HomeMy WebLinkAbout2022-11-14 City Council Agenda Packet1
City Council
Special Meeting
Monday, November 14, 2022
5:00 PM
Council Chamber & Virtual
Pursuant to AB 361 Palo Alto City Council meetings will be held as “hybrid” meetings with the
option to attend by teleconference/video conference or in person. To maximize public safety
while still maintaining transparency and public access, members of the public can choose to
participate from home or attend in person. Information on how the public may observe and
participate in the meeting is located at the end of the agenda. Masks are strongly
encouraged if attending in person.
HOW TO PARTICIPATE
VIRTUAL PARTICIPATION
CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238)
Meeting ID: 362 027 238 Phone:1(669)900-6833
The meeting will be broadcast on Cable TV Channel 26, live on YouTube at
https://www.youtube.com/c/cityofpaloalto, and s t r e a m e d t o Midpen Media
Center at https://midpenmedia.org.
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.
REVISED PUBLIC COMMENTS
Public Comments will be accepted both in person and via Zoom for up to three
minutes or an amount of time determined by the Chair. All requests to speak
will be taken until 5 minutes after the staff’s presentation. Written public
comments can be submitted in advance to city.council@cityofpaloalto.org and
will be provided to the Council and available for inspection on the City’s
website. Please clearly indicate which agenda item you are referencing in your
email subject line.
PowerPoints, videos, or other media to be presented during public comment are
accepted only by email to city.clerk@cityofpaloalto.org at least 24 hours prior
to the meeting. Once received, the City Clerk will have them shared at public
comment for the specified item. To uphold st rong cybersecurity management
practices, USB’s or other physical electronic storage devices are not accepted.
2 Special Meeting November 14, 2022
Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for
public inspection at www.CityofPaloAlto.org.
CALL TO ORDER CLOSED
SESSION (5:00 - 6:30 PM)
Public Comments: Members of the public may speak to the Closed Session item(s); three minutes per speaker.
1.CONFERENCE WITH CITY ATTORNEY Subject: Written Liability Claim
Against the City of Palo Alto By Steven and Catherine Popell (Claim No.
C23-0007) Authority: Government Code Section 54956.9(e)(3)
2.CONFERENCE WITH LABOR NEGOTIATORS
City Designated Representatives: City Manager and his Designees
Pursuant to Merit System Rules and Regulations (Ed Shikada, Kiely
Nose, Sandra Blanch, Nicholas Raisch, Molly Stump, and Terence
Howzell)
Employee Organization: Service Employees International Union,
(SEIU) Local 521, Utilities Management and Professional Association of
Palo Alto (UMPAPA)Palo Alto Peace Officer’s Association (PAPOA), Palo
Alto Police Management Association (PMA), International Association of
Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs Association
(FCA),; Authority: Government Code Section 54957.6 (a)
STUDY SESSION (6:30 - 7:30 PM)
3.Bi-Annual Discussion with the Independent Police Auditor
AGENDA CHANGES, ADDITIONS AND DELETIONS
PUBLIC COMMENT (7:30 - 7:50 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 (7:50 - 7:55 PM)
Items will be voted on in one motion unless removed from the calendar by three Council Members.
4.Approval of Contract Amendment Number 3 to Contract Number
C16166822 with ARC Document Solutions for Copiers/Printers to
Extend the Term of the Contract for Three Additional Years and to
Decrease the Annual Amount by $102,068 to $306,000 Per Year and a
Total Contract Not to Exceed amount of $2,835,340
5.Approval of a Construction Contract with Anderson Pacific Engineering
Construction in the Amount of $6,070,000; Authorization for the City
Manager or Their Designee to Negotiate and Execute Change Orders
Q&A
Public
Letters
Presentation
3 Special Meeting November 14, 2022
Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for
public inspection at www.CityofPaloAlto.org.
up to a Not-to-Exceed Amount of $607,000; Approval of Amendment
#1 to Contract Number C21176592C with Carollo Engineers to Add
Services, to Increase Compensation by $604,246 for a New Maximum
Compensation Not-to-Exceed $604,247 for the Wastewater Treatment
Fund for the 12kV Electrical Power Distribution Loop Rehabilitation Bid
Package 1 Project funded by the Plant Repair, Retr ofit, and Equipment
Replacement Project (WQ-19002) at the Regional Water Quality
Control Plant
SECOND READING: Adoption of Nine Ordinances That Repeal and
Adopt Various Sections of the Palo Alto Municipal Code (PAMC) Related
to the 2022 CA Building Codes (CA Code of Regulations Title 24)
Update and Proposed Local Amendments; including: (1) Chapter 15.04
Incorporating the 2022 CA Fire Code With Local Amendments; (2)
Chapter 16.04 Incorporating the 2022 CA Building Code With Local
Amendments; (3) Chapter 16.05 Incorporating the 2022 CA
Mechanical Code With Local Amendments; (4) Chapter 16.06
Incorporating the 2022 CA Residential Code With Local Amendments
and Amending Chapter 16.52 to Align Federal, State, and Local Flood
Hazard Regulations; (5) Chapter 16.08 Incorporating the 2022 CA
Plumbing Code With Local Amendments; (6) Chapter 16.16
Incorporating the 2022 CA Electrical Code With Local Amendments;
Chapter 16.18 Incorporating the 2021 International Swimming Pool
and Spa Code With Local Amendments; (8) Chapter 16.14
Incorporating the 2022 CA Green Building Standards Code with Local
Amendments; (9) Chapter 16.17 Incorporating the 2022 CA Energy
Code Without Local Amendments. Environmental Assessment: Project
is Exempt Under CA Environmental Quality Act CEQA Guidelines
Sections 15061(b)(3) and 15308 (FIRST READING: October 17, 2022
PASSED: 7-0).
Adoption of a Resolution for the Santa Clara County Historical Heritage
Grant Program Authorizing the Application and Receipt of Grant Funds
by the City of Palo Alto for the Roth Building (300 Homer Ave)
Windows Rehabilitation & Restoration
CITY MANAGER COMMENTS (7:55 - 8:15 PM)
ACTION ITEMS
Include: Reports of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Reports of Officials,
Unfinished Business and Council Matters.
8.PUBLIC HEARING: Staff Recommend the City Council Review the North
Ventura Coordinated Area Plan (NVCAP) Refined Preferred Alternative,
Take Public Comment, and Endorse the Refined Preferred Alternative
Plan. (Continued from October 24, 2022) (8:15 PM - 9:30 PM)
6.
7.
Presentation
Presentation
4 Special Meeting November 14, 2022
Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for
public inspection at www.CityofPaloAlto.org.
9.City Council discussion and direction regarding wage requirements
for the contract for next Janitorial services (9:30 PM - 10:30 PM)
A.Review and Provide Direction on Wage and Benefits Requirements for
Inclusion in a New Janitorial Services Request for Proposal (RFP)
B.Responsible Contracting Standards Colleague's Memo (Stone & Burt)
COUNCIL MEMBER QUESTIONS, COMMENTS, ANNOUNCEMENTS
Members of the public may not speak to the item(s)
ADJOURNMENT
INFORMATION REPORTS
Information reports are provided for informational purposes only to the Council and the public but are not listed for
action during this meeting’s agenda.
10.Sales Tax Digest Summary Calendar 2022 Q2 (April 2022-June 2022)
11.Community Development Block Grant (CDBG) FY2022 Year-end Report
Consolidated Annual Performance and Evaluation Report (CAPER)
OTHER INFORMATION
Standing Committee Meetings
Finance Committee Meeting November 15, 2022
Rail Committee Meeting November 18, 2022
Public Comment Letters
Schedule of Meetings
Presentation
5 Special Meeting November 14, 2022
Materials related to an item on this agenda submitted to the Board after distribution of the agenda packet are available for
public inspection at www.CityofPaloAlto.org.
PUBLIC COMMENT INSTRUCTIONS
Members of the Public may provide public comments to hybrid meetings via email, in
person, teleconference, or by phone.
1. Written public comments may be submitted by email to
city.council@cityofpaloalto.org.
2. In person public comments please complete a speaker request card located on
the table at the entrance to the Council Chambers, and deliver it to t he City Clerk
prior to discussion of the item.
3. Spoken public comments using a computer or smart phone will be accepted
through the teleconference meeting. To address the Council, click on the link below
to access a Zoom-based meeting. Please read the following instructions carefully.
• You may download the Zoom client or connect to the meeting in - browser. If using
your browser, make sure you are using a current, up-to-date browser: Chrome
30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain functionalit y may be
disabled in older browsers including Internet Explorer. Or download the Zoom
application onto your phone from the Apple App Store or Google Play Store and
enter the Meeting ID below
• You may be asked to enter an email address and name. We request t hat you
identify yourself by name as this will be visible online and will be used to notify
you that it is your turn to speak.
• When you wish to speak on an Agenda Item, click on “raise hand.” The Clerk will
activate and unmute speakers in turn. Speakers wi ll be notified shortly before
they are called to speak.
• When called, please limit your remarks to the time limit allotted.
• A timer will be shown on the computer to help keep track of your comments.
4. Spoken public comments using a phone use the telephone number listed below.
When you wish to speak on an agenda item hit *9 on your phone so we know that
you wish to speak. You will be asked to provide your firs t and last name before
addressing the Council. You will be advised how long you have to speak. When ca lled
please limit your remarks to the agenda item and time limit allotted.
Click to Join Zoom Meeting ID: 992-2730-7235 Phone: 1(669)900-6833
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 complian ce with the
Americans with Disabilities Act (ADA) of 1990, may contact (650) 329 -2550 (Voice) 48
hours or more in advance.
City of Palo Alto (ID # 14931)
City Council Staff Report
Meeting Date: 11/14/2022 Report Type: Study Session
City of Palo Alto Page 1
Title: Bi-Annual Discussion with the Independent Police Auditor
From: City Manager
Lead Department: City Manager
Recommendation
This Study Session is a bi-annual opportunity for Council discussion with the Independent Police
Auditor. There is no recommended action.
Discussion
Since 2006, Palo Alto has utilized an independent police auditor (IPA) to conduct secondary
review of defined investigations of uniformed Police Department personnel and provide related
services. Since the inception of the independent police auditing program, the City has
contracted with the Office of Independent Review (OIR Group), to provide these services.
In 2021, the City Council amended the IPA contract scope to include meeting with the City
Council in open session twice a year. The most recent discussions with the IPA were a Study
Session on September 13, 20211 and both a study session and possible approval of additional
services on March 14, 2022.2 At the March 2022 meeting, the Council unanimously approved 1)
ask OIR to perform a one-time performance review on Police Department recruitment and
hiring and 2) require the Police Department to provide a written response to future IPA
recommendations. As a result of the second part of that motion, staff has included written
responses to the IPA recommendations as an attachment to the most recent IPA report and
also shared an informational memo on June 20, 20223 with responses to the IPA’s February
report.
The one-time review of Police Department Hiring includes recruitment and hiring processes to
1 September 13, 2021 City Council Item #1, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-
reports/agendas-minutes/city-council-agendas-minutes/2021/09-september/20210913/20210913smccsct-
final.pdf.
2 March 14, 2022 City Council Item #11, https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-
reports/agendas-minutes/city-council-agendas-minutes/2022/20220314/20220314pccsm-amended-final-revised-
ppt.pdf
3 June 20, 2022 City Council Informational Item #33, https://www.cityofpaloalto.org/files/assets/public/agendas-
minutes-reports/agendas-minutes/city-council-agendas-minutes/2022/20220620/20220620pccsm-amended-final-
final.pdf
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City of Palo Alto Page 2
assess the extent to which the PAPD recruiting and hiring strategy and standards reflect
contemporary thinking about candidate eligibility, suitability, and potential. OIR will provide an
update on their progress at the November 14 Study Session and staff anticipates the Hiring and
Recruiting report to be released by the end of the year. The IPA plans to discuss a high-level
review of their recent report recommendations with the City Council during this study session.
Resource Impact
The City’s contract with OIR provides for $97,500 for core services, including secondary reviews
of the Police Department administrative investigations and other matters as described in the
contract; preparation of two reports per year; and two discussions with the City Council.
Performance reviews are funded as optional additional services, up to $10,000. This additional
$10,000 is being used this year for the recruitment and hiring review.
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City of Palo Alto (ID # 14407)
City Council Staff Report
Meeting Date: 11/14/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Approval of Contract Amendment Number 3 to Contract Number
C16166822 with ARC Document Solutions for Copiers/Printers to Extend the
Term of the Contract for Three Additional Years and to Decrease the Annual
Amount by $102,068 to $306,000 Per Year an d a Total Contract Not to Exceed
amount of $2,835,340
From: City Manager
Lead Department: Administrative Services
Recommendation
Staff recommends the City Council approve and authorize the City Manager or their designee to
execute Contract Amendment No. 3 to Contract No. C16166822 (Attachment A) with ARC
Document Solutions (ARC) for managed print services to:
1)Extend the term of the contract for three additional years from June 30, 2022 to June
30, 2025, and
2)Decrease the annual not-to-exceed amount from $408,068 to $306,000 per year, for a
new contract total not-to exceed amount of $2,835,340.
Background
The City of Palo Alto uses multifunctional copier, printer, fax and scanner machines and related
maintenance services citywide provided by ARC in a five-year contract established in 2016 (CMR
ID #70461), with a not to exceed value of $1.7 million over the five-year term. This contract was
entered into in place of an expired Toshiba copier lease agreement. The ARC contract
implemented new multifunctional machines under a managed print services model providing
standard copy and scanning functions and link via the cloud to the ARC document storage
platform. The new machines replaced the City’s prior fleet of standard office copiers. Staff
evaluated options from several service providers through cooperative pricing arrangements and
determined that ARC offered the best combination of price and features. Offerings from ARC,
Cannon, EIS-Xerox, Toshiba, Ricoh, Sharp and CTKonica, KBA-Kyocera and Ricoh were reviewed
during this process.
1 11/14/2016 City Council, Managed Print Services Contract with ARC;
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/reports/city-manager-reports-
cmrs/year-archive/2016/7046.pdf
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City of Palo Alto Page 2
The City of Palo Alto prints its own utility bills for all utility customers, approximately 350,000
paper bills annually. Under the 2016 ARC contract, ARC was able to test and deploy new bill
printing machines and include them in the citywide contract. This allowed the City to
consolidate printing activities to a single contract instead of maintaining standalon e printers
including specific toner supply for those units. In addition to the new ARC units brought on for
utility bill printing, ARC machines were also added in department locations throughout the City
that previously had aging standalone network printers. All ARC units are serviced regularly by
ARC, including replacing toner cartridges and stocking with paper; these costs are rolled into
the per-click charge model operating by ARC.
Discussion
Amendment #3 seeks to increase the legth of the current contract with ARC and lower the total
compensation of the contract. As a result in changes in business costs, the City’s annual spend
with ARC has adjusted from $408,000 on average to $306,000. The cost reduction is due in
part to continued conversion from paper-based processes to paperless processes. The primary
catalyst, however, is the significant change in business processes as a result of the pandemic.
As a volume-based contract price, the reduction in activity has resulted in lower annual costs by
approximately $100,000.
The additional length of time is requested without an increase in annual compensation due to
the significant savings realized during the pandemic. Due to staffing limitations and turnover,
staff have been unable to complete a new procurement process. The additional three years,
without an increase in costs to the City, will allow the Department to review the market place
and complete a proper procurement process.
Resource Impact
The annual not-to-exceed amount decreased from $408,068 to $306,000 per year, for a new
contract total not-to exceed amount of $2,835,340 from the current not-to-exceed amount of
$1,917,340. The decrease in annual cost will be allocated to City departments based on recent
historical experience, and primarily will be seen across operating departments and the services
for Utility billing. The actual costs will vary depending on printing quantity, color versus black
and white, utility bill content and inserts.
Funding for the existing ARC contract is available in the Fiscal Year 2023 Adopted Operating
Budget in the Printing and Mail Internal Service Fund . Funding for future fiscal years is subject
to City Council approval through the annual budget process.
Environmental Review
These services do not constitute a project for the purposes of the California Environmental
Quality Act.
Attachments:
•Attachment4.a:Attachment A: ARC Document Solutions Contract; C16166822,
Amendment No. 3
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AMENDMENT NO. 3 TO CONTRACT NO. C16166822
BETWEEN THE CITY OF PALO ALTO AND
ARC DOCUMENT SOLUTIONS
This Amendment No. 3 (this “Amendment”) to Contract No.C16166822 (the “Contract” as
defined below) is entered into as of September 19, 2022, by and between the CITY OF PALO ALTO,
a California chartered municipal corporation (“CITY”), and ARC DOCUMENT SOLUTIONS, a Texas
limited liability company, located at 2430 Mariner Square Loop, Suite A, Alameda, California,
94501, Telephone Number: (415) 495-2542 (“CONSULTANT”). CITY and CONSULTANT are referred
to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties hereto
for the provision of Copier Equipment, Software, and Services, as detailed therein, with an annual
not-to-exceed amount of $367,068 for 5 years for a not-to-exceed amount of $1,835,340.
B. The Parties amended the Contract via Amendment No. 1 to increase the annual not-
to-exceed amount from $367,068 to $408,068 for contract years 4 and 5 in order to cover higher-
than-anticipated use of the Services during certain months of the year, and thereby increasing the
not-to-exceed amount of the Contract from $1,835,340 to $1,917,340.
C. The Parties amended the Contract via Amendment No. 2 to extend the term of the
Contract by 6 months, from December 31, 2021 to June 30, 2022.
D. The Parties now wish to amend the Contract in order to extend the term of the
Contract for three additional years from June 30, 2022 to June 30, 2025, and to decrease the
annual not-to-exceed amount from $408,068 to $306,000 per year, for a new Contract total not-to-
exceed amount of $2,835,340, as detailed herein.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of
this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. C16166822
between CONSULTANT and CITY, dated December 1, 2017, as amended by:
Amendment No.1, dated December 10, 2018
Amendment No.2, dated February 7, 2022
b. Other Terms. Capitalized terms used and not defined in this Amendment
shall have the meanings assigned to such terms in the Contract.
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SECTION 2. Section 2, “EXHIBITS,” of the Contract is hereby amended to read as follows:
“2. EXHIBITS. The following exhibits are attached to and made a part of this Agreement:
“A” – Scope of Services
“A-1” – Exhibits
“B” – Schedule of Performance
“C” – Schedule of Fees
“D” – Insurance Requirements
“E” – IT Security Requirements
CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED.”
SECTION 3. Section 3, “TERM,” of the Contract is hereby amended to read as follows:
“3. TERM. The term of this Agreement is from 12/01/2016 to 06/30/2025 inclusive, subject to the
provisions of Sections R and W of the General Terms and Conditions. The Term of this Agreement
shall be for (102) one hundred two months (“Term”), beginning on the date of installation.
Thereafter, the term of this Agreement shall be renewed only upon mutual agreement, unless
otherwise terminated by either party.”
SECTION 4. Section 5, “COMPENSATION FOR ORIGINAL TERM,” of the Contract is hereby
amended to read as follows:
“5. COMPENSATION FOR ORIGINAL TERM. CITY shall pay and CONSULTANT agrees to accept as
not-to-exceed compensation for the full performance of the Services and reimbursable expenses, if
any:
Not to exceed a maximum annual sum in Year 1, Year 2, and Year 3 of three
hundred sixty seven thousand sixty eight dollars ($367,068), in Year 4 and Year 5 of
four hundred eight thousand sixty eight dollars ($408,068), and in Year 6, Year 7,
and Year 8 of three hundred six thousand dollars ($306,000), for a total not-to-
exceed maximum compensation amount of the Agreement of two million eight
hundred thirty five thousand three hundred forty dollars ($2,835,340).
CONTRACTOR agrees that it can perform the Services for an amount not to exceed the total
maximum compensation set forth above. Any hours worked or services performed by
CONTRACTOR for which payment would result in a total exceeding the maximum amount of
compensation set forth above for performance of the Services shall be at no cost to CITY.”
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SECTION 5. The following exhibits to the Contract are hereby amended or added, as
indicated below, to read as set forth in the attachments to this Amendment, which are hereby
incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “A” entitled “SCOPE OF SERVICES”, AMENDED, REPLACES PREVIOUS.
b. Exhibit “A-1” entitled “EQUIPMENT”,AMENDED, REPLACES PREVIOUS.
c. Exhibit “C” entitled “SCHEDULE OF FEES”, AMENDED, REPLACES PREVIOUS.
SECTION 6. Legal Effect. Except as modified by this Amendment, all other provisions of the
Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 7. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed
this Amendment effective as of the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
City Attorney or designee
ARC DOCUMENT SOLUTIONS
Officer 1
By:
Name:
Title:
Officer 2 (Required for Corp. or LLC)
By:
Name:
Title:
Attachments:
EXHIBIT A: SCOPE OF SERVICES (AMENDED, REPLACES PREVIOUS)
EXHIBIT A-1: EQUIPMENT (AMENDED, REPLACES PREVIOUS)
EXHIBIT C: SCHEDULE OF FEES (AMENDED, REPLACES PREVIOUS)
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VP of Operations
Rick Ferry
Regional Vice President
Tyler Kuruneru
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EXHIBIT A
SCOPE OF SERVICES
(AMENDED, REPLACES PREVIOUS)
SUMMARY
ARC Document Solutions, LLC (“ARC”) will provide the Equipment, Software, and Services
outlined in Exhibit A-1 (Equipment) of this Agreement.
IMPLEMENTATION: ARC shall plan and coordinate with the CITY of Palo Alto (“CITY”) a phased
in implementation process of agreed to brand(s) and models of multi-functional printers, any
other equipment (scanners), and the Abacus Managed Print Services (MPS) software. ARC’s
implementation process shall include assessment of each implementing CITY department’s
business work processes. The implementation shall also provide adequate MPS and equipment
use training. The implementation process shall adequately assist the CITY in maximizing its use
of the managed print services technology and the equipment technology, both of which allow
the CITY’s to print less and increase use of the CITY’s electronic document management
practices. The implementation schedule can be found in Exhibit B (Schedule of Performance) of
this Agreement.
SERVICE LEVEL: During the Term, ARC shall provide onsite service and/or remote service (when
access is allowed by CITY) during normal business hours (“Services”). Diagnosis will be
performed within a 4-8 hour time-frame and resolution, when feasible within 48 hours.
ONGOING SUPPORT, INSTALLATION, RELOCATIONS & REINSTALLATIONS: ARC and CITY agree
to meet, as needed, to discuss service, volume, and/or new technologies. CITY agrees the
Equipment shall not be relocated without the prior written approval of ARC. Relocation and
software re-installation fees will be assessed at the time of the request at $150.00 per hour.
CITY agrees not to allow any sub-tenants with additional networks to use or access ARC
Equipment without the prior approval of ARC.
CITY may option to have ARC change out the brand and/or model of equipment at any one or
more locations. If the CITY places three (3) service calls on any given Multifunctional Device
(MFD) copier within a month, ARC will escalate to the equipment manufacturer. If the MFD
copier has not been fixed and the issue(s) still persists within ninety (90) days, a like for like
copier equipment (L4L) will be rendered. CITY is advised by ARC to limit equipment variety
wherever possible in order to sustain end user consistency of equipment use within the MPS
environment. CITY may option to have ARC replace any equipment at any location that is found
to be deficient in performance. CITY may at any time exercise its option to have ARC remove
any of the equipment ARC provides at any location without penalty or cost to the CITY.
PAPER SUPPLY: Included as part of the service, ARC will supply copier/printer paper in the
type/grade required by the city. ARC will be remotely monitoring paper usage, toner usage,
and all equipment activity, in an effort to maintain 100% uptime performance. Paper will be
automatically delivered to the various departments where equipment is located, based on the
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appropriately monitored usage levels of each equipment unit. This means the intervals and
amounts of cases of paper shipped will vary by location based on usage rates in each location.
ONSITE SUPPORT: CONSULTANT to Provide One (1) Part-Time Onsite Employee to replace
paper and toner at all scheduled locations.
HARD‐DRIVE SECURITY PROCEDURES for multi‐function devices at ARC MPS Locations:
Removal of existing customer data and information from a machine’s hard disk drive at
replacement or return at end of term:
For Xerox Workcentre devices: Jobs may be written to nonvolatile memory (e.g. to a hard
drive) during processing. Generally, when a job finishes, this data is deleted, but may still be
recoverable using forensic tools. Image overwrite is effective at eliminating this job data from
the hard drive once the data is no longer needed. Xerox also scrambles the data with the user
data encryption feature. This further protects data at rest from unauthorized access.
Countermeasures are built into products to reduce this risk. ARC will be enabling the following
features upon deployment:
• Immediate Job Overwrite or Immediate Image Overwrite is a feature that deletes and
overwrites (with a specific data pattern) disk sectors that temporarily contained electronic
image data. Products that use hard disk drives to store job data initiate this process at the
completion of each job. This conforms to NIST Special Publication 800-88 Rev1. This
should be enabled (and is by default on many products).
• On Demand Image Overwrite is a manually initiated (can also be scheduled) feature that
deletes and overwrites (with a specific data pattern) every sector of any partitions of the
hard drive that may contain customer data. The device will be offline for a period of 20
minutes to one hour while this completes. This conforms to NIST Special Publication 800-
88 Rev1. ODIO is effective as an extra protection step when the utmost in security is
needed.
• Disk or User Data Encryption is a feature which encrypts all partitions of the hard drive
that may contain customer data with AES encryption. This should be enabled (and is by
default on many products). Encryption can be used in combination with either overwrite
feature.
For any other brand of ARC provided multifunctional printer devices: The technology and
means may differ according to brand. ARC and the City will address by Contract amanedment.
For any non‐ARC provided, decommissioned multifunctional printer devices: at the request of
the City, ARC will e-waste the machines for a fee of $125 per unit and offer two options:
• Remove and leave the Hard drive to the City
OR
• Format the Hard Drive (this takes 1-5 hours depending on the amount of information
stored)
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When ARC is removing or replacing any Multifunctional Printer devices, a sign off certification
sheet validating the removal of customer data and information will be provided to the City’s IT
department.
ABACUS TRACKING SOFTWARE:
• Implement Abacus to enable/encourage continuous improvement of sustainable
printing practices with Rules Based Printing to reduce hardcopy/color printing/costs, to
encourage paperless work flows and redirect large print jobs to the print center. Print
Retrieval to improve confidentiality and to eliminate wasted prints saving paper.
• Print and Copy Tracking to identify, track and allocate costs to appropriate departments
• Print & Archive / Scan to Archive workflow to SkySite InfoLink
• Data Cost Agent to automatically replenish toner for networked devices and reduce
admin time managing ink/toner/paper inventory, proactively monitor error messages
and create a more proactive approach to printer support to reduce downtime.
Software to include: Abacus Print Management User Licenses (500 Users), Abacus Print
Management Device Licenses (60 Devices), On-Site Installation & Training, Annual Support,
Hardware Server, Installation of RFID Card Readers to all MFD copiers.
REPORTING: ARC will provide reports to CITY of Palo Alto’s Department / Division level
managers on established intervals (monthly and quarterly). ARC will provide enterprise-wide
activity reports quarterly to the CITY’s executive and environmental management. Reports
will range in detail from equipment usage activity to individual desktop user activity. ARC
representatives are available to help review and interpret report data as needed.
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EXHIBIT A‐1
EQUIPMENT
(AMENDED, REPLACES PREVIOUS)
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EXHIBIT C
SCHEDULE OF FEES
(AMENDED, REPLACES PREVIOUS)
Compensation based upon fee schedule CITY shall pay CONSULTANT according to the following rate
schedule. The maximum amount of compensation to be paid to CONSULTANT, including both
payment for services and reimbursable expenses, shall not exceed the amounts set forth in Section
5 of the Agreement. Any services provided or hours worked for which payment would result in a
total exceeding the maximum amount of compensation set forth herein shall be at no cost to CITY.
ORIGINAL CONTRACT: ANNUAL COST:
Year 1 (Dec 1, 2016 - Dec 31, 2017) $ 367,068
Year 2 (Jan 1, 2018 - Dec 31, 2017) $ 367,068
Year 3 (Jan 1, 2019 - Dec 31, 2019) $ 367,068
Subtotal of Original Contract: $ 1,101,204
AMENDMENT NO 1: ANNUAL COST:
Year 4 (Jan 1, 2020 - Dec 31, 2020) $ 408,068
Year 5 (Jan 1, 2021 - Dec 31, 2021) $ 408,068
Subtotal of Amendment No. 1: $ 816,136
Sum of Original and Amend No.1: $ 1,917,340
AMENDMENT NO 2: (Jan 1, 2021 - June 30, 2022) Term extension only
AMENDMENT NO 3: ANNUAL COST:
Year 6 (July 1, 2022 - June 30, 2023) $ 306,000
Year 7 (July 1, 2023 - June 30, 2024) $ 306,000
Year 8 (July 1, 2024 - June 30, 2025) $ 306,000
Subtotal of Amendment No. 3: $ 918,000
TOTAL NOT TO EXCEED (Sum of Original and Amend No. 1 & 3): $ 2,835,340
(EXHIBIT C IS CONTINUED ON THE FOLLOWING PAGES.)
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Appendix A (Equipment & Location) is hereby attached and incorporated into this Exhibit C
(Schedule of Fees) by reference as though fully set forth herein.
Appendix A (Equipment & Location) to Exhibit C (Schedule of Fees)
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City of Palo Alto (ID # 14602)
City Council Staff Report
Meeting Date: 11/14/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Approval of a Construction Contract with Anderson Pacific Engineering
Construction in the Amount of $6,070,000; Authorization for the City
Manager or Their Designee to Negotiate and Execute Change Orders up to a
Not-to-Exceed Amount of $607,000; App roval of Amendment #1 to Contract
Number C21176592C with Carollo Engineers to Add Services, to Increase
Compensation by $604,246 for a New Maximum Compensation Not -to-
Exceed $604,247 for the Wastewater Treatment Fund for the 12kV Electrical
Power Distribut ion Loop Rehabilitation Bid Package 1 Project funded by the
Plant Repair, Retrofit, and Equipment Replacement Project (WQ -19002) at
the Regional Water Quality Control Plant
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council:
1. Approve and authorize the City Manager or their designee to execute the contract with
Anderson Pacific Engineering Construction, Inc., (APEC)1, in the amount of $6,070,000
for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Pac kage 1 Project,
funded in the Plant Repair, Retrofit, and Equipment Replacement Project (WQ-19002) at
the Regional Water Quality Control Plant;
2. Authorize the City Manager or their designee to execute one or more change orders to
the contract with APEC, for related, additional but unforeseen work that may develop
during the project, the total value of which shall not exceed $607,000; and
3. Authorize the City Manager or their designee to execute Amendment No. 1 o Contract
No. C21176592C with Carollo Engineers to increase the contract amount by $604,246 to
provide construction management and inspection services during construction for the
12kV Electrical Power Distribution Loop Rehabilitation Bid Package 1 Project funded in
the Plant Repair, Retrofit, and Equipment Replacement project (WQ-19002). The revised
1 Contract C23185744 Anderson Pacific Engineering Construction, Inc.,
https://www.cityofpaloalto.org/files/assets/public/public-works/water-quality-control-plant/attachment-d-
c23185744-anderson-pacific_cc_minutetraq.pdf
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total contract amount is not to exceed $604,247 including $549,315 for basic services
and $54,932 for additional services.
Background
The Regional Water Quality Control Plant (RWQCP) obtains electrical power from the City of
Palo Alto Utilities (CPAU) Department. Onsite distribution of the medium voltage power is
through a radial 12,470-volt (12kV) underground distribution system, which feeds ten power
distribution load centers where the voltage is transformed from 12kV down to 480-volts. The
480-volt power is the key power supply for the RWQCP’s industrial treatment equipment. The
12kV distribution system has feeder distribution cables installed around 1980. The 12kV cables,
the existing load centers, and 12kV electrical switches are at the end of their useful life and in
need of replacement.
In October 2012, the City adopted the Long Range Facilities Plan (LRFP), which provided a
roadmap for future improvements at the RWQCP. This project is one of the projects
recommended by the LRFP. Based on consultation with CPAU, replacement of the aging
electrical infrastructure at the RWQCP is needed to maintain reliably safe operation. The design
of the 12kV Electrical Power Distribution Loop Rehabilitation Project (Project) was completed in
April 2022 under a separate contract (C19170648) with Salas O’Brien Engineers approved by
Council in October 20182. The Project includes replacement of aging electrical cables, pad-
mounted switches, and load centers; work includes construction of elevated equipment pads to
adapt to the City’s Sea Level Rise policy. The Project design includes plant-wide electrical
system harmonic assessments and arc-flash hazard risk assessments.
Contract documents include a sequence of work that allows the construction work to be
commenced in seven phases to allow for coordination with other RWQCP ongoing and
upcoming capital program projects. This construction package is designated as Construction Bid
Package 1, and it covers work under Phase 1 as indicated on the construction drawings.
Currently, the Engineer’s Estimate for the remaining Phases 2 through 7 is $9.7 million;
however, market conditions in the upcoming years will determine the actual cost of the
remaining phases of the project.
Phase Description Estimate Remarks
02 CPAU Secondary Service Cabinet and Switch 1910X $3,566,859 LC1
03 Medium Voltage Switch 1594X Replacement $1,213,442 Cap Bank
04 Medium Voltage Switch 1911X Replacement $1,549,061 LC2
05 Refeed Load Center LC9 $146,380
06 Medium Voltage Switch 1912X Replacement $1,908,116 LC 5 & 6
07 Medium Voltage Switch 1913X Replacement $1,276,063 LC7
2 City Council Staff Report ID# 9274 October 2018 https://www.cityofpaloalto.org/files/assets/public/agendas-
minutes-reports/reports/city-manager-reports-cmrs/year-archive/2018/id-9274-design-services-for-wqcp-
medium-voltage-electrical-distribution-network-rehabilitation.pdf
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Phases 2 through 7 $9,659,921
Staff intends to execute one or more phases of the project every two years. The schedule and
packaging of the phases will depend on priority of the phase, the availability of funds, and
coordination with other on-going projects at the Plant.
Discussion
The 12kV Electrical Power Distribution Loop Rehabilitation Project includes seven phases of
work that are being planned and sequenced in upcoming years to coordinate with other
RWQCP ongoing capital projects. Under Bid Package 1 (IFB 185744), the Contractor will perform
Phase 1 work including
• the replacement of electrical Switchgear 1914X, replacement of Load Center Nos. 3 and
4, and replacement of associated conductors;
• installation of temporary conductors and conduits during shutdown and switchover;
• demolition of existing equipment (load centers, switchgears, and transformers);
• site preparation work such as vegetation, pavement, and curb removal;
• site civil grading;
• installation of elevated equipment pads in conformance with City’s Sea Level Rise Policy;
• installation of 45-feet deep foundation piers; and
• other miscellaneous work as specified in the contract documents.
Bid Process
On July 12, 2022, the City solicited formal bids from qualified contractors f or the 12kV Electrical
Power Distribution Loop Bid Package 1 Project. The bidding period was 41 calendar days. Three
bids were received on August 22, 2022, with bid prices ranging from $6,070,000 to $7,601,819
as listed in the attached Bid Summary (Attachment B).
Table 1: Summary of Bid Process
Bid Name/Number
12kV Electrical Power Distribution
Loop Rehabilitation Bid Package 1
Project (IFB No. 185744)
Proposed Length of Project 26 months after Notice to Proceed
# of Bid Packages downloaded by Contractors 45
# of Bid Packages downloaded by Builder’s Exchanges 1
Total Days to Respond to Bid 41
Pre-Bid Meeting Yes
# of Company Attended Pre-Bid Meeting 16
# of Bids Received: 3
Base Bid Price Range $6,070,000 to $7,601,819
Staff has reviewed all bids submitted and recommends the bid of $6,070,000 submitted by
APEC be accepted, and APEC be declared the lowest responsible bidder. The base bid is 76.5%
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above the engineer's estimate of $3,440,000. This cost escalation is attributed to the higher
equipment and material prices owing to the supply chain challenges in electrical equipment
manufacturing and the tight labor market locally and nationwide. The medium voltage
equipment specified by the design engineer meet s the requirements of the Palo Alto Utilities
Department electrical utility standards; this equipment is currently subject to long lead times
and rising costs, which is a national issue.
A contingency amount of $607,000 (10% of the bid price) is recommended for related,
additional but unforeseen work that may develop during the project. Staff confirmed with the
Contractor's State License Board that the contractor has an active license on file.
The City received one bid protest during this procurement process from the Foundation for Fair
Contracting, a non-profit organization. Staff reviewed the allegations as well as information
from the California Division of Occupational Safety and Health and Labor Commissioner. Based
upon independent review (Attachment C), staff recommends proceeding with the award.
Selection of a Construction Management Firm
On June 21, 2021, Council approved five separate contracts 3 (Contract C21179265 - with MNS
Engineers, Inc.; CDM Smith; Carollo Engineers; MCK Americas, Inc.; and Tanner Pacific, Inc.
These contracts provide for RWQCP on-call construction management and inspection services.
They were initially set at a not-to-exceed amount of $1 per contract to allow the City to select
the firm that will provide qualified consultants for on-call services during construction of
individual capital projects recommended by the LRFP. Services to be used are on a per-project
basis, at the City’s discretion.
On July 13, 2022, staff provided each of the five construction management consultants a scope
of services with a list of tasks needed for the upcoming construction project (i.e., Work Order
#2). Three proposals were received from Carollo Engineers, MNS Engineers, and MCK Americas
with prices ranging from $602,247 to $1,916,410.
Table 2: Summary of Construction Management Work Order Proposals
Request for Work Order Proposal Issued July 13, 2022
Deadline for Questions, Clarifications August 3, 2022
Proposals Due August 10, 2022
Proposals Received 3
Finalist Identified 1
Proposals Price Range $604,247 to $1,916,410
An evaluation committee consisting of Public Works Department staff was formed to review
the three proposals. The committee carefully reviewed each firm's qualifications and submittal
3 City Council Staff Report #1224 June 21, 2021 https://www.cityofpaloalto.org/files/assets/public/agendas -
minutes-reports/reports/city-manager-reports-cmrs/year-archive/2021/id-12324.pdf
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in response to the criteria identified in the Request for Work Order Proposal, including quality
and completeness of the proposal, quality and effectiveness of services, experience with
projects of similar scope and complexity, prior record of performance, cost, proposer’s financial
stability, and ability to provide future maintenance and/or services. Staff recommends
amending the contract with Carollo, who provided a comprehensive approach to the services,
demonstrated a clear understanding of needs, and proposed innovative solutions to the
challenges of the complex capital program.
Timeline
The construction work for phase 1 is anticipated to be complete by December 31, 2024.
Resource Impact
The Palo Alto RWQCP treats the combined wastewater from Palo Alto, Los Altos, Los Altos Hills,
Mountain View, Stanford University, and the East Palo Alto Sanitary District. Palo Alto’s share of
this project is 35% and the other five agencies’ share is 65%, based on the fixed capacity
established in partners’ agreements. As the lead agency, the City of Palo Alto appropriated the
funding for this Project in the Wastewater Treatment Enterprise Fund Capital Improvement
Program as part of the FY 2023 Adopted Budget in the Plant Repair, Retrofit, and Equipment
Replacement Project (WQ-19002) which has sufficient funding including the higher than
estimated cost of this project.
Policy Implications
This recommendation does not represent any change to existing City policies and supports the
Comprehensive Plan Policy N.4-16.
Stakeholder Engagement
This project is part of the RWQCP’s minor capital improvement program funded by Palo Alto
and the five partner agencies who use the RWQCP for wastewater treatment. The five partner
agencies are regularly updated on both the need for and the progress of wastewater treatment
capital work. Updates are provided each year at an annual meeting and at other periodic
meetings established to inform partner agency staff about the major capital improvement
program. With respect to Palo Alto itself, open meetings and the budget process serve as the
main vehicle for engaging the community on both new projects such as this and associated rate
impacts.
Environmental Review
Authorizing the City Manager to select one consultant to provide construction management
services for the Medium Voltage Electrical Distribution System (12kV loop) Rehabilitation does
not constitute a project under the California Environmental Quality Act (CEQA); therefore, an
Environmental Assessment is not required.
The construction of this project has been determined to be exempt from CEQA under CEQA
Guidelines Section 15301, subsections (b) and (e)(1), Existing Facilities, as it involves the repair
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and maintenance of an existing publicly-owned utility used to provide sewerage treatment
services with a minor addition to an existing building.
Attachments:
• Attachment5.a: Attachment A: Carollo Engineers Contract; C21179265C
Amendment #1
• Attachment5.b: Attachment B: Bid Summary, Anderson Pacific
• Attachment5.c: Attachment C: Determination Letter
• Attachment5.d: Attachment D: Anderson Pacific Engineering Construction
Contract; C23185744 Excerpt
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AMENDMENT NO. 1 TO CONTRACT NO. C21179265C
BETWEEN THE CITY OF PALO ALTO
AND CAROLLO ENGINEERS, INC.
This Amendment No. 1 (this “Amendment”) to Contract No. C21179265C (the “Contract” as
defined below) is entered into as of November 14, 2022, by and between the CITY OF PALO ALTO, a
California chartered municipal corporation (“CITY”), and CAROLLO ENGINEERS, INC., a California
corporation, located at 2795 Mitchell Drive, Walnut Creek, CA 94598 (“CONSULTANT”). CITY and
CONSULTANT are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties to
provide construction management and inspection services on an on -call, as-needed,
time-limited basis in connection with individual projects or inspection tasks at the
Regional Water Quality Control Plant (RWQCP), as detailed therein.
B. The Parties now wish to amend the Contract in order to add Task 2 services (referred
to as Work Order No. 2) for Construction Management and Inspection Services for the
12kV Electrical Power Distribution Loop Rehabilitation Bid Package 1 Project , and to
increase compensation by Six Hundred Four Thousand Two Hundred Forty-Six Dollars
($604,246.00), from One Dollar ($1.00) to Six Hundred Four Thousand Two Hundred
Forty-Seven Dollars ($604,247.00), as detailed herein.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this
Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. C21179265C between
CONSULTANT and CITY, dated June 14, 2021.
b. Other Terms. Capitalized terms used and not defined in this Amendment shall
have the meanings assigned to such terms in the Contract.
SECTION 2. Section 4 “NOT TO EXCEED COMPENSATION” of the Contract is hereby amended
to read as follows:
The CITY is engaging multiple consultants, including CONSULTANT, that are eligible to respond with
proposals to the CITY’s project-specific Task Orders under the process described in Exhibit A. The
compensation to be paid to CONSULTANT for performance of the Services shall be based on the
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compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable
expenses specified therein, and the maximum total compensation shall not exceed One Dollar ($1),
unless CITY selects CONSULTANT, according to the process in Exhibit A, to perform services under a
Task Order not to exceed One Million Four Hundred Fifty Thousand Dollars ($1,450,000) over the
term of the Agreement. No pre-qualified consultant, including the CONSULTANT under th is
Agreement, is guaranteed selection or assured of any minimum quantity of work to be performed. In
the event CONSULTANT is not selected to provide Services under a Task Order, no payment is due
from CITY.
The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.”
Any work performed, or expenses incurred for which payment would result in a total exceeding
the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
A. The City has selected CONSULTANT to perform Work Order #2, for construction
management and inspection services for the Medium Voltage Electrical Network (12kV
Elec. Loop) Rehabilitation Bid Package 1 Project, in the amount not to exceed Five
Hundred Forty-Nine Thousand Three Hundred Fifteen Dollars ($549,315.00).
CONSULTANT agrees to complete all Basic Services, including reimbursable e xpenses,
within this amount. In the event Additional Services (as defined below) are authorized, the
total compensation for Basic Services, Additional Services and reimbursable expenses shall
not exceed Six Hundred Four Thousand Two Hundred Forty-Seven Dollars ($604,247.00).
Optional Additional Services Provision (This provision applies only if checked and a not-to-
exceed compensation amount for Additional Services is allocated below under this Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not-to-
exceed compensation amount of Fifty-Four Thousand Nine Hundred Thirty-Two Dollars
($54,932.00) for the performance of Additional Services (as defined below). The total
compensation for performance of the Services, Additional Services and any reimbursable
expenses specified in Exhibit C, shall not exceed Six Hundred Four Thousand Two Hundred
Forty Seven Dollars ($604,247.00) as detailed in Exhibit C.
“Additional Services” means any work that is determined by CITY to be necessary for the
proper completion of the Project, but which is not included within the Scope of Services
described in a Task Order issued under Exhibit A. CITY may elect to, but is not required to,
authorize Additional Services up to the maximum amount of compensation set forth for
Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by
advanced, written authorization from CITY as detailed in this Section. Additional Services, if
any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project
Manager, as identified in Section 13 (Project Management). Each Task Order shall be in
substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”.
Each Task Order shall contain a specific scope of services, schedule of performance and
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maximum compensation amount, in accordance with the provisions of this Agreement.
Compensation for Additional Services shall be specified by CITY in the Task Order, based on
whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set
forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project
Manager within the time specified by the Project Manager, and upon authorization by CITY
(defined as counter-signature by the CITY Project Manager), the fully executed Task Order
shall become part of this Agreement. The cumulative total compensation to CONSULTANT for
all Task Orders authorized under this Agreement shall not exceed the amount of
compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be
compensated for Additional Services performed under an authorized Task Order and only up
to the maximum amount of compensation set forth for Additional Services in this Section 4.
Performance of and payment for any Additional Services are subject to all requirements and
restrictions in this Agreement.
SECTION 3. The following exhibit(s) to the Contract are hereby amended, as indicated below,
to read as set forth in the attachment(s) to this Amendment, which are hereby incorporated in full
into this Amendment and into the Contract by this reference:
a. Exhibit “A-2” entitled ““PROFESSIONAL SERVICES TASK ORDER NO. 2, AMENDMENT
NO. 1” (ADDED).
b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 1” (AMENDED,
REPLACES PREVIOUS)
c. Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 1,” (AMENDED, REPLACES
PREVIOUS).
SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of the
Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 5. Incorporation of Recitals. The recitals set forth above are terms of this
Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this
Amendment effective as of the date first above written.
CITY OF PALO ALTO
______________________________
City Manager or Designee
APPROVED AS TO FORM:
______________________________
City Attorney or Designee
CAROLLO ENGINEERS, INC.
Officer 1
By:_____________________________
Name:__________________________
Title:____________________________
Officer 2
By:_____________________________
Name:__________________________
Title:____________________________
Attachments:
Exhibit “A-2”: PROFESSIONAL SERVICES TASK ORDER NO. 2
Exhibit “B”: SCHEDULE OF PERFORMANCE
Exhibit “C”: COMPENSATION
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Rick Chan, Senior Vice President
Senior Vice President
Vice President
Anne E. Prudhel, Vice President
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EXHIBIT “A-2”
PROFESSIONAL SERVICES TASK ORDER NO. 2
CONSULTANT shall perform the Services detailed below in accordance with all the terms and
conditions of the Agreement referenced in Item 1A below. A ll exhibits referenced in Item 8 are
incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities,
professional, technical and supporting personnel required by this Task Order as described below.
CONTRACT NO. C21179265C
1A. MASTER AGREEMENT NO.: C21179265C
1B. TASK ORDER NO 2: Work Order No. 2 for Construction and Inspection Management
Services for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 1
Project
2. CONSULTANT NAME: CAROLLO ENGINEERS, INC.
3. PERIOD OF PERFORMANCE: START: Immediately Once Notice To Proceed (NTP) is
Issued; COMPLETION: 120 Weeks from NTP
4 TOTAL TASK ORDER NO. 1 PRICE: $549,315
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT: $900,685
5. WBS/CIP: WQ-19002
6. CITY PROJECT MANAGER: Padmakar Chaobal, Public Works Department, Environmental
Services Division, RWQCP
7. DESCRIPTION OF SCOPE OF SERVICES MUST INCLUDE:
Services And Deliverables To Be Provided
Schedule Of Performance
Maximum Compensation Amount And Rate Schedule (As Applicable)
Reimbursable Expenses, If Any (With “Not To Exceed” Amount)
8. ATTACHMENTS: Task Order No. 2 Scope Of Services, including Schedule of Performance
and Compensation Schedule
TASK ORDER #2 SCOPE OF SERVICES
WORK ORDER NO. 2: CONSTRUCTION AND INSPECTION MANAGEMENT SERVICES FOR THE 12KV
ELECTRICAL POWER DISTRIBUTION LOOP REHABILITATION BID PACKAGE 1 PROJECT
Task 1: General Requirements
1. For any work which requires licensing, the Proposers shall be appropriately licensed in
accordance with the laws of the State of California. The cost for any required licenses
or permits shall be the responsibility of the successful Proposers.
2. CONSULTANT shall provide all necessary administration, project controls, quality
assurance and professional oversight of the project to provide that the project
remains on schedule, within budget, provides for continuity of information, and
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satisfies the requirements of the CONTRACT. CONSULTANT shall prepare and
distribute a Project Management Plan to include schedule, budget, roles, contracts
and procedures.
3. At the beginning of each month, CONSULTANT shall submit to the CITY monthly
invoices for the cost incurred during previous month; including subconsultant and
expenses.
4. CONSULTANT shall prepare and submit monthly invoice packages to the City. The City
prefers processing CONSULTANT pay requests that cover one calendar month.
Monthly invoice packages are to include a progress report documenting progress. The
report shall include the progress by each task, the budget status (authorized amount,
current billing, billed to date, previously billed, amount remaining, and percent
spent), outstanding issues, potential changes, project schedule and schedule impacts.
CONSULTANT shall identify and mitigate potential budget overruns; and notify CITY
Project Manager as soon as the potential overrun is identified. If SRF funding is used,
progress reports shall include a summary of SRF eligible costs per month.
Task 2: Preconstruction Phase
1. CONSULTANT shall perform reviews of construction drawings and specifications at
varies levels of design, as assigned by the CITY with focus on constructability of the
project. At a minimum, the CONSULTANT shall provide and log comments regarding
the plans, specifications, and construction cost estimate in an Excel Workbook,
provided by CITY. Comments should at a minimum include feedback on measurement
and payment, sequencing, schedule, temporary facilities, constructability, and
required contractor qualifications. The City may assign milestone reviews of other
projects in the preconstruction phase. Reviews shall determine the coordination
required between the subject project and other projects for concurrent work and the
constructability of other projects following the completion of the subject project.
2. CONSULTANT shall assist the City with evaluation of construction bids to determine the
lowest responsive and responsible bidder.
3. For each milestone meeting, CONSULTANT will prepare the agenda for the meeting,
facilitate the meeting, address administrative and non -design issues, and prepare
record of discussions of the meeting for distribution. CITY, ENGINEER and
CONTRACTOR’s team will attend the meeting. The ENGINEER will address design
issues. At a minimum, there will be the following milestone meetings:
a. Project kick-off Meeting
b. Pre-bid Meeting
4. Administration
a. CONSULTANT to propose a project administration procedure, including an
online document tracking system, for CITY approval. The administration
procedure will detail how the CONSULTANT will track, store, distribute, and
manage digital and hardcopy correspondence and project documentation and
strategy for managing project communications.
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b. CONSULTANT shall establish and maintain a health and safety plan specific for
CONSULTANT’s staff and subconsultants. During construction activities,
CONSULTANT shall follow CONTRACTOR(S)’s health and safety plan(s), if it is
more stringent.
5. Office Setup
a. CONSULTANT shall organize the hardcopy and digital files for the project prior
to commencement of construction and coordinate with the CITY and
CONTRACTOR for office trailer set-up.
b. CITY will designate location for the office trailer and provide utility connection
points.
c. CONSULTANT will provide furnished office trailer, copier, phone/service, and
internet access, unless otherwise provided by City.
6. Preconstruction Activities
a. Site Walk Observations and Documentation
i. CONSULTANT will conduct preconstruction inspections, documenting
conditions in a log and providing digital photographs and video(s).
b. Preconstruction Submittals
i. CONSULTANT to develop a list of CONTRACTOR pre-construction
submittals.
ii. CONSULTANT to review CONTRACTOR’s pre-construction submittals,
schedule of values, and preliminary schedule.
Task 3: State Revolving Fund (SRF) Compliance – NOT APPLICABLE
Task 4: Construction Phase
1. Construction Administration
a. Project Coordination
i. CONSULTANT shall act as the project coordinator and the point of
contact for all communications with the CONTRACTOR. The
CONSULTANT shall coordinate construction activities of the CITY,
ENGINEER, and CONTRACTOR. CONSULTANT responsibilities include:
Conduct team meetings within the consulting firm to review progress,
coordinate evaluations and identify information needs; Disseminate
information to the design team; Manage the project budget; Manage
the project schedule; Manage sub-consultants; Manage QA / QC team;
Coordinate communications with other ongoing project’s construction
managers to facilitate the construction of ongoing projects and
continuous Plant operations.
ii. CONSULTANT shall provide a contact phone number to respond to
issues related to construction activity or coordination, 24 hours a day,
7 days a week.
b. Document Tracking System: CONSULTANT shall establish, implement and
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maintain an online system for tracking all correspondence and documents on
the Project or shall adopt a project administration procedure previously
approved by CITY. CONSULTANT shall incorporate within the tracking system
the means to track the routing of submittals/RFIs to the CITY’s other
consultants.
c. Construction Administration Services: CONSULTANT shall provide
administrative and management services. The CONSULTANT shall receive all
correspondence from the CONTRACTOR and address all inquiries from the
CONTRACTOR and construction related correspondence. The ENGINEER will
be responsible for providing design input.
2. Meetings
a. CONSULTANT shall prepare agenda for progress meetings and other
construction meetings required during the Project, which will include weekly
meetings with the CONTRACTOR and CITY.
b. CONSULTANT shall facilitate and prepare records of discussions for the
progress meetings and other construction related meetings.
c. CONSULTANT shall have all pending decisions detailed for the meetings as well
as project statistics (schedule updates, approximate percent project
complete, near-term milestones).
d. Anticipated Meetings
i. Construction kick-off meeting
ii. Weekly update meeting
iii. Minimum two (2) Electrical Service (Power Feed)
Coordination Meeting with Palo Alto Electric Utilities
iv. Participate in an I&C Standards Review Meeting with RWQCP
Technology / SCADA Support Staff
v. Project close-out Meeting
vi. Attend other concurrent projects’ kickoff meetings
vii. Periodic coordination meetings with other ongoing projects’
construction managers and the City
3. Submittals
a. CONSULTANT shall use the online document tracking system to log and
coordinate the submittal process.
b. CONSULTANT shall receive the submittals, including CONTRACTOR’s red-line
drawings, from the CONTRACTOR and check the submittals for general
conformity with the Construction Contract requirements. If obvious
deficiencies are apparent in the submittal, the CONSULTANT shall reject and
send the submittal back to the CONTRACTOR for correction.
c. CONSULTANT shall route the submittals to the ENGINEER for review and shall
route the reviewed submittal back to the CONTRACTOR. The CONSULTANT
shall review comments on the submittals to determine if additional follow-up
with the CONTRACTOR and/or ENGINEER is warranted and to identify any
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scope changes.
d. CONSULTANT shall coordinate the ENGINEER’s submittal review and the track
the status of shop drawing resubmittals with the CONTRACTOR.
e. In addition to the CONSULTANT, ENGINEER to review all design related
submittals and all submittals for temporary facilities.
f. CONSULTANT shall review temporary facilities submittals for conflicts with
other ongoing projects’ active and/or proposed construction. The City may
request CONSULTANT review other ongoing projects’ temporary facilities
submittals for constructability issues.
g. CONSULTANT shall review temporary facilities submittals for operability.
4. Request for Information/Clarification Process
a. CONSULTANT shall utilize the online document tracking system for processing
requests for design clarifications.
b. CONSULTANT shall receive all requests for information (RFIs) from the
CONTRACTOR and determine if the request is a valid RFI;
i. If valid, ENGINEER will review the RFIs and provide design response.
CONSULTANT shall review the ENGINEER’s response, verify
acceptability of response and transmit the Clarification Response to
the CONTRACTOR.
ii. If not, CONSULTANT shall return the RFI to the CONTRACTOR with
justifications.
c. CONSULTANT shall provide a response within 10 days to the CONTRACTOR for
any administrative, field condition specific and general RFI.
d. ENGINEER shall prepare Design Clarifications where design issues are identified
by the CONSULTANT, ENGINEER, or CITY. CONSULTANT shall prepare the
Clarification Letter for transmittal to the CONTRACTOR of the ENGINEER’s
Design Clarification and other clarifications.
e. CONSULTANT shall work with the CITY Project Manager to maintain an Error
and Omission Log to document RFIs and RFCs that are a result of ENGINEER
and CONTRACTOR errors in design and construction, respectively. The log
shall record the hours spent by the ENGINEER to respond to the RFIs/ RFCs
and associated cost impact to the construction. CITY may seek
reimbursement from the ENGINEER and/or CONTRACTOR.
5. Change Order Preparation, Negotiation & Processing
a. CONSULTANT shall review all change order requests (either initiated by the
CITY or by the CONTRACTOR).
i. CONSULTANT shall utilize the online document tracking system to log,
track, and process changes.
ii. CONSULTANT shall maintain Change Event files. These files shall
compile all data related to specific items that arise that may have cost
or time impacts or neither.
b. CONSULTANT shall judge the validity and/or merits of all CONTRACTOR
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initiated change order requests. CONTRACTOR initiated change orders
deemed unnecessary, or not substantiated by a deficiency in the construction
documents shall be returned to CONTRACTOR unapproved with an
explanation.
c. CONSULTANT shall negotiate change orders with the CONTRACTOR,
considering impact to the schedule, as well as, reasonableness of cost, and
impact to total project budget. CONSULTANT shall provide updates regarding
potential cost and schedule changes to CITY.
d. CONSULTANT shall prepare an independent cost estimate and/or verify the
acceptability of the CONTRACTOR’s cost proposal for each approved change
request. At CITY’s discretion, ENGINEER’s opinion may be requested for
specific equipment and material costs.
e. CONSULTANT shall prepare change orders using CITY’s procedure for execution
by the CITY and CONTRACTOR.
i. CONSULTANT shall prepare a Change Order Memorandum, if requested
by the CITY, to provide additional background discussion for need of
the change and reasonableness of cost and schedule impact.
ii. ENGINEER shall prepare design details for change requests as needed.
CONSULTANT to coordinate schedule and distribution of design
details.
iii. CONSULTANT shall prepare, and issue approved change order requests
to the CONTRACTOR with the appropriate design documents as
directed by the CITY.
f. In the event the CONTRACTOR encounters a time sensitive problem where time
is not available to negotiate a settlement, CONSULTANT shall issue a field
order.
i. All work done under a field order will be completed on a time and
material basis. CONSULTANT to track actual time and material expended
for the field order work.
ii. Field orders shall be reviewed and approved with the CITY prior to
issuance.
6. Documentation of Environmental Compliance
a. CONSULTANT shall document compliance with environmental permitting and
mitigation measures in accordance with the requirements of the
environmental documents and regulatory permits.
7. Progress Payment
a. CONSULTANT shall review the initial schedule of values (cost breakdown)
prepared by the CONTRACTOR and generate a progress payment request
form for the CONTRACTOR’s use.
b. CONSULTANT shall review and process the progress payment requests and
determine whether the amount requested reflects the actual status of the
Contractor’s work in place, materials on site and other contract
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requirements.
c. CONSULTANT shall perform the appropriate administration, preparation and
processing of the monthly progress payments so the CITY can respond in
accordance with the time periods set forth in the Public Contract Code.
d. CONSULTANT shall prepare the summary cover sheet for the progress
payments which will be executed by CONSULTANT, CONTRACTOR and CITY.
e. CONSULTANT shall not recommend final payment to the CONTRACTOR until
the CONSULTANT has determined CONTRACTOR has complied with the
project closeout requirements, including submittals of record documents,
warranties, and operations and maintenance manuals. CITY will release the
retention only after a Notice of Completion has been recorded with the Santa
Clara County Clerk’s Recorder Office.
f. CONSULTANT shall work with Contractor to develop an estimate of
CONSULTANT as well as contractor’s anticipated monthly pay request
(billing/invoicing) schedule for the entire duration of the construction phase.
8. CONTRACTOR’s Certified Payroll
a. On a bi-weekly basis, or when otherwise requested by the CITY, State, or other
agency or public inquiry, the CONSULTANT shall collect certified payrolls from
the CONTRACTOR. Apart from the regular, bi-weekly collection, the
CONSULTANT shall obtain payroll records within 10 days of the CITY’s
request.
b. CONTRACTOR is responsible for submitting electronically their certified payroll
records to the State Department of Industrial Relations.
c. CONSULTANT shall be responsible for documenting and conducting interviews
of the CONTRACTOR’s field staff/crew for comp liance with CITY prevailing
wage ordinance.
9. Schedule
a. CONSULTANT shall review CONTRACTOR’s initial Baseline schedule submittal to
determine whether it is realistic and prepared in accordance with the
Contract Documents, that the milestone and Substantial Completion dates
meet the overall goal for schedule and that no major conflicts exist. The
CONSULTANT shall advise CITY of the review determination and provide
written comments to the CONTRACTOR.
b. CONSULTANT shall review the CONTRACTOR’s schedule updates and provide
written comments to the submitted update.
c. CONSULTANT shall review and evaluate the CONTRACTOR’s requests for
Contract Time extension and make written recommendations to the CITY
regarding entitlement and the number of days, if any, to be added to the
Contract Time(s). If requested by the CITY, CONSULTANT shall provide a
written assessment of the time request. CONSULTANT shall negotiate
schedule adjustments with the CONTRACTOR.
10. Field Quality Control (Inspectional Services)
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a. CONSULTANT shall provide field observation services to monitor compliance
with the Contract Documents.
i. CONSULTANT staff shall have sufficient training and experience
regarding the specific construction activities being performed by
CONTRACTOR.
1) CONSULTANT shall provide staff proportional as what is
required to observe CONTRACTOR’s activities.
2) CONSULTANT shall submit inspection schedule showing
inspection frequency, duration and level of efforts.
3) CONSULTANT shall provide subconsultant(s) as needed to
observe specialty work or increase staffing levels (see Special
Inspections).
4) CITY may set an allowance on a task order specific basis for the
increased cost only of inspectional services if required during
off hours and on weekends. Consultant to provide sufficient
hours to cover all inspectional services anticipated at standard
rates.
b. Reporting
i. CONSULTANT shall prepare daily inspection reports documenting
observed field activities, field crews, CONTRACTOR equipment, and
field problems. CONSULTANT shall collect and compile CONTRACTOR
daily reports.
ii. CONSULTANT shall provide and maintain photographs of field activities
for status monitoring of the project.
iii. CONSULTANT shall monitor record documents (redline drawings) on a
bi- weekly basis to determine if they are being maintained by the
CONTRACTOR and are in substantial conformance with the
CONSULTANT’s information/observations.
iv. CONSULATNT shall prepare a monthly report to include major work
performed, outstanding issues, project photographs, schedule status,
pending and executed change orders summary, and quality issues. This
report shall also be part of CONSULTANT’s monthly progress payment
report.
c. Special Inspections
i. CONSULTANT shall furnish the materials testing and special inspections
required to be performed for the Project. Special Inspection and
materials testing includes, but not limited to:
1) Soils testing for HazMat compliance
2) Soils compaction and relevant testing Asphalt compaction and
relevant testing
3) Concrete sampling and testing
4) Structural steel welding
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5) Coating inspection
6) Medium voltage electrical installation inspection & testing
7) Low voltage electrical installation inspection & testing
8) Special inspections as listed in the project specific design
drawings and specs.
9) Factory inspection and witness test of Load Centers / Unit
Substations prior to shipment.
ii. CONSULTANT shall schedule and coordinate the material testing
services and have responsibility for the specialty inspections and
testing services.
d. Medium Voltage Inspections
i. CONSULTANT shall notify City staff (for CPAU) at least one week in
advance of CONTRACTOR scheduled medium voltage construction,
including placement and orientation of medium voltage equipment,
conduit trenching, utility clearances, and splices.
ii. Any field activities, including inspection, performed by CPAU is
independent of the CONSULTANT’s inspection work and shall be
performed separately and in parallel.
11. System Outages
a. CONSULTANT shall review and evaluate the CONTRACTOR’s system outage
requests (SOR) in conjunction with the CITY. CONSULTANT shall assess the
reasonableness of the duration of the requested shutdown.
b. The SORs shall be reviewed and approved at least three we eks ahead of the
actual outage/shutdown.
c. CONSULTANT shall facilitate/coordinate shutdowns with the CONTRACTOR,
CITY and ENGINEER.
i. CITY is responsible for reviewing and approving system outage request
and duration, confirming the outage is properly planned,
implementing the outage, and bringing services back online after the
outage.
12. Means and Methods of Construction
a. CONSULTANT shall not direct the means an d methods of construction.
CONTRACTOR shall be solely responsible for the means and methods of
construction. Concerns or suggestions regarding the CONTRACTOR’s means
and methods shall be communicated to CITY and ENGINEER.
13. Safety
a. CONSULTANT shall comply with appropriate regulatory, project and CITY codes
in addition to CONSULTANT’s Health and Safety Plan regarding necessary
safety equipment and procedures used during performance of the
CONSULTANT’s work and shall take necessary precautions for safe operation
of the CONSULTANT’s work, and the protection of the CONSULTANT’s
personnel from injury and damage from such work.
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b. Neither the professional activities of the CONSULTANT, nor the presence of the
CONSULTANT’s employees or sub-consultants at the construction/project
site, shall relieve the CONTRACTOR and any other entity of their obligations,
duties and responsibilities including, but not limited to, construction means,
methods, sequence, techniques or procedures necessary for performing,
superintending, or coordinating their work in accordance with the Contract
Documents, City codes, and any health or safety precautions required by
pertinent regulatory agencies. CONSULTANT and its personnel have no
authority to exercise any control over any CONTRACTOR or other entity or
their employees in connection with their work or any health or safety
precautions.
14. Spare Parts
a. CONSULTANT shall prepare a list of required spare parts from the specifications
and vendor O&M Manuals or recommended spare parts lists.
b. CONSULTANT shall inventory spare parts as they are delivered by the
CONTRACTOR and transfer spare parts to the CITY. The transfer of part shall
be documented via material transmittal, signed by Contractor, CONSULTANT
and CITY.
15. Operation and Maintenance (O&M) Manuals
a. CONSULTANT shall prepare a list of anticipated O&M Manuals and track the
submittal and review process in the online document tracking system.
b. CONSULTANT shall verify that the submitted O&M manuals are the correct and
latest version, and that the ‘lessons learned’ and notes taken during startup
and commissioning are included in the O&M manuals. CONSULTANT shall
coordinate delivery of final hardcopies from CONTRACT to CITY.
16. Testing and Training
a. CONSULTANT shall coordinate training requirements and activities.
b. ENGINEER shall provide design assistance during testing operations.
c. CONSULTANT shall work with CONTRACTOR, ENGINEER and CITY on the
development of the Testing and Startup Plan.
d. CONSULTANT shall provide oversight and administration of training and
testing.
e. CONSULTANT shall coordinate the training with the CONTRACTOR, vendor and
CITY staff. Some equipment may need training for third party personnel with
whom the CITY may be contracting with. CITY will provide the vendor contact
information for CONSULTANT to coordinate with. Trainings shall be
coordinated so that key CITY staff can attend; schedule shall accommodate
key CITY staff/ Plant operations shifts. Multiple training sessions for day shift
and night shift operators may be required.
f. CONSULTANT shall observe start-up and testing as the CITY’s representative
and maintain copies of start-up documentation in an organized binder that
shall be turned over at the end of the project.
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g. CONSULTANT shall attend training sessions and collect attendance sheets and
copies of training material.
h. If required by CITY, CONSULTANT shall coordinate production quality audio and
video recording and editing of training sessions to be used for future training
sessions. The final digital copy shall be labeled and have an introduction that
indicates the type of training, the process area, the equipment name, the
vendor(s) / manufacturer(s) if applicable, the date, and the CONTRACTOR.
i. Refer CITY’s Demonstration and Training Standards for more details.
j. Corrective Work Item List: The CONSULTANT shall prepare and maintain a
Corrective Work Item list (CWL) with the input from the CITY and ENGINEER.
k. CONSULTANT shall confirm that the items identified in the CWL are completed
in preparation for issuance of Substantial Completion Certificate (SCC).
l. CONSULTANT shall prepare the SCC for execution by the CITY and the
CONTRACTOR when the Corrective Work Items are completed to the CITY’s,
ENGINEER’s and The CONSULTANT’s satisfaction.
17. Corrective Work Item List
a. The CONSULTANT shall prepare and maintain a Corrective Work Item list (CWL) with
the input from the CITY and ENGINEER.
b. CONSULTANT shall confirm that the items identified in the CWL are completed
in preparation for issuance of Substantial Completion Certificate (SCC).
c. CONSULTANT shall prepare the SCC for execution by the CITY and the CONTRACTOR
when the Corrective Work Items are completed to the CITY’s, ENGINEER’s and The
CONSULTANT’s satisfaction.
E. Task 5: Project Closeout Phase
1. Punch List and Final Inspection
a. Punch List
i. CONSULTANT shall in conjunction with the CITY prepare the list of
outstanding deficiencies.
ii. CONSULTANT shall prepare and issue the Punch List(s) from the list of
deficiencies.
iii. CONSULTANT shall have primary responsibility for verifying that the
Punch List work is complete.
b. Final Inspection
i. CONSULTANT shall have primary responsibility for conducting the final
inspection.
1) CITY will participate and provide input on the fi nal inspection.
2) ENGINEER will provide design input on final inspection items if
determined necessary by the CITY.
3) CONSULTANT shall be responsible for oversight and review of
the final inspection.
2. Warranty Coordination
a. CONSULTANT shall maintain a warranty file in the online document tracking
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system. All warranty documentation shall be handed off to the CIT Y at
conclusion of the contract.
3. Project Closeout
a. CONTRACTOR shall furnish record documents, which the CONSULTANT shall
review and transmit to ENGINEER for conforming and final issuance to CITY.
b. CONSULTANT shall prepare necessary CITY documentation recomme nding
acceptance of the completed work by the CITY.
c. CONSULTANT shall turnover project documentation to the CITY in an orderly
manner and in a timely manner after completion of the project and all Punch-
list activities. The CONSULTANT shall retain all change event files at the end
of the project. The CITY shall have the right to request review and/or copies
of the change events files.
Work Order No. 2: Milestone Schedule Of Performance
TASK # MILESTONES NUMBER OF WEEKS TO COMPLETION FROM
WORK ORDER #1 NOTICE TO PROCEED (NTP)
Task 1 General Requirements 125 Weeks
Task 2 Pre-Construction 13 Weeks
Task 3 SRF Compliance N/A
Task 4 Construction Phase 113Weeks
Task 5 Project Closeout 125 Weeks
Work Order No. 2: Milestone Compensation Schedule
TASK # MILESTONES NOT TO EXCEED
AMOUNT
Task 1 General Requirements $17,685
Task 2 Pre-Construction $8,240
Task 3 SRF Compliance $0
Task 4 Construction Phase $459,050
Task 5 Project Closeout $14,340
Inspection Allowance $50,000
Sub-total Basic Services $549,315
Reimbursable Expenses $0
Total Basic Services and Reimbursable Expenses $549,315
Additional Services (per Section 4) (Not to Exceed) $54,932
Maximum Total Compensation $604,247
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EXHIBIT “B”
SCHEDULE OF PERFORMANCE
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements.
(This provision only applies if checked and only applies to on-call agreements per Section 1 or
agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1
(Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional
Services, provided in all cases that the schedule of performance shall fall within the term as provided in
Section 2 (Term) of this Agreement.
WORK ORDER #2
Tasks 1-5 completed within 125 Weeks from the Notice to Proceed for Work Order 2, as detailed in
the Milestone Schedule of Performance attached to Work Order #2.
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EXHIBIT “C”
COMPENSATION
CITY agrees to compensate CONSULTANT for on-call, as-needed, time-limited project
support services performed in accordance with the terms and conditions of this Agreement,
and as set forth in a specific Task Order budget schedule. Compensation shall be calculated
based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount
for each task set forth in a specific Task Order.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any
of the tasks or categories within a specific Task Order, provided that the total compensation
for the Services, including any specified reimbursable expenses, and the total compensation
for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts
set forth in Section 4 of this Agreement.
CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and
Additional Services (if any, per Section 4), within this/these amount(s). Any work performed
or expenses incurred for which payment would result in a total exceeding the maximum
amount of compensation set forth in this Agreement shall be at no cost to the CITY.
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative
support time/overtime, information systems, software and hardware, photocopying,
telecommunications (telephone, internet), in-house printing, insurance and other ordinary
business expenses, are included within the scope of payment for Services and are not
reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section, will be
reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be
reimbursed are: NONE up to the not-to-exceed amount of $0.00.
WORK ORDER #2
Compensation as detailed in the Milestone Compensation Schedule attached to Work
Order #2., Not to Exceed:
Total Basic Services and Reimbursable Expenses $549,315
Additional Services (per Section 4) (Not to Exceed) $54,932
Maximum Total Compensation $604,247
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BIDDER Price REMARKS % Over
Anderson Pacific Engineering Construction 6,070,000$ Low Bidder 76.45%
Pacific Industrial Electric 7,309,475$ 112.48%
Stronghold Engineering Inc.7,601,819$ 120.98%
Engineer's estimate 3,440,000$ 0.00%
Attachment B - Bid Summary
12kV Electrical Power Distribution Loop Rehabilitation Bid Package 1
Invitation for Bids (IFB) Number: 185744
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Attachment C
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Rev. September 29, 2021 1
PART 4 – CONSTRUCTION CONTRACT
CONSTRUCTION CONTRACT
Contract No. C23185744
City of Palo Alto
12kV Electrical Power Distribution Loop Rehabilitation Bid
Package 1 Project
Attachment D
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Rev. September 29, 2021 2
PART 4 – CONSTRUCTION CONTRACT
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS…………………………………….………….6
1.1 Recitals……………………………………………………………………………………………………………………...6
1.2 Definitions………………………………………………………………………………………………………………….6
SECTION 2 THE PROJECT………………………………………………………………………………………………………..6
SECTION 3 THE CONTRACT DOCUMENTS.……………………………………………………………………………...7
3.1 List of Documents.…………………………………………………………………………………………..............7
3.2 Order of Precedence…………………………………………………………………………………………….......7
SECTION 4 CONTRACTOR’S DUTY…………………………………………………………………………………………..7
4.1 Contractor's Duties……………………………………………………………………………………………………..7
SECTION 5 PROJECT TEAM……………………………………………………………………………………………………..8
5.1 Contractor's Co-operation…………………………………………………………………………………………..8
SECTION 6 TIME OF COMPLETION………………………………………………………………………………………….8
6.1 Time Is of Essence……………………………………………………………………………………………………….8
6.2 Commencement of Work……………………………………………………………………………………………8
6.3 Contract Time…………………………………………………………………………………………………………….8
6.4 Liquidated Damages…………………………………………………………………………………………………..8
6.4.1 Other Remedies……………………………………………………………………………………………………….8
6.5 Adjustments to Contract Time……………………………………………………………………………………9
SECTION 7 COMPENSATION TO CONTRACTOR………………………………………………………………………9
7.1 Contract Sum………………………………………………………………………………………………………………9
7.2 Full Compensation………………………………………………………………………………………………………9
SECTION 8 STANDARD OF CARE……………………………………………………………………………………………..9
8.1 Standard of Care…………………………………………………………………………………..……………………9
SECTION 9 INDEMNIFICATION…………………………………………………………………………………………..……9
9.1 Hold Harmless……………………………………………………………………………………………………………9
9.2 Survival………………………………………………………………………………………………………………………10
SECTION 10 NON-DISCRIMINATION……..………………………………………………………………………………..10
10.1 Municipal Code Requirement…………….………………………………..……………………………………..10
SECTION 11 INSURANCE AND BONDS.……………………………………………………………………………………10
11.1 Evidence of Coverage…………………………………………………………………………………………………10
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SECTION 12 PROHIBITION AGAINST TRANSFERS………………………………………………………………….….10
12.1 Assignment…………………………………………………………………………………………………………………10
12.2 Assignment by Law.……………………………………………………………………………………………………10
SECTION 13 NOTICES……………………………………………………………………………………………………………….10
13.1 Method of Notice ………………………………………………………………………………………………………10
13.2 Notice Recipents ……………………………………………………………………………………………………….11
13.3 Change of Address……………………………………………………………………………………………………..11
SECTION 14 DEFAULT…………………………………………………………………………………………………………......12
14.1 Notice of Default………………………………………………………………………………………………………..12
14.2 Opportunity to Cure Default………………………………………………………………………………………12
SECTION 15 CITY'S RIGHTS AND REMEDIES……………………………………………………………………………..12
15.1 Remedies Upon Default………………………………………………………………………………………….....12
15.1.1 Delete Certain Services…………………………………………………………………………………………..12
15.1.2 Perform and Withhold……………………………………………………………………………………………..12
15.1.3 Suspend The Construction Contract………………………………………………………………………..12
15.1.4 Terminate the Construction Contract for Default…………………………………………………….12
15.1.5 Invoke the Performance Bond…………………………………………………………………………………..12
15.1.6 Additional Provisions………………………………………………………………………………………………13
15.2 Delays by Sureties……………………………………………………………………………………………………….13
15.3 Damages to City………………………………………………………………………………………………………….13
15.3.1 For Contractor's Default………………………………………………………………………………………….13
15.3.2 Compensation for Losses………………………………………………………………………………………..13
15.4 Suspension by City……………………………………………………………………………………………………..13
15.4.1 Suspension for Convenience……………………………………………………………………………………13
15.4.2 Suspension for Cause…………………………………………………………………………………………......13
15.5 Termination Without Cause……………………………………………………………………………………….14
15.5.1 Compensation…………………………………………………………………………………………………………14
15.5.2 Subcontractors………………………………………………………………………………………………………….14
15.6 Contractor’s Duties Upon Termination………………………………………………………………...........14
SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES…………………………………………………………………15
16.1 Contractor’s Remedies……………………………………..………………………………………………………….15
16.1.1 For Work Stoppage……………………………………………………………………………………………………15
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16.1.2 For City's Non-Payment……………………………………………………………………………………………..15
16.2 Damages to Contractor………………………………………………………………………………………………….15
SECTION 17 ACCOUNTING RECORDS………………………………………………………………………………….……….15
17.1 Financial Management and City Access………………………………………………………………………….15
17.2 Compliance with City Requests………………………………………………………………………………………16
SECTION 18 INDEPENDENT PARTIES…………………………………………………………………………………………….16
18.1 Status of Parties……………………………………………………………………………………………………………..16
SECTION 19 NUISANCE……………………………………………………………………………………………………….………..16
19.1 Nuisance Prohibited………………………………………………………………………………………………………..16
SECTION 20 PERMITS AND LICENSES…………………………………………………………………………………………..16
SECTION 21 WAIVER…………………………………………………………………………………………………………………….16
SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS………………………………………..17
22.1 Governing Law…………………………………………………………………………………………………………………17
22.2 Compliance with Laws……………………………………………………………………………………………………..17
22.2.1 Palo Alto Minimum Wage Ordinance ………………………………………….…………………………………17
SECTION 23 COMPLETE AGREEMENT…………………………………………………………………………………………...17
23.1 Integration……………………………………………………………………………………………………………………….17
SECTION 24 SURVIVAL OF CONTRACT…………………………………………………………………………………………..17
24.1 Survival of Provisions……………………………………………………………………………………………………....17
SECTION 25 PREVAILING WAGES…………………………………………………………………………………………………..17
SECTION 26 NON-APPROPRIATION……………………………………………………………………………………………….18
26.1 Appropriation…………………………………………………………………………………………………………………..18
SECTION 27 AUTHORITY……………………………………………………………………………………………………………….18
27.1 Representation of Parties………………………………………………………………………………………………..18
SECTION 28 COUNTERPARTS……………………………………………………………………………………………….........18
28.1 Multiple Counterparts……………………………………………………………………………………………………18
SECTION 29 SEVERABILITY…………………………………………………………………………………………………………..18
29.1 Severability…………………………………………………………………………………………………………………….18
SECTION 30 STATUTORY AND REGULATORY REFERENCES ………………………………………………….........18
30.1 Amendments of Laws…………………………………………………………………………………………………….18
SECTION 31 WORKERS’ COMPENSATION CERTIFICATION………………………………………………….……….19
31.1 Workers Compensation…………………………………………………………………………………………………19
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SECTION 32 DIR REGISTRATION AND OTHER REQUIREMENTS………………………………………..…………19
32.1 General Notice to Contractor……………………………………………………………………………………….19
32.2 Labor Code section 1771.1(a)……………………………………………………………………………………...19
32.3 DIR Registration Required……………………………………………………………………………………………19
32.4 Posting of Job Site Notices……………………………………………………………………………………………19
32.5 Payroll Records…………………………………………………………………………………………………………….19
32.6 Employment of Apprentices…………………………………………………………………………………………20
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CONSTRUCTION CONTRACT
THIS CONSTRUCTION CONTRACT entered into on November 14, 2022 (“Execution Date”) by and between the CITY
OF PALO ALTO, a California chartered municipal corporation ("City"), and ANDERSON PACIFIC
ENGINEERING CONSTRUCTION, INC. ("Contractor"), is made with reference to the following:
R E C I T A L S:
A.City is a municipal corporation duly organized and validly existing under the laws of the State of California
with the power to carry on its business as it is now being conducted under the statutes of the State of California and
the Charter of City.
B.Contractor is a corporation duly organized and in good standing in the State of California, Contractor’s License
Number 245215 and Department of Industrial Relations Registration Number 1000000061. Contractor represents that it
is duly licensed by the State of California and has the background, knowledge, experience and expertise to perform the
obligations set forth in this Construction Contract.
C.On July 12, 2022, City issued an Invitation for Bids (IFB) to contractors for the 12kV Electrical Power
Distribution Loop Rehabilitation Bid Pkg 1 (“Project”). In response to the IFB, Contractor submitted a Bid.
D.City and Contractor desire to enter into this Construction Contract for the Project, and other services as
identified in the Contract Documents for the Project upon the following terms and conditions.
NOW THEREFORE, in consideration of the mutual promises and undertakings hereinafter set forth and for
other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, it is mutually
agreed by and between the undersigned parties as follows:
SECTION 1 INCORPORATION OF RECITALS AND DEFINITIONS.
1.1 Recitals.
All of the recitals are substantive parts of this Construction Contract and are hereby incorporated herein by reference.
1.2 Definitions.
Capitalized terms shall have the meanings set forth in this Construction Contract (sometimes referred to herein as
the “Contract”) and/or in the General Conditions. If there is a conflict between the definitions in this Construction
Contract and in the General Conditions, the definitions in this Construction Contract shall prevail.
SECTION 2 THE PROJECT.
The Project is the 12kV Electrical Power Distribution Loop Rehabilitation Bid Pkg 1 Project, located at 2501
Embarcadero Way, Palo Alto, CA. 94303 ("Project").
/ /
/ /
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SECTION 3 THE CONTRACT DOCUMENTS.
3.1 List of Documents.
The Contract Documents (sometimes collectively referred to as “Agreement” or “Bid Documents”) consist of the
following documents which are on file with the Purchasing Division and are hereby incorporated into this Construction
Contract by reference.
1) Change Orders
2) Field Orders
3) Construction Contract
4) Bidding Addenda
5) Special Provisions
6) General Conditions
7) Project Plans and Drawings
8) Technical Specifications
9) Instructions to Bidders
10) Invitation for Bids
11) Contractor's Bid/Non-Collusion Declaration
12) Reports listed in the Contract Documents
13) Public Works Department’s Standard Drawings and Specifications (most current version at time of Bid)
14) Utilities Department’s Water, Gas, Wastewater, Electric Utilities Standards (most current version at
time of Bid)
15) City of Palo Alto Traffic Control Requirements
16) City of Palo Alto Truck Route Map and Regulations
17) Notice Inviting Pre-Qualification Statements, Pre-Qualification Statement, and Pre-Qualification
Checklist (if applicable)
18) Performance and Payment Bonds
3.2 Order of Precedence.
For the purposes of construing, interpreting and resolving inconsistencies between and among the provisions of this
Contract, the Contract Documents shall have the order of precedence as set forth in the preceding section. If a
claimed inconsistency cannot be resolved through the order of precedence, the City shall have the sole power to
decide which document or provision shall govern as may be in the best interests of the City.
SECTION 4 CONTRACTOR’S DUTY.
4.1 Contractor’s Duties
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Contractor agrees to perform all of the Work required for the Project, as specified in the Contract Documents, all of
which are fully incorporated herein. Contractor shall provide, furnish, and supply all things necessary and incidental
for the timely performance and completion of the Work, including, but not limited to, provision of all necessary labor,
materials, equipment, transportation, and utilities, unless otherwise specified in the Contract Documents.
Contractor also agrees to use its best efforts to complete the Work in a professional and expeditious manner and to
meet or exceed the performance standards required by the Contract Documents.
SECTION 5 PROJECT TEAM.
5.1 Contractor’s Co-operation.
In addition to Contractor, City has retained, or may retain, consultants and contractors to provide professional and
technical consultation for the design and construction of the Project. The Contract requires that Contractor operate
efficiently, effectively and cooperatively with City as well as all other members of the Project Team and other
contractors retained by City to construct other portions of the Project.
SECTION 6 TIME OF COMPLETION.
6.1 Time Is of Essence.
Time is of the essence with respect to all time limits set forth in the Contract Documents.
6.2 Commencement of Work.
Contractor shall commence the Work on the date specified in City’s Notice to Proceed.
6.3 Contract Time.
Work hereunder shall begin on the date specified on the City’s Notice to Proceed and shall be completed
not later than December 31, 2024.
within calendar days () after the commencement date specified in City’s Notice to Proceed.
By executing this Construction Contract, Contractor expressly waives any claim for delayed early completion.
6.4 Liquidated Damages.
Pursuant to Public Contract Code Section 7203, if Contractor fails to achieve Final Completion of the entire Work
within the Contract Time, including any approved extensions thereto, City may assess liquidated damages on a daily
basis for each day of Unexcused Delay in achieving Final Completion, based on the amount of Five Thousand Six
Hundred Eighteen Dollars ($5,618) per day, or as otherwise specified in the Special Provisions. Liquidated damages
may also be separately assessed for failure to meet milestones specified elsewhere in the Contract Documents,
regardless of impact on the time for achieving Final Completion. The assessment of liquidated damages is not a
penalty but considered to be a reasonable estimate of the amount of damages City will suffer by delay in completion
of the Work. The City is entitled to setoff the amount of liquidated damages assessed against any payments
otherwise due to Contractor, including, but not limited to, setoff against release of retention. If the total amount of
liquidated damages assessed exceeds the amount of unreleased retention, City is entitled to recover the balance
from Contractor or its sureties. Occupancy or use of the Project in whole or in part prior to Final Completion, shall
not operate as a waiver of City’s right to assess liquidated damages.
6.4.1 Other Remedies. City is entitled to any and all available legal and equitable remedies City may have where
City’s Losses are caused by any reason other than Contractor’s failure to achieve Substantial Completion of the entire
Work within the Contract Time.
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6.5 Adjustments to Contract Time.
The Contract Time may only be adjusted for time extensions approved by City and memorialized in a Change Order
approved in accordance with the requirements of the Contract Documents.
SECTION 7 COMPENSATION TO CONTRACTOR.
7.1 Contract Sum.
Contractor shall be compensated for satisfactory completion of the Work in compliance with the Contract Documents
the Contract Sum of Six Million Seventy Thousand Dollars ($6,070,000.00).
[This amount includes the Base Bid and Additive Alternates .]
7.2 Full Compensation.
The Contract Sum shall be full compensation to Contractor for all Work provided by Contractor and, except as
otherwise expressly permitted by the terms of the Contract Documents, shall cover all Losses arising out of the nature
of the Work or from the acts of the elements or any unforeseen difficulties or obstructions which may arise or be
encountered in performance of the Work until its Acceptance by City, all risks connected with the Work, and any and
all expenses incurred due to suspension or discontinuance of the Work, except as expressly provided herein. The
Contract Sum may only be adjusted for Change Orders approved in accordance with the requirements of the Contract
Documents.
SECTION 8 STANDARD OF CARE.
8.1 Standard of Care.
Contractor agrees that the Work shall be performed by qualified, experienced and well-supervised personnel. All
services performed in connection with this Construction Contract shall be performed in a manner consistent with the
standard of care under California law applicable to those who specialize in providing such services for projects of the
type, scope and complexity of the Project.
SECTION 9 INDEMNIFICATION.
9.1 Hold Harmless.
To the fullest extent allowed by law, Contractor will defend, indemnify, and hold harmless City, its City Council, boards
and commissions, officers, agents, employees, representatives and volunteers (hereinafter individually referred to as
an “Indemnitee” and collectively referred to as "Indemnitees"), through legal counsel acceptable to City, from and
against any and liability, loss, damage, claims, expenses (including, without limitation, attorney fees, expert witness
fees, paralegal fees, and fees and costs of litigation or arbitration) (collectively, “Liability”) of every nature arising out
of or in connection with the acts or omissions of Contractor, its employees, Subcontractors, representatives, or
agents, in performing the Work or its failure to comply with any of its obligations under the Contract, except such
Liability caused by the active negligence, sole negligence, or willful misconduct of an Indemnitee. Contractor shall
pay City for any costs City incurs to enforce this provision. Except as provided in Section 9.2 below, nothing in the
Contract Documents shall be construed to give rise to any implied right of indemnity in favor of Contractor against
City or any other Indemnitee.
Pursuant to Public Contract Code Section 9201, City shall timely notify Contractor upon receipt of any third-party
claim relating to the Contract.
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9.2 Survival.
The provisions of Section 9 shall survive the termination or expiration of this Construction Contract.
SECTION 10 NON-DISCRIMINATION.
10.1 Municipal Code Requirement.
As set forth in Palo Alto Municipal Code section 2.30.510, Contractor certifies that in the performance of this
Agreement, it shall not discriminate in the employment of any person due to the race, skin color, gender, gender
identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or
condition, housing status, marital status, familial status, weight or height of such person. Contractor acknowledges
that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to
Nondiscrimination Requirements, and the penalties for violation thereof, and will comply with all requirements of
Section 2.30.510 pertaining to nondiscrimination in employment.
SECTION 11 INSURANCE AND BONDS.
11.1 Evidence of coverage.
Within ten (10) business days following issuance of the Notice of Award, Contractor shall provide City with evidence
that it has obtained insurance and shall submit Performance and Payment Bonds satisfying all requirements in Article
11 of the General Conditions.
SECTION 12 PROHIBITION AGAINST TRANSFERS.
12.1 Assignment.
City is entering into this Construction Contract in reliance upon the stated experience and qualifications of the Contractor
and its Subcontractors set forth in Contractor’s Bid. Accordingly, Contractor shall not assign, hypothecate or transfer this
Construction Contract or any interest therein directly or indirectly, by operation of law or otherwise without the prior
written consent of City. Any assignment, hypothecation or transfer without said consent shall be null and void, and shall
be deemed a substantial breach of contract and grounds for default in addition to any other legal or equitable remedy
available to the City.
12.2 Assignment by Law.
The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor or of
any general partner or joint venturer or syndicate member of Contractor, if the Contractor is a partnership or joint
venture or syndicate or co-tenancy shall result in changing the control of Contractor, shall be construed as an assignment
of this Construction Contract. Control means more than fifty percent (50%) of the voting power of the corporation or
other entity.
SECTION 13 NOTICES.
13.1 Method of Notice.
All notices, demands, requests or approvals to be given under this Construction Contract shall be given in writing and
shall be deemed served on the earlier of the following:
(i) On the date delivered if delivered personally;
(ii) On the third business day after the deposit thereof in the United States mail, postage prepaid, and
addressed as hereinafter provided;
(iii) On the date sent if sent by facsimile transmission;
(iv) On the date sent if delivered by electronic mail; or
(v) On the date it is accepted or rejected if sent by certified mail.
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13.2 Notice to Recipients.
All notices, demands or requests (including, without limitation, Change Order Requests and Claims) from Contractor to
City shall include the Project name and the number of this Construction Contract and shall be addressed to City at:
To City: City of Palo Alto
City Clerk
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, CA 94303
Copy to: City of Palo Alto
Public Works Administration
2501 Embarcadero Way
Palo Alto, CA 94303
Attn: Padmakar Chaobal
[Include Construction Manager, If Applicable.]
Carollo Engineers
2795 Mitchell Drive
Walnut Creek, CA 94598
Attn: Rick Chan, PE
Email: rchan@carollo.com
In addition, copies of all Claims by Contractor under this Construction Contract shall be provided to the
following:
Palo Alto City Attorney’s Office
250 Hamilton Avenue
P.O. Box 10250
Palo Alto, California 94303
All Claims shall be sent by registered mail or certified mail with return receipt requested.
All notices, demands, requests or approvals from City to Contractor shall be addressed to Contractor at:
To Contractor:
Anderson Pacific Engineering Construction, Inc.
1370 Norman Avenue
Santa Clara, CA 95054
Attn: Peter E. Anderson
Email: pea@andpac.com
13.3 Change of Address.
In advance of any change of address, Contractor shall notify City of the change of address in writing. Each party may,
by written notice only, add, delete or replace any individuals to whom and addresses to which notice shall be
provided.
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SECTION 14 DEFAULT.
14.1 Notice of Default.
In the event that City determines, in its sole discretion, that Contractor has failed or refused to perform any of the
obligations set forth in the Contract Documents, or is in breach of any provision of the Contract Documents, City may
give written notice of default to Contractor in the manner specified for the giving of notices in the Construction Contract,
with a copy to Contractor’s performance bond surety.
14.2 Opportunity to Cure Default.
Except for emergencies, Contractor shall cure any default in performance of its obligations under the Contract
Documents within two (2) Days (or such shorter time as City may reasonably require) after receipt of written notice.
However, if the breach cannot be reasonably cured within such time, Contractor will commence to cure the breach within
two (2) Days (or such shorter time as City may reasonably require) and will diligently and continuously prosecute such
cure to completion within a reasonable time, which shall in no event be later than ten (10) Days after receipt of such
written notice.
SECTION 15 CITY'S RIGHTS AND REMEDIES.
15.1 Remedies Upon Default.
If Contractor fails to cure any default of this Construction Contract within the time period set forth above in Section 14,
then City may pursue any remedies available under law or equity, including, without limitation, the following:
15.1.1 Delete Certain Services. City may, without terminating the Construction Contract, delete certain
portions of the Work, reserving to itself all rights to Losses related thereto.
15.1.2 Perform and Withhold. City may, without terminating the Construction Contract, engage others to
perform the Work or portion of the Work that has not been adequately performed by Contractor and withhold
the cost thereof to City from future payments to Contractor, reserving to itself all rights to Losses related
thereto.
15.1.3 Suspend the Construction Contract. City may, without terminating the Construction Contract and
reserving to itself all rights to Losses related thereto, suspend all or any portion of this Construction Contract
for as long a period of time as City determines, in its sole discretion, appropriate, in which event City shall have
no obligation to adjust the Contract Sum or Contract Time, and shall have no liability to Contractor for damages
if City directs Contractor to resume Work.
15.1.4 Terminate the Construction Contract for Default. City shall have the right to terminate this
Construction Contract, in whole or in part, upon the failure of Contractor to promptly cure any default as
required by Section 14. City’s election to terminate the Construction Contract for default shall be communicated
by giving Contractor a written notice of termination in the manner specified for the giving of notices in the
Construction Contract. Any notice of termination given to Contractor by City shall be effective immediately,
unless otherwise provided therein.
15.1.5 Invoke the Performance Bond. City may, with or without terminating the Construction Contract and
reserving to itself all rights to Losses related thereto, exercise its rights under the Performance Bond.
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15.1.6 Additional Provisions. All of City’s rights and remedies under this Construction Contract are
cumulative, and shall be in addition to those rights and remedies available in law or in equity. Designation in
the Contract Documents of certain breaches as material shall not waive the City’s authority to designate other
breaches as material nor limit City’s right to terminate the Construction Contract, or prevent the City from
terminating the Agreement for breaches that are not material. City’s determination of whether there has been
noncompliance with the Construction Contract so as to warrant exercise by City of its rights and remedies for
default under the Construction Contract, shall be binding on all parties. No termination or action taken by City
after such termination shall prejudice any other rights or remedies of City provided by law or equity or by the
Contract Documents upon such termination; and City may proceed against Contractor to recover all liquidated
damages and Losses suffered by City.
15.2 Delays by Sureties.
Time being of the essence in the performance of the Work, if Contractor’s surety fails to arrange for completion of the
Work in accordance with the Performance Bond, within seven (7) calendar days from the date of the notice of
termination, Contractor’s surety shall be deemed to have waived its right to complete the Work under the Contract, and
City may immediately make arrangements for the completion of the Work through use of its own forces, by hiring a
replacement contractor, or by any other means that City determines advisable under the circumstances. Contractor and
its surety shall be jointly and severally liable for any additional cost incurred by City to complete the Work following
termination. In addition, City shall have the right to use any materials, supplies, and equipment belonging to Contractor
and located at the Worksite for the purposes of completing the remaining Work.
15.3 Damages to City.
15.3.1 For Contractor's Default. City will be entitled to recovery of all Losses under law or equity in the event
of Contractor’s default under the Contract Documents.
15.3.2 Compensation for Losses. In the event that City's Losses arise from Contractor’s default under the
Contract Documents, City shall be entitled to deduct the cost of such Losses from monies otherwise payable to
Contractor. If the Losses incurred by City exceed the amount payable, Contractor shall be liable to City for the
difference and shall promptly remit same to City.
15.4 Suspension by City
15.4.1 Suspension for Convenience. City may, at any time and from time to time, without cause, order
Contractor, in writing, to suspend, delay, or interrupt the Work in whole or in part for such period of time, up
to an aggregate of fifty percent (50%) of the Contract Time. The order shall be specifically identified as a
Suspension Order by City. Upon receipt of a Suspension Order, Contractor shall, at City’s expense, comply with
the order and take all reasonable steps to minimize costs allocable to the Work covered by the Suspension
Order. During the Suspension or extension of the Suspension, if any, City shall either cancel the Suspension
Order or, by Change Order, delete the Work covered by the Suspension Order. If a Suspension Order is canceled
or expires, Contractor shall resume and continue with the Work. A Change Order will be issued to cover any
adjustments of the Contract Sum or the Contract Time necessarily caused by such suspension. A Suspension
Order shall not be the exclusive method for City to stop the Work.
15.4.2 Suspension for Cause. In addition to all other remedies available to City, if Contractor fails to perform
or correct work in accordance with the Contract Documents, City may immediately order the Work, or any
portion thereof, suspended until the cause for the suspension has been eliminated to City’s satisfaction.
Contractor shall not be entitled to an increase in Contract Time or Contract Price for a suspension occasioned
by Contractor’s failure to comply with the Contract Documents. City’s right to suspend the Work shall not give
rise to a duty to suspend the Work, and City’s failure to suspend the Work shall not constitute a defense to
Contractor’s failure to comply with the requirements of the Contract Documents.
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15.5 Termination Without Cause.
City may, at its sole discretion and without cause, terminate this Construction Contract in part or in whole upon written
notice to Contractor. Upon receipt of such notice, Contractor shall, at City’s expense, comply with the notice and take all
reasonable steps to minimize costs to close out and demobilize. The compensation allowed under this Paragraph 15.5
shall be the Contractor’s sole and exclusive compensation for such termination and Contractor waives any claim for other
compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost opportunity, or
other consequential, direct, indirect or incidental damages of any kind resulting from termination without cause.
Termination pursuant to this provision does not relieve Contractor or its sureties from any of their obligations for Losses
arising from or related to the Work performed by Contractor.
15.5.1 Compensation. Following such termination and within forty-five (45) Days after receipt of a billing
from Contractor seeking payment of sums authorized by this Paragraph 15.5.1, City shall pay the following to
Contractor as Contractor’s sole compensation for performance of the Work:
.1 For Work Performed. The amount of the Contract Sum allocable to the portion of the Work
properly performed by Contractor as of the date of termination, less sums previously paid to
Contractor.
.2 For Close-out Costs. Reasonable costs of Contractor and its Subcontractors:
(i) Demobilizing and
(ii) Administering the close-out of its participation in the Project (including, without
limitation, all billing and accounting functions, not including attorney or expert fees) for a
period of no longer than thirty (30) Days after receipt of the notice of termination.
.3 For Fabricated Items. Previously unpaid cost of any items delivered to the Project Site which
were fabricated for subsequent incorporation in the Work.
.4 Profit Allowance. An allowance for profit calculated as four percent (4%) of the sum of the
above items, provided Contractor can prove a likelihood that it would have made a profit if the
Construction Contract had not been terminated.
15.5.2 Subcontractors. Contractor shall include provisions in all of its subcontracts, purchase orders and
other contracts permitting termination for convenience by Contractor on terms that are consistent with this
Construction Contract and that afford no greater rights of recovery against Contractor than are afforded to
Contractor against City under this Section.
15.6 Contractor’s Duties Upon Termination.
Upon receipt of a notice of termination for default or for convenience, Contractor shall, unless the notice directs
otherwise, do the following:
(i) Immediately discontinue the Work to the extent specified in the notice;
(ii) Place no further orders or subcontracts for materials, equipment, services or facilities, except as may
be necessary for completion of such portion of the Work that is not discontinued;
(iii) Provide to City a description in writing, no later than fifteen (15) days after receipt of the notice of
termination, of all subcontracts, purchase orders and contracts that are outstanding, including, without
limitation, the terms of the original price, any changes, payments, balance owing, the status of the
portion of the Work covered and a copy of the subcontract, purchase order or contract and any written
changes, amendments or modifications thereto, together with such other information as City may
determine necessary in order to decide whether to accept assignment of or request Contractor to
terminate the subcontract, purchase order or contract;
(iv) Promptly assign to City those subcontracts, purchase orders or contracts, or portions thereof, that City
elects to accept by assignment and cancel, on the most favorable terms reasonably possible, all
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subcontracts, purchase orders or contracts, or portions thereof, that City does not elect to accept by
assignment; and
(v) Thereafter do only such Work as may be necessary to preserve and protect Work already in progress
and to protect materials, plants, and equipment on the Project Site or in transit thereto.
Upon termination, whether for cause or for convenience, the provisions of the Contract Documents remain in
effect as to any Claim, indemnity obligation, warranties, guarantees, submittals of as-built drawings,
instructions, or manuals, or other such rights and obligations arising prior to the termination date.
SECTION 16 CONTRACTOR'S RIGHTS AND REMEDIES.
16.1 Contractor’s Remedies.
Contractor may terminate this Construction Contract only upon the occurrence of one of the following:
16.1.1 For Work Stoppage. The Work is stopped for sixty (60) consecutive Days, through no act or fault of
Contractor, any Subcontractor, or any employee or agent of Contractor or any Subcontractor, due to issuance
of an order of a court or other public authority other than City having jurisdiction or due to an act of government,
such as a declaration of a national emergency making material unavailable. This provision shall not apply to any
work stoppage resulting from the City’s issuance of a suspension notice issued either for cause or for
convenience.
16.1.2 For City's Non-Payment. If City does not pay Contractor undisputed sums within ninety (90) Days after
receipt of notice from Contractor, Contractor may terminate the Construction Contract (30) days following a
second notice to City of Contractor’s intention to terminate the Construction Contract.
16.2 Damages to Contractor.
In the event of termination for cause by Contractor, City shall pay Contractor the sums provided for in Paragraph 15.5.1
above. Contractor agrees to accept such sums as its sole and exclusive compensation and agrees to waive any claim for
other compensation or Losses, including, but not limited to, loss of anticipated profits, loss of revenue, lost
opportunity, or other consequential, direct, indirect and incidental damages, of any kind.
SECTION 17 ACCOUNTING RECORDS.
17.1 Financial Management and City Access.
Contractor shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial
management under this Construction Contract in accordance with generally accepted accounting principles and
practices. City and City's accountants during normal business hours, may inspect, audit and copy Contractor's records,
books, estimates, take-offs, cost reports, ledgers, schedules, correspondence, instructions, drawings, receipts,
subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project. Contractor shall retain
these documents for a period of three (3) years after the later of (i) Final Payment or (ii) final resolution of all Contract
Disputes and other disputes, or (iii) for such longer period as may be required by law.
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17.2 Compliance with City Requests.
Contractor's compliance with any request by City pursuant to this Section 17 shall be a condition precedent to filing or
maintenance of any legal action or proceeding by Contractor against City and to Contractor's right to receive further
payments under the Contract Documents. City many enforce Contractor’s obligation to provide access to City of its
business and other records referred to in Section 17.1 for inspection or copying by issuance of a writ or a provisional or
permanent mandatory injunction by a court of competent jurisdiction based on affidavits submitted to such court,
without the necessity of oral testimony.
SECTION 18 INDEPENDENT PARTIES.
18.1 Status of parties.
Each party is acting in its independent capacity and not as agents, employees, partners, or joint venturers of the other
party. City, its officers or employees shall have no control over the conduct of Contractor or its respective agents,
employees, subconsultants, or subcontractors, except as herein set forth.
SECTION 19 NUISANCE.
19.1 Nuisance Prohibited.
Contractor shall not maintain, commit, nor permit the maintenance or commission of any nuisance in connection in the
performance of services under this Construction Contract.
SECTION 20 PERMITS AND LICENSES.
Except as otherwise provided in the Special Provisions and Technical Specifications, the Contractor shall provide, procure
and pay for all licenses, permits, and fees, required by the City or other government jurisdictions or agencies necessary
to carry out and complete the Work. Payment of all costs and expenses for such licenses, permits, and fees shall be
included in one or more Bid items. No other compensation shall be paid to the Contractor for these items or for delays
caused by non-City inspectors or conditions set forth in the licenses or permits issued by other agencies.
SECTION 21 WAIVER.
A waiver by either party of any breach of any term, covenant, or condition contained herein shall not be deemed to be a
waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of
the same or a different character.
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SECTION 22 GOVERNING LAW AND VENUE; COMPLIANCE WITH LAWS.
22.1 Governing Law and Venue.
This Construction Contract shall be construed in accordance with and governed by the laws of the State of California,
without regard to conflict of law provisions, and venue shall be in a court of competent jurisdiction in the County of Santa
Clara, California and no other place.
22.2 Compliance with Laws.
Contractor shall comply with all applicable federal and California laws and city laws, including, without limitation,
ordinances and resolutions, in the performance of work under this Construction Contract.
22.2.1 Palo Alto Minimum Wage Ordinance. Contractor shall comply with all requirements of the Palo Alto
Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any
employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a
calendar week within the geographic boundaries of the City, Contractor shall pay such employees no less than
the minimum wage set forth in Palo Alto Municipal Code section 4.62.030 for each hour worked within the
geographic boundaries of the City of Palo Alto. In addition, Contractor shall post notices regarding the Palo Alto
Minimum Wage Ordinance in accordance with Palo Alto Municipal Code section 4.62.060.
SECTION 23 COMPLETE AGREEMENT.
23.1 Integration.
This Agreement represents the entire and integrated agreement between the parties and supersedes all prior
negotiations, representations, and contracts, either written or oral. This Agreement may be amended only by a written
instrument, which is signed by the parties.
SECTION 24 SURVIVAL OF CONTRACT.
24.1 Survival of Provisions.
The provisions of the Construction Contract which by their nature survive termination or expiration of the Construction
Contract or Final Completion, including, without limitation, all warranties, indemnities, payment obligations, and City’s
right to audit Contractor’s books and records, shall remain in full force and effect after Final Completion or any
termination or expiration of the Construction Contract.
SECTION 25 PREVAILING WAGES.
This Project is not subject to prevailing wages and related requirements. Contractor is not required to pay prevailing
wages and meet related requirements under the California Labor Code and California Code of Regulations in the
performance and implementation of the Project if the Contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1),
1725.5(f) and 1773.3(j); or
(3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California
Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).
Or
This Project is subject to prevailing wages and related requirements as a “public works” under California Labor
Code Sections 1720 et seq. and related regulations. Contractor is required to pay general prevailing wages as defined
in California Labor Code Section 1773.1 and Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et
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seq., as amended from time to time. Pursuant to Labor Code Section 1773, the City has obtained the general prevailing
rate of per diem wages and the general rate for holiday and overtime work in this locality for each craft, classification, or
type of worker needed to execute the contract for this Project from the State of California Department of Industrial
Relations (“DIR”). Copies of these rates may be obtained at the City’s Purchasing Department office. The general
prevailing wage rates are also available at the DIR, Division of Labor Statistics and Research, website (see e.g.
http://www.dir.ca.gov/DLSR/PWD/index.htm) as amended from time to time. Contractor shall post a copy of the general
prevailing wage rates at all Project job sites and shall pay the adopted prevailing wage rates as a minimum. Contractor
shall comply with all applicable provisions of Division 2, Part 7, Chapter 1 of the California Labor Code (Labor Code Section
1720 et seq.), including, but not limited to, Sections 1720, 1725.5, 1771, 1771.1, 1771.4, 1773.2, 1774, 1775, 1776,
1777.5, 1782, 1810, 1813 and 1815, and all applicable implementing regulations, including but not limited to Subchapter
3, Title 8 of the California Code of Regulations Section 16000 et seq. (8 CCR Section 16000 et seq.), as amended from
time to time.
SECTION 26 NON-APPROPRIATION.
26.1 Appropriations.
This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code.
This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that the City does not
appropriate funds for the following fiscal year for this event, or (b) at any time within a fiscal year in the event that funds
are only appropriated for a portion of the fiscal year and funds for this Construction Contract are no longer available.
This section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this
Agreement.
SECTION 27 AUTHORITY.
27.1 Representation of Parties.
The individuals executing this Agreement represent and warrant that they have the legal capacity and authority to do
so on behalf of their respective legal entities.
SECTION 28 COUNTERPARTS
28.1 Multiple Counterparts.
This Agreement may be signed in multiple counterparts, which, when executed by all the parties, shall together
constitute a single binding agreement.
SECTION 29 SEVERABILITY.
29.1 Severability.
In case a provision of this Construction Contract is held to be invalid, illegal or unenforceable, the validity, legality and
enforceability of the remaining provisions shall not be affected.
SECTION 30 STATUTORY AND REGULATORY REFERENCES.
30.1 Amendments to Laws.
With respect to any amendments to any statutes or regulations referenced in these Contract Documents, the reference
is deemed to be the version in effect on the date that the Contract was awarded by City, as may be amended from time
to time, unless otherwise required by law.
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SECTION 31 WORKERS’ COMPENSATION CERTIFICATION.
31.1 Workers Compensation.
Contractor shall secure the payment of workers’ compensation to its employees as provided in Labor Code Sections
1860 and 3700.
Pursuant to Labor Code Section 1861, by signing this Contract, Contractor thereby certifies as follows:
“I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured
against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions
of that code, and I will comply with such provisions before commencing the performance of the Work on
this Contract.”
SECTION 32 DIR REGISTRATION AND OTHER REQUIREMENTS.
32.1 General Notice to Contractor.
City requires Contractor and its Subcontractors to comply with all applicable requirements of the California Labor Code
including but not limited to Labor Code Sections 1720 through 1861, and all applicable related regulations, including but
not limited to Subchapter 3, Title 8 of the California Code of Regulations Section 16000 et seq., as amended from time
to time. Additional information regarding public works and prevailing wage requirements is available on the DIR website
(see e.g. http://www.dir.ca.gov) as amended from time to time.
32.2 Labor Code section 1771.1(a)
City provides notice to Contractor of the requirements of California Labor Code section 1771.1(a), which reads:
“A contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, subject to the requirements of
Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in
this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a
violation of this section for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business
and Professions Code or Section 10164 or 20103.5 of the Public Contract Code, provided the contactor is registered to
perform public work pursuant to Section 1725.5 at the time the contract is awarded.”
32.3 DIR Registration Required.
City will not accept a bid proposal from or enter into this Construction Contract with Contractor without proof that
Contractor and its Subcontractors are registered with the California Department of Industrial Relations (“DIR”) to perform
public work, subject to limited exceptions.
32.4 Posting of Job Site Notices; Compliance Monitoring.
City gives notice to Contractor and its Subcontractors that Contractor is required to post all job site notices prescribed
by law or regulation and Contractor is subject to compliance monitoring and enforcement by DIR.
32.5 Payroll Records.
Contractor shall furnish certified payroll records directly to the Labor Commissioner (DIR) in accordance with Subchapter
3, Title 8 of the California Code of Regulations Section 16461 (8 CCR Section 16461).
City requires Contractor and its Subcontractors to comply with the requirements of Labor Code section 1776, including
but not limited to:
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(i) Keep accurate payroll records, showing the name, address, social security number, work classification,
straight time and overtime hours worked each day and week, and the actual per diem wages paid to each
journeyman, apprentice, worker, or other employee employed by, respectively, Contractor and its
Subcontractors, in connection with the Project.
(ii) The payroll records shall be verified as true and correct and shall be certified and made available for
inspection at all reasonable hours at the principal office of Contractor and its Subcontractors, respectively.
(iii) At the request of City, acting by its Project Manager, Contractor and its Subcontractors shall make the
certified payroll records available for inspection or furnished upon request to the City’s Project Manager
within ten (10) days of receipt of City’s request.
City requests Contractor and its Subcontractors to submit the certified payroll records to the
City’s Project Manager at the end of each week during the Project.
(iv) If the certified payroll records are not provided as required within the 10-day period, then Contractor and
its Subcontractors shall be subject to a penalty of one hundred dollars ($100.00) per calendar day, or
portion thereof, for each worker, and City shall withhold the sum total of penalties from the progress
payment(s) then due and payable to Contractor. This provision supplements the provisions of Section 15
hereof.
(v) Inform the City’s Project Manager of the location of Contractor’s and its Subcontractors’ payroll records
(street address, city and county) at the commencement of the Project, and also provide notice to the City’s
Project Manager within five (5) business days of any change of location of those payroll records.
32.6 Employment of Apprentices.
Contractor shall comply with the statutory requirements regarding employment of apprentices including without
limitation Labor Code Section 1777.5. The statutory provisions will be enforced for penalties for failure to pay prevailing
wages and for failure to comply with wage and hour laws.
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IN WITNESS WHEREOF, the parties have caused this Construction Contract to be executed the date and year first above
written.
CITY OF PALO ALTO
____________________________
Purchasing Manager
City Manager
APPROVED AS TO FORM:
____________________________
City Attorney or Designee
APPROVED:
____________________________
Public Works Director
ANDERSON PACIFIC ENGINEERING
CONSTRUCTION, INC.
Officer 1
By:___________________________
Name:________________________
Title:__________________________
Date: _________________________
Officer 2
By:____________________________
Name:__________________________
Title:___________________________
Date:___________________________
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City of Palo Alto (ID # 14886)
City Council Staff Report
Meeting Date: 11/14/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: SECOND READING: Adoption of Nine Ordinances That Repeal and Adopt
Various Sections of the Palo Alto Municipal Code (PAMC) Related to the 2022
CA Building Codes (CA Code of Regulations Title 24) Update and Proposed
Local Amendments; including: (1) Ch apter 15.04 Incorporating the 2022 CA
Fire Code With Local Amendments; (2) Chapter 16.04 Incorporating the 2022
CA Building Code With Local Amendments; (3) Chapter 16.05 Incorporating
the 2022 CA Mechanical Code With Local Amendments; (4) Chapter 16.06
Incorporating the 2022 CA Residential Code With Local Amendments and
Amending Chapter 16.52 to Align Federal, State, and Local Flood Hazard
Regulations; (5) Chapter 16.08 Incorporating the 2022 CA Plumbing Code
With Local Amendments; (6) Chapter 16.16 Incorpo rating the 2022 CA
Electrical Code With Local Amendments; (7) Chapter 16.18 Incorporating the
2021 International Swimming Pool and Spa Code With Local Amendments;
(8) Chapter 16.14 Incorporating the 2022 CA Green Building Standards Code
with Local Amendme nts; (9) Chapter 16.17 Incorporating the 2022 CA Energy
Code Without Local Amendments. Environmental Assessment: Project is
Exempt Under CA Environmental Quality Act CEQA Guidelines Sections
15061(b)(3) and 15308 (FIRST READING: October 17, 2022 PASSED: 7-0).
From: City Manager
Lead Department: Planning and Development Services
This was first brought to the City Council on October 17, 2022 where it passed without change,
in a 7-0 vote. It is now before you for the second reading. Staff have made a number of clerical
and formatting changes to the attached ordinances since the first reading, but they remain
substantively unchanged.
Attachments:
• Attachment6.a: Attachment A: Ordinance Repealing Ch 15.04 Amending Title 15
to Adopt a New Ch 15.04, the CA Fire Code (2022 Edition) with Local Amendments and
Related Findings
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City of Palo Alto Page 2
• Attachment6.b: Attachment B: Ordinance Repealing Ch 16.04 Adopting a New Ch
16.04, CA Building Code, New Ch 16.19, CA Historical Building Code and CA Existing
Building Code, 2022 Edition, and Local Am
• Attachment6.c: Attachment C: Ordinance Repealing Ch 16.05 Amending Title 16
to Adopt a New Ch 16.05 CA Mechanical Code, 2022 Edition, and Local Amendments
and Related Findings
• Attachment6.d: Attachment D: Ordinance Repealing Ch 16.06 Adopting New Ch
16.06 CA Residential Code, 2022 Edition, and Local Amendments Related Findings and
Amending Ch 16.52 Flood Hazard Regulations
• Attachment6.e: Attachment E: Ordinance Repealing Ch 16.08 Amending Title 16 to
Adopt a New Ch 16.08 CA Plumbing Code, 2022 Edit ion, and Local Amendments and
Related Findings
• Attachment6.f: Attachment F: Ordinance Repealing Ch 16.16 Amending Title 16 to
Adopt a New Ch 16.16 CA Electrical Code, 2022 Edition, and Local Amendments and
Related Findings
• Attachment6.g: Attachment G: Ordinance Repealing Ch 16.18 Amending Title 16
to Adopt a New Ch 16.18 International Swimming Pool and Spa Code with Local
Amendments
• Attachment6.h: Attachment H: Ordinance Repealing Ch 16.14 of PAMC Adopting a
New Ch 16.14 California Green Building Code, 2022 Edition, and Local Amendments and
Related Findings
• Attachment6.i: Attachment I: Ordinance Repealing Ch 16.17 Amending Title 16 to
Adopt a New Ch 16.17 CA Energy Code, 2022 Edition, and Local Amendments and
Related Findings
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Ordinance No. ___
Adoption of an Ordinance Repealing Chapter 15.04 of the Palo Alto Municipal Code and
Amending Title 15 to Adopt a New Chapter 15.04, the California Fire Code (2022 Edition) With
Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Title 15 of the Palo Alto Municipal Code is hereby amended by repealing in its
entirety Chapter 15.04 and enacting a new Chapter 15.04 to read as follows:
CHAPTER 15.04
CALIFORNIA FIRE CODE,
CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9
Sections
15.04.010 2022 California Fire Code, Title 24, Part 9 adopted and amended.
15.04.020 Local Amendments.
15.04.030 Section 102.5 Application of residential code.
15.04.040 Section 103.2 Appointment.
15.04.050 Sections 105.3.9 Permits/Permit fees and 105.3.10 Operational Permits.
15.04.060 Table 105.5.9 Permit amounts for compressed gases.
15.04.070 Table 105.5.22 Permit amounts for hazardous materials.
15.04.080 Sections 105.5.25 and 105.5.53 and Sections 105.5.55 through 105.5.59
Operational permits.
15.04.090 Sections 105.6.3 Cryogenic fluids and 105.6.12 Hazardous materials amended
and Section 105.6.25 Construction permits added.
15.04.100 Sections 105.8.1 and 105.8.2 Fire and life safety.
15.04.110 Section 107.7 Certified Unified Program Agency Fees.
15.04.120 Section 108.1 Inspection authority.
15.04.130 Section 112.1.1 Enforcement/citation authority.
15.04.140 Section 112.4 Violation penalties.
15.04.150 Definitions Section 202
15.04.160 Section 316.7 Roof guiderails at interior courts.
15.04.170 320.3.13 Safety certification.
15.04.180 Section 322.4.2.2.1 through 322.4.2.2.3 Maximum quantity in a control area.
15.04.190 Section 401.5 Making false report.
15.04.200 Section 503.1 Fire access roadways.
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15.04.210 Section 503.2.1 Dimensions.
15.04.220 Section 503.2.2 Authority.
15.04.230 Section 504.5 Access control devices.
15.04.240 Section 505.1.1 and 505.1.2 Premises identification.
15.04.250 Section 509.1.2 Fire protection equipment identification.
15.04.260 Sections 603.11 through 603.13.
15.04.270 Section 605.5.2.1.1 Prohibitive locations.
15.04.280 Section 903.2 Automatic sprinkler systems, where required.
15.04.290 903.3.1.1 NFPA 13 sprinkler systems.
15.04.300 Section 903.3.1.2 NFPA 13R sprinkler systems.
15.04.310 Section 903.3.1.3 and 903.3.1.3.1 NFPA 13D sprinkler systems.
15.04.320 Section 903.4.3 Floor control valves.
15.04.330 Section 905.3.1 Standpipe systems.
15.04.340 Section 909.20.7 Smoke control systems - schedule.
15.04.350 Section 1008.3.3 Rooms and spaces.
15.04.360 Section 1031.2 Where required.
15.04.370 Section 1207.1.5 Large-scale fire test.
15.04.380 Section 1207.11.3 Location.
15.04.390 Section 3305.9 Fire walls.
15.04.400 Section 3312.1 and 3312.1.1.
15.04.410 Section 4902.1 Definition of wildland-urban interface fire area.
15.04.420 Section 4903.2 and 4903.3 through 4903.4 General requirements for wildland-
urban interface fire areas.
15.04.430 Sections 4907.1 and 4907.4 Defensible space.
15.04.440 Section 5001.2.2.2 Health Hazards.
15.04.450 Section 5001.7 Hazard materials management plan electronic submissions.
15.04.460 Section 5003.1.3.1 Toxic, highly toxic, moderately toxic gases and similarly used
or handled materials.
15.04.470 Section 5003.1.5 Other health hazards including carcinogens, irritants and
sensitizers.
15.04.480 Section 5003.1.6 Additional secondary containment requirements.
15.04.490 Section 5003.2.2.1 Design and construction.
15.04.500 Section 5003.2.2.2 Additional regulations for supply piping for health hazard
materials.
15.04.510 Section 5003.3.1 Unauthorized discharges.
15.04.520 Section 5003.5.2 Ventilation ducting.
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15.04.530 Section 5003.5.3 “H” Occupancies.
15.04.540 Section 5003.9.11 Fire extinguishing systems for workstations dispensing,
handling or using hazardous materials.
15.04.550 Section 5003.10.4 Elevators utilized to transport hazardous materials.
15.04.560 Section 5004.2.1 Spill control for hazardous material liquids.
15.04.570 Sections 5004.2.2 and 5004.2.2.2 and Table 5004.2.2 Secondary containment
for hazardous material liquids and solids.
15.04.580 Section 5004.2.3 Containment pallets.
15.04.590 Section 5704.2.7.5.8 Overfill prevention.
15.04.600 Section 5704.2.7.5.9 Automatic filling of tanks.
15.04.610 Section 5707.3.3 Site plan.
15.04.620 Section 6001.1 Site scope.
15.04.630 Section 6002.1 Definitions.
15.04.640 Section 6004.1 Highly toxic and toxic compressed gases.
15.04.650 Sections 6004.2 and 6004.2.1 Indoor storage and use.
15.04.660 Section 6004.2.1.4 and Table 6004.2.1.4 Quantities.
15.04.670 Section 6004.4 through 6004.4.8.2 General indoor requirements.
15.04.010 2022 California Fire Code, Title 24, Part 9 adopted and amended.
The California Fire Code, 2022 Edition, as adopted by the California Code of Regulations Title 24,
Part 9, and Appendices B, C, D, E, F, G, H, and K is adopted as herein amended. One copy of the
California Fire Code is on file and open to public inspection in the Office of the City Clerk.
Additional copies of the secondary codes set forth within the California Fire Code, and the
amendments set forth in this chapter, are on file and open to public inspection in the fire
department administrative office.
Whenever the phrase “California Fire Code” appears in this code or in any ordinance of the city,
such phrase shall be deemed and construed to refer to and apply to the “California Fire Code,
2022 Edition” as adopted by the California Code of Regulations Title 24, Part 9 and as adopted
and amended by this chapter.
15.04.020 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions
of the California Fire Code, 2022 Edition, and shall be deemed to replace the cross-referenced
sections of said Code with the respective provisions set forth in this Chapter. Where used in this
Chapter 15.04, ellipses shall indicate text of the California Fire Code, 2022 Edition, that has been
adopted without amendment but is omitted for brevity.
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15.04.030 Section 102.5 amended - Application of residential code.
Section 102.5 of the California Fire Code is amended to read as follows:
102.5 Application of residential code. Where structures are designed and constructed in
accordance with the California Residential Code, the provisions of this code shall apply as
follows:
1. Construction and design provisions:
a. Provisions of this code pertaining to the exterior of the structure shall apply,
including, but not limited to, premises identification, fire apparatus access,
and water supplies.
b. Provisions of this code pertaining to the interior of the structure shall apply
when specifically required by this code including, but not limited to, Sections
903.2 through 903.3.7 and Section 907.2.10.
c. Where interior or exterior systems or devices are installed, construction
permits required by Section 105.6 of this code shall also apply.
2. Administrative, operational, and maintenance provisions: all such provisions of
this code shall apply.
15.04.040 Section 103.2 Appointment deleted.
Section 103.2 of the California Fire Code is deleted.
15.04.050 Sections 105.3.9 Permits/Permit fees and 105.3.10 Operational permits.
Sections 105.3.9 and 105.3.10 are added to the California Fire Code to read as follows:
105.3.9 Permits/Permit fees. All permit fees shall be established by the City Council as
set forth in the municipal fee schedule.
105.3.10 Operational permits. Operational permits are valid for one year at which time
they must be renewed by paying a fee specified in the municipal fee schedule.
15.04.060 Table 105.5.9 Permit amounts for compressed gases.
Table 105.5.9 of the California Fire Code is amended to read as follows:
TABLE 105.5.9
PERMIT AMOUNTS FOR COMPRESSED GASES1
TYPE OF GAS 2 AMOUNT (cubic feet)
X 0.0283 for m3
Carbon dioxide used in carbon dioxide enrichment systems 875(100 lbs)
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Flammable (except cryogenic and liquefied petroleum gases) 200
Highly toxic Any amount
Inert and simple asphyxiant 6,000
Irritant 200
Moderately toxic 20
Other health hazards 650
Oxidizing (including oxygen) 504
Pyrophoric Any amount
Radioactive Any amount
Sensitizer 200
Toxic Any Amount
Unstable (reactive) Any amount
For SI: 1 cubic foot = 0.0283m3.
1 Refer to Chapters 27, 30, 32, 35, 37, 40 and 41 for additional requirements and
exceptions.
2 Cubic feet measured at normal Temperature and pressure.
15.04.070 Table 105.5.22 Permit amounts for hazardous materials.
Table 105.5.22 of the California Fire Code is amended to read as follows:
TABLE 105.5.22
PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
TYPE OF MATERIAL AMOUNT
Carcinogens 10 pounds
Combustible liquids See Section 105.6.16
Corrosive materials:
Gases
Liquids
Solids
See Section 105.6.8
55 gallons
500 pounds
Cryogens See Section 105.6.10
Explosive materials See Section 105.6.14
Flammable materials:
Gases
Liquids Solids
See Section 105.6.8
See Section 105.6.16 10 pounds
Highly toxic materials:
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Gases
Liquids
Solids
Any amount
Any amount
Any amount Moderately toxic gas 20 cubic feet
Organic peroxides:
Liquids: Class I-IV
Liquids: Class V
Solids: Class I-IV
Solids: Class V
Any Amount
No Permit Required
Any Amount
No Permit Required
Oxidizing materials:
Gases Liquids
Solids:
504 Cubic Feet
Any amount
Any amount
Other health
Hazards:
Liquids
55 gallons
500 pounds
Pyrophoric materials:
Gases
Liquids
Solids
Any amount
Any amount
Any amount
Radioactive materials:
Gases
Liquids
Solids
Any Amount
See Section 105.6.47
See Section 105.6.47
Toxic materials:
Gases
Liquids
Solids
Any amount
Any amount
Any amount
Unstable (reactive) materials:
Gases
Liquids
Solids
Any amount
Any amount
Any amount
Water reactive materials:
Liquids Solids
Any amount
Any amount
For SI: 1 gallon = 3.785 L, 1 pound = 0.454kg.
a. 20 gallons when Table 2703.1.1(1) Note k applies and hazard identification signs in
accordance with Section 2703.5 are provided for quantities of 20 gallons or less.
b. 200 pounds when Table 2703.1.1(1) Note k applies and hazard identification signs in
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accordance with Section 2703.5 are provided for quantities of 200 pounds or less.
15.04.080 Sections 105.5.25 and 105.5.53 and Sections 105.5.55 through 105.5.59
Operational permits.
Sections 105.5.25 and 105.5.53 of the California Fire Code are amended and Sections 105.5.55
through 105.59 are added to read as follows:
[. . .]
105.5.25 Hot work operations. An operational permit is required for hot work including,
but not limited to:
1. Public exhibitions and demonstrations where hot work is conducted.
2. Use of portable hot work equipment inside a structure.
Exception: (deleted)
3. Fixed-site hot work equipment, such as welding booths.
4. Hot work conducted within a wildfire risk area.
5. Application of roof coverings with the use of an open-flame device.
6. (deleted)
[. . .]
105.5.53 Lithium batteries. An operational permit is required for an accumulation of
more than 15 cubic feet (0.42 m) of lithium-ion and lithium metal batteries, where
required by Section 322.1.
[. . .]
105.5.55 Liquid gas fueled equipment. An operational permit is required for liquid gas
fueled equipment.
105.5.56 Battery operated equipment. An operational permit is required for
commercial/industrial/research battery operated equipment.
105.5.57 Underground storage tank. An operational permit is required for Underground
Storage Tanks.
105.5.58 Radioactive materials. An operational permit is required to store, use or handle
any radioactive material or source.
105.5.59 Day care permit. An operational permit is required to operate a day care facility
for more than six children or adults.
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15.04.090 Sections 105.6.3 Cryogenic fluids and 105.6.12 Hazardous materials amended
and Section 105.6.25 Construction permits added.
Sections 105.6.3 and 105.6.12 of the California Fire Code are amended, and 105.6.25 of the
California Fire Code is added to read as follows:
[. . .]
105.6.3 Cryogenic fluids. A construction permit is required for installation of or
alteration to stationary cryogenic fluid storage systems where the system capacity
exceeds the amounts listed in Table 105.5.11. Maintenance performed in accordance
with this code is not considered to be an alteration and does not require a construction
permit.
[. . .]
105.6.12 Hazardous Materials. A construction permit is required to install, repair
damage to, abandon, remove, place temporarily out of service, or close or substantially
modify a storage facility or other area regulated by Chapter 50 where the hazardous
materials in use and when equipment is modified or installed that uses, stores,
processes, or conveys hazmat.
Exceptions:
1. deleted
2. For repair work performed on an emergency basis, application for permit shall
be made within two working days of commencement work.
[. . .]
105.6.25 Underground fire service lines: installation or modification.
A construction permit is required for the installation, modification or removal from
service of underground fire service lines.
15.04.100 Sections 105.8.1 and 105.8.2 Fire and life safety.
Subsections 105.8.1 and 105.8.2 are added to the California Fire Code to read as follows:
105.8.1 Fire and life-safety plan review. Fire and life-safety plan review of all new
construction, all remodels, and all additions shall be performed by the Fire Chief or his
designee.
105.8.2 Site Map and Floor plans. The fire code official may require as a condition of final
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permit approval, a site map including the use of standard or approved Palo Alto Fire
Department symbols. Features would include interior floor plans, on-site hydrant
locations, FDC locations, key safe locations, alarm panel locations, electrical panel
locations, stairwell and elevator locations, water shut off locations, hazardous materials
locations, and other significant design elements or fire service features. The site map is to
be provided in a format compatible with the City’s Geographic Information System (GIS)
at time of construction. This requirement applies to newly constructed buildings, facilities
where hazardous materials are used or stored in quantities exceeding permit amounts in
Section 105, additions or permitted remodels when in the opinion of the fire code official
a site map is warranted.
15.04.110 Section 107.7 Certified Unified Program Agency Fees.
Section 107.7 is added to the California Fire Code to read as follows:
107.7 Certified Unified Program Agency (CUPA) Fees. Pursuant to the Participating
Agency Agreement between the County of Santa Clara and the City of Palo Alto dated July
1, 1997, or as amended, the Fire Department is authorized to collect fees associated with
the CUPA programs. The CUPA fees will be collected on an annual basis or as specified in
the Palo Alto Municipal Fee Schedule.
15.04.120 Section 108.1 Inspection authority.
Section 108.1 of the California Fire Code is amended to read as follows:
108.1 Inspection authority. The fire code official is authorized to inspect, as often as
necessary, buildings and premises, including such other hazards or appliances designated
by the fire code official for the purposes of ascertaining and causing to be corrected any
conditions which would reasonably tend to cause fire or contribute to its spread, result in
an unauthorized discharge of hazardous materials, or amount to any violation of this code
or any other law or standard affecting fire and life safety.
15.04.130 Section 112.1.1 Enforcement/citation authority.
Section 112.1.1 is added to the California Fire Code to read as follows:
112.1.1 Penal code citation 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 the California Fire Code. The designated employee positions are: Fire
Chief, Deputy Fire Chief, Fire Marshal, Fire Inspector, Hazardous Materials Specialist and
Hazardous Materials Inspector.
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15.04.140 Section 112.4 Violation penalties.
Section 112.4 of the California Fire Code is amended to read as follows:
112.4 Violation penalties. It is unlawful for any person to violate any provision or to fail
to comply with any of the requirements of this Title 15 or any permits, conditions, or
variances granted under this Title, and 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 Fire Chief or his/her designee determines that a violation of this Chapter has
occurred, the Fire Chief or his/her designee 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 Fire Chief or his/her
designee shall issue and record a release of the notice of pendency of code violation.
[. . .]
15.04.150 Definitions Section 202
Except as noted herein, Section 202 is adopted in full. The following definitions are amended or
added to Section 202 of the California Fire Code to read as follows:
3D PRINTER. A machine used in the additive manufacturing process for fabricating objects
through the deposition of a material using a print head, nozzle, or another printer
technology.
ADDITIVE MANUFACTURING. A process of joining materials to make objects from 3D
model data, usually layer upon layer, sometimes referred to as 3D printing. The Code
recognizes two types of additive manufacturing:
1. Industrial additive manufacturing. 3D printing operations that typically utilize
combustible powders or metals, an inert gas supply, a combustible dust collection system,
or that create a hazardous (classified) location area or zone outside of the equipment.
2. Non-industrial additive manufacturing. 3D printing operations that do not create a
hazardous (classified) location area outside of the equipment, and do not utilize an inert
gas supply or a combustible dust collection system.
CORROSIVE LIQUID. Corrosive liquid is:
1) any liquid which, when in contact with living tissue, will cause destruction or
irreversible alteration of such tissue by chemical action; or
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2) any liquid having a pH of 2 or less or 12.5 or more; or
3) any liquid classified as corrosive by the U.S. Department of Transportation; or
4) any material exhibiting the characteristics of corrosivity in accordance with Title
22, California Code of Regulations §66261.22.
FALSE ALARM. The willful, knowing, or negligent initiation or transmission of a signal,
message, or other notification of an event of fire when no such danger exists.
MAXIMUM THRESHOLD QUANTITY (MAX TQ). Maximum threshold quantity is the
maximum quantity of a moderately toxic or toxic gas, which may be stored in a single
vessel before a more stringent category of regulation is applied. The following equation
shall be used to calculate the Max TQ:
Max TQ (pounds) = LC50 (ppm) x 2 lb.
MODERATELY TOXIC GAS. A moderately toxic gas is a chemical or substance that has a
median lethal concentration (LC50) in air more than 2000 parts per million but not more
than 5000 parts per million by volume of gas or vapor, when administered by continuous
inhalation for an hour, or less if death occurs within one hour, to albino rats weighing
between 200 and 300 grams each.
OTHER HEALTH HAZARD MATERIAL. Other health hazard material is a hazardous material
which affects target organs of the body, including but not limited to, those materials
which produce liver damage, kidney damage, damage to the nervous system, act on the
blood to decrease hemoglobin function, deprive the body tissue of oxygen or affect
reproductive capabilities, including mutations (chromosomal damage), sensitizers or
teratogens (effect on fetuses), carcinogens, and irritants.
SECONDARY CONTAINMENT. Secondary containment is that level of containment that is
external to and separate from primary containment and is capable of safely and securely
containing the material, without discharge, for a period of time reasonably necessary to
ensure detection and remedy of the primary containment failure.
SPILL CONTROL. Spill control is that level of containment that is external to and separate
from the primary containment and is capable of safely and securely containing the
contents of the largest container and prevents the materials from spreading to other parts
of the room.
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,
“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.
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WORKSTATION. A workstation is a defined space or independent principal piece of
equipment using hazardous materials with a hazard rating of 1.
15.04.160 Section 316.7 Roof guiderails at interior courts.
Section 316.7 of the California Fire Code is added to read as follows:
316.7 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.
15.04.170 320.3.13 Safety certification.
Section 320.3.13 of the California Fire Code is added to read as follows:
320.3.13 Safety certification. The equipment, process, training procedures and
occupancy associated with industrial additive manufacturing may be required by the fire
code official to receive a safety certification from Underwriter's Laboratory or
equivalent.
15.04.180 Section 322.4.2.2.1 through 322.4.2.2.3 Maximum quantity in a control area.
Section 322.4.2.2.1 through 322.4.2.2.3 are added to the California Fire Code to read as follows:
322.4.2.2.1 Maximum quantity in a control area. The aggregate amount of lithium
batteries stored and handled in a single control area shall not exceed 9,000 pounds
(4086 kg).
322.4.2.2.2 Number of control areas. The maximum number of control areas within a
building shall be four.
322.4.2.2.3 Group H, Division 2 occupancy. Storage and handling of more than 9,000
pounds of lithium batteries per control area shall be in an approved Group H, Division 2
occupancy constructed in accordance with the Building Code and provided throughout
with approved automatic smoke detection and radiant-energy detection systems.
15.04.190 Section 401.5 Making false report.
Section 401.5 of the California Fire Code is amended to read as follows:
401.5 Making false report. A person shall not, knowingly or unknowingly, give, signal, or
transmit a false alarm. Initiation or transmission in a twelve-month period of three or
more signals, messages, or other notifications of an event of fire when no such danger
exists shall be presumed negligent.
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15.04.200 Section 503.1 Fire access roadways.
Section 503.1 of the California Fire Code is amended to read as follows:
503.1 Fire access roadways. Where required, fire apparatus access roads shall be provided
and maintained in accordance with Sections 503.1.1 through 503.1.3 and as per Fire
Department Access Road Standards.
[. . .]
15.04.210 Section 503.2.1 Dimensions.
Section 503.2.1 of the California Fire Code is amended to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not
less than 20 feet (6096 mm) exclusive of shoulders, or as required by Appendix D, except
for approved security gates in accordance with Section 503.6, and an unobstructed
vertical clearance of 13 feet 6 inches (4115 mm).
15.04.220 Section 503.2.2 Authority.
Section 503.2.2 of the California Fire Code is amended to read as follows:
503.2.2 Authority. The fire code official shall have the authority to require or permit
modifications to the required access widths and/or vertical clearance where they are
inadequate for fire or rescue operations or where necessary to meet the public safety
objectives of the jurisdiction.
15.04.230 Section 504.5 Access control devices.
Section 504.5 of the California Fire Code is amended to read as follows:
504.5 Access control devices. When access control devices including bars, grates, gates,
electric or magnetic locks or similar devices, which would inhibit rapid fire department
emergency access to within and throughout the building, are installed, such devices shall
be approved by the fire code official. All electrically powered access control devices shall
be provided with an approved means for deactivation or unlocking from a single location
or otherwise approved by the fire code official or his/her designee. Access control devices
shall also comply with Chapter 10 Egress.
15.04.240 Section 505.1.1 and 505.1.2 Premises identification.
Sections 505.1.1 and 505.1.2 of the California Fire Code are added to read as follows:
505.1.1 Address illumination. Address identification required by Section 505.1 shall be
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illuminated.
505.1.2 Address identification size. Address numbers and letters required by Section
505.1 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 (12”) high is
required.
15.04.250 Section 509.1.2 Fire protection equipment identification.
Section 509.1.2 of the California Fire Code is added to read as follows:
509.1.2 Fire Protection equipment identification. Exterior fire control valves,
standpipes, hose valves, fire department connection, post indicators, fire service
backflow preventers and other fire department appurtenances are to be painted red for
identification.
15.04.260 Sections 603.11 through 603.13.
Section 603.11 through 603.13 is added to the California Fire Code to read as follows:
603.11 Immersion heaters. All electrical immersion heaters used in dip tanks, sinks, vats
and similar operations shall be provided with approved over- temperature controls and
low liquid level electrical disconnects. Manual reset of required protection devices shall
be provided.
603.12 Electric vehicle service equipment – car chargers. Electric vehicle service
equipment shall be equipped with collision protection and an emergency power
disconnect switch as determined necessary by the Fire Code Official.
603.13 Energy storage system equipment - power walls. Energy storage systems
equipment shall be equipped with collision protection as determined necessary by the
Fire Code Official.
15.04.270 Section 605.5.2.1.1 Prohibitive locations.
Section 605.5.2.1.1 of the California Fire Code is amended to read as follows:
605.5.2.1.1 Prohibitive Locations. The storage or use of portable outdoor gas- fired
heating appliances is prohibited in any of the following locations:
1. Inside of any occupancy where connected to the fuel gas container.
2. Inside of tents, canopies and membrane structures.
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3. On exterior balconies and rooftops.
Exception: intentionally deleted
15.04.280 Section 903.2 Automatic sprinkler systems, where required.
Section 903.2 of the California Fire 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 interior plumbing
fixtures.
2. 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 3,600 square
feet or when the addition is equal or greater than 50% of the existing building
square footage whichever is more restrictive.
3. An automatic sprinkler system shall be provided throughout all new or altered
basements used for storage/utility/occupancy or habitable space regardless of
size and throughout existing basements that are expanded by more than 50%. If
the addition or alteration is only the basement, then only the basement is required
to be fire sprinkler protected.
4. An automatic sprinkler system shall be installed throughout when either the roof
structure and/or exterior wall structure have been removed, altered and/or
replaced in at least 50% of the existing structure.
5. An automatic sprinkler system shall be installed throughout when any change in use
or occupancy creates a more hazardous fire/life safety condition, as determined by
the Fire Chief.
Exception: Spaces or areas in telecommunications buildings used exclusively
for telecommunications equipment, associated electrical power distribution
equipment, batteries and standby engines, provided that those spaces or
areas are equipped throughout with an automatic smoke detection system in
accordance with Section 907.2 and are separated from the remainder of the
building by not less than 1-hour fire barriers constructed in accordance with
Section 707 or not less than 2-hour horizontal assemblies constructed in
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accordance with Section 711, or both.
[. . .]
15.04.290 903.3.1.1 NFPA 13 sprinkler systems.
Section 903.1.1.1 of the California Fire Code is amended to read as follows:
903.1.1.1 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 / 1500 square feet.
2. Where future use or tenant is determined to require a higher density, the
sprinkler system shall be augmented to meet the higher density.
3. Light hazard shall be hydraulically designed to a 1500 square foot most remote
area or as required by the fire code official.
4. Laboratory areas within buildings shall be hydraulically designed to Ordinary
Hazard II density.
5. Parking areas where mechanical vehicle storage equipment is used the fire
sprinkler system shall be hydraulically designed to Extra Hazard II density.
6. In multi-residential apartments, townhomes, and condominiums
[. . .]
15.04.300 Section 903.3.1.2 NFPA 13R sprinkler systems.
Section 903.3.1.2 of the California Fire Code is amended to read as follows:
903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R
occupancies, automatic sprinkler systems shall be installed throughout in accordance
with NFPA 13 and State and local standards.
[. . .]
15.04.310 Section 903.3.1.3 and 903.3.1.3.1 NFPA 13D sprinkler systems.
Section 903.3.1.3 of the California Fire Code is amended and 903.3.1.3.1 is added to read as
follows:
903.3.1.2 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler systems
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installed in one-and two-family dwellings shall be installed throughout in accordance with
NFPA 13D and State and local standards. Fire sprinkler protection shall be provided under
rear covered patios extending over 4 ft perpendicular from the exterior of the structure.
903.3.1.3.1 Increase in fire sprinkler design criteria. Structures determined by the fire
code official to have higher firefighting hazardous condition, or located in the Wildland-
Urban Interface Fire Area, shall have an increase in fire sprinkler design criteria as
determined by the fire code official.
15.04.320 Section 903.4.3 Floor control valves.
Section 903.4.3 of the California Fire 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.
15.04.330 Section 905.3.1 Standpipe systems.
Section 905.3.1 of the California Fire Code is amended to read as follows:
905.3.1 Standpipe systems. A Class I Standpipe System shall be installed in new buildings
or buildings being retrofitted with a fire sprinkler system where the roof edge/parapet is
greater than 27 feet above the lowest level of Fire apparatus access roadway and in below
grade levels.
15.04.340 Section 909.20.7 Smoke control systems - schedule.
Section 909.20.7 is added to the California Fire Code to read as follows:
909.20.7 Smoke control systems - schedule. A routine maintenance and operational
testing program shall be initiated immediately after the smoke control system has passed
the acceptance tests. A written schedule for routine maintenance and operational testing
shall be established and both shall occur at least annually.
15.04.350 Section 1008.3.3 Rooms and spaces.
Section 1008.3.3 of the California Fire Code is amended to read as follows:
1008.3.3 Rooms and spaces. In the event of power supply failure, an emergency
electrical system shall automatically illuminate all of the following areas:
1. Electrical equipment rooms.
2. Fire command centers.
3. Fire pump rooms.
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4. Generator rooms.
5. Public restrooms.
15.04.360 Section 1031.2 Where required.
Section 1031.2 of the California Fire Code is amended to read:
1031.2 Where required. In addition to the means of egress required by this chapter,
emergency escape and rescue openings shall be provided in Group R occupancies:
Basements and sleeping rooms below the fourth story above grade plane shall have not
fewer than one emergency escape and rescue opening in accordance with this section.
Where basements contain one or more sleeping rooms, an emergency escape and rescue
opening shall be required in each sleeping room but shall not be required in adjoining
areas of the basement. Such openings shall open directly into a public way or to a yard or
court that opens to a public way.
Exceptions:
1. In Groups R-1 and R-2 occupancies constructed of Type I, Type IIA, Type IIIA or
Type IV construction equipped throughout with an approved automatic sprinkler
system in accordance with Section 903.3.1.1.
2. Group R-2.1 occupancies meeting the requirements for delayed egress in
accordance with Section 1010.2.13 may have operable windows that are
breakable in sleeping rooms permanently restricted to a maximum of 4-inch
open position.
3. Emergency escape and rescue openings are not required from basements or
sleeping rooms that have an exit door or exit access door that opens directly into
a public way or to a yard, court or exterior egress balcony that opens to a public
way.
4. Storm shelters and basements used only to house mechanical equipment not
exceeding a total floor area of 200 square feet (18.58 m2)
15.04.370 Section 1207.1.5 Large-scale fire test.
Section 1207.1.5 of the California Fire Code is amended to read:
1207.1.5 Large-scale fire test. Where required elsewhere in Section 1207, large-scale
fire testing shall be conducted in accordance with NFPA 855, and UL 9540A. The testing
shall be conducted or witnessed and reported by an approved testing laboratory and
show that a fire involving one ESS will not propagate to an adjacent ESS, and where
installed within buildings, enclosed areas and walk-in units will be contained within the
room, enclosed area or walk-in unit for a duration equal to the fire-resistance rating of
the room separation specified in Section 1207.7.4. The test report shall be provided to
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the fire code official for review and approval in accordance with Section 104.8.2.
15.04.380 Section 1207.11.3 Location.
Section 1207.11.3 of the California Fire Code is amended to read:
1207.11.3 Location. ESS shall be installed only in the following locations:
1. Detached garages and detached accessory structures.
2. Attached garages separated from the dwelling unit living space and sleeping units
in accordance with Section R302.6.
3. Outdoors installations or on the exterior side of the exterior walls shall not be
located not less than 3 feet (914 mm) from doors and windows directly entering the
dwelling unit and shall not be located below or above any emergency escape and
rescue openings.
4. Enclosed utility closets, basements, storage or utility spaces within dwelling units
with finished or noncombustible walls and ceilings. Walls and ceilings of unfinished
wood-framed construction shall be provided with not less than 5/8-inch (15.9 mm)
Type X gypsum wallboard.
5. ESS shall not be installed in sleeping rooms, closets, spaces opening directly into
sleeping rooms or in habitable spaces of dwelling units.
15.04.390 Section 3305.9 Fire walls.
Section 3305.9 is added to the California Fire Code to read as follows:
3305.9 Fire walls. When firewalls are required, the wall construction shall be completed
(with all openings protected) immediately after the building is sufficiently weather-
protected at the location of the wall(s).
15.04.400 Section 3312.1 and 3312.1.1.
Section 3312.1 of the California Fire Code is amended to read as follows:
3312.1 Stairways required. Each level above the first story in new multi-story buildings
shall be provided with at least two usable exit stairways after the floor decking is installed.
The stairways shall be continuous and shall discharge to grade level. Stairways serving
more than two floor levels shall be enclosed (with openings adequately protected) after
exterior walls/windows are in place. Exit stairs in new and in existing, occupied buildings
shall be lighted and maintained clear of debris and construction materials at all times.
Exception: For new multi-story buildings, one of the required exit stairs may be
obstructed on not more than two contiguous floor levels for the purposes of stairway
construction (i.e., installation of gypsum board, painting, flooring, etc.).
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3312.1.1 Required means of egress. All new buildings under construction shall have a
least one unobstructed means of egress. All means of egress shall be identified in the Fire
Protection Plan.
15.04.410 Section 4902.1 Definition of wildland-urban interface fire area.
The definition of “wildland-urban interface fire area” in Section 4902.1 is amended to read as
follows:
WILDLAND-URBAN INTERFACE FIRE AREA (WUI) A geographical area identified by the
State of California as a “Fire Hazard Severity Zone” in accordance with Public Resources
Code Sections 4201 through 4204 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 Interface Fire 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.
15.04.420 Sections 4903.2 and 4903.3 through 4903.4 General requirements for wildland-
urban interface fire areas.
Sections 4903.2 amended and 4903.3 through 4903.4 are added to the California Fire Code to
read as follows:
4903.2 Contents. The fire protection plan shall be based on a project-specific wildfire
hazard assessment that includes considerations of location, topography, aspect, and
climatic and fire history. The plans shall identify conformance with all applicable state
wildfire protection regulations, statutes and applicable local ordinances, whichever are
more restrictive. The plan shall address fire department access, egress, road and address
signage, water supply, building ignition and fire-resistance factors, fire protection systems
and equipment, defensible space and vegetation management in addition to fuel
reduction in accordance with Public Resources Code (PRC) 4290; the defensible space
requirements in accordance with PRC 4291 or Government Code 51182; and the
applicable building codes and standards for wildfire safety. The plan shall identify
mitigation measures to address the project’s specific wildfire risk and shall include the
information required in Section 4903.2.1.
4903.3 Cost. The cost of fire protection plan preparation and review shall be the
responsibility of the applicant.
4903.4 Plan retention. The fire protection plan shall be retained by the fire code official.
15.04.430 Sections 4907.1 and 4907.4 Defensible space.
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Section 4907.1 is amended and Section 4907.4 is added to the California Fire Code to read as
follows:
4907.1 General. Hazardous vegetation and fuels shall be managed to reduce the severity
of potential exterior wildfire exposure to buildings and to reduce the risk of fire spreading
to buildings as required by applicable laws and regulations. Defensible space will be
managed around all buildings and structures in State Responsibility Areas (SRA) as
required in Public Resources Code 4291. Persons owning, leasing, controlling, operating
or maintaining buildings or structures in, upon or adjoining the Wildland-Urban Interface
Fire Area and persons owning, leasing or controlling land adjacent to such buildings or
structures, shall at all times:
1. Maintain an effective defensible space by removing and clearing away flammable
vegetation and combustible growth from areas within 30 feet (9144 mm) of such
buildings or structures.
Exception: Single specimens of trees, ornamental shrubbery or similar
plants used as ground covers, provided that they do not form a means of
rapidly transmitting fire from the native growth to any structure.
2. Maintain additional effective defensible space by removing brush, flammable
vegetation and combustible growth located 30 feet to 100 feet (9144 mm to
30480 mm) from such buildings or structures, when required by the fire code
official due to steepness of terrain or other conditions that would cause a
defensible space of only 30 feet (9144 mm) to be insufficient.
Exception: Grass and other vegetation located more than 30 feet (9144 mm)
from buildings or structures and less than 18 inches (457 mm) in height
above the ground need not be removed where necessary to stabilize the soil
and prevent erosion.
3. Remove portions of trees, which extend within 10 feet (3048 mm) of the outlet
of a chimney.
4. Maintain trees adjacent to or overhanging a building free of deadwood.
5. Maintain the roof of a structure free of leaves, needles or other dead vegetative
growth.
6. Remove flammable vegetation a minimum of 10 feet around liquefied petroleum
gas tanks/containers.
7. Firewood and combustible materials shall not be stored in unenclosed spaces
beneath buildings or structures, or on decks or under eaves, canopies or other
projections or overhangs. The storage of firewood and combustible material
within the defensible space shall be located a minimum of 30 feet (6096 mm) from
structures and separated from the crown of trees by a minimum horizontal
distance of 15 feet (4572 mm).
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Exception: Firewood and combustible materials not for consumption on
the premises shall be stored as approved by the fire code official.
8. Clear areas within 10 feet (3048 mm) of fire apparatus access roads and driveways
to of non-fire-resistive vegetation growth.
Exception: Grass and other vegetation located more than 30 feet (9144
mm) from buildings or structures and less than 18 inches (457 mm) in height
above the ground need not be removed where necessary to stabilize the
soil and prevent erosion.
[. . .]
4907.4 Corrective Actions. The executive body is authorized to instruct the fire code
official to give notice to the owner of the property upon which conditions regulated by
Section 4907.1 exist to correct such conditions. If the owner fails to correct such
conditions, the executive body is authorized to cause the same to be done and make the
expense of such correction a lien upon the property where such condition exists.
15.04.440 Section 5001.2.2.2 Health Hazards.
Section 5001.2.2.2 of the California Fire Code is amended to read as follows:
5001.2.2.2 Health Hazards. The material categories listed in this section are classified as
health hazards. A material with a primary classification as a health hazard can also pose a
physical hazard.
1. Highly toxic, toxic and moderately toxic.
2. Corrosive materials.
3. Moderately toxic gas.
4. Other health hazards.
15.04.450 Section 5001.7 Hazard materials management plan electronic submissions.
Section 5001.7 is added to the California Fire Code to read as follows:
5001.7 HMMP Electronic submissions Each applicant for a permit, a renewed permit, or
an amended permit pursuant to this title shall file an electronic submission of all
hazardous materials through California Environmental Reporting System (CERS) for the
fire chief's approval, to be known as a hazardous materials management plan (HMMP),
which shall demonstrate the suitable storage of hazardous materials. The HMMP may be
amended at any time with the consent of the fire chief. The HMMP shall be a public record
except as otherwise specified. Section 18.23.100 in Title 18 identifies notification
requirements of the availability of the HMMP. Approval of the HMMP shall mean that the
HMMP has provided adequate information for the purposes of evaluating the permit
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approval. Such approval shall not be understood to mean that the city has made an
independent determination of the adequacy of that which is described in the HMMP
electronic submission.
15.04.460 Section 5003.1.3.1 Toxic, highly toxic, moderately toxic gases and similarly used
or handled materials.
Section 5003.1.3.1 is added to the California Fire Code to read as follows:
5003.1.3.1 Toxic, highly toxic, moderately toxic gases and similarly used or handled
materials. The storage, use, and handling of toxic, highly toxic and moderately toxic gases
in amounts exceeding Table 60004.2 or 60004.3 shall be in accordance with this Chapter
and Chapter 60. Any toxic, highly toxic or moderately toxic material that is used or
handled as a gas or vapor shall be in accordance with the requirements for toxic, highly
toxic or moderately toxic gases.
15.04.470 Section 5003.1.5 Other health hazards including carcinogens, irritants and
sensitizers.
Section 5003.1.5 is added to the California Fire Code to read as follows:
5003.1.5 Other health hazards including carcinogens, irritants and sensitizers. The
storage, use, and handling of materials classified as other health hazards including
carcinogens, irritants and sensitizers in amounts exceeding 810 cubic feet for gases, 55
gallons for liquids and 5,000 pounds for solids shall be in accordance with this Section
5003.
15.04.480 Section 5003.1.6 Additional secondary containment requirements.
Section 5003.1.6 is added to the California Fire Code to read as follows:
5003.1.6 Additional secondary containment requirements. In addition to the
requirements set forth in Section 5004.2, an approved containment system is required
for any quantity of hazardous materials that are liquids or solids at normal temperature
and pressure (NTP), where a spill is determined to be a plausible event and where such
an event would endanger people, property or the environment. The approved
containment system may be required to include a combination of spill control and
secondary containment meeting the design and construction requirements set forth in
section 5004.2.
15.04.490 Section 5003.2.2.1 Design and construction.
Section 5003.2.2.1 of the California Fire Code is amended to read as follows:
5003.2.2.1 Design and construction. Piping, tubing, valves, fittings and related
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components used for hazardous materials shall be in accordance with the following:
1. Piping, tubing, valves, fittings and related components shall be designed and
fabricated from materials compatible with the material to be contained and shall
be of adequate strength and durability to withstand the pressure, structural and
seismic stress, and exposure to which they are subject.
2. Piping and tubing shall be identified in accordance with ASME A13.1 and the Santa
Clara County Fire Chiefs Marking Requirements and Guidelines for Hazardous
Materials and Hazardous Waste to indicate the material conveyed.
3. Manual valves or automatic remotely activated fail-safe emergency shutoff valves
shall be installed on supply piping and tubing and provided with ready access at
the following locations at the following locations:
a. The point of use.
b. The tank, cylinder or bulk use.
4. Manual emergency shutoff valves and controls for remotely activated
emergency shutoff valves shall be clearly visible, provided with ready access and
identified in an approved manner.
5. Backflow prevention or check valves shall be provided when the backflow of
hazardous materials could create a hazardous condition or cause the
unauthorized discharge of hazardous materials.
6. Where gases or liquids having a hazard ranking of: Health hazard Class 3 or 4,
Flammability Class 3 or 4, or Reactivity Class 4 in accordance with NFPA 704 are
carried in pressurized piping above 15 pounds per square inch gauge (psig)(103
Kpa), an approved means of leak detection, emergency shutoff and excess flow
control shall be provided. Where the piping originates from within a hazardous
material storage room or area, the excess flow control shall be located within the
storage room or area. Where the piping originates from a bulk source, the excess
flow control shall be located as close to the bulk source as practical.
Exceptions:
a. Piping for inlet connections designed to prevent backflow.
b. Piping for pressure relief devices.
7. Secondary containment or equivalent protection from spills or leaks shall be
provided for piping for liquid hazardous materials and for highly toxic and toxic
corrosive gases above threshold quantities listed in Tables 6004.2 and 6004.3.
Secondary containment includes, but is not limited to, double- walled piping.
Exceptions:
a. Secondary containment is not required for toxic corrosive gases if the piping is
constructed of inert materials.
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b. Piping under sub-atmospheric conditions if the piping is equipped with an
alarm and fail-safe-to-close valve activated by a loss of vacuum.
8. Expansion chambers shall be provided between valves whenever the regulated gas
may be subjected to thermal expansion. Chambers shall be sized to provide
protection for piping and instrumentation and to accommodate the expansion of
regulated materials.
15.04.500 Section 5003.2.2.2 Additional regulations for supply piping for health hazard
materials.
Section 5003.2.2.2 of the California Fire Code is amended to read as follows:
5003.2.2.2 Additional regulations for supply piping for health hazard materials. Supply
piping and tubing for gases and liquids having a health hazard ranking of 3 or 4 in
accordance with ASME B31.3 and the following:
1. Piping and tubing utilized for the transmission of toxic, highly toxic, or highly volatile
corrosive liquids and gases shall have welded or brazed connections throughout
except for connections within an exhausted enclosure if the material is a gas, or an
approved method of drainage or containment is provided for connections if the
material is a liquid.
2. Piping and tubing shall not be located within corridors, within any portion of a means
of egress required to be enclosed in fire-resistance-rated construction or in concealed
spaces in areas not classified as Group H Occupancies.
Exception: Piping and tubing within the space defined by the walls of corridors and
the floor or roof above or in concealed space above other occupancies when installed
in accordance with Section 415.11.7.4 of the California Building Code as required for
Group H5 occupancies.
3. All primary piping for toxic, highly toxic and moderately toxic gases shall pass a helium
leak test of 1x10-9 cubic centimeters/second where practical, or shall pass testing in
accordance with an approved, nationally recognized standard. Tests shall be
conducted by a qualified “third party” not involved with the construction of the piping
and control systems.
15.04.510 Section 5003.3.1 Unauthorized discharges.
Section 5003.3.1 of the California Fire Code is amended to read as follows:
5003.3.1 Unauthorized discharges. In the event hazardous materials are released in
quantities reportable under state, federal or local regulations or when there is a
threatened release that presents a threat to health, property or the environment, the fire
code official shall be notified immediately in an approved manner and the following
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procedures required in accordance with Sections 5003.3.1.1 through 5003.3.1.4.
15.04.520 Section 5003.5.2 Ventilation ducting.
Section 5003.5.2 is added to the California Fire Code to read as follows:
5003.5.2 Ventilation ducting. Ducts venting hazardous materials operations shall be
labeled with the hazard class of the material being vented and the direction of flow.
15.04.530 Section 5003.5.3 “H” Occupancies.
Section 5003.5.4 is added to the California Fire Code to read as follows:
5003.5.3 “H” Occupancies. In “H” occupancies, all piping and tubing may be required to
be identified when there is any possibility of confusion with hazardous materials transport
tubing or piping. Flow direction indicators are required.
15.04.540 Section 5003.9.11 Fire extinguishing systems for workstations dispensing,
handling or using hazardous materials.
Section 5003.9.11 is added to the California Fire Code to read as follows:
5003.9.11 Fire extinguishing systems for workstations dispensing, handling or using
hazardous materials. Combustible and non-combustible workstations which dispense,
handle or use hazardous materials shall be protected by an approved automatic fire
extinguishing system.
Exception: Internal fire protection is not required for Biological Safety Cabinets that carry
NSF/ANSI certification where quantities of flammable liquids in use or storage within the
cabinet do not exceed 500 ml.
15.04.550 Section 5003.10.4 Elevators utilized to transport hazardous materials.
Section 5003.10.4 of the California Fire Code is amended to read as follows:
5003.10.4 Elevators utilized to transport hazardous materials.
5003.10.4.1 When transporting hazardous materials, elevators shall have no other
passengers other than in the individual(s) handling the chemical transport cart.
5003.10.4.1.1 When transporting cryogenic or liquefied compressed gases, there shall
be no occupants in the elevator.
5003.10.4.2 Hazardous materials liquid containers shall have a maximum capacity of 20
liters (5.28 gal).
5003.10.4.3 Highly toxic, toxic, and moderately toxic gases shall be limited to a container
of a maximum water capacity of 1 lb.
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5003.10.4.4 When transporting cryogenic or liquefied compressed gases means shall be
provided to prevent the elevator from being summoned to other floors.
15.04.560 Section 5004.2.1 Spill control for hazardous material liquids.
Section 5004.2.1 of the California Fire Code is amended to read as follows:
5004.2.1 Spill control for hazardous material liquids. Rooms, buildings or areas used for
storage of hazardous material liquids shall be provided with spill control to prevent the
flow of liquids to adjoining areas. Floors in indoor locations and similar surfaces in outdoor
locations shall be constructed to contain a spill from the largest single vessel by one of the
following methods:
1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor
locations.
2. Liquid-tight floors in indoor and outdoor locations or similar areas provided with
liquid-tight raised or recessed sills or dikes.
3. Sumps and collection systems, including containment pallets in accordance with
Section 5004.2.3.
4. Other approved engineered systems.
Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be
constructed of noncombustible material, and the liquid-tight seal shall be compatible
with the material stored. When liquid-tight sills or dikes are provided, they are not
required at perimeter openings having an open-grate trench across the opening that
connects to an approved collection system.
15.04.570 Sections 5004.2.2 and 5004.2.2.2 and Table 5004.2.2 Secondary containment
for hazardous material liquids and solids.
Table 5004.2.2 is deleted in its entirety.
Sections 5004.2.2 and 5004.2.2.2 of the California Fire Code are amended to read as follows:
5004.2.2 Secondary containment for hazardous material liquids and solids. Buildings,
rooms or areas used for the storage of hazardous materials liquids or solids shall be
provided with secondary containment in accordance with this section.
[. . .]
5004.2.2.2 Incompatible Materials. Incompatible materials shall be separated from each
other in independent secondary containment systems.
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15.04.580 Section 5004.2.3 Containment pallets.
Section 5004.2.3 of the California Fire Code is amended to read as follows:
5004.2.3 Containment pallets. Combustible containment pallets shall not be used inside
buildings to comply with Section 5004.2 where the individual container capacity exceeds
55 gallons (208 L) or an aggregate capacity of multiple containers exceeds 1,000 gallons
(3785 L) for liquids or where the individual container capacity exceeds 550 pounds (250
kg) or an aggregate of multiple containers exceeds 10,000 pounds (4540 kg) for solids.
Where used as an alternative to spill control and secondary containment for outdoor
storage in accordance with the exception in Section 5004.2, containment pallets shall
comply with all of the following:
1. A liquid-tight sump accessible for visual inspection shall be provided;
2. The sump shall be designed to contain not less than 66 gallons (250L);
3. Exposed surfaces shall be compatible with material stored;
Containment pallets shall be protected to prevent collection of rainwater within the sump
of the containment pallet.
15.04.590 Section 5704.2.7.5.8 Overfill prevention.
Section 5704.2.7.5.8 of the California Fire Code is amended to read as follows:
5704.2.7.5.8 Overfill prevention. An approved means or method in accordance with
Section 5704.2.9.7.5 shall be provided to prevent overfill of all Class I, II and IIIA liquid
storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by Sections
5706.4 or 5706.7 shall have overfill protection in accordance with API 2350.
An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided
to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning
equipment inside buildings.
Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or less
shall comply with Section 5704.2.9.7.5.1 (1.1)
15.04.600 Section 5704.2.7.5.9 Automatic filling of tanks.
Section 5704.2.7.5.9 is added to the California Fire Code to read as follows:
5704.2.7.5.9 Automatic filling of tanks. Systems that automatically fill flammable or
combustible liquid tanks shall be equipped with an approved overfill protection system
that sends an alarm signal to a constantly attended location and immediately stops the
filling of the tank. The alarm signal and automatic shutoff shall be tested on an annual
basis and records of such testing shall be maintained on-site for a period of five (5) years.
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15.04.610 Section 5707.3.3 Site plan.
Section 5707.3.3 of the California Fire Code is amended to read as follows:
5707.3.3 Site plan. A site plan shall be developed for each location at which mobile fueling
occurs. The site plan shall be in sufficient detail to indicate the following:
1. All buildings and structures.
2. Lot lines or property lines.
3. Electric car chargers.
4. Solar photovoltaic parking lot canopies.
5. Appurtenances on site and their use and function
6. All uses adjacent to the lot lines of the site.
7. Fueling locations.
8. Locations of all storm drain openings and adjacent waterways or wetlands.
9. Information regarding slope, natural drainage, curbing, impounding.
10. How a spill will be kept on the site property.
11. Scale of the site plan.
15.04.620 Section 6001.1 Site scope.
Section 6001.1 of the California Fire Code is amended to read as follows:
6001.1 Site scope. The storage and use of highly toxic, toxic and moderately toxic materials
shall comply with this chapter. Compressed gases shall also comply with Chapter 53.
Exceptions:
1. Display and storage in Group M and storage in Group S occupancies complying
with Section 5003.1 1.
2. Conditions involving pesticides or agricultural products as follows:
2.1. Application and release of pesticide, agricultural products and materials
intended for use in weed abatement, erosion control, soil amendment or similar
applications when applied in accordance with the manufacturer’s instruction and
label directions.
2.2. Transportation of pesticides in compliance with the Federal Hazardous
Materials Transportation Act and regulations thereunder.
2.3. Storage in dwellings or private garages of pesticides registered by the
U.S. Environmental Protection Agency to be utilized in and around the home,
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garden, pool, spa and patio.
15.04.630 Section 6002.1 Definitions.
The following definition is added to section 6002.1 of the California Fire Code as defined in
Chapter 2 of the California Fire Code and local amendments:
MODERATELY TOXIC GAS. A moderately toxic gas is a chemical or substance that has a
median lethal concentration (LC50) in air more than 2000 parts per million but not more
than 5000 parts per million by volume of gas or vapor, when administered by continuous
inhalation for an hour, or less if death occurs within one hour, to albino rats weighing
between 200 and 300 grams each.
15.04.640 Section 6004.1 Highly toxic and toxic compressed gases.
Section 6004.1 of the California Fire Code is amended to read as follows:
6004.1.1 The storage and use of highly toxic, toxic, and moderately toxic compressed
gases shall comply with this section.
6004.1.1 Special limitations for indoor storage and use by occupancy. The indoor
storage and use of highly toxic, toxic, and moderately toxic compressed gases in certain
occupancies shall be subject to the limitations contained in Sections 6004.1.1.1 through
6004.1.1 .3.
6004.1.1.1 Group A, E, I or U occupancies. Moderately toxic, toxic and highly toxic
compressed gases shall not be stored or used within Group A, E, I or U occupancies.
Exception: Cylinders not exceeding 20 cubic feet (0.566 m3) at normal temperature and
pressure (NTP) are allowed within gas cabinets or fume hoods.
6004.1.1.2 Group R occupancies. Moderately toxic, toxic, and highly toxic compressed
gases shall not be stored or used in Group R occupancies.
6004.1.1.3 Offices, retail sales and classrooms. Moderately toxic, toxic and highly toxic
compressed gases shall not be stored or used in offices, retail sales or classroom
portions of Group B, F, M or S occupancies.
Exception: In classrooms of Group B occupancies, cylinders with a capacity not
exceeding 20 cubic feet (0.566 m3) at NTP are allowed in gas cabinets or fume hoods.
15.04.650 Sections 6004.2 and 6004.2.1 Indoor storage and use.
Sections 6004.2 and 6004.2.1 of the California Fire Code are amended to read as follows:
6004.2 Indoor storage and use. The indoor storage and use of highly toxic, toxic, and
moderately toxic compressed gases shall be in accordance with Sections 6004.2.1
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through 6004.2.2.10.3.
6004.2.1 Applicability. The applicability of regulations governing the indoor storage and
use of highly toxic, toxic, and moderately toxic compressed gases shall be as set forth in
Sections 6004.2.1.1 through 6004.2.1.4.
15.04.660 Section 6004.2.1.4 and Table 6004.2.1.4 Quantities.
Section 6004.2.1.4 and Table 6004.2.1.4 of the California Fire Code are added to read as
follows:
6004.2.1.4 Quantities. The indoor storage or use of highly toxic, toxic, and moderately
toxic gases in amounts exceeding the minimum threshold quantities per control area set
forth in Table 6004.2.1.4 but not exceeding maximum allowable quantity per control
area set forth in Table 5003.1.1(2) shall be in accordance with Sections 5001, 5003,
6001, 6004.1, and 6004.4.
Table 6004.2.1.4
Minimum Threshold Quantities for Highly Toxic, Toxic and Moderately
Toxic Gases for Indoor Storage and Use
Highly Toxic 20 cubic feet
Toxic 405 cubic feet
Moderately Toxic 405 cubic feet
15.04.670 Section 6004.4 through 6004.4.8.2 General indoor requirements.
Section 6004.4 through 6004.4.8.2 of the California Fire Code is added to read as follows:
6004.4. General indoor requirements. The general requirements applicable to the
indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases
shall be in accordance with Sections 6004.4 through 6004.4.8.2
6004.4.1 Cylinder and tank location. Cylinders shall be located within gas cabinets,
exhausted enclosures or gas rooms. Portable and stationary tanks shall be located
within gas rooms or exhausted enclosures.
Exception:
1. Where a gas detection system is provided in accordance with 6004.4.8
6004.4.2. Ventilated areas. The room or area in which gas cabinets or exhausted
enclosures are located shall be provided with exhaust ventilation. Gas cabinets or
exhausted enclosures shall not be used as the sole means of exhaust for any room or
area.
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6004.4.3. Piping and controls. In addition to the requirements of Section 5003.2.2,
piping and controls on stationary tanks, portable tanks, and cylinders shall comply with
the following requirements:
1. Stationary tanks, portable tanks, and cylinders in use shall be provided with a means
of excess flow control on all tank and cylinder inlet or outlet connections.
Exceptions:
1. Inlet connections designed to prevent backflow.
2. Pressure relief devices.
6004.4.4 Gas rooms. Gas rooms shall comply with Section 5003.8.4 and both of the
following requirements:
1. The exhaust ventilation from gas rooms shall be directed to an exhaust system.
2. Gas rooms shall be equipped with an approved automatic sprinkler system.
Alternative fire-extinguishing systems shall not be used.
6004.4.5 Treatment systems. The exhaust ventilation from gas cabinets, exhausted
enclosures and gas rooms, required in Section 6004.4.1 shall be directed to a treatment
system. The treatment system shall be utilized to handle the accidental release of gas
and to process exhaust ventilation. The treatment system shall be designed in
accordance with Sections 6004.2.2.7.1 through 6004.2.2.7.5 and Chapter 5 of the
California Mechanical Code.
Exceptions:
1. Highly toxic, toxic, and moderately toxic gases—storage. A treatment system is not
required for cylinders, containers and tanks in storage where all of the following
controls are provided:
a. Valve outlets are equipped with gas-tight outlet plugs or caps.
b. Hand wheel-operated valves have handles secured to prevent movement.
c. Approved containment vessels or containment systems are provided in accordance
with Section 6004.2.2.3.
2. Highly toxic, toxic, and moderately toxic gases —use. Treatment systems are not
required for highly toxic, toxic, and moderately toxic gases supplied by stationary tanks,
portable tanks, or cylinders where a gas detection system complying with Section
6004.4.8 and listed or approved automatic-closing fail-safe valves are provided. The gas
detection system shall have a sensing interval not exceeding 5 minutes. Automatic-
closing fail-safe valves shall be located immediately adjacent to cylinder valves and shall
close when gas is detected at the permissible exposure limit (PEL) by a gas sensor
monitoring the exhaust system at the point of discharge from the gas cabinet,
exhausted enclosure, ventilated enclosure or gas room.
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6004.4.5.1. Design. Treatment systems shall be capable of diluting, adsorbing,
absorbing, containing, neutralizing, burning or otherwise processing the contents of the
largest single vessel of compressed gas. Where a total containment system is used, the
system shall be designed to handle the maximum anticipated pressure of release to the
system when it reaches equilibrium.
6004.4.5.2. Performance. Treatment systems shall be designed to reduce the maximum
allowable discharge concentrations of the gas to one-half immediate by dangerous to
life and health (IDLH) at the point of discharge to the atmosphere. Where more than
one gas is emitted to the treatment system, the treatment system shall be designed to
handle the worst-case release based on the release rate, the quantity and the IDLH for
all compressed gases stored or used.
6004.4.5.3. Sizing. Treatment systems shall be sized to process the maximum worst-
case release of gas based on the maximum flow rate of release from the largest vessel
utilized. The entire contents of the largest compressed gas vessel shall be considered.
6004.4.5.4 Stationary tanks. Stationary tanks shall be labeled with the maximum rate
of release for the compressed gas contained based on valves or fittings that are inserted
directly into the tank. Where multiple valves or fittings are provided, the maximum flow
rate of release for valves or fittings with the highest flow rate shall be indicated. Where
liquefied compressed gases are in contact with valves or fittings, the liquid flow rate
shall be utilized for computation purposes. Flow rates indicated on the label shall be
converted to cubic feet per minute (cfm/min) (m3/s) of gas at normal temperature and
pressure (NTP).
6004.4.5.5 Portable tanks and cylinders. The maximum flow rate of release for portable
tanks and cylinders shall be calculated based on the total release from the cylinder or
tank within the time specified in Table 6004.2.2.7.5. Where portable tanks or cylinders
are equipped with approved excess flow or reduced flow valves, the worst- case release
shall be determined by the maximum achievable flow from the valve as determined by
the valve manufacturer or compressed gas supplier. Reduced flow and excess flow
valves shall be permanently marked by the valve manufacturer to indicate the maximum
design flow rate. Such markings shall indicate the flow rate for air under normal
temperature and pressure.
6004.4.6. Emergency power. Emergency power shall be provided for the following
systems in accordance with Section 604:
1. Exhaust ventilation system.
2. Treatment system.
3. Gas detection system.
4. Smoke detection system.
6004.4.6.1. Fail-safe systems. Emergency power shall not be required for mechanical
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exhaust ventilation and treatment systems where approved fail-safe systems are
installed and designed to stop gas flow.
6004.4.7. Automatic fire detection system. An approved automatic fire detection
system shall be installed in rooms or areas where highly toxic, toxic, and moderately
toxic compressed gases are stored or used. Activation of the detection system shall
sound a local alarm. The fire detection system shall comply with Section 907.
6004.4.8. Gas detection system. A gas detection system complying with Section 916 shall
be provided to detect the presence of gas at or below the PEL or ceiling limit of the gas
for which detection is provided.
Exceptions:
1. A gas detection system is not required for toxic and moderately toxic gases when
the physiological warning threshold level for the gas is at a level below the accepted PEL
for the gas.
A gas detection system is not required for highly toxic, toxic, and moderately toxic gases
where cylinders, portable tanks, and all non-continuously welded connects are within a
gas cabinet or exhausted enclosures.
6004.4.8.1. Alarms. The gas detection system shall initiate a local alarm and transmit a
signal to an approved location.
6004.4.8.2. Shut off of gas supply. The gas detection system shall automatically close the
shut off valve at the source on gas supply piping and tubing related to the system being
monitored for whichever gas is detected.
Exception: Automatic shutdown is not required for highly toxic, toxic, and moderately
toxic compressed gas systems where all of the following controls are provided:
1. Constantly attended / supervised.
2. Provided with emergency shutoff valves that have ready access.
SECTION 2. The Council adopts the findings for local amendments to the California Fire Code,
2022 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 California 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 become effective on the commencement of the thirty-first day
after the day of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services
____________________________
Fire Chief
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EXHIBIT A
Findings for Local Amendments to the 2022 California Fire Code
The following local amendments to the 2022 California Fire Code make modifications as
authorized by the California Health and Safety Code. In accordance with Section 18941.5 of said
Code, Findings are hereby made to show that such modifications or changes are reasonably
necessary because of local climatic, geological or topographical conditions.
I. PREAMBLE
I. Findings of fact
A. Pursuant to Section 17958.5 of the California Health and Safety Code, the report contained
herein is submitted as the “Findings of Fact” document with regard to the adoption of the
California Fire Code, 2022 Edition, and amendments. Under this adopting ordinance, specific
amendments have been established which are more restrictive in nature than those adopted by
the State of California (State Building Code Standards, State Housing and Community
Development Codes) commonly referred to as California Code of Regulations, Titles 19, 24 and
25.
B. These amendments to the California Fire Code, 2022 Edition, have been recognized by the
City of Palo Alto (“City”) as tools for addressing the fire problems, concerns and future direction
by which the authority can establish and maintain an environment which will afford a level of fire
and life safety to all who live and work within the City’s boundaries.
C. Under the provisions of Section 17958.5 of the Health and Safety Code, local amendments
shall be based upon the following: climatic, geological/geographical, and topographical
conditions. The findings of fact contained herein shall address each of these situations and shall
present the local situation which, either singularly or in combination, caused the established
amendments to be adopted.
1. Climactic Conditions:
The City, on an average, experiences an annual rainfall of 16" - 18". This rainfall can be expected
between October and April of each year. However, during the summer months there is little, if
any, measurable precipitation. During this dry period the temperatures are usually between 70-
90 degrees with light to gusty westerly winds. These drying winds, combined with the natural
vegetation which is dominant throughout the area, create a hazardous fuel condition which can
cause, and has caused in the past, extensive grass and brush land fires. With more and more
development encroaching into these wooded and grass covered areas, wind-driven fires could
have severe consequences, as has been demonstrated on several occasions in Palo Alto and other
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areas of the state. Fires in structures can easily spread to the wildland as well as a fire in the
wildland into a structure.
Because of the weather patterns, a normal rainfall cannot always be relied upon. This can result
in water rationing and water allocation systems, as demonstrated by the drought years of 1986-
1991. Water shortages can also be expected in the future due to the current water storage
capacities and increased consumption. The water supply for the Palo Alto fire department makes
use of automatic fire sprinkler systems feasible as a means to reduce our dependency on large
volumes of water for fire suppression.
2. Geological & Geographical Conditions:
Geographical Location. Palo Alto is located at the northern most part of Santa Clara County. Palo
Alto is a major focus of the “Silicon Valley,” the center for an expanding and changing electronics
industry, as well as pharmaceutical, biomedical, and genetic research.
Seismic Location. Palo Alto is situated on alluvial solids between San Francisco Bay and the San
Andreas Fault zone. The City’s location makes it particularly vulnerable to damage to taller and
older structures caused by seismic events. The relatively young geological processes that have
created the San Francisco Bay Area are still active today. Seismically, the city sits between two
active earthquake faults (San Andreas and the Hayward/Calaveras), and numerous potentially
active faults. Approximately 55% of the City’s land surface is in the high-to-moderate seismic
hazard zones.
Seismic and Fire Hazards. Fire following an earthquake has the potential of causing greater loss
of life and damage than the earthquake itself.
The majority of the City’s high-rise structures are located in seismic risk zones. Should a significant
seismic event occur, Public Safety resources would have to be prioritized to mitigate the greatest
threat, and may not be available for every structural fire. In such event, individual structures,
including high-rise buildings, should be equipped to help in mitigating the risk of damage.
Other variables may tend to intensify the situation:
a. The extent of damage to the water system;
b. The extent of isolation due to bridge and/or freeway overpass collapse;
c. The extent of roadway damage and/or amount of debris blocking the roadways;
d. Climatical conditions (hot, dry weather with high winds);
e. Time of day will influence the amount of traffic on roadways and could intensify the risk
to life during normal business hours;
f. The availability of timely mutual aid or military assistance;
g. Many high-rise structures are located near areas of high fire danger necessitating special
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precautions.
Transportation. Palo Alto is dissected by a major state highway (El Camino Real) and two major
freeways (I-280 and U.S. 101), which potentially could negatively affect response times of fire
suppression equipment.
Soil Conditions. Palo Alto lies at the southern end of San Francisco Bay and is built atop the alluvial
deposits that surround the margins of the Bay. The alluvium was created by the flooding of many
streams emptying into the San Francisco Bay depression, and from intermittent sea water
inundation that has occurred over the last 2 or 3 million years. The areas closest to the Bay are
overlain by unconsolidated fine silty clay, known as Bay Mud which varies in thickness from a few
feet to as much as 30 feet. Generally, the older more stable alluvium is to the south and the
younger less stable material is to the north. Bedrock lies beneath the area at depths of generally
300' or more.
3. Topographical Conditions:
The findings of fact for the topographical element, as would be expected, are closely associated
with the geological/geographical element. With the elevation changes within the district,
development is of course following the path of least resistance, creating a meandering pattern.
This then does not lend itself to a good systematic street and road layout, which would promote
easy traffic flow. It has, in fact, resulted in few major crosstown thoroughfares which tend to be
heavily congested, primarily during commute hours and seasonal periods of the year. This creates
barriers which reduce the response time of fire equipment and other emergency services. The
topography of the district is being burdened by major structures. Employment areas are
throughout the district. The people who work in these complexes have added to the traffic
congestion throughout the city, thereby reducing the fire department’s response time
capabilities.
Inherent delays caused by the traffic patterns to many of these types of projects, make it
necessary to mitigate this problem by requiring additional built-in automatic fire protection
systems to provide early detection and initial control until the arrival of the fire department.
The topography of the district in much of the commercial and residential zones lies within or near
a flood plane. Periodically, heavy rains and high tides cause region-wide flooding which not only
delays response but also increases demands on fire personnel. The fire code amendments
increase safeguards and initialize early response to help compensate for these physical delays.
As a result of the findings of facts which identify the various climatic, geological/geographical and
topographical elements, those additional requirements as specified in the amendments to
adopting ordinance for the California Fire Code 2022 Edition, by the City of Palo Alto area are
considered reasonable and necessary modifications. The experience of several disastrous fires
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within the city in addition to Santa Clara, Monterey, San Mateo, Alameda and Contra Costa
counties have demonstrated the need for other fire protection features, the most significant of
which was located in the Oakland/Berkeley Hills in which over 3,000 homes were destroyed and
25 human lives were lost. While it is clearly understood that the adoption of such regulations
may not prevent the incidence of fire, the implementation of these various amendments to the
Code may reduce the severity and potential of loss of life and property.
II. Specific Findings for Local Amendments
The majority of local amendments (those not specifically listed below) are made strictly to
conform to other parts of the Palo Alto Municipal Code (PAMC) and for similar administrative
purposes.
Based upon the findings of fact described in section I, the City Council also makes the following
specific findings regarding local climatic, geological, and topographic conditions related to local
amendments to the California and International Fire Codes found in Chapter 15.04 of Title 15 of
the Palo Alto Municipal Code (“PAMC”):
1. The local amendments contained in PAMC sections 15.04.060 through 15.04.090,
15.04.150, 15.04.170, 15.04.180, 15.04.260, and 15.04.440 through15.04.670 - relating to
general conditions for hazardous materials are necessary modifications to the California Fire
Code flammable and hazardous materials sections because they maintain consistency with the
Hazardous Materials Storage Ordinance which has been adopted county- wide since 1983.
Requirements include safeguards such as monitoring, secondary containment, separation of
non-compatibles which prevent incidents should a seismic event, unauthorized release or
accident occur.
2. The local amendment contained in PAMC section 15.04.260- Immersion Heaters- is
necessary as a fire control measure because it requires additional controls on process heating
devices which are often activated when unattended. See Geological Findings 2.
3. The local amendments contained in PAMC 15.04.280 through 15.04.340 relating to fire
sprinkler systems are necessary for faster control of fires in the dense populated area and areas
in an extended response time of our community to confine a fire to the area of origin rather
than spread to neighboring structures.
The modifications contained in these amendments provide additional fire extinguishing systems
in new construction, major remodels, additions, and occupancy classification changes to help
mitigate the problems identified in Findings 1, 2, and 3, above- Climatic, Geographical and
Topographical.
4. The local amendment contained in PAMC section 15.04.320 - Floor control valves is
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necessary to provide fire extinguishing control devices that allow systems to remain partially in
service while repairs or maintenance are ongoing. See Findings 1 and 2 above- Climatic and
Geographical.
5. The local amendments contained in PAMC section 15.04.350 provides emergency
lighting, where emergency lighting is required, in public restrooms regardless of size for public
safety. See Findings 1, 2, and 3 – Climatic, Geographical and Topographical.
6. The local amendment contained in PAMC section 15.04.360 matches the requirements
for exceptions for emergency escapes in basements/storm shelters in local amendment
contained in section 16.04.360. See Findings 1 and 2 – Climatic and Geographical.
7. The local amendments contained in PAMC section 15.04.370 and 15.04.380 are
recommendations from Santa Clara County Fire Marshals Association to provide code reference
to the installation of commercial ESS, and clarifying location for residential ESS to not interfere
with emergency escapes or rescue openings.
8. The local amendments contained in PAMC sections 15.04.390 through 15.04.410
provide for additional fire and life safety measures during construction and demolition. See
Findings 2 and 3, above- Geographical and Topographical.
9. The local amendments contained in PAMC sections 15.04.060 through 15.04.090,
15.04.150, 15.04.460, and 15.04.620 through 15.04.670 regarding toxic gases incorporate
requirements established by the Model Toxic Gas Ordinance and California Fire Code.
Administrative and restrictive measures include changes in definitions, quantities regulated,
and utilizes County consensus guidelines established by other regional agencies which share
similar climatic, geological/geographical, and topographical conditions. See Findings 1, 2 and 3,
above- Climatic, Geographical and Topographical.
10. The local amendments contained in PAMC sections 15.04.410 through 15.04.430 set
forth protections for urban-wildland interface areas that are necessary to mitigate the
additional fire risks in the Palo Alto foothills hazardous fire zone. The modifications contained in
these amendments provide for additional precautions against fire risks and additional fire
extinguishing systems necessitated by the conditions listed in Findings 1, 2, and 3, above-
Climatic, Geographical and Topographical.
11. The local amendments added in PAMC section 15.04.160 - Roof guardrails at interior
courts provides for additional fire and life safety measures for firefighters on buildings with
unconventional lightwells. See Findings 2 and 3, above- Geographical and Topographical.
12. The local amendments contained in PAMC section 15.04.020 set forth construction and
design provisions for residential property to mitigate the additional risk of fire. The
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modifications contained in this amendment provide for additional precautions against fire risks
necessitated by the conditions listed in Findings 1, 2, and 3, above- Climatic, Geographical and
Topographical.
13. The local amendments contained in PAMC section 15.04.100 are necessary to identify
the individual responsible who will perform a fire plan review and the requirement of additional
information is necessary to aid in a thorough review during the plan review process. The
modifications contained in this amendment provide information that will help mitigate fire risks
associated by the conditions listed in Findings 1, 2, and 3, above- Climatic, Geographical and
Topographical.
14. The local amendment contained in PAMC section 15.04.120 is necessary to identify who
has the authority and to establish the frequency to inspect buildings and premises. The
modifications contained in this amendment provide for additional precautions to mitigate the
problems identified in Findings 1, 2, and 3, above- Climatic, Geographical and Topographical.
15. The local amendment contained in PAMC section 15.04.190 is necessary to set forth a
limit of the maximum number of false alarms the city of Palo Alto Fire Department will respond
to.
This measure is necessary to prevent fire department resources from responding to non-
emergency situations thereby being unavailable to respond to an actual emergency associated
with Climatic, Geographical and Topographical conditions listed in Findings 1, 2 and 3 above.
16. The local amendments added in PAMC sections 15.04.200 through 15.04.250 – The Fire
Access Roadways and Dimensions requirements are necessary to provide access for effective,
efficient and safe firefighting operations. These measures are necessary to prevent a delay in
fire department resources responding to and having access to an emergency situation
associated with Climatic, Geographical and Topographical conditions listed in Findings 1, 2 and
3 above.
17. The local amendment added in PAMC section 15.04.270 – Prohibitive Locations, is
necessary to restrict the use of portable outdoor gas-fired heating appliances in specific
locations as these appliances can be a fire hazard that may also contribute to the uncontrolled
spread of fire as a result of the Climatic, Geographical, and Topographical conditions described
in Findings 1, 2, and 3 above.
18. The local amendment added in PAMC section 15.04.260 relating to the protection of
energy storage systems is necessary to prevent potential damage and fire that may also
contribute to the uncontrolled spread of fire as a result of the Climatic, Geographical, and
Topographical conditions described in Findings 1, 2, and 3 above.
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Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Repealing Chapter 16.04 of the
Palo Alto Municipal Code and Adopting a New Chapter 16.04, California Building
Code, and a New Chapter 16.19, California Historical Building Code and California
Existing Building Code, 2022 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:
CHAPTER 16.04
CALIFORNIA BUILDING CODE,
CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 2, VOLUMNS 1 & 2
Sections
16.04.010 2022 California Building Code, Title 24, Part 2, Volumes 1 & 2 adopted and
amended.
16.04.020 Cross - References to California Building Code.
16.04.030 Local Amendments.
16.04.040 Adoption of 2022 California Building Code Chapter 1,
Division II – Scope and Administration, Part 1 – Scope and Application
and Part 2 – Administration and Enforcement.
16.04.050 Section 101.1 Title.
16.04.060 Section 101.2.1 Appendices.
16.04.070 101.4 Referenced codes.
16.04.080 Section 103 Code Compliance Agency.
16.04.090 Section 104.2.1 Determination of substantially improved or substantially
damaged existing buildings and structures in flood hazard areas.
16.04.100 Section 104.10.1 Flood hazard area.
16.04.110 Section 105.2 Work exempt from permit.
16.04.120 Section 105.3.2 Time limitation of application.
16.04.130 Section 105.5 Expiration.
16.04.140 Section 106.1 Live loads posted.
16.04.150 Section 109.6 Refunds.
16.04.160 Section 109.7 Re-Inspection fees.
16.04.170 Section 110.2.1 Preliminary accessibility compliance inspection.
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16.04.180 Section 110.3.3 Lowest floor elevation.
16.04.190 Section 111.1 Use and occupancy.
16.04.200 Section 111.3 Temporary occupancy.
16.04.210 Section 111.5 Posting.
16.04.220 Section 113 Means of Appeals.
16.04.225 Section 114 Violations.
16.04.230 Section 115 Stop Work Order.
16.04.240 Section 502.1 Address identification.
16.04.250 Section 702A Definitions – Wildland-Urban Interface Fire Area.
16.04.260 Section 903.2 Automatic sprinkler systems, where required.
16.04.270 Section 903.3.1.1 NFPA 13 sprinkler systems.
16.04.280 Section 903.3.1.2 NFPA 13R sprinkler systems.
16.04.290 Section 903.3.1.3 NFPA 13D sprinkler systems.
16.04.300 Section 903.3.1.3.1 Increase in fire sprinkler design criteria.
16.04.310 Section 903.4.3 Floor control valves.
16.04.320 Section 905.3.1 Height.
16.04.330 Section 907.2.11.10 Replacement.
16.04.340 Section 909.20.8 Smoke control systems schedule.
16.04.350 Section 1008.3.3 Rooms and spaces.
16.04.360 Section 1031.2 Where required.
16.04.370 Reserved.
16.04.380 Section 1205.3.4 Roof guards at courts.
16.04.390 Section 1208.5 Dwelling unit and congregate residence superficial floor area.
16.04.400 Section 1503.2.1 Locations.
16.04.410 Section 1612.1.1 Palo Alto Flood Hazard Regulations.
16.04.420 Section 1613.5 Suspended ceilings.
16.04.430 Section 1613.5 ASCE 7, Section 13.1.4 Seismic design requirements for
nonstructural components.
16.04.440 Section 1705.3 Concrete construction.
16.04.450 Section 1803.2 Investigations required.
16.04.460 Section 1803.5.11 Seismic design categories C through F.
16.04.470 Section 1809.7 Prescriptive footings for light-frame construction.
16.04.480 Section 1809.8 Plain concrete footings.
16.04.490 Section 1901.2 Plain and reinforced concrete.
16.04.500 Section 1905.1.7 ACI 318, Section 14.1.4.
16.04.510 SECTION 1906 FOOTINGS FOR LIGHT-FRAME CONSTRUCTION
16.04.520 Section 1906.1 Plain concrete footings.
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16.04.530 Section 1907.1 General.
16.04.540 Section 2305.4 Hold-down connections.
16.04.550 Section 2307.2 Wood-framed shear walls.
16.04.560 Section 2308.6.4 Braced wall panel construction.
16.04.570 Section 2308.6.5 Alternative bracing.
16.04.580 TABLE 2308.6.1 WALL BRACING REQUIREMENTS.
16.04.590 TABLE 2308.6.3(1) BRACING METHODS.
16.04.600 Section 2308.6.9 Attachment of sheathing.
16.04.610 SECTION 2505 SHEAR WALL CONSTRUCTION.
16.04.620 Section 2508.6 Horizontal gypsum board or gypsum panel product diaphragm
ceilings.
16.04.630 Chapter 31B Public Pools.
16.04.640 Section 3304.1 Excavation and fill.
16.04.010 2022 California Building Code, Title 24, Part 2, Volumes 1 & 2 adopted and
amended.
The California Building Code, 2022 Edition, Title 24, Part 2, Volumes 1 & 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 any former iteration of the California Code of Regulations,
Title 24, shall be construed to apply to the corresponding provisions contained within the California
Code of Regulations, Title 24, 2022. Ordinance No. 5508 of the City of Palo Alto and all other
ordinances or parts of ordinances in conflict herewith are hereby 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, 2022 Edition, Title 24, Part 2 of the California Code of Regulations, as
adopted by this chapter.
One (1) copy of the California Building Code, 2022 Edition, has been filed for use and examination
of the public in the Office of the Chief Building Official of the City of Palo Alto.
16.04.020 Cross - References to California Building Code.
The provisions of this Chapter contain cross-references to the provisions of the California Building
Code, 2022 Edition, in order to facilitate reference and comparison to those provisions.
16.04.030 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions
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of the California Building Code, 2022 Edition, and shall be deemed to replace the cross-referenced
sections of said Code with the respective provisions set forth in this Chapter. Where used in this
Chapter 16.04, ellipses shall indicate text of the California Building Code, 2022 Edition, that has
been adopted without amendment but is omitted for brevity.
16.04.040 Adoption of 2022 California Building Code Chapter 1,
Division II – Scope and Administration, Part 1 – Scope and Application
and Part 2 – Administration and Enforcement
Chapter 1, Division II, Parts 1 – Scope and Application and Part 2 – Administration and
Enforcement of the 2022 California Building Code are adopted in their entirety, as amended
herein.
16.04.050 Section 101.1 Title.
Section 101.1 of the California Building Code is amended to read:
101.1 Title. These regulations shall be known as the Building Code of City of Palo Alto,
hereinafter referred to as “this code”.
16.04.060 Section 101.2.1 Appendices.
Section 101.2.1 of the California Building Code is amended to read:
The following Appendix chapters and sections of the California Building Code, 2022 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 (Sections I101 through I105)
B. Appendix J – Grading (Section J109.4 Drainage across property lines)
C. Appendix P – Emergency Housing (Sections P101 through P110)
16.04.070 101.4 Referenced codes.
Section 101.4 of the California Building Code is amended to add subdivisions 101.4.8 through
101.4.12, as follows:
101.4 Referenced codes. The other codes listed in Section 101.4.1 through 101.4.12 and
referenced elsewhere in this code shall be considered part of the requirements of this
code to the prescribed extent of each such reference.
[. . .]
101.4.8 Historical Buildings. The provisions of the California Historical
Code shall apply to the alteration, addition, and relocation to qualified
historical buildings or properties.
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101.4.9 Electrical. The provisions of the California Electrical Code shall apply
to the installation of electrical systems, including alterations, repairs,
replacement, equipment, appliances, fixtures, fittings and appurtenances
thereto.
101.4.10 Residential Buildings. The provisions of the California Residential
Code shall apply to all matters governing the design and construction of
detached, one- and two-family dwellings, townhouses not more than three
stories and separate means of egress, and structural accessory thereto.
101.4.11 Green Building Standards. The provisions of the California Green
Building Standards Code shall apply to all matters governing the "green
building" related planning, design construction, operation, use and occupancy
of newly constructed and altered buildings.
101.4.12 International Swimming and Spa Code. The provisions of the 2021
International Swimming and Spa Code shall apply to the installation of private
swimming pools and spa facilities.
16.04.080 Section 103 Code Compliance Agency.
Section 103 of the California Building Code is amended to read:
103.1 Creation of enforcement agency. The Planning and Development Services
Department is hereby created and the official in charge thereof shall be known as the
chief building official, also referred to as building official or code official. The function of
the department shall be the implementation, administration, and enforcement of the
provisions of this code.
103.2 Appointment. The building official shall be appointed by the chief appointing
authority of the jurisdiction.
103.3 Deputies. In accordance with the prescribed procedures of this jurisdictions and
with the concurrence of the appointing authority, the building official shall have the
authority to appoint assistant chief building officials, manager supervisors, and other
technical officers, inspectors, and other employees. Such employees shall have powers as
delegated by the building official.
16.04.090 Section 104.2.1 Determination of substantially improved or substantially
damaged existing buildings and structures in flood hazard areas.
Section 104.2.1 of the California Building Code is amended to read:
104.2.1 Determination of substantially improved or substantially damaged existing
buildings and structures in flood hazard areas. For applications for reconstruction,
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rehabilitation, repair, alteration, addition or other improvement of existing buildings or
structures located in flood hazard areas, the city engineer or designee shall determine if
the proposed work constitutes substantial improvement or repair of substantial damage.
Where the city engineer or designee determines that the proposed work constitutes
substantial improvement or repair of substantial damage, and where required by this
code, the city engineer or designee shall require the building to meet the requirements
of Section 1612 of the California Building Code, Section R322 of the California Residential
Code as amended, or Palo Alto Municipal Code 16.52 Flood Hazard Regulations,
whichever is more stringent.
16.04.100 Section 104.10.1 Flood hazard area.
Section 104.10.1 of the California Building Code is amended to read:
104.10.1 Flood hazard areas. The city engineer or designee shall not grant
modifications to any provision required in flood hazard areas as established by Section
1612.3 unless a determination has been made that:
1. A showing of good and sufficient cause that the unique characteristics of the
size, configuration or topography of the site render the elevation standards of
Section 1612 inappropriate.
2. A determination that failure to grant the variance would result in exceptional
hardship by rendering the lot undevelopable.
3. A determination that the granting of a variance will not result in increased
flood heights, additional threats to public safety, extraordinary public
expense, cause fraud on or victimization of the public, or conflict with existing
laws or ordinances.
4. A determination that the variance is the minimum necessary to afford relief,
considering the flood hazard.
5. Submission to the applicant of written notice specifying the difference
between the design flood elevation and the elevation to which the building is
to be built, stating that the cost of flood insurance will be commensurate with
the increased risk resulting from the reduced floor elevation, and stating that
construction below the design flood elevation increases risks to life a
property.
16.04.110 Section 105.2 Work exempt from permit.
Section 105.2 of the California Building Code is amended to read:
105.2 Work exempt from permit. Exemptions from permit requirements of this code
shall not be deemed to grant authorization for any work to be done in any manner in
violation of the provisions of this code or any other laws or ordinances of
this jurisdiction. Permits shall not be required for the following:
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Building:
1. One-story detached accessory structures used as tool and storage sheds,
playhouses and similar uses, provided that the floor area does not exceed
120 square feet (11.15 m2). It is permissible that these structures still be
regulated by Section 710A, despite exemption from permit.
2. Wood fences not over 7 feet (2134 mm) high or concrete or masonry wall
not over 4 feet (1219 mm) high when not subject to specific city of Palo
Alto Planning and Zoning regulations.
3. Retaining walls that are not over 4 feet (1219 mm) in height measured
from the bottom of the footing to the top of the wall, unless supporting
a surcharge or impounding Class I, II or IIIA liquids.
4. Oil derricks.
5. Water tanks supported directly on grade if the capacity is not greater
than 5,000 gallons (18 925 L) and the ratio of height to diameter or width
is not greater than 2:1.
6. Sidewalks and driveways not more than 30 inches (762 mm) above
adjacent grade and not over any basement or story below and are not
part of an accessible route, accessible parking spaces, or required exits.
7. Wood decks not over 30 inches above surrounding grade or finishes, not
attached to a structure, or serving any part of the means of egress.
8. Painting, papering, tiling, carpeting, cabinets, counter tops and similar
finish work.
9. Temporary motion picture, television and theater stage sets and
scenery.
10. Prefabricated swimming pools accessory to a Group R-3 occupancy that
are less than 18 inches deep, do not exceed 5,000 gallons and are
installed entirely above ground.
11. Shade cloth structures constructed for nursery or agricultural purposes,
not including service systems.
12. Swings and other playground equipment accessory to detached one- and
two- family dwellings and not considered a public playground.
13. Window awnings supported by an exterior wall that do not project more
than 54 inches (1,372 mm) from the exterior wall and do not require
additional support of Group R-3 and U occupancies.
14. Nonfixed and movable fixtures, cases, racks, counters and partitions not
over 5 feet 9 inches (1753 mm) in height.
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Electrical:
1. Repairs and maintenance: Minor repair work, including the replacement
of lamps or the connection of approved portable electrical equipment
to approved permanently installed receptacles.
2. Radio and television transmitting stations: The provisions of this code
shall not apply to electrical equipment used for radio and television
transmissions, but do apply to equipment and wiring for a power supply
and the installations of towers and antennas.
3. Temporary testing systems: A permit shall not be required for the
installation of any temporary system required for the testing or servicing
of electrical equipment or apparatus.
4. Temporary decorative lighting: Exterior listed plug-in decorative lighting
plugged into a waterproof GFCI receptacle outlet.
5. Replacement of overcurrent devices: Replacement of any overcurrent
device less than 1,200 amps of the same capacity in the same location.
6. Wiring for temporary theatre, motion picture or television stage sets.
7. Electrical wiring, devices, appliances, apparatus, or equipment operating
at less than 25 volts and not capable of supplying more 50 watts of energy.
Gas:
1. Portable heating appliance.
2. Replacement of any minor part that does not alter approval
of equipment or make such equipment unsafe.
Mechanical:
1. Portable heating appliance.
2. Portable ventilation equipment.
3. Portable cooling unit.
4. Steam, hot or chilled water piping within any heating or
cooling equipment regulated by this code.
5. Replacement of any part that does not alter its listing/approval or make
it unsafe.
6. Portable evaporative cooler.
7. Self-contained refrigeration system containing 10 pounds (4.54 kg) or
less of refrigerant and actuated by motors of 1 horsepower (0.75 kW) or
less.
Plumbing:
1. The stopping of leaks in drains, water, soil, waste or vent pipe, provided,
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however, that if any concealed trap, drain pipe, water, soil, waste or vent
pipe becomes defective and it becomes necessary to remove and replace
the same with new material, such work shall be considered as new work
and a permit shall be obtained and inspection made as provided in this
code.
2. The clearing of stoppages or the repairing of leaks in pipes, valves or
fixtures and the removal and reinstallation of water closets, provided
that such repairs do not involve or require the replacement or
rearrangement of valves, pipes or fixtures.
[. . .]
16.04.120 Section 105.3.2 Time limitation of application.
Section 105.3.2 of Chapter 1 of the California Building Code is amended to read:
105.3.2 Time limitation of application. An accepted application for a permit for any proposed
work shall be deemed to have been abandoned twelve (12) months 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 ninety (90) days each. The extension shall be required
in writing and justifiable cause demonstrated.
16.04.130 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 twelve (12) months after its issuance, or
if the work authorized on the site by such permit is suspended or abandoned for a period
of twelve (12) months after the time the work is commenced. For the purpose of this
section, failure to progress a project to the next level of required inspection, as
determined by the chief building official, 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 construction documents be revised to partially or fully to comply with
current codes and ordinances; and
2. payment of fees; and
3. payment of a penalty pursuant to Chapter 16.62 of the Palo Alto Municipal
Code.
Extensions and reactivations shall be requested in writing and justifiable cause
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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 forty-eight (48) months of permit issuance.
Once a term limit has been exhausted without obtaining an approved final inspection the
permit will automatically become void. The chief building official or designee is
authorized to allow a new permit application to be applied for the original scope of work
and may require:
1. that construction documents be revised to partially or fully to comply with
current codes and ordinances; and
2. payment of partial or all plan review and permit fees; and
3. payment of a penalty pursuant to Chapter 16.62 of the Palo Alto Municipal
Code.
16.04.140 Section 106.1 Live loads posted.
Section 106.1 of the California Building Code is amended to read:
106.1 Live Loads Posted. In commercial, institutional or industrial buildings, for each floor
or portion thereof designed for live loads exceeding 50 psf (2.40 kN/m2), such design live
loads shall be conspicuously posted by the owner or the owner's authorized agent in that
part of each story in which they apply, using durable signs. It shall be unlawful to remove or
deface such notices.
16.04.150 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.
16.04.160 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 designee for each occurrence as itemized below:
1. inspection record card is not posted or otherwise available on the work site;
or
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2. approved plans are not readily available for the inspector at the time of
inspection; or
3. 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 required revision; or
5. when work for which an inspection is requested is not ready for inspection; or
6. when required corrections noted during prior inspections have not been
completed.
When a re-inspection fee is assessed, additional inspection of the work will not be performed
until the fee has been paid.16.04.170 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.
16.04.180 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.
16.04.190 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 chief 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 or issued for:
1. Work exempted from permits under Section 105.2
2. Group R – Division 2, 3 occupancies
3. Group U occupancies accessory to R3 and R2 occupancies
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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.
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.
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.
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 tenancy will result in
no increased hazard to life or limb, health, property, or public welfare.
16.04.200 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 or designee 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 or designee shall set a time period during which the
temporary certificate of occupancy is valid.
16.04.210 Section 111.5 Posting.
Section 111.5 of Chapter 1 of the California Building Code is added to read:
111.5 Posting. The temporary certificate of occupancy or 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.
16.04.220 Section 113 Means of Appeals.
Section 113 of Chapter 1 of the California Building Code is amended to read:
SECTION 113
MEANS OF APPEALS
113.1 Appeals. A person requesting an order, decision, or determination by the building
official relative to the California Building Code (as amended) may appeal such order,
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decision or determination by completing a request for hearing form and returning it to
the City within thirty calendar days from the date of the decision, together with all
applicable fees authorized by the City’s Municipal Fee Schedule. A request for hearing
shall be based on a claim that the true intent of the California Building Code (as amended)
or the rules legally adopted thereunder have been incorrectly interpreted, the provisions
of this code do not fully apply or an equivalent or better form of construction is proposed.
(a) The person requesting the hearing shall be notified of the time and place set for the
hearing at least ten days prior to the date of the hearing.
(b) If the building official submits an additional written report concerning the decision to
hearing officer for consideration at the hearing, then a copy of this report shall also be
served on the person requesting the hearing at least five days prior to the date of the
hearing.
(c) The appeal procedure set out in this Section 113.1 et seq. does not apply to: (1)
decisions by the building official or any other City official related to administrative
enforcement actions taken under Chapter 1.12 or Chapter 1.16 of the Palo Alto Municipal
Code; (2) decisions by the City to enforce the California Building Code under any provision
of criminal law; or (3) any other action taken by the City that specifies its own appeal
procedure.
113.2 Hearing Officer. The building official shall designate a hearing officer for the appeal
hearing. The hearing officer may consist of one person or a body of people. The hearing
officer shall not be the building official or any directly subordinate employees.
(a) The hearing officer does not have authority to waive requirements of the California
Building Code (as amended) or interpret the administration of the Code.
(b) The hearing officer does not have authority to issue an order, decision, or
determination on his or her own authority. This includes the issuance or amendment of
building permits.
(c) The hearing officer shall be qualified by experience and training to pass on matters
pertaining to building construction.
113.3 Hearing procedures.
(a) No appeal hearing before a hearing officer shall be noticed unless the applicable
fee(s) been paid in advance in accordance with Section 113.1.
(b) A hearing before the hearing officer shall be set for a date that is not less than fifteen
days and not more than sixty days from the date that the request for hearing is filed in
accordance with the provisions of this chapter. The party requesting the hearing may
request one continuance for any reason, provided that the hearing officer is given the
request for continuance at least forty-eight hours in advance of the scheduled hearing
and that the deferred hearing shall not be deferred more than ninety days after the
request for hearing was made. A request for continuance made less than forty-eight hours
before the scheduled hearing may be granted by the hearing officer based upon exigency
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only. The parties may stipulate to an alternative hearing date schedule outside of these
rules upon a finding of good cause and approval from the hearing officer.
(c) At the hearing, the appellant shall be given the opportunity to testify and to present
evidence and cross-examine witnesses concerning the appeal. The appellant may appear
personally or through a representative. Prehearing discovery is not authorized, but
subpoena of witnesses and documents shall be permitted as authorized by law. The
hearing officer may conduct the hearing informally, both as to rules of procedure and
admission of evidence, in any manner which will provide a fair hearing.
(d) The failure of the appellant to appear at the hearing or, in the alternative, to present
written or demonstrative evidence shall constitute the dismissal of the appeal with
prejudice.
(e) The administrative record and any additional report submitted by the building official
shall constitute presumptive evidence of the respective facts contained in those
documents. The building official shall have the same rights as the appellant to testify,
present evidence, and cross-examine witnesses concerning the appeal.
(f) The hearing officer may continue the hearing and request additional information from
the building official or appellant prior to issuing a written decision.
113.4 Hearing Officer’s decision.
(a) After considering all the testimony and evidence submitted at the hearing, the
hearing officer shall issue a written decision to uphold or amend the building official’s
order, decision or determination, and the reasons for that decision. The decision of the
hearing officer shall be issued within thirty days following completion of the hearing. The
decision of the hearing officer shall be final upon service on the appellant, subject only to
judicial review as allowed by law.
(b) The hearing officer shall consider any written or oral evidence submitted at the
hearing consistent with ascertainment of the facts regarding the issues of the appeal.
(c) If the hearing officer determines that the building official’s order, decision, or
determination should not be upheld as originally given, then the hearing officer shall
direct the building official to make any amendments or changes necessary to implement
the hearing officer’s decision. The hearing officer shall also give the building official a
reasonable deadline to complete such actions.
(d) The appellant shall be served with a copy of the hearing officer's written decision
within ten calendar days following its issuance.
16.04.225 Section 114 Violations.
Section 114 of Chapter 1 of the California Building Code is amended to read:
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SECTION 114
VIOLATIONS
114.1 Unlawful acts. 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, 1.16 and
16.62 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, in his or her sole discretion, 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.
114.2 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, (4) Building
Inspector or Building Inspector Specialist as designated by the chief building official and
(5) code enforcement officer.
16.04.230 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
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.
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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 Planning and Development Services 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 twenty (20) working days
following response to Planning and Development Services. Plans will be reviewed and
correction letters issued or permit application approved by Planning and Development
Services. A response to any correction letter must be submitted within fifteen (15)
working days of the date of the correction letter. Ten (10) working days will be required
to review this second submission and a permit approved for issuance. Permits ready for
issuance must be issued within five (5) working days thereafter. All construction must be
inspected as work progresses and signed off by all (affected) departments within the
permit term limits outlined in Section 105.5.1 or as determined by the building official.
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.
16.04.240 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.
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:
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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 (12”) high is required.
16.04.250 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 beat 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.
16.04.260 Section 903.2 Automatic sprinkler systems, where required.
Section 903.2 of Chapter 9 the California Building Code is amended to read:
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.
2. 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.
3. An automatic sprinkler system shall be provided throughout all new or altered
basements used for storage/utility/occupancy or habitable space regardless of
size and throughout existing basements that are expanded by more than 50%.
If the addition or alteration is only the basement, then only the basement is
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required to be fire sprinkler protected.
4. An automatic sprinkler system shall be installed throughout when either the
roof structure and/or exterior wall structure have been removed, altered,
and/or replaced by at least 50% of the existing structure.
5. 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.
Exception: Spaces or areas in telecommunications buildings used exclusively
for telecommunications equipment, associated electrical power
distribution equipment, batteries and standby engines, provided that
those spaces or areas are equipped throughout with an automatic smoke
detection system in accordance with Section 907.2 and are separated from
the remainder of the building by not less than 1-hour fire barriers constructed
in accordance with Section 707 or not less than 2-hour horizontal
assemblies constructed in accordance with Section 711, or both.
16.04.270 Section 903.3.1.1 NFPA 13 sprinkler systems.
Section 903.3.1.1 of Chapter 9 of the California Building Code is amended to read:
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/1500 square feet.
2. Where future use or tenant is determined to require a higher density, the
sprinkler system shall be augmented to meet the higher density.
3. Light hazard occupancy shall be hydraulically designed to a 1500 square feet
most remote area or as required by the fire code official
4. Laboratory areas within buildings shall be hydraulically designed to Ordinary
Hazard II density.
5. Parking areas where mechanical vehicle storage equipment is used shall be
hydraulically designed to Extra Hazard II density.
6. In multi-residential apartments, townhomes, and condominiums.
16.04.280 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:
903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R
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Occupancies, automatic sprinkler systems shall be installed throughout in accordance
with NFPA 13 and State and local standards.
16.04.290 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:
903.3.1.3 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler systems
installed in one-and two-family detached dwellings 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.
16.04.300 Section 903.3.1.3.1 Increase in fire sprinkler design criteria.
Section 903.3.1.3.1 of Chapter 9 of the California Building Code is added to read:
903.3.1.3.2 Increase in fire sprinkler design criteria. Structures determined by the fire
code official to have higher firefighting hazardous conditions or located in the Wildland-
Urban Interface Fire Area shall have an increase in fire sprinkler design criteria as
determined by the fire code official.
16.04.310 Section 903.4.3 Floor control valves.
Section 903.4.3 of Chapter 9 of the California Building Code is amended to read:
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.
16.04.320 Section 905.3.1 Height.
Section 905.3.1 of the California Building Code is amended to read:
905.3.1 Height. A Class I standpipe system shall be installed in buildings where the roof
edge/parapet is greater than 27 feet above the lowest level of fire apparatus access
roadway and in below grade levels.
16.04.330 Section 907.2.11.10 Replacement.
Section 907.2.11.10 of Chapter 9 of the California Building Code is added to read:
907.2.11.10 Replacement. Single and multi-station smoke alarms and carbon monoxide
detectors shall be replaced 10 years after date of installation.
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16.04.340 Section 909.20.8 Smoke control systems schedule.
Section 909.20.8 is added to the California Building Code to read as follows:
909.20.8 Smoke control systems schedule. A routine maintenance and operational
testing program shall be initiated immediately after the smoke control system has passed
the acceptance tests. A written schedule for routine maintenance and operational testing
shall be established and both shall occur at least annually.
16.04.350 Section 1008.3.3 Rooms and spaces.
Section 1008.3.3 of Chapter 10 of the California Building Code is amended to read:
1008.3.3 Rooms and spaces. In the event of power supply failure, an emergency
electrical system shall automatically illuminate all of the following areas:
1. Electrical equipment rooms.
2. Fire command centers.
3. Fire pump rooms.
4. Generator rooms.
5. Public restrooms.
16.04.360 Section 1031.2 Where required.
Section 1031.2 of Chapter 10 of the California Building Code is amended to read:
1031.2 Where required. In addition to the means of egress required by this chapter,
emergency escape and rescue openings shall be provided in Group R occupancies.
Basements and sleeping rooms below the fourth story above grade plane shall have not
fewer than one emergency escape and rescue opening in accordance with this section.
Where basements contain one or more sleeping rooms, an emergency escape and rescue
opening shall be required in each sleeping room but shall not be required in adjoining
areas of the basement. Such openings shall open directly into a public way or to a yard or
court that opens to a public way.
Exceptions:
1. In Group R-1 and R-2 occupancies constructed of Type I, Type IIA, Type IIIA
or Type IV construction equipped throughout with an approved automatic
sprinkler system in accordance with Section 903.3.1.1.
2. Group R-2.1 occupancies meeting the requirements for delayed egress in
accordance with Section 1010.2.13 may have operable windows that are
breakable in sleeping rooms permanently restricted to a maximum of 4-inch
open position.
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3. Emergency escape and rescue openings are not required from basements or
sleeping rooms that have an exit door or exit access door that opens directly
into a public way or to a yard, court or exterior egress balcony that opens to
a public way.
4. Storm shelters and basements used only to house mechanical equipment
not exceeding a total floor area of 200 square feet (18.58 m2)
16.04.370 Reserved.
16.04.380 Section 1205.3.4 Roof guards at courts.
Section 1205.3.4 of Chapter 12 of the California Building Code is added to read:
1205.3.4 Roof guards at courts. Roof openings into courts where not bounded on all sides
by walls shall be protected with guardrails. The top of the guards shall not be less than 42
inches in height. Required guards shall not have openings that allow passage of a sphere
twelve inches (12) in diameter from the walking surface to the required guard height.
Exception: Where the roof opening is greater than 600 square feet in area.
16.04.390 Section 1208.5 Dwelling unit and congregate residence superficial floor area.
Section 1208.5 of Chapter 12 of the California Building Code is added to read:
1208.5 Dwelling unit and congregate residence superficial floor area. Every dwelling unit
and congregate residence shall have at least one room which shall have not less than 120
square feet of superficial floor area. Every room which is used for both cooking and living
or both living and sleeping purposes shall have not less than 144 square feet of superficial
floor area. Every room used for sleeping purposes shall have not less than 70 square feet
of superficial floor area. When more than two persons occupy a room used for sleeping
purposes the required superficial floor area shall be increased at the rate of 50 square
feet for each occupant in excess of two. Guest rooms with cooking shall contain the
combined required superficial areas of a sleeping and a kitchen, but not less than 144
square feet. Other habitable rooms shall be not less than 70 square feet.
Notwithstanding any provision of this Section, children under the age of six shall not be
counted for purposes of determining whether a family with minor children complies with the
provisions of this Code.
For the purposes of this section, "superficial floor area" means the net floor area within the
enclosing walls of the room in which the ceiling height is not less than seven feet six
inches, excluding built-in equipment such as wardrobes, cabinets, kitchen units, or
fixtures which are not readily removable.
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16.04.400 Section 1503.2.1 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.
16.04.410 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 more stringent
requirements shall apply.
16.04.420 Section 1613.5 Suspended ceilings.
Section 1613.5 of Chapter 16 of the California Building Code is added to read:
1613.5 Suspended ceilings. Minimum design and installation standards for suspended
ceilings shall be determined in accordance with the requirements of Section 2506.2.1 of
this Code and this section.
1613.5.1 Scope. This part contains special requirements for suspended ceilings and
lighting systems. Provisions of Section 13.5.6 of ASCE 7 shall apply except as modified
herein.
1613.5.2 General. The suspended ceilings and lighting systems shall be limited to 6 feet
(1828 mm) below the structural deck unless the lateral bracing is designed by a licensed
engineer or architect.
1613.5.3 Sprinkler heads. All sprinkler heads (drops) except fire-resistance-rated
floor/ceiling or roof/ceiling assemblies, shall be designed to allow for free movement of
the sprinkler pipes with oversize rings, sleeves, or adaptors through the ceiling tile.
Sprinkler heads and other penetrations shall have a 2-inch (50mm) oversize ring, sleeve,
or adapter through the ceiling tile to allow for free movement of at least 1 inch (25mm)
in all horizontal directions. Alternatively, a swing joint that can accommodate 1 inch (25
mm) of ceiling movement in all horizontal directions is permitted to be provided at the
top of the sprinkler head extension.
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Sprinkler heads penetrating fire-resistance-rated floor/ceiling or roof/ceiling assemblies
shall comply with Section 714 of this Code.
1613.5.4 Special requirements for means of egress. Suspended ceiling assemblies
located along means of egress serving an occupant load of 30 or more and at lobbies
accessory to Group A Occupancies shall comply with the following provisions.
1613.5.4.1 General. Ceiling suspension systems shall be connected and braced with
vertical hangers attached directly to the structural deck along the means of egress serving
an occupant load of 30 or more and at lobbies accessory to Group A Occupancies. Spacing
of vertical hangers shall not exceed 2 feet (610 mm) on center along the entire length of
the suspended ceiling assembly located along the means of egress or at the lobby.
1613.5.4.2 Assembly device. All lay-in panels shall be secured to the suspension ceiling
assembly with two hold-down clips minimum for each tile within a 4-foot (1219 mm)
radius of the exit lights and exit signs.
1613.5.4.3 Emergency systems. Independent supports and braces shall be provided for
light fixtures required for exit illumination. Power supply for exit illumination shall comply
with the requirements of Section 1008.3 of this Code.
1613.5.4.4 Supports for appendage. Separate support from the structural deck shall be
provided for all appendages such as light fixtures, air diffusers, exit signs, and similar
elements.
16.04.430 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:
1613.5 ASCE 7, Section 13.1.4 Seismic design requirements for nonstructural components.
Nonstructural elements must be seismically designed per ASCE 7, Section 13.1.4.
Exemptions. The following nonstructural components are exempted:
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.
16.04.440 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.
Exceptions: Special inspections and tests 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.
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.
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16.04.450 Section 1803.2 Investigations required.
Section 1803.2 of Chapter 18 of the California Building Code is amended as to read:
1803.2 Investigations required. Geotechnical investigations shall be conducted in
accordance with Sections 1803.3 through 1803.5
Exceptions:
1. The building official or designee shall be permitted to waive the requirement
for a geotechnical investigation where satisfactory data from adjacent areas is
available that demonstrates an investigation is not necessary for any of the
conditions in Sections 1803.5.1 through 1803.5.6 and Sections
1803.5.10 and 1803.5.11.
2. Light-frame construction building utilizing the prescriptive continuous footings
per Table 1809.7 amended in section 16.04.300. For addition, the engineer of
record shall certify in writing that the existing foundation system matches the
proposed foundation system.
3. Accessories and minor additions may be exempted by the Building Official
or designee.
16.04.460 Section 1803.5.11 Seismic design categories C through F.
Section 1803.5.11 of Chapter 18 of the California Building Code is amended to read:
Section 1803.5.11 Seismic design categories C through F. For structures assigned
to Seismic Design Category C, D, E or F, a geotechnical investigation shall be conducted,
and shall include an evaluation of all of the following potential geologic and seismic
hazards:
1. Slope instability.
2. Liquefaction.
3. Total and differential settlement.
4. Surface displacement due to faulting or seismically induced lateral spreading
or lateral flow.
Exception: Refer to section 1803.2 exception.
16.04.470 Section 1809.7 Prescriptive footings for light-frame construction.
Section 1809.7 of Chapter 18 of the California Building Code is amended to read:
1809.7 Prescriptive footings for light-frame construction. Where a specific design is
not provided, concrete or masonry-unit footings supporting walls of light-frame
construction shall be permitted to be designed in accordance with Table 1809.7.
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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. Ground under the floor shall be permitted to be excavated to elevation of footing.
b. Interior stud-bearing walls shall be permitted to be supported by isolated footings.
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 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.
16.04.480 Section 1809.8 Plain concrete footings.
Section 1809.8 of Chapter 18 of the California Building Code is deleted.
16.04.490 Section 1901.2 Plain and reinforced concrete.
Section 1901.2 of Chapter 19 of the California Building Code is amended to read:
1901.2 Plain and reinforced concrete. Structural concrete shall be designed and
constructed in accordance with the requirements of this chapter and ACI 318 as amended
in section 1905 of this code and PAMC 16.14.240. Except for the provisions of Sections
1904 and 1907, the design and construction of slabs on grade shall not be governed by
this chapter unless they transmit vertical loads or lateral forces from other parts of the
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structure to the soil.
16.04.500 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.
16.04.510 SECTION 1906 FOOTINGS FOR LIGHT-FRAME CONSTRUCTION
Section 1906 of Chapter 19 of the California Building Code is deleted.
16.04.520 Section 1906.1 Plain concrete footings.
Section 1906.1 of Chapter 19 of the California Building Code is deleted.
16.04.530 Section 1907.1 General.
Section 1907.1 of Chapter 19 of the California Building Code is amended to read:
1907.1 General. The thickness of concrete floor slabs supported directly on the ground
shall be not less than 3 ½ inches (89mm). A 6-mil (0.006 inches; 0.15mm) polyethylene
vapor retarder with joints lapped not less than 6 inches (152 mm) shall be placed between
the base course or subgrade and the concrete floor slab, or other approved equivalent
methods or materials shall be used to retard vapor transmission through the floor slab.
Slabs shall have 6x6-10/10 wire mesh or equate a mid-height.
Exceptions: A vapor retarder is not required:
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1. For detached [. . .]
16.04.540 Section 2305.4 Hold-down connections.
Section 2305.4 of Chapter 23 of the California Building Code is added to read:
2305.4 Hold-down connectors. In Seismic Design Category D, E or F, hold-down
connectors shall be designed to resist shear wall overturning moments using approved
cyclic load values or 75 percent of the allowable seismic load values that do not consider
cyclic loading of the product. Connector bolts into wood framing shall require steel plate
washers on the post on the opposite side of the anchorage device. Plate size shall be a
minimum of 0.229 inch by 3 inches by 3 inches (5.82 mm by 76 mm by 76 mm) in size.
Hold-down connectors shall be tightened to finger tight plus one half (1/2) wrench turn
just prior to covering the wall framing.
16.04.550 Section 2307.2 Wood-framed shear walls.
Section 2307.2 of Chapter 23 of the California Building Code is added to read:
Section 2307.2 Wood-frame shear walls. Wood-frame shear walls shall be designed and
constructed in accordance with Section 2306.3 as applicable.
16.04.560 Section 2308.6.4 Braced wall panel construction.
Section 2308.6.4 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 were 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.
16.04.570 Section 2308.6.5 Alternative bracing.
Section 2308.6.5 of Chapter 23 of the California Building Code is amended to read:
2308.6.5 Alternative bracing. An alternate braced wall (ABW) or a portal frame with hold-
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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.
16.04.580 TABLE 2308.6.1 WALL BRACING REQUIREMENTS.
Footnote “b” of TABLE 2308.6.1 of Chapter 23 of the California Building Code is amended to read:
b. See section 2306.3 for full description of bracing methods. Method GB is prohibited in
Seismic Design Categories D & E.
16.04.590 TABLE 2308.6.3(1) BRACING METHODS.
TABLE 2308.6.3(1) Bracing Methods of Chapter 23 of the California Building Code is amended by
adding footnote “b” and footnote “b” superscript to METHODS, MATERIAL column title as follows:
TABLE 2308.6.3(1) BRACING METHODS
METHODS,
MATERIAL b
MINIMUM
THICKNESS FIGURE CONNECTION CRITERIA a
Fasteners Spacing
b. Method GB is prohibited in Seismic Design Categories D & E.
16.04.600 Section 2308.6.9 Attachment of sheathing.
Section 2308.6.9 of Chapter 23 of the California Building Code is amended to read:
2308.6.9 Attachment of sheathing. Fastening of braced wall panel sheathing shall not be
less than that prescribed in Table 2308.6.1 or 2304.10.2. Wall sheathing shall not be
attached to framing members by adhesives. Staple fasteners in Table 2304.10.1 shall not
be used to resist or transfer seismic forces in structures assigned to Seismic Design
Category D, E, or F unless the allowable shear values are substantiated by cyclic testing
and approved by the Building Official or designee.
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.
16.04.610 SECTION 2505 SHEAR WALL CONSTRUCTION.
Section 2505 Chapter 25 of the California Building Code is deleted in its entirety including its
subsections.
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16.04.620 Section 2508.6 Horizontal gypsum board or gypsum panel product diaphragm
ceilings.
Section 2508.6 of the California Building Code is deleted in its entirety including its subsections.
16.04.630 Chapter 31B Public Pools.
Chapter 31B of the California Building Code has been adopted in its entirety.
16.04.640 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 not be
embedded in concrete. Before completion, loose or casual wood shall be removed from
direct contact with the ground under the building.
SECTION 2. Chapter 16.19, California Historical Building Code and Existing Building Code, of Title
16 (Building Regulations) of the Palo Alto Municipal Code is added to read as follows:
CHAPTER 16.19
CALIFORNIA HISTORICAL BUILDING CODE,
CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 8
and
CALIFORNIA EXISTING BUILDING CODE,
CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 10
Sections
16.04.010 2022 California Historical Building Code, Title 24, Part 8 adopted.
16.19.020 2022 California Existing Building Code, Title 24, Part 10 adopted and amended.
16.19.030 Cross - References to California Existing Building Code.
16.19.040 Local Amendments.
16.19.050 101.6 Appendices.
16.19.060 Administration & Enforcement of 2022 California Existing Building Code
16.19.070 Adoption of 2022 California Existing Building Code Chapter 1, Division II – Scope
and Administration
16.19.080 Section 101.1 Title.
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16.19.090 Section 324 Dwelling unit and congregate residence superficial floor area.
16.19.100 Section 503.19 Suspended ceiling systems.
16.19.110 Section 503.20 Mechanical and electrical equipment in seismic design categories
D, E or F.
16.19.120 Section 405.2.3.1 Seismic evaluation and design procedures for repairs.
16.19.010 2022 California Historical Building Code, Title 24, Part 8 adopted.
The California Historical Building Code, 2022 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, 2022 Edition, has been filed for use and
examination of the public in the Office of the Chief Building Official of the City of Palo Alto.
16.19.020 2022 California Existing Building Code, Title 24, Part 10 adopted and amended.
The California Existing Building Code, 2022 Edition, Title 24, Part 10 of the California Code of
Regulations, which provides alternative building regulations for the rehabilitation, preservation
restoration or relocation of existing buildings, 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.
One copy of the California Existing Building Code, 2022 Edition, has been filed for use and
examination of the public in the Office of the Chief Building Official of the City of Palo Alto.
16.19.030 Cross - References to California Existing Building Code.
The provisions of this Chapter contain cross-references to the provisions of the California Existing
Building Code, 2022 Edition, in order to facilitate reference and comparison to those provisions.
16.19.040 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions
of the California Existing Building Code, 2022 Edition, and shall be deemed to replace the cross-
referenced sections of said Code with the respective provisions set forth in this Chapter.
16.19.050 101.6 Appendices.
Section 101.6 of Chapter 1 of the California Existing Building Code is amended to read:
2022 California Existing Building Code and International Existing Building Code Appendix
Chapters Adopted.
The following Appendix Chapters of the California Existing Building Code (CEBC), 2022
Edition, and International Existing Building Code (IEBC), 2021 Edition, are adopted and
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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. CEBC 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
16.19.060 Administration & Enforcement of 2022 California Existing Building Code
Administration and enforcement of this code shall be governed by Chapter 1, Division II of the
2022 California Building Code as amended by Palo Alto Municipal Code Chapter 16.04.
16.19.070 Adoption of 2022 California Existing Building Code Chapter 1, Division II – Scope
and Administration
Chapter 1, Division II, Parts 1 and 2 of the 2022 California Existing Building Code is adopted by
the City of Palo Alto to supplement, to the extent it does not conflict with, Chapter 1, Division II
of the 2022 California Building Code, as amended.
16.19.080 Section 101.1 Title.
Section 101.1 of Chapter 1 of the California Existing Building Code is amended to read:
101.1 Title. These regulations shall be known as the Existing Building Code of City of Palo
Alto, hereinafter referred to as “this code.”
16.19.090 Section 324 Dwelling unit and congregate residence superficial floor area.
Section 324 of Chapter 3 of the California Existing Building Code is added to read:
324 Dwelling unit and congregate residence superficial floor area. Every dwelling unit and
congregate residence shall have at least one room which shall have not less than 120 square
feet of superficial floor area. Every room which is used for both cooking and living or both living
and sleeping purposes shall have not less than 144 square feet of superficial floor area. Every
room used for sleeping purposes shall have not less than 70 square feet of superficial floor
area. When more than two persons occupy a room used for sleeping purposes the required
superficial floor area shall be increased at the rate of 50 square feet for each occupant in excess
of two. Guest rooms with cooking shall contain the combined required superficial areas of a
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sleeping and a kitchen, but not less than 144 square feet. Other habitable rooms shall be not
less than 70 square feet.
Notwithstanding any provision of this Section, children under the age of six shall not be
counted for purposes of determining whether a family with minor children complies with the
provisions of this Code.
For the purposes of this section, "superficial floor area" means the net floor area within the
enclosing walls of the room in which the ceiling height is not less than seven feet six
inches, excluding built-in equipment such as wardrobes, cabinets, kitchen units, or
fixtures which are not readily removable.
16.19.100 Section 503.19 Suspended ceiling systems.
Section 503.19 of Chapter 5 the California Existing Building Code is added to read:
503.19 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.
16.19.110 Section 503.20 Mechanical and electrical equipment in seismic design categories
D, E or F.
Section 503.20 of Chapter 5 of the California Existing Building Code is added to read:
503.20 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.
16.19.120 Section 405.2.3.1 Seismic evaluation and design procedures for repairs.
Section 405.2.3.1 of Chapter 5 of the California Existing Building Code 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.
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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.
3. 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.
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.
405.2.3.1.2 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.
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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.
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.
SECTION 3. The Council adopts the findings for local amendments to the California Building Code,
2022 Edition, attached hereto as Exhibit “A” and incorporated herein by reference.
SECTION 4. The Council adopts the findings for local amendments to the California Existing
Building Code, 2022 Edition, attached hereto as Exhibit “B” and incorporated herein by reference.
SECTION 5. 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.
//
//
//
//
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SECTION 6. 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:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services
____________________________
Director of Administrative Services
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Exhibit A
FINDINGS FOR LOCAL AMENDMENTS TO CALIFORNIA BUILDING CODE,
TITLE 24, PART 2, VOLUMES 1 AND 2
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: California Building Code, Title 24, Part 2, Volumes 1 and 2
Chapter(s),
Section(s),
Table(s),
Appendices
Title Added Amended Deleted Justification
(See below
for keys)
Ch. 1, Div. II SCOPE OF ADMINISTRATION A
Part 1 Scope of Application A
Part 2 Administration and Enforcement A
101.1 Title A
101.2.1 Appendices A
101.4 Referenced codes A
101.4.8 Historical Buildings A
101.4.9 Electrical A
101.4.10 Residential Buildings A
101.4.11 Green Building Standards A
101.4.12 International Swimming and Spa Code A
103.1 Creation of enforcement agency A
103.2 Appointment A
103.3 Deputies A
104.2.1 Determination of substantially improved
or substantially damaged existing buildings
and structures in flood hazard zones
C, T
104.10.1 Flood hazard area C, G, T
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105.2 Work exempt from work A
105.3.2 Time limitation of applications A
105.5 Expiration A
105.5.1 Term limits for permits A
106.1 Live load posted G , T
109.6 Refunds A
109.7 Re-Inspection fees A
110.2.1 Preliminary accessibility compliance
inspection
A
110.3.3 Lowest floor elevation A
111.1 Use and occupancy A
111.1.1 Change of occupancy or tenancy A
111.3 Temporary occupancy A
111.5 Posting A
113.1 Means of Appeals A
114.1 Unlawful acts A
114.2 Criminal enforcement authority A
115.1 Authority A
115.2 Issuance A
115.3 Unlawful continuance A
115.4 Removal of posted stop work order A
115.5 Response required A
115.6 Permit application required A
115.7 Stop work order penalty A
502.1 Address identification T
502.1.1 Address illumination T
502.1.2 Address identification size T
702A WILDLAND-URBAN INTERFACE FIRE AREA -
Definitions
C, T
903.2 Automatic sprinkler system, where
required
903.3.1.1 NFPA 13 sprinkler systems G, T
903.3.1.2 NFPA 13R sprinkler systems G, T
903.3.1.3 NFPA 13D sprinkler systems G, T
903.3.1.3.1 Increase in fire sprinkler design criteria G, T
903.4.3 Floor control valves G, T
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905.3.1 Height G, T
907.2.11.10 Replacement G, T
909.20.7 Smoke control systems G,T
1031.2 Where required G, T
1008.3.3 Rooms and spaces G, T
1205.3.4 Roof guards at courts G
1208.5 Dwelling unit and congregate residence
superficial floor area
A, G
1503.2.1 Locations C
1612.1.1 Palo Alto Flood Hazard Regulations C, T
1613.5 Suspended ceilings G
1613.5.1 Scope G
1613.5.2 General G
1613.5.3 Sprinkler heads G
1613.5.4 Special requirements for means of egress G
1613.5.4.1 General G
1613.5.4.2 Assembly device G
1613.5.4.3 Emergency systems G
1613.5.4.4 Supports for appendage G
1613.5 ASCE 7, Section 13.1.4 Seismic design
requirements for nonstructural
components
G
1705.3 Concrete construction G
1803.2 Investigations required G
1803.5.11 Seismic design categories C through F G, T
1809.7 Prescriptive footings for light-frame
construction
G, T
Tbl. 1809.7 Prescriptive footings for light-frame
construction
G, T
1809.8 Plain concrete footings G, T
1901.2 Plain and reinforced concrete G, T
1905.1.7 ACI 318, Section 14.1.4 G, T
1906 FOOTINGS FOR LIGHT-FRAME
CONSTRUCTION
G, T
1906.1 Plain concrete footings G, T
1907.1 General G, T
2305.4 Hold-down connections G, T
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2307.2 Wood-framed shear walls G, T
2308.6.4 Braced wall panel construction G, T
2308.6.5 Alternative bracing G, T
Tbl.
2308.6.1
Wall Bracing Requirements.
Footnote “b”
G, T
Tbl.
2308.6.3(1)
Bracing Methods
Footnote “b”
G, T
2308.6.9 Attachment of sheathing G, T
2505 SHEAR WALL CONSTRUCTION G, T
2508.6 Horizontal gypsum board or gypsum panel
product diaphragm ceilings
G, T
Ch. 31B Public Pools G, T
3304.1 Excavation and fill G, T
Appx. I Patio Covers A, G
Appx. J Grading (Section J109.4 Drainage across
property lines)
G, T
Appx. P Emergency Housing A, C, G, T
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Exhibit B
FINDINGS FOR LOCAL AMENDMENTS TO CALIORNIA EXISTING BUILDING CODE,
Title 24, Part 10
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: California Existing Building Code, Title, 24, Part 10
Chapter(s),
Section(s),
Table(s),
Appendices
Title Added Amended Replaced Justification
(See below for keys)
101.6 Appendices A
Ch. 1, Div. II Scope and Administration A
101.1 Title A
324 Dwelling unit and congregate
residence superficial floor area.
A, G
503.19 Suspended ceiling system G
503.20 Mechanical and electrical
equipment in seismic design
categories D, E or F
G
405.2.3.1 405.2.3.1 Seismic evaluation and
design procedures for repairs
G
405.2.3.1.1 CEBC level seismic forces G
Tbl.
405.2.3.1
ASCE 41 PERFORMANCE LEVELS G
405.2.3.1.2 Reduced CEBC level seismic forces G
Appx. A1 Seismic Strengthening Provisions
for Unreinforced Masonry Bearing
Wall Buildings
G, T
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Appx. A2 Earthquake Hazard Reduction in
Existing Reinforced Concrete and
Reinforced Masonry Wall Buildings
with Flexible Diaphragms
G, T
Appx. A3 Prescriptive Provisions for Seismic
Strengthening of Cripple Walls and
Sill Plate Anchorage of Light, Wood-
Frame Residential Buildings
G, T
Appx. A4 Earthquake Risk Reduction in Wood-
Frame Residential Buildings with
Soft, Weak or Open Front Walls
G, T
Appx. A5 Referenced Standards G, T
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Key to Justification for Amendments to Title 24 of the California Code of Regulations
A This is an administrative amendment to clarify and establish civil and administrative
procedures, regulations, or rules to enforce and administer the activities by the Palo Alto Building
Inspection Department. These administrative amendments do not need to meet HSC
18941.5/17958/13869 per HSC 18909(c).
C This amendment is justified based on 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 based on 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 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 wastewater
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.
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Ordinance No. ___
Ordinance of the Council of the City of Palo Alto Repealing Chapter
16.05 of the Palo Alto Municipal Code and Amending Title 16 to Adopt a
New Chapter 16.05, California Mechanical Code, 2022 Edition,
and Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.05 of the Palo Alto Municipal Code is hereby amended by repealing in its
entirety 16.05 and adopting a new Chapter 16.05 to read as follows:
CHAPTER 16.05
CALIFORNIA MECHANICAL CODE,
CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 4
Sections
16.05.010 2022 California Mechanical Code, Title 24, Part 4 adopted and amended.
16.05.020 Cross - References to California Mechanical Code.
16.05.030 Local Amendments.
16.05.040 Administration & Enforcement of 2022 California Mechanical Code.
16.05.045 Adoption of Chapter 1, Division II Administration.
16.05.050 Section 102.8 Appendices.
16.05.060 Section 104.2 Exempt from this code.
16.05.070 Section 510.7 Interior installations.
16.05.010 2022 California Mechanical Code, Title 24, Part 4 adopted and amended.
The California Mechanical Code, 2022 Edition, Title 24, Part 4 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 editions of the California Code of Regulations,
Title 24 shall be construed to apply to the corresponding provisions contained within the California
Code of Regulations, Title 24, 2022. Ordinance No. 5478 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 Mechanical Code" or "Mechanical 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 Mechanical Code, 2022 Edition, Title 24, Part 4 of the California Code of Regulations,
as adopted by this Chapter.
One copy of the California Mechanical Code, 2022 edition, has been filed for use and examination
of the public in the Office of the Building Official of the City of Palo Alto.
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16.05.020 Cross - References to California Mechanical Code.
The provisions of this Chapter contain cross-references to the provisions of the California
Mechanical Code, 2022 Edition, in order to facilitate reference and comparison to those
provisions.
16.05.030 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions
of the California Mechanical Code, 2022 Edition, and shall be deemed to replace the cross-
referenced sections of said Code with the respective provisions set forth in this Chapter.
16.05.040 Administration & Enforcement of 2022 California Mechanical Code.
Administration and enforcement of this code shall be governed by Chapter 1, Division II of the
2022 California Building Code as amended by Palo Alto Municipal Code Chapter 16.04.
16.05.045 Adoption of Chapter 1, Division II Administration.
Chapter 1, Division II Administration of the 2022 California Mechanical Code is adopted by the
City of Palo Alto to supplement, to the extent it does not conflict with, Chapter 1, Division II of
the 2022 California Building Code, as amended.
16.05.050 Section 102.8 Appendices.
The following Appendix Chapters of the California Mechanical Code, 2022 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 B – Procedures to be followed to place gas equipment in operation
B. Appendix C – Installation and testing of oil (liquid) fuel-fired equipment
C. Appendix G – Sizing of venting systems and outdoor combustion and ventilation
opening design
16.05.060 Section 104.2 Exempt from this code.
Subdivision (6) of Section 104.2 of Chapter 1 of the California Mechanical Code is added to read:
(6) ADDITIONAL EXCEPTIONS: Reference Mechanical Section under PAMC 16.04.110
Section 105.2 Work exempt from permit.
16.05.070 Section 510.7 Interior installations.
Section 510.7 of Chapter 5 of the California Mechanical Code is amended to read:
Section 510.7 Interior installations. In all buildings, the ducts shall be enclosed in a
continuous enclosure extending from the lowest fire-rated ceiling or floor above the
hood, through any concealed spaces, to or through the roof so as to maintain the
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integrity of the fire separations required by the applicable building code provisions.
The enclosure shall be sealed around the duct at the point of penetration of the
lowest fire-rated ceiling or floor above the hood in order to maintain the fire
resistance rating of the enclosure and shall be vented to the exterior of the building
through weather-protected openings. [NFPA 96:7.7.1.2 – 7.7.1.4]
SECTION 2. The Council adopts the findings for local amendments to the California Mechanical
Code, 2022 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.
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:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and Development Services
____________________________
Director of Administrative Services
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Exhibit A
FINDINGS FOR LOCAL AMENDMENTS TO CALIFORNIA MECHANICAL CODE,
TITLE 24, PART 4
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: California Mechanical Code, Title, 24, Part 4
Chapter(s),
Sections(s),
Appendices
Title Added Amended Replaced Justification
(See below
for keys)
Ch. 1, Div. II ADMINSTRATION A
102.8 Appendices A
Administration and Enforcement A
104.2 Exempt from this code A
510.7 Interior installations G
Appx. B Procedures to be followed to place gas
equipment in operation
A
Appx. C Installation and testing of oil (liquid) fuel-
fired equipment
A
Appx. G Sizing of venting system and outdoor
combustion and ventilation opening
design
A
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Key to Justification for Amendments to Title 24 of the California Code of Regulations A This is an administrative amendment to clarify and establish civil and administrative procedures, regulations, or rules to enforce and administer the activities by the Palo Alto Building Inspection Department. These administrative amendments do not need to meet HSC 18941.5/17958/13869 per HSC 18909(c). C This amendment is justified based on 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 based on 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 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 wastewater 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.
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Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Repealing
Chapter 16.06 of the Palo Alto Municipal Code and Adopting a
New Chapter 16.06, California Residential Code, 2022 Edition,
and Local Amendments and Related Findings, and Amending
Section Chapter 16.52, Flood Hazard Regulations, to Make
Conforming Changes
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:
CHAPTER 16.06
2022 California Residential Code,
CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 2.5
Sections
16.06.010 2022 California Residential Code adopted and amended.
16.06.015 Local Amendments.
16.06.020 2022 California Residential Code Appendix Chapters adopted.
16.06.030 Cross - References to California Residential Code.
16.06.040 Administration of California Residential Code.
16.06.050 Section R202 Definitions.
16.06.060 Table 301.2 Climatic and Geographic Design Criteria.
16.06.070 Section R301.2.2.6 Irregular buildings.
16.06.075 Section R304.4 Dwelling unit and congregate residence superficial floor area.
16.06.080 Section R310 Emergency escape and rescue openings.
16.06.090 Section R310.4.2.3 Window well fall protection.
16.06.100 Section R310.4.1 Security bars.
16.06.110 Section R313.1.1 Design and installation.
16.06.120 Section R313.2 One- and two-family dwellings automatic fire sprinkler systems.
16.04.130 Section R313.2.1 Design and installation.
16.04.140 Section R313.2.2 NFPA 13D sprinkler systems increase in design requirements.
16.04.150 Section R313.3 Dwelling unit fire sprinkler systems.
16.06.160 Section R314.1 Smoke detection and notification.
16.06.170 Section R314.1.1 Smoke alarms or detector end of life replacement
16.06.180 Section R315.7.5. Carbon Monoxide alarms
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16.06.190 Section R319.1 Address numbers.
16.06.200 Section R322.1 General (Palo Alto Flood Hazard Regulations).
16.06.210 Section R337.1.5 Vegetation management compliance
16.06.220 Section R401 GENERAL
16.06.225 Section R402.2.1 Materials for concrete
16.06.230 Section R403 FOUNDATION.
16.06.240 Section R404.1.3 Concrete foundation walls.
16.06.250 Section R504.3.1 Projections exposed to weather
16.06.260 Section R506.1 General
16.06.270 Section R602.10.4.5 Limits on methods GB and PCP
16.06.280 Table R602.10.3(3) Bracing requirements based on seismic design category
16.06.290 Section R608.5 Materials
16.06.300 Section R703.8.5.1 Locations.
16.06.310 Section R902.1.4 Roofing requirements in a Wildland-Urban Interface Fire Area
16.06.320 Section R1003.9.2.1 Repairs, replacements, and alterations
16.06.330 Section AJ103 Preliminary Meeting
16.06.010 2022 California Residential Code adopted and amended.
The California Residential Code, 2022 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, 2019,
shall be construed to apply to the corresponding provisions contained within the California Code of
Regulations, Title 24, 2022. Ordinance No. 5509 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, 2022 Edition, Title 24, Part 2.5 of the California Code
of Regulations, as adopted by this Chapter.
One copy of the California Residential Code, 2022 Edition, has been filed for use and examination of
the public in the Office of the Building Official of the City of Palo Alto.
16.06.015 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced
provisions of the California Residential Code, 2022 Edition, and shall be deemed to replace the
cross-referenced sections of said Code with the respective provisions set forth in this Chapter.
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Where used in this Chapter 16.06, ellipses shall indicate text of the California Residential
Code, 2022 Edition, that has been adopted without amendment but is omitted for brevity.
16.06.020 2022 California Residential Code Appendix Chapters adopted.
The following Appendix Chapters of the California Residential Code, 2022 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 AH – Patio Covers
B. Appendix AJ – Existing Building and Structures
C. Appendix AK – Sound Transmission
D. Appendix AX – Swimming Pool Safety Act
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, 2022 Edition, in order to facilitate reference and comparison to those provisions.
16.06.040 Administration of California Residential Code
Chapter 1, Division II of the 2022 California Residential Code is replaced in its entirety by
Chapter 1, Division II of the 2022 California Building Code as amended by Palo Alto Municipal
Code Chapter 16.04.
16.06.050 Section R202 Definitions.
Section R202 of the California Residential Code is amended to include the following definitions:
SUPERFICIAL FLOOR AREA. "Superficial floor area" is the net floor area within the
enclosing walls of the room in which the ceiling height is not less than seven feet
six inches, excluding built-in equipment such as wardrobes, cabinets, kitchen
units, or fixtures which are not readily removable.
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.
16.06.060 Table 301.2 Climatic and Geographic Design Criteria.
Table 301.2 of the California Residential Code is amended to read:
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TABLE R301.2
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND WIND DESIGN SEISMIC SUBJECT TO DAMAGE FROM
SNOW LOAD Speed
(mph)
Topographic
effects
DESIGN
CATEGORY
Weathering Frost
line
depth
Termite
0 92 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)
16.06.070 Section R301.2.2.6 Irregular buildings.
Section R301.2.2.6 of the California Residential Code is amended as follows:
The seismic provisions of this code shall not be used for structures, or portions thereof, located
in Seismic Design Categories C, D0, D1 and D2 and considered to be irregular in accordance
with this section. A building or portion of a building shall be considered to be irregular where
one or more of the conditions defined in Items 1 through 8 occur. Irregular structures, or
irregular portions of structures, shall be designed in accordance with accepted engineering
practice to the extent the irregular features affect the performance of the remaining structural
system. Where the forces associated with the irregularity are resisted by a structural system
designed in accordance with accepted engineering practice, the remainder of the building shall
be permitted to be designed using the provisions of this code.
1. Shear wall or braced wall offsets out of plane. Conditions where exterior shear wall
lines or braced wall panels are not in one plane vertically from the foundation to the
uppermost story in which they are required.
2. Lateral Support of roofs and floors. Conditions where a section of floor or roof is not
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laterally supported by shear walls or braced wall lines on all edges.
Exception: Portions of floors that do not support shear walls, braced wall panels
above, or roofs shall be permitted to extend not more than 6 feet (1829 mm)
beyond a shear wall or braced wall line.
3. Shear wall or braced wall offsets in plane. Conditions where the end of a braced wall
panel occurs over an opening in the wall below.
4. Floor and roof opening. Conditions where an opening in a floor or roof exceeds the
lesser of 12 feet (3658 mm) or 50 percent of the least floor or roof dimension.
5. Floor level offset. Conditions where portions of a floor level are vertically offset.
6. Perpendicular shear wall and wall bracing. Conditions where shear walls and braced
wall lines do not occur in two perpendicular directions.
7. Wall bracing in stories containing masonry or concrete construction. Conditions
where stories above grade plane are partially or completely braced by wood wall
framing in accordance with Section R602 or cold-formed steel wall framing in
accordance with Section R603 include masonry or concrete construction. Where this
irregularity applies, the entire story shall be designed in accordance with accepted
engineering practice.
Exceptions: Fireplaces, chimneys and masonry veneer in accordance with this code.
8. Hillside light-frame construction. Conditions in which all of the following apply:
8.1 The grade slope exceeds 1 unit vertical in 5 units horizontal where averaged
across the full length of any side of the dwelling.
8.2 The tallest cripple wall clear height exceeds 7 feet (2134 mm), or where a post
and beam system occurs at the dwelling perimeter, the post and beam system
tallest post clear height exceeds 7 feet (2134 mm).
8.3 Of the total plan area below the lowest framed floor, whether open or enclosed,
less than 50 percent is living space having interior wall finishes conforming to
Section R702.
Where Item 8 is applicable, design in accordance with accepted engineering practice
shall be provided for the floor immediately above the cripple walls or post and beam
system and all structural elements and connections from this diaphragm down to and
including connections to the foundation and design of the foundation to transfer lateral
loads from the framing above.
Exception: Light-frame construction in which the lowest framed floor is supported
directly on concrete or masonry walls over the full length of all sides except the
downhill side of the dwelling need not be considered an irregular dwelling under
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Item 8.
16.06.75 Section R304.4 Dwelling unit and congregate residence superficial floor area.
Section R304.4 of the California Residential Code is amended to read:
R304.4 Dwelling unit and congregate residence superficial floor area. Every dwelling
unit and congregate residence shall have at least one room which shall have not less
than 120 square feet of superficial floor area. Every room which is used for both
cooking and living or both living and sleeping purposes shall have not less than 144
square feet of superficial floor area. Every room used for sleeping purposes shall have
not less than 70 square feet of superficial floor area. When more than two persons
occupy a room used for sleeping purposes the required superficial floor area shall be
increased at the rate of 50 square feet for each occupant in excess of two. Guest
rooms with cooking shall contain the combined required superficial areas of a sleeping
and a kitchen, but not less than 144 square feet. Other habitable rooms shall be not
less than 70 square feet.
Notwithstanding any provision of this Section, children under the age of six shall not
be counted for purposes of determining whether a family with minor children
complies with the provisions of this Code.
For the purposes of this section, "superficial floor area" means the net floor area
within the enclosing walls of the room in which the ceiling height is not less than seven
feet six inches, excluding built-in equipment such as wardrobes, cabinets, kitchen
units, or fixtures which are not readily removable.
16.06.080 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
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)
16.06.090 Section R310.4.2.3 Window well fall protection.
Section R310.4.2.3 of the California Residential Code is added to read:
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R310.4.2.3 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 R310.4.2.1 and shall extend from the bottom of the well to the top
of the guard. Grates or similar barriers shall not be installed over the window well.
16.06.100 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.
16.06.110 Section R313.1.1 Design and installation.
Section 313.1.1 of the California Residential Code is amended to read:
R313.1.1 Design and installation. Where allowed, automatic sprinkler systems installed
in townhouses shall be installed throughout in accordance with NFPA 13 and State and
local standards.
16.06.120 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 and contain no interior
plumbing fixtures.
2. An automatic sprinkler system shall be provided throughout all existing
buildings when modifications are made 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.
3. An automatic sprinkler system shall be provided throughout all new or altered
basements used for storage/utility/occupancy or habitable space regardless of
size and throughout existing basements that are expanded by more than 50%.
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If the addition or alteration is only the basement, then only the basement is
required to be fire sprinkler protected
4. An automatic sprinkler system shall be installed throughout when either the
roof structure and/or exterior wall structure have been removed, altered and/or
replaced by at least 50% of the existing structure.
5. 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.
16.04.130 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 State and local standards.
Fire sprinkler protection is required under rear covered patios extending over 4 feet
perpendicular from the exterior of the structure.
16.04.140 Section R313.2.2 NFPA 13D sprinkler systems increase in design
requirements.
Section R313.2.2 of the California Residential Code is added to read as follows:
R313.2.2 Section R313.2.2 NFPA 13D sprinkler systems increase in design
requirements. In a higher fire fighting hazardous conditions a four head fire sprinkler
calculation and coverage in all closets, bathrooms and attics will be required in
Residential and Group U Occupancies as determined by the Fire Code Official in the
following conditions:
1. Structures located in the High Hazardous Fire Areas.
2. Structures where the combined fire area is 3600 sq ft or larger.
3. Structures located 150 ft or greater from the Fire Department access roadways.
4. Basements and below grade structures.
16.04.150 Section R313.3 Dwelling unit fire sprinkler systems.
Section R313.3 of the California Residential Code is deleted in its entirety and amended as
follows:
R313.3 Dwelling unit fire sprinkler systems. Fire sprinkler systems shall be designed
and installed in accordance with NFPA 13D, State and local standards.
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16.06.160 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 alarms or detectors shall
be of the photoelectric type or shall have equivalent detection capabilities in
compliance with UL 217.
Exception: A photoelectric smoke alarm or detector shall be installed if located
within 20 feet to a kitchen, fireplace or woodburning stove or within 5 feet of a
bathroom.
16.06.170 Section R314.1.1 Smoke alarms or detector end of life replacement.
Section R314.2 of the California Residential Code is added to read:
R314.1.1 Smoke alarms or detector end of life replacement. Smoke alarms or
detectors shall be replaced every 10 years or according to the manufacture
guidelines, whichever is more restrictive.
16.06.180 Section R315.7.5. Carbon Monoxide alarms.
Section R315.7.5 of the California Residential Code is added to read:
R315.7.5 Carbon Monoxide alarms or detectors end of life replacement. Carbon
monoxide alarms or detectors shall be replaced every 10 years or according to the
manufacture guidelines, whichever is more restrictive.
16.06.190 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.
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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 (12”) high is required.
16.06.200 Section R322.1 – General (Palo Alto Floor Hazard Regulations).
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
R322, 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 more stringent
requirements shall apply.
16.06.210 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.
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.
16.06.220 Section R401 GENERAL.
Section 401 of the California Residential Code is amended to read:
R401.1 – R401.3 {CRC text not modified}
R401.4 Soils tests. Exception is added at end of the CRC text as follows:
Exception: Refer to PAMC 16.04.295
R401.4.1 Geotechnical evaluation. When permitted by the building official or designee,
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in lieu of a complete geotechnical evaluation, the load bearing values in T401.4.1 shall
be assumed.
R401.4.1.1 – R401.4.2 {CRC text not modified}
16.06.225 Section R402.2.1 Materials for concrete.
Section 402.2.1 of the California Residential Code is amended to read:
R402.2.1 Materials for concrete. Materials for concrete shall comply with the
requirements of Section R608.5.1, as amended by PAMC 16.14.250.
16.06.230 Section R403 FOUNDATION.
Section R403 of the California Residential Code is amended as follows:
R403.1 – R403.1.1 {CRC text not modified}
R403.1.2 Continuous footing in Seismic Design Categories D0, D1, and D2. Exterior
walls of buildings located in Seismic Design Categories D0, D1 and D2 shall be supported
by continuous solid or fully grouted masonry or concrete footings. All required interior
braced wall panels in buildings located in Seismic Design Categories D0, D1 and D2 shall
be supported on continuous foundations.
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 and two No. 4
horizontal bars shall be located 3 to 4 inches (76 mm to 102 mm) from the bottom of
the footing.
R403.1.3.2 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
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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.
R403.1.3.3 – R403.1.7.4 {CRC text not modified}
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 as amended in Municipal Code Section 16.04.300.
R403.1.8.1 {CRC text not modified}
16.06.240 Section R404.1.3 Concrete foundation walls.
Section 404.1.3 of the California Residential Code is amended to read:
R404.1.3 Concrete Foundation Walls. Concrete foundation walls that support light-
frame walls shall be designed and constructed in accordance with the provisions of this
section, ACI 318, ACI 332, or PCA 100, as amended by PAMC Section 16.14.250.
Concrete foundation walls that support above-grade concrete walls that are within the
applicability limits of Section R608.2 shall be designed and constructed in accordance
with the provisions of this section, ACI 318, ACI 332, or PCA 100, as amended by PAMC
Section 16.14.250. Concrete foundation walls that support above-grade concrete walls
that are not within the applicability limits of Section R608.2 shall be designed and
constructed in accordance with the provisions of ACI 318, ACI 332, or PCA 100, as
amended by PAMC Section 16.14.250. When ACI 318, ACI 332, PCA 100 or the
provisions of this section, as amended by PAMC Section 16.14.250 are used to design
concrete foundation walls, project drawings, typical details and specifications are not
required to bear the seal of the architect or engineer responsible for design, unless
otherwise required by the state law of the jurisdiction having authority.
16.06.250 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.
//
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16.06.260 Section R506.1 General.
Section R506.1 of the California Residential Code is amended to read:
R506.1 General. Concrete slab-on-ground floors shall be designed and constructed in
accordance with the provisions of this section of ACI 332, as amended by PAMC Section
16.14.250. Floors shall be a minimum 3 1/2 inches (89mm) thick (for expansive soils, see
Section R403.1.8). The specified compressive strength of concrete shall be as set forth in
Section R402.2.
16.06.270 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.
16.06.280 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:
e. In Seismic Design Categories D0, D1 and D2, Method GB is not permitted and PCP is limited
to one-story dwellings and accessory structures.
16.06.290 Section R608.5 Materials.
Section R608.5 of the California Residential Code is amended to read:
R608.5 Materials. Materials used in the construction of concrete walls shall comply
with this section, as amended by PAMC Chapter 16.14.250.
16.06.300 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.
//
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16.06.310 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.
16.06.320 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.
16.06.330 Section AJ103 Preliminary Meeting.
Section AJ103 of Appendix AJ 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, 2022 Edition, attached hereto as Exhibit “A” and incorporated herein by reference.
SECTION 3. Section 16.52.040 (Definitions) of Chapter 16.52 (Flood Hazard Regulations) of Title 16
(Building) of the Palo Alto Municipal Code is amended to read as follows (additions underlined,
deletions struck through, and omissions of unchanged language noted by [. . .]):
16.52.040 Definitions
(a) The definitions contained hereafter shall govern the interpretation of the terms
defined for the purposes of this chapter, except where the context clearly requires
otherwise. Words used in this chapter and not defined in this section shall be interpreted
so as to give them the meaning they have in common usage and to give this chapter its
most reasonable application.
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(1) "Appeal" means a request for a review of the floodplain administrator's
interpretation of any provision of this chapter or a request for a variance.
(2) "Area of shallow flooding" means a designated AO or AH zone on the Flood
Insurance Rate Map. The base flood depths range from one to three feet; a clearly defined
channel does not exist; the path of flooding is unpredictable and indeterminate; and
velocity flow may be evident.
(3) "Area of Special Flood Hazard." See "Special flood hazard area."
(4) "Base flood" or "one-hundred-year flood" means the flood having a one percent
chance of being equaled or exceeded in any given year.
(5) “Base flood elevation (BFE)” means elevation of flooding, including wave height,
relative to the National Geodetic Vertical Datum (NGVD), North American Datum (NAVD)
or other datum specified on the Flood Insurance Rate Map (FIRM) having a 1% chance of
being equaled or exceeded in any given year.
(6) "Basement" means any area of the building having its floor subgrade (below ground
level) on all sides.
(7) "Breakaway walls" means any type of walls, whether solid or lattice, and whether
constructed of concrete, masonry, wood, metal, plastic or any other suitable building
material which is not part of the structural support of the building and which is designed to
break away under abnormally high tides or wave action without causing any damage to the
structural integrity of the building on which they are used or any buildings to which they
might be carried by floodwaters. A breakaway wall shall have a safe design loading
resistance of not less than ten and no more than twenty pounds per square foot. Use of
breakaway walls must be certified by a registered engineer or architect and shall meet the
following conditions:
(A) Breakaway wall collapse shall result from a water load less than that which would
occur during the base flood; and
(B) The elevated portion of the building shall not incur any structural damage due to the
effects of wind and water loads acting simultaneously in the event of the base flood.
(8) "Coastal high hazard area" is the area subject to high velocity waters, including
coastal and tidal and inundation or tsunamis. The area is designated on the Flood Insurance
Rate Map as Zone V1 - V30, VE or V.
(9) “Design Flood Elevation (DFE) elevation of the design flood, including wave height,
relative to the datum specified on the community’s flood hazard map.
(10) "Development" means any man-made change to improved or unimproved real
estate, including but not limited to buildings or other structures, mining, dredging, filling,
grading, paving, excavation or drilling operations or bulk storage of equipment or materials.
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(11) “Dry Floodproofing” a combination of measures that results in a structure, including the
attendant utilities and equipment, being watertight with all elements substantially impermeable
and with structural components having the capacity to resist flood loads.
(12) "Flood" or "Flooding" means a general and temporary condition of partial or
complete inundation of normally dry land areas from (A) the overflow of floodwaters, (B)
the unusual and rapid accumulation or runoff of surface waters from any source, and/or (C)
the collapse or subsidence of land along the shore of a lake or other body of water as a
result of erosion or undermining caused by waves or currents of water exceeding
anticipated cyclical levels or suddenly caused by an unusually high water level in a natural
body of water, accompanied by a severe storm, or by an unanticipated force of nature, such
as flash flood or an abnormal tidal surge, or by some similarly unusual and unforeseeable
event which results in flooding.
(13) "Flood Boundary and Floodway Map" means the official map on which the Federal
Emergency Management Agency or Federal Insurance Administration has delineated both
the areas of flood hazard and the floodway.
(14) “Flood Control Project” means a dam or barrier design and constructed to keep water
away from or out of a specific area, including but not limited to levees, floodwalls and
channelization.
(15) "Flood Insurance Rate Map" means the official map on which the Federal Emergency
Management Agency or Federal Insurance Administration has delineated both the areas of
special flood hazard and the risk premium zones applicable to the community.
(16) "Flood Insurance Study" means the official report provided by the Federal Insurance
Administration that includes flood profiles, the Flood Insurance Rate Map, the Flood
Boundary and Floodway Map, and the water surface elevation of the base flood.
(17) "Floodplain" or "flood-prone area" means any land area susceptible to being
inundated by water from any flood.
(18) "Floodplain management" means the operation of an overall program of corrective
and preventive measures for reducing flood damage, including but not limited to
emergency preparedness plans, flood control works and floodplain management
regulations.
(19) "Floodplain management regulations" means zoning ordinances, subdivision
regulations, building codes, health regulations, special purpose ordinances (such as
floodplain ordinance, grading ordinance and erosion control ordinance) and other
applications of police power. The term describes such State of California or local regulations
in any combination thereof, which provide standards for the purpose of flood damage
prevention and reduction.
(20) "Floodproofing" means any combination of structural and nonstructural additions,
changes or adjustments to non-residential structures which reduce or eliminate flood
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damage to real estate or improved real property, water and sanitary facilities, structures
and their contents.
(21) "Floodway" or "regulatory floodway" means the channel of a river or other
watercourse and the adjacent land areas that must be reserved in order to discharge the
base flood without cumulatively increasing the water surface elevation more than one foot.
(22) "Functionally dependent use" means a use which has an intended purpose that
cannot be performed, unless it is located or carried out in close proximity to water. The
term includes only docking facilities, port facilities that are necessary for the loading and
unloading of cargo or passengers, and shipbuilding and ship repair facilities, but does not
include long-term storage or related manufacturing facilities.
(23) "Highest adjacent grade" means the highest natural elevation of the ground surface
prior to construction next to the proposed walls foundation of a structure.
(24) "Historic structure" means any structure that is listed individually in the National
Register of Historic Places or in the State of California Register of Historical Resources or
any structure that is listed individually in the current edition of the Palo Alto Master List of
Structures on the Historic Inventory in Category 1 "Exceptional Building" or Category 2
"Major Building" or any structure that has been certified by the Keeper of the National
Register as contributing to the historical significance of a registered historic district.
(25) “Hydrodynamic Loads” loads imposed on an object by water flowing against and
around it.
(26) “Hydrostatic Loads” loads imposed on an object by standing mass of water.
(27) “Letter of map change (LOMC)” means an official determination issued by FEMA that
amends or revises an effective Flood Insurance Rate Map or Flood Insurance Study through a
Letter of Map Amendment (LOMA), Letter of Map Revision (LOMR) or Letter of Map Revision
based on fill (LOMR-F).
(A) “Letter of Map Amendment (LOMA)”: An amendment based on technical data
showing the property was incorrectly included in a designated special flood
hazard area. A LOMA amends the current effective Flood Insurance Rate Map
and establishes that a specific property, portion of a property, or structure is not
located in a special flood hazard area.
(B) “Letter of Map Revision (LOMR)”: A revision based on technical data that may
show changes to flood zones, flood elevations, special flood hazard area
boundaries and floodway delineations, and other planimetric features.
(C) “Letter of Map Revision (LOMR-F)”: A determination that a structure or parcel of
land has been elevated by fill above the base flood elevation and is, therefore,
no longer located within the special flood hazard area. In order to qualify for this
determination, the fill must have been permitted and placed in accordance with
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the community’s floodplain management regulation.
(D) “Conditional Letter of Map Revision (CLOMR)”: A formal review and comment as
to whether a proposed flood protection project or other project complies with
the minimum NFIP requirements for such projects with respect to delineation of
special flood hazard area. A CLOMR does not revise the effective Flood Insurance
Rate Map or Flood Insurance Study, upon submission and approval of certified
as-built documentation, a Letter of Map Revision may be issued by FEMA to
revise the effective FIRM.
(28) "Lowest floor" means the lowest floor of the lowest enclosed area, including
basement.
(A) An unfinished or flood resistant enclosure below the lowest floor that is
usable solely for the parking of vehicles, building access or storage in an area
other than a basement area is not considered a building's lowest floor,
provided that it conforms to the applicable non-elevation design
requirements, including but not limited to:
(i) The standard set forth in subdivision (3) of subsection (c) of Section
16.52.130;
(ii) The anchoring standards set forth in subdivision (1) of subsection (a) of
Section 16.52.130;
(iii) The construction materials and methods standards set forth in
subsection (b) of Section 16.52.130; and
(iv) The standards for utilities set forth in Section 16.52.140.
(B) For residential structures, all subgrade enclosed areas are prohibited as they are
considered to be basements. This prohibition includes below-grade garages, storage
areas and subfloor crawl spaces, except existing below-grade subfloor crawl spaces
meeting the standards set forth in subsection (d) of Section 16.52.130.
(29) "Manufactured home" means a structure, transportable in one or more sections,
which is built on a permanent chassis and is designed for use with or without a permanent
foundation when it is attached to the required utilities. The term does not include a
recreational vehicle.
(30) "Manufactured home park or subdivision" means a parcel (or contiguous parcels) of
land divided into two or more manufactured home lots for sale or rent.
(31) "Market value of the structure" means that value of a structure determined by
estimating the cost to replace the structure in a new condition and adjusting that cost
figure by the amount of depreciation which has accrued since the structure was
constructed. The cost of replacement of the structure shall be based on a square foot cost
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factor determined by reference to a building cost estimating guide recognized by the
building construction industry, as approved by the floodplain administrator. The amount
of depreciation shall be determined by taking into account the age and physical
deterioration of the structure and functional obsolescence, as approved by the floodplain
administrator, but shall not include economic or other forms of external obsolescence.
The use of replacement costs or accrued depreciation factors different from those
contained in recognized building cost estimating guides may be approved at the
discretion of the floodplain administrator only if such factors are included in a report
prepared by an independent professional appraiser and supported by a written
explanation of the differences.
(32) "Mean sea level" means, for purposes of the National Flood Insurance Program, the
National Geodetic Vertical Datum (NGVD) of 1929 or other datum, to which base flood
elevations shown on a community's Flood Insurance Rate Map are referenced.
(33) "New construction," for floodplain management purposes, means structures for
which the "start of construction" commenced on or after the effective date of floodplain
management regulations adopted by this community, and includes any subsequent
improvements to such structures.
(34) "Person" means an individual or his agent, firm, partnership, association or
corporation, or agent of the aforementioned groups, or the State of California or its
agencies or political subdivisions.
(35) "Recreational vehicle" means a vehicle which:
(A) Is built on a single chassis;
(B) Measures 400 square feet or less at its largest or widest horizontal
projection;
(C) Is designed to be self-propelled or permanently towable by a small truck;
(D) Is designed primarily not for use as a permanent dwelling but as
temporary living quarters for recreational, seasonal use camping or travel;
and
(E) Incorporates a vehicle that is defined by the State of California as a camp
trailer, camper, fifth-wheel travel trailer, or house car.
(36) "Remedy a violation" means to bring the structure or other development into
compliance with the State of California or local floodplain management regulations, or, if
this is not possible, to reduce the impacts of its noncompliance. Ways that impacts may
be reduced include protecting the structure or other affected development from flood
damages, implementing the enforcement provisions of this chapter or otherwise
deterring future similar violations, or reducing federal or State of California financial
exposure with regard to the structure or other development.
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(37) "Riverine" means relating to, formed by, or resembling a river (including tributaries),
stream, or brook.
(38) "Sand dunes" means naturally occurring accumulations of sand in ridges or mounds
landward of the beach.
(39) "Special flood hazard area (SFHA)" means an area having special flood or flood-
related erosion hazards, and shown on the Flood Insurance Rate Map as Zone A, AO, Al -
A30, AE, AH, V1 - V30, VE or V.
(40) "Start of construction" includes substantial improvement and other proposed new
development, and means the date on which the building permit was issued, provided the
actual start of construction, repair, reconstruction, rehabilitation, addition, placement, or
other improvement commenced within 180 days from the date of issuance of the permit.
The actual start means either the first placement of permanent construction of a
structure on a site, such as the pouring of slab or footings, the installation of piles, the
construction of columns, or any work beyond the stage of excavation; or the placement
of a manufactured home on a foundation. Permanent construction does not include land
preparation, such as clearing, grading and filling; nor does it include the installation of
streets and/or walkways; nor does it include excavation for a basement, footings, piers,
or foundations or the erection of temporary forms; nor does it include the installation on
the property of accessory buildings, such as garages or sheds not occupied as dwelling
units or not part of the main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or other part of a
structure, whether or not that alteration affects the external dimensions of the structure.
(41) "Structure" means a walled and roofed building, including but not limited to a gas
or liquid storage tank, that is principally above ground, as well as a manufactured home.
(42) "Substantial damage" means damage of any origin sustained by a structure,
whereby the cost of restoring the structure to its original damage-free condition would
equal or exceed fifty percent of the market value of the structure before the damage
occurred.
(43) "Substantial improvement" means any reconstruction, rehabilitation, addition, or
other proposed new development of a structure, the cost of which equals or exceeds fifty
percent of the market value of the structure before the start of construction of the
improvement. This term includes a structure which has incurred substantial damage,
regardless of the actual repair work to be performed.
The term shall not include:
(A) Any project, or any portion of a project, for improvement of a structure
undertaken in response to a finding by the local code enforcement official
that there are existing violations of State of California or local health, sanitary,
or safety code specifications which render the structure unfit for human
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occupancy; or
(B) Any alteration of an historic structure, provided that the alteration will
not result in the termination of a structure's continued designation as an
historic structure; or
(C) Any project, or any portion of a project, for improvement of a structure
that is required to comply with the Americans with Disabilities Act of 1990
(42 U.S.C. Section 12101 et.seq.).
(44) "Variance" means a grant of relief from the requirements of this chapter which
permits construction in a manner that would otherwise be prohibited by this chapter.
(45) "Violation" means the failure of a structure or other development to be fully
compliant with the community's floodplain management regulations. A structure or other
development without the elevation certificate, other certifications, or other evidence of
compliance required in this chapter is presumed to be in violation until such time as that
documentation is provided.
(46) “Wet Floodproofing” Floodproofing method that relies on the use of flood damage-
resistant materials and construction techniques in areas of a structure that are below the
elevation required by this standard by intentionally allowing those areas to flood.
SECTION 4. Section 16.52.075 (Requirement to submit new technical data.) of Chapter 16.52
(Flood Hazard Regulations) of Title 16 (Building) of the Palo Alto Municipal Code is added to
read as follows:
16.52.075 Requirement to submit new technical data.
A community's base flood elevations may increase or decrease resulting from physical changes
affecting flooding conditions. As soon as practicable, but not later than six months after the
date such information becomes available, the City shall notify FEMA of the changes by
submitting technical or scientific data. Such submission is necessary so that, upon confirmation
of those physical changes affecting flooding conditions, risk premium rates and flood plain
management requirements will be based upon current data.
SECTION 5. Section 16.52.110 (Development permit required) of Chapter 16.52 (Flood Hazard
Regulations) of Title 16 (Building) of the Palo Alto Municipal Code is amended to read as follows
(ellipses indicate existing language that is unchanged but omitted for brevity):
16.52.110 Development permit required.
[. . .]
(b) The foundation design details, including but not limited to:
(1) The proposed elevation in relation to mean sea level, of the lowest floor, including
basement, of all structures;
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(2) For a crawl-space foundation, the location and total net area of foundation
openings as required in this ordinance and applicable Federal Emergency Management
Agency technical bulletins, including but not limited to, TB 1-93 and TB 7-93; and
(3) For foundations placed on fill, the location and height of the fill, and compaction
requirements (compacted to ninety-five percent using the Standard Proctor Test
method);
(c) Proposed elevation in relation to mean sea level to which any nonresidential
structure will be floodproofed, as required in subdivision (3) of subsection (c) of
Section 16.52.130 and applicable Federal Emergency Management Agency technical
bulletins, including but not limited to TB 3-93;
[. . .]
SECTION 6. Section 16.52.130 (Standards of Construction) of Chapter 16.52 (Flood Hazard
Regulations) of Title 16 (Building) of the Palo Alto Municipal Code is amended to read as follows
(additions underlined, deletions struck through, and omissions of unchanged language noted
by [. . .]):
16.52.130 Standards of construction.
In all areas of special flood hazards the following standards are required:
[. . .]
(c) Elevation and Floodproofing.
(1) In residential new construction and substantial improvement of any residential
structure, the lowest floor, including basement:
(A) In an AO zone, shall be elevated above the highest adjacent grade to height equal
to or exceeding to a height above the highest adjacent grade of not less than the depth
number specified in feet on the Flood Insurance Rate Map plus 1 foot, or elevated at
least two not less than 3 feet above the highest adjacent grade if no depth number is
specified;
(B) In an A zone, shall be elevated at least one foot two feet above the highest adjacent
grade if no depth number is specified or one foot above the base flood elevation,
whichever is higher; or
(C) In all other zones, including Coastal A zones shall be elevated at least one foot
above to or above the base flood elevation.
(D) Basement floors that are below grade on all sides shall be elevated to or above base
flood elevation plus 1 foot, or design flood elevation, whichever is higher.
(E ) Garages and carport floors shall comply with one of the following:
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(i) They shall be elevated to or above the elevations required above in (A), (B) and
(C) or
(ii) They shall be at or above grade on all but one side of the structure and allow the
automatic flow of floodwater into and out of the garage or carport. Where a
garage or carport shall solely be used parking, building access or storage.
Upon the completion of the structure, the elevation of the lowest floor, including
basement, shall be certified by a registered professional engineer or surveyor, and
verified by a community official to be properly elevated. Such certification and
verification shall be provided to the floodplain administrator.
(2) Nonresidential new construction and any substantially improved nonresidential
structure shall either be elevated to conform with subdivision (1) of this subsection (c)
or, together with attendant utility and sanitary facilities:
(A) Shall be floodproofed below the minimum elevation required in subdivision (1)
above so that the structure is watertight with walls substantially impermeable to the
passage of water;
(B) Shall possess structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
(C) Shall be certified by a registered professional engineer that the standards of this
subdivision are satisfied. The certification shall be provided to the floodplain
administrator.
(D) Shall provide a flood emergency plan that includes maintenance and operation
requirements. The plan shall be approved by the floodplain administrator. Plans shall
be recorded as a covenant.
(3) All new construction and substantially improved structures, with fully enclosed
areas below the lowest floor (excluding basements) that are usable solely for the
parking of vehicles, building access or storage, and which are subject to flooding shall
be designed to automatically equalize hydrostatic flood forces on exterior walls by
allowing for the entry and exit of floodwaters. Designs for meeting this requirement
shall comply with the California Building Code guidelines set forth in the applicable
Federal Emergency Management Agency technical bulletins, including but not limited
to TB 1-93 and TB 7-93 and shall meet or exceed the following minimum criteria:
(A) Possess a minimum of two openings on different sides of each enclosed area. If a
building has more than one enclosed area, each area shall have openings with the total
net area of nonengineered openings of not less than one square inch for every square
foot of enclosed area, subject to flooding where the enclosed area is measured on the
exterior of the enclosure walls. The bottom of all openings shall be no higher than one
foot above grade the higher of the final interior grade or floor and the finished exterior
grade immediately under each opening. Openings may be equipped with screens,
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louvers, valves or other coverings or devices provided that they permit the automatic
entry and exit of floodwaters into and out of the enclosed areas and shall be accounted
for in the determination of the net open area; or
(B) Be certified by a registered professional engineer or architect. Construction
documents shall include a statement by a registered design professional that the design
of the openings will provide for equalization of hydrostatic flood forces on exterior walls
by allowing for the automatic entry and exit of floodwaters as specified on Section
2.7.2.2 of ASCE 24.
(C) Openings shall be not less than 3 inches in any direction in the plane of the wall.
(D) Openings shall be permitted to be installed in doors and windows; doors and
windows without installed openings do not meet the requirement of this section.
(4) Manufactured homes shall also meet the standard in Section 16.52.160.
(d) Existing Residential Below Grade Subfloor Crawl Spaces. Notwithstanding the
provisions of subsection (c)(1) for existing residential structures, existing below-grade
subfloor crawl spaces shall be allowed to remain beneath substantially improved
structures provided all other standards of construction set forth in Section 16.52.130
and the following conditions are met:
(1) The lowest floor of the living space of the existing structure is at or above the
elevation required under subsection (c) above;
(2) The below-grade crawl space shall be backfilled to the maximum extent possible
without violating Uniform Building Code requirements for minimum crawl space height;
(3) The crawl space grade is not more than two feet below the lowest adjacent grade
outside the foundation;
(4) The height of the crawl space, measured from the interior grade of the crawl space
to the top of the foundation wall, does not exceed four feet;
(5) There is an adequate drainage system capable of removing floodwaters from the
interior area of the crawl space within seventy-two hours after the flood event; and
(6) The expected velocity of the floodwaters at the site does not exceed five feet per
second.
(e) Prohibition of Residential Basement Construction.
(1) For residential structures located within a Special Flood Hazard Area:
(A) No new basements shall be constructed; and
(B) No existing basements shall be expanded.
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SECTION 7. Section 16.52.160 (Standards of manufactured homes) of Chapter 16.52 (Flood
Hazard Regulations) of Title 16 (Building) of the Palo Alto Municipal Code is amended to read as
follows (additions underlined and deletions struck through):
16.52.160 Standards for manufactured homes.
All new and replacement manufactured homes and additions to manufactured homes
on foundations in flood hazard areas or coastal high-hazard areas shall:
(a) Be elevated so that the lowest floor is at or above the based flood elevation
elevation meets requirements specified in sections 16.52.130 and 16.52.180 as
applicable; and
(b) Be securely anchored to a permanent foundation system to resist flotation,
collapse or lateral movement in accordance with ASCE 24.
SECTION 8. Section 16.52.180 (Coastal high hazard areas) of Chapter 16.52 (Flood Hazard
Regulations) of Title 16 (Building) of the Palo Alto Municipal Code is amended to read as
follows (additions underlined, deletions struck through, and omissions of unchanged
language noted by [. . .]):
16.52.180 Coastal high hazard areas.
Within coastal high hazard areas established in Section 16.52.060 the following
standards shall apply:
(a) All new construction and substantial improvements shall be elevated on
adequately anchored pilings or columns and securely anchored to such pilings or
columns so that the lowest horizontal portion of the structural members of the lowest
floor (excluding the pilings, columns, grade beams and bracing) is elevated to or above
the base flood elevation plus 1 foot or design flood elevation, whichever is higher. Wind
loading values used shall be those required by applicable state or local building
standards.
(b) All new construction and other development shall be located on the landward side
of the reach of mean high tide.
[. . .]
SECTION 9. 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 10. 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:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and Development Services
____________________________
Director of Public Works
____________________________
Director of Administrative Service
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Code: California Residential Code, Title 24, Part 2.5
Chapter(s),
Section(s),
Table(s),
Appendices
Title Add Deleted Amended Justification
(See below
for keys)
R202 Wildland-Urban
Interface Fire Area
T
R202
Superficial floor area
A, G
Table R301.2 Climatic and
Geographic Design
Criteria
C, G, T
R301.2.2.6 Irregular Buildings G
R304.4
Dwelling unit and
congregate residence
A, G
R310 Emergency Escape
and Rescue Openings
C, T
R310.4.2.3 Window Well Fall Protection T
R 310.4.1 Security Bars T
R313.1.1 Design and installation T
R 313.2 One and Two Family
Dwellings
Automatic Spr. Syst.
T
R313.2.1 Design and installation T
R313.2.2 NFPA 13D sprinkler increase
in design requirements
T
R313.3 Dwelling unit fire sprinkler
systems
T
R 314.1 Smoke Detection and
Notification
C, T
R314.1.1 Smoke alarms or detector
end of life replacement
T
315.7.5 Carbon monoxide alarms T
R 319.1 Address Identification T
R 322.1 Flood Hazard Regulations T
R 327.1.5 Vegetation
Management
Compliance
T
R401 General T, G
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R402.2.1 Materials for
concrete
E
R403,
R403.1.2,
R403.1.3,
R403.1.3.1,
R403.1.3.2
Foundation G, T
R 403.1.8 Foundation on expansive
Soils G, T
R404.1.3 Concrete foundation walls E
R 504.3.1 Projections exposed to
weather
G, T
R506.1 Concrete Floors on ground E
R602.10.4.5 Limits on methods GB and
PCP
G
Table
R602.10.3(3)
Bracing Requirements Based
on
Seismic Design Category
G
R608.5 Materials E
R 703.8.5.1 Flashing Locations T
R902.1.4 Roofing Requirements in
Wildland- Urban Interface
Fire Area
T
R1003.9.2.1 Repairs,
Replacements and
Alterations
T
Appendix AH Patio Covers C
Appendix AJ Existing Building and
Structures
C, T
Appendix AK Sound Transmission C
Appendix AX Swimming Pool Safety Act C, G
AJ103,
AJ103.1
Preliminary Meeting,
General
C, G
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Key to Justification for Amendments to Title 24 of the California Code of Regulations
A This is an administrative amendment to clarify and establish civil and administrative
procedures, regulations, or rules to enforce and administer the activities by the Palo Alto Building
Inspection Department. These administrative amendments do not need to meet HSC
18941.5/17958/13869 per HSC 18909(c).
C This amendment is justified based on 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 based on 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 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 wastewater
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.
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Ordinance No. ___
Ordinance of the Council of the City of Palo Alto Repealing Chapter 16.08 of the
Palo Alto Municipal Code and Amending Title 16 to Adopt a New Chapter 16.08,
California Plumbing Code, 2022 Edition, and Local Amendments and Related
Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.08 of the Palo Alto Municipal Code is hereby amended by repealing in its
entirety 16.08 and adopting a new Chapter 16.08 to read as follows:
CHAPTER 16.08
CALIFORNIA PLUMBING CODE,
CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 5
Sections
16.08.010 2022 California Plumbing Code, Title 24, Part 5 adopted and amended.
16.08.020 Cross - References to California Plumbing Code.
16.08.030 Local Amendments.
16.08.040 Administration & Enforcement of 2022 California Plumbing Code.
16.08.050 Adoption of Chapter 1, Division II Administration.
16.08.060 Section 102.8 Appendices.
16.08.070 Section 306.3 Palo Alto sewer use.
16.08.080 Section 701.2, (4) Drainage piping.
16.08.090 Section 719.7 Cleanouts.
16.08.100 Section 808.2 Single pass cooling water systems prohibited.
16.08.110 Section 1014.1.3 Food waste disposal units and dishwashers.
16.08.120 Section 1101.4 Material use.
16.08.130 Section 1101.4.1 Copper and copper alloys.
16.08.140 Section 1101.4.2 Conductors.
16.08.150 Section 1101.4.3 Leaders.
16.08.160 Section 1102.1 Applications.
16.08.010 2022 California Plumbing Code, Title 24, Part 5 adopted and amended.
The California Plumbing Code, 2022 Edition, Title 24, Part 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
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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 editions of the California Code of Regulations,
Title 24, shall be construed to apply to the corresponding provisions contained within the California
Code of Regulations, Title 24, 2022. Ordinance No. 5480 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 Plumbing Code" or "Plumbing 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 Plumbing Code, 2022 Edition, Title 24, Part 4 of the California Code of Regulations, as
adopted by this Chapter.
One copy of the California Plumbing Code, 2022 edition, has been filed for use and examination of
the public in the Office of the Building Official of the City of Palo Alto.
16.08.020 Cross - References to California Plumbing Code.
The provisions of this Chapter contain cross-references to the provisions of the California
Plumbing Code, 2022 Edition, in order to facilitate reference and comparison to those provisions.
16.08.030 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions
of the California Plumbing Code, 2022 Edition, and shall be deemed to replace the cross- referenced
sections of said Code with the respective provisions set forth in this Chapter. Where used in this
Chapter 16.04, ellipses shall indicate text of the California Building Code, 2022 Edition, that has
been adopted without amendment but is omitted for brevity.
16.08.040 Administration & Enforcement of 2022 California Plumbing Code.
Administration and enforcement of this code shall be governed by Chapter 1, Division II of the
2022 California Building Code as amended by Palo Alto Municipal Code Chapter 16.04.
16.08.050 Adoption of Chapter 1, Division II Administration.
Chapter 1, Division II Administration of the 2022 California Plumbing Code is adopted by the City
of Palo Alto to supplement, to the extent it does not conflict with, Chapter 1, Division II of the
2022 California Building Code as amended.
16.08.060 Section 102.8 Appendices.
The following Appendix Chapters of the California Plumbing Code, 2022 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 A – Recommended rules for sizing the water supply system
B. Appendix D – Sizing storm water drainage systems
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16.08.070 Section 306.3 Palo Alto sewer use.
Section 306.3 of Chapter 3 of the California Plumbing Code is added to read:
306.3 Palo Alto sewer use. All non-domestic waste shall comply with the City of Palo Alto Sewer Use
Ordinance (Palo Alto Municipal Code Chapter 16.09). Where discrepancies exist between the
requirements of this code and said ordinance, the provisions of said ordinance shall apply.
16.08.080 Section 701.2, (4) Drainage piping.
Subdivsion (4) of Section 701.2 of Chapter 7 of the California Plumbing Code is amended to
read:
701.2 Drainage Piping
Materials for drainage piping shall be in accordance with one of the referenced standards in
Table 701.2 except that:
[. . .]
(4) Copper, copper alloys, lead and lead alloys, including brass, shall not be used for
building sanitary drainage lines, connectors or seals coming in contact with sewage except
for domestic waste sink traps and short lengths of associated connecting pipes where
alternate materials are impracticable.
Where permitted by the building official or their designee, copper tube for drainage piping
shall have a weight of not less than that of copper drainage tube type DWV.
[. . .]
16.08.090 Section 719.7 Cleanouts.
Section 719.7 of Chapter 7 of the California Plumbing Code is added to read:
719.7 Cleanouts. A cleanout shall be provided at the point of connection between the
building sewer and the city lateral and an approved fitting shall be used to bring the
cleanout riser to grade. Where sewer cleanouts are to be connected to existing city
laterals, such connections shall be accomplished by use of a City of Palo Alto Utility
approved fitting.
16.08.100 Section 808.2 Single pass cooling water systems prohibited.
Section 808.2 of Chapter 8 of the California Plumbing Code is added to read:
808.2 Single pass cooling water systems prohibited. Clean running water used exclusively
as a cooling medium in an appliance, device, or apparatus is prohibited. Refer to PAMC
16.14.350 for additional CALGreen measures.
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16.08.110 Section 1014.1.3 Food waste disposal units and dishwashers.
Section 1014.1.3 of Chapter 10 of the California Plumbing Code is amended to read:
1014.1.3 Food waste disposal units and dishwashers. Unless specifically required or
permitted by the Authority Having Jurisdiction, no dishwasher shall be connected to or
discharge into any grease interceptor. Commercial Food Waste Disposal Units are prohibited.
16.08.120 Section 1101.4 Material use.
Section 1101.4 of Chapter 11 of the California Plumbing Code is amended to read:
1101.4 Material use. Pipe, tube, and fittings conveying rainwater shall be of such
materials and design as to perform their intended function to the satisfaction of
the Authority Having Jurisdiction. Conductors within a vent or shaft shall be of cast-iron,
galvanized steel, wrought iron, Schedule 40 ABS DWV, Schedule 40 PVC DWV, stainless
steel 304 or 316L [stainless steel 304 pipe and fittings shall not be installed underground
and shall be kept not less than 6 inches (152 mm) aboveground], or
other approved materials, and changes in direction shall be in accordance with the
requirements of Section 706.0. ABS and PVC DWV piping installations shall be installed in
accordance with applicable standards referenced in Chapter 17 and the firestop
protection requirements in the California Building Code. Except for individual single-
family dwelling units, materials exposed within ducts or plenums shall have a flame-
spread index of not more than 25 and a smoke-developed index of not more than 50,
where tested in accordance with ASTM E84 or UL 723. Plastic piping installed in plenums
shall be tested in accordance with all requirements of ASTM E84 or UL 723. Mounting
methods, supports and sample sizes of materials for testing that are not specified in ASTM
E84 or UL 723 shall be prohibited.
[HCD 1 & HCD 2] ABS or PVC installations are limited to not more than two stories of areas
of residential accommodation.
[OSHPD 1, 2, 3 & 4] ABS and PVC installations are not allowed.
16.08.130 Section 1101.4.1 Copper and copper alloys.
Section 1101.4.1 of Chapter 11 of the California Plumbing Code is amended to read:
1101.4.1 Copper and copper alloys. Joints and connections in copper and copper alloy
pipe and tube is prohibited.
16.08.140 Section 1101.4.2 Conductors.
Section 1101.4.2 of Chapter 11 of the California Plumbing Code is amended to read:
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1101.4.2 Conductors. Conductors installed aboveground in buildings shall comply with the
applicable standards referenced in Table 701.2 for aboveground drain, waste, and vent pipe.
Conductors installed aboveground level shall be of Schedule 40 copper pipe or Schedule 40
copper alloy pipe; service weight cast-iron soil pipe or hubless cast-iron soil pipe; standard
weight galvanized steel pipe; stainless steel 304 or 316L [stainless steel 304 pipe and
fittings shall not be installed underground and shall be kept not less than 6 inches (152
mm) aboveground], or Schedule 40 ABS or Schedule 40 PVC plastic pipe.
16.08.150 Section 1101.4.3 Leaders.
Section 1101.4.3 of Chapter 11 of the California Plumbing Code is amended to read:
1101.4.3 Leaders. Leaders installed outside shall be in accordance with the applicable
standards referenced in Table 701.2 for aboveground drain, waste, and vent pipe; aluminum
sheet metal; or galvanized steel sheet metal.
16.08.160 Section 1102.1 Applications.
Section 1102.1 of Chapter 11 of the California Plumbing Code is amended to read:
1102.1 Applications. Roof drains shall be constructed of aluminum, cast-iron, stainless steel,
ABS, PVC, polypropylene, polyethylene, or nylon and shall comply with ASME A112.3.1 or
ASME A112.6.4.
SECTION 2. The Council adopts the findings for local amendments to the California Plumbing
Code, 2022 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:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services
____________________________
Director of Administrative Services
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Exhibit A
FINDINGS FOR LOCAL AMENDMENTS TO CALIFORNIA PLUMBING CODE,
TITLE 24, PART 5
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: California Plumbing Code, Title, 24, Part 5
Chapter(s),
Sections(s),
Appendices
Title Added Amended Replaced Justification
(See below
for keys)
Ch. 1, Div. II ADMINSTRATION A
Administration and Enforcement A
306.3 Palo Alto sewer use C
701.2 (4) Drainage piping C
719.7 Cleanouts C
808.2 Single pass cooling water systems
prohibited
C
1014.1.3 Food waste disposal units and dishwashers C
1101.4 Material use C
1101.4.1 Copper and copper alloys C
1101.4.2 Conductors C
1101.4.3 Leaders C
1102.1 Applications C
Appx. A Recommended rules for sizing the water
supply system
A
Appx. D Sizing storm water drainage systems A
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Key to Justification for Amendments to Title 24 of the California Code of Regulations
A This is an administrative amendment to clarify and establish civil and administrative
procedures, regulations, or rules to enforce and administer the activities by the Palo Alto Building
Inspection Department. These administrative amendments do not need to meet HSC
18941.5/17958/13869 per HSC 18909(c).
C This amendment is justified based on 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 based on 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 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 wastewater
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.
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Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Repealing Chapter 16.16 of the
Palo Alto Municipal Code and Amending Title 16 to Adopt a New Chapter 16.16,
California Electrical Code, 2022 Edition, and Local Amendments and Related
Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.16 of the Palo Alto Municipal Code is hereby amended by repealing in its
entirety 16.16 and adopting a new Chapter 16.16 to read as follows:
CHAPTER 16.16
CALIFORNIA ELECTRICAL CODE,
CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 3
Sections
16.16.010 2022 California Electrical Code, Title 24, Part 3 adopted and amended.
16.16.020 Cross - References to California Electrical Code.
16.16.030 Local Amendments.
16.16.040 Adoption of SECTION 89.101 GENERAL.
16.16.050 Article 89.101.3.3 Exempted from This Code.
16.16.060 Article 89.101.4 2022 California Electrical Code Annexes adopted.
16.16.070 Administration & Enforcement of 2022 California Electrical Code.
16.16.080 Article 110.13 Mounting and Cooling of Equipment.
16.16.010 2022 California Electrical Code, Cal. Code of Regs., Title 24, Part 3 adopted and
amended.
The California Electrical Code, 2022 Edition, Title 24, Part 3 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, 2019,
shall be construed to apply to the corresponding provisions contained within the California Code of
Regulations, Title 24, 2022. Ordinance No. 5482 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 Electrical Code" or "Electrical 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
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California Electrical Code, 2022 Edition, as adopted by this Chapter.
One copy of the California Electrical Code, 2022 edition, has been filed for use and examination of
the public in the Office of the Chief Building Official of the City of Palo Alto.
16.16.020 Cross - References to California Electrical Code.
The provisions of this Chapter contain cross-references to the provisions of the California
Electrical Code, 2022 Edition, in order to facilitate reference and comparison to those provisions.
16.16.030 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions
of the California Electrical Code, 2022 Edition, and shall be deemed to replace the cross-referenced
sections of said Code with the respective provisions set forth in this Chapter.
16.16.040 Adoption of SECTION 89.101 GENERAL.
SECTION 89.101 GENERAL of the 2022 California Electrical Code is adopted by the City of Palo
Alto as amended herein.
16.16.050 Article 89.101.3.3 Exempted from This Code.
Section 89.101.3.3 is amended as follows (additions underlined; sections omitted without
change noted by [. . .]):
89.101.3.3 Exempted from This Code.
This code does not cover:
1. Installations in ships, watercraft other than floating dwelling units, railway rolling
stock, aircraft, automotive vehicles, commercial coaches, mobilehomes, and
recreational vehicles.
[. . .]
7. ADDITIONAL EXEMPTIONS: Electrical work that is exempt from permits pursuant to
Palo Alto Municipal Code Section 16.04.110, Section 105.2 Work exempt from permit.
16.16.060 Article 89.101.4 2022 California Electrical Code Annexes adopted.
The following Annexes of the California Electrical Code, 2022 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. Annex B – Application Information for Ampacity Calculations
B. Annex C – Conduit, Tubing, and Cable Tray Fill Tables for Conductors and Fixture Wires
of the Same Size
C. Annex I – Unit Recommended Tightening Torque Tables from UL Standard 486A - 486B
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16.16.070 Administration & Enforcement of 2022 California Electrical Code
Administration and enforcement of this code shall be governed by Chapter 1, Division II of the
2022 California Building Code as amended by Palo Alto Municipal Code Chapter 16.04.
16.16.080 Article 110.13 Mounting and Cooling of Equipment.
Article 110.13 (A) (1) of Article 110 of the California Electrical Code is added to read:
110.13 (A) (1) Concrete Slab Supporting Electrical Equipment. When electrical
equipment is to be placed on a concrete substrate, a 4-inch concrete housekeeping pad
shall be installed to elevate and protect the equipment.
SECTION 2. The Council adopts the findings for local amendments to the California Electrical
Code, 2022 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.
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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:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and Development Services
____________________________
Director of Administrative Services
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Exhibit A
FINDINGS FOR LOCAL AMENDMENTS TO CALIFORNIA ELECTRICAL CODE,
TITLE 24, PART 3
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: California Electrical Code, Title, 24, Part 3
Section(s)
or Article(s)
Title Added Amended Deleted Justification
(See below
for keys)
89.101 GENERAL A
89.101.3.3 Exempt from This Code A
110.13 (A) (1) Mounting and Cooling of Equipment C
Annex B Application Information for
Ampacity Calculations
G
Annex C Conduit, Tubing, and Cable Tray Fill Tables
for Conductors and Fixture Wires of the
Same Size
A
Annex I Unit Recommended Tightening Torque
Tables
from UL Standard 486A - 486B
A
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Key to Justification for Amendments to Title 24 of the California Code of Regulations
A This is an administrative amendment to clarify and establish civil and administrative
procedures, regulations, or rules to enforce and administer the activities by the Palo Alto
Building Inspection Department. These administrative amendments do not need to meet
HSC 18941.5/17958/13869 per HSC 18909(c).
C This amendment is justified based on 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 based on 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
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 wastewater 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
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Ordinance No. ___
Ordinance of the Council of the City of Palo Alto Repealing Chapter 16.18 of the
Palo Alto Municipal Code and Amending Title 16 to Adopt a New Chapter 16.18,
International Swimming Pool and Spa Code, With Local Amendments
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.18 of the Palo Alto Municipal Code is hereby amended by repealing in its
entirety Chapter 16.18 and adopting a new Chapter 16.18 to read as follows:
CHAPTER 16.18
2021 International Swimming Pool and Spa Code (ISPSC)
Sections
16.18.010 2021 International Swimming Pool and Spa Code (ISPSC) adopted in part and
amended.
16.18.020 Violations -- Penalties.
16.18.030 Enforcement -- Criminal Enforcement Authority.
16.18.040 References to California Building Codes.
16.18.050 Precedence of California Building Codes.
16.18.060 Administration & Enforcement of 2021 International Swimming Pool and Spa Code
(ISPSC)
16.18.070 Section 101.1 Title.
16.08.080 Section 105.1.1 Agreements to build; notice of provisions.
16.18.090 Section 110.17 Final approval.
16.18.100 Section 301.1.2 Conflicts.
16.18.110 Section 303.3.1 Operating time.
16.18.120 Section 303.1.3 Covers.
16.18.130 Section 305.2 Outdoor swimming pools and spas.
16.18.140 Section 305.9 Private swimming pools.
16.18.150 Section 305.10 Enclosure.
16.18.160 Section 310.2 Construction requirements for building a pool or spa.
16.18.170 Section 316.2.1 Certification and installation.
16.18.180 Section 504.1 Emergency shutoff switch.
16.18.190 Section 903 to 908.
16.18.010 2021 International Swimming Pool and Spa Code (ISPSC) adopted in part and
amended.
Chapters 1 through 3 and chapters 7 through 11 of the International Swimming Pool and Spa
Code, 2021 Edition, are adopted and hereby incorporated into this Chapter by reference and
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made a part hereof as if fully set forth herein. The provisions of this Chapter shall constitute local
amendments to the referenced provisions of the International Swimming Pool and Spa Code,
Edition.
One copy of the International Swimming Pool and Spa Code, 2021 Edition, has been filed for use
and examination by the public in the Office of the Chief Building Official of the City of Palo Alto.
16.18.020 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.
16.18.030 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.
16.18.040 References to California Building Codes.
The International Swimming Pool and Spa Code, 2021 Edition, is hereby amended to refer to
those building regulations adopted by the California Building Standards Commission in Title 24 of
the California Code of Regulations, as follows:
1. Where the term “International Building Code” is used it shall be replaced with the
term “California Building Code (CBC).”
2. Where the term “International Residential Code” is used it shall be replaced with the
term “California Residential Code.”
3. Where the term “International Plumbing Code” is used it shall be replaced with the
term “California Plumbing Code.”
4. Where the term “International Energy Conservation Code” is used it shall be
replaced with the term “California Energy Code.”
5. Where the term “International Fire Code” is used it shall be replaced with the term
“California Fire Code.”
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6. Where the term “International Fuel Gas Code” is used it shall be replaced with the
term “California Plumbing Code.”
7. Where the term “International Mechanical Code” is used it shall be replaced with
the term “California Mechanical Code.”
8. Where the term “NFPA 70” is used it shall be replaced with the term “California
Electrical Code.”
16.18.050 Precedence of California Building Codes.
In the event of any conflict between this Chapter and provisions of the California Health and
Safety Code or the building regulations adopted by the California Building Standards
Commission in Title 24 of the California Code of Regulations, the provisions of the Health and
Safety Code and Title 24 shall prevail.
16.18.060 Administration & Enforcement of 2021 International Swimming Pool and Spa Code
(ISPSC)
Administration and enforcement of this code shall be governed by Chapter 1, Division II of the 2022
California Building Code as amended by Palo Alto Municipal Code Chapter 16.04, and the any
sections of the 2022 International Swimming Pool and Spa Code that are adopted by the City of
Palo Alto in this Chapter 16.18.
16.18.070 Section 101.1 Title.
Section 101.1 of the International Swimming Pool and Spa Code is hereby amended to read:
101.1 Title. These regulations shall be known as the International Swimming Pool and
Spa Code of the City of Palo Alto, hereinafter referred to as “this code.”
16.08.080 Section 105.1.1 Agreements to build; notice of provisions.
Section 105.1.1 of the International Swimming Pool and Spa Code is hereby added to read:
105.1.1 Agreements to build; notice of provisions. Any person entering into an
agreement to build a swimming pool or spa, or to engage in permitted work on a pool or
spa covered by this article, shall give the consumer notice of the requirements of this
code.
Pursuant to existing law, the California Department of Health Services shall have
available on the department's web site, commencing January 1, 2007, approved pool
safety information available for consumers to download. Pool contractors are
encouraged to share this information with consumers regarding the potential dangers a
pool or spa poses toddlers. Additionally, pool contractors may provide the consumer
with swimming pool safety materials produced from organizations such as the United
States Consumer Product Safety Commission, Drowning Prevention Foundation,
California Coalition for Children's Safety & Health, Safe Kids Worldwide, Association of
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Pool and Spa Professionals, or the American Academy of Pediatrics. [CBC 3109.1,
115924]
16.18.090 Section 110.17 Final approval.
Section 110.17 of the International Swimming Pool and Spa Code is hereby added to read:
110.17 Final Approval. Prior to the issuance of any final approval for the completion of
permitted construction or remodeling work, the code official shall inspect the drowning
safety prevention devices required and if no violations are found, shall give final
approval. [CBC 3109.1, 15922(b)]
16.18.100 Section 301.1.2 Conflicts.
Section 301.1.2 of the International Swimming Pool and Spa Code is hereby added to read:
301.1.2 Conflicts. In the event of a conflict between the provisions of the Swimming
Pool Safety Act, the International Swimming Pool and Spa Code, 2021 Edition, the 2022
California Building Code, or the 2022 California Residential Code, the Building Official
shall implement the most restrictive measures cited.
16.18.110 Section 303.3.1 Operating time.
Section 303.3.1 of the International Swimming Pool and Spa Code is hereby added to read:
303.3.1 Operating time. The time switch or other control mechanism shall be installed
as part of a pool water circulation control system that will allow all pumps to be set or
programmed to run only during off-peak electric demand period, and for the minimum
time necessary to maintain the water in the condition required by applicable public
health standards. [California Energy Code (CEnC) 110.4(b)3ii]
16.18.120 Section 303.1.3 Covers.
Section 303.1.3 of the International Swimming Pool and Spa Code is hereby amended to read:
303.1.3 Covers. Outdoor pools and outdoor spas shall be provided with a vapor
retardant cover.
16.18.130 Section 305.2 Outdoor swimming pools and spas.
Section 305.2 of the International Swimming Pool and Spa Code is hereby amended to read:
305.2 Outdoor swimming pools and spas. All outdoor pools and spas and indoor
swimming pools shall be surrounded by a barrier that complies with Sections 305.2.1
through 305.7. [CBC 3109.1, 115922]. Refer to 305.9 for additional drowning prevention
safety features.
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16.18.140 Section 305.9 Private swimming pools.
Section 305.9 of the International Swimming Pool and Spa Code is hereby added to read:
305.9 Private swimming pools. Whenever a building permit is issued for construction
of a new swimming pool or spa, or any building permit is issued for remodeling of an
existing pool or spa, at a private, single-family home, it shall be equipped with at least
two of the following seven drowning prevention safety features:
1. The pool shall be isolated from access to a home by an enclosure that meets the
requirements of Section 305.10.
2. The pool shall incorporate removable mesh pool fencing that meets ASTM F 2286
in conjunction with a gate that is self-closing and self-latching and can
accommodate a key lockable device.
3. The pool shall be equipped with an approved safety pool cover that meets all
requirements of the ASTM F 1346.
4. The residence shall be equipped with exit alarms on those doors providing direct
access to the pool. The exit alarm may cause either an alarm noise or a verbal
warning, such as a repeating notification that “the door to the pool is open.”
5. All doors providing direct access from the home to the swimming pool shall be
equipped with a self-closing, self-latching device with a release mechanism
placed no lower than 54 inches (1372 mm) above the floor.
6. An alarm that, when placed in a swimming pool or spa, will sound upon
detection of accidental or unauthorized entrance into the water. The alarm shall
meet and be independently certified to the ASTM Standard F2208 “Standard
Safety Specification for Residential Pool Alarms,” which includes surface motion,
pressure, sonar, laser, and infrared type alarms. A swimming protection alarm
feature designed for individual use, including an alarm attached to a child that
sounds when the child exceeds a certain distance or becomes submerged in
water, is not a qualifying drowning prevention safety feature.
7. Other means of protection, if the degree of protection afforded is equal to or
greater than that afforded by any of the devices set forth in items 1 - 4 and have
been independently verified by an approved testing laboratory as meeting
standards for those devices established by the ASTM or ASME.
Exceptions:
1. Public swimming pools.
2. Hot tubs or spas with locking safety covers that comply with the ASTM ES 13-
89. b)]
3. An apartment complex, or any residential setting other than a single-family
home.
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16.18.150 Section 305.10 Enclosure.
Section 305.10 of the International Swimming Pool and Spa Code is hereby added to read:
305.10 Enclosure. The enclosure for private swimming pools shall have all of the
following characteristics:
1. Any access gates through the enclosure open away from the swimming pool and
are self-closing with a self-latching device placed no lower than 60 inches (1524
mm) above the ground.
2. A minimum height of 60 inches (1524 mm).
3. A maximum vertical clearance from the ground to the bottom of the enclosure of
2 inches (51 mm).
4. Gaps or voids, if any, do not allow passage of a sphere equal to or greater than 4
inches (102 mm) in diameter.
5. An outside surface free of protrusions, cavities or other physical characteristics
that would serve as handholds or footholds that could enable a child below the
age of five years to climb over.
16.18.160 Section 310.2 Construction requirements for building a pool or spa.
Section 310.2 of the International Swimming Pool and Spa Code is hereby added to read:
310.2 Construction requirements for building a pool or spa. Whenever a building permit
is issued for the construction a new private swimming pool or spa, the pool or spa shall
meet all of the following requirements:
(1) The suction outlets of the pool or spa for which the permit is issued shall be
equipped to provide circulation throughout the pool or spa as prescribed in
paragraphs (2) and (3).
(2) The swimming pool or spa shall either have at least two circulation suction
outlets per pump that shall be hydraulically balanced and symmetrically plumbed
through one or more “T” fittings, and that are separated by a distance of at least
three feet in any dimension between the suction outlets, or be designed to use
alternatives to suction outlets, including, but not limited to, skimmers or perimeter
overflow systems to conduct water to the recirculation pump.
(3) The circulation system shall have the capacity to provide a complete turnover of
pool water, as specified in Section 3124B of Chapter 31B of the California Building
Standards Code (Title 24 of the California Code of Regulations).
(4) Suction outlets shall be covered with anti-entrapment grates, as specified in the
ANSI/APSP-16 performance standard or successor standard designated by the
federal Consumer Product Safety Commission, that cannot be removed except with
the use of tools. Slots or openings in the grates or similar protective devices shall be
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of a shape, area, and arrangement that would prevent physical entrapment and
would not pose any suction hazard to bathers.
(5) Any backup safety system that an owner of a new swimming pool or spa may
choose to install in addition to the requirements set forth in subdivisions (a) and (b)
shall meet the standards as published in the document, “Guidelines for Entrapment
Hazards: Making Pools and Spas Safer,” Publication Number 363, March 2005,
United States Consumer Product Safety Commission.
16.18.170 Section 316.2.1 Certification and installation.
Section 316.2.1 of the International Swimming Pool and Spa Code is hereby added to read:
316.2.1 Certification and installation.
(a) Certification by manufacturers. Heating systems and equipment shall be certified
by the manufacturer that the heating system and equipment complies with the
following:
1. Efficiency. A thermal efficiency that complies with the Appliance Efficiency
Regulations in Title 20, Division 2, Chapter 4, Article 4 of the California Code of
Regulations; and [CEnC 110.4(a)1]
2. On-off switch. A readily accessible on-off switch, mounted on the outside of
the heater that allows shutting off the heater without adjusting the
thermostat setting; and [CEnC 110.4(a) 2]
3. Instructions. A permanent, easily readable and weatherproof plate or card
that gives instruction for the energy efficient operation of the pool or spa
heater and for the proper care of pool or spa water when a cover is used; and
[CEnC 110.4(a)3]
4. Electric resistance heating. No electric resistance heating.
Exception 1 to Section 110.4(a)4: Listed package units with fully insulated
enclosures, and with tight-fitting covers that are insulated to at least R-6.
Exception 2 to Section 110.4(a)4: Pools or spas deriving at least 60 percent of
the annual heating energy from site solar energy or recovered energy. [CEnC
110.4(a)4]
(b) Installation. Any pool or spa system or equipment shall be installed with all of
the following:
1. Piping. At least 36 inches of pipe shall be installed between the filter and the
heater or dedicated suction and return lines, or built-in or built-up connections
shall be installed to allow for the future addition of solar heating equipment.
[CEnC 110.4(b)1]
2. Covers. A cover for outdoors pools or outdoor spas.
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3. Directional inlets. The swimming pool shall have directional inlets that
adequately mix the pool water. [CEnC 110.4(b)3i]
16.18.180 Section 504.1 Emergency shutoff switch.
Section 504.1 of the International Swimming Pool and Spa Code is hereby amended to read:
504.1 Emergency shutoff switch. One emergency shutoff switch shall be provided to
disconnect power to circulation and jet system pumps and air blowers. Emergency shutoff
switches shall be clearly labeled, accessible, located within sight of the spa and shall be
located not less than 5 feet (1524 mm) but not greater than 10 feet (3048 mm) horizontally
from the inside walls of the spa. [California Electrical Code (CEC), 680.41]
16.18.190 Section 903 to 908.
Section 903 to 908 of the International Swimming Pool and Spa Code are added as follows:
SECTION 903
MATERIALS
903.1 Pumps and motors. Pumps and motors shall be listed and labeled for use in spas.
SECTION 904
STRUCTURE AND DESIGN
904.1 Water depth. The maximum water depth for spas shall be 4 feet (1219 mm) measured
from the design waterline except for spas that are designed for special purposes
and approved by the authority having jurisdiction. The water depth for exercise spas shall not
exceed 6 feet 6 inches (1981 mm) measured from the design waterline.
904.2 Multilevel seating. Where multilevel seating is provided, the maximum water depth of
any seat or sitting bench shall be 28 inches (711 mm) measured from the design waterline to
the lowest measurable point.
904.3 Floor slope. The slope of the floor shall not exceed 1 unit vertical in 12 units horizontal
(8.3-percent slope). Where multilevel floors are provided, the change in depth shall be
indicated.
SECTION 905
PUMPS AND MOTORS
905.1Emergency shutoff switch. One emergency shutoff switch shall be provided to disconnect
power to circulation and jet system pumps and air blowers. Emergency shutoff switches shall
be accessible, located within sight of the spa and shall be located not less than 5 feet (1524
mm) but not greater than 10 feet (3048 mm) horizontally from the inside walls of the spa.
905.2 Timer. The operation of the hydrotherapy jets shall be limited by a cycle timer having a
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maximum setting of 10 minutes. The cycle timer shall be located not less than 5 feet (1524 mm)
away, adjacent to, and within sight of the spa.
SECTION 906
RETURN AND SUCTION FITTINGS
906.1 Return fittings. Return fittings shall be provided and arranged to facilitate a uniform
circulation of water and maintain a uniform sanitizer residual throughout the entire spa or
exercise spa.
906.2 Suction fittings. Suction fittings shall be in accordance with Sections 505.2.1 through
505.2.4.
906.2.1 Testing and certification. Suction fittings shall be listed and labeled in
accordance with APSP 16.
906.2.2 Installation. Suction fittings shall be sized and installed in accordance with the
manufacturer’s specifications. Spas and exercise spas shall not be used or operated if
the suction outlet cover is missing, damaged, broken or loose.
906.2.3 Outlets per pump. Suction fittings shall be provided in accordance with Section
310.
906.2.4Submerged vacuum fittings. Submerged vacuum fittings shall be in accordance
with Section 310.
SECTION 907
HEATER AND TEMPERATURE REQUIREMENTS
907.1 General. This section pertains to fuel-fired and electric appliances used for heating spa or
exercise spa water.
907.2 Water temperature controls. Components provided for water temperature controls shall
be suitable for the intended application.
907.2.1 Water temperature regulating controls.
Water temperature regulating controls shall comply with UL 873 or UL 372. A means shall
be provided to indicate the water temperature in the spa.
Exception: Water temperature regulating controls that are integral to the heating
appliance and listed in accordance with the applicable end use appliance standard.
907.2.2Water temperature limiting controls. Water temperature limiting controls shall
comply with UL 873 or UL 372. Water temperature at the heater return outlet shall not
exceed 140°F (60°C).
SECTION 908
WATER SUPPLY
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908.1Water temperature.
The temperature of the incoming makeup water shall not exceed 104°F (40°C).
SECTION 2. 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 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.
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:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and Development Services
____________________________
Director of Administrative Services
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Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Repealing Chapter 16.14 of the
Palo Alto Municipal Code and Adopting a New Chapter 16.14, California Green
Building Code, 2022 Edition, and Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.14 of the Palo Alto Municipal Code (PAMC) is hereby amended by
repealing in its entirety 16.14 and adopting a new Chapter 16.08 to read as follows:
CHAPTER 16.14
CALIFORNIA GREEN BUILDING STANDARDS CODE,
CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 11
Sections
16.14.010 2022 California Green Building Standards Code, Title 24, Part 11 adopted and
amended.
16.14.020 Cross - References to California Green Building Standards Code.
16.14.030 Local Amendments.
16.16.040 Administration & Enforcement of 2022 California Green Building Standards Code.
16.16.050 Adoption of CHAPTER 1 Administration.
16.16.060 Section 101.4 Appendices.
16.16.070 Section 202 Definitions.
16.14.080 SECTION 301 - voluntary tiers added.
16.14.090 Section 4.106 SITE DEVELOPMENT
16.14.100 Section 4.306 SWIMMING POOL AND SPA COVERS
16.14.110 Section 4.509 Water heater replacement.
16.14.120 Section 702.2 Special inspection.
16.14.130 Residential Projects. Appendix A4 Preface: Green Building Measures for Project
Type and Scope.
16.14.140 Section A4.104 SITE PRESERVATION.
16.14.150 Section A4.105 Deconstruction and Reuse of Existing Materials.
16.14.160 Section A4.106.8 Electric Vehicle (EV) Charging for New Construction.
16.14.170 Section A4.106.9 Bicycle Parking.
16.14.180 Section A4.106.10 Light Pollution Reduction.
16.14.190 Section A4.203.1 Performance Approach for Newly Constructed Buildings.
16.14.200 SectionA4.304.3 Irrigation Metering Device.
16.14.210 Section A4.305 Water Reuse Systems.
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16.14.220 A4.305.4 Additions and alterations.
16.14.230 Section A4.403.1 Frost Protection Foundation Systems.
16.14.240 Section A4.403.2 Reduction in cement use.
16.14.250 Section A4.408.1 Enhanced Construction Waste Reduction.
16.14.260 Section A4.504.1 Compliance with formaldehyde limits.
16.14.270 Section A4.504.3 Thermal insulation.
16.14.280 Non-Residential Projects: Chapter 5 Preface Green Building Requirements for
Project Type and Scope.
16.14.290 Section 5.106.1.1 Local storm water pollution prevention.
16.14.295 Section 5.106.8 Light pollution reduction.
16.14.300 Section 5.106.13 All-Electric Buildings.
16.14.330 Section 5.304.2 Invasive Species Prohibited.
16.14.340 Section 5.306 Non-residential enhanced water budget.
16.14.350 Section 5.307 Cooling Tower Water Use.
16.14.360 Section 5.410.4.6 Energy STAR portfolio manager.
16.14.370 Section 5.410.4.7 Performance reviews – energy.
16.14.380 Section 5.410.4.8 Performance reviews – water.
16.14.390 Section 5.506 Indoor Air Quality.
16.14.400 Section A5.405.5 Cement and concrete.
16.14.410 Section A5.408 Construction Waste Reduction, Disposal and Recycling.
16.14.420 Section A4.106.8 Electric Vehicle (EV) Charging.
16.14.430 Section A5.106.5.3 Electric Vehicle (EV) Charging for Non-Residential Structures.
16.14.010 2022 California Green Building Standards Code, Title 24, Part 11 adopted and
amended.
The California Green Building Standards Code, 2022 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, 2022. 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, 2022 Edition, as adopted and amended by this
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chapter.
One copy of the California Green Building Standards Code, 2022 Edition, has been filed for use and
examination of the public in the Office of the Building Official of the City of Palo Alto.
16.04.020 Cross - References to California Green Building Standards Code.
The provisions of this Chapter contain cross-references to the provisions of the California Green
Building Code, 2022 Edition, in order to facilitate reference and comparison to those provisions.
16.16.030 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions
of the California Green Building Standards Code, 2022 Edition, and shall be deemed to replace the
cross-referenced sections of said Code with the respective provisions set forth in this Chapter.
CHAPTER 1 – ADMISTRATION
16.16.040 Administration & Enforcement of 2022 California Green Building Standards Code.
Administration and enforcement of this code shall be governed by Chapter 1, Division II of the
2022 California Building Code as amended by Palo Alto Municipal Code Chapter 16.04.
16.16.050 Adoption of CHAPTER 1 Administration.
Chapter 1 Administration of the 2022 California Green Building Code is adopted by the City of
Palo Alto to supplement, to the extent it does not conflict with, Chapter 1, Division II of the 2022
California Building Code, as amended.
16.16.060 Section 101.4 Appendices.
The following Appendix Chapters of the California Green Building Standards Code, 2022 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)
CHAPTER 2 – DEFINITIONS
16.16.070 Section 202 Definitions.
Section 202 of Chapter 2 of the California Green Building Standards Code is amended to include the
following definitions:
ALL-ELECTRIC BUILDING / SITE. A building or parcel of land whose sole source of energy
is electricity and contains no combustion equipment or plumbing for combustion
equipment.
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CPAU. City of Palo Alto Utilities Department.
CALGREEN MANDATORY. Mandatory measures are triggered for projects outlined in
Section 301.1 Scope of this code, as amended.
Projects that only trigger Mandatory measures are not required to fulfill Tier 1 or Tier
2 measures in Appendix A4 and A5.
CALGREEN TIER 1. To achieve Tier 1 status, a project must comply with measures
identified in Appendix A4, Section A4.601.4 for residential projects and Appendix A5,
Section A5.601.2 for non-residential projects.
Projects subject to Tier 1 must fulfill all mandatory measures, all Tier 1 prerequisite
measures and a defined number of Tier 1 elective measures.
CALGREEN TIER 2. To achieve Tier 2 status, a project must comply with requirements
identified in Appendix A4, Section A4.601.5 for residential projects and Appendix A5,
Section A5.601.3 for non-residential projects.
Projects subject to Tier 2 must fulfill all mandatory measures, all Tier 2 prerequisite
measures and a defined number of Tier 2 elective measures.
CALGREEN TIER 1 AND TIER 2 PREREQUISITE MEASURES. Projects subject to Tier 1 or Tier
2 must fulfill all prerequisites as described within Appendix A4, Division A4.6 for
residential projects and Appendix A5, Division A5.6 for non-residential projects.
CALGREEN TIER 1 AND TIER 2 ELECTIVE MEASURES. Projects subject to Tier 1 or Tier 2
must fulfill a defined number of electives as described within Appendix A4, Division A4.6
for residential projects and Appendix A5, Division A5.6 for non-residential projects.
CALGREEN INSPECTOR. An individual certified as a CALGreen Inspector/Plans Examiner
through the International Code Council (ICC), 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.
CERTIFIED ENERGY ANALYST. A person registered as a Certified Energy Analyst with the
California Association of Building Energy Consultants as of the date of submission of a
Certificate of Compliance as required under Section 10-103 of the Building Energy
Efficiency Standards for Residential and Non-Residential Buildings.
MODEL WATER EFFICIENT LANDSCAPE ORDINANCE. The California Department of Water
Resources Model Water Efficient Landscape Ordinance.
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
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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.
SUBSTANTIAL REMODEL (AKA 50-50-50 RULE). Any project or projects that affects the
removal or replacement of 50% or more of the linear length of the existing exterior walls
of the building, and/or 50% or more of the linear length of the existing exterior wall plate
height is raised, and/or 50% or more of the existing roof framing area is removed or
replaced, over a 3-year period.
Any permit(s) applied for will trigger a review of a 3-year history of the project. This
review will result in determining if a substantial remodel has occurred.
The Chief Building Official or designee shall make the final determination regarding
the application if a conflict occurs.
SQUARE FOOTAGE. For application of green building requirements, “square footage”
refers to all new or altered square footage, including basement areas (7 feet or greater in
height), as calculated based on outer boundary of proposed construction area, including
exterior walls.
CHAPTER 3 – GREEN BUILDING
16.14.080 SECTION 301 - voluntary tiers added.
SECTION 301 of Chapter 3 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.
Tier 1 adopted (Residential). All residential building additions and/or alterations
exceeding 1000 square feet must meet CALGreen Mandatory plus the Tier 1 measures, as
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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 raising the plate
height, historic restoration, changes or rearrangements of the structural parts or
elements, and changes or rearrangement of bearing walls and full height partitions.
Normal maintenance, reroofing, painting or wall papering, floor finishes,
replacement-in-kind of mechanical, plumbing and electrical systems, or replacing or
adding new kitchen counter and similar furniture, plumbing fixture to the building are
excluded for the purposes of establishing scope of Tier 1 projects.
The area of alteration should be limited to the footprint of element(s) being altered.
This does not exclude mandatory CALGreen measures. The sum of the footprint of the
elements being altered with respect to Tier 1, shall be calculated using the following
methodology:
1. Raising the plate height: The calculation with respect to raising of the plate
height will be based on the area of the footprint in which the plate height is
being increased. Plate height means the vertical distance measured from the
top of the finished floor to the top of the plates.
2. Historic restoration: The calculation with respect to historic restoration will be
based on the area of work covered in the California Historical Building Code
(Title 24, Part 8).
3. Structural parts or elements: The calculation with respect to changes or
rearrangements of the structural parts or elements will be based on the sum
of the individual footprints of each structural change or rearrangement. The
footprint shall be calculated based on the proposed design and inclusive of any
demolished structural parts or elements.
4. Bearing walls and full height partition: The calculation with respect to changes
or rearrangement of walls and full height partitions will be based on the
footprint of any demolished wall or full height partition and any new wall or
new full height partition.
Exception: Attached and detached Accessory Dwelling Units, ADU conversions of
existing structures shall meet the California Green Building Standards Code
Mandatory measures only.
301.1 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.
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301.2.1 Low-Rise residential new construction – Tier 2 adopted. All new constructed or
substantial remodel projects must meet CALGreen Mandatory plus Tier 2 measures, as
amended by this ordinance and as applicable to the scope of work.
301.2 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
comply with CALGreen Mandatory plus Tier 1 measures, 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 measures, as amended by this Chapter and as
applicable to the scope of work.
301.3.1 - 301.3.2 Unmodified.
301.3.3 Non-residential new construction – Tier 2 adopted. All new non-residential
construction must meet CALGreen Mandatory plus Tier 2 measures, as amended by this
ordinance and as applicable to the scope of work.
301.6 Special inspector requirements. Residential and non-residential project owners
subject to CALGreen Mandatory, CALGreen Mandatory plus Tier 1, or CALGreen
Mandatory plus Tier 2 measures shall contract a Special Inspector in accordance with
section 702.2 of CALGreen, as amended.
301.7 Low-carbon concrete requirements for Tier 1 and Tier 2 projects. Plain and
reinforced concrete installed as part of any project subject to the application of this code
shall demonstrate compliance with the requirements of PAMC 16.14.240.
CHAPTER 4 – RESIDENTIAL MANDATORY MEASURES
Division 4.1 – PLANNING AND DESIGN
16.14.090 Section 4.106 SITE DEVELOPMENT
Section 4.106 of Chapter 4 of the California Green Building Standards Code is amended to add
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new subsections, 4.106.5 and 4.106.5.1 as follow:
4.106.5 ALL-ELECTRIC BUILDING / SITE. A building or parcel of land whose sole source of
energy is electricity and contains no combustion equipment or plumbing for combustion
equipment.
4.106.5.1 Full electrification. Full electrification is required for new buildings,
substantial remodels, and new outdoor appliances/equipment such as grill, stove,
barbeque, fireplace, firepit, heater for swimming pool/spa, and similar equipment.
Division 4.3 – WATER EFFICIENCY AND CONSERVATION
16.14.100 Section 4.306 SWIMMING POOL AND SPA COVERS
Section 4.306 of Chapter 4 of the California Green Building Standards Code is added to read:
4.306 Swimming Pool and Spa Covers. Swimming pools and spas shall be provided with
a vapor retardant cover.
Division 4.5 – ENVIRONMENTAL QUALITY
16.14.110 Section 4.509 Water heater replacement.
Section 4.509 of Chapter 4 of the California Green Building Standards Code is added to read:
4.509 Water heater replacement. For existing residential building remodels or additions
where the gas water heater is replaced or new water heater is added, the new water
heater shall be a heat pump water heater (HPWH).
CHAPTER 7 – INSTALLER AND SPECIAL INSPECTOR QUALIFICATIONS
16.14.120 Section 702.2 Special inspection.
Section 702.2 of Chapter 7 of the California Green Building Standards Code is amended to read:
702.2 Green building special inspection. When required by the enforcing agency, the
owner or responsible entity acting as the owner’s agent shall employ one or more Green
Building Special Inspectors to provide inspection or other duties necessary to substantiate
compliance with this code. Green Building 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-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:
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1. Certification by a national or regional green building program:
ICC Certified CALGreen Inspector/Plans Examiner
2. Other programs acceptable to the enforcing agency.
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.
APPENDIX A4 – RESIDENTIAL VOLUNTARY MEASURES
Division A4.1 – PLANNING AND DESIGN
16.14.130 Residential Projects. Appendix A4 Preface: Green Building Measures for Project
Type and Scope.
A preface is added to Chapter A4 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.
16.14.140 Section A4.104 SITE PRESERVATION.
Section A4.104.1 of Appendix A4 of the California Green Building Standards Code is adopted as a
Tier 1 and Tier 2 elective measure and is amended to read:
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.
16.14.150 Section A4.105 Deconstruction and Reuse of Existing Materials.
Section A4.105 of Appendix A4 of the California Green Building Standards Code is not adopted as
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an elective measure and is amended to read:
Section A4.105.1 Chapter 5.24 of Title 5 of the Municipal Code. 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 installed to comply the appropriate Title 24 provisions.
16.14.160 Section A4.106.8 Electric Vehicle (EV) Charging for New Construction.
Section A4.106.8 of Appendix A4 of the California Green Building Standards Code is not adopted
as a Tier 1 and Tier 2 elective measure. Projects must comply with the Mandatory measures for
electric vehicle supply equipment (EVSE) as amended in PAMC 16.14.420.
16.14.170 Section A4.106.9 Bicycle Parking.
Section A4.106.9 of Appendix A4 of the California Green Building Standards Code 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.
16.14.180 Section A4.106.10 Light Pollution Reduction.
Section A4.106.10 is added and 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
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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 Engineering
Society of North America (IESNA) have developed a Model Lighting 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.
Division A4.2 – ENERGY EFFICIENCY
16.14.190 Section A4.203.1 Performance Approach for Newly Constructed Buildings.
Section A4.203.1 of Appendix A4 of the California Green Building Standards Code 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 Code).
Division A4.3 – WATER EFFICIENCY AND CONSERVATION
16.14.200 SectionA4.304.3 Irrigation Metering Device.
Section A4.304.3 of Appendix A4 of the California Green Building Standards Code 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.
16.14.210 Section A4.305 Water Reuse Systems.
Sections A4.305.1, A4.305.2, and A4.305.3 of Appendix A4 of the California Green Building
Standards Code 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.
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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.
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.
16.14.220 A4.305.4 Additions and alterations.
Section A4.305.4 is added as Tier 1 and Tier 2 prerequisite and amended to read:
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.
Division A4.4 – MATERIAL CONSERVATION AND RESOUCE EFFICIENCY
16.14.230 Section A4.403.1 Frost Protection Foundation Systems.
Sections A4.403.1 is not adopted as a Tier 1 and Tier 2 elective measure.
16.14.240 Section A4.403.2 Reduction in cement use.
Section A4.403.2 of Appendix A4 of the California Green Building Standards Code is adopted as a
Mandatory measure for all Tier 1 and Tier 2 projects and is amended to read:
A4.403.2 Low Carbon Concrete Requirements.
A4.403.2.1 Purpose. The purpose of this chapter is to provide practical standards and
requirements for the composition of concrete, as defined herein, that maintains
adequate strength and durability for the intended application and at the same time
reduces greenhouse gas emissions associated with concrete composition. This code
includes pathways for compliance with either reduced cement levels or lower-emission
supplementary cementitious materials.
A4.403.2.2 Definitions. For the application of this section the following definitions shall
apply:
Concrete. Concrete is any approved combination of mineral aggregates bound together
into a hardened conglomerate in accordance with the requirements of this code.
Environmental product declaration (EPD). EPDs present quantified environmental
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information on the life cycle of a product to enable comparisons between products
fulfilling the same function. EPDs must conform to ISO 14025, and EN 15804 or ISO 21930,
and have at least a "cradle to gate" scope (which covers product life cycle from resource
extraction to the factory).
Upfront embodied carbon (embodied carbon). The greenhouse gasses emitted in
material extraction, transportation and manufacturing of a material corresponding to life
cycle stages A1 (extraction and upstream production), A2 (transportation), and A3
(manufacturing). Definition is as noted in ISO 21930 and as defined in the Product
Category Rule for Concrete by NSF dated February 22nd, 2019.
https://www.nsf.org/newsroom_pdf/concrete_pcr_2019.pdf
A4.403.2.3. Compliance. Compliance with the requirements of this chapter shall be
demonstrated through any of the compliance options in Sections 4.403.2.3.2 through
4.403.2.3.5:
Table A4.403.2.3 Cement and Embodied Carbon Limit Pathways
A4.403.2.3.1 Allowable Increases.
(1) Cement and Embodied Carbon Limit Allowances. Cement or Embodied Carbon limits
shown in Table A4.403.2.3 can be increased by 30% for concretes demonstrated to the
Building Official as requiring high early strength. Such concretes could include, but are not
limited to, precast, prestressed concrete; beams and slabs above grade; and shotcrete
(2) Approved Cements. The maximum cement content may be increased proportionately
above the tabulated value when using an approved cement, or blended cement,
demonstrated by approved EPD to have a plant-specific EPD lower than 1040 kg
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CO2e/metric ton. The increase in allowable cement content would be (1040 /
plant=specific EPD) %.
A4.403.2.3.2 Cement Limit Method — Mix. Cement content of a concrete mix using this
method shall not exceed the value shown in the Table A4.403.2.3. Use of this method is
limited to concrete with specified compressive strength not exceeding 5,000 psi.
A4.403.2.3.3 Cement Limit Method — Project. Total cement content shall be based on
total cement usage of all concrete mix designs within the same project. Total cement
content for a project shall not exceed the value calculated according to Equation
A4.403.2.3.3.
Equation A4.403.2.3.3:
Cem proj < Cem allowed
where
Cem proj = ΣCem n v n and Cem allowed = ΣCem lim v n
and
n = the total number of concrete mixtures for the project
Cem n = the cement content for mixture n , kg/m 3 or lb/yd 3
Cem lim = the maximum cement content for mixture n per Table A4.403.2.3, kg/m 3 or
lb/yd 3
v n = the volume of mixture n concrete to be placed, yd 3 or m 3
Applicant can use yd 3 or m 3 for calculation, but must keep same units throughout
A4.403.2.3.4. Embodied Carbon Method — Mix. Embodied carbon of a concrete mix,
based on an approved environmental product declaration (EPD), shall not exceed the value
given in Table A4.403.2.3.
A4.403.2.3.5. Embodied Carbon Method — Project. Total embodied carbon (EC proj ) of
all concrete mix designs within the same project shall not exceed the project limit (EC allowed
) determined using Table A4.403.2.3 and Equation A4.403.2.3.5.
Equation A4.403.2.3.5:
EC proj < EC allowed
where
EC proj = ΣEC n v n and EC allowed = ΣEC lim v n
and
n = the total number of concrete mixtures for the project
EC n = the embodied carbon potential for mixture n per mixture EPD, kg/m 3
EC lim = the embodied carbon potential limit for mixture n per Table A4.403.2.3, kg/m3
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v n = the volume of mixture n concrete to be placed, yd 3 or m 3
Applicant can use yd 3 or m 3 for calculation, but must keep same units throughout.
A4.403.2.3.6. Enforcement.
As a condition prior to the issuance of every building permit involving placement of
concrete, the permit applicant shall be required to submit a completed low-carbon
concrete compliance form that shall be provided by and reviewed for compliance by the
building department prior to issuing the permit.
As a condition of such building permits, and prior to approving construction inspections
following placement of concrete, the permit applicant shall be required to submit batch
certificates and/or EPDs provided by the concrete provider that demonstrate compliance
with the low-carbon concrete compliance form on file with the building permit. The batch
certificates and/or EPDs shall be reviewed for compliance by the building department prior
to approving any further inspections.
When deviations from compliance with this section occur, the chief building official or his
designee is authorized to require evidence of equivalent carbon reductions from the
portions of remaining construction of the project to demonstrate alternative compliance
with the intent of this chapter.
For projects involving placement of concrete by, or on behalf of, a public works, parks, or
similar department the director of such department, or his/her assignee, shall maintain
accurate records of the total volume (in cubic yards) of all concrete placed, as well as the
total compliant volume (in cubic yards) of all concrete placed, and shall report this data
annually to the governing body in a form expressing an annual compliance percentage
derived from the quotient of total compliant concrete volume placed divided by total
concrete volume placed.
A4.403.2.3.7. Exemptions.
(a) Hardship or infeasibility exemption. If an applicant for a project subject to this chapter
believes that circumstances exist that make it a hardship or infeasible to meet the
requirements of this chapter, the applicant may request an exemption as set forth below.
In applying for an exemption, the burden is on the applicant to show hardship or
infeasibility. The applicant shall identify in writing the specific requirements of the
standards for compliance that the project is unable to achieve and the circumstances that
make it a hardship or infeasible for the project to comply with this chapter. Circumstances
that constitute hardship or infeasibility may include, but are not limited to the following:
(1) There is a lack of commercially available material necessary to comply with this chapter;
(2) The cost of achieving compliance is disproportionate to the overall cost of the project;
(3) Compliance with certain requirements would impair the historic integrity of buildings
listed on a local, state or federal list or register of historic structures as regulated by the
California Historic Building Code (Title 24, Part 8).
(b) Granting of exemption. If the chief building official determines that it is a hardship or
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infeasible for the applicant to fully meet the requirements of this chapter and that granting
the requested exemption will not cause the building to fail to comply with the California
Building Standards Code, the chief building official shall determine the maximum feasible
threshold of compliance reasonably achievable for the project. In making this
determination, the chief building official shall consider whether alternate, practical means
of achieving the objectives of this chapter can be satisfied. If an exemption is granted, the
applicant shall be required to comply with this chapter in all other respects and shall be
required to achieve the threshold of compliance determined to be achievable by the chief
building official.
(c) Denial of exception. If the chief building official determines that it is reasonably
possible for the applicant to fully meet the requirements of this chapter, the request shall
be denied and the applicant shall be notified of the decision in writing. The project and
compliance documentation shall be modified to comply with the standards for compliance.
16.14.250 Section A4.408.1 Enhanced Construction Waste Reduction.
Section A4.408.1 of Appendix A4 of the California Green Building Standards Code is adopted as a
mandatory measure and is amended to read:
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.
Exceptions:
1. Residential stand-alone mechanical, electrical or plumbing permits.
2. Commercial stand-alone mechanical, electrical or plumbing permits.
A4.408.1.1 Documentation. Documentation shall be provided to the enforcing agency
which demonstrates compliance with all construction and demolition waste reduction
requirements.
Division A4.5 – ENVIRONMENTAL QUALITY
16.14.260 Section A4.504.1 Compliance with formaldehyde limits.
Section A4.504.1 of Appendix A5 of the California Green Building Standards Code is adopted as a
Tier 1 and Tier 2 elective measure.
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16.14.270 Section A4.504.3 Thermal insulation.
Section A4.504.3 of Appendix A5 of the California Green Building Standards Code 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.
CHAPTER 5 – NONRESIDENTIAL MANDATORY MEASURES
Division 5.1 – PLANNING AND DESIGN
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 of Chapter 5 of the California Green Building Standards Code is amended to
read:
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 of Chapter 5 of the California Green Building Standards Code 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
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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 103.2(b) and 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 5.106.13 All-Electric Buildings.
Section 5.106.13 5 of Chapter 5 of the California Green Building Standards Code is as a mandatory
measure added to read:
5.106.13 ALL-ELECTRIC BUILDING / SITE. A building or parcel of land whose sole source
of energy is electricity and contains no combustion equipment or plumbing for
combustion equipment.
5.106.13.1 Full electrification. Full electrification is required for new buildings
substantial remodels, and new outdoor appliances/equipment such as grill, stove,
barbeque, fireplace, firepit, heater for swimming pool/spa, and similar equipment.
Division 5.3 – WATER EFFICIENCY AND CONSERVATION
16.14.330 Section 5.304.2 Invasive Species Prohibited.
Section 5.304.2 of Chapter 5 of the California Green Building Standards Code is added as
mandatory measure 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.
16.14.340 Section 5.306 Non-residential enhanced water budget.
Section 5.306 of Chapter 5 of the California Green Building Standards Code is added as mandatory
measure 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
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Calculator as established by the Chief Building Official or designee.
16.14.350 Section 5.307 Cooling Tower Water Use.
Section 5.307 Cooling Tower Water Use is added as mandatory to read:
5.307 COOLING TOWER WATER USE
5.307.1. Cooling Tower Water Use in Highrise Residential or Non-Residential Buildings.
Cooling tower water use must meet the conditions as follows and as outlined in Palo Alto
Municipal Code Section 16.08.100. Projects are required to perform a potable water
analysis at the site to meet the maximum concentration of parameters noted in Table
5.307.1
Table 5.307.1
Ca (as CaCO3) 600 ppm
Total alkalinity 500 ppm
SiO2 150 ppm
Cr 300 ppm
Conductivity 3300 Us/cm
Calculate maximum number of cycles that can be achieved with these
levels of concentration shall be included in the plumbing design plans.
Division 5.4 – MATERIAL CONSERVATION AND RESOUCE EFFICIENCY
16.14.360 Section 5.410.4.6 Energy STAR portfolio manager.
Section 5.410.4.6 of Chapter 5 of the California Green Building Standards is added as mandatory
measure 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.
16.14.370 Section 5.410.4.7 Performance reviews – energy.
Section 5.410.4.7 of Chapter 5 of the California Green Building Standards 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
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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.
16.14.380 Section 5.410.4.8 Performance reviews – water.
Section 5.410.4.8 of Chapter 5 of the California Green Building Standards 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 CPAU, 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.
16.14.390 Section 5.506 Indoor Air Quality.
Section 5.506.4 of Chapter 5 of the California Green Building Standards is added as mandatory
measure to read:
Section 5.506.4 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.
APPENDIX A5 – NONRESIDENTIAL VOLUNTARY MEASURES
Division A5.4 – MATERIAL CONSERVATION AND RESOUCE EFFICIENCY
16.14.400 Section A5.405.5 Cement and concrete.
Section A5.405.5 of Appendix A5 of the California Green Building Standards Code is adopted as
a Mandatory measure for Tier 1 and Tier 2 projects and is amended to read:
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A5.405.5 Cement and Concrete. Use cement and concrete made with recycled products
and complying with the following sections and requirements per PAMC Chapter
16.14.240.
16.14.410 Section A5.408 Construction Waste Reduction, Disposal and Recycling.
Section A5.408 of Appendix A5 of the California Green Building Standards Code is adopted as a
Mandatory measure for Tier 2 projects and is amended to read:
A5.408.3.1 Waste enhanced construction waste reduction. (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 valuation of
$25,000 or more. Non-residential projects with a lower valuation shall remain subject to
California Green Building Standards Code Chapter 5 mandatory measures.
Exceptions:
1. Residential stand-alone mechanical, electrical or plumbing permits.
2. Commercial stand-alone mechanical, electrical or plumbing permits.
A5408.3.1.1 - Deleted
A4.408.1.2 Documentation. Documentation shall be provided to the enforcing agency
which demonstrates compliance with all construction and demolition waste reduction
requirements.
APPENDIX A4 – RESIDENTIAL VOLUNTARY MEASURES - EVSE
Division A4.1 – PLANNING AND DESIGN
16.14.420 Section A4.106.8 Electric Vehicle (EV) Charging.
Section A4.106.8 of the California Green Building Standards Code is deleted in its entirety and
adopted as a mandatory measure 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.
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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 One (1) Level 2 electrical vehicle
supply equipment (EVSE) or one (1) EV ready space (Low Power Level 2 EV
Charging Receptacle is acceptable provided that the infrastructure comply with
section 4.106.4.1) for each residence (except for accessory dwelling unit (ADU)).
(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 regulations.
A4.106.8.2 New Multi-Family Dwellings. The following standards apply to newly
constructed residences in a multi-family residential structure.
(a) Resident parking. The property owner shall provide at least one (1) Level 2
electrical vehicle supply equipment (EVSE) or one (1) Level 2 EV Ready space for
each residential unit in the structure (Low Power Level 2 EV Charging Receptacle
is acceptable for 60% of the total EV parking spaces) .
(b) Guest parking. The property owner shall provide EV Capable Space, EV-Ready
Space, 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 2022 California Building Code
requirements for accessible electric vehicle parking.
(d) Minimum total circuit capacity. The property owner shall ensure sufficient circuit
capacity, as determined by the Chief Building Official or designee, to support the
EV requirements specified in (a) and (b) above.
(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 regulations.
A4.106.8.3 New Hotels and Motels. The following standards apply to newly constructed
hotels.
(a) In general. The property owner shall provide at least 30% EV Ready Space and at
least 10% Level 2 EVSE installed for of the total parking spaces.
(b) Accessible spaces. Projects shall comply with the 2022 California Building Code
requirements for accessible electric vehicle parking.
(c) Minimum total circuit capacity. The property owner shall ensure sufficient circuit
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capacity, as determined by the Chief Building Official or designee , to support a
Level 2 EVSE in every location where EV-Ready space or EVSE Installed is required.
(d) Location. The EVSE and/or receptacles, 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.
APPENDIX A5 – NONRESIDENTIAL VOLUNTARY MEASURES
Division A5.1 – PLANNING AND DESIGN
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 a mandatory
measure 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.
A5.106.5.3.5 Non-Residential Structures Other than Hotels. The following standards
apply to newly constructed non-residential structures other than hotels.
In general. For building with 10 to 20 parking spaces, the property owner shall provide
at least 20% EV Capable or EVSE-Ready space, and at least 20% Level 2 EVSE installed of
the total parking spaces.
For building with over 20 parking spaces, the property owner shall provide at least 15%
EV Capable or EVSE-Ready space, and at least 15% EVSE installed for of the total parking
spaces
Accessible spaces. Projects shall comply with the 2022 California Building Code
requirements for accessible electric vehicle parking.
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 EVSE Capable space, EVSE-Ready space or EVSE Installed is
required.
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 regulations.
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SECTION 2. The Council adopts the findings for local amendments to the California Green Building
Standards Code, 2022 Edition, attached hereto as Exhibit “A” and incorporated herein by
reference.
SECTION 3. 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 4. 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.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services
____________________________
Director of Administrative Services
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Exhibit A
FINDINGS FOR LOCAL AMENDMENTS TO CALIFORNIA GREEN BUILDING STANDARD CODE
TITLE 24, PART 11
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: California Green Building Standard Code, Title 24, Part 11
Chapter(s),
Sections(s),
Appendices
Title Add Deleted Amended Justification
(See below of keys)
Ch. 1 ADMINSTRATION A
101.4 Appendices A
Administration and Enforcement A
202 Definition A
301 Voluntary tiers added C, E
301.1 Scope C, E
301.1.1 Residential additions and alterations C, E
301.2 Low-rise and high-rise residential buildings C, E
301.2.1 Low-Rise residential new construction –
Tier 2 adopted
C, E
301.3 Non-residential additions and alterations C, E
301.3.3 Non-residential new construction – Tier 2 C, E
301.6 Special inspector requirements C, E
301.7 Low-carbon concrete requirements for all
projects
C, E
4.106 Site Development C, E
4.306 Swimming pool and spa covers C, E
4.509 Heat pump water heater C, E
702.2 Special Inspection C, E
A4.104 Site preservation C, E
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A4.105 Deconstruction and reuse of existing
materials
C, E
A4.106.8 Electric Vehicle (EV) Charging for New
Construction
C, E
A4.106.9 Bicycle parking C, E
A4.106.10 Light pollution reduction C, E
A4.203.1 Performance Approach for Newly
Constructed Buildings
C , E
A4.304.3 Irrigation Metering Device C , E
A4.305 Water reuse systems C, E
A4.403.1 Frost protection foundation systems C, E
A4.403.2 Reduction in cement use C, E
A4.408.1 Enhanced Construction Waste Reduction C, E
A4.504.1 Compliance with formaldehyde limits C, E
A4.504.3 Thermal insulation C, E
5.106.1.1 Local stormwater pollution prevention C, E
5.106.8 Light pollution reduction C
5.106.13 All-electric buildings E
5.304.2 Invasive Species C, E
5.306 Non-residential enhanced water
budget
E
5.307 Cooling tower water use C
A5.405.5 Cement and Concrete C, E
A5.408 Construction Waste Reduction, Disposal
and Recycling
C, E
5.410.4.6 Energy STAR portfolio manager C, E
5.410.4.7 Performance reviews – energy C, E
5.410.4.8 Performance reviews – water C, E
5.506.4 Indoor Air Quality Management Plan C, E
A4.106.8 Electrical Vehicle (EV) Charging for
Residential Structures
C, E
A4.106.8.1 New One-family, two-family and
townhouse dwellings
C, E
A4.106.8.2 New Multi-family Dwellings C, E
A4.106.8.3 New hotels C, E
A5.106.5.3 Electric Vehicle (EV) Charging for non-
residential structures
C, E
A5.106.5.3.5 Non-Residential Structures other than
hotels
C, E
Appendix
A4
Residential Voluntary Measures
C, E
Appendix
A5
Non-Residential Voluntary Measures
C, E
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Key to Justification for Amendments to Title 24 of the California Code of Regulations
A This is an administrative amendment to clarify and establish civil and administrative
procedures, regulations, or rules to enforce and administer the activities by the Palo Alto
Building Inspection Department. These administrative amendments do not need to meet
HSC 18941.5/17958/13869 per HSC 18909(c).
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. Natural gas
combustion and gas appliances emit a wide range of air pollutants, such as carbon
monoxide (CO), nitrogen oxides (NOx, including nitrogen dioxide (NO2)), particulate
matter (PM), and formaldehyde, which according to a UCLA Study, have been linked to
various acute and chronic health effects, and additionally exceed levels set by national
and California-based ambient air quality standards. The burning of fossil fuels used in the
generation of electric power and heating of buildings contributes to climate change,
which could result in rises in sea level, including in San Francisco Bay, that could put at
risk Palo Alto homes and businesses, public facilities, and Highway 101 (Bayshore
Freeway), particularly the mapped Flood Hazard areas of the City. Energy efficiency is a
key component in reducing GHG emissions, and construction of more energy efficient
buildings can help Palo Alto reduce its share of the GHG emissions that contribute to
climate change. All-electric new buildings benefit the health, safety, and welfare, of Palo
Alto and its residents. Requiring all-electric construction, without gas infrastructure will
reduce the amount of greenhouse gas produced in Palo Alto and will contribute to
reducing the impact of climate change and the associated risks. Due to decrease in annual
rain fall, Palo Alto experiences the effect of drought and water saving more than some
other communities in California. Embodied carbon of concrete is a significant contributor
to greenhouse gas emissions and climate change, and this amendment includes a
requirement to use low-carbon concrete. Providing additional capacity for electric vehicle
use reduces use of gasoline which is a major contributor to climate change.
E Green building enhances the public health and welfare by promoting the environmental
and economic health of the City through the design, construction, maintenance,
operation and deconstruction of buildings and sites by incorporating green practices into
all development. The green provisions in this Chapter are designed to achieve the
following goals:
(a) Increase energy efficiency in buildings;
(b) Reduce the use of natural gas in buildings which improves indoor environmental
quality and health;
(c) Reduce the use of natural gas which will reduce the natural gas infrastructure and
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fire risk over time;
(d) Reduce the embodied carbon of concrete which reduces greenhouse gas
emissions;
(e) Increase water and resource conservation;
(f) Reduce waste generated by construction and demolition projects;
(g) Provide durable buildings that are efficient and economical to own and operate;
(h) Promote the health and productivity of residents, workers, and visitors to the city;
(i) Recognize and conserve the energy embodied in existing buildings;
(j) Increase capacity for use of electric vehicles which reduces greenhouse gas
emissions and improves air quality;
(k) Encourage alternative transportation; and
(l) Reduce disturbance of natural ecosystems.
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. Reduction or eliminating of
natural gas infrastructure over time will reduce maintenance costs and fire risk in difficult
geological conditions.
T The City of Palo Alto topography includes hillsides with narrow and winding access, which
makes timely response by fire suppression 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. In addition, the reduction or elimination of natural gas
infrastructure reduces the likelihood of fire or environmental damage should they
become disrupted due to challenging topographic conditions during construction or
repair.
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Ordinance No. ___
Ordinance of the Council of the City of Palo Alto Repealing Chapter 16.17 of the
Palo Alto Municipal Code and Amending Title 16 to Adopt a New Chapter 16.17,
California Energy Code, 2022 Edition, and Local Amendments and Related
Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.17 of the Palo Alto Municipal is hereby amended by repealing in its
entirety Chapter 16.17 and adopting a new Chapter 16.17 to read as follows:
CHAPTER 16.17
CALIFORNIA ENERGY CODE,
CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 6
Sections
16.17.010 2022 California Energy Code, Title 24, Part 6 adopted.
16.05.020 Cross - References to California Energy Code.
16.17.030 ADMINISTRATION & ENFORCEMENT OF 2022 CALIFORNIA ENEGY CODE.
16.17.040 Violations - Penalties.
16.17.010 2022 California Energy Code, Title 24, Part 6 adopted.
The California Energy Code, 2022 Edition, Title 24, Part 6 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. Except as amended herein, all requirements of the California Energy Code, 2022
Edition, Title 24, Part 6 of the California Code of Regulations shall apply.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and
regulations to the chapters and sections of the former editions of the California Code of Regulations,
Title 24, shall be construed to apply to the corresponding provisions contained within the California
Code of Regulations, Title 24, 2022. Ordinance No. 5485 of the City of Palo Alto and all other
ordinances or parts of ordinances in conflict herewith are hereby suspended and expressly repealed.
One copy of the California Energy Code, 2022 Edition, has been filed for use and examination of the
public in the Office of the Building Official of the City of Palo Alto.
16.17.020 Cross - References to California Energy Code.
The provisions of this Chapter contain cross-references to the provisions of the California Energy
Code, 2022 Edition, in order to facilitate reference and comparison to those provisions.
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16.17.030 ADMINISTRATION & ENFORCEMENT OF 2022 CALIFORNIA ENEGY CODE.
Administration and enforcement of this code shall be governed by Chapter 1, Division II of the
2022 California Building Code as amended by Palo Alto Municipal Code Chapter 16.04.
16.17.040 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.
SECTION 2. 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.
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SECTION 3. 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:
____________________________ ____________________________
Assistant City Attorney City Manager
____________________________
Director of Planning and
Development Services
____________________________
Director of Administrative Services
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City of Palo Alto (ID # 14933)
City Council Staff Report
Meeting Date: 11/14/2022 Report Type: Consent Calendar
City of Palo Alto Page 1
Title: Adoption of a Resolution for the Santa Clara County Historical Heritage
Grant Program Authorizing the Application and Receipt of Grant Funds by the
City of Palo Alto for the Roth Building (300 Homer Ave) Windows
Rehabilitation & Restoration
From: City Manager
Lead Department: Administrative Services
Recommendation
Staff recommends that Council adopt the attached resolution (Attachment A) to comply with an
application for historical heritage grant program funds from the County of Santa Clara to
restore and repair the 59 existing windows and glass in the Roth Building (300 Homer Ave.).
Background
The Palo Alto Museum (PAM) has been working for several years to raise funding through
various means including grants. In partnership with the City, as the owner of the facility, PAM
sought and received the award of grants from Santa Clara County. Table 1 summarizes the
grant opportunities that the Museum, in partnership with the City has pursued and been
awarded in the past.
Table 1: Summary of Roth Building Grants
Council Resolution
Date /CMR Purpose
Awarded Grant
Amount
12/17/2018;
CMR 9767
Replacement of a portion of the clay
tile roof
$102,992
4/12/2021;
CMR 12028
Preservation of the Art Frescoes $105,150
4/12/2021;
CMR 12028
Second grant to cover replacement
of clay tile roof
$200,000
12/06/21;
CMR 13805
Restoration of the Roth Building
elevator
$350,000
Total $758,142
The City has continued its long history with PAM in partnership to develop the Roth Building.
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The most recent staff report from November 20211 which discusses the current status of lease
negotiations with PAM. Since then, the Mayor announced the creation o f an AdHoc committee
in Spring 2022 and the appointment of two Councilmembers to that committee. Staff, the
AdHoc Committee, and PAM have been working regularly to address and finalize lease and
construction work documents.
Discussion
Council approval of the proposed resolution (Attachment A) would authorize the City Manager
to execute the grant agreement and administer the grant and commit to a park use for at least
twenty years. These terms are similar to prior County historical grants received for the Roth
Building and approved by Council. The program guide for the grant can be found on the
County’s website for HHGP Procedural Guide for FY 20232. Grant funds will be used to restore
and repair the 59 existing windows and glass in the Roth Building to the ir historical beauty,
showcasing their unique features, making them energy efficient, and preserving them for years
to come.
Staff received direction from the City Council on November 15, 2021 regarding lease
negotiations with PAM3. Staff requires City Council adoption of the resolution to complete the
County of Santa Clara historical heritage grant application. Work on the rehabilitation and draw
on these grant funds, if awarded, will not occur until final lease and construction documents are
completed and approved by the City Council. This grant, if approved by the County, is
requesting $182,448 towards the renovation of the windows. The total project cost is estimated
at $214,203. The remaining project costs of $31,755 are expected to come from other PAM
funding sources.
Timeline
Construction is anticipated to begin after the Council approval of the lease. Once costs are
incurred for the grant funded portions of the project the City can seek reimbursement via the
County of Santa Clara. Final grant application documents are due before December 15, 2022
which would include both this completed resolution as well as a completed lease agreement.
Resource Impact
Council approval of the resolution will allow the City to enter into the grant program for the
opportunity to receive County funding of $182,448 for restoration of the windows once the
overall Roth Building project is initiated. Grant funds awarded to date total $758,142. Should
1 City Council Staff Report November 2021 #13760 https://www.cityofpaloalto.org/files/assets/public/agendas-
minutes-reports/agendas-minutes/city-council-agendas-minutes/2021/11-november/20211115/20211115pccsm-
amended-linked.pdf
2 https://parks.sccgov.org/sites/g/files/exjcpb961/files/documents/FY2023%20HHGP%20Procedural%20Guide.pdf
3City Council Staff Report November 2021 #13760 https://www.cityofpaloalto.org/files/assets/public/agendas-
minutes-reports/agendas-minutes/city-council-agendas-minutes/2021/11-november/20211115/20211115pccsm-
amended-linked.pdf
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the City/PAM be awarded grant funds for window restoration, the revised total will be
$940,590.
Stakeholder Engagement
Staff has coordinated with PAM and the County of Santa Clara staff to prepare and finalize the
grant application and resolution.
Environmental Review
The Roth Building rehabilitation project is Categorically Exempt from CEQA review pursuant to
CEQA guidelines section 15331, Historical Resource Restoration/Rehabilitation, as a project
limited to maintenance, repair, and rehabilitation in accordance with the secretary of interior
standards for historic preservation.
.
Attachments:
• Attachment7.a: Attachment A: Resolution, County of Santa Clara Grant for Roth
Building Windows Rehabilitation and Restoration
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Resolution No.
Resolution of the Council of the City of Palo Alto Approving the
City of Palo Alto’s Application for a County of Santa Clara
Historical Heritage Grant for Restoration and Repair of the Roth
Building Windows in Heritage Park
R E C I T A L S
A. The County of Santa Clara (“County”) has established the Historical Heritage Grant
program to promote historic preservation and the awareness of significant cultural, historical,
and archaeological resources within Santa Clara County (“Grant Program”); and
B. The County funds the Grant Program with County Park Charter Development Funds,
which must be used for the development of real property for county park purposes; and
C. The County requires that the property on which the grant-funded project is located be
continually used for park purposes for a minimum of 20 years and be open to all Santa Clara
County residents on a non-discriminatory basis; and
D. The City of Palo Alto (the “Applicant”) proposes that the County award Grant Program
funds for the restoration and repair of the windows in the Roth Building in Heritage Park (the
“Project”), located at 300 Homer Ave, Palo Alto, California 94301 (the “Property”), and owned or
controlled by the City of Palo Alto (the “Property Holder”); and
E. The Property Holder has granted permission (consent) to Applicant to use the property
for the Project for the period of twenty years (20 years), and said consent is evidenced by a grant
deed, lease, license or other agreement granting such rights to the Applicant; and
F. Applicant is required pursuant to the Historical Heritage Grant Program Procedural
Guide to designate a legally authorized representative to administer the Project and to execute
the Grant Funding Agreement (“Grant Agreement”), along with any amendments thereto, on
behalf of the Applicant.
NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PALO ALTO RESOLVES AS FOLLOWS:
SECTION 1. The Project is located on land that will be continually used for park purposes for
a minimum of 20 years and, subject to Constitutional or local Charter limits on appropriations for
future years, will be open to all Santa Clara County residents on a non-discriminatory basis; and
SECTION 2. The City of Palo Alto has reviewed the proposed Project and provided all required
approvals for the Project in the Park, including, but not limited to, any licenses, permits,
environmental review and will approve the operational agreements required prior to authorizing
construction; and
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SECTION 3. The City Council hereby delegates authority to the City Manager or their
designee, to sign and submit the Grant Application to the County, to negotiate, execute, amend,
or terminate the Grant Agreement and any other agreements in relation to the Historical
Heritage Grant Program, and authority to administer and carry out all terms and conditions of
the Grant Agreement and related agreements including, but not limited to, taking any and all
other necessary actions to complete the Project.
SECTION 4. By delegating such authority to the City Manager, the City Council acknowledges,
agrees, represents and warrants that the execution of the Grant Agreement and any and all other
agreements or amendments by the City Manager binds and obligates the City Council of the City
of Palo Alto to comply with all terms and conditions of such agreements, without the necessity
of additional approvals or conditions;
SECTION 5. The City Council has had the opportunity to seek the advice of its own legal
counsel and other professionals in connection with the Grant Agreement and the Historical
Heritage Grant Program Procedural Guide.
SECTION 6. The City Council hereby approves the grant application submitted on its behalf to
the County’s Historical Heritage Grant Program funds for the restoration and repair of the Roth
Building Windows Project in Heritage Park.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM:
Chief Assistant City Attorney City Manager
Director of Administrative Services
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City of Palo Alto (ID # 14929)
City Council Staff Report
Meeting Date: 11/14/2022 Report Type: Action Items
City of Palo Alto Page 1
Title: PUBLIC HEARING: Staff Recommend the City Council Review the North
Ventura Coordinated Area Plan (NVCAP) Refined Preferred Alternative, Take
Public Comment, and Endorse the Refined Preferred Alternative Plan.
From: City Manager
Lead Department: Plann ing and Development Services
This Memorandum provides responses to Council inquiries from the October 24, 2022 City
Council meeting.
As a reminder – Council previously gave staff direction on the preparation of a preferred NVCAP
plan – the purpose of this report is to ensure the plan as represented is consistent with the
Council’s vision before continuing with costly and time intensive technical analysis and
regulatory standards. Staff also identified four discrete topics it was seeking Council direction
on, including:
• Height transitions
o Confirming Architectural Review Board (ARB) approach to support a one-story
transition in height;
• Approach towards negative effects of employment density
o Confirming the use of Transportation Demand Management (TDM);
• Parking regulations considering the passage of Assembly Bill (AB) 2097
o Confirming implementation of AB 2097 and using parking maximums instead of
parking minimums; and,
• Height for future affordable housing site near Matadero Creek (Sobrato/City DA)
o Confirming height up to seven stories to allow for ground floor commercial
and/or at and above grade parking.
After hearing the presentation, the Council received public testimony and provided staff with
questions to be answered at a subsequent meeting. The Council continued the item to
November 14, 2022. This memo provides responses to those questions.
City Council Questions
1. Describe an enforceable Transportation Demand Management (TDM) program.
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TDMs are described in the Palo Alto Municipal Code (PAMC) Chapter 18.52.050(d). Initial
monitoring reports are due within the first two years of implementation and annually
thereafter. Reports are reviewed by staff to ensure compliance with targets. The enforceability
of TDM depends on establishing clear and readily verifiable performance measures and staff
resources. Where the monitoring reports indicate that performance measures are not m et, the
director in collaboration with the City’s Chief Transportation Official may require program
modifications and may impose administrative penalties if identified deficiencies are not
addressed within six months.
2.Describe how additional height may be applied to the properties between Park Boulevard
and the train tracks.
Height limits could be increased in that area for residential and residential mixed-use
development. Staff did not receive direction from the Council regarding any additional
increases in residential density for the overall NVCAP buildout. Residential was not
contemplated in that area for the preferred alternative since few properties would be available
for redevelopment and they were not considered opportunity development sites.
If the Council desires, the height limit for residential development could be set between 55-60
feet to accommodate a five-story all residential building or taller for a five-story residential
above one or two levels of commercial development.
3.Estimate the job creation versus housing impact for NVCAP Alternative 3B.
Alternative 3B anticipated 1,490 new dwelling units. Alternative 3B needed 580 dwelling units
to support the plan’s proposed new jobs.
4.What would be the job generation impact of implementing Metropolitan Transportation
Commission (MTC) Transit Oriented Communities (TOC) 2.0 to 4.0 Floor Area Ratio (FAR) for
office?
Implementing the TOC policies on GM, CS and CN properties within the NVCAP and assuming
that all new square footage would be office equate s between 2,952 and 6,674 new jobs. The
preferred plan does not assume job growth because loss of office square footage will support
new residential and park space.
5.What is the status of the MTC TOC proposed policies and should we participate in the final
formation of that if it is not codified?
The MTC adopted the TOC policies on September 28, 2022. MTC anticipates a few years to
implement the policies to tie to their future grant funding programs.
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6.Legally are we able to have affordable standards that would favor greater social and
economic diversity for previously disenfranchised communities?
Staff is continuing to research this issue and anticipates being able to provide an update at the
meeting.
7.Provide a summary of Assembly Bill (AB) 2097.
AB 2097 prohibits a city from imposing parking requirements on developments that are within
1/2 mile of a major public transit stop, as defined in state law. The bill includes limited
exceptions in the event a city can make certain findings, supported by a preponderance of the
evidence. To take advantage of these exceptions, the City would have to develop evidence to
support findings that the absence of parking requirements would have a substantially negative
impact on:
1)the City’s ability to meet its share of RHNA for lower income households;
2)the City’s ability to meet special housing needs identified in its housing element for the
elderly or persons with disabilities; or
3)existing residential or commercial parking within one-half mile of the housing
development project.
Of these three options, the third appears to have the broadest applicability; however, it only
speaks to housing development projects. In other words, this would not be a basis for imposing
parking requirements on commercial projects under AB 2097. In addition, where housing
projects are concerned, AB 2097 provides several exceptions to these exceptions. For housing
projects, a city may not use these findings to impose parking requirements if: 1) the project
reserves at least 20 percent of its units for moderate income households, students, elderly
persons, or persons with disabilities; 2) the project contains fewer than 20 unit s; or 3) the
project is subject to other state laws that permit reduced parking. In short, there is only a very
limited class of projects for which the City could utilize findings to impose parking
requirements: large housing projects that do not provide at least 20 percent of units for
moderate income households, students, elderly persons or persons with disabilities.
8.What are the Electric Vehicle (EV) charging requirements for the NVCAP?
Projects will comply with the PAMC and the applicable California B uilding Code. The following
will be required with the adoption of the upcoming Building Code for new projects:
One/Two/Townhouse dwellings:
The property owner shall provide One Level 2 electrical vehicle supply equipment (EVSE) or one
EV ready space for each residence (except for accessory dwelling unit (ADU)).
Multi-family dwellings:
The property owner shall provide at least one Level 2 EVSE or one Level 2 EV Ready space for
each residential unit in the structure.
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Other Non-Residential:
For building with 10 to 20 parking spaces, the property owner shall provide at least 20% EV
Capable or EVSE-Ready space, and at least 20% Level 2 EVSE installed of the total parking
spaces. For building with over 20 parking spaces, the property owner shall provide at leas t 15%
EV Capable or EVSE-Ready space, and at least 15% EVSE installed for of the total parking spaces .
9.Provide summary of California History Registry.
The building at 200 Portage Avenue, also known as 340 Portage Avenue, is eligible for listing in
the California Registry of Historic Resources (CRHR) under Criterion 1 (Events) at the local level.
The significance of the building is related to its association with Palo Alto’s fruit and vegetable
canning and is a rare surviving example of Palo Alto and Santa Clara County’s agricultural past.
It therefore is a historical resource pursuant to Section 15064.5(a) of the CEQA Guidelines.
10.What are the heights of Park Plaza apartment building and the other project on Park
Boulevard?
Park Plaza is 38’ to 43’ with a 60’ tower element. The other adjacent site (3045 Park Boulevard)
is 31’ (37’ to elevator and 41’ to equipment screen).
11.What are the impacts to housing for the R1 to multi-family housing transition if we did not
implement?
If the code does not change, then the height limit would remain 35 feet for the affected El
Camino Real properties. Because of the daylight plane, shorter buildings may be placed closer
to the R-1 property. Development on these properties may result in a three-story building. If
staff’s recommendation is followed, then the building would be allowed an additional story, but
upper stories will be placed farther away from the R-1 property because of implementing the
daylight plane.
12.How does the future below market rate (BMR) project site affect the historic aspect of the
cannery building?
To some extent the conceptual project referenced in the question has been studied as an
alternative project in the draft environmental impact report for the Sobrato/City development
agreement and accessible online.1 However, a further environmental review may be needed
when an actual project is prepared to potential impacts to cultural resources in the area.
13.Regarding Slides 13 and 14, is the 65-foot height recommended by staff the same or
different than what was presented previously?
1 DEIR 200 Portage Townhome Project: https://www.cityofpaloalto.org/files/assets/public/planning-amp-
development-services/new-development-projects/200-portage/200-portage-ave-townhome-project_draft-eir.pdf
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The Council previously endorsed heights for 100% affordable housing projects with five -story all
residential or six-story residential-mixed use. A five-story residential building can be
accomplished within 55 feet and a six-story residential mixed-use building can be accomplished
within 65-70 feet. Staff is seeking clarification as to whether additional height flexibility should
be incorporated for this specific site to accommodate additional parking in a one or two level at
and above grade parking structure to support the affordable housing project and potentially
some additional public parking or tall ceiling retail space. Accordingly, staff seeks Council
guidance to consider heights up to 75-80 feet at this specific location. Should the Council prefer
to allow the greater height flexibility now it may eliminate the need to amend the NVCAP
shortly after adoption later next year – if greater height is ultimately desired.
14.Has anyone built above these parking maximums and h ow this has worked elsewhere - why
would we adopt it?
The following cities have implemented parking maximums within the Bay Area: Sunnyvale,
Redwood City, Berkeley, Gilroy, Alameda, Novato, Oakland, and San Francisco. The following
are reasons supporting a parking maximum strategy and provided for on the MTC website:
•Limits the amount of excess parking built, particularly in areas where walking and
multimodal mobility are most viable as alternatives to driving.
•Reduces traffic congestion and vehicle miles travelled (VMT) by reducing parking
activity.
•Reduces housing costs by reducing the cost of constructing parking and increasing the
potential number of units that can be developed.
•Emphasizes the expectation of reduced parking needs in key development areas.
The Fehr & Peers 2018 Multi-family Rental Residential Development parking rate study
prepared for the NVCAP supported minimums endorsed by the Council because higher parking
rates are expected to lead to oversupply. Establishing a parking maximum approach would be
consistent with the NVCAP goals but this strategy is not required and the Council may decline
this staff recommendation.
Notwithstanding the answers to the above questions, staff again is only seeking minor discrete
refinements to affirm direction of the NVCAP plan. Should Council wish to provide direction in
other areas of the plan, staff may need to assess the workload and other resources required.
Substantive changes in direction is expected to further delay this effort and may jeopard ize the
City’s ability to recover costs for plan preparation, calling into question the value of proceeding
with this planning effort.
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City Council Staff Report
Meeting Date: 11/14/2022 Report Type: Action Items
City of Palo Alto Page 1
Title: Review and Provide Direction on Wage and Benefits Requirements for
Inclusion in a New Janitorial Services Request for Proposal (RFP)
From: City Manager
Lead Department: Public Works
Recommendation
Staff recommends that Council review and provide d irection on the wage and benefits
requirements for the new Janitorial Services Request for Proposal (RFP).
Executive Summary
Staff is seeking Council direction on wage and benefit requirements for inclusion in a new
janitorial services RFP that will solicit proposals to service City facilities. To assist Council in the
discussion, options are presented for further input.
•Wage and benefit requirement options:
•Option 1 City-Determined Wages/Benefits: Total wage and benefits of $20.84
(estimated)
•Option 2 PUC Prevailing Wage/Benefits: Total wage and benefits of $29.98
•Option 3 PUC + Union Wage/Benefits: Total wage and benefits of $29.98 or
higher
•Adding two additional janitorial job classifications for a total of seven classifications
with higher pay requirements for more demanding or highly skilled work
Mayor Burt and Councilmember Stone, through a Colleagues Memo, have recommended that a
new janitorial contractor be required to provide PUC prevailing wages and benefits at a
minimum and require employees be covered by a collective bargaining agreement.
Council direction on RFP wage and benefit requirements is critical to proceeding with the RFP.
Delay would result in the need for an additional extension of the current contract to avoid a gap
in janitorial services between the existing and new contract. The RFP process is currently
structured to solicit and select a new contractor, with a new contract negotiated by early 2023.
Staff will bring forward a new contract for Council consideration in early 202 3.
Background
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The City’s current janitorial services contract expires on February 28, 2023. The contract was for
a five-year term beginning in 2017, with a six-month extension approved by Council in June
20221. Past janitorial contractors struggled to meet the City’s contract performance standards.
As part of the 2017 procurement, staff placed greater emphasis on meeting performance
solutions and adequate staffing levels. As part of the 2017 RFP requirements and evaluation
process, staff recognized that emphasis on characteristics such as paying a higher wage and
provision of health care and paid time off benefits would support the goals of a more reliable
and higher performing work force. The current contractor proposed the highest employee
hourly wage, provided paid time off, and health and welfare benefits to their employees.
Wages and benefits were included in the contract terms given their importance in
determination of the successful bidder. The improvement from previous contractors has been
dramatic. The contract custodial staffing has been well-managed by the current contractor,
with an employee retention rate for the entire five-year contract of almost 90 percent. Staff
receives infrequent to no complaints of service levels, a significant improvement from the daily
complaints of missed or poor services experienced with prior service providers.
Discussion
An RFP to solicit responses for janitorial services has been drafted and is ready for issuance
pending refinements as directed by the City Council as part of this item. The RFP retains key
changes from the 2017 RFP model to eliminate past contractor performance issues and focus
on quality and consistency of services by: requiring a minimum level of staffing, requiring a
minimum level of management, and requiring a minimum cost for material and supplies to help
contractors bid the job more accurately.
In addition to the continuation of 2017 RFP requirements, the current draft RFP specifies two
new requirements:
1)Baseline wage and benefit requirements for the contract: This provides a degree of
transparency in the proposers’ cost structure, clarity of objectives, and hopefully
ensures meeting goals of high retention rates as currently have been experienced.
2)Defines two proposed additional janitorial job classifications for a total of seven
classifications: This provides higher wage requirements for more demanding or highly
skilled work (see Table 1 below).
Wage requirements, referenced as ‘City-determined Wages’ in Table 1, are essentially a
continuation of the wages required by the current contract. For example, the current contract
hourly wage for the Custodian classification is $17.39, while the hourly wage contemplated for
the RFP is $17.50. This figure could be adjusted higher based on CPI. This remains in compliance
with the expected minimum wage effective January 1, 2023 of $17.25 per hour.
Staff has also considered requiring proposers to include alternative pricing based on the
California Public Utilities Code (PUC) prevailing wage for Janitor/Cleaner work in Santa Clara
1 City Council Staff Report June 2022 ID# 14161 https://www.cityofpaloalto.org/files/assets/public/public-
works/facilities/sr-14161-amendment-to-extend-term-with-swa-services-group-inc_1.pdf
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County (Attachment A). While the PUC prevailing wage requirements do not legally apply to the
City’s janitorial services, they can be used to define a standard for wages and benefits for this
work in Santa Clara County, albeit only for the single job classification of Janitor/Cleaner.
Concurrently, Mayor Burt and Councilmember Stone have submitted a Colleagues Memo on
this topic. The Colleagues Memo recommends that the new janitorial contractor be required to
provide PUC prevailing wages and benefits at a minimum and have employees covered by a
collective bargaining agreement.
Table 1 provides a comparison of hourly wage options for the new janitorial RFP. The PUC
prevailing wage is only defined for “Janitor/Cleaner”, so i t would apply to all of the custodian
classifications that have been defined by the City. If Council directs that wages and benefits be
based on the PUC prevailing wage, staff could also develop wage requirements for the
classifications other than Custodian, using the PUC prevailing wage for Custodian as a basis. The
hourly wage for Union janitorial employees where the wage must be equal to or greater than
the PUC prevailing wage is not known, as it would be dependent on specific collective
bargaining agreements. Consistent with the current contract, staff expects to include a
proposed wage requirement of 3% annual wage increases over the five-year term, or to require
increases in alignment with the PUC prevailing wage.
Table 1: Comparison of Janitorial Worker Hourly Wage Options Applicable in May 2023
Classification City-determined
Wages*
PUC Prevailing
Wage
PUC + Union
Wage
Custodian $17.50 $20.00 $20.00 or higher
Parking Garage Custodian $19.50 $20.00 $20.00 or higher
Parks Custodian $19.50 $20.00 $20.00 or higher
Utility Custodian $21.50 $20.00 $20.00 or higher
Lead Custodian $22.50 $20.00 $20.00 or higher
Police Department Custodian $25.50 $20.00 $20.00 or higher
Supervisor $30.50 n/a unknown
*Classifications and wages developed by staff for the current draft RFP.
In addition to minimum hourly wages, the City’s current contract and the PUC prevailing wage
require benefits such as time off and healthcare plans. Table 2 compares the total wages and
benefits, expressed as an hourly total, for the three potential RFP options. Similar to the hourly
wages comparison in Table 1, the wages and benefits for the for Union janitorial employees
where wages and benefits must be equal to or greater than the PUC prevailing wage is not
known, as they would be dependent on specific collective bargaining agreements.
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Table 2: Comparison of Janitorial Worker Custodian Classification Wages and Benefits
Expressed on an Hourly Wage Basis Applicable in May 2023
May-23
City-determined
Wages/Benefits
PUC Prevailing
Wage/Benefits
PUC + Union
Wage/Benefits
Hourly Staff Cost Wage $17.50 $20.00 $20.00 or higher
Sick & Vacation Benefits $0.34 $0.81 $0.81 or higher
1-week PTO 5-10 days vacation, 3
days sick
5-10 days vacation,
3 days sick or more
Holiday $0 $0.46 $0.46 or higher
no paid holidays 4 holidays 4 holidays or more
Health & Welfare $3.00* $8.25 $8.25 or higher
Only after 24 months
of service
After 24 months of
service or earlier
Pension $0 $0.30 $0.30 or higher
401k optional
Leadership & Education $0 $0.09 $0.09 or higher
other training
Other Payment $0 $0.07 $0.07 or higher
Industry
Investigation Fund
Total Wage & Benefits $20.84 $29.98 $29.98 or higher
% Increase from “City-
determined
Wages/Benefits” n/a 44% 44% or higher
*Estimated based on Health & Welfare benefits provided under current contract .
As demonstrated in Table 2, transitioning to PUC prevailing wages results in an estimated 44
percent increase in labor costs for the janitorial service provider. Transitioning to PUC prevailing
wages as a minimum with Union representation results in an estimated minimum 44 percent
increase, dependent on the terms of the collective bargaining agreement.
It is possible for staff to proceed with the RFP requesting alternative pricing for more than one
level of required wage and benefits. However, should Council direct the RFP to require a
collective bargaining agreement, staff would recommend this be stated as a proposal
requirement as individual proposers would likely either meet this requirement or not.
Timeline
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The current contract expires on February 28, 2023. With the time needed for solicitation and
the upcoming holidays, Council direction on RFP wage and benefit requirements is critical to
proceeding with the RFP. Any delays will likely result in the need for an additional extension of
the current contract in order to avoid a gap in janitorial services between the existing and new
contract.
Resource Impact
Funding for the current contract extended through February 28, 2023 (approximately $2.5
million annually) was appropriated as part of the Fiscal Year 2023 Adopted Budget. Based on
input from Council regarding the wage and benefits requirements for the RFP, additional
funding is expected to be needed and will be requested for appropriation when staff returns to
Council to recommend contract award. Adjustments to the funding for this contract will also be
recommended for alignment with the approved contract as part of the annual budget process
for subsequent fiscal years, subject to the Council’s appropriation of funding. Council may also
question the comparison of the costs described above with an alternative of providing janitorial
services with City employees. A preliminary review indicates that an in-house alternative would
cost at least 40 percent higher than the highest cost alternative shown here.
Policy Implications
The City does not have a practice of including discretionary wage and benefit requirements in
its solicitations for services. Council direction for this janitorial contract RFP may lead to the
conclusion that other services should have similar requirements.
Stakeholder Engagement
Staff is seeking direction from Council on wage and benefits requirements for the new RFP , and
will conduct industry outreach based on direction received .
Environmental Review
No environmental review is required.
Attachments:
•Attachment9.a:Attachment A: Prevailing Wage Sheet
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Attachment A
GENERAL PREVAILING WAGE DETERMINATION MADE BY THE DIRECTOR OF
INDUSTRIAL RELATIONS PURSUANT TO CALIFORNIA PUBLIC UTILITIES CODE,
SECTIONS 465, 466 AND 467
Determination: STC-2021-1 Reference: 22-1877-2
Issue Date of Determination: December 22, 2021 Supersedes Det: STC-
2019-1
Expiration Date of Determination: April 30, 2024*. Effective until superseded by a new determination issued by
the Director of Industrial Relations. Contact the Office of the Direct or – Research Unit at (415) 703-4774 for the
new rates after ten days from the expiration date if no subsequent determination is issued.
Locality: Santa Clara County
Craft: Janitor/Cleaner
Wage Rates: Classification Basic Straight-Time Hourly Rate
Janitor/Cleaner Expires 4/30/2022 $18.25
Effective 5/1/2022 $19.25
Effective 5/1/2023 $20.00
Employer Payments: (Public Utilities Code Section 465)
Health & Welfare: $8.25 per hour after 24 months of service.
Paid Holidays: Five (5) holidays per year or $0.35 per hour after 60 days of
service. Effective 5/1/2022 Five (5) holidays per year or $0.37 per hour after 60 days of
service. Effective 1/1/2023 Six (6) holidays per year or $0.44 per hour after 60 days of
service. Effective 5/1/2023 Six (6) holidays per year or $0.46 per hour after 60 days of
service. Effective 1/1/2024 Seven (7) holidays per year or $0.54 per hour after 60 days
of service.
Pension: $0.15 per hour after 90 days of service.
Effective 5/1/2023 $0.30 per hour after 90 days of service.
Paid Vacation: Five (5) days after 1 year of service or $0.35
per hour Ten (10) days after 3 years of
service or $0.70 per hour
Fifteen (15) days after 12 years of service or $1.05 per hour.
Effective 5/1/2022 Five (5) days after 1 year of service or $0.37 per hour
Ten (10) days after 3 years of service or $0.74 per
hour Fifteen (15) days after 12 years of service or
$1.11 per hour.
Effective 5/1/2023 Five (5) days after 1 year of service or $0.38 per hour
Ten (10) days after 3 years of service or $0.77 per
hour Fifteen (15) days after 10 years of service or
$1.15 per hour.
Paid Sick Leave: Three (3) days or $0.21 per hour.
Effective 5/1/2022 Three (3) days or $0.22 per hour.
Effective 5/1/2023 Three (3) days or $0.23 per hour.
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Training: $0.075 per hour.
Effective 5/1/2022 $0.08 per hour.
Effective 5/1/2023 $0.085 per hour.
Other Payment: $0.05 per hour to Industry Investigation Fund.
Effective 5/1/2022 $0.06 per hour to Industry Investigation Fund.
Effective 5/1/2023 $0.07 per hour to Industry Investigation Fund.
Bereavement Leave: Three (3) days paid leave and covers immediate family members (mother, father, spouse, son,
daughter, brother, sister, grandmother, grandfather, grandson, granddaughter, and registered domesti c partner).
Recognized Holidays: New Year’s Day, 4th of July, Labor Day, Thanksgiving Day and Christmas Day. If
a holiday falls on a Sunday, it shall be observed on the following Monday. If a holiday falls on a Saturday,
it shall be observed either on Friday or Saturday as determined by the employer. Effective 2023, add
Memorial Day. Effective 2024, add President’s Day.
Straight-time Hours: Eight (8) hours per day. A week’s work shall consist of five (5) consecutive days.
Overtime Rate: All work performed in excess of 8 hours per day and on the 6th day shall be paid at one and one-
half times (1½) the basic hourly rate. All work performed on the 7th day shall be paid double (2x) the straight-time
hourly rate. Work on a holiday shall be paid at one and one-half (1½) times the basic hourly rate in addition to the
regular day’s pay.
Travel and Subsistence: Employees required to furnish own vehicle between locations shall be reimbursed at the
rate of the standard IRS mileage rate.
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City of Palo Alto
COLLEAGUES MEMO
November 14, 2022 Page 1 of 3
(ID # 14928)
DATE: November 14, 2022
TO: City Council Members
FROM: Council Member Stone, Council Member Burt
SUBJECT: RESPONSIBLE CONTRACTING STANDARDS COLLEAGUE'S MEMO
(STONE & BURT)
Issue:
On March 21, 2022, speakers at the City Council meeting raised concerns over labor conditions
and wages associated with the City’s third-party contract for janitorial services provided to the
City of Palo Alto. On July 14, 2022, the San Jose Spotlight released an article detailing
allegations of wage theft made by seven janitors that clean City facilities. left unaddressed, the
City faces the potential risk for labor disruption, interruption of services, and turnover of its
essential workforce. In addition, the city has a moral obligation to assure that the rights are
protected of workers performing contracted services to the city.
Background and Discussion:
In 2017, the City awarded its current janitorial services contract. As part of the bidding process,
City staff recommended the adoption of evaluation criteria to address issues with turnover and
low-quality performance. On March 21, 2022, speakers at the City Council meeting raised
concerns over labor conditions and wages associated with the contract. These concerns
included failure to pay contract wages, failure to provide a clear “Paid Time Off” or vacation
policy, failure to provide necessary materials to perform job duties, failure to reimburse
expenses and mileage, failure to provide safety training or personal protective equipment, and
failure to provide sufficient staffing.1
On September 15, 2022, Congresswoman Anna Eshoo wrote to Mayor Burt, recognizing “the
prevalence of reported exploitation in the janitorial industry, employers must be vigilant to
ensure that janitors are treated fairly.” Additionally, Congresswoman Eshoo encouraged the
city to “take into consideration the labor practices of any janitorial contractor with which it
1 City of Palo Alto, “Council Consent Agenda Responses,” June 20, 2022.
https://www.cityofpaloalto.org/files/assets/public/agendas-minutes-reports/council-
questions/20220620cqccs.pdf
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engages.”2 The City also received a letter on June 15, 2022, from State Senator Josh Becker,
encouraging an investigation into allegations of wage theft, because “property service
industries tend to have track records of high turnover, poor quality of service, and wage theft.
These issues are particularly prevalent in the janitorial industry where exploitation, sexual
harassment, and violations of wage and hour laws are commonplace.”3 Assemblymember
Berman also urged Palo Alto to “adopt a higher level of standards for these subcontracted
services.”4
On July 14, 2022, the San Jose Spotlight released an article detailing the allegat ions of wage
theft made by seven janitors that clean City facilities. The article cited a report by the
Maintenance Cooperation and Trust Fund, a janitorial industry watchdog organization, which
describes the predominantly female Hispanic janitorial workforce as “especially vulnerable”
dealing with “greater hardships than many other types of low -wage”5 workers. The article also
made reference to a situation in 2019 at the City of Fremont, which faced a two day labor
stoppage after janitors had a dispute over medical benefits. The article also referenced how
Mountain View recently adopted stricter standards to protect their subcontracted janitorial
workforce.6 On January 28, 2020, the City of Mountain View adopted a motion that required its
Janitorial Services RFP to include that the awarded vendor be a firm whose employees are
covered by a collective bargaining agreement, janitors receive wages no less than the prevailing
wage as listed under the California Public Utilities Code, and that the State Labor Code ’s worker
retention period be extended from 60 to 90 days.7
Recommendation:
As a City, we have an interest in ensuring we have uninterrupted operations, high quality
services, and that contracted workers performing services for the city are treated fai rly. We
recommend the City Council direct staff to address the issues facing the City’s subcontracted
janitors by developing a policy that would heighten standards where needed within the
Janitorial Services RFP for the City Council to adopt for the upcoming and future such RFPs. This
policy should establish standards similar to those adopted by the City of Mountain View per
below:
•“That the successful proposer be a firm whose employees are covered by a collective
bargaining agreement prior to the effective date of contract and that any individual
2 Congresswoman Anna Eshoo Letter, September 15, 2022. https://drive.google.com/file/d/1U5fZAzM3u5tLZf-
rZFpZZBofUJ8BynO0/view?usp=sharing
3 Senator Josh Becker letter, June 15, 2022.
https://drive.google.com/file/d/14ZFpJNfSYmwT3Wznba3fTJzIC82vmgDc/view?usp=sharing
4 Assemblymember Marc Berman letter, July 20, 2022. https://drive.google.com/file/d/1GeYSYxkrLungCxWg-
voHK3bHEuaHtmvL/view?usp=sharing
5 “Janitors: The Pandemic’s Unseen Essential Workers,” Maintenance Cooperation Trust Fund, April 2021
6 Ruth Silver Taube, “Palo Alto janitorial workers shed light on wage theft,” San Jose Spotlight, July 14, 2022.
https://sanjosespotlight.com/silver-taube-palo-alto-janitorial-workers-shed-light-on-wage-theft/
7 City of Mountain View, “Meeting Minutes - Final,” January 28, 2020.
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performing janitorial services for the City be paid no less than the prevailing wage and
benefits established for janitorial services pursuant to the California Public Utilities Code
and set by the Department of Industrial Relations.
•That the higher wage rates and/or benefits will be paid should the collective bargaining
agreement’s wages and benefits and the prevailing wage and benefits differ.
•That the State Labor Code’s worker retention period be extended from 60 to 90 days.”
Resource Implications:
Independent of this Colleagues Memo, staff has been evaluating options related to wage
requirements for the upcoming janitorial services Request for Proposals (RFP). Given the time
sensitivity of this issue in order to initiate a new contract for services, staff will present their
analysis to the City Council at the same time this Colleagues Memo is considered.
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City of Palo Alto (ID # 14631)
City Council Staff Report
Meeting Date: 11/14/2022 Report Type: Information Reports
City of Palo Alto Page 1
Title: Sales Tax Digest Summary Calendar 2022 Q2 (April 2022 -June 2022)
From: City Manager
Lead Department: Administrative Services
DISCUSSION
This report transmits information regarding the City of Palo Alto’s sales tax receipts for the
second quarter (April through June) of 2022. This quarter marks two full years from the initial
quarter affected by the pandemic.
There are two attachments to this report that provide further level of information:
•City of Palo Alto Sales Tax Digest Summary (Attachment A)
•California Legislative Update (Attachment B)
The City’s sales tax cash receipts of $7.7 million for the second quarter (April to June 2022) is
$184,000 (2.5 percent) higher than the same quarter of the prior year (see Attachment A, Table
5). In contrast, the second quarter of 2022 compared to the second quarter of 2020 increased
by $1.8 million (31.4 percent). It is important to remember that the state offered small
businesses 90-day extensions to pay their second quarter of 2020 taxes, and some companie s
made little or no payments in Q2 of 2020 due to this program, therefore 2020 Q1 data includes
late payment anomalies related to this extension.
For the year ending in the second quarter of 2022, cash receipts (including county pools) for the
City increased by 12.1 percent from the prior year. In comparison, the statewide increase was
16.2 percent while Northern California increased by 13.8 percent.
After adjustments for non-period related payments, the overall economic sales tax activity
(local business excluding pools) in Palo Alto for the year ending the second quarter of 2022
increased by 20.1 percent compared to 2021, while the state and Northern California
experienced a 10.0 percent increase and a 2.4 percent decrease, respectively. The City of Palo
Alto experienced a much larger decline in the prior year compared to the state, which resulted
in the larger increase when comparing year over year totals. In addition, a one-time audit
adjustment by the State of California was made to the City’s cash receipts during Q2 2022,
reducing the quarter’s total by $612,000. Although additional details of the refund were not
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made available, the assumption was that this was due to a change in the taxable status of a
previous payment.
The second quarter of 2022 includes $1.4 million of sales tax receipts from the county pool. The
City’s share of the county pool for this quarter is 5.5 percent, a marginal decrease from 5.6
percent in the second quarter of 2021. County pools are primarily from online purchases from
out of state companies, remote sellers who ship merchandise to California/County destinations,
and private vehicle sales that are not directly allocated to a jurisdiction. County pools are
allocated to local jurisdictions based on each jurisdiction’s’ share of total sales taxes.
Attachments:
• Attachment10.a: Attachment A: Palo Alto Q2 2022 Digest Summary
• Attachment10.b: Attachment B: California Legislature Update
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City of Palo Alto
Sales Tax Digest Summary
Collections through August 2022
Sales May through June 2022 (2022Q2)
www.avenuinsights.com (800) 800-8181 Page 1
California Overview
For the year ending in second quarter of 2022, cash receipts increased 16.2% statewide, 13.8% in
Northern California. However, when adjusted for non-period related payments, the overall economic
sales tax activity for the year ending in second quarter of 2022 increased by 10.0% statewide, and down
2.4% in Northern California.
City of Palo Alto
For the year ending in the second quarter of 2022, sales tax cash receipts for the city increased by 12.1%
from the prior year. However, when adjusted for non-period related payments, the overall economic sales
tax activity in Palo Alto for the year ending in second quarter of 2022 increased by 20.1%.
On a quarterly basis, sales tax cash receipts increased by 2.5% from Quarter 2 of 2021 to Quarter 2 of
2022. However, this increase includes late payment anomalies related to a state sales tax extension
program. The period’s cash receipts include tax from business activity during the period, payments for
prior periods and other cash adjustments. When adjusted for non-period related payments, the overall
economic quarter over quarter sales tax activity (Q2 2021 to Q2 2022) in Palo Alto increased by 17.3%.
A large, one-time audit decision of -$612,000 negatively impacted the city’s cash receipts this quarter.
Without the correction, sales tax cash receipts would have increased by approximately 12.4% from
Quarter 2 of 2021 to Quarter 2 of 2022. Approximately 3.8% of that adjusted 12.4% Q2 of 2022 over Q2
of 2021 increase might be attributed to inflation, based on increases in the Consumer Price Index, (CPI-
U). Very little of Palo Alto’s adjusted 12.4% increase might be attributed to increased economic activity,
based on changes in US Real GDP. Roughly 1.7% is attributable to a decrease in payments from prior
periods, due to Palo Alto taxpayers getting caught up with payments. The remaining roughly 6.9% is a
combination of recovery and other factors (consumers, businesses and organizations getting back to Pre-
Pandemic trends along with non-pandemic related business performance changes). Note that some of
these factors are based on broad based data and thus, these growth factors should be treated as rough
guidelines for economic activity changes this quarter.
Regional Overview
The first chart on page two shows adjusted economic benchmark year amounts, which means that it
shows a full calendar year from the second quarter of 2021 through second quarter of 2022 compared to
second quarter of 2020 through second quarter of 2021 (benchmark years are rolling annual comparisons
through the current quarter). The decrease is different between the state and Palo Alto because the sales
tax from businesses in Palo Alto were more impacted than those statewide.
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% of Total / % Change Palo Alto California
Statewide S.F. Bay Area Sacramento
Valley Central Valley South Coast Inland Empire North Coast
General Retail 28.5 / 22.3 28.1 / 11.2 24.2 / -12.5 28.4 / 19.7 37.6 / 11.8 26.4 / 15.4 33.1 / 33.0 26.5 / -25.7
Food Products 15.9 / 49.7 20.1 / 18.9 20.9 / -2.2 15.7 / 19.2 14.1 / 11.5 22.1 / 28.3 17.8 / 20.6 17.3 / -7.1
Transportation 21.6 / 13.6 24.6 / 11.4 20.7 / -21.1 27.7 / 13.1 22.9 / 11.5 25.3 / 21.6 26.2 / 27.7 29.9 / -7.2
Business to Business 30.4 / 12.2 16.2 / 3.7 22.1 / -15.6 13.8 / 11.9 14.4 / 8.6 16.1 / 12.3 10.1 / 9.0 11.2 / 3.7
Misc/Other 3.5 / 10.0 11.1 / 0.1 12.1 / -21.3 14.4 / 13.2 11.0 / 2.1 10.0 / 7.7 12.8 / 5.1 15.1 / -22.4
Total 100.0 / 20.1 100.0 / 10.0 100.0 / -14.4 100.0 / 15.7 100.0 / 10.1 100.0 / 18.2 100.0 / 22.5 100.0 / -14.3
Palo Alto California
Statewide S.F. Bay Area Sacramento
Valley Central Valley South Coast Inland Empire North Coast
Largest Segment Leasing Restaurants Restaurants Auto Sales -
New
Miscellaneous
Retail Restaurants Miscellaneous
Retail Service Stations
% of Total / % Change 20.1 / 29.8 14.1 / 29.0 15 / 11.2 11.4 / 5.0 13.9 / 43.3 15.9 / 37.9 15.8 / 73.3 11.3 / 21.9
2nd Largest Segment Auto Sales -
New
Auto Sales -
New
Auto Sales -
New
Miscellaneous
Retail
Department
Stores
Auto Sales -
New
Auto Sales -
New
Auto Sales -
New
% of Total / % Change 17.5 / 8.3 11.7 / 3.9 10.2 / -30.4 10.9 / 50.6 11.0 / 0.8 12.9 / 16.7 11.7 / 18.9 11.2 / -21.4
3rd Largest Segment Restaurants Miscellaneous
Retail
Office
Equipment Restaurants Restaurants Department
Stores Restaurants Restaurants
% of Total / % Change 14.1 / 55.8 9.0 / 27.9 7.8 / -10.9 10.6 / 27.0 9.5 / 16.8 8.1 / 13.4 11.1 / 29.3 11.0 / -1.2
BENCHMARK YEAR 2022Q2 COMPARED TO BENCHMARK YEAR 2021Q2
CITY OF PALO ALTO
ECONOMIC CATEGORY ANALYSIS FOR YEAR ENDED 2nd Quarter 2022
ECONOMIC SEGMENT ANALYSIS FOR YEAR ENDED 2nd Quarter 2022
$-
$5,000,000
$10,000,000
$15,000,000
$20,000,000
$25,000,000
$30,000,000
$35,000,000
Quarterly Benchmark Year
Regional Overview Chart (Economic)
Gross Historical Sales Tax Cash Receipts by Benchmark Year and Quarter (Before Adjustments)
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Leasing
20.2%
Auto Sales -New
17.5%
Restaurants
14.1%
Department Stores
6.3%Office Equipment
5.2%
Furniture/Appliance
5.1%
All Other
31.5%
Net Pools & Adjustments
17.2%
Anderson Honda Macy's Department Store Stanford Health Care
Apple Stores Magnussen' Toyota Tesla
Arco AM/PM Mini Marts Neiman Marcus Tesla Lease Trust
Audi Palo Alto Nordstrom Department Store Tiffany & Company
Bloomingdale's Richemont Union 76 Service Stations
Hermes Rivian Automotive Varian Medical Systems
HP Enterprise Services Shell Service Stations Volvo Cars Palo Alto
Louis Vuitton Shreve & Co.Wilkes Bashford
Lucile Packard Children's Hospital
Net Cash Receipts for Benchmark Year second Quarter 2022: $31,535,707
*Benchmark year (BMY) is the sum of the current and 3 previous quarters (2022Q2 BMY is sum of 2022 Q2, 2022 Q1, 2021 Q4, 2021 Q3)
TOP 25 SALES/USE TAX CONTRIBUTORS
The following list identifies Palo Alto’s Top 25 Sales/Use Tax contributors. The list is in alphabetical order
and represents the year ended second quarter of 2022. The Top 25 Sales/Use Tax contributors generate
60.8% of Palo Alto’s total sales and use tax revenue.
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$-
$1,000,000
$2,000,000
$3,000,000
$4,000,000
$5,000,000
$6,000,000
Benchmark Year 2022Q2 Benchmark Year 2021Q2
Sales Tax from Largest Non-Confidential Sales Tax Segments (Economic)
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Economic Category % 2022Q2 2022Q1 2021Q4 2021Q3 2021Q2 2021Q1 2020Q4 2020Q3 2020Q2 2020Q1 2019Q4
Business To Business 27.4%2,098,950 2,032,592 1,969,438 1,762,093 1,652,745 1,765,043 2,060,217 2,022,479 1,851,601 2,000,210 2,375,333
Miscellaneous/Other 22.5%1,719,616 1,695,756 1,682,102 1,702,838 1,620,383 1,467,407 1,679,573 1,322,172 997,005 1,227,541 1,693,416
General Retail 24.7%1,887,242 1,700,135 2,273,543 1,798,257 1,803,297 1,262,756 1,746,602 1,300,645 660,300 1,450,820 2,579,412
Food Products 16.0%1,220,923 1,007,507 1,075,263 970,873 897,222 619,501 668,640 650,152 439,540 990,266 1,256,287
Subtotal Economic (Local Business)90.5%6,926,731 6,435,991 7,000,346 6,234,061 5,973,646 5,114,708 6,155,031 5,295,448 3,948,447 5,668,837 7,904,447
Net Pools & Adjustments 9.5%726,751 1,676,665 1,995,234 539,929 1,496,795 1,675,094 1,186,152 1,227,876 1,877,921 -2,287 1,937,461
Total Cash Receipts 100.0%7,653,481 8,112,655 8,995,580 6,773,990 7,470,441 6,789,802 7,341,183 6,523,324 5,826,368 5,666,550 9,841,908
Economic Segment % 2022Q2 2022Q1 2021Q4 2021Q3 2021Q2 2021Q1 2020Q4 2020Q3 2020Q2 2020Q1 2019Q4
Miscellaneous/Other 52.4%4,010,713 3,965,301 3,962,070 3,837,648 3,654,707 3,499,781 4,170,752 3,682,918 3,181,367 3,551,274 4,677,431
Restaurants 14.3%1,090,690 891,656 941,683 857,066 785,086 527,203 552,176 545,728 342,533 867,027 1,105,719
Miscellaneous Retail 6.3%480,713 429,200 676,701 407,467 456,685 327,729 479,041 326,777 108,953 280,493 499,697
Apparel Stores 6.5%497,465 401,056 537,479 400,589 395,779 264,322 358,744 263,940 72,307 305,737 552,735
Department Stores 5.5%418,507 403,604 525,295 388,703 384,763 237,473 315,453 186,316 29,842 245,948 552,822
Service Stations 3.2%246,847 191,812 190,601 181,448 152,565 116,258 111,241 108,840 70,063 146,291 181,082
Food Markets 1.3%102,476 91,633 106,315 87,521 89,669 71,321 89,396 81,580 77,803 102,026 118,952
Business Services 1.0%79,320 61,729 60,203 73,620 54,393 70,621 78,228 99,348 65,579 170,042 216,011
Subtotal Economic (Local Business)90.5%6,926,731 6,435,991 7,000,346 6,234,061 5,973,646 5,114,708 6,155,031 5,295,448 3,948,447 5,668,837 7,904,447
Net Pools & Adjustments 9.5%726,751 1,676,665 1,995,234 539,929 1,496,795 1,675,094 1,186,152 1,227,876 1,877,921 -2,287 1,937,461
Total Cash Receipts 100.0%7,653,481 8,112,655 8,995,580 6,773,990 7,470,441 6,789,802 7,341,183 6,523,324 5,826,368 5,666,550 9,841,908
Historical Analysis by Calendar Quarter
The chart above shows the categories and segments in quarterly economic basis amounts. The total amount is the net cash recei pts, and it was obtained by adding
up the categories/segments with the “Net Pools & Adjustm ents” amount.
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Economic Category % 2022Q2 2021Q2 2020Q2 2019Q2 2018Q2 2017Q12 2016Q2 2015Q2 2014Q2 2013Q2
Business To Business 26.0%8,195,422 7,303,276 8,174,951 7,725,974 6,752,093 5,468,567 5,127,974 4,058,599 4,729,674 4,147,225
Miscellaneous/Other 21.5%6,791,004 6,004,857 4,907,002 8,108,852 6,523,313 5,930,853 5,764,531 5,456,484 5,234,656 9,020,410
General Retail 24.2%7,629,764 6,184,086 7,107,947 8,392,663 8,421,428 8,469,953 8,163,580 8,075,197 8,042,334 7,801,278
Food Products 13.6%4,301,415 2,872,869 3,929,889 4,836,194 4,790,559 4,586,985 4,619,620 4,328,363 4,034,231 3,654,839
Subtotal Economic (Local Business)85.4%26,917,605 22,365,088 24,119,789 29,063,683 26,487,393 24,456,359 23,675,705 21,918,644 22,040,894 24,623,752
Net Pools & Adjustments 14.6%4,618,102 5,759,663 5,772,436 7,026,147 3,232,629 4,403,645 4,470,931 4,079,505 3,536,158 3,368,523
Total 100.0%31,535,707 28,124,751 29,892,225 35,157,160 28,843,483 29,330,293 27,352,428 25,663,665 27,225,597 25,694,375
Economic Segment % 2022Q2 2021Q2 2020Q2 2019Q2 2018Q2 2017Q12 2016Q2 2015Q2 2014Q2 2013Q2
Miscellaneous/Other 50.5%15,913,445 14,714,564 15,205,260 17,622,166 15,185,514 13,120,157 12,401,431 11,060,511 11,381,249 14,449,359
Restaurants 12.1%3,805,234 2,442,859 3,420,561 4,258,390 4,180,997 3,984,513 4,021,491 3,768,845 3,517,034 3,124,972
Miscellaneous Retail 6.4%2,004,212 1,667,625 1,274,089 1,582,705 1,706,594 2,181,912 1,948,750 1,586,722 1,590,538 1,439,855
Apparel Stores 5.9%1,847,598 1,289,686 1,397,669 1,993,986 1,836,191 1,691,986 1,638,172 1,656,212 1,660,610 1,622,006
Department Stores 5.4%1,699,648 1,124,054 1,260,329 1,885,539 2,063,684 2,064,256 2,250,115 2,399,208 2,406,244 2,478,617
Service Stations 2.6%810,672 493,602 572,874 706,172 638,892 587,986 581,619 699,331 776,593 764,774
Food Markets 1.2%392,807 335,487 409,838 449,440 498,606 506,666 507,919 487,520 447,478 467,478
Business Services 1.4%443,989 297,210 579,168 565,284 376,915 318,883 326,209 260,295 261,150 276,691
Subtotal Economic (Local Business)85.4%26,917,605 22,365,088 24,119,789 29,063,683 26,487,393 24,456,359 23,675,705 21,918,644 22,040,894 24,623,752
Net Pools & Adjustments 14.6%4,618,102 5,759,663 5,772,436 7,026,147 3,232,629 4,403,645 4,470,931 4,079,505 3,536,158 3,368,523
Total 100.0%31,535,707 28,124,751 29,892,225 35,157,160 28,843,483 29,330,293 27,352,428 25,663,665 27,225,597 25,694,375
Historical Analysis by Calendar BMY from 2013Q2 to 2022Q2
The chart above shows the categories and segments in benchmark year economic basis amounts. The total amount is the net cash receipts, and it was obtained by
adding up the categories/segments with the “Net Pools & Adjustments” amount. Benchmark year (BMY) is the sum of the current and 3 previous quarters
(2022Q2 BMY is sum of 2022 Q2, 2022 Q1, 2021 Q4, 2021 Q3).
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Campbell 1.5%21.4%12.9%36.6%2.4%2,703,651 2,396,183 12.8%Restaurants Service Stations Florist/Nursery Auto Sales - Used
Cupertino 0.9%28.4%67.8%-13.4%-6.8%7,970,329 8,734,435 -8.7%Restaurants I.T. Infrastructure Office Equipment Light Industry
Gilroy 0.6%6.9%18.8%8.9%-1.4%4,521,256 4,224,073 7.0%Auto Sales - New Service Stations I.T. Infrastructure Apparel Stores
Los Altos 4.3%16.6%40.3%-27.2%-12.7%677,012 600,089 12.8%Restaurants Service Stations Business Services Miscellaneous Retail
Los Gatos 4.9%21.1%9.8%8.9%11.2%1,548,706 1,385,232 11.8%Restaurants Service Stations Auto Sales - New Heavy Industry
Milpitas 11.3%30.4%-47.5%22.4%-12.9%5,312,032 5,071,233 4.7%Electronic Equipment Restaurants Auto Sales - New Bldg.Matls-Whsle
Morgan Hill 3.2%9.1%11.0%28.7%0.6%2,714,467 2,471,650 9.8%Service Stations Light Industry Misc. Vehicle Sales Electronic Equipment
Mountain View -2.3%34.7%36.2%32.9%24.0%4,824,704 3,869,815 24.7%Restaurants Auto Sales - New Recreation Products Furniture/Appliance
Palo Alto 2.8%33.9%-2.5%36.7%71.4%7,014,229 5,978,917 17.3%Leasing Restaurants Auto Sales - New Drug Stores
San Jose 13.8%18.6%15.0%15.1%10.9%48,697,288 42,424,531 14.8%Service Stations Restaurants Heavy Industry Bldg.Matls-Retail
Santa Clara -5.8%36.8%19.3%-11.9%-19.4%11,533,794 11,343,956 1.7%Restaurants Auto Sales - New Miscellaneous Retail Heavy Industry
County of Santa Clara 27.0%19.5%9.9%-12.9%10.4%1,266,468 1,137,544 11.3%Restaurants Miscellaneous Retail Electronic Equipment Light Industry
Saratoga 20.5%11.5%25.3%-58.1%41.3%279,818 256,318 9.2%Restaurants Service Stations Business Services Food Processing Eqp
Sunnyvale 42.2%27.2%11.5%13.5%38.8%7,057,931 5,843,181 20.8%Restaurants Department Stores Leasing Auto Sales - Used
Quarterly Analysis by Sales Tax Category: Change from 2021Q2 to 2022Q2 (Economic)
Unlike the chart on page one which showed a ‘benchmark year’ through second quarter of 2022, the chart above shows a comparison of one quarter only – second
quarter of 2022 to second quarter of 2021. This chart is for local ‘brick and mortar’ businesses and it excludes county pools and adjustments.
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California Avenue % CHANGE QoQ 2022Q2 QE 2021Q2 QE 22Q2 % OF TOTAL 21Q2 % OF TOTAL
FOOD PRODUCTS 35.4%56,631 41,831 43.8%41.8%
GENERAL RETAIL -22.5%24,579 31,699 19.0%31.7%
ALL OTHER 81.1%47,971 26,495 37.1%26.5%
TOTAL 29.1%129,181 100,025 100.0%100.0%
El Camino Real and Midtown % CHANGE QoQ 2022Q2 QE 2021Q2 QE 22Q2 % OF TOTAL 21Q2 % OF TOTAL
FOOD PRODUCTS 41.8%160,814 113,413 40.6%33.0%
GENERAL RETAIL 3.8%38,638 37,238 9.8%10.8%
ALL OTHER 1.8%196,234 192,834 49.6%56.1%
TOTAL 15.2%395,687 343,485 100.0%100.0%
Greater Downtown % CHANGE QoQ 2022Q2 QE 2021Q2 QE 22Q2 % OF TOTAL 21Q2 % OF TOTAL
FOOD PRODUCTS 36.8%474,375 346,709 59.6%55.6%
GENERAL RETAIL 21.4%267,636 220,484 33.6%35.4%
BUSINESS TO BUSINESS 16.7%36,733 31,465 4.6%5.0%
CONSTRUCTION -28.8%8,235 11,564 1.0%1.9%
MISCELLANEOUS -41.6%5,518 9,451 0.7%1.5%
TRANSPORTATION -19.6%2,994 3,723 0.4%0.6%
TOTAL 27.6%795,491 623,396 100.0%100.0%
Stanford Shopping Center % CHANGE QoQ 2022Q2 QE 2021Q2 QE 22Q2 % OF TOTAL 21Q2 % OF TOTAL
GENERAL RETAIL 4.2%1,077,335 1,034,345 75.6%88.3%
FOOD PRODUCTS 16.0%148,909 128,423 10.4%11.0%
ALL OTHER 2360.1%199,660 8,116 14.0%0.7%
TOTAL 21.8%1,425,904 1,170,883 100.0%100.0%
City of Palo Alto Geo Areas & Citywide Chart Data: Change from 2021Q2 to 2022Q2 (Economic)
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Town And Country Shopping Center % CHANGE QoQ 2022Q2 QE 2021Q2 QE 22Q2 % OF TOTAL 21Q2 % OF TOTAL
GENERAL RETAIL 4.9%59,541 56,769 35.6%38.3%
ALL OTHER 17.6%107,532 91,405 64.4%61.7%
TOTAL 12.8%167,073 148,174 100.0%100.0%
All Other Geos combined with Balance of Jurisdiction % CHANGE QoQ 2022Q2 QE 2021Q2 QE 22Q2 % OF TOTAL 21Q2 % OF TOTAL
BUSINESS TO BUSINESS 37.5%1,992,152 1,449,328 34.0%30.1%
GENERAL RETAIL -1.6%1,557,681 1,582,367 26.6%32.8%
TRANSPORTATION 36.5%1,199,347 878,633 20.5%18.2%
FOOD PRODUCTS 33.6%1,007,924 754,339 17.2%15.6%
MISCELLANEOUS -46.8%64,810 121,755 1.1%2.5%
CONSTRUCTION -1.0%34,292 34,641 0.6%0.7%
TOTAL 21.5%5,856,207 4,821,063 100.0%100.0%
All Geo Area Totals Comparison 21Q4 & 20Q4 % CHANGE QoQ 2022Q2 QE 2021Q2 QE 22Q2 % OF TOTAL 21Q2 % OF TOTAL
Balance of Jurisdiction 20.9%2,942,871 2,435,100 50.3%50.5%
Stanford Shopping Center 21.8%1,425,904 1,170,883 24.3%24.3%
Greater Downtown 27.6%795,491 623,396 13.6%12.9%
El Camino Real and Midtown 15.2%395,687 343,485 6.8%7.1%
Town And Country Shopping Center 12.8%167,073 148,174 2.9%3.1%
California Avenue 29.1%129,181 100,025 2.2%2.1%
TOTAL 21.5%5,856,207 4,821,063 100.0%100.0%
Palo Alto citywide QE 22Q2 & 21Q2 % CHANGE QoQ 2022Q2 QE 2021Q2 QE 22Q2 % OF TOTAL 21Q2 % OF TOTAL
BUSINESS TO BUSINESS 36.7%2,170,873 1,588,571 30.9%26.6%
GENERAL RETAIL 2.3%1,887,242 1,844,249 26.9%30.8%
TRANSPORTATION -2.5%1,407,563 1,443,160 20.1%24.1%
FOOD PRODUCTS 33.9%1,220,923 911,813 17.4%15.3%
MISCELLANEOUS 86.6%284,085 152,258 4.1%2.5%
CONSTRUCTION 12.0%43,543 38,866 0.6%0.7%
TOTAL 17.3%7,014,229 5,978,917 100.0%100.0%
City of Palo Alto Geo Areas & Citywide Chart Data: Change from 2021Q2 to 2022Q2 (Economic) Cont.
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FOOD PRODUCTS,
35.4% CHANGE, $56,631 ,
43.8% TOTAL
GENERAL RETAIL, -22.5% CHANGE,
$24,579 , 19.0% TOTAL
ALL OTHER,
81.1% CHANGE, $47,971 ,
37.1% TOTAL
California Avenue 2022Q2 SALES TAX AMOUNTS
FOOD PRODUCTS, $41,831 ,
41.8%TOTAL
GENERAL RETAIL,
$31,699 , 31.7%TOTAL
ALL OTHER, $26,495 ,
26.5%TOTAL
California Avenue 2021Q2 SALES TAX AMOUNTS
FOOD PRODUCTS,
41.8%CHANGE, $160,814 ,
40.6%TOTAL
GENERAL RETAIL,
3.8% CHANGE, $38,638 ,
9.8%TOTAL
ALL OTHER,
1.8% CHANGE,
$196,234 ,
49.6%TOTAL
El Camino Real and Midtown 2022Q2 SALES TAX AMOUNTS
FOOD PRODUCTS, $113,413 ,
33.0%TOTAL
GENERAL RETAIL,
$37,238, 10.8%TOTAL
ALL OTHER, $192,834
56.1%TOTAL
El Camino Real and Midtown 2021Q2 SALES TAX AMOUNTS
City of Palo Alto Geo Area Pie Charts
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FOOD PRODUCTS,
36.8%CHANGE, $474,375 ,
59.6%TOTAL
GENERAL RETAIL,
21.4% CHANGE,
$267,636 ,
33.6%TOTAL
BUSINESS TO BUSINESS,
16.7% CHANGE, $36,733 ,
4.6%TOTAL
CONSTRUCTION,
-28.8% CHANGE, $8,235 ,
1.0%TOTAL
MISCELLANEOUS, -41.6% CHANGE,
$5,518 , 0.7%TOTAL TRANSPORTATION,
-19.6% CHANGE, $2,994 ,
0.4%TOTAL
Greater Downtown 2022Q2 SALES TAX AMOUNTS
FOOD PRODUCTS,
$346,709 , 55.6%TOTAL
GENERAL RETAIL,
$220,484 , 35.4%TOTAL
BUSINESS TO BUSINESS,
$31,465 , 5.0%TOTAL
CONSTRUCTION, $11,564 ,
1.9%TOTAL
MISCELLANEOUS,
$9,451 , 1.5%TOTAL
TRANSPORTATION, $3,723 ,
0.6%TOTAL
Greater Downtown 2021Q2 SALES TAX AMOUNTS
GENERAL RETAIL
$1,034,345 ,
88.3%TOTAL
FOOD PRODUCTS, $128,423 ,
11.0%TOTAL
ALL OTHER, $8,116 ,
0.7%TOTAL
Stanford Shopping Center 2021Q2 SALES TAX AMOUNTS
GENERAL RETAIL,
4.2% CHANGE, $1,077,335 ,
75.6%TOTAL
FOOD PRODUCTS,
16.0% CHANGE,
$148,909 ,
10.4%TOTAL
ALL OTHER, 2360.1% CHANGE,
$199,660 , 14.0%TOTAL
Stanford Shopping Center 2022Q2 SALES TAX AMOUNTS
City of Palo Alto Geo Areas Pie Charts
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GENERAL RETAIL,
4.9%CHANGE, $59,541 ,
35.6%TOTAL
ALL OTHER,
17.6% CHANGE,
$107,532 ,
64.4%TOTAL
Town And Country Shopping Center 2022Q2 SALES TAX AMOUNTS
GENERAL RETAIL, $56,769 ,
38.3%TOTAL
ALL OTHER, $91,405 ,
61.7%TOTAL
Town And Country Shopping Center 2021Q2 SALES TAX AMOUNTS
BUSINESS TO BUSINESS,
37.5%CHANGE,
$1,992,152 ,
34.0%TOTAL
GENERAL RETAIL,
-1.6% CHANGE, $1,557,681,
26.6% TOTAL
TRANSPORTATION,
36.5% CHANGE,
$1,199,347,
20.5% TOTAL
FOOD PRODUCTS,
33.6% CHANGE, $1,007,924 ,
17.2%TOTAL
MISCELLANEOUS,
-46.8% CHANGE, $64,810 ,
1.1%TOTAL
CONSTRUCTION, -1.0% CHANGE,
$34,292 , 0.6%TOTAL
All Other Geos combined with Balance of Jurisdiction 2022Q2
SALES TAX AMOUNTS
BUSINESS TO BUSINESS,
$1,449,328 ,
30.1%TOTAL
GENERAL RETAIL, $1,582,367,
32.8% TOTAL
TRANSPORTATION,
$878,633,
18.2% TOTAL
FOOD PRODUCTS,
$754,339 , 15.6%TOTAL
MISCELLANEOUS,
$121,755 , 2.5%TOTAL
CONSTRUCTION,
$34,641 , 0.7%TOTAL
All Other Geos combined with Balance of Jurisdiction 2021Q2
SALES TAX AMOUNTS
City of Palo Alto Geo Area Pie Charts
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Balance of Jurisdiction,
20.9%CHANGE,
$2,942,871 ,
50.3%TOTAL
Stanford Shopping Center,
21.8% CHANGE, $1,425,904 ,
24.3%TOTAL
Greater Downtown,
27.6% CHANGE, $795,491 ,
13.6%TOTAL
El Camino Real and Midtown,
15.2% CHANGE, $395,687 ,
6.8%TOTAL
Town And Country Shopping Center,
12.8% CHANGE, $167,073 , 2.9%TOTAL California Avenue, 29.1% CHANGE,
$129,181 , 2.2%TOTAL
All Geo Area Totals 2022Q2 SALES TAX AMOUNTS
Balance of Jurisdiction,
$2,435,100 , 50.5%TOTAL
Stanford Shopping Center,
$1,170,883 , 24.3%TOTAL
Greater Downtown,
$623,396 ,
12.9%TOTAL
El Camino Real and Midtown,
$343,485 , 7.1%TOTAL
Town And Country Shopping Center,
$148,174 , 3.1%TOTAL
California Avenue,
$100,025 , 2.1%TOTAL
All Geo Area Totals 2021Q2 SALES TAX AMOUNTS
BUSINESS TO BUSINESS,
36.7%CHANGE, $2,170,873 ,
30.9%TOTAL
GENERAL RETAIL,
2.3% CHANGE, $1,887,242 ,
26.9%TOTAL
TRANSPORTATION,
-2.5% CHANGE,
$1,407,563 ,
20.1%TOTAL
FOOD PRODUCTS,
33.9% CHANGE, $1,220,923 ,
17.4%TOTAL
MISCELLANEOUS, 86.6% CHANGE,
$284,085 , 4.1%TOTAL
CONSTRUCTION,
12.0% CHANGE,
$43,543 , 0.6%TOTAL
Palo Alto citywide 2022Q2 SALES TAX AMOUNTS
BUSINESS TO BUSINESS,
$1,588,571 , 26.6%TOTAL
GENERAL RETAIL,
$1,844,249 ,
30.8%TOTAL
TRANSPORTATION,
$1,443,160 ,
24.1%TOTAL
FOOD PRODUCTS,
$911,813 , 15.3%TOTAL
MISCELLANEOUS,
$152,258 , 2.5%TOTAL
CONSTRUCTION, $38,866 ,
0.7%TOTAL
Palo Alto citywide 2021Q2 SALES TAX AMOUNTS
City of Palo Alto Geo Area & Citywide Pie Charts
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California Legislative
Update October 3, 2022
This edition of our policy update provides
information on a variety of bills by subject area and
their current status after Governor Gavin Newsom
acted on all of the measures sent to him by the
legislature this year.
In total, Governor Newsom acted on 1,166 measures
in 2022, signing 997 and vetoing 169 – a 14.5% veto
rate, which is about average in recent years. Prior to
Governor Brown’s latest term, veto rates were a bit
higher:
• During Governor Brown’s (second) 8 years in
office, 870-1,200 bills were sent to him
annually, and he vetoed 10%-15% of them.
• During Governor Schwarzenegger’s 7 years in
office, 890-1,265 bills were sent to him
annually, and he vetoed 22%-35% of them.
• During Governor Davis’ 5 years in office,
965-1,455 bills were sent to him annually, and
he vetoed 6%-25% of them.
• During Governor Wilson’s 8 years in office,
1,075-1,700 bills were sent to him annually,
and he vetoed 8%-24% of them.
• During Deukmejian’s 8 years in office, 1,455-
2,140 bills were sent to him annually, and he
vetoed 9.5%-20% of them.
Many of the governor’s veto messages this year cited
waning revenues, and indeed, for the first two months
of the 2022-23 fiscal year, revenues are running $2
billion lower than estimated in the Budget Act. The
Legislative Analyst’s Office recently announced that
California is highly unlikely to meet anticipated
revenues for the fiscal year, and instead projects a $5
billion revenue shortfall.
After wrapping up action on legislation, the
administration has turned its attention to preparing
for the 2023-24 January budget proposal, which is
likely to be very focused on revenue concerns. Last
week, Governor Newsom proposed requiring
companies engaged in the extraction, production, and
refining of oil to pay a higher tax rate on their
earnings above a set amount each year. Revenue from
windfall profits would be returned to taxpayers in the
form of rebates and refunds. Legislative leadership
responded to the governor’s announcement with
openness, and will likely consider the proposal as part
of the budget process beginning in January.
We hope that this update is helpful. Please reach out
to us with any questions.
Government Relations Contact
Fran.Mancia@avenuinsights.com / 559.288.7296
Administration
AB 2647 (Levine): Local Government: Open
Meetings. Allows writings that have been distributed
to members of a legislative body of a local agency less
than 72 hours before an open, regular meeting to be
exempt from specified requirements of the Ralph M.
Brown Act, if the agency meets certain requirements.
Status: Chapter 971, Statutes of 2022
Cal Cities Position: Requested Signature
SB 379 (Wiener): Residential solar energy
programs: permitting. This bill requires most cities
and counties to adopt an automated, online
permitting system for solar energy systems and energy
storage.
Status: Chapter 356, Statutes of 2022
Cal Cities Position: Watch
SB 1338 (Umberg): Community Assistance,
Recovery, and Empowerment (CARE) Court
Program. Establishes the CARE Act, which must be
implemented by Glenn, Orange, Riverside, San
Diego, San Francisco, Stanislaus, and Tuolumne
counties by October 1, 2023, and the remaining
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counties by December 1, 2024. The CARE Act would
allow civil courts to order those suffering from certain
mental illnesses into treatment programs at the
community level, similar to today's Assisted
Outpatient Treatment under the Lanterman Petris
Short Act, with more community-based supports and
services, and more court oversight.
Status: Chapter 319, Statutes of 2022
Cal Cities Position: Requested Signature
Cannabis
AB 195 (Committee on Budget): Cannabis. This
budget trailer bill reduces state taxes on cannabis,
simplifies the tax collection framework, and reduces
barriers to entry into the legal cannabis marketplace.
Several provisions are also included to boost
enforcement, including efforts to address unlicensed
cannabis facilities and illegal water diversion, as well
as ensure greater tax compliance.
Status: Chapter 56, Statutes of 2022
Cal Cities Position: Watch
AB 2188 (Quirk): Discrimination in employment:
use of cannabis. Provides, with certain exceptions,
that it is unlawful for an employer to discriminate
against a person in hiring, termination, or terms and
conditions of employment based on a drug screening
test finding the presence of nonpsychoactive cannabis
metabolites in their system or for off the job use of
cannabis.
Status: Chapter 392, Statutes of 2022
Cal Cities Position: Watch
SB 1186 (Wiener): Medicinal Cannabis Patients’
Right of Access Act. Prohibits local governments,
beginning January 1, 2024, from banning, or
effectively banning, the delivery of medicinal cannabis
to patients or primary caregivers within their
jurisdictions, enforceable through an action for writ
of mandate.
Status: Chapter 395, Statutes of 2022
Cal Cities Position: Requested Veto
SB 1326 (Caballero): Cannabis: interstate
agreements. Allows the state to enter into an
interstate cannabis agreement to allow cannabis or
cannabis products to be transported across state lines.
Status: Chapter 396, Statutes of 2022
Cal Cities Position: Requested Signature
Finance
SB 852 (Dodd): Climate resilience districts:
formation: funding mechanisms. This bill allows
cities and counties to create climate resilience districts
and provides these new districts various financing
powers.
Status: Chapter 266, Statutes of 2022
Cal Cities Position: Watch
Franchises
AB 676 (Holden): Franchises. This bill requires a
franchisor to provide specified information to a
prospective franchisee seeking to buy an ownership
interest in an existing franchise business and makes
additional revisions to laws that apply to franchise
investments and franchisor-franchisee relationships.
Status: Chapter 728, Statutes of 2022
Cal Cities Position: Watch
Housing/Land Use
AB 2097 (Friedman): Residential and commercial
development: parking requirements. Prohibits
public agencies from imposing minimum automobile
parking requirements on specified residential,
commercial, and other developments located within
one-half mile of public transit.
Status: Chapter 459, Statutes of 2022
Cal Cities Position: Requested Veto
AB 2011 (Wicks): Affordable Housing and High
Road Jobs Act of 2022. Creates a ministerial,
streamlined approval process for 100% affordable
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housing projects in commercial zones and for mixed-
income housing projects along commercial corridors,
as specified. The bill would also impose specified
labor standards on those projects, including
requirements that contractors pay prevailing wages,
participate in apprenticeship programs, and make
specified healthcare expenditures.
Status: Chapter 647, Statutes of 2022
Cal Cities Position: Requested Veto
AB 2234 (Rivas, Robert): Planning and zoning:
housing: postentitlement phase permits. This bill
requires a local agency to post information related to
postentitlement phase permits for housing
development projects, process those permits in a
specified time period depending on the size of the
housing development, and establish a digital
permitting system if the local agency meets a specific
population threshold.
Status: Chapter 651, Statutes of 2022
Cal Cities Position: Requested Veto
SB 6 (Caballero): Middle Class Housing Act of
2022. Enacts, until January 1, 2033, the Middle-Class
Housing Act of 2022, which establishes housing as an
allowable use on any parcel zoned for office or retail
uses.
Status: Chapter 659, Statutes of 2022
Cal Cities Position: Requested Veto
SB 897 (Wieckowski): Accessory Dwelling Units.
Makes numerous changes to the laws governing
accessory dwelling units and junior accessory dwelling
units.
Status: Chapter 664, Statutes of 2022
Cal Cities Position: Requested Veto
SB 1373 (Kamlager): Surplus land disposal. This
bill extends by two years (until December 31, 2024)
the deadlines in the Surplus Land Act to complete
disposition of a property subject to an exclusive
negotiating agreement for a charter city with a
population of over two million people.
Status: Chapter 724, Statutes of 2022
Cal Cities Position: Watch
Privacy and Security
AB 1711 (Seyarto): Privacy: breach. This bill
requires agencies to report data breaches on their
website when a person or business operating a system
on behalf of an agency is required to disclose a breach
of that system.
Status: Vetoed
Veto Message: This bill requires a public agency to post
a notice on its website when a person or business
operating a system on behalf of that agency is
required to issue a security breach notification for that
system.
Current law requires both private businesses and
public agencies to immediately notify individuals
impacted by a data breach of the systems they
operate, allowing appropriate action to mitigate or
prevent financial losses due to fraudulent activity.
The stated intent of this bill is to provide additional
transparency with respect to data breach notifications
provided in the event a contractor operating a system
on behalf of an agency is breached. Requiring public
agencies to display every instance of a security breach
on its website will highlight vulnerable information
technology systems shortly after a breach occurs. This
could substantially increase the risk of additional
attacks on these systems.
The author's objective could be more effectively
achieved through other means, such as specifying
breach notifications to individuals must come from
the agency, or requiring notices from a contractor to
conspicuously include the agency on behalf of which
they are operating.
Cal Cities Position: Watch
Property Tax
AB 1206 (Bennett): Property taxation: affordable
housing: welfare exemption. Requires, for the
2022-23 fiscal year (FY) through the 2027-28 FY that
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a residential unit continue to be treated as occupied
by a lower income household, if the owner is a
community land trust whose land is leased to low-
income households, subject to a contract that
complies with specified requirements.
Status: Chapter 636, Statutes of 2022
Cal Cities Position: Watch
AB 1707 (Boerner Horvath): Property tax
postponement: Senior Citizens and Disabled
Citizens Property Tax Postponement Fund.
Requires that money be transferred from the General
Fund to the Senior Citizens and Disabled Citizens
Property Tax Postponement Fund when the Fund
balance is less than $15 million.
Status: Vetoed
Veto Message: This bill requires annual transfers from
the General Fund to the Senior Citizens and Disabled
Citizen Property Postponement (PTP) Fund to ensure
the balance each June 30 is $15 million.
The Property Tax Postponement Program allows
income-eligible homeowners who are seniors, blind,
or disabled to defer their property taxes, secured by a
lien against the property that is later repaid when the
property is sold or refinanced.
By design, the PTP Fund is structured to be self-
sustaining. Although recent changes in law have
expanded eligibility for the program, the State
Controller's Office does not project a shortfall until
the 2025-26 fiscal year.
My administration supports this program and its role
in helping our most vulnerable homeowners remain
in their homes. Therefore, I am directing the
Department of Finance to conduct an analysis of the
Program to identify any fiscal stability concerns and
propose appropriate solutions for consideration.
I am returning AB 1707 without my signature until
additional information on the viability of the program
has been determined.
Cal Cities Position: Watch
AB 1933 (Friedman): Property taxation: welfare
exemption: nonprofit corporation: low- and
moderate-income families. Expands the property
tax welfare exemption to eligible nonprofit
corporations that build and rehabilitate affordable
housing units for sale, subject to certain limitations, to
low-income families, as defined.
Status: Chapter 643, Statutes of 2022
Cal Cities Position: Watch
AB 2651 (Petrie-Norris): Property taxes: welfare
exemption: community land trust. Extends the
sunset date for the property tax welfare exemption for
community land trusts from January 1, 2025, to
January 1, 2027.
Status: Chapter 656, Statutes of 2022
Cal Cities Position: Watch
Sales and Use Taxes
AB 1951 (Grayson): Sales and use tax:
exemptions: manufacturing. This bill expands,
from January 1, 2023, to January 1, 2028, the existing
partial sales and use tax exemption for manufacturing
and research and development by making the
expenditure a full exemption and removing the $200
million cap on qualifying purchases per individual
purchaser.
Status: Vetoed
Veto Message: This bill replaces the current partial
manufacturing sales tax exemption with a full
exemption until January 1, 2028.
This change would result in substantial revenue loss
to local governments, which impacts essential health,
safety, welfare, and transportation services. Assuming
there are no changes in taxpayer behavior, local
agencies are estimated to lose over half a billion
dollars each year.
As a strong supporter of California's business climate
and manufacturing industry, I agree with the intent of
this bill to invest in California's economy, incentivize
innovation, and spur a manufacturing marketplace
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that is competitive nation-wide. However, we cannot
ask our local governments to bear this loss in revenue.
With our state facing lower-than-expected revenues
over the first few months of this fiscal year, it is
important to remain disciplined.
The Legislature sent measures with potential costs of
well over $20 billion in one-time spending
commitments and more than $10 billion in ongoing
commitments not accounted for in the state budget.
Bills with significant cost pressures, such as this
measure, should be considered as part of the annual
budget process.
For these reasons, I cannot sign this bill. I look
forward to working with the Legislature and
stakeholders to propose something on this topic next
year.
Cal Cities Position: Requested Veto
AB 2622 (Mullin): Sales and Use Tax: Zero
Emission Bus Exemption. Extends the partial Sales
and Use Tax Law exemption for specified zero-
emission technology transit buses until January 1,
2026.
Status: Chapter 353, Statutes of 2022
Cal Cities Position: Requested Signature
AB 2887 (Garcia, Eduardo): Public resources:
Sales and Use Tax Law: exclusions. Increases,
from $100 million to $150 million, the limit on annual
sales and use tax exclusions under the California
Alternative Energy and Advanced Transportation
Financing Authority Act.
Status: Chapter 248, Statutes of 2022
Cal Cities Position: Requested Veto
SB 1041 (Atkins): Sales and use taxes: general
exemptions. This bill removes the sunset date for
the sales and use tax exemption for goods sold by
thrift stores that are both located on a military
installation and operated by a "military welfare
society.”
Status: Chapter 225, Statutes of 2022
Cal Cities Position: Watch
SB 1312 (Ochoa Bogh): Marketplace facilitators:
passenger vehicle rental companies. This bill
amends the Marketplace Facilitator Act to provide
that an operator of a marketplace is not a marketplace
facilitator with regard to any portion of its
marketplace that provides car rental services.
Status: Chapter 228, Statutes of 2022
Cal Cities Position: Watch
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City of Palo Alto (ID # 14773)
City Council Staff Report
Report Type: Information Reports Meeting Date: 11/14/2022
City of Palo Alto Page 1
itle: Community Development Block Grant (CDBG) FY2022 Year-end Report -
Consolidated Annual Performance and Evaluation Report (CAPER)
From: City Manager
Lead Department: Planning and Development Services
Recommendation:
This is an informational report and no action is required.
Executive Summary:
The City is required to report annually to the U.S. Department of Housing and Urban
Development (HUD), accomplishments for the Community Development Block Grant
(CDBG) program. This report, the Consolidated Annual Performance and Evaluation Report
(CAPER), summarizes the City’s CDBG accomplishments and expenditures for the Fiscal Year
(FY) 2021-22 CDBG funding cycle. The City funded a total of eight projects, summarized below,
in FY2021-22.
The CAPER (Attachment A) was submitted to HUD by the September 28, 2022 deadline.
Background:
The City of Palo Alto receives funds annually from HUD as an entitlement city under the CDBG
program. As a recipient of CDBG funds, the City is required to prepare a Consolidated Annual
Performance and Evaluation Report (CAPER) at the end of the fiscal year. The CAPER describes
the City’s progress implementing the activities identified in the Annual Action Plan 1 and the
goals and objectives of the Consolidated Plan2.
1 Annual Action Plan: An annual report listing the activities the City intends to undertake with CDBG funds to
address the needs and implement the strategies identified in the Consolidated Plan.
2 Consolidated Plan (Con Plan): A five-year strategic plan that addresses the housing and non-housing community
development needs of lower income persons and establishes annual goals and obj ectives to meet the identified
needs. https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=68967.94&BlobID=76579
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City of Palo Alto Page 2
Discussion:
During FY2021-22, the City’s CDBG subrecipients continued to provide vital services to
extremely low, very low, low, and moderate-income households while addressing the priorities
and needs of the community and the City’s funding priorities; including strategies to address
COVID-19 related impacts, using funds from the CDBG CARES Act (CDBG-CV).
The City achieved several goals as outlined in the 2021 Annual Action Plan (AAP) through CDBG
and CDBG-CV funding. A total of $746,715 was available for funding projects and programs
during the 2021 program year. The City received $536,756 from the federal CDBG program,
approximately $136,049 in program income, and $73,910 in reallocated funds from previous
years.
Through the combination of CDBG and CDBG-CV funds, in total, 935 persons were assisted in
this program year. Of the 935 persons, 383 were extremely low-income, 421 were low income
and 131 were moderate income. Approximately 40% of all persons were assisted through the
COVID-19 related activities. The CAPER, Attachment A, provides a detailed description of the
programs and project accomplishments. The major accomplishments include the following:
1. Catholic Charities, through the Long-Term Care Ombudsman Program, assisted 262
mostly low- or moderate- income elderly residents at the Palo Alto long-term care
facilities that mainly serve low-income residents. Additionally, the Long-Term Care
Ombudsman Program resolved 47 complaints made by, or on behalf of, low-income
elderly residents of the facilities. [Goal: Assist 50 individuals]
2. Alta Housing had on-site counseling services available to the residents of the 131 units
of the Single-Room Occupancy (SRO) Resident Support Program at Alma Place (25 units)
and Barker Hotel (106 units). Services were provided to 151 residents. [Goal: Assist 131
individuals]
3. LifeMoves, at the Opportunity Services Center, provided case management services
including assistance with housing and job searches, referrals, and mentoring to 56
homeless and/or very low-income Palo Alto residents. [Goal: Assist 30 individuals]
4. Project Sentinel (Fair Housing Services) assisted 17 individuals in investigating their fair
housing complaints; 21 residents received individual consultation relating to specific fair
housing questions. [Goal: Assist 15 individuals]
5. Silicon Valley Independent Living Center (SVILC) (Housing and Emergency Services)
assisted 26 adults with disabilities in developing an independent living plan for housing
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City of Palo Alto Page 3
that resulted in improved accessibility to decent affordable housing. [Goal: Assist 24
individuals]
6.Rebuilding Together Peninsula (Safe at Home) assisted six households with home
rehabilitation. [Goal: Assist five households]
7.Downtown Streets Team (Workforce Development) connected employers with seven
individuals who were meaningfully employed. [Goal: Assist 14 individuals]
The Workforce Development program was eligible for CDBG funding for July and August
2021 only, due to a change in the organization’s Communit y Based Development
Organization (CBDO) status. The City agreed to assist the program with reimbursements
for the remaining CDBG-related costs for FY2022 and FY 2023. At year-end, the program
assisted 15 individuals with job placement.
8.Ravenswood Family Health Network requested a time extension to complete the
project for a new ADA Accessible Clinic Entrance and Exit at the Palo Alto Clinic. The new
completion timeline is June 2023.
Other CDBG Program Updates
The Ravenswood Family Health Network Mobile Clinic was put into service in September 2021
and has been used to provide vaccination and booster COVID -19 vaccines. The Mobile Clinic has
assisted 403 individuals. This was a CV funded project in FY2021.
Timeline:
As required by HUD, the FY2021-22 CAPER was submitted by the September 28th deadline.
Stakeholder Engagement:
An advertisement was published in The Daily Post on August 24, 2022 announcing the
availability of the draft CAPER for public review and comment. The draft CAPER was posted on
the City’s CDBG webpage3 (https://www.cityofpaloalto.org/cdbg) from August 24, 2022 through
September 7, 2022. On September 8, 2022 the Human Relations Commission (HRC) conducted
a public hearing to review the CAPER and allow for public comment.
There were two speakers that provided the following comments at the meeting:
3 The City’s CDBG webpage https://www.cityofpaloalto.org/cdbg
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City of Palo Alto Page 4
•Alexis Crews-Holloway, a Project Manager with Downtown Streets Team, stated
Downtown Streets exceeded their goal by 107% of the contract goal by serving 15
individuals for the entire fiscal year and believed the CAPER did not reflect this.4
•Carol Conn, the Executive Director at Project Sentinel, wanted to reiterate that they
have a robust landlord/tenant mediation program that assists in keeping people housed
and living in harmony; this a very big component of what Project Sentinel does for the
City of Palo Alto.
Environmental Review:
Council action on this item is not a considered a project as defined by CEQA because the
Consolidated Annual Performance and Evaluation Report is for informational purposes only
with no action required by the Council.
Attachments:
Attachment11.a: Attachment A: CDBG CAPER 2021-2022 (PDF)
4 The accomplishments reported in the CAPER reflect the two months that this program was eligible for CDBG
funding.
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CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION
REPORT (CAPER)
PROGRAM YEAR: JULY 1, 2021 THROUGH JUNE 30, 2022
PUBLIC COMMENT PERIOD: AUGUST 24, 2022 THROUGH SEPTEMBER 7, 2022
ADMINISTERED BY: PLANNING AND DEVELOPMENT SERVICES
DRAFT - SEPTEMBER 2022
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1
Table of Contents
CR-05 - Goals and Outcomes ........................................................................................................................ 2
CR-10 - Racial and Ethnic composition of families assisted .......................................................................... 8
CR-15 - Resources and Investments 91.520(a) ............................................................................................. 9
CR-20 - Affordable Housing 91.520(b) ........................................................................................................ 12
CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) .................................... 14
CR-30 - Public Housing 91.220(h); 91.320(j) ............................................................................................... 17
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) ........................................................................................ 18
CR-40 - Monitoring 91.220 and 91.230 ....................................................................................................... 22
CR-45 - CDBG 91.520(c) .............................................................................................................................. 23
CR-58 – Section 3 ........................................................................................................................................ 24
Public Comments ........................................................................................................................................ 26
ANNUAL ACTION PLAN FY2020-21: CDBG-CV SUBSTANTIAL AMENDMENT .............................................. 27
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CAPER 2021-2022 2
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
Below, as shown in Table 1 - Accomplishments – Program Year & Strategic Plan to Date, is a description of the progress the City of Palo Alto has
made in achieving the goals outlined in its strategic plan and annual action plan. In Program Year 2021-22, the City achieved the majority of its
annual goals and is on track to meet most of the five-year goals outlined in the Consolidated Plan.
1.Catholic Charities, through the Long-Term Care Ombudsman Program, assisted 262 mostly low- or moderate- income elderly residents at the
Palo Alto long-term care facilities thatmainly serve low-income residents.
2.Alta Housing had on-site counseling services available to the residents of the 131 units of the Single-Room Occupancy (SRO) Resident Support
Program at Alma Place (25 units) and Barker Hotel (106 units). Services were provided to 151 residents.
3.LifeMoves, at the Opportunity Services Center, provided case management services including assistance with housing and job searches,
referrals, and mentoring to 56 homeless and/or very low-income Palo Alto residents.
4.Project Sentinel (Fair Housing Services) assisted 17 individuals in investigating their fair housing complaints; 21 residents received individual
consultation relating to specific fair housing questions.]
5.Silicon Valley Independent Living Center (SVILC) (Housing and Emergency Services) assisted 26 adults with disabilities in developing an
independent living plan for housing that resulted in improved accessibility to decent affordable housing.
6.Rebuilding Together Peninsula (Safe at Home) assisted six households with home rehabilitation.
7.Downtown Streets Team (Workforce Development) connected employers with seven individuals who were meaningfully employed,
expending $27,408 in first quarter. The Workforce Development program was eligible for CDBG funding for July and August 2021 only, due to a
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CAPER 2021-2022 3
change in the organization’s Community Based DevelopmentOrganization (CBDO) status. The City has agreed to assist the program with
reimbursements for the remaining CDBG-related costs for FY2022; the program assisted eight more individuals with job placement, for a total of
15.
8.Ravenswood Family Health Network requested a time extension to complete the project for a new ADA Accessible Clinic Entrance and Exit at
the Palo Alto Clinic. The new completiontimeline is June 2023.
Program Year 2020-21 Annual Action Plan Substantial Amendment
The City was informed by the CDBG subrecipient LifeMoves that they no longer needed the remaining funds allocated to them in Program Year
2020-21. These funds supported a Rental Assistance Program and specifically came from CDBG-Coronavirus (CDBG-CV) grants. The remaining
funds totaled $194,501. Staff investigated other funding opportunities for eligible CDBG-CV activities for the reallocation of the $194,501 and
plan to fund $160,300 for Move Mountain View to support a safe parking program and $34,201 for LifeMoves to administer a COVID-19 testing
program.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and
explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual
outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
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CAPER 2021-2022 4
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Affordable
Housing
Affordable
Housing CDBG: $0 Rental units rehabilitated
Houshold
Housing
Unit
107 0 0.00% 0 0 0
Affordable
Housing
Affordable
Housing
CDBG:
$65,340
Homeowner Housing
Rehabilitated
Household
Housing
Unit 40 6 15.00% 6 6 100
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CAPER 2021-2022 5
Economic
Development
Non-Housing
Community
Development
CDBG: $0
Public service activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted
0 0
Economic
Development
Non-Housing
Community
Development
CDBG: $ Homeless Person
Overnight Shelter
Persons
Assisted 0 0 0 0
Economic
Development
Non-Housing
Community
Development
CDBG:
$160,477 Jobs created/retained Jobs 150 28 18.00% 15 7 46.67%
Fair Housing
Non-Housing
Community
Development
CDBG:
$33,698
Public service activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted 75 41 22.67% 16 24 105%
Homelessness Homeless
CDBG:
$48,556 /
CDBG-CV:
$
Public service activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted 850 222 26.12% 167 222 132.93%
Homelessness Homeless
CDBG: $0
/ CDBG-
CV: $
Tenant-based rental
assistance / Rapid
Rehousing
Households
Assisted 60 54 90.00% 90.00%
Homelessness Homeless CDBG:
$31,545 /
Homeless Person
Overnight Shelter
Persons
Assisted 100 99 99.00% 38 56 147%
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CAPER 2021-2022 6
Table 1 - Accomplishments – Program Year & Strategic Plan to Date
Please note, these activities and the goals listed in the table are related to the City’s 5-Year Consolidated Plan. Where there is funding listed in the table
above, these goals were set as priorities for PY2021-22.
Assess how the jurisdiction’s use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the plan,
giving special attention to the highest priority activities identified.During Program Year 2021, the City’s CDBG subrecipients continued to
provide vital services to extremely low, very low, low and moderate-income households while addressing: (1) the priorities and needs of the
CDBG-CV:
$
Homelessness Homeless
CDBG: $0
/ CDBG-
CV: $
Overnight/Emergency
Shelter/Transitional
Housing Beds added
Beds 0 0 0 0
Homelessness Homeless
CDBG: $0
/ CDBG-
CV: $
Homelessness Prevention Persons
Assisted 0 0
Strengthen
Neighborhoods
Non-Homeless
Special Needs
Non-Housing
Community
Development
CDBG: $ /
CDBG- CV:
$300,000
Public Facility or
Infrastructure Activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted 1200 0 0.00%
Strengthen
Neighborhoods
Non-Homeless
Special Needs
Non-Housing
Community
Development
CDBG: $ /
CDBG-CV:
Public service activities
other than
Low/Moderate Income
Housing Benefit
Persons
Assisted 1345 1286 95.00% 403
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CAPER 2021-2022 7
community as explained in the City’s adopted 2020-25 Consolidated Plan; and (2) the City’s funding priorities and strategies to address COVID-19
related impacts, using funds from the CDBG CARES Act (CDBG-CV).
The City has achieved a number of goals as outlined in the 2021 Annual Action Plan (AAP) through CDBG and CDBG-CV funding. A total of
$746,715 is available for funding projects and programs during the 2021 Program Year. The City received $536,756 from the federal CDBG
program, approximately $136,049 in program income and $73,910 in reallocated funds from previous years. At the time of this reporting, the
City has spent approximately $186,934. However, this will significantly increase in the next few months. Due to turnover and lack of staffing,
three of the organizations have requested an extension of the reporting deadline and in one case an extension in contract.
Through the combination of CDBG and CDBG-CV funds, in total, 935 persons were assisted in this Program Year. Of the 935 persons, 383 were
extremely low-income, 421 were low income and 131 were moderate income of the total. Approximately 40 percent of all persons were assisted
through the COVID-19 related activities.
With the CDBG annual formula grant, Catholic Charities, through the Ombudsman Program, assisted 262 senior residents through visitation and
phone outreach at the local long-term facilities, and LifeMoves, at the Opportunity Services Center, provided case management services
including assistance with housing and job searches to 56 homeless/very low-income community residents. Project Sentinel provided fair housing
and tenant/landlord mediation services to 24 local residents. Additionally, through the CDBG funds, Alta Housing was able to offer on-site
counseling services to 151 residents of the Single-Room Occupancy (SRO) Resident Support Program. Additionally, Rebuilding Together
Peninsula was able to assist six households (eight persons) with home rehabilitation to help assist in the City’s goal of affordable housing.
Ravenswood Family Health Network, a local health clinic, administered COVID-19 tests for 403 community residents through the CDBG annual
formula grant through the pop-up vaccination events and booster COVID-19 vaccines.
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CAPER 2021-2022 8
CR-10 - Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
CDBG
White 416
Black or African American 109
Asian 146
American Indian or American Native 2
Native Hawaiian or Other Pacific Islander 3
Total 676
Hispanic 54
Not Hispanic 622
Table 2 – Table of assistance to racial and ethnic populations by source of funds
Narrative
Table 2 generated in IDIS has only five racial categories and does not reflect all of the racial categories
served by the City's CDBG funded activities. To accurately report the racial and ethnic breakdown, Table
2 is edited and provided as an attachment in the “Narrative” section. The updated table shows the
accurate racial and ethnic categories of total individuals served in PY2021-22 through CDBG and CDBG-
CV funds. Total number (935) also includes 403 individuals assisted through the COVID-19 related
activities. In total, the City’s CDBG program served 935 individuals in PY2021-22. Of those individuals,
approximately 44% were White; 27% were African American; 36% were Asian; less than 1% were either
American Indian/American Native, Native Hawaiian, American Indian/Alaskan Native and Black,
American Indian/Alaskan Native and White, Black or African American/White. Fifty six percent of
individuals reported as “Other.”
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CAPER 2021-2022 9
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal 746,715 186,934
Other public - federal 0
Table 3 - Resources Made Available
Narrative
Almost all of the City’s CDBG subrecipients were able to utilize all of their grant funds in PY2021-22 with
the exception of Silicon Valley Independent Living Center (SVILC) Rental Assistance Program and
Ravenswood Family Health Network: ADA Accessible Clinic Entrance and Exit at the Palo Alto Clinic; both
COVID-19 (CARES-ACT) projects.
• Silicon Valley Independent Living Center (SVILC) Rental Assistance Program has $47,085 remaining in
this grant. SVILC has continued to face challenges with the shutdown due to the COVID-19 pandemic
and their inability to provide in-person services to residents at the Palo Alto Opportunity Services
Center. Additionally, the State’s extended eviction moratorium has postponed many residents’ acute
concerns about being behind on rent. The City has worked with SVILC and provided them an extension
of six additional months, through December 2021, to utilize the remaining grant funds because the
agency expects that after the state's eviction moratorium ends, there will be an increase demand for
rental assistance. SVILC reported that they have assisted 6 people and their goal was 10 for the year.
• For Ravenswood Family Health Network (ADA Accessible Clinic Entrance and Exit at the Palo Alto
Clinic), the project was funded $300,000 but the project had a number of issues in regards to
architectural design and plan check approval. They are nearing completion for all of the preliminary
items and will be putting the project out to bid soon. Once a contractor is chosen and construction
begins, they estimate the work to last about 2-3 months. A combination of County plan check delays and
supply chain issues were causing the overall delay of the project resulting is a request for a time
extension to June 2023 to complete the work.
Every year, the City tracks a sub-recipient’s spending with the goals that have been established. In some
cases, a sub-recipient/organization is not able to spend the remaining funds. These funds are then
added to the City’s unused funds from previous years and are considered roll over funds to be allocated
as part of the following program year. The anticipated rollover funds from program year 2021 were
included in the planning process for program year 2022. The Notice of Availability of Funding (NOFA)
was published in Winter 2021.
In the case that SVILC and Ravenswood are not able to spend the remaining funds, these funds will be
added to the City’s unused funds from previous years and will be allocated as part of the 2023-24 Notice
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CAPER 2021-2022 10
of Availability of Funding (NOFA) to be published in Winter 2022.
In October 2020, Staff published NOFA for the second round of available CDBG-CV funds ($451,504) and
received two applications Ravenswood Vaccination Van, and LifeMoves Hotel De Zink Program.
• Hotel De Zink provided emergency shelter to homeless clients from January 2021 through June 2021.
After fully funding the two requests, the City still had $43,000 to allocate to an activity/project. In
February 2021, staff re-published NOFA for the remaining $43,000 and received only one application
from LifeMoves for the same Hotel De Zink program (provide emergency shelter to homeless clients
from July 2021 through December 2021). Staff amended the original contract and added $43,000 and
extended the term of performance from June 2021 to December 2021. The organization fully utilized the
additional $43,000 by December 2021.
• Ravenswood Vaccination Van was funded through a combination of PY2020 CDBG annual formula
grant ($149,950) and CDBG-CV ($204,600) funds. This activity’s goals were achieved. According to their
reporting, the Ravenswood organization assisted 403 persons with vaccination and or testing in program
year 2021-2022.
Identify the geographic distribution and location of investments
Target Area Planned Percentage of
Allocation
Actual Percentage of
Allocation
Narrative Description
Table 4 – Identify the geographic distribution and location of investments
Narrative
The City considers the provisions of all types of housing assistance on a citywide basis consistent with
the policies of the Comprehensive Plan. Palo Alto does not have specific target areas for housing
activities; instead, the City attempts to provide affordable housing to lower-income persons throughout
the City. Minority concentration includes areas in the City where the concentration of racial and ethnic
minority population is 10% or higher than their total citywide representation. There are only a few areas
that are considered to have a concentration of minority populations or low-income residents in Palo
Alto. The CDBG Program defines low-income concentration as any census block group where 51% or
more residents earn 80% of Median Family Income (MFI) or less. An exception exists for a jurisdiction
that does not have any areas meeting this definition, such as Palo Alto, which includes the highest
quartile of all areas in the City in terms of degree of concentration, is used. However, Palo Alto does not
qualify activities under the low- and moderate- income (LMI) area benefit category.
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Leveraging
Explain how federal funds leveraged additional resources (private, state and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction that were used to address the
needs identified in the plan.
Palo Alto leverages federal and private housing funds to the greatest extent feasible consistent with the
goals identified in the 2020-2025 Consolidated Plan. Moreover, the City continues to encourage non-
profit organizations to seek other local, state, and federal funding for both housing and non-housing
community development activities.
HUMAN SERVICES RESOURCE ALLOCATION PROCESS (HSRAP): The City of Palo Alto provided $549,306 in
General Funds during PY2021-22 to address primary human service needs in the community. These
funds include multi-year agreements allocated by HSRAP and administered by the Office of Human
Services in the Community Services Department. Funded projects addressed the Human Relations
Commission’s priority needs in the following categories: early childcare and education, youth programs,
senior nutrition and social services, homelessness, and basic needs such as health care and mental
health.
HOUSING IN-LIEU: The City of Palo Alto maintains a local housing fund consisting of two sub funds: the
“Commercial Housing Fund” and the “Residential Housing Fund.” Palo Alto, under Chapter 16.65 of the
Municipal Code, requires commercial and industrial development projects to pay a housing mitigation
fee. The fees are deposited in the “Commercial Housing Fund”, and the accumulated fees and interest
earned on the fund are made available for the creation of new low and moderate-income housing units
under the “Affordable Housing Fund Guidelines” adopted by the City Council. As of April 12, 2022, the
Commercial Housing Fund had a preliminary available balance of approximately $1,451,109.
Pursuant to Program H-3.1.2, the Below Market Rate Program of the City’s Housing Element, Palo Alto
collects housing in-lieu fees from residential development when it is infeasible to provide below market
rate units on-site. The accumulated fees and interest earned on the fund and other miscellaneous
revenues related to housing, are placed in a special fund: “Residential Housing Fund.” This fund is used
to provide funding for acquisition or rehabilitation of low and moderate-income housing but may also
be used for assistance to new housing construction projects. As of April 12, 2022, the Residential
Housing Fund had a preliminary available balance of approximately $731,838.
These are the only local sources of funding and subsidies available for affordable housing within the City.
They are used to provide matching funds, pay for expenses which exceed HUD income and cost limits, to
fund the cost of features and amenities classified as ineligible under federal housing programs,
predevelopment expenses, feasibility studies, site acquisition, and other similar purposes.
No publicly owned land or property was used to address needs identified in the Annual Action Plan.
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CR-20 - Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the
number and types of families served, the number of extremely low-income, low-income,
moderate-income, and middle-income persons served.
One-Year Goal Actual
Number of Homeless households to be
provided affordable housing units 0 0
Number of Non-Homeless households to be
provided affordable housing units 0 0
Number of Special-Needs households to be
provided affordable housing units 0 0
Total 0 0
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported through
Rental Assistance 0 0
Number of households supported through
The Production of New Units 0 0
Number of households supported through
Rehab of Existing Units 6 6
Number of households supported through
Acquisition of Existing Units 0 0
Total 6 6
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting these goals.
The City has partnered with Rebuilding Together - Peninsula and introduced a “Safe at Home” Program.
Through this program, critical health and safety related home repair needs were provided to six low-
income homeowners. This is the first year that this program has been implemented and had trouble
initially establishing environmental process through the City. However, despite these initial setback,
Rebuilding Together – Peninsula was able to exceed their initial goals and will also be funded in the next
program year.
Discuss how these outcomes will impact future annual action plans.
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The City has partnered with Rebuilding Together - Peninsula and introduced a “Safe at Home” Program.
Through this program, critical health and safety related home repair needs were provided to six low-
income homeowners. All six households served were extremely low-income. As previously mentioned,
the City has decided to continue to support Rebuilding Together – Peninsual in the upcoming program
year. The organization has continued to provide essential services to residents and this partnership will
continue to support the affordable housing goals contained in both the Consolidated Plan and Action
Plans.
Include the number of extremely low-income, low-income, and moderate-income persons served by each activity where information on income by family size is required to determine the eligibility of the activity.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 6 0
Low-income 0 0
Moderate-income 0 0
Total 6 0
Table 7 – Number of Households Served
Narrative Information
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CR-25 - Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)
Evaluate the jurisdiction’s progress in meeting its specific objectives for reducing and ending
homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs
Providing services for the unhoused in Palo Alto and ultimately ending homelessness has been a long-
standing local concern. As the COVID-19 pandemic continues to be present, the strain on individuals and
households has increased the number of people experiencing homelessness, challenged service
providers to find new ways to deliver services, and makes this topic even more relevant.
Every two years, during the last ten days of January, communities across the United States conduct
comprehensive counts of the local population experiencing homelessness. The last Point-in-Time Count
was done in 2019 and it showed 313 Total Unhoused in Palo Alto (299 unsheltered and 14 sheltered)
which is an increase from 2017, when the count was 276. The County was unable to complete a count in
PY 2021 due to COVID-19; a Point-in-Time Count was completed in 2022 and County is working on
finalizing 2022 numbers.
The City of Palo Alto supports services to the unhoused as well as homelessness prevention through
three main funding sources: HSRAP, CDBG, and Emerging Needs Fund. At a high level, funding for the
unhoused is geared towards unhoused support and homelessness prevention. Unhoused Support
includes: workforce development, basic needs stipends for work experience, food, seasonal homeless
shelter, school supplies for homeless children, case management, tele-medicine equipment, and
shower/laundry services.
Homelessness Prevention Support includes: Provision of emergency rent and utility funding assistance
through LifeMoves and Silicon Valley Independent Living Center. Additionally, there are local and State
rental assistance programs available to local residents during the COVID pandemic. LifeMoves –
Opportunity Center is designated by the County as the Emergency Assistance Network Agency for
financial assistance for Palo Alto.
The Opportunity Services Center (OSC) in Palo Alto exclusively serves homeless individuals. LifeMoves at
the OSC, provides intake services to all the clients they serve to assess their needs and provide the
appropriate resources and referrals. They also provide basic need services such as access to restrooms,
showers, laundry, used clothing, hygiene supplies, health care, mail/telephone services, food,
transportation assistance, information and referral services, counseling, and other critical services. As a
result, through support from CDBG and funding from the County’s office of supportive housing, in
PY2021-22, they have served 56 unduplicated individuals.
Palo Alto will continue to explore its funding strategy and collaborate with other South County cities to
ensure that limited federal and local resources are targeted to pressing community needs such as
homelessness.
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Addressing the emergency shelter and transitional housing needs of homeless persons
The following activity received funding from the City of Palo Alto to provide emergency shelter and/or
transitional housing for homeless persons
LifeMoves – Hotel De Zink, CDBG $ 31,545: Through the Hotel de Zink activity, LifeMoves, offered longer
hours of support to the homeless population of Palo Alto. The hours of operations of the Hotel de Zink
emergency shelter were extended by 55% from 9 PM through 6 AM, to 5PM through 7 AM. This allowed
these vulnerable clients to have a greater portion of their day in a safe and supportive environment
where they could receive the assistance they so desperately needed. The longer Hotel de Zink hours,
and increased communication via the electronic signage are a few factors attributed to not having a
widespread outbreak of COVID-19 within the Opportunity Services Center and/or Hotel de Zink
emergency shelter. The organization is continuing the extended hours of operations.
Helping low-income individuals and families avoid becoming homeless, especially extremely
low-income individuals and families and those who are: likely to become homeless after
being discharged from publicly funded institutions and systems of care (such as health care
facilities, mental health facilities, foster care and other youth facilities, and corrections
programs and institutions); and, receiving assistance from public or private agencies that
address housing, health, social services, employment, education, or youth needs
The following agencies received funding from the City of Palo Alto to help low income individuals and
families avoid becoming homeless.
Alta Housing; CDBG $24,535: Alta Housing had on-site counseling services available to residents of the
131 units of the Single-Room Occupancy (SRO) Resident Support Program at Alma Place and Barker
Hotel. Majority of the residents are low-income, disabled, elderly, veterans, and formerly homeless
adults. Many residents have difficulty managing daily living skills, such as managing finances,
maintaining their heath (mental and physical) and apartments, and gettingalong with others. Without
onsite support, such issues can become so severe that tenants risk losing their housing. Case
management was provided to 151 residents.
LifeMoves; Case Management; CDBG $31,545: The organization provided 1:1 case management service
including assistance with housing and job searches, referrals, and mentoring to 56 unduplicated
homeless and/or very low-income Palo Alto residents.
Silicon Valley Independent Living Center; Rental Assistance Program; CDBG $58,233: Through this grant,
the organization was able to address rent increases, utility payments, emergency situations, and other
market forces due to COVID-19 to 6 residents. The target population of this activity were the lower
income (80% or less AMI) residents with disabilities, veterans and older adults, aged 55 and over.
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The City follows the guidance of Santa Clara County's CoC as it relates to individuals who may be
discharged from publically funded institutions and systems of care. Currently, neither the CoC nor the
City have a written policy that specifically addresses discharges, but the CoC actively works with health
care facilities, hospitals, and correction programs and institutions when individuals are discharged to
provide referrals to shelters.
Helping homeless persons (especially chronically homeless individuals and families, families
with children, veterans and their families, and unaccompanied youth) make the transition to
permanent housing and independent living, including shortening the period of time that
individuals and families experience homelessness, facilitating access for homeless individuals
and families to affordable housing units, and preventing individuals and families who were
recently homeless from becoming homeless again
The following agencies received funding from the City of Palo Alto to help homeless persons make the
transition to permanent housing and independent living.
Silicon Valley Independent Living Center; Case Management; CDBG $14,021: SVILC is highly recognized
for its Housing Workshops. The Housing Workshops cover many important topics such as: credit
readiness and credit repair; types of low-income housing and eligibility; application and interview
preparation; tenant and landlord rights and responsibilities; fair housing and home modifications laws
and resources; security deposit and rental assistance programs; long term services and supports.
Through the PY2021-22 CDBG funding, 26 unduplicated Palo Alto residents with disabilities received
one-on-one assistance and developed an independent living plan for housing which resulted in
improved accessibility to decent affordable housing. Their annual goal was 24.
Project Sentinel; Fair Housing Services; CDBG $33,698: Project Sentinel provided community education
and outreach regarding fair housing law and practices, investigation, counseling and legal referral for
victims of housing discrimination. In total, 17 fair housing complaints were investigated by Project
Sentinel and 24 residents were provided individual consultation relating to specific fair housing
questions.
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CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
Not applicable. The Housing Authority of the County of Santa Clara (HACSC) owns and manages four (4)
public housing units, which are all located in the City of Santa Clara. There is no public housing in Palo
Alto.
Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership
While the majority of their units have been converted to affordable housing stock, HACSC is proactive in
incorporating resident input into the agency’s policy-making process. An equitable and transparent
policy-making process that includes the opinions of residents is achieved through the involvement of
two tenant commissioners, one being a senior citizen, on the HACSC board.
Actions taken to provide assistance to troubled PHAs
Not applicable.
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CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment. 91.220 (j); 91.320 (i)
The City of Palo Alto has undertaken a number of actions to eliminate barriers to the development of
affordable housing including participation in a county-wide effort to provide additional affordable
housing units; programs in the 2015-2023 Housing Elementto increase the supply of affordable housing;
and increase the development impact fees for housing.
Housing Trust Silicon Valley (Housing Trust): The Housing Trust, formerly the Housing Trust Fund of
Santa Clara County (HTSCC), was created to provide additional financial resources to address the
County’s affordable housing deficit. The Housing Trust’s mission is to make Silicon Valley a more
affordable place to live. Loans and grants are issued to increase the supply of affordable housing, assist
first-time home buyers, prevent homelessness and stabilize neighborhoods. Palo Alto was among the
contributors during its founding and has continued to allocate funding. A provision was added to ensure
the City’s funds be used exclusively for qualifying affordable housing projects within the City of Palo
Alto.
2015-2023 Housing Element Update: The Palo Alto Housing Element, which is part of the City’s
Comprehensive Plan, is the chief policy document describing the City’s housing needs and the policies
and programs the City will use to meet those needs. The 2015-2023 Housing Element Update has been
certified by the California State Department of Housing and Community Development.
Development Impact Fees for Housing: The City’s impact fees are comprised of four categories: Housing,
Traffic, Community Facilities, and Parkland Dedication. The City has completed Nexus Studies for
Residential and Commercial Development. The studies served as a basis for an update to both
residential and non-residential housing fees and became effective on June 19, 2017. The housing impact
fees are updated anuually. Full payment is required at building permit issuance with some exemptions
including hospitals and convalescent facilities, private education facilities, public facilities and private
clubs, lodges and fraternal organizations.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)
The City’s CDBG program diligently works with other purveyors of funding to provide the most value per
dollar. This is actualized by partnering with other City resources such as HSRAP and leveraging dollars
invested in site acquisition for low-income housing with a multitude of other funding sources. However,
Palo Alto is at a disadvantage in removing or eliminating obstacles to meeting underserved needs due to
the consistently shrinking amount of CDBG funds available in recent years. To address this, the City
supplements its CDBG funding with other resources and funds, such as:
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• During PY2021-22, the City’s Human Service Resource Allocation Process (HSRAP) provided
approximately $549,306 from the General Fund in support of human services. The HSRAP funds, in
conjunction with the CDBG public service funds, are distributed to local non-profit agencies;
• The Palo Alto Commercial Housing Fund is used primarily to increase the number of new affordable
housing units for Palo Alto’s work force. It is funded with mitigation fees required from developers of
commercial and industrial projects;
• The Palo Alto Residential Housing Fund is funded with mitigation fees provided under Palo Alto’s BMR
housing program from residential developers and money from other miscellaneous sources, such as
proceeds from the sale or lease of City property;
• The City’s Below Market Rate Emergency Fund was authorized in 2002 to provide funding on an
ongoing basis for loans to BMR owners for special assessment loans and for rehabilitation and
preservation of the City’s stock of BMR ownership units; and
• HOME Program funds are available on an annual competitive basis through the State of California
HOME program, and the County’s HOME Consortium.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
Lead poisoning can cause permanent damage to the brain and many other organs, and can result in
reduced intelligence and behavioral problems in young children. More than 80,000 children younger
than six years old living in the United States have lead in their blood that is above the level of concern
set by the Centers for Disease Control and Prevention (CDC). A significant number of these children are
in families of low income and are living in old homes with heavy concentration of lead-based paint and
lead-contaminated dust and soil in the environment.
The City’s housing and CDBG staff provides information and referrals to property owners, developers,
and nonprofit organizations rehabilitating older housing about lead-based paint (LBP) hazards. Any
house to be rehabilitated with City financial assistance is required to be inspected for the existence of
LBP hazards. The City will provide financial assistance for the abatement of LBP hazards in units
rehabilitated with City funding. The City also requires that contractors are trained and certified in an
effort to decrease the risk of potential use of LBP innew units. All development and rehabilitation
projects must be evaluated according to HUD’s Lead Safe Housing Rule 24 CFR Part 35.[1]
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j)
The City, in its continuing effort to reduce poverty, prioritized funding agencies that provide direct
assistance to the homeless and those in danger of becoming homeless. In PY2021-2022, these programs
included the following:
Catholic Charities of Santa Clara County, through the Ombudsman Program, assisted 262 senior
residents through visitation and phone outreach at the local long-term facilities.
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LifeMoves, at the Opportunity Services Center, provided case management services including assistance
with housing and job searches to 56 homeless/very low-income community residents LifeMoves
provides basic necessities for persons who are homeless or at risk of becoming homeless. The
Opportunity Services Center is a comprehensive, one-stop, multi-service, day drop-in center that
provides critical services for homeless Palo Alto residents. Specifically, the facility provides showers,
laundry, clothing, snacks, case management, and shelter/housing referral services.
Alta Housing provided counseling and supportive case management services for low-income residents of
single-room occupancy facilities to help them maintain housing stability. Activities included financial
counseling, health maintenance, information and referral, problem solving, employment assistance,
crisis intervention, and case management. Alta Housing was able to provide services to 151 individuals.
Downtown Streets Team is a nonprofit in the City that works to reduce homelessness through a “work
first” model. Downtown Streets Team utilized their community connections to provide training and job
opportunities to homeless people, specifically in the downtown area. The Workforce Development
Program provided transition from unemployment and homelessness to regular employment and
housing through case management, job training, mentoring, housing, and transportation assistance. The
Downtown Streets Team connected seven individuals who were meaningfully employed.
As mentioned previously, the City provided LifeMoves with $31,545 in CDBG funds in PY2021-22. During
the fiscal year 56 homeless and/or very low-income Palo Alto residents received case management
services including assistance with housing/job search, referral and mentoring.
Actions taken to develop institutional structure. 91.220(k); 91.320(j)
The City is striving to improve intergovernmental and private sector cooperation to synergize efforts and
resources and develop new revenues for community service needs and the production of affordable
housing. Collaborative efforts include:
• Regular bi-weekly meetings between entitlement jurisdictions at the CDBG Coordinators;
• Meeting and Regional Housing Working Group;
• Joint jurisdiction Request for Proposals and project review committees;
• Coordination on project management for projects funded by multiple jurisdictions; and
• HOME Consortium meetings between member jurisdictions for affordable housing projects.
Actions taken to enhance coordination between public and private housing and social service
agencies. 91.220(k); 91.320(j)
The City benefits from a strong jurisdiction and region-wide network of housing and community
development partners, such as the County and the Continuum of Care (CoC). To improve
intergovernmental and private sector cooperation, the City participated with other local jurisdictions
and developers in sharing information and resources. In addition to the actions listed above, the City will
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continue to coordinate with the City’s HSRAP funding efforts to comprehensively address community
needs.
Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520(a)
The City makes every effort to affirmatively further fair housing in compliance with the adopted Analysis
of Impediments. The following is a list of actions taken to affirmatively further fair housing:
• The Department of Housing and Community Development has certified the City’s 2015-2023 Housing
Element update;
• The City targeted the majority of its local housing funds to increase and preserve the supply of
affordable housing;
• The Office of Human Services regularly met with the County of Santa Clara Housing Authority to place
homeless individuals with Section 8 vouchers;
• Affordable housing information and referral services were provided by the Office of Human Services;
and
• In a joint effort with the County of Santa Clara and Cities, the City is currently updating its Assessment
of Fair Housing (AFH) Plan. The Palo Alto AFH Plan Is expected to be completed in Winter/Spring 2023.
During PY2021-22, the City continued to support actions to affirmatively further fair housing choice
through a subrecipient agreement with Project Sentinel, a non-profit organization dedicated to assisting
individuals with housing problems. Project Sentinel exceeded their goal of 15 individuals served through
case work. They served 24 individuals via casework. They also exceeded their goal of 12 consultations.
They completed 16 extended fair housing consultations, and reached 1,147 Palo Alto residents and
service providers through outreach. They updated their fair housing manual for housing providers and is
readily available on their website. They also met their goal of distributing a minimum of 1000 pieces of
literature. They exceeded their goal of reaching 50 people through intake and referral and instead
reached 53 people.
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CR-40 - Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in furtherance
of the plan and used to ensure long-term compliance with requirements of the programs
involved, including minority business outreach and the comprehensive planning
requirements
The City continues to actively monitor all subrecipients and projects ensuring compliance with program
and comprehensive planning requirements. Monitoring involves review of semiannual and annual
performance reports, review of reimbursement requests and submitted backup documentation,
agency’s audit reports etc. Biennial on-site monitoring is carried out for all CDBG subrecipients and
consists of reviewing client files, project objectives and conformance with agreement, administrative
management, financial management/internal controls etc.
For the program year 2021-22, the City anticpiates completing the monitoring in by end of 2022.
Citizen Participation Plan 91.105(d); 91.115(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to
comment on performance reports.
The program year 2021-2022 Draft CAPER was made available on the City website
(https://www.cityofpaloalto.org/CDBG) for the required 15 days public comment period from August
24th through September 7, 2022. An advertisement was placed in The Daily Post, a newspaper of
general circulation, on August 24, 2022, advertising the availability of the CAPER for public review and
comment. The draft CAPER was posted on the City’s website on August 24, 2022. Due to COVID-19,
copies of the CAPER were available electronically. The Human Relations Commission held a virtual public
hearing on September 8, 2022 to discuss the CAPER and to allow the public an opportunity to comment
on the CAPER. Public comments were not received during the 15-day public review/comment period.
Two (2) public comments were received during the HRC meeting held on September 12, 2022 (see page
26 of this document).
Per the City’s adopted Citizen Participation Plan, the City offers translation services when a significant
number of non-English speaking residents can be reasonably expected to participate, or when a
reasonable request for such an accommodation is made. Non-English speaking residents requiring
translation assistance or residents requiring any accommodations are advised to submit their request as
soon as possible but no later than 48 hours in advance of a scheduled meeting, program, or service.
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CR-45 - CDBG 91.520(c)
Specify the nature of, and reasons for, any changes in the jurisdiction’s program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
Not applicable. The City does not plan to change the CDBG program objectives.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
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CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided
Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 0 0 0 0 0
Total Labor Hours
Total Section 3 Worker Hours
Total Targeted Section 3 Worker Hours
Table 8 – Total Labor Hours
Qualitative Efforts - Number of Activities by
Program
CDBG HOME ESG HOPWA HTF
Outreach efforts to generate job applicants who are
Public Housing Targeted Workers
Outreach efforts to generate job applicants who are
Other Funding Targeted Workers.
Direct, on-the job training (including
apprenticeships).
Indirect training such as arranging for, contracting
for, or paying tuition for, off-site training.
Technical assistance to help Section 3 workers
compete for jobs (e.g., resume assistance,
coaching).
Outreach efforts to identify and secure bids from
Section 3 business concerns.
Technical assistance to help Section 3 business
concerns understand and bid on contracts.
Division of contracts into smaller jobs to facilitate
participation by Section 3 business concerns.
Provided or connected residents with assistance in
seeking employment including: drafting
resumes,preparing for interviews, finding job
opportunities, connecting residents to job
placement services.
Held one or more job fairs.
Provided or connected residents with supportive
services that can provide direct services or referrals.
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Provided or connected residents with supportive
services that provide one or more of the following:
work readiness health screenings, interview
clothing, uniforms, test fees, transportation.
Assisted residents with finding child care.
Assisted residents to apply for, or attend
community college or a four year educational
institution.
Assisted residents to apply for, or attend
vocational/technical training.
Assisted residents to obtain financial literacy
training and/or coaching.
Bonding assistance, guaranties, or other efforts to
support viable bids from Section 3 business
concerns.
Provided or connected residents with training on
computer use or online technologies.
Promoting the use of a business registry designed to
create opportunities for disadvantaged and small
businesses.
Outreach, engagement, or referrals with the state
one-stop system, as designed in Section 121(e)(2) of
the Workforce Innovation and Opportunity Act.
Other.
Table 9 – Qualitative Efforts - Number of Activities by Program
Narrative
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Public Comments
Human Relations Commission
Meeting – September 8, 2022
FY 2021-2022 CAPER
Public comments were not received during the 15-day public review/comment period.
Two (2) public comments were received during the HRC meeting held on September 12, 2022.
Speaker #1 – Alexis Crews-Holloway, Project Manager with Downtown Streets Team
• First off, I would like to thank HRC, City staff and the City’s CDBG consultants Maria and
Maria for all their hard work on this and our continued partnership. We are so
appreciative of you all. I would like to call to everyone’s attention to the memo that will
be attached to the CAPER as a separate attachment when it is submitted to HUD. It does
state that our program assisted 15 individuals with job placement at year end, which is
accurate and that we have achieved 107% of our contract goal. Our goal was to assist 14
individuals, so we actually have exceeded our contract goal even though what is reported
in the CAPER does not reflect this. I’m here if anyone has questions, although we still have
questions ourselves hoping to have answered soon from City’s CDBG consultants. So,
thank you to the HRC and everyone involved in this reporting process. I hope you all have
a good evening.
Speaker #2 – Carol Conn, Executive Director Project Sentinel
• Just want to thank the HRC Commission and otherwise all the staffing that goes into the
work to make the fair housing piece of the services sing. We are thankful for the
partnership with the City of Palo Alto. We, in addition to fair housing and the significant
work we put forward there. We also have a very robust landlord/tenant mediation
program that the goal for which is to keep people housed and living in harmony and that
is also a very big component of what Project Sentinel does for the City of Palo Alto. Just
wanted to reiterate our appreciation and thanks to the City for the continued support.
Thank you.
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CITY OF PALO ALTO - CDBG
ANNUAL ACTION PLAN FY2020-21: CDBG-CV SUBSTANTIAL AMENDMENT
City Council Approved June 20, 2022
INTRODUCTION:
The City of Palo Alto’s Annual Action Plan details the funding strategy for the Community
Development Block Grant (CDBG) program each year. Through the Annual Action Plan, the
City implement its Five-Year Consolidated Plan. The City’s Citizen Participation Plan (CPP)
describes the efforts that the City will take to encourage its residents to participate in
developing these plans. It also provides requirements for public process when a “substantial
amendment” to the Annual Action Plan is proposed. The following changes constitute a
substantial amendment and require public notice as described in the CPP:
• A change in the use of CDBG funds from one eligible activity to another;
• The implementation of an activity not previously identified in sufficient detail to
provide affected citizens an opportunity to submit comments; or
• A change in an activity’s program budget which exceeds ten percent of the City’s
latest annual entitlement grant.
The information provided in this attachment qualifies as a substantial amendment because
it meets all three criteria of a substantial amendment as described in the City’s CPP.
BACKGROUND:
The United States Congress passed the Coronavirus Aid, Relief, and Economic Security Act
(CARES Act) on March 27, 2020. The CARES Act expedites the use of CDBG funds to prevent
and respond to COVID-19. Through the CARES Act, the City received a total of $746,413 in
two separate grant allocations. These funds are to be used specifically for responding to the
COVID- 19 pandemic.
On June 15, 2020, Council allocated a portion of the first allocation of CARES Act funding
(CDBG-CV1) in the amount of $294,900 to LifeMoves to provide rental assistance to eligible
low-income Palo Alto families (i.e. 80% Area Media Income and below) who have suffered
documented income loss due to COVID-19. Of this amount, LifeMoves was able to spend
$99,499.50, and is now giving the remaining $194,500.50 back to the City to reallocate.
The purpose of this substantial amendment to the City of Palo Alto’s FY 2020-21 Annual
Action Plan is to reallocate a portion of the CDBG-CV funds that was returned by a
subrecipient to two new COVID-19 related projects and provide a summary of the
recommended projects/activities.
DISCUSSION:
The City will re-allocate $194,500.50 in CDBG-CV funds that was returned from LifeMoves
Rental Assistance Program. The LifeMoves Rental Assistance Program was funded in FY 2020-
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21 under the CDBG public services category to provide eligible households who are unable
to meet their monthly financial obligations as a result of the COVID-19 emergency with rental
assistance. Individuals and families in danger of becoming homeless or losing their homes,
will be able to remain in their homes. LifeMoves informed the City that they would be unable
to spend the remaining funds that they received for this program and are therefore returning
the funds to the City to be reallocated towards different COVID-related activities. Table 1
provides an overview of the recommended re-allocation of the $194,500.50 from the FY
20/21 program year.
Table 1. Staff Recommendation for the Reallocation of CDBG-CV Funds
Agency – Name of Program Amount
1. MOVE Mountain View – Safe Parking Program
$160,300
2. LifeMoves – COVID-19 Testing Program $34,200.50
TOTAL $194,500.50
Public Outreach Process for the Reallocation of CDBG-CV Funds
The City circulated the amendment to the FY 2020-21 Annual Action Plan for a 30-day public
comment period from May 20, 2022 through June 20, 2022. After the public comment period
concludes, the City Council will hold a public hearing on June 20, 2022.
A brief description of programs that will be funded with the City’s reallocated CDBG-CV funds
is provided below. The CDBG-CV funds will provide a valuable funding source for the City and
its non-profit partners to address the community needs in the wake of the COVID-19
pandemic.
Project Name MOVE Mountain View – Safe Parking Program
Goals Supported and Needs
Addressed
COVID-19 Response
Funding Amount CDBG-CV: $160,300
Description The program provides reserved off-street parking for
participants, as well as permanent housing solutions through
intensive case management. The Geng Road Safe Parking Lot
is where MMV will utilize the grant. There are 12 RV safe
parking spaces with eight spaces for client commuter car
parking. A unique resource on this lot is the presence of two
buildings. A library, laundry, kitchen, showers, and office
spaces will create many options for service to the clients in
the program.
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Estimate the number and type
of families that will benefit from
the proposed activities
Approximately eight Palo Alto residents will be served.
Location Description Citywide (Palo Alto)
Project Name LifeMoves – COVID-19 Testing Program
Goals Supported and Needs
Addressed:
COVID-19 Response
Funding Amount CDBG-CV: $34,200.50
Description LifeMoves will use this funding to purchase CUE Health Tests
that test for COVID-19 and deliver accurate results in 20
minutes. They can be administered to anyone at any time
that the Opportunity Services Center is open, whether the
client is symptomatic or asymptomatic.
Estimate the number and type
of families that will benefit
from the proposed activities
Approximately 450 Palo Alto residents will be served.
Location Description Citywide (Palo Alto)
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Schedule of Meetings
Published November 3, 2022
This is a courtesy notice only. Meeting dates, times, and locations are subject to change. Almost all Palo Alto
Council and some Standing Committee meetings are cablecast live on Channel 26. If there happens to be
concurrent meetings, one meeting will be broadcast on Channel 29.
Persons with disabilities who require auxiliary aids or services in using City facilities or programs, or who would like information on the City’s compliance with the Americans with Disabilities Act (ADA) of 1990, may
contact: ADA Coordinator, City of Palo Alto, 650-329-2550 (voice) or 329-1199 (TDD), ada@cityofpaloalto.org. Listening assistive devices are available in the Council Chambers. Sign language interpreters will be
provided upon request with 72 hours advance notice. Please advise the City Clerk's Office (650-329-2571) of meetings or changes by 3:00 p.m. on Wednesdays for inclusion in the following week’s schedule.
Meetings are held in-person and virtually unless otherwise noted
THURSDAY, November 3
Architectural Review Board, 8:30 a.m. Council Chambers
Policy & Services Committee, 7:00 p.m. Council Chambers
MONDAY, November 7
City Council, 5:00 p.m. Council Chambers
TUESDAY, November 8
Policy & Services Committee, 7:00 p.m. CANCELLED
THURSDAY, November 10
Historic Resources Board, 8:30 a.m. Council Chambers
Human Relations Commission, 6:00 p.m. Council Chambers
MONDAY, November 14
City Council, 5:00 p.m. Council Chambers
TUESDAY, November 15
Finance Committee, 5:30 p.m. Community Meeting Room
WEDNESDAY, November 16
Planning & Transportation Commission, 6:00 p.m. Council Chambers
THURSDAY, November 17
City/School Liaison Committee, 8:30 a.m. Virtual Only
Architectural Review Board, 8:30 a.m. Council Chambers
Public Art Commission, 7:00 p.m. Community Meeting Room
FRIDAY, November 18
Rail Committee, 1:00 p.m. Community Meeting Room
MONDAY, November 21
City Council, 5:00 p.m. CANCELLED
TUESDAY, November 22
Parks & Recreation Commission 7:00 p.m. Council Chambers
MONDAY, November 28
City Council 5:00 p.m. Council Chambers
TUESDAY, November 29
Finance Committee 5:30 p.m. Community Meeting Room
WEDNESDAY, November 30
Planning & Transportation Commission 6:00 p.m. Council Chambers
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