or canceled
before any plan review work has started.
16.04.110 Section 109.7 Re-Inspection fees. Section 109.7 of Chapter 1 of the California
Building Code is added to read:
109.7 Re-Inspection Fees. A Re-Inspection Fee may be assessed/authorized by the
building official or the building inspection supervisor for each re-inspection required
when work for which an inspection is requested is not ready for inspection or when
required corrections noted during prior inspections have not been completed. A “Re-
Inspection Fee” may be assessed/authorized when:
1. The inspection record card is not posted or otherwise available on the work site; or
2. The approved plans are not readily available for the inspector at the time of
inspection; or
3. The inspector is unable to access the work at the time of inspection; or
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2019 Code Cycle ORD Amending Ch. 16.04 Building Code
4. When work has substantially deviated from the approved plans without the prior
approval of the building official.
5. When a Re-Inspection Fee is assessed, additional inspection of the work will not be
performed until the fee has been paid.
16.04.115 Section 110.2.1 Preliminary accessibility compliance inspection. Section 110.2.1
of Chapter 1 of the California Building Code is added to read:
110.2.1 Preliminary accessibility compliance inspection. Before issuing a permit, the
building official or designee is authorized to examine or cause to be examined the pre-
construction accessibility compliance conditions of the buildings, structures, and sites
for which an application has been filed.
16.04.120 Section 110.3.3 Lowest floor elevation. Section 110.3.3 of Chapter 1 of the
California Building Code is amended to read:
110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest
floor, including the basement, and prior to further vertical construction, the elevation
certification shall be submitted to City Public Works Engineering for inspection approval
prior to foundation inspection by City Building Inspection.
16.04.130 Section 111.1 – Use and occupancy. Section 111.1 of Chapter 1 of the California
Building Code is amended to read:
111.1 Use and occupancy. A building or structure shall not be used or occupied,
and a change in the existing occupancy of a building or structure or portion thereof
shall not be made, until the building official has issued a certificate of occupancy
therefor as provided herein. Issuance of a certificate of occupancy shall not be
construed as an approval of a violation of the provisions of this code or of other
ordinances of the jurisdiction.
Exception: Certificates of occupancy are not required for:
1. Work exempt from permits under Section 105.2
2. Group R – Division 2, 3 occupancies
3. Group U occupancies
111.1.1 Change of occupancy or tenancy. Each change of occupancy, official name
or tenancy of any building, structure or portion thereof, shall require a new
certificate of occupancy, whether or not any alterations to the building are
required by this code.
If a portion of any building does not conform to the requirements of this code for
a proposed occupancy, that portion shall be made to conform. The building official
may issue a new certificate of occupancy without requiring compliance with all
such requirements if it is determined that the change in occupancy or
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2019 Code Cycle ORD Amending Ch. 16.04 Building Code
tenancy will result in no increased hazard to life or limb, health, property or public
welfare.
When application is made for a new certificate of occupancy under this section,
the building official and fire chief shall cause an inspection of the building to be
made. The inspector(s) shall inform the applicant of those alterations necessary,
or if none are necessary, and shall submit a report of compliance to the building
official.
Before any application for a new certificate of occupancy is accepted, a fee shall
be paid by the applicant to cover the cost of the inspection of the building required
by the change of occupancy or tenancy.
16.04.140 Section 111.3– Temporary occupancy. Section 111.3 of Chapter 1 of the California
Building Code is amended to read:
111.3 Temporary occupancy. The building official is authorized to issue a
temporary certificate of occupancy before the completion of the entire work
covered by the permit, or as otherwise required, provided that such portion or
portions shall be occupied safely. The building official shall set a time period during
which the temporary certificate of occupancy is valid.
16.04.150 Section 111.5 Posting. Section 111.5 of Chapter 1 of the California Building Code is
added to read:
111.5 Posting. The certificate of occupancy shall be posted in a conspicuous,
readily accessible place in the building or portion of building to be occupied and
shall not be removed except when authorized by the building official.
16.04.153 Section 115 Stop Work Order. Section 115 of Chapter 1 of the California Building
Code is amended to read:
SECTION 115
STOP WORK ORDER
115.1 Authority. Whenever the building official finds any work regulated by this code
being performed in a manner that is contrary to the provisions of this code, without a
permit, beyond the scope of the issued permit, in violation of the Palo Alto Municipal
Code or Zoning Ordinance, or dangerous or unsafe, the building official is authorized to
issue a stop work order.
115.2 Issuance. The stop work order shall be in writing and shall be posted in a visible
location near the location where the work is being conducted. If the owner or owner’s
agent is not on site at the time of posting, a notice advising the reasons for the stop work
order issuance shall be hand delivered or mailed first-class to the owner of the property
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2019 Code Cycle ORD Amending Ch. 16.04 Building Code
involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a
stop work order, the cited work shall immediately cease. The stop work order shall state
the reason for the order, the conditions under which the cited work will be permitted to
resume, and the name and contact information of the official or agency issuing the order.
115.3 Unlawful Continuance. Any person who continues to engage in any work after
having been served with a stop work order, except such work as that person is directed
to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor.
115.4 Removal of Posted Stop Work Order. Any person who removes a posted stop work
order without written consent of the Building Official shall be guilty of a misdemeanor.
115.5 Response Required. Violators receiving a stop work order are required to respond
to the Building Division within five (5) business days of the issued notice to receive
instructions on how to rescind the order.
115.6 Permit Application Required. A building permit application with construction or
demolition plans and supporting (structural calculations, energy calculations, accessible
access) documents must be submitted for approval within fifteen (15) working days
following response to the Building Division. Plans will be reviewed and correction letters
issued or permit application approved by the Building Division. A response to any
correction letter must be submitted within fifteen (15) working days of the date of the
correction letter. Ten working days will be required to review this second submission and
a permit approved for issuance. Permits ready for issuance must be issued within 5
working days thereafter. All construction must be inspected as work progresses and
signed off by all (affected) departments within 180 days of building permit issuance.
115.7 Stop Work Order Penalty. The Building Official may impose Stop Work Order
Penalties in accordance with Section 1.14.050 of this code and/or other applicable law.
16.04.155 Section 502.1 Address identification. Section 502.1 of Chapter 5 of the California
Building Code is amended to read:
502.1 Address identification. New and existing buildings shall be provided with approved
address identification. The address identification shall be legible and placed in a position
that is visible from the street or road fronting the property. Address identification
characters shall contrast with their background. Address numbers shall be Arabic
numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be
a minimum of 4 inches (102 mm) high with a minimum stroke width of ½ inch (12.7 mm)
unless required to be larger by Section 502.1.2. When 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 approved sign or
means shall be used to identify the structure. Address numbers shall be maintained.
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2019 Code Cycle ORD Amending Ch. 16.04 Building Code
502.1.1 Address illumination. Address identification required by Section 501.2
shall be illuminated.
502.1.2 Address identification size. Address numbers and letters shall be sized as
follows:
1. When the structure is between thirty-six (36) and fifty (50) feet from the
road or other emergency means of access, a minimum of one-half inch
(0.5”) stroke by six inches (6”) high is required.
2. When the structure is fifty (50) or more feet from the road or other
emergency means of access, a minimum of one inch (1”) stroke by nine
inches (9”) high is required.
16.04.160 Section 702A Definitions – Wildland-Urban Interface Fire Area.
Section 702A of Chapter 7A of the California Building Code is amended include the following
definition of “Wildland-Urban Interface Fire Area”:
WILDLAND-URBAN INTERFACE FIRE AREA is a geographical area identified by the
State of California as a “Fire Hazard Severity Zone” in accordance with Public
Resources Code Sections 4201 through 4202 and Government Code Sections
51175 through 51189, or other areas designated by the enforcing agency to be at
a significant risk from wildfires. Within the city limits of the City of Palo Alto, “Wild
Land-Urban Fire Interface Area” shall also include all areas west of Interstate 280,
and all other areas recommended as a “Very High Fire Hazard Severity Zone” by
the Director of the California Department of Forestry.
16.04.170 Reserved
16.04.180 Section 903.2 – Automatic Sprinkler Systems, Where Required.
Section 903.2 of Chapter 9 the California Building Code is amended to read as follows:
903.2 Automatic sprinkler systems, where required. Approved automatic
sprinkler systems in new buildings and structures and in existing modified
buildings and structures, shall be provided in the locations described in this
section. Automatic fire sprinklers shall be installed per the requirements set
forth in Sections 903.2.1 through 903.2.18 and as follows, whichever is the more
restrictive:
1. An automatic sprinkler system shall be provided throughout all new
buildings and structures.
Exception: New non-residential occupancies, buildings or
structures that do not exceed 350 square feet of building area and
contain no plumbing fixtures.
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2019 Code Cycle ORD Amending Ch. 16.04 Building Code
2. An automatic sprinkler system shall be provided for all existing
buildings or structures where modifications have been determined by
the Building Official to trigger requirements for seismic retrofit.
3. An automatic sprinkler system shall be provided throughout all
existing buildings when modifications are made that create conditions
described in Sections 903.2.1 through 903.2.18, or that create an
increase in fire area to more than 3600 square feet or when the
addition is equal or greater than 50% of the existing building square
footage whichever is more restrictive.
4. An automatic sprinkler system shall be provided throughout all new
or rendered usable for occupancy and/or storage space basements
regardless of size and throughout existing basements that are
expanded by more than 50% or is conditioned for use. If the addition
is only the basement, then only the basement is required to be fire
sprinkler protection.
5. An automatic sprinkler system shall be installed throughout when
either the roof structure and/or exterior wall structure have been
removed and/or replaced by at least 50% of the existing structure.
6. An automatic sprinkler system shall be installed throughout when any
change in use or occupancy creating a more hazardous fire/life safety
condition, as determined by the Fire Chief.
16.04.190 Section 903.3.1.1 NFPA sprinkler systems.
Section 903.3.1.1 of Chapter 9 of the California Building Code is amended to read as follows:
903.3.1.1 NFPA 13 sprinkler systems. Where the provisions of this code require that a
building or portion thereof be equipped throughout with an automatic sprinkler system
in accordance with this section, sprinklers shall be installed throughout in accordance
with NFPA 13 and State and local requirements except as provided in Section 903.3.1.1.
1. For new buildings having no designated use or tenant, the minimum sprinkler
design density shall be Ordinary Hazard Group II.
2. Where future use or tenant is determined to require a higher density, the
sprinkler system shall be augmented to meet the higher density.
16.04.200 Section 903.3.1.2 – NFPA 13R sprinkler systems.
Section 903.3.1.2 of Chapter 9 of the California Building Code is amended to read as follows:
903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R
Occupancies, up to and including four stories in height, automatic sprinkler
systems shall be installed throughout in accordance with NFPA 13 and State and
local standards.
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16.04.210 Section 903.3.1.3 – NFPA 13D sprinkler systems.
Section 903.3.1.3 of Chapter 9 of the California Building Code is amended to read as follows:
903.3.1.3 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler systems
installed in one-and two-family detached dwellings and townhouses shall be installed
throughout in accordance with NFPA 13D and State and local standards. Fire sprinkler
protection is required under rear covered patios extending 4 feet perpendicular from the
exterior of the structure.
16.04.220 Reserved
16.04.230 Reserved
16.04.240 Section 903.4.3 - Floor control valves.
Section 903.4.3 of Chapter 9 of the California Building Code is amended to read as follows:
903.4.3 Floor control valves. Automatic sprinkler systems serving buildings two (2) or
more stories in height shall have valves installed so as to control the system
independently on each floor including basements.
16.04.250 Section 905.3.1 Standpipe Systems.
Section 905.3.1 of the California Building Code is amended to read as follows:
905.3.1 Height. A Class I standpipe system shall be installed in buildings 3 or
more stories in height and in below grade occupied levels.
16.04.255 Section 1203.6 Ventilation of weather-exposed enclosed assemblies.
Section 1203.6 of Chapter 12 of the California Building Code is added to read:
1203.6 Ventilation of weather-exposed enclosed assemblies. Exterior projecting
elements and appurtenances exposed to the weather and sealed underneath, including
but not limited to balconies, landings, decks, and stairs, shall have cross ventilation for
each separate enclosed space by ventilation openings protected against the entrance of
rain and snow. Blocking and bridging shall be arranged so as not to interfere with the
movement of air. The net free ventilating area shall not be less than 1/150th of the area of
the space ventilated. Ventilation openings shall comply with Section1203.2.1. An access
panel of sufficient size shall be provided on the underside of the enclosed space to allow
for periodic inspection.
Exceptions:
1. An access panel is not required where the exterior coverings applied to the
underside of joists are easily removable using only common tools.
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2. Removable soffit vents of at least four inches (4”) in width can be used to
satisfy both ventilation and access panel requirements.
16.04.260 Section 1206.3.4 – Roof guardrails at interior courts.
Section 1206.3.4 of Chapter 12 of the California Building Code is added to read:
1206.3.4 Roof guardrails at interior courts. Roof openings into interior courts that
are bounded on all sides by building walls shall be protected with guardrails. The
top of the guardrail shall not be less than 42 inches in height above the adjacent
roof surface that can be walked on. Intermediate rails shall be designed and
spaced such that a 12 inch diameter sphere cannot pass through.
Exception: Where the roof opening is greater than 600 square feet in area.
16.04.265 Section 1406.3.1 Projections exposed to weather.
Section 1406.3.1 of Chapter 14 of the California Building Code is added to read:
1406.3.1 Projections exposed to weather. Floor projections exposed to the weather and
sealed underneath, including but not limited to balconies, landings, decks, and stairs shall
be constructed of naturally durable wood, preservative-treated wood, corrosion-resistant
(e.g. galvanized) steel, or similar approved materials.
16.04.270 Section 1503.2.1 Flashing Locations.
Section 1503.2.1 of Chapter 15 of the California Building Code is amended to read:
1503.2.1 Locations. Flashing shall be installed at wall and roof intersections, gutters,
wherever there is a change in roof slope or direction, and around roof openings. Where
flashing is of metal, the metal shall be corrosion resistant with a thickness of not less than
0.019 inches (0.483 mm) (e.g. no. 26 galvanized sheet) and shall be primed and painted.
16.04.275 Section 1613.5 ASCE 7, Section 13.1.4 Seismic Design Requirements for
Nonstructural Components.
Section 1613.5 of Chapter 16 of the California Building Code is added to include the following:
13.1.4 Exemptions. The following nonstructural components are exempt from the
requirements of this section:
1. Furniture (except storage cabinets as noted in Table 13.5-1).
2. Temporary or movable equipment
3. Architectural components in Seismic Design Category B other than parapets
supported by bearing walls or shear walls provided that the component
importance factor, Ip, is equal to 1.0.
4. Mechanical and electrical components in Seismic Design Category B.
5. Mechanical and electrical components in Seismic Design Category C provided
that the component importance factor, Ip, is equal to 1.0.
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6. Mechanical and electrical components in Seismic Design Categories D, E, or F
where all of the following apply:
a. The component importance factor, Ip, is equal to 1.0;
b. The component is positively attached to the structures;
c. Flexible connections are provided at seismic separation joints and between
the component and associated ductwork, piping, and conduit; and either:
i. The component weighs 400 lb (1,780 N) or less and has a center of
mass located 4 ft (1.22 m) or less above the adjacent floor level; or
ii. The component weights 20 lb (89 N) or less or, in the case of a
distributed system, 5 lb/ft (73 N/m) or less; or
iii. The component weights 200 lb (890N) or less and is suspended
from roof/floor or mounted on wall.
16.04.280 Section 1612.1.1 - Palo Alto Flood Hazard Regulations.
Section 1612.1.1 of Chapter 16 of the California Building Code is added to read:
1612.1.1 Palo Alto Flood Hazard Regulations. Notwithstanding the provisions of
Section 1612.1, all construction or development within a flood hazard area (areas
depicted as a Special Flood Hazard Area on Flood Insurance Rate Maps published
by the Federal Emergency Management Agency) shall comply with the City of Palo
Alto Flood Hazard Regulations (Palo Alto Municipal Code Chapter 16.52). Where
discrepancies exist between the requirements of this code and said regulations,
the provisions of said regulations shall apply.
16.04.290 Section 1705.3 Concrete Construction.
Section 1705.3 of Chapter 17 of the California Building Code is amended to read:
1705.3 Concrete construction. The special inspections and tests of concrete construction
shall be as required by this section and Table 1705.3.
Exception: Special inspections shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less above grade
plane that are fully supported on earth or rock, where the structural design of
the footing is based on a specified compressive strength, f’c, no greater than
2,500 pound per square inch (psi) (17.2 Mpa).
2. Continuous concrete footings supporting walls of buildings three stories or less
above grade plane that are fully supported on earth or rock where:
2.1. The footings support walls of light-frame construction;
2.2. The footings are designed in accordance with Table 1809.7; or
2.3. The structural design of the footing is based on a specified compressive
strength, f ′c, no greater than 2,500 pounds per square inch (psi) (17.2
MPa), regardless of the compressive strength specified in the construction
documents or used in the footing construction.
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3. Nonstructural concrete slabs supported directly on the ground, including pre-
stressed slabs on grade, where the effective pre-stress in the concrete is less
than 150 psi (1.03 MPa).
4. Concrete foundation walls constructed in accordance with Table 1807.1.6.2.
5. Concrete patios, driveways and sidewalks, on grade.
16.04.300 Table 1809.7 Prescriptive Footings Supporting Walls of Light-Frame Construction.
Table 1809.7 of Chapter 18 of the California Building Code is amended to read:
TABLE 1809.7
Prescriptive Footings Supporting Walls of Light-Frame Constructionabcd
Number of
Floors
Supported by
the Footing e
Thickness of
Foundation
Wall
(inches)
Width of
Footing
(inches)
Thickness of
Footing
(inches)
Depth of
Foundation
Below
Natural
Surface of
Ground or
Finish
Grade
(inches)
1&2 8 15 8 20
3 8 18 8 30
Group U
Occupancies 8 12 8 12
ADU
Conversionsf 8 12 8 12
a. The ground under the floor shall be permitted to be excavated to the elevation of
the top of the footing.
b. Interior stud-bearing walls shall be permitted to be supported by isolated footings.
The footing width and length shall be twice the width shown in this table, and
footings shall be spaced not more than 6 feet on center.
c. See Section 1905 for additional requirements for concrete footings of structures
assigned to Seismic Design Category C, D, E or F.
d. All foundations as required in the above Table shall be continuous and have a
minimum of three #4 bars of reinforcing steel, except for one story, detached
accessory buildings of Group U occupancy where two bars are required.
e. Footings shall be permitted to support a roof in addition to the stipulated number
of floors. Footings supporting roof only shall be as required for supporting one
floor.
f. If the existing detached accessory building is being converted to an Accessory Dwelling
Unit (ADU) and the existing foundation is being utilized, then a designer, architect or
engineer shall provide a letter that the existing foundation complies with the conditions
above and is deemed structurally sound.
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16.04.305 Section 1905.1.7 ACI 318, Section 14.1.4.
Section 1905.1.7 of Chapter 19 of the California Building Code is amended to read:
1905.1.7 ACI 318, Section 14.1.4. Delete ACI 318, Section 14.1.4, and replace with the following:
14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E or F.
14.1.4.1- Structures assigned to Seismic Design Category C, D, E or F shall not have
elements of structural plain concrete, except as follows:
(a) Left intentionally blank.
(b) Isolated footings of plain concrete supporting pedestals or columns are permitted,
provided the projection of the footing beyond the face of the supported member
does not exceed the footing thickness.
(c) Plain concrete footings supporting walls are permitted, provided the footings have
at least three continuous longitudinal reinforcing bars not smaller than No. 4, with a
total area of not less than 0.002 times the gross cross-sectional area of the footing
except for one story, detached accessory buildings of Group U occupancy where two
bars are required. A minimum of one bar shall be provided at the top and bottom of
the footing. Continuity of reinforcement shall be provided at corners and
intersections.
16.04.310 Section 2308.6 Wall Bracing. Section 2308.6 of Chapter 23 of the California
Building Code is amended to read:
. . .
2308.6.4 Braced Wall panel construction. For Methods DWB, WSP, SFB, PBS, PCP and
HPS, each panel must be not less than 48 inches (1219 mm) in length, covering three
stud spaces where studs are spaced 16 inches (406 mm) on center and covering two
stud spaces where studs are spaces 24 inches (610 mm) on center. Braced wall panels
less than 48 inches (1219 mm) in length shall not contribute toward the amount of
required bracing. Braced wall panels that are longer than the required length shall be
credited for their actual length.
Vertical joints of panel sheathing shall occur over studs and adjacent panel joints
shall be nailed to common framing members. Horizontal joints shall occur over blocking
or other framing equal in size to the studding except where waived by the installation
requirements for the specific sheathing materials. Sole plates shall be nailed to the floor
framing in accordance with Section 2308.7 and top plates shall be connected to the
framing above in accordance with Section 2308.6.7.2. Where joists are perpendicular to
braced wall lines above, blocking shall be provided under and in line with the braced
wall panels.
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2019 Code Cycle ORD Amending Ch. 16.04 Building Code
2308.6.5 Alternate bracing. An alternate braced wall (ABW) or a portal frame with
hold-downs (PFH) described in this section is permitted to substitute for a 48-inch (1219
mm) braced wall panel of Method DWB, WSP, SFB, PCP or HPS.
Subsections 2308.6.1 through 2308.6.3 are unchanged.
16.04.315 Table 2308.6.1 – footnote b amended. Footnote “b” of table 2308.6.1 of Chapter
23 of the California Building Code is amended to read:
b. Method GB, gypsum wallboard is prohibited in Seismic Design Categories D & E.
16.04.317 Table 2308.6.3(1) Bracing Methods. Table 2308.6.3(1) – Bracing Methods of
Chapter 23 of the California Building Code is amended to add footnote “b” as follows:
Table 2308.6.3(1)
BRACING METHODS
METHODS,
MATERIAL
MINIMUM
THICKNESS
FIGURE CONNECTION CRITERIAa
Fasteners Spacing
b. Method GB, gypsum wallboard is prohibited in Seismic Design Categories D & E.
16.04.320 Section 2308.9 Attachment of sheathing. Section 2308.9 of Chapter 23 of the
California Building Code is added to read:
2308.9 Attachment of sheathing. Fastening of braced wall panel sheathing shall not be
less than that prescribed in Table 2308.6.3(1) or 2304.10.1 Wall sheathing shall not be
attached to framing members by adhesives.
All braced wall panels shall extend to the roof sheathing and shall be attached to
parallel roof rafters or blocking above with framing clips (18 gauge minimum)
spaced at maximum 24 inches on center with four 8d nails per leg (total eight-8d
nails per clip). Braced wall panels shall be laterally braced at each top corner and
at maximum 24 inch intervals along the top plate of discontinuous vertical
framing.
16.04.322 Chapter 31B – Public Pools. Chapter 31B of the California Building Code has been
adopted in its entirety.
The California Building Code, Chapter 31B shall apply to the construction, installation, renovation,
alteration, addition, relocation, replacement or use of any public pool and its ancillary facilities,
mechanical equipment and related piping.
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2019 Code Cycle ORD Amending Ch. 16.04 Building Code
16.04.325 Section 3304.1 Excavation and fill.
Section 3304.1 of Chapter 33 of the California Building Code is amended to read:
3304.1 Excavation and fill. Excavation and fill for buildings and structures shall be
constructed or protected so as not to endanger life or property. Stumps and roots shall be
removed from the soil to a depth of not less than 12 inches (305mm) below the surface of
the ground in the area to be occupied by the building. Wood forms that have been used in
placing concrete, if within the ground or between foundation sills and the ground, shall be
removed before a building is occupied or used for any purpose. Wooden stakes shall notbe
embedded in concrete. Before completion, loose or casual wood shall be removed from
direct contact with the ground under the building.
16.04.330 2019 California Existing Building Code Adopted.
The California Existing Building Code, 2019 Edition, Title 24, Part 10, which provides alternative
building regulations for the rehabilitation, preservation restoration or relocation of existing buildings
is adopted and hereby incorporated in this Chapter be reference and made a part hereof the same
as if fully set forth herein. One copy of the California, 2019 Edition, has been filed for use and
examination of the public in the Office of the Building Official of the City of Palo Alto.
16.04.335 2019 California Existing Building Code and International Existing Building
Code Appendix Chapters Adopted.
The following Appendix Chapters of the California Existing Building Code (CEBC), 2019
Edition, and International Existing Building Code (IEBC), 2018 Edition, are adopted and
hereby incorporated in this Chapter be reference and made a part hereof the same as if fully
set forth herein:
A. CEBC Appendix A1 – Seismic Strengthening Provisions for Unreinforced Masonry
Bearing Wall Buildings
B. IEBC Appendix Chapter A2 – Earthquake Hazard Reduction in Existing Reinforced Concrete
and Reinforced Masonry Wall Buildings with Flexible Diaphragms.
C. CEBC Appendix A3 – Prescriptive Provisions for Seismic Strengthening of Cripple
Walls and Sill Plate Anchorage of Light, Wood-Frame Residential Buildings
D. CEBC Appendix A4 – Earthquake Risk Reduction in Wood-Frame Residential Buildings
with Soft, Weak or Open Front Walls
E. CEBC Appendix A5 – Referenced Standards
16.04.340 Section 503.17 – Suspended ceiling systems.
Section 503.17 of the California Existing Building Code, Title 24, Part 10 is added to read:
503.17 Suspended ceiling systems. In existing buildings or structures, when a
permit is issued for alterations or repairs, the existing suspended ceiling system
within the area of the alterations or repairs shall comply with ASCE 7-16 Section
13.5.6.
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2019 Code Cycle ORD Amending Ch. 16.04 Building Code
16.04.345 Section 503.18 - Mechanical and electrical equipment in Seismic Design Categories
D, E, or F. Section 503.18 of the California Existing Building Code, Title 24, Part 10 is added to read:
503.18 Mechanical and electrical equipment in Seismic Design Categories D, E, or F . In
existing buildings or structures, when a permit is issued for alteration or repairs, the existing
mechanical and electrical equipment on the area of the roof shall comply with ASCE 7-16
Section 13.4 Nonstructural Component Anchorage.
16.04.350 Section 405.2.3.1 – Seismic Evaluation and Design Procedures for Repairs. Section
405.2.3.1 of the California Existing Building Code, Title 24, Part 10 is amended to read:
405.2.3.1 Evaluation and design procedures. The building shall be evaluated by a
registered design professional, and the evaluation findings shall be submitted to
the code official. The evaluation shall establish whether the damaged building, if
repaired to its pre-damage state, would comply with the provisions of the
California Building Code for load combinations that include wind or earthquake
effects, except that the seismic forces shall be reduced seismic forces. Evaluation
for earthquake loads shall be required if the substantial structural damage was
caused by or related to earthquake effects or if the building is in Seismic Design
Category C, D, E or F. The seismic evaluation and design shall be based on the
procedures specified in the building code, ASCE 41 Seismic Evaluation and
Upgrade of Existing Buildings. The procedures contained in Appendix A of the
International Existing Building Code (IEBC) shall be permitted to be used as
specified in Section 405.2.3.1.
Wind loads for this evaluation shall be those prescribed in Section 1609.
405.2.3.1.1 CEBC level seismic forces. When seismic forces are required to meet
the building code level, they shall be one of the following:
1. One hundred percent of the values in the building code. The R factor used
for analysis in accordance with Chapter 16 of the building code shall be the
R factor specified for structural systems classified as "Ordinary" unless it
can be demonstrated that the structural system satisfies the proportioning
and detailing requirements for systems classified as "intermediate" or
"special".
2. Forces corresponding to BSE-1 and BSE-2 Earthquake Hazard Levels
defined in ASCE 41. Where ASCE 41 is used, the corresponding
performance levels shall be those shown in Table 405.2.3.1.
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2019 Code Cycle ORD Amending Ch. 16.04 Building Code
TABLE 405.2.3.1
ASCE 41 PERFORMANCE LEVELS
RISK CATEGORY (BASED ON
CBC TABLE 1604.5)
PERFORMANCE LEVEL FOR USE WITH ASCE 41
BSE-1 EARTHQUAKE HAZARD LEVEL
PERFORMANCE LEVEL FOR USE WITH
ASCE 41 BSE-2 EARTHQUAKE HAZARD
LEVEL *
I Life Safety (LS) Collapse Prevention (CP)
II Life Safety (LS) Collapse Prevention (CP)
III Damage Control Limited Safety
IV Immediate Occupancy (IO) Life Safety (LS)
* Only applicable when Tier 3 procedure is used.
405.2.3.1.1 Reduced CEBC level seismic forces. When seismic forces are permitted to meet
reduced building code levels, they shall be one of the following:
1. Seventy-five percent of the forces prescribed in the building code. The
R factor used for analysis in accordance with Chapter 16 of the building
code shall be the R factor as specified in Section 405.2.3.1.1.
2. In accordance with the California Existing Building Code and applicable
chapters in Appendix A of the International Existing Building Code, as
specified in Items a. through e. below. Structures or portions of
structures that comply with the requirements of the applicable chapter
in Appendix A shall be deemed to comply with the requirements for
reduced building code force levels.
a. The seismic evaluation and design of unreinforced masonry
bearing wall buildings in Risk Category I or II are permitted to be
based on the procedures specified in CEBC Appendix Chapter A1.
b. Seismic evaluation and design of the wall anchorage system in
reinforced concrete and reinforced masonry wall buildings with
flexible diaphragms in Risk Category I or II are permitted to be
based on the procedures specified in IEBC Appendix Chapter A2.
c. Seismic evaluation and design of cripple walls and sill plate
anchorage in residential buildings of light-frame wood
construction in Risk Category I or II are permitted to be based on
the procedures specified in CEBC Appendix Chapter A3
d. Seismic evaluation and design of soft, weak, or open-front wall
conditions in multi-unit residential buildings of wood construction
in Risk Category I or II are permitted to be based on the
procedures specified in CEBC Appendix Chapter A4.
e. Seismic evaluation and design of concrete buildings and concrete
with masonry infill buildings in all risk categories are permitted to
be based on the procedures specified in IEBC Appendix Chapter
A5.
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2019 Code Cycle ORD Amending Ch. 16.04 Building Code
3. Those associated with the BSE-1 Earthquake Hazard Level defined in
ASCE 41 and the performance level as shown in Table 405.2.3.1. Where
ASCE 41 is used, the design spectral response acceleration parameters
SXS and SX1 shall not be taken less than seventy-five percent of the
respective design spectral response acceleration parameters SDS and
SD1 defined by the California Building Code and its reference standards.
16.04.355 2019 California Historical Building Code adopted.
The California Historical Building Code, 2019 Edition, Title 24, Part 8 (authorized by Health and
Safety Code Sections 18950 through 18961), which provides alternative building regulations for
the rehabilitation, preservation, restoration, or relocation of designated historic buildings, is
adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as
if fully set forth herein. One copy of the California Historical Building Code, 2019 Edition, has been
filed for use and examination of the public in the Office of the Building Official of the City of Palo
Alto.
SECTION 2. The Council adopts the findings for local amendments to the California Building
Code, 2019 Edition, attached hereto as Exhibit “A” and incorporated herein by reference.
SECTION 3. The Council finds that this ordinance is exempt from the provisions of the California
Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because
it can be seen with certainty that there is no possibility that the amendments herein adopted will
have a significant effect on the environment.
//
//
//
//
//
//
//
//
//
//
//
20
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
SECTION 4. This Ordinance shall be effective on the thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Deputy City Attorney City Manager
Director of Planning and Development
Services
Director of Administrative Services
21
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
Exhibit A
FINDINGS FOR LOCAL AMENDMENTS
TO CALIFORNIA BUILDING CODE AND
CALIORNIA EXISTING BUILDING CODE
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 change 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.
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.
Code: CBC
Section Title Add Amended Deleted Justification
(See below for
keys)
101.1 Title T
105.5 Expiration T
109.6 Refunds T
501.2 Address Identification T
702A Wild Land-Urban Interface Fire Area T
902.1 Definition (Dual Sensor Carbon
Monoxide and Smoke Alarm)
- T
903.2 Where Automatic Sprinklers Required T
903.3.1.1 NFPA 13 Sprinkler Systems T
903.3.1.2 NFPA 13R Sprinkler Systems T
903.3.1.3 NFPA 13D Sprinkler Systems T
903.4.3 Floor Control Valves T
905.3.1 Standpipe Systems T
907.2.11 Single- and Multiple-Station Smoke
Alarms
T
1203.6.1 Ventilation of Weather-Exposed,
Enclosed Assemblies
G, T
1206.3.4 Roof Guardrails at Interior Courts T
1404.13 Projections Exposed to Weather G, T
1503.2.1 Flashing Locations T
22
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
1612.1.1 Palo alto Flood Hazard Regulations C, T
1616.10.15 ASCE 7 Sec. 13.1.4 G
1705.3 Concrete Construction G
Table 1809.7 Prescriptive Footings Supporting
Walls of Light Frame Construction
G,T
16.04.305 ACI 318, Section 14.1.4 G, T
2308.6 Wall Bracing G
2308.6.4 Braced wall panel construction G
2308.6.5 Alternate bracing G
Table 2306.1 &
Table
2308.6.3(1)
Wall Bracing in Seismic Design
Categories D & E
G
2308.9 Attachment of Sheathing G
Chapter 31B Public Pools G
3405.2.1 Evaluation and Design Procedures T
Appendix H Signs G, T
Appendix I Patio Covers C
Appendix J;
section J109.4
Drainage Across Property Lines T
Appendix O Emergency Housing C, G, T
Code: CEBC
Section Title Add Amended Deleted Justification
(See below for
keys)
403.13 Excavation and fill G
404.2.1 Suspended Ceiling Systems G
503.18 Mechanical and electrical equipment
in Seismic Design Categories D, E, or F
G
CEBC Appendix
A1
Seismic Strengthening Provisions for
Unreinforced Masonry Bearing Wall
Buildings
G
IEBC Appendix
A2
Earthquake Hazard Reduction in
Existing Reinforced Concrete and
Reinforced Masonry Wall Buildings
with Flexible Diaphragms.
G
CEBC Appendix
A3
Prescriptive Provisions for Seismic
Strengthening of Cripple Walls and Sill
Plate Anchorage of Light, Wood-Frame
Residential Buildings
G
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2019 Code Cycle ORD Amending Ch. 16.04 Building Code
CEBC Appendix
A4
Earthquake Risk Reduction in Wood-
Frame Residential Buildings with Soft,
Weak or Open Front Walls
G
IEBC Appendix
A5
Earthquake Hazard Reduction in
Existing Concrete Buildings
G
24
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
Key to Justification for Amendments to Title 24 of the California Code of Regulations
C This amendment is justified on the basis of a local climatic condition. The seasonal climatic
conditions during the late summer and fall create severe fire hazards to the public health
and welfare in the City. The hot, dry weather frequently results in wild land fires on the
brush covered slopes west of Interstate 280. The aforementioned conditions combined
with the geological characteristics of the hills within the City create hazardous conditions
for which departure from California Building Standards Code is required.
G This amendment is justified on the basis of a local geological condition. The City of Palo
Alto is subject to earthquake hazard caused by its proximity to San Andreas fault. This
fault runs from Hollister, through the Santa Cruz Mountains, epicenter of the 1989 Loma
Prieta earthquake, then on up the San Francisco Peninsula, then offshore at Daly City near
Mussel Rock. This is the approximate location of the epicenter of the 1906 San Francisco
earthquake. The other fault is Hayward Fault. This fault is about 74 mi long, situated
mainly along the western base of the hills on the east side of San Francisco Bay. Both of
these faults are considered major Northern California earthquake faults which may
experience rupture at any time. Thus, because the City is within a seismic area which
includes these earthquake faults, the modifications and changes cited herein are designed
to better limit property damage as a result of seismic activity and to establish criteria for
repair of damaged properties following a local emergency.
T The City of Palo Alto topography includes hillsides with narrow and winding access, which
makes timely response by fire suppression and emergency response vehicles difficult. Palo
Alto is contiguous with the San Francisco Bay, resulting in a natural receptor for storm and
waste water run-off. Also the City of Palo Alto is located in an area that is potentially
susceptible to liquefaction during a major earthquake. The surface condition consists mostly
of stiff to dense sandy clay, which is highly plastic and expansive in nature. The
aforementioned conditions within the City create hazardous conditions for which departure
from California Building Standards Code is warranted.
City of Palo Alto (ID # 11599)
City Council Staff Report
Report Type: Consent Calendar Meeting Date: 10/26/2020
City of Palo Alto Page 1
Summary Title: 567 Maybell: Housing In-Lieu Fee and Development Impact
Fee Payment Modification
Title: QUASI-JUDICIAL. 567 Maybell Avenue [15PLN-00248]: Adoption of a
Resolution Authorizing the City Manager to Amend an Existing Agreement
Securing a Lien for the Deferral of Affordable Housing In-lieu Fees and
Development Impact Fees for a Project That Includes the Development of 16
Single-family Homes. The Applicant Proposes Payment of Fees in
Installments, Prior to Final Occupancy. Environmental Assessment: Not a
Project. Zoning Districts R-2 and RM-15
From: City Manager
Lead Department: Planning and Development Services
Recommendation
Staff recommends that Council adopt the Resolution in Attachment A authorizing the City
Manager or his designee to execute Amendment No. 2 to the Agreement between the City of
Palo Alto and Golden Gate Homes, LLC, securing a lien for the deferral of Development Impact
Fees and/or Housing In-Lieu fees. The proposed Amendment No. 2 (Attachment B) amends the
timing of the deferred affordable housing in-lieu fee and development impact fee payments for
the subject property.
Summary
The PTC, ARB, and City Council previously reviewed the approved project, which includes
construction of sixteen single-family homes. The project requires payment of development
impact fees and affordable housing in-lieu fees in accordance with Chapters 16.58, 16.59,
16.60, 16.64 and 16.65. As part of the project approval, Council authorized the payment of
affordable housing in-lieu fees instead of requiring on-site affordable housing units;1 the
1 The City’s current BMR ordinance, which went into effect in 2017 after the subject project was approved,
expresses a strong preference for the construction of affordable units. PAMC Section 16.65.080 sets forth
alternative means for compliance
City of Palo Alto Page 2
current housing in-lieu fee estimate is $4,934,239. In addition, the current development impact
fees estimate is $1,196,126.
In August 2018, the City Manager approved the developer’s request to defer payment of
development impact fees, requiring payment prior to issuance of final occupancy of the first
home. Consistent with PAMC Section 16.64.030, this approval required recordation of an
agreement placing a lien on the property, which is included in Attachment D.
PAMC Section 16.65.060 states that affordable housing in-lieu fees must be paid prior to
issuance of a building permit unless Council specifies an alternative timing by ordinance or
resolution. In October 2018, Council adopted Resolution 9794 (Attachment E) authorizing the
City Manager to amend the Agreement, allowing 90 percent (90%) of the housing in-lieu fees to
also be deferred to final occupancy of the first residence. The amended Agreement
(Amendment No. 1) is provided in Attachment C.
The applicant now requests Council approval of a Resolution authorizing a second amendment
to the agreement. The applicant’s request is included in Attachment F. The amendment would
modify the timing of payment for development impact fees and the remaining housing-in-lieu
fees. The applicant requests approval to pay these fees in installments, based on final
occupancy for the first, fifth, and tenth residence in this 16-unit development. Consistent with
the adopted resolution and previously executed agreements, the required fees would be
calculated based on the rates in effect at the time of payment and the amount due would
increase by four percent (4%) compounded annually from the date the building permit was
issued.
Discussion
Development impact fees, generally, are in place to defray the costs of direct impacts a new
development has on the City’s infrastructure or services. The fees are set forth in the City’s
Municipal Fee Schedule and updated annually based on the construction cost index for the San
Francisco Bay Area. Fees are assessed based on net new square footage, net new units, and net
new vehicular peak hour trips. They are typically due at the time of building permit issuance.
The City also requires developers of ownership housing to construct on-site below market rate
units or provide some alternative means of compliance, including payment of fees in-lieu of
BMR construction. Council authorized the payment of affordable housing in-lieu fees for this
development instead of requiring on-site affordable housing units.
At the time of Council approval, the housing in-lieu fees were estimated to be $4,771,350. In
accordance with Council’s Resolution in Attachment E, the applicant was required to pay ten
percent (10%) of the housing in-lieu fees prior to issuance of the building permit. The applicant
City of Palo Alto Page 3
paid this 10% fee ($477,135) in November 2018 (FY 2019) prior to issuance of the building
permit. The remaining balance of deferred housing in-lieu fees (90%) was $4,294,215.
Council’s resolution stipulates that any deferred housing in-lieu fees be calculated at the rates
in effect at the time of payment and that the amount due also be increased by four percent
(4%), compounded annually, for each year that the fees are deferred. Based on this calculation,
the deferred housing in-lieu fees that would have been due in 2018 ($4,294,215)2 increased to
$4,503,3823 in fiscal year 2020 and are now currently estimated at $4,934,2394.
Development impact fees (as distinguished from housing in-lieu fees) were also deferred to
final occupancy of the first residence. These fees are required to be paid at the rates in effect
at the time of payment but are not currently subject to any additional interest. The applicant’s
current proposal includes interest on development impact fees and staff recommends that 4%
interest on these fees be compounded annually from the date the building permit was issued in
2018. Table 1 shows the development impact fee estimate at the time of building permit
issuance (FY 2019) and calculates how that fee increased over the last two years based on the
rates in effect for each fiscal year and the addition of 4% compounded interest. The
development impact fees were calculated based on a net total of 12 units because the 16-unit
development replaces four existing units. The column for fiscal year 2021 reflects the current
fees due.
2 The adopted Fiscal Year 2019 Municipal Fee Schedule can be found here:
https://www.cityofpaloalto.org/civicax/filebank/documents/66147
3 Fiscal Year 2020 Municipal Fee Schedule can be found here:
https://www.cityofpaloalto.org/civicax/filebank/documents/73099
4 The adopted Fiscal Year 2021 Municipal Fee Schedule can be found here:
https://www.cityofpaloalto.org/civicax/filebank/documents/78473
City of Palo Alto Page 4
Table 1: Development Impact Fee Summary
FY 2019 FY 2020 FY 2021
Community Center Fee $38,352 $41,446 $45,414
Libraries Fee $13,404 $14,052 $15,406
Public Safety Fee $12,864 $13,491 $14,783
General Government Fee $16,212 $16,998 $18,625
Charleston/Arastradero
Corridor Fee $16,212 $16,998 $18,625
Citywide Transportation Fee $44,400 $98,417 $107,844
Parkland Dedication Fee $751,004 $757,587 $862,942
Public Art Fee $104,000 $108,160 $112,486
Total Fees Due $996,448 $1,097,149 $1,196,126
Summary of Key Issues
Deferring the in-lieu housing payment impacts the City in two principal ways. First, the money is
not readily available to the City should it elect to support a below market rate housing
development within the deferral timeframe. Second, the City loses out on any interest earned
within the deferral timeframe (though this is partially offset by annual increases in the fee
rates).
To bridge any shortcoming that could result from further deferral of development impact fees
and housing in-lieu fees, the applicant proposes the following:
• Pay $2,640,000 of the remaining housing in-lieu fees and one-third of the
development impact fees prior to final occupancy of the first home
• Divide the remaining balance of housing in-lieu fees and development impact fees
into two additional payments payable prior to final occupancy of the fifth home and
prior to final occupancy of the tenth home
• All deferred fees shall be paid based on the rate in effect at the time of payment
increased by an interest rate of four percent (4%), compounded annually, for each
year that the fees have been deferred
• All fees shall be paid no later than December 31, 2021
On January 13, 2020, Council reallocated $2,638,993 from the housing in-lieu and impact fee
funds for an affordable housing project at 3705 El Camino Real (Wilton Court Apartments) (CMR
10928). These funds were previously reserved for a potential teacher housing project on Grant
Avenue and were intended to be replenished with the first home sold at the subject property.
The pandemic delayed construction, subsequent real estate transactions and therefore the
City of Palo Alto Page 5
restoration of these funds. The proposed payment schedule provides an initial payment enough
to cover the City’s $3 million pledge toward the future County project.
The remaining fees would be paid prior to final occupancy of the fifth and tenth residence
within the development. All remaining housing in-lieu fees and development impact fees would
be evenly split between those two payments. Consistent with Council’s previous stipulations
regarding housing in-lieu fees, this Resolution and Amendment to the Agreement would require
that any deferred fees be paid based on the fees in effect at the time of payment and subject to
an annual 4% compounded interest.
With the proposed provisions included in the lien agreement and associated amendments
(Attachments A, B and C), staff supports this payment deferral request.
Policy Implications
The City continues to promote and advance policy initiatives to encourage housing
development, consistent with the Comprehensive Plan. The applicant has indicated that the
pandemic has resulted in unexpected burdens with respect to construction costs, delays and
the sale of the homes, as discussed further in the applicant’s request letter in Attachment F.
Council’s approval of this request supports the applicant’s effort for a timely completion of all
sixteen units, which are currently under construction. Without this approval, the property
owner has expressed the potential need to pause construction on some of the homes until
revenue is available from the sale of completed units.
Resource Impact
At the time of building permit issuance (FY 2019) housing in-lieu fees totaled $4,294,215. Due
to rate increases and compounded interest, the current housing in-lieu fees total $4,934,239.
With approval of the proposed amendment, the developer would pay $2.64 million into the
residential housing in-lieu fund prior to final occupancy of the first residence. The property
owner anticipates that this will occur within the 60 days. The remaining housing in-lieu fees,
totaling $2,294,239 would be paid in two installments as described further below.
At the time of building permit issuance, the development impact fees totaled approximately
$980,081. Due to annual rate increases and compounded interest, the current development
impact fee estimate is $1,196,126.
Timeline
The following table summarizes the timing of payment of each fee. Note that the fee estimates
provided below are based on the current fees in effect (FY 2021) and compounded interest to
date. Should fees be deferred to FY 2022, any deferred payments would increase accordingly
City of Palo Alto Page 6
based on the rate in effect at the time of payment and another 4% compounded interest on any
remaining fees. Because Council has not yet adopted the Municipal Fee Schedule for FY 2022,
the total amount due if one or more payments are deferred to FY 2022 cannot be assessed at
this time. All fees shall be paid no later than December 31, 2021.
Table 2: Summary of Payment Timing for Deferred Housing In-Lieu and Development
Impact Fees
Timing Housing In-Lieu fee Estimate Due Development Impact
fee Estimate Due
Final occupancy of the first
unit (anticipated November
2020)
$2,640,000 $398,709
Final occupancy of the fifth
unit (anticipated April 2021)
$1,147,119 $398,709
Final occupancy of the tenth
unit or December 31, 2021
(whichever is sooner)
$1,147,119 $398,709
Environmental Review
In accordance with the California Environmental Quality Act (CEQA) 15061(b)(3), the activity is
covered by the general rule that CEQA applies only to projects, which have the potential for
causing a significant effect on the environment. Where it can be seen with certainty that there
is no possibility that the activity in question may have a significant effect on the environment,
the activity is not subject to CEQA. The project involves the execution of an agreement between
the City and the applicant and this action would no direct or in-direct effect on the
environment.
Attachments:
Attachment A: Resolution Modifying Timing of Impact Fee Payment
Attachment B: Draft Amendment No.2 to Existing Agreement Creating a Lien for Deferral of
Impact Fees
Attachment C: Amendment No. 1 to Existing Agreement Creating a Lien For Deferral of
Impact Fees
Attachment D: Existing Agreement Creating a Lien for Deferral of Impact Fees
Attachment E: Existing Resolution for Deferral of Impact Fee Payment (Reso 9794)
Attachment F: Applicant's Request for Modification to Timing of Payment
1
** NOT YET ADOPTED **
DRAFT
Resolution No. ___
Resolution of the Council of the City of Palo Alto Authorizing the City
Manager or Designee to Execute Amendment No.2 to a Lien to Secure
Deferred Payment of Development Impact Fees And/or In-Lieu Fees
for 567 Maybell
RECITALS
A. Golden Gate Homes, LLC, (“Developer”) is the owner of that certain tract of land
situated in the City of Palo Alto, County of Santa Clara, State of California, generally known and
described as 567 Maybell, Palo Alto, California (the "Property"); and
B. On or about June 28, 2017 and August 24, 2017, City approved Developer’s
application(s) for Tentative Map and Architectural Review, respectively, subject to conditions of
approval including the payment of development impact fees and/or in-lieu fees under Chapter
16.64 of the Palo Alto Municipal Code (“PAMC”).
C. On or about August 15, 2018, City Manager approved Developer’s request to
defer payment of development impact fees and the Parties executed the AGREEMENT.
D. On or about October 15, 2018, Council adopted Resolution 9794 approving the
Developer’s request to defer payment of below market housing in-lieu fees pursuant to Section
16.65.060 and amending the AGREEMENT, subject to conditions.
D. Pursuant to PAMC Section 16.65.060, below market rate housing in-lieu fees
must be paid prior to issuance of any building permit for a development project, unless
otherwise specified by City Council ordinance or resolution.
E. Developer has requested that the time of payment for below market rate
housing in-lieu fees and development impact fees be deferred and paid in installments prior to
the date a final occupancy permit is issued for the first, fifth and tenth unit in this sixteen unit
development.
SECTION 1. The City Manager is hereby authorized to execute an agreement
deferring below market rate housing in-lieu fees for Architectural Review Approval No. 15PLN-
00248 and Tentative Map Approval No. 15PLN-00270 to allow payment in installments prior to
the date a final occupancy permit is issued for the first, fifth and tenth unit in this sixteen unit
development, subject to 4% interest compounded annually for each year of deferral. In no
event shall fees be deferred beyond December 31, 2021.
SECTION 2. The Council finds that this is not a project under the California
Environmental Quality Act and, therefore, no environmental impact assessment is necessary.
2
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning & Development Services
______________________________
Director of Administrative Services
This document is recorded for the
benefit of the City of Palo Alto
and is entitled to be recorded
free of charge in accordance with
Section 6103 of the Government Code
After Recordation, mail to:
OFFICE OF THE CITY ATTORNEY
250 Hamilton Avenue
Palo Alto, CA 94301
AMENDMENT NO. 2 TO AGREEMENT CREATING A LIEN
TO SECURE PAYMENT OF DEFERRED PAYMENT OF
DEVELOPMENT IMPACT FEES AND/OR IN-LIEU FEES
ADDRESS: 567 Maybell Avenue, PALO ALTO, CA
A.P.N. Nos. 137-25-108 & 137-25-109
This Amendment No. 2 (“AMENDMENT”) to the above-referenced Agreement, recorded in the Official
Records of Santa Clara County as Instrument No. 24049742, (“AGREEMENT”), as amended by
Instrument No. 24058571, is entered into on ___________ by and between the CITY OF PALO ALTO, a
California charter municipal corporation ("City"), and GOLDEN GATE HOMES, LLC, a California
Limited Liability Company ("Developer") to secure the payment of deferred development impact fees and
or in-lieu fees.
RECITALS
A. Developer is the owner of that certain tract of land situated in the City of Palo Alto, County of
Santa Clara, State of California, generally known and described as 567 Maybell, Palo Alto,
California (the "Property"); and
B. On or about June 28, 2017 and August 24, 2017, City approved Developer’s application(s) for
Tentative Map and Architectural Review, respectively, subject to conditions of approval
including the payment of development impact fees and/or in-lieu fees under Chapter 16.64 of the
Palo Alto Municipal Code (“PAMC”).
C. On or about August 15, 2018, City’s Director of Planning and Community Environment approved
Developer’s request to defer payment of development impact fees and the Parties executed the
AGREEMENT.
D. On or about October 15, 2018 the Palo Alto City Council adopted Resolution No. 9794,
approving Developer’s request to defer payment of below market housing in-lieu fees pursuant to
PAMC Section 16.65.060 and executed Amendment No. 1 to the AGREEMENT.
E. In November 2018, Developer paid $477,135, representing 10% of the housing in-lieu fees due at
that time, pursuant to the AGREEMENT, as amended by Amendment No. 1.
F. The Parties wish to amend the AGREEMENT.
NOW, THEREFORE, for and in consideration of the approval and covenants contained herein and other
good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows:
1. Section 1 of the AGREEMENT, Deferral of Fees is hereby amended to read as follows:
1. Deferral of Fees. Pursuant to PAMC Section 16.64.030 and City
Council Resolution ______, payment of the development impact fees and in-
lieu fees identified in Exhibit B shall be deferred as follows:
a. Prior to the date of final occupancy approval for the first
completed unit, Developer shall pay $2,640,000 in housing in-
lieu fees. Prior to the date of final occupancy approval for the
fifth (5th) completed unit, Developer shall pay one-half of the
then-outstanding housing in-lieu fees. Prior to the date of final
occupancy approval for the tenth (10th) completed unit,
Developer shall pay all remaining housing in-lieu fees.
b. Developer shall pay development impact fees for the Project in
approximately equal one-third (1/3) installments prior to the
dates of final occupancy for the first, fifth and tenth completed
units.
c. In no event shall the payment of any fee be deferred beyond
December 31, 2021.
d. The amount of outstanding housing in-lieu fees and
development impact fees shall be calculated using the rates in
effect at the time of payment, with an additional four percent
(4%) increase, compounded annually from the date of building
permit issuance.
2. The following Exhibit(s) to the AGREEMENT is/are hereby amended to read as set forth in
the attachments to this Amendment, which are incorporated in full by this reference:
a. Exhibit “B” entitled “DEFERRED DEVELOPMENT IMPACT FEES AND/OR IN-
LIEU FEES”
3. Except as herein modified, all other provisions of the AGREEMENT, including any exhibits
and amendments thereto, shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed in
duplicate the day and year first above written.
CITY OF PALO ALTO Developer
____________________________ ______________________________
Name: ______________________
City Manager Title: _______________________
APPROVED AS TO FORM:
____________________________
Albert S. Yang
Assistant City Attorney
APPROVED AS TO CONTENT:
___________________________
Jonathan Lait
Director of Planning and Development Services
EXHIBIT B
DEFERRED DEVELOPMENT IMPACT FEES AND/OR IN-LIEU FEES
Name of Fee Estimated Amount of Fee (As of October 2020)
Public Art In-Lieu $112,486.40
Community Centers $45,414.22
Libraries $15,406.31
Public Safety $14,783.31
General Government $18,625.15
Charleston/Arastadero Traffic $18,625.15
Citywide Traffic $107,844.71
Parkland Dedication $862,941.71
Sub-Total: $1,196,126.43
Affordable Housing (In-lieu) (90% deferred since
November 2018)
To be paid prior to issuance of final occupancy for
the first unit
To be paid prior to issuance of final occupancy for
the fifth unit (approximately)
To be paid prior to issuance of final occupancy for
the tenth unit (approximately)
$4,934,239
$2,640,000
$1,147,119.35
$1,147,119.35
Total Deferred: $6,130,365.43
Amounts provided are estimates based on the rates in effect as of October 2020. Fees are payable at
the rates in effect on the date of payment.
State of _____________________
County of ___________________
On the _______________________ before me, ______________________a Notary Public,
personally appeared _______________________________________________, who
proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed the same in
his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the
person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing
paragraph is true and correct.
WITNESS my hand and official seal.
Signature: ________________________
Name: ________________________
(Typed or Printed) (Seal)
A notary public or other officer completing this certificate verifies only the identity of the
individual who signed the document to which this certificate is attached, and not the
truthfulness, accuracy, or validity of that document.
DocuSign Envelope ID: 2289F86D-C384-4ACC-951C-7EDC7982379E
Resolution No. 9794
Resolution of the Council of the City of Palo Alto
Authorizing the City Manager or Designee to Execute an Agreement
Deferring Affordable Housing In-Lieu Fees for 567 Maybell
RECITALS
A. Golden Gate Homes, LLC, ("Developer'') is the owner of that certain tract of land
situated in the City of Palo Alto, County of Santa Clara, State of California, generally known and
described as 567 Maybell, Palo Alto, California (the "Property"); and
B. On or about June 28, 2017 and August 24, 2017, City approved Developer's
application(s) for Tentative Map and Architectural Review, respectively, subject to conditions of
approval including the payment of development impact fees and/or in-lieu fees under Chapter
16.64 of the Palo Alto Municipal Code ("PAMC"). . .
C. On or about October 15, 2018, City Manager approved Developer's request to
defer payment of development impact fees and the Parties executed the AGREEMENT.
D. Pursuant to PAMC Section 16.65.060, below market rate housing in-lieu fees
must be paid prior to issuance of any building permit for a development project, unless
otherwise specified by City Council ordinance or resolution.
E. Developer has requested that the time of payment for below market rate
housing in-lieu fees be deferred until the date a final occupancy permit is issued.
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. The City Manager is hereby authorized to execute an agreement
deferring below market rate housing in-lieu fees for Approval of Architectural Review
application 15PLN-00248 and the Tentative Map approved by Record of Land Use Action No.
2016-4. Ten percent (10%) of the below market rate housing in-lieu fees shall be paid prior to
issuance of a building permit; the remainder shall be deferred to the date of final occupancy
approval for the first completed unit of the project. The deferred fees shall be calculated at the
rates in effect at the time of payment; in addition, the amount due shall be increased by four
percent (4%), compounded annually, for each year that the fees are deferred.
II
II
II
II
121009
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/26/20181:44:47 PM
Certified Delivered Security Checked 10/28/2018 9:33:27 PM
Signing Complete Security Checked 10/28/2018 9:33:33 PM
Completed Security Checked 10/28/2018 9:33:33 PM
Payment Events Status Timestamps
Explore Real Estate
2625 Middlefield Rd, #101
Palo Alto, CA 94306
650.813.1077
October 1, 2020
Jonathan Lait, Director of Planning
Planning and Community Environment Department
250 Hamilton Avenue
Palo Alto, CA 94301
650.329.2679
jonathan.lait@cityofpaloalto.org
Subject: Maybell Development Impact Fee Payment Modification
Mr. Lait:
On behalf of Golden Gate Homes LLC, I have been authorized to submit this formal
request to modify the payment schedule of developer impact and below market
rate housing in-lieu fees (hereafter ‘fees’) for the project at 567 Maybell Avenue
consisting of 16 single family homes.
In 2018 the City Council of Palo Alto approved the deferral of the payment of fees
to later in the construction of the project. The deferral provided that the payment
of fees would be when the first of the 16 homes would be ready for final inspection,
rather than at the time of issuing Building Permits.
As the final quarter of 2020 begins, we can all agree it has been an unprecedented,
unpredictable, tumultuous, and contentious year for the economy, public health,
education, and day-to-day lives. As many businesses struggle through this
unpredictable year, this project has also been negatively impacted particularly in
the timing and realization of revenues from home sales. Please consider:
• The project’s first home was formally listed and made available for the public
to view 3 days prior to the statewide shelter-in-place order in March.
• At the outset of shelter-in-place, real estate was not classified as an
essential service and since has slowly come back but is significantly limited
to supporting appointment only showings made with Covid-19 & entry
disclosures required to enter a home without the support of open houses or
local brokerage community previews. The activity and volume of showings
has been a fraction of what a typical cycle would see particularly in the
spring season when the market is generally the most active.
• Construction activity was limited for the 2nd half of March and completely
shut down for the month of April. The month of May allowed for the
continuation of construction with much of the month slowly ramping as
contractors reassembled and reactivated on the project.
• Since March, the residential real estate marketplace has had varied
performance across different types of homes. While some areas and types
have outperformed, that has not been the case for the Palo Alto market or
for the homes that are in construction at the project. In general, the inventory
of for sale homes and days-on-market in Palo Alto have been more like the
2008-09 time following the financial crisis brought on by poor lending
practices.
• We do not believe the lack of sales activity is due to a significant decrease
in value or demand for the homes. We observe that buyers have been less
motivated to visit homes for safety reasons (including the recent air quality
issues), logistical hassles to see homes and travel restrictions for both
international and domestic potential buyers alike. Further, the homes under
construction are best suited for families with school aged children. With
many districts and schools operating with distance learning models, the
desire to be in place in a new home or school district that typically drives
the spring to summer market, this demand was not present. We also find
that buyers who might be considering a “move up” to a larger home are
more inclined to remain in a patient waiting pattern with a significant election
forthcoming and the arrival of a Covid-19 vaccine that would hopefully usher
confidence back to the marketplace and a return to a more normalized
market environment.
The primary goal of the modification would provide cash flow relief to the project
by more equitably spreading their payments across the sales cycle of the project.
There is no request for a discount or reduction in any fees. The framework of the
request is:
1. Developer will pay $2,640,000 of the remaining housing in-lieu fees and
one-third of the development impact fees prior to final occupancy of the first
home sale.
2. Divide the remaining balances of housing in-lieu fees and the remaining
two-thirds of the development impact fees into 2 additional payments,
payable prior to final occupancy of the 5th home and then, prior to final
occupancy of the 10th home.
3. All deferred fees shall be paid based on the rate in effect at the time of
payment increased by an interest rate of four percent (4%), compounded
annually, for each year that the fees are deferred, as is already in place.
Thank you in advance for your consideration and work on this request.
Best Regards
Ted O’Hanlon
Cc: Yurong Han, Golden Gate Homes LLC
CITY OF PALO ALTO OFFICE OF THE CITY CLERK
October 26, 2020
The Honorable City Council
Palo Alto, California
Approval of the Nomination of Council Member Alison Cormack to the
Santa Clara Valley Transportation Authority (VTA) Board
Recommended Motion:
Mayor Fine recommends the appointment of Council Member Alison Cormack to the position
of Board Member on the Santa Clara Valley Transportation Authority (VTA) Board for 2021-
2022.
Background:
The City of Palo Alto is in a position to secure a seat on the Santa Clara Valley Transportation
Authority (VTA) board for 2021–22. VTA’s rules require the board member to be a current City
Council member who will not face a term limit during this term and must be nominated by City
Council action prior to the deadline of November 1, 2020. This nomination is then subject to
election by the “Group 2 Cities Working Group,” which is composed of the VTA Policy Advisory
Committee (PAC) members who represent the cities of Los Altos, Los Altos Hills, Mountain
View, and Palo Alto. Council Member Kniss represents Palo Alto on the Working Group.
Council Member Kniss and I recommend that Council Member Alison Cormack be nominated
for this position. As the Council well knows, VTA issues are very important to Palo Alto and
require diligent engagement and coordination with our neighboring cities. We look forward to
our colleagues’ support and thank Council Member Cormack for her willingness to shoulder this
responsibility.
ATTACHMENTS:
• Attachment A: VTA By-laws (PDF)
Department Head: Beth Minor, City Clerk
Page 2
City of Palo Alto (ID # 11682)
City Council Staff Report
Report Type: Action Items Meeting Date: 10/19/2020
City of Palo Alto Page 1
Summary Title: Consideration of Council Ad Hoc on Boards and Commissions
Recommendations
Title: Consideration of Recommendations by the City Council Ad Hoc on
Boards, Commissions and Committees (BCCs), Including Adopting a
Handbook, Establishing Training, and Direction on Further Changes Including
Term Limits and Reducing the Parks and Recreation Commission to Five
Members
From: City Manager
Lead Department: City Manager
Recommendation
Consider the following City Council Ad Hoc on Boards and Commissions recommendations:
• Adopt the recommended Boards, Commissions, and Committee Handbook, including
several additions or changes to City process:
o Require Boards, Commissions, and Committees (BCC) training for new members
and new chairs/vice chairs
o Establish a process for the City Council to remove a BCC member
o Establishing BCC member attendance standards
o Require that BCCs adopt a workplan, establish an annual City Council review
process, and require Council review of any new priority added to their workplan
outside of the annual workplan review
o Consider a limit of two four-year terms for all Board, Commissions, and
Committees members and direct staff to return with necessary ordinance
adjustments and related changes to the Boards and Committee recruitment
process and application process
o Set Boards, Commissions, and Committee attendance standards, establish a
Code of Conduct, and set other Council expectations
• Consider BCC interview timelines and other adjustments to the City Council process
• Discuss reducing the Parks and Recreation Commission from seven to five members
• Discuss inviting student representatives to BCCs
City of Palo Alto Page 2
• Approve a Boards, Commissions, and Committees Application Letter and updated
Application
Background
On December 9, 2019 (CMR #10901), the City Council provided guidance on the organization
and operation of City Boards, Commissions, and Committees (BCC). In addition, Mayor Filseth
established a Council Ad Hoc committee to review and explore changes to the City’s BCC
processes and policies, appointing Vice Mayor Tom DuBois and Council Member Alison
Cormack.
Following the December 9, 2019 City Council meeting, the Ad Hoc and City staff reviewed Ad
Hoc priorities such as developing a BCC survey to gain input from existing and former BCC
members. This work was a foundation for an interim Ad Hoc on Boards and Commissions report
submitted for City Council consideration on February 24, 2020. The report summarized Ad Hoc
work to date such as surveying current and former board members and commissioners;
reviewing laws, policies and procedures (as well as those of other cities and towns); and
interviewing the staff who work with Palo Alto’s boards, commissions, and committees.
The Ad Hoc provided several recommendations and other changes for City Council
consideration including:
• Updates to the application and interview process
• Training for new members/commissioners and new chairs and vice-chairs
• Using annual work plans with a process to change priorities during the year
• Creating a handbook that establishes policies and procedures for how boards and
commissions work, including expectations for those appointed
• Updates to our underlying ordinances
• Considering changes to the boards and commissions themselves
• Dissolving the Library Advisory Commission, as some members recommended
On February 24, 2020, the City Council accepted the report and approved several actions as
next steps including: exploring annual work plans and developing a process to change them;
bringing back a proposal on term limits; and exploring moving to a single interview period in the
Spring, including Fall as a backup. In addition, the City Council approved a motion to disband
the Library Advisory Commission after receiving input from staff and members of the
Commission (February 24, 2020 Minutes).
On June 8, 2020, the City Council adopted an Ordinance to dissolve the Library Advisory
Commission (CMR #11347) and the Library Advisory Commission was dissolved in July 2020.
In addition, on April 20, 2020, the City Council discussed Spring recruitment for several
commissions and directed staff to return with necessary Ordinance changes to reduce the
Human Relations Commission and Public Art Commission from seven to five members (April 20,
2020 Minutes). On May 11, 2020, (CMR #11299) the City Council approved actions to reduce
City of Palo Alto Page 3
both commissions from seven to five members. On June 22, 2020, (CMR # 11424) the Council
adopted an Ordinance confirming the reduction from seven to five members and this
Ordinance went into effect in September 2020.
Discussion
Boards, Commissions and Committees Handbook
The Ad Hoc recommendations contained in the draft Boards, Commissions, and Committees
Handbook seek to increase the consistency in BCC protocols and standards, further the City
Council’s priorities through the work of the boards and commissions and clarify the City
Council’s expectations of the City’s boards, commissions, and committees.
Since the February 24, 2020 City Council meeting, the Ad Hoc and City staff meet several times
to discuss development of a Boards, Commissions, and Committees Handbook and other
changes to BCC applications process, standards and protocols and the development of a BCC
Code of Conduct. In addition, the Ad Hoc and City staff reviewed and researched several other
cities’ handbooks and boards and commissions procedures to help inform its work. The
recommended handbook provides several key areas for Council consideration including:
• Requiring Boards, Commissions, and Committees training for new members and new
chairs/vice chairs
• Establishing a process for the City Council to remove a BCC member
• Establishing BCC member attendance standards
• Requiring the adoption of annual workplans, including an annual process for City Council
review and acceptance, and requiring Council approval of any new priority added to
their workplan outside of the annual workplan review
• Considering a limit of two, four-year terms for all Board, Commissions, and Committees
members and related changes to the BCC recruitment process and application process
• Requiring adherence to a Code of Conduct for all BCCs, and establishing additional
Council expectations of BCC members
A draft Boards, Commissions, and Committees Handbook can be found as Attachment A to this
report. If adopted, a review of the Boards, Commissions and Committees Handbook by Policy
and Services Committee would be scheduled annually. Minor, non-policy technical revisions
may be made by the City Attorney, City Clerk or City Manager.
Other Ad Hoc Recommendations for City Council Consideration
The Ad Hoc is also seeking Council feedback on several other items related to the City’s Boards,
Commissions, and Committees:
• Consider BCC interview timelines and other adjustments to the City Council process
• Discuss reducing the Parks and Recreation Commission from seven to five members
City of Palo Alto Page 4
• Discuss exploring student representatives to the City’s Boards, Commissions, and
Committees
• Approve a Boards, Commissions, and Committees Application Letter
• Review changes to the City’s commission application
Attachment B outlines a new BCC Application Letter for Council consideration and Attachment
C provides a revised commission application (Planning and Transportation Commission
example).
Training
The Ad Hoc proposes establishing a training program for new BCC members and new
Chairs/Vice-Chairs. The training would be given annually after Council selection of new BCC
members, and would include a review of the BCC Handbook, coaching on conducting effective
meetings, orientation to open government requirements, guidance on working with Council
and staff liaisons, Brown Act orientation, conflict of interest review and more. Breakout
sessions might be used for orientation to the responsibilities of each BCC. Special sessions also
would be held for the Architectural Review Board, Historic Review Board, and Planning and
Transportation Commission on procedures for quasi-judicial review, and for BCC Chairs and
Vice-Chairs.
The initial training session in 2021 would be required for all current BCC members. Thereafter,
the training would be required for new members and optional for continuing members. The
first training would occur in early 2021. The City Manager’s Office, Clerk’s Office and City
Attorney’s Office will develop and conduct the training, in conjunction with department heads
and staff liaisons who support BCCs.
Resource Impact
Establishing an annual BCC training and changes to the City’s BCC recruitment and BCC
application process will require staff time to implement. Changes to BCC term limits and other
related actions will require staff time to revise City ordinances and other policies.
Stakeholder Engagement
As part of the development of a Boards, Commissions, and Committee Handbook and other
changes to BCC processes, the Ad Hoc and City staff developed an online survey for existing and
former BCC members to provide input and share their experiences working with the City’s
Boards, Commissions, and Committees. The survey had eight questions and was sent to 123
current and former board members and commissioners for whom the City Clerk had email
addresses, of whom 66 responded. Highlights of the survey include an average score of 8 out of
10 when asked if they would recommend serving on a board or commission to others. There
City of Palo Alto Page 5
were many positive comments, with the vast majority centered around community --
contributing to, serving, giving back to, and feeling a part of -- as well as working with other
members and staff and sharing particular expertise. The negative comments included the
process for setting agendas, public reaction to unpopular decisions, lack of clarity or
involvement from the City Council, time commitment required, and working with other board
members and commissioners.
The Ad Hoc also interviewed City staff with responsibilities as liaisons to the City’s Boards,
Commissions, and Committees to inform their work.
Environmental Review
The recommended action is not considered a Project as defined by the California Environmental
Quality Act.
Attachments:
• Attachment A: Palo Alto Boards Commissions and Committees Handbook_FINAL_Oct. 8
2020
• Attachment B: BCC Application Letter
• Attachment C: PTC Application_FINAL REVISED_OCTOBER 72020
CITY BOARDS,
COMMISSIONS, AND
COMMITTEES HANDBOOK
| A Reference Guide
Boards, Commissions, and Committees Handbook| City of Palo Alto 3
TABLE OF CONTENTS
I. Introduction
Mandatory Review Requirement 5
About the City 6
City Council 7
II. Appointed Boards, Commissions, and Committees
Information on Appointed Boards, Commissions, and Committees 8
Limit of Terms 8
III. Your Role as a Board, Commission, or Committee Member (BCC)
Role of All Members 17
Role and Responsibilities of the Chair 18
Required Training 19
Role of the Staff Liaison(s) 19
Role of Council Liaison 19
Use of Sub-Committees and Ad Hoc Committees 20
Annual Work Plan and Performance Measures 20
Procedures for Conduct of BCC Meetings 20
Agenda and Order of Business 21
Parliamentary Procedure and Motion to Reconsider 21
Code of Conduct 22
Meeting Management 25
Attendance 26
Late Arrival to Meetings 26
Absences 27
Minutes 27
Addressing the Media and the Public 27
IV. City Policies and Procedures
Swearing In and Oath of Office 28
Form 700 Obligation and Conflict of Interest 28
Ethics Trainings 28
Removal 29
Boards, Commissions, and Committees Handbook| City of Palo Alto 4
V. Ralph M. Brown Act
General Overview 30
Meeting Agendas 30
Avoid Unlawful Meetings 30
Public Participation 31
VI. Conclusion ` 32
VII. Exhibit A: Workplan Template 33
Boards, Commissions, and Committees Handbook| City of Palo Alto 5
MANDATORY REVIEW REQUIREMENT
The Boards, Commissions, and Committees (BCC) Handbook is a reference guide that applies to
advisory and regulatory bodies. It is intended to provide an overview of basic laws and procedures
during a member's term and to clarify the role and responsibilities of the Board, Commission, and
Committee members in relation to the City Council, City staff and the public.
I , confirm that:
• I was provided with a copy of the BCC Handbook upon my appointment to a Palo Alto Board, Commission,
and Committee.
• I have read the entire Handbook, including any updates as of the signing of this document, reviewing each
section including:
• Requirements to be a member of a Board, Commission, and Committee
• Ethics Training (AB1234)
• Legal (Brown Act, Conflict of Interest, Political Reform Act)
• Role and Responsibilities
• Code of Conduct
• I agree to follow the guidelines and regulations provided in this Handbook, as required by the California
Government Codes (including the Brown Act), Fair Political Practices Commission (FPPC) regulations, and the
Municipal Code, as well as any other required policies/statutes. In the event there is a conflict between state
or federal law and this Handbook, state or federal law shall govern. In the event there is a conflict between
this Handbook and any procedure adopted by a BCC, this Handbook shall govern.
• I understand that the BCC Handbook is intended as a tool to provide guidance on process and procedures as
well as to draw my attention to the primary rules of serving on a BCC under the guidance of the City Council.
• No legal advice is intended through this Handbook.
• It is my responsibility to re-visit this Handbook through my term to review protocol and regulations, and for
guidance.
• I am invited to consult with the Staff Liaison, City Clerk, and City Attorney any time I have questions or
concerns relating to these guidelines and my service.
Signature Date
I serve on the following BCC .
This page is due to the City Clerk's Department within 60-days of appointment. Ethics training completed on
(date)
Thank you for your attention to this important information and your responsibility as a BCC Member.
I. INTRODUCTION
Boards, Commissions, and Committees Handbook| City of Palo Alto 6
ABOUT THE CITY
Palo Alto, known as the “Birthplace of Silicon Valley,” is home to 69,700 residents and nearly doubles during the
day with an influx of employees from major employers. Unique among city organizations, the City of Palo Alto
operates a full array of services including its own gas, electric, water, sewer, refuse and storm drainage provided
at very competitive rates for its customers. The City of Palo Alto offers robust community amenities including 36
parks, 39 playgrounds, five community and youth centers, 41 miles of walking/biking trails and five libraries. The
City also manages a regional airport and provides fire, police and emergency services. Palo Alto is an award-
winning City recognized nationally as innovative and well-managed, one of a small number of California cities
with a AAA bond rating. City services and performance also receive high marks from community members in the
annual community survey conducted by the Polco (formerly National Research Center).
As the global center of technology and innovation, Palo Alto is the corporate headquarters for many world-class
companies and research facilities. Home to Stanford University and a top-ranked public school system, Palo Alto
also features beautiful and historic residential neighborhoods, vibrant shopping and retail districts. Palo Alto has
a highly educated and culturally sophisticated citizenry that is actively engaged in making a difference both
locally and globally.
For the City’s website, go here: www.cityofpaloalto.org
To connect with the City on social media, go here: www.cityofpaloalto.org/connect
To sign up for the City’s digital newsletter, go here: www.cityofpaloalto.org/newslettersignup
Boards, Commissions, and Committees Handbook| City of Palo Alto 7
CITY COUNCIL
The City of Palo Alto operates under a Council-Manager type of government. The City Council consists of seven
members and it is the governing body elected directly by the electorate of Palo Alto. Every year, the City Council
Members vote and select a Mayor. As the legislative branch of our local government, the City Council makes final
decisions on all City matters, sets City-wide priorities and policies, and directs the City Manager to implement
these priorities and policies. The City Council adopts ordinances and resolutions as necessary for efficient
governmental operations, approves the budget, and acts as a board of appeals. It appoints the City Manager,
City Attorney, City Auditor and City Clerk, as well as the members of the City's advisory Boards, Commissions,
and Committees (BCCs).
BCCs are primarily responsible for advising and making recommendations to the City Council on City policies and
programs. The City Council then uses the advice and recommendations offered by BCCs to make decisions. In
addition to making policy recommendations, the Architectural Review Board and Planning and Transportation
Commission, and Historic Resources Board also provide recommendations to the Planning Director or Council on
project applications.
To learn more about the City Council, go here: www.cityofpaloalto.org/council
For the City Council meeting agendas, go here: www.cityofpaloalto.org/councilagendas
Boards, Commissions, and Committees Handbook| City of Palo Alto 8
The City of Palo Alto has eight standing Boards, Commissions,
and Committees. The City Council also establishes other Ad
Hoc committees to assist them in their decision-making
process from time to time.
The standing Boards, Commissions and Committees are:
• Architectural Review Board
• Historic Resources Board
• Human Relations Commission
• Parks and Recreation Commission
• Planning and Transportation Commission
• Public Art Commission
• Storm Water Management Oversight Committee
• Utilities Advisory Commission
Other examples of Council appointed groups have included the former Library Advisory Commission, the Citizen
Corps Council, the Youth Commission, the Expanded Community Advisory Panel (XCAP) on rail crossings, and the
North Ventura Coordinated Area Plan Working Group.
During recruitment periods for BCCs, applicants are encouraged to visit the City website and apply for openings on
various BCCs. The requirements for each BCC can be found in the Municipal Code or Council action creating the
advisory body and will be reflected in the recruitment material – for example, some have a residency
requirement. A physical address must be included on the application and proof of the address provided must be
issued if requested. Once applications are received, the City Council determines which applicants to interview.
The City Council will then vote to appoint members to serve on a BCC during a public City Council meeting.
If you need to leave your seat on a BCC before your term is expired, submit your resignation in writing to your
Staff Liaison, with a copy to the City Clerk. Each letter of resignation must be addressed to the City Council.
Each BCC meets according to its established schedule.
LIMITATION ON TERMS
Any person appointed to a board or commission shall be immediately eligible, upon the expiration of
their term or resignation prior to completion of their term if appointed to a different board or
commission, to serve on a different board or commission. All board and commission members are eligible
to serve two successive four-year terms on the same board or commission. No person who has served
two such successive four-year terms shall be eligible for appointment to that same board or
commission for two years following the expiration of the second full term for which the member was
appointed and served. Serving an unexpired term of up to 2 years in length shall not count toward years served
in terms of eligibility.
II. APPOINTED BOARDS, COMMISSIONS AND COMMITTEES
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APPOINTED BOARDS, COMMISSIONS, AND COMMITTEES
ARCHITECTURAL REVIEW BOARD
The Architectural Review Board reviews and makes recommendations to the Planning Director on design and
related issues for certain new construction, and changes and additions to commercial, industrial and multiple-
family projects, as described in the Municipal Code. The Board's goals and purposes are to:
• Promote orderly and harmonious development of the City
• Enhance the desirability of residence or investment in the City
• Encourage the attainment of the most desirable use of land and improvements
• Enhance the desirability of living conditions upon the immediate site or in adjacent areas
• Promote visual environments which are of high aesthetic quality and variety and which, at the same
time, are considerate of each other
• To implement and enforce the city’s ordinances pertaining to architecture and design
The Board is composed of five members, at least three of whom are architects, landscape architects, building
designers or other design professionals. Terms are for three years and commence on November 1. See Palo Alto
Municipal Code (PAMC) Sections 2.16 and 2.21. Residency is not required.
For the ARB webpage, go to https://www.cityofpaloalto.org/gov/boards/architectural/
Boards, Commissions, and Committees Handbook| City of Palo Alto 10
HISTORIC RESOURCES BOARD
The Historic Resources Board advises the Planning Director and City Council on matters relating to Palo Alto‘s
historic buildings. The responsibilities of the Board include:
• Reviewing and making recommendations to the Architectural Review Board on proposed exterior
changes of commercial and multiple-family buildings on the Historic Building Inventory;
• Reviewing and making recommendations on exterior changes of significant (Categories 1 and 2) single-
family residences on the Historic Building Inventory;
• Researching and making recommendations to the City Council on proposed additions and on
reclassifications of existing buildings on the Inventory; and
• Performing other functions as may be delegated from time to time to the Historic Resources Board by
the City Council.
Terms are for three years and commence on November 1. The Historic Resources Board includes seven
members and the members must have demonstrated interest in and knowledge of history, architecture or
historic preservation. One (1) member is an owner/occupant of a category one or two historic structure, or of a
structure in an historic district; three (3) members are architects, landscape architects, building designers or
other design professionals and at least one (1) member possesses academic education or practical experience in
history or a related field. See PAMC Chapters 2.16, 2.27 and 16.49.
The Historic Resources Board webpage can be found here: https://www.cityofpaloalto.org/gov/boards/historic/
Boards, Commissions, and Committees Handbook| City of Palo Alto 11
HUMAN RELATIONS COMMISSION
The Human Relations Commission is charged with studying, fostering community awareness and understanding,
encouraging dispute resolution, and recommending legislation regarding persons or groups who do not benefit
fully from public or private opportunities or resources in the community, or are unfairly or differently treated
due to factors of concern to the Commission. The Commission's responsibilities include:
• Public or private opportunities or resources in the community include, but are not limited to, those
associated with ownership and rental of housing, employment, education and governmental services
and benefits;
• Factors of concern to the Commission including but not limited to, socioeconomic class or status,
physical condition or handicap, married or unmarried state, emotional condition, intellectual ability, age,
sex, sexual preference, race, cultural characteristics, ethnic background, ancestry, citizenship, and
religious, conscientious or philosophical belief;
• The Commission will conduct such studies and undertake such responsibilities as the Council may direct;
and
• The Commission recommends allocation of Federal CDBG funds
The Commission is composed of five members who are not Council Members, officers, or employees of the City,
and who are residents of the City of Palo Alto. Terms are for three years and commence on May 1. See PAMC
Sections 2.16 and 2.22.
The Human Relations Commission webpage can be found here: https://www.cityofpaloalto.org/gov/boards/hrc
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PARKS AND RECREATION COMMISSION
The Parks and Recreation Commission advises the Community Services Director and City Council on matters
pertaining to the activities of the Open Space, Parks and Golf Division and the Recreation Division of the
Community Services Department. The Commission's responsibilities include:
• Advising on planning and policy matters relating to the goals of and the services provided by the Open
Space, Parks and Golf Division, and the Recreation Division;
• Advising on planning and policy matters relating to the construction and renovation of capital facilities;
• Reviewing state legislative proposals that may affect the operation of the two Divisions;
• Receiving community input concerning parks, open space and recreation activities; and
• Updating and advancing the Parks Master plan and related policies and programs.
The Parks and Recreation Commission is composed of seven members who are not Council Members, officers,
or employees of the City, and who are residents of the City of Palo Alto. Terms of Commissioners will be for
three years. See Palo Alto Municipal Code (PAMC) Sections 2.16 and 2.25.
The Parks and Recreation Commission webpage can be found here:
https://www.cityofpaloalto.org/gov/boards/parks_and_recreation_commission/
Boards, Commissions, and Committees Handbook| City of Palo Alto 13
PLANNING & TRANSPORTATION COMMISSION
The Planning & Transportation Commission advises the City Council, Planning Director and Transportation
Director on land use and transportation matters, including the Comprehensive Plan, zoning, transportation
programs, and related matters. The Commission's primary responsibilities include:
• Preparing and making recommendations to the City Council on the City's Comprehensive Plan regarding
development, public facilities and transportation in Palo Alto
• Considering and making recommendations to the City Council on zoning map and zoning ordinance
changes
• Reviewing and making recommendations to the City Council on subdivisions, on appeals on variances
and use permits
• Considering other policies and programs affecting development and land use in Palo Alto for final City
Council action
• Reviewing and making recommendations on individual projects as described in the Municipal Code, and
Open Space development
• Reviewing and making recommendations to the City Council on transportation, parking and other
related mobility issues.
The Commission is composed of seven members who are current residents of the City of Palo Alto and are not
Council Members, officers, or employees of the City. Terms are for four years and commence on November 1.
See Palo Alto Municipal Code (PAMC) Sections 2.16 and 2.20 for more information.
The Planning and Transportation Commission webpage can be found here:
https://www.cityofpaloalto.org/gov/boards/ptc/
Boards, Commissions, and Committees Handbook| City of Palo Alto 14
PUBLIC ART COMMISSION
The Public Art Commission oversees Palo Alto’s temporary and permanent public art programs. The primary
duties of the Commission are:
• To advise the city in matters pertaining to the quality, quantity, scope, and style of art in public places
• To periodically review the capital improvement program with the staff for inclusion of works of art in
various projects
• To devise methods of selecting and commissioning artists with respect to the design, execution, and
placement of art in public places and to advise staff on the selection and commissioning of artists, and
the amounts to be expended on art in public places
• To advise and assist staff in obtaining financial assistance for art in public places from private, corporate,
and governmental sources
• To review plans for the installation of art in public places and review the inventory of art in public paces
• To act as a liaison between local artists and private property owners desiring to install works of art on
their private property in public view
The Commission, a five-member body appointed by the City Council, meets once a month. Terms are for three
years and commence on May 1. See PAMC Sections 2.16, 2.18, and 2.26. Members are not required to be
residents of Palo Alto and should have some demonstrated connection to art.
The Public Art Commission webpage can be found here: https://www.cityofpaloalto.org/gov/boards/arts/.
Boards, Commissions, and Committees Handbook| City of Palo Alto 15
STORM WATER MANAGEMENT OVERSIGHT COMMITTEE
The purpose of the Storm Water Management Oversight Committee is to review proposed storm water
management capital improvements and operating programs to be funded from the Storm Water Management
Fees and to monitor expenditures of the fund. The Storm Water Management Oversight Committee is charged
with reviewing the annual budget and expenditures of the Storm Water Management Fund in order to ensure
that revenue from the Storm Water Management Fee is being budgeted and spent in accordance with the terms
of the storm water management ballot measure approved by a majority of property owners in 2017. The
Committee is responsible for:
• Performing an annual review of the proposed Storm Water Management Fund budget
• Performing an annual review of actual expenditures from the Storm Water Management Fund
• Adopting findings on an annual basis that the proposed budget and actual expenditures of the Storm
Water Management Fund are consistent with the spending plan outlined in the 2017 storm water
management ballot measure
• Reporting findings on an annual basis to the City Council
The Committee is composed of seven members who are selected and appointed by the City Council for a term of
four years. Each Committee member shall be a resident of Palo Alto, an employee of a business located in Palo
Alto or an owner of real property within the City.
The Storm Water Management Oversight Committee webpage can be found here:
https://cityofpaloalto.org/gov/boards/storm_water_management_oversight_committee/
Boards, Commissions, and Committees Handbook| City of Palo Alto 16
UTILITIES ADVISORY COMMISSION
The Utilities Advisory Commission (UAC) is charged with advising the City Council on: long-range planning and
policy and major program and project matters relating to the electric utility, gas utility, water utility, wastewater
collection utility, fiber optics utility and recycled water matters; acquisition and development of electric, gas and
water resources; joint action projects with other public or private entities which involve electric, gas or water
resources; and environmental implications of electric, gas or water utility projects, and conservation and
demand management. Specifically, the Utilities Advisory Commission advises the Council on:
• Development of the City utilities and the recycled water resources
• Joint action projects with other public or private entities
• The consistency with adopted and approved plans, policies, and programs of any major utility
• Legislative proposals regarding City utilities and the recycled water resources, to which the city is a
party, in which the city has an interest, or by which the city may be affected
• Utility capital improvement programs, operating budgets and related reserves, and rates, and the
recycled water program, budget, and rate
• Environmental aspects and attributes of City utilities and recycled water resources
• Water and energy conservation, energy efficiency, and demand side management
The Utilities Advisory Commission is composed of seven members who shall be appointed by and serve at the
pleasure of the City Council. The term of office of each member shall be three years or until his or her successor
is appointed. Six members of the Commission shall at all times be residents of the City. See Palo Alto Municipal
Code (PAMC) Sections 2.16 and 2.23 for more information on the Utilities Advisory Commission.
The Utilities Advisory Commission webpage can be found here: https://cityofpaloalto.org/gov/boards/uac/
Boards, Commissions, and Committees Handbook| City of Palo Alto 17
ROLE OF ALL MEMBERS
All Board and commission members are responsible for certain duties
and commitments to the City, City Council, and the BCC on which they
serve. Each member must know, understand, accept, and accomplish his
or her delegated responsibilities in order to be effective. General
expectations include:
• Come prepared
• Work collaboratively
• Respect one another, City staff and the public
• Serve the public
• Avoid conflict of interest issues
• Disagree through respectful dialogue
Getting Started
• Take the Oath of Office.
• Complete and sign a Form 700 and turn it in to the City Clerk’s Office.
• Understand the role and responsibilities of the appointed BCC.
• Be informed of its functions and relationship with other BCCs.
• Timely complete Ethics training (AB 1234).
• Attend the orientation scheduled by your Staff Liaison and/or the City Clerk.
• Become familiar with the BCC’s governing rules and regulations.
• Decide with your Staff Liaison on how and when you will receive agenda packets.
• Attend all regular and special meetings. In the event that you cannot attend a meeting, provide timely
notification to the Chair and the Staff Liaison.
During Meetings
• Arrive at meetings on time.
• Be prepared for meetings.
• Review all staff reports, maps, studies, proposals, correspondence, minutes, etc. prior to the meeting.
• Have all reference materials on hand for the meeting.
• Familiarize yourself with conflict of interest regulations and discuss potential conflicts of interest with
the City Attorney’s office prior to the meeting where any matter of potential conflict will arise. Recuse
yourself from any participation in a matter where you have a conflict.
• Consult the City Attorney if you have any questions of a legal nature related to your service as a BCC
member.
• Avoid leaving before the meeting adjourns without prior notice.
• Establish a good working relationship with fellow members, City Council, and staff liaison. Exhibit mutual
respect to fellow members to ensure a positive working environment.
• Become familiar with parliamentary procedures to ensure that meetings proceed in a timely fashion.
• Consider the overall public good when making a decision.
• Talk to the Chair and Staff Liaison about placing items on future agendas.
• If you receive correspondence addressed to the BCC, including email, forward the correspondence to
the Staff Liaison so copies can be distributed to all members and the correspondence can become an
official City record.
IV. YOUR ROLE AS A BOARD, COMMISSION, OR COMMITTEE MEMBER
Boards, Commissions, and Committees Handbook| City of Palo Alto 18
• Discourage visible and audible signs of agreement or disagreement from the audience such as applause
or statements from the floor. Such demonstrations can intimidate those with an opposing view and
unintentionally discourage open public discussion of all the issues and points of view.
• Limit your own comments to the issues before the BCC. Avoid the appearance of straying from the
subject or "grandstanding."
• Individual commissioners should avoid giving Staff Liaisons direction or making specific requests outside
of the public meetings.
ROLE AND RESPONSIBILITIES OF THE CHAIR
At the beginning of the year, each BCC will select a member to
serve as Chair. The Chair exists to structure productive meetings,
encourage the input of ideas, promote inclusiveness, and
facilitate the overall decision-making process. They do not have
greater power than any other member. The following is a list of
duties and responsibilities of the Chair:
• Ensure that the BCC completes the annual work plan and
reports the results annually to the City Council. The work
plan shall include metrics of community involvement and
participation in meetings and activities.
• Set a positive tone and manage public input to promote civility and decorum.
• Preside at all meetings, submit all motions to vote and in general, do all things ordinarily required of a
Chair such as call or cancel a meeting, coordinate the setting of the agenda with the Staff Liaison,
receive public testimony, ensure compliance with the Brown Act, etc. Move forward committee
priorities and refrain from promoting or setting a personal agenda. Ensures that items not listed on the
agenda are prohibited from being discussed or acted upon pursuant to the Brown Act, unless specific
circumstances apply.
• Act as the spokesperson for the BCC, including as the media’s point of contact for information regarding
BCC activities. Seek advice and involvement of the City’s Public Communications Manager as needed,
through the Staff Liaison.
• Ensure that all members are heard in a fair and safe manner. The Chair is responsible for ensuring the
effectiveness of the group process. Identifies points of agreement among the BCC members in order to
build a consensus.
• Ensures that consideration of items on the agenda moves along without delay and makes sure that
public testimony is received, but not allowed to disrupt the meeting. This includes setting an acceptable
time limit; if necessary.
• Clarifies all ideas as they are discussed, and repeats motions made in a way so all members understand
the motion they will be asked to vote on and ensures that actions are properly moved, seconded, and
voted upon. Always indicate clearly how the vote is taken such as call for the negative vote, saying,
“Those opposed, say No.”
In the absence of the Chair, the Vice Chair shall act as presiding officer and shall have the same
responsibilities.
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REQUIRED TRAINING
Mandatory training shall be provided to all board, commission and committee members by the City through a
collaboration between the Offices of the City Attorney, City Clerk, and City Manager, and will include an
orientation session for new members. Training shall be delivered as deemed necessary by the Council and/or
the City Attorney, City Clerk and City Manager and may include topics germane to a specific board or
commission and/or training generic to all boards and commissions (e.g. ethics training or “how to run a
meeting” for board and commission chairs).
ROLE OF THE STAFF LIAISON(S)
The staff liaison serves as the link between City staff, City Council, and BCC members. The City Manager assigns a
staff liaison to each BCC to provide support, coordination, and guidance. The Staff Liaison makes sure that
required BCC meetings occur and, in conjunction with the Chair, prepares the monthly meeting agendas. The
staff liaison is also responsible for the coordination, distribution, and posting of all committee agendas pursuant
to the Ralph M. Brown Act. Committee members should feel free to contact the staff liaison with questions or
requests for support such as sharing City policy or program information and providing historical context to issue
under review by the BCC. Staff liaisons will provide direction, guidance, and clerical, organizational, and
administrative support to commissions on an as needed basis. The staff liaison also facilitates the transmission
of BCC interests, concerns, and recommendations to the City Manager and City Council.
The staff liaison must be aware and advise the Commission of any potential Brown Act violations; the liaison must
be present and attentive for the duration of the meeting. At the request of the Chair, and with the support of a
majority of the BCC members, the Staff Liaison researches and investigates issues, prepares alternatives and
recommendations for BCC and City Council review, and implements City Council policy decisions.
Other duties include facilitating the transmission of BCC interests, concerns, and recommendations to the City
Manager and/or City Council; maintaining communication with the Chair regarding City Manager and/or City
Council direction or requests; coordinating the annual selection of a Chair and Vice Chair in accordance with the
City Council adopted policies and procedures, supporting annual workplan development, and keeping the City
Clerk apprised of any resignations or other issues affecting the BCC.
During the BCC meeting Staff Liaisons will ensure there is a quorum prior to the Chair calling a Commission
meeting to order and adjourn a Commission meeting in the event there is lack of a quorum 15 minutes after the
start time of a meeting. In addition, the Staff Liaison will not allow the public to address the Commission during
the 15 minutes while waiting for additional members to arrive to form a quorum. Staff may make
announcements during this time; no agenda items shall be discussed among the members present. The Staff
Liaison will advise the Commission to recess or adjourn the meeting if a quorum is not present at any point
during the meeting.
ROLE OF COUNCIL LIAISONS
The City Council relies upon the expertise and recommendations of the BCCs in advising the Council as it sets
City policy. The Council liaison function serves to facilitate and enhance this work. Their principal function is to
provide a wide range of information to the advisory body, such as information about Council discussions,
policies and actions. This helps provide an historical perspective and thereby place the BCC work in
context. However, the BCCs should act independently in formulating recommendations for the City Council to
consider. Therefore, it is inconsistent for liaisons to direct, guide or unduly influence the policy making work of
the City's advisory bodies. Council liaisons have flexibility in discharging their duties. They may serve with or
without attending the meetings of their advisory bodies. However, at minimum, they should be available for
contacts with members of advisory bodies, and particularly with the chairs.
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USE OF SUBCOMMITTEES AND AD HOC COMMITTEES
BCCs may consider dividing into subcommittees and/or use ad hoc committees to address certain issues when
appropriate. The City Council prefers the use of Ad Hoc committees which are short term and established for the
BCC to discuss a specific topic or priority. Sub-committees should be used judiciously as it is the wish of the
Council that the entire BCC participate in most agenda topics. Sub-committees work independently and bring a
report and recommendations back to the BCC. The subcommittee and/or the ad hoc committee would be
composed of less than a quorum of the body and set their own schedule. Subcommittee meetings must be
noticed under the Brown Act. Ad hoc committees convene for a single topic and disband when the work on a
single item is finished. Ad hoc committee meetings need not be noticed or open to the public. The Chair usually
makes assignments to subcommittees and ad hoc committees and directs the workflow. BCCs may have both
standing subcommittees and ad hoc committees, though it is recommended that BCCs focus their work through
Ad Hoc committees.
Ad hoc or "temporary" committees are treated differently under the Brown Act. Ad hoc committees are not
subject to the notice and posting requirements of the Brown Act so long as the committee:
• Consists of less than the number of members which would constitute a quorum;
• Has a defined purpose and a time frame to accomplish that purpose; and
• Is advisory such as the committee has not been delegated any decision-making power and will be
returning to the full board on its recommendation.
Establishing Ad Hoc Committees
Members of ad hoc committees designed to be advisory to the board/commission may be appointed by the
chair, on behalf of the entire board, commission, or committee or by an action of the entire BCC, depending
upon the procedures and practices of the BCC. Although, as noted, the ad hoc committee itself is not subject to
the Brown Act if the BCC desires to create an ad hoc committee, the action to create the ad hoc committee
should be done at a publicly noticed meeting under the Brown Act and the item should be placed on an agenda
for that purpose.
ANNUAL WORKPLAN AND PERFORMANCE MEASURES
Each BCC should prepare an annual work plan for proposal to the Council by February. The Council will review
the work plans and provide feedback annually at a dedicated City Council meeting. The annual report should
include the results of the prior year’s plan. When applicable, the City Council would like to see metrics of
community involvement and participation in meetings and activities included in the work plan.
Council expects BCCs to work on items in the approved workplan. In addition, Council may refer additional items
to the BCC in response to new developments. BCCs should refrain from expending their time and that of the
staff liaison on items that have not been approved by the City Council. If the BCC would like to add an issue for
review after an annual workplan has been approved the City Council, a prompt request by the BCC
Chair to the City Council is required and the item will then be addressed by the City Council as a whole.
A workplan template can be found later in the handbook, see Exhibit A.
GENERAL PROCEDURES FOR CONDUCT OF BCC MEETINGS
The Chair should recognize other BCC members in the order in which they raise their hands to speak. The Chair
should provide an opportunity for each member to speak on an item. BCC members should speak when
recognized by the Chair.
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When a member of the public desires to address the BCC, they should fill out a speaker’s card, proceed to the
podium when called, and wait to be recognized before speaking. The Chair should let the public know how long
they are allocated to speak. Speakers should limit their remarks to the issue under discussion. Remarks should
be addressed to the BCC as a body, and not to any individual BCC member, staff member, or other person.
AGENDA AND ORDER OF BUSINESS
The agenda should contain a brief general description of each item
to be considered. Except where provided by law, no discussion or
action will be taken on an item not appearing on the
agenda. The sequence of items in an agenda is generally as
follows:
• Call to Order
• Roll Call
• Approval of Minutes
• Public Comment on items not on the agenda
• Action Items
• Reports of BCC Members, Sub-Committees, and Ad Hoc
Committees
• Brief announcements or Matters of BCC Interest
• Adjournment
All agendas should include language stating that agenda materials may be provided in alternate formats
pursuant to the Americans with Disabilities Act (ADA).
PARLIAMENTARY PROCEDURE
Parliamentary procedures establish a framework for
orderly meetings. They encourage participation,
structure discussion and facilitate decision making.
They permit expression of minority views while
ultimately allowing a majority to fashion an outcome.
The following principles are the foundation of effective parliamentary procedures:
• Fairness, respect and courtesy should be afforded to everyone.
• Do only one thing at a time: one subject at a time and one speaker at a time.
• Business must be conducted. The BCC exists to facilitate action, not obstruct it.
• All BCC members are equal and have equal voting rights.
• The majority decides, but the rights and interest of a minority must be protected.
• Silence gives consent, so if you oppose please speak up.
• Once settled, a question generally may not be reintroduced.
The City Council does not use Robert’s Rules of Parliamentary Procedure, which were created to structure the
meetings of very large formal legislative bodies. The Council has adopted a more streamlined set of procedural
requirements here starting on page 27. BCC members may also find it helpful to review Rosenberg’s Rules of
Order, a simplified set of procedural rules designed for use at the local government level. A tenet of
parliamentary procedure is finality. After vigorous discussion, debate, and a vote, there must
be some closure to the issue. And so, after a vote is taken, the matter generally is deemed resolved. Exceptions
to this general rule include when a proper motion to reconsider is made, or where new developments occur that
warrant further work on an issue.
Boards, Commissions, and Committees Handbook| City of Palo Alto 22
CODE OF CONDUCT
This section is intended to describe a code of conduct for Boards, Commission and Committee members and
designed to define the manner in which Council Members and BCC members should treat one another, City
staff, constituents, and others they come into contact with in representing the City of Palo Alto. The City Council
encourages positive and respectful dialogue. Therefore, members shall refrain from abusive conduct, personal
charges, hostile body language, disrespectful language or verbal attacks upon the character of others. It is both
encouraged and expected that the chair of each BCC intercedes when the conduct of another member is rude or
violates code of conduct.
BCC members are important to the City’s decision-making process, act on behalf of the City Council in their
volunteer roles and help shape and further community discussions on complex issues and topics. As such,
disagreement may arise during public meetings as different perspectives are shared and providing different
perspectives to Council is encouraged. A high level of professionalism and civility is expected of all BCC members
throughout their tenure. Disagreement and criticism of policy is fine but personal attacks must be avoided.
It is important that BCC members treat each other and the public with respect, even through disagreement.
Elected and appointed officials are composed of individuals with a wide variety of backgrounds, personalities,
values, opinions, and goals. Despite this diversity, all have chosen to serve in public office in order to preserve
and protect the present and the future of the community. In all cases, this common goal should be
acknowledged even though individuals may "agree to disagree" on contentious issues.
Residents, property owners and businesses of City of Palo Alto are entitled to have fair, ethical and accountable
local government. Such a government requires that public officials: be independent, impartial and fair in their
judgment and actions; use their public office for the public good, not for personal gain, and conduct public
deliberations and processes openly, unless legally confidential, in an atmosphere of respect and civility.
Elected and Appointed officials shall honor this personal code of conduct from the time of their election or
appointment to office.
Act in the Public Interest: Recognizing that stewardship of the public interest must be their principal concern,
everyone shall work for the common good of the City of Palo Alto and not for any private or personal interest,
and they will endeavor to treat all persons, claims and transactions in fair and equitable manner.
Comply with the Law: Everyone shall comply with the laws of the nation, the State of California and the City in
the performance of their public duties. These laws include but are not limited to: the United States and
California constitutions; the City of Palo Alto Charter, Municipal Code, City policies and other governing
documents related to conflict of interest, election campaigns, financial disclosures, and employer responsibilities
and open processes of government.
Conduct of Members: Everyone shall refrain from abusive conduct and verbal attacks upon the character or
motives of other members of the City Council, boards, commissions, committees, staff or the public.
Boards, Commissions, and Committees Handbook| City of Palo Alto 23
No Tolerance for harassment or Microaggressions: The City of Palo Alto is committed to providing an
environment for employees, elected or appointed officials, members of the public, and contractors that
promotes dignity and respect and is free from discrimination and harassment. The City prohibits all forms of
harassment and discrimination based upon protected classifications as defined below. “Protected Classification”
includes race, religion (including religious dress or grooming practice), religious creed, color, sex (includes
gender, gender identity, gender expression, transgender, pregnancy, childbirth, medical conditions related to
pregnancy or childbirth, breastfeeding or medical conditions related to breastfeeding), sexual orientation
(including heterosexuality, homosexuality and bisexuality), ethnicity, national origin, ancestry, citizenship status,
military and veteran status, marital status, family relationship, age, medical condition, genetic characteristics
and/or genetic information, and physical or mental disability.
In addition to prohibiting explicit harassment, the City of Palo Alto strives to provide an inclusive environment.
One method to create an inclusive public space is to help people develop awareness of microaggressions and
remove them from conversation. Microaggressions are comments or actions that subtly and often unconsciously
or unintentionally expresses a prejudiced attitude toward a member of a marginalized group (such as a racial
minority). The City will provide training to help members develop awareness of and then eliminate
microaggressions.
Any employee, applicant, elected/appointed official, contract worker, intern or volunteer, who believes
he or she has been harassed or retaliated against are encouraged to promptly report the incident and the
individuals involved. BCC members may consult with the Chair, Vice-Chair or staff liaison regarding making a
report.
Respect for Process: Duties shall be performed in accordance with the processes and rules of order established
by the City Council.
Conduct of Public Meetings: BCC members shall inform themselves of public issues, listen attentively to public
discussions before the body, and focus on the business at hand.
Communication: It is the responsibility of BCC members to publicly share substantive information that is relevant
to a matter under consideration that they received from sources outside of the public decision-making
processes.
Disclosure of Corruption: BCC members shall take an oath upon assuming office, pledging to uphold the
constitution and laws of the City, the State and the Federal government. As part of this oath, officials commit to
disclosing to the appropriate authorities and/or to the City Council any behavior or action that may qualify as
corruption, abuse, fraud, bribery or other violations of the law.
Conflict of Interest: To ensure public confidence in City decision making, BCC members shall familiarize
themselves with and comply with state conflict of interest laws.
Gifts and Favors: BCC members shall not take advantage of services or opportunities offered due to their public
office and that are not available to the public in general. They shall refrain from accepting gifts, favors or
promises of future benefits that might compromise their independence, judgment, or action or give the
appearance of being compromised.
Confidential Information: BCC members shall respect and preserve the confidentiality of information provided to
them concerning the confidential matters of the City. They shall neither disclose confidential information
without proper legal authorization nor use such information to advance their financial or private interests.
Boards, Commissions, and Committees Handbook| City of Palo Alto 24
Representation of Private Interests: In keeping with their role as stewards of the public trust, BCC members shall
not appear on behalf of the private interests of a third-party before the City Council or any board, commission or
committee or proceeding the City.
Advocacy: To the best of their ability, BCC members shall represent the official policies and positions of the City
Council. When presenting their personal opinions or positions, members shall explicitly state that they do not
represent the Council or the City.
Improper Influence: BCC members shall refrain from using their position to improperly influence the
deliberations or decisions of City staff, boards, commission or committees.
Policy Role of Members: BCC members shall respect and support the Council-Manager structure of the City of
Palo Alto as provided in the City Charter.
Positive Work Environment: BCC members shall support the maintenance of a positive and constructive
environment for residents, businesses, and City employees.
Compliance and Enforcement: BCC members have the primary responsibility to ensure that ethical standards are
understood and met and that the public can continue to have full confidence in the integrity of City government.
This personal code of conduct shall be considered to be a summary of ethical conduct by Palo Alto Boards,
Commissions and Committees. A member can be removed from their BCC position by the City Council if their
conduct fails to meet any of these ethical standards.
Conduct in Public Meetings
The following guidelines provide specific examples of conduct that reinforce the principles identified above:
• Use formal titles: Elected and appointed officials should refer to one another formally during public
meetings, such as Mayor, Vice Mayor, Chair, Commissioner, Board member or Councilmember followed
by the individual’s last name.
• Practice civility and decorum in discussions and debate: Difficult questions, tough challenges to a
particular point of view, and criticism of ideas and information are legitimate elements of a free
democracy in action. This does not allow, however, public officials to make belligerent, personal,
impertinent, slanderous, threatening, abusive, or disparaging comments. This includes non-verbal
communications including body language or eye rolling. No shouting or physical actions that could be
construed as threatening will be tolerated. Lack of civility is grounds for dismissal.
• Honor the role of the chair in maintaining order, while respecting each member’s prerogative to
intercede on inappropriate conduct: It is the responsibility of the chair to keep the comments of
members on track during public meetings. Members should honor efforts by the chair to focus
discussion on current agenda items. If there is disagreement about the agenda or the chair’s actions,
those objections should be voiced respectfully and with reason, following procedures outlined in
parliamentary procedure and the suggestion below.
• Avoid personal comments that could offend other members: If a member is personally offended by the
remarks of another member, or feels the remarks may be offensive to others, the offended member
should communicate their position and seek resolution to the situation raised. The chair will maintain
control of this discussion.
• Demonstrate effective problem-solving approaches: Members have a public stage to show how
individuals with disparate points of view can find common ground and seek a compromise that benefits
the community as a whole.
Boards, Commissions, and Committees Handbook| City of Palo Alto 25
Outside of official board or commission meetings, individual board and commission members are not
authorized to represent the City or their board or commission unless specifically designated by the Council or
the board or commission to do so for a particular purpose.
Although a board or commission may disagree with the final decision the Council makes, the board or
commission shall not act in any manner contrary to the established policy adopted by the Council.
The Institute for Local Government offers tools and publications to help further a consistent code
of conduct for all Boards, Commissions and Committees. This publication offers tips for civility during public
meetings. Some key recommendations include:
• Ensure everyone gets a chance to share their viewpoint
• Embrace different perspectives
• Avoid debates and interruptions
• Listen
• Be compassionate
Conduct with City Staff
Governance of a city relies on the cooperative efforts of elected officials who set policy, appointed officials who
advise the elected, and City staff who advise, implement and administer the Council’s policies. Therefore, every
effort should be made to be cooperative and show mutual respect for the contributions made by each individual
for the good of the community.
Treat all staff as professionals: Clear, honest communication that respects the abilities, experience, and dignity
of each individual is expected. Unprofessional and/or antagonistic behavior towards staff is not acceptable.
MEETING MANAGEMENT
The City of Palo Alto is committed to conducting efficient, effective, and accessible government operations. The
following material outlines techniques that can be used to ensure that BCC meetings are efficiently run and give
all residents an equal opportunity to address the issues.
Boards, Commissions, and Committees Handbook| City of Palo Alto 26
PROCEEDINGS
• It is generally a good idea to turn off cell phones, PDAs or iPads and refrain from texting during meetings
unless there is an emergency.
• Please be aware that any messages sent or received relating to City business, including those posted on
social media, may become a public record and releasable if requested.
• Documents used or shared at Board, Commission and Committee meetings are subject to the Public
Records Act.
• Start the meetings on time. Keep the agenda in mind in order to give each item the appropriate time.
• Announce at the start of a meeting if the order of agenda items is to be rearranged for convenience, for
response to those attending for only certain items, or for better pacing of the agenda.
• Let the Chair run the meeting.
• Be fair, impartial, and respectful of the public, staff, and each other.
• Give your full attention when others speak.
• Encourage public participation in the meeting process.
• Come to each meeting with an open mind.
• Base decisions on public engagement, committee discussion, and meeting dialogue.
• Abstain if you have a conflict of interest or if you believe you may have one and have not yet conferred
with the City Attorney. You may also abstain if you feel you cannot be fair or cannot consider the item
with the public’s interest foremost in mind.
• Learn to trust your own judgment on decisions.
• Remember that people may be attending a meeting for the first time and may be unfamiliar with your
procedures. In your discussion, either avoid or explain technical terms or verbal shorthand.
• Listen to the public’s concerns. Do not engage inside conversations or otherwise be distracted during
public testimony. The opportunity for public testimony is central to the strength of democracy and is
therefore encouraged. Active listening, however, does not mean engaging the public in debate. Your
response is appropriately saved for after the public testimony is closed.
• Sometimes questions can most effectively focus discussion and direct decision-making. For Example:
What is the history behind this item? What are the benefits and drawbacks? What other alternatives
should we consider?
ATTENDANCE
• The City Council expects that members of BCCs will make every effort to attend all scheduled meetings.
• A compilation of attendance will be submitted to the City Council at least annually listing absences for all
commissions/committee members.
• If you miss more than one-third of the BCC meetings during the calendar year, this will be reported to
Council and may result in your removal from the BCC.
• Any member who feels that unique circumstances have led to numerous absences can appeal directly to
the City Council for a waiver of this policy or to obtain a leave of absence.
• While it is expected that members be present at all meetings, the chair and staff liaison should be
notified if a member knows in advance that he/she will be absent.
• When reviewing commissioners for reappointment, attendance at commission meetings will be given
significant consideration.
LATE ARRIVAL TO MEETINGS
If a member anticipates being late to a meeting, please notify the staff liaison regarding the approximate time of
arrival. Staff will alert the Chair.
Boards, Commissions, and Committees Handbook| City of Palo Alto 27
ABSENCES
Please refer to the BBC attendance requirements in the section above. It is an expectation as part of your BCC
service to attend all meetings. If you plan to be absent from a meeting, inform your staff liaison prior to the
posting of your committee’s agenda.
MINUTES
The staff liaison will prepare action minutes (except for the Historic Resources Committee, where the secretary
shall do so). Action minutes or summary (sense) minutes are preferred. Verbatim minutes are discouraged. The
minutes serve as the permanent official record of the advisory body. The minutes should reflect the members in
attendance, members who were absent, a description of each agenda item and the action taken by the advisory
body. Titles of motions and resolutions are recorded verbatim. In order to become an official record of activities,
minutes must be approved by the BCC. Minutes are normally approved as soon as reasonably possible.
Amendments or corrections may be made to the minutes in public meetings, with the approval of the BCC.
ADDRESSING THE MEDIA AND THE PUBLIC
It is important to recognize that as a BCC member your actions and comments are often interpreted to be that of
the entire BCC, the staff, or the City. Statements to the media should generally be avoided. If asked, route
questions through the Chair in collaboration with the City’s Chief Communications Officer.
When addressing the media, observe the following guidelines:
• You must clarify who you represent as the speaker. Are you speaking in your capacity as a BCC Chair or
as a private resident? Keep in mind that a member’s comments to the press or other public comments
are sometimes misinterpreted even though the BCC Chair states that they are speaking for themselves.
• Do not make promises to the public that are binding on the BCC, staff, or the City Council.
• Comments to the media or the public should be factual and accurate. Avoid speculation.
Boards, Commissions, and Committees Handbook| City of Palo Alto 28
SWEARING IN AND OATH OF OFFICE
Before taking office, each BCC member must be sworn in by the City Clerk,
by taking the Oath of Office to swear, or affirm, that he or she will support
and defend the Constitution of the United States and the Constitution of
the State of California against all enemies, foreign and domestic; that he or
she will bear true faith and allegiance to the Constitution of the United
States and the Constitution of the State of California; that he or she takes
this obligation freely, without mental reservation or purpose of evasion;
and that he or she will well and faithfully discharge the duties upon which
he or she is about to enter.
FORM 700 OBLIGATION AND CONFLICT OF INTEREST (GOVERNMENT CODE SECTION 87103 FINANCIAL INTEREST)
BCC members must file an annual Form 700 by April 1 of each year. In addition, most filers also must file within 30
days of assuming and leaving office. If you have any questions about your Form 700 duty to file, please contact
the City Clerk. Failure to timely file a Form 700 is grounds for dismissal.
ETHICS, CONFLICTS OF INTEREST, TRAINING
State and local laws have been adopted to ensure that local decision making is free from certain conflicts of
interest or the possibility of conflicts of interest. The Council has determined that appointed BCC members
should comply with these rules. Beyond the rules, BCC members should conduct themselves to a high ethical
standard, ensuring that all their duties are performed in the public interest.
BCC members must complete two hours of approved ethics training within one year of appointment, and every
two years thereafter. BCC members are responsible for compliance and submitting their certificates of
completion to the City Clerk. The training covers both conflicts of interest law and ethics principles.
There are a number of options for complying with the training requirement:
Self-study materials are available at http://www.ca-ilg.org/ab1234compliance. The materials require that you
read two articles on public service ethics laws and principles, take a self-assessment test, and then submit it to
the Institute for Local Government with a processing fee for each test. The Institute will review your test(s),
provide you the correct answers to the questions and a proof of participation certificate.
The Fair Political Practices Commission (FPPC) offers free online training at
http://localethics.fppc.ca.gov/login.aspx. This option requires you to log onto the FPPC’s website, review various
screens of materials, take periodic tests to assure retention of the information and then print out a certificate.
Failure to recuse can be grounds for dismissal.
V. CITY POLICIES AND PROCEDURES
Boards, Commissions, and Committees Handbook| City of Palo Alto 29
REMOVAL
BCC members serve at the pleasure of the Council. Council reserves the right to remove one or more members
of a BCC at any time, for any reason. BCC members understand that they are not entitled to any process in the
event Council removes them from service. Incumbents seeking a reappointment are required to complete and
file an application with the City Clerk by the application deadline.
The City Council may remove a member by a majority vote of the City Council without cause, notice or hearing.
Boards, Commissions, and Committees Handbook| City of Palo Alto 30
GENERAL OVERVIEW
The Ralph M. Brown Act, Government Code section 54950 et seq., sets
forth certain legal requirements regarding BCCs based on the public’s
right to know how decisions are made. Public agencies, boards,
commissions, and committees exist to aid in the conduct of the
people’s business. With the exception of ad hoc subcommittees, all
City BCC meetings shall be publicly noticed and agendized as required
by the Brown Act. The public shall be permitted to attend and
participate, according to the rules. These transparency procedures
improve promote trust in the public body and foster mutual respect by
serving the public’s right to be heard and considered in the decision-
making process.
The League of California Cities prepared a publication titled Open & Public V: A Guide to the Ralph M. Brown Act
which is an informative guide to the Brown Act, including tips, examples and illustrations. View it for free at:
http://www.cacities.org/openandpublic.
For additional information or to answer questions, BCC members should consult with their staff liaison, and
through the staff liaison the City Attorney, as necessary.
MEETINGS AND AGENDAS
A "meeting" takes place whenever a quorum is present and official business is considered. An agenda for each
regularly scheduled meeting must be posted at least 72-hours in advance. Agendas for special meetings require
24 hours’ notice. The agenda should include a brief description of every item to be considered. Except for very
brief announcements, if an item is not on the agenda, discussion should be deferred to a future meeting when it
can be properly agendized.
AVOIDING UNLAWFUL MEETINGS AND “SERIAL” MEETINGS
BCC members are permitted to socialize in a non-meeting setting but must refrain from discussing any BCC
business. Care should be taken to make sure that if a quorum of a BCC is gathered at a public or private meeting
place, no public business is discussed and that the gathering will not be interpreted as a meeting. Any
conversation that occurs among a majority of the members of a BCC on business that will come before it or is
likely to come before it is improper under the Brown Act no matter the means by which the conversation takes
place - in person communications, phone calls, writings, and electronic correspondence. When using email, be
cognizant that the Brown Act may be violated if a majority of a BCC engages in communication about City
business that is or is likely to come before that BCC. Email correspondence is covered by the Brown Act and BCC
members should be careful not to “reply all” to a communication directed to a BCC. In addition, emails and
phone call records relating to City business may be searchable and releasable pursuant to Public Records Act
requests.
VI RALPH M. BROWN ACT
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PUBLIC PARTICIPATION
The public has the right to be notified of items on the agenda, to attend meetings of a legislative body, to record
the meeting, to speak before or during consideration of an agenda item, and to see the materials of the
legislative body.
Every agenda must include time for public comment on matters within the jurisdiction of the BCC and not on the
agenda. BCC members generally should not engage in discussion of items raised by the public that are not on
the agenda.
Agenda materials released less than 72 hours prior to the meeting must be made available to the public at a
specified location as well as at the BCC meeting. The public must be allowed to speak on every agendized item,
before an action or vote is taken by the BCC.
Accommodations are available so that persons with disabilities can participate in all aspects of a BCC meeting.
Members of the public may make a written request to the staff liaison, including the requestor's name, address,
phone number and brief description of the requested materials, preferred alternative format, auxiliary aid or
service, or other needed accommodation. Advance notice is kindly requested so that arrangements can be
made.
Boards, Commissions, and Committees Handbook| City of Palo Alto 32
The City Council thanks you for applying for and accepting a position on one
of the City’s Boards, Commissions, or Committees, and for devoting your
time to help build a great community in Palo Alto through your civic
involvement. Please use this Handbook as a guide as you carry out your
duties as a member of a BCC, and please contact the City Clerk or your staff
liaison if you need any further information, advice, or assistance.
NCLCONCLUSI
VI. CONCLUSION
Boards, Commissions, and Committees Handbook| City of Palo Alto 33
BCC WORK PLAN GUIDELINES AND PROCESS
The City Council will vote on BCC work plans annually. Workplans are due in February and should consist of up to
three priorities. The City Council will ask the BCC Chair to present the workplan to the City Council. Workplans
should include if there is an intent to use Ad Hoc committees to assist in the BCC work for the year ahead. After
the workplan is approved, if there is an additional priority the BCC would like added, the BCC chair would make a
prompt request to the Council.
To guide the work of developing the BCC annual workplans, a short checklist is provided below:
• Review purpose of the BCC
• Discuss any City Council priorities for the BCC
• Discuss existing and possible projects, priorities and goals
• Order from high priority to low priority
• Finalize draft work plan for City Council review
• Use approved workplan as a guide to focus BCC work throughout the term of the workplan (one or two
years)
• Present report to the City Council annually and include:
• List of priorities, projects and goals
• Status updates
• If items are not complete, include why and any other additional details to share with the Council
EXHIBIT A
BCC WORKPLAN TEMPLATE
BCC NAME
BCC Purpose:
Approved
Projects,
Priorities, and
Goals
Name of
Project, Priority
or Goal
Benefit, if
Completed
Mandate by
State or Local
law and
approved by
City Council?
Y/N
Policy Update
as Directed by
the City
Council
Y/N
Timeline for
Completion
Resources
needed, i.e.
staff support,
sub committee
established,
etc.
Measure of
Success
Prioritize
projects,
priorities and
goals
Name of
Project, Priority
or Goal
Priority 1:
Urgent
(within six
months)
Priority 2: High
(within the
year)
Priority 3:
Medium
(within 2
years)
Priority 4: Low
(beyond 2
years)
City of Palo Alto I 250 Hamilton Avenue, Palo Alto, CA., 94301 I www.cityofpaloalto.org
Dear Community Member,
On behalf of my City Council colleagues, the City Council thanks you for your interest in serving on a
board, commission or committee for the City of Palo Alto.
Please read this letter, review the handbook for board and commission members, and look
through the attached application before you begin the process of applying to serve.
Expectations for board members and commissioners
The City of Palo Alto is fortunate to have many dedicated community members with expertise in a
variety of areas to advise the Council on decisions. Our boards, commissions and committees serve a
vital function for the City as they spend time reviewing detailed proposals with staff and hearing from
the public about their interests and concerns. Thus, it is important that all board, commission and
committee members are able to dedicate sufficient time to their work and that they prioritize preparing
for and attending the meetings. Please check the regular meeting times and schedules of the board,
commission, or committee that you are interested in serving on to ensure that you can meet these
expectations.
The City Council also expects board, commissioner, and committee members to adhere to the highest
standards of conduct and to be familiar with the policies and procedures we use to conduct the public’s
business. Please note that, as an appointed official, you will need to periodically file a Form 700, which
requires you to publicly share financial information.
Application process
Completed applications will first be provided to the City Council as an agenda item to decide which
candidates will be interviewed. Then, if you are selected for an interview, it will be for ten minutes at a
special public meeting with the Council (except for the Planning and Transportation Commission, whose
interviews are fifteen minutes). At a subsequent City Council meeting, the City Council will vote to
appoint new board members and commissioners. You will need to receive four votes in order to be
appointed and sometimes multiple rounds of voting are required to achieve that level of support.
Please keep in mind that successful applicants usually demonstrate a solid understanding of the
board, commission or committee to which they are applying. This can be in the form of attending
meetings and reviewing transcripts, speaking with current or former commissioners to learn more about
the role, and/or reading the documents that are most important to each board, commission or
committee.
Again, thank you for your interest in serving. If you have any questions about the application process,
please contact the City Clerk, Beth Minor at Beth.Minor@CityofPaloAlto.org.
Mayor
Application to Serve on the Planning and Transportation
Commission
Palo Alto welcomes volunteers and we appreciate that you are taking the time to apply.
Completion of this application provides valuable information to the City Council. Please
complete the application to the best of your abilities. If you have any questions or
concerns, please contact the City Clerk’s Office.
The Planning and Transportation Commission is responsible for:
• Preparing and making recommendations to the City Council on the City's
Comprehensive Plan regarding development, public facilities and transportation in
Palo Alto;
• Considering and making recommendations to the City Council on zoning map and
zoning ordinance changes;
• Reviewing and making recommendations to the City Council on subdivisions, on
appeals on variances and use permits;
• Considering other policies and programs affecting development and land use in Palo
Alto for final City Council action;
• Reviewing and making recommendations on individual projects such as Planned
Community Zones, Open Space development, and those other projects as are
directed by the zoning code, staff and City Council.
Please see Palo Alto Municipal Code Sections 2.16 and 2.20, and 19.04 for more detailed
information.
The Planning and Transportation Commission is composed of seven Members who are
not Council Members, officers, or employees of the City, and who are residents of the
City of Palo Alto. Terms of Commissioners will be for four years.
The Planning and Transportation Commission typically meets on the second and last
Wednesdays of each month at 6:00 pm. In addition to regular meetings,
Commissioners may be asked to participate on at least one sub-committee which could
hold additional meetings.
To receive email notifications of vacancies, contact the City Clerk's Office at
650-329-2571.
Planning and Transportation Commission Application
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Planning and Transportation Commission Application
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Planning & Transportation Commission Personal Information – Note: The PTC regularly meets the second and last Wednesdays of the month at 6:00 p.m.
Name:
Address:
Cell Phone:
____ Home / ____ Office Phone:
E-mail:
Are you a Palo Alto Resident? ____ Yes ____ No
Do you have any relatives or members of your household who are employed by the City of Palo Alto, who are currently
serving on the City Council, or who are Commissioners or Board Members?
____ Yes ____ No
Are you available and committed to complete the term applied for? ____ Yes ____ No
California state law and the City’s Conflict of Interest Code require appointed board and commission members to file
a detailed disclosure of their financial interests, Fair Political Practices Commission, Conflict of Interest, Form 700.
Do you or your spouse have an investment in, or do you or your spouse serve as an officer or director of, a company doing
business in Palo Alto which you believe is likely to;
1) engage in business with the City,
2) provide products or services for City projects, or
3) be affected by decisions of the board or commission you are applying for? ____ Yes ____ No
Excluding your principal residence, do you or your spouse own real property in Palo Alto? ____ Yes ____ No
How did you learn about this vacancy?
____ Community Group
____ Email from City Clerk
____ Palo Alto Weekly
____ Daily Post
____ City Website
____ Flyer
Other:
List relevant education, training, experience, certificates of training, licenses, or professional registration: (621 characters)
Planning and Transportation Commission Application
4 of 7
Employment
Present or Last Employer:
Occupation:
Describe your involvement in community activities, volunteering or with civic organizations: (1311 characters)
1. What is it about the Planning and Transportation Commission that is compatible with your experience and of
specific interest to you, and why? (1449 characters)
Planning and Transportation Commission Application
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2. Please describe an issue that recently came before the Commission that is of particular interest to you and describe why you are interested in it. If you have never been to a Commission meeting you can view an archived
video from the Midpen Media Center (here: https://midpenmedia.org/category/government/city-of-palo-
alto/) : (1518 characters)
3. If appointed, what specific goals would you like to see the Planning and Transportation Commission achieve,
and why? How would you suggest accomplishing this? (1587 characters)
Planning and Transportation Commission Application
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4. Planning and Transportation Commission Members work with the documents listed below. If you have
experience with any of these documents, please describe that experience. Experience with these documents is
not required for selection. (1380 characters)
Palo Alto Comprehensive Plan
Zoning Code
City Charter
California Environmental Quality Act
El Camino Real Design Guidelines
El Camino Real Master Plan Study
Area Plans such as the South of Forest Avenue (SOFA) I and II Plans
Baylands Master Plan
Planning and Transportation Commission Application
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Consent to Publish Personal Information on the City of Palo Alto Website
California Government Code Section 6254.21 states, in part,
“No state or local agency shall post the home address or telephone number of any elected or appointed official
on the Internet without first obtaining the written permission of that individual.”
This consent form will not be redacted and will be attached
to the Application and posted to the City’s website.
The full code can be read here:
Read the code, and check only ONE option below:
_ I give permission for the City of Palo Alto to post to the City’s website the attached Board and
Commission Application intact. I have read and understand my rights under Government Code Section
6254.21. I may revoke this permission at any time by providing written notice to the Palo Alto City
Clerk.
OR
I request that the City of Palo Alto redact my home address, phone numbers, and email address from
the attached Board and Commission Application prior to posting to the City’s website. I am providing
the following alternate information and request that they use the following contact information
instead.
Address:
Cell Phone:
____ Home / ____ Office Phone: ___________________________________________________
E-mail: ____________________________________________
Signature: Date:
(Optional) Additional Attachment(s)
If you would like to submit a resume, work sample, etc. along with your
Application, Check this box and click “Attach” to upload your document(s).