HomeMy WebLinkAbout2020-10-05 City Council Agendas (6)
City of Palo Alto (ID # 11548)
City Council Staff Report
Report Type: Action Items Meeting Date: 10/5/2020
City of Palo Alto Page 1
Summary Title: City Council First Reading: ADU Ordinance
Title: PUBLIC HEARING/LEGISLATIVE: Adoption of Several Ordinances
Regarding Accessory Dwelling Units and Junior Accessory Dwelling Units
Amending Palo Alto Municipal Code Titles 16 (Building) and 18 (Zoning);
Amendments Include Repealing Section 18.42.040 (Accessory and Junior
Accessory Dwelling Units) and Adding a new Chapter 18.09 (Accessory
Dwelling Units and Junior Accessory Dwelling Units); and Updating Chapters
18.04 (Definitions), 16.58 (Development Impact Fees), 16.04 (California
Building Code), 16.06 (California Residential Code), and 16.14 (California
Green Building Standards Code). Environmental Assessment: Exempt From
Review Under the California Environmental Quality Act (CEQA) Pursuant to
Public Resources Code Section 21080.17 and CEQA Guidelines Sections
15061(b)(3), 15282(h), 15301, 15302 and 15305 (CONTINUED FROM AUGUST
17, 2020)
From: City Manager
Lead Department: Planning and Development Services
Recommendation
Staff recommends the City Council adopt the attached Ordinances amending Palo Alto
Municipal Code Titles 16 (Building) and 18 (Zoning) to amend regulations for Accessory
Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs).
Executive Summary
On January 1, 2020, California’s new ADU and JADU laws went into effect. The Palo Alto City
Council adopted an Interim Urgency Ordinance (Attachment B) on January 13, 2020 to comply
with the new laws. The Interim Ordinance, in effect through January 2021, was intended to
make minimal changes to the City’s existing ADU regulations, while staff prepared a more
comprehensive update. The Updated ADU Ordinance (Attachment A) is intended to streamline
and simplify Palo Alto’s ADU/JADU regulations, ensure compliance with state laws, and
City of Palo Alto Page 2
promote the production of ADUs and JADUs in Palo Alto. The Planning and Transportation
Commission (PTC) recommended approval of the Updated ADU Ordinance related to the Title
18 changes within its purview.
The Updated ADU Ordinance creates PAMC Chapter 18.09, providing development standards
for all types of ADUs and JADUs. The chapter replaces the ADU and JADU sections from Chapter
18.42, in a more user-friendly format. The updated ordinance goes further than strictly required
by State legislation in some cases, to promote development of housing units.
In addition, Planning and Development Services staff have proposed several minor updates to
the local regulations for the California Building Code, California Residential Code, and California
Green Building Code as they relate to ADUs. Specifically, the proposed ordinances provided as
Attachments D, E and F amend the following PAMC Title 16 (Building) Sections:
o 16.04.300 of Chapter 16.04 (California Building Code, Attachment G)
o 16.06.240 of Chapter 16.06 (California Residential Code, Attachment H)
o 16.14.080 of Chapter 16.14 (California Green Building Standards Code,
Attachment I)
Proposed revisions to PAMC Chapters 16.04.300 and 16.06.240 of the California Building Code
and the California Residential Code Ordinances are to provide clarity related to conversions of
existing accessory buildings, such as garages and non-habitable storage structures into
Accessory Dwelling Units (ADUs). Section 16.14.080 is proposed as new code section of the
California Green Building Standards Code Ordinance (PAMC Chapter 16.14). Additional minor
edits to Chapter 16.14 were created to align with Section 16.14.080. These changes consolidate
the ADU and JADU requirements for green building compliance to provide clarity and
streamlines the ADU and JADU green building requirements.
Following Council adoption of the attached ordinances modifying Titles 16 and 18, staff will
continue working toward increasing the production of ADUs and JADUs. Efforts may include:
• process initiatives to simplify the review of these project types,
• use of SB2 funding to design pre-approved ADU/JADU designs,
• establishment of an over-the-counter approval process, and
• ongoing community outreach efforts, including updates to our webpages.
Background
Overview and Role of Palo Alto’s ADUs
ADUs provide much needed housing for Palo Altans and efforts to meet its Regional Housing
Needs Allocation (RHNA) targets. Over the last several years, the number of ADUs permitted
and constructed in Palo Alto has steadily increased. The upward trend is documented in the
City of Palo Alto Page 3
most recent ADU quarterly report in the Council packet for August 17, 2020.1 For the past three
years, the data shows that detached ADUs are the most prevalent application type (130 filed in
total), followed by attached ADUs (60 filed in total). JADUs are a very distant third (3 filed). Staff
will continue tracking production and include the data in the quarterly reports to Council.
The proposed ordinance may increase ADU development because the ordinance proposes
additional incentives and streamlines regulations. Staff expect ADU development will be
advanced further in the upcoming Housing Element update (must be updated by January 2023).
AB 671 requires that Housing Elements incentivize and promote ADUs at all income levels.
State Laws
The State of California continues to propose legislation to promote ADU production. In October
2019, Governor Newsom signed several bills related to ADUs and JADUs (AB 68, AB 881, SB 13).
These new laws became effective on January 1, 2020, and invalidated local ordinances that did
not comply with the new standards. For expediency, on January 13, 2020, the Council adopted
an Interim Urgency Ordinance, incorporating state laws to the minimum extent necessary. The
Interim Urgency ordinance is effective until January 31, 2021 or until Council adopts an updated
‘permanent’ ordinance.
Together, the state law, found in Government Code section 65852.2 (Attachment F), requires:
o One detached ADU and one JADU are permitted by right on a single-family lot, subject to
certain constraints.
o ADUs are allowed by right in multi-family and mixed-use zones. Up to two detached ADUs,
plus conversion of uninhabited spaces for multiple ADUs (up to 25% of units in multifamily
buildings).
o There is no minimum lot size for ADUs.
o A zero setback is allowed if converting an existing structure at property line.
o Maximum four-foot interior side and rear setbacks for newly constructed ADUs.
o Lot coverage, floor area ratios (FARs) or open space requirements must allow at least an
800 sf ADU.
o Minimum 16 ft. height allowed.
o Cannot set maximum square footage less than 850 for one-bedroom ADU, or 1,000 sf for
two+ bedrooms.
o JADUs are no longer limited to smaller kitchen appliances and sewer connections.
o 60-day permit processing timeline.
o No replacement parking is required for garage conversions to ADU.
o No impact fees on ADUs less than 750 sf; if larger, impact fees to be proportional to main
house.
o 5-year moratorium on local owner-occupancy restrictions until 1/1/25.
1 ADU Report: https://www.cityofpaloalto.org/civicax/filebank/blobdload.aspx?t=51733.4&BlobID=77912
City of Palo Alto Page 4
o Owners may request a 5-year stay of building code enforcement available on unpermitted
ADUs if they meet health and safety standards.
o ADUs count towards achieving a jurisdiction’s Regional Housing Needs Allocation (RHNA).
o No short-term rentals of ADUs or JADUs.
PTC Action
On May 27, 2020, the Planning and Transportation Commission (PTC) recommended the
Accessory Dwelling Unit (ADU) ordinance (voting 4-2-1, Commissioners Lauing and Summa
voting no, Commissioner Riggs absent).2 Note that the PTC is not required to review changes to
Title 16, so the PTC did not review the proposed changes to Chapters 16.04, 16.06, 16.16, and
16.58. PTC also recommended Council provide direction to staff to research and find ways to
enable ADUs to be used as Affordable units.
Title 16 Revisions
Revisions to PAMC Chapters 16.04 and 16.06 for the California Building Code and the California
Residential Code Ordinances are proposed to provide clarity related to conversions of existing
accessory buildings, such as garages and non-habitable storage structures into Accessory
Dwelling Units (ADUs). Sections 16.04.300 and 16.06.240 both apply to the Table 1809.7 for
Prescriptive Footings Supporting Walls for Light-Frame Construction and has been revised to
include an entry for ADU Conversions. This additional entry allows the existing smaller footing
size for Group U Occupancies, (i.e., garages and non-habitable structures) to be maintain when
converting these structures to ADUs. This can occur provided that the existing footing is not
deteriorating and is deemed structurally sound by the designer, architect, or engineer of record
for the ADU conversion.
Section 16.14.080 of the California Green Building Standards Code Ordinance has been created
as a new section in Chapter 16.14 that consolidates the ADU and JADU requirements for green
building compliance. Previously, the ADU requirements were listed in multiple sections based
on Mandatory, Tier 1 or Tier 2 threshold requirements for residential construction. This
revision will provide clarity and streamlines the ADU and JADU green building requirements. For
example, staff has proposed restructuring the Cool Roof and Recycled Content requirements
from Green Building prescriptive mandatory to an elective for Tier 1 projects.
Section 16.58 of the Palo Alto Municipal Code regulates development impact fees for
ADU/JADUs. New state code requirements only allow that development impact fees be charged
for units that are greater than 750 square feet or more. The current code still reflects Palo
Alto’s regulations from before the new state code requirements which did not have a square
2 May 27, 2020 Planning and Transportation Commission Meeting materials; Staff report with ordinance link:
https://www.cityofpaloalto.org/civicax/filebank/documents/76826. Video link:
https://midpenmedia.org/planning-transportation-commission-63-5132020-2/.
City of Palo Alto Page 5
footage threshold for exempting certain units for fees. This change, reflected in Attachment A,
is made to bring the City’s current code into conformance with the new requirements.
Additional Efforts to Support ADU Development
The proposed ordinance is part of a multi-prong approach to streamlining. Additional efforts
include (1) creation of an ADU checklist for applicants, (2) developing a user-friendly submittal
guide for building professionals and homeowners, and (3) consolidating ADU information onto
a central location on the City’s ADU website.
City Council previously supported receipt of SB 2 grant funds to develop ADU prototypes and
application packages to facilitate expedited approvals. By developing packages that include
preapproved drawings, applicants can show the design on their site plan and have the drawings
as attachments. This could help applicants to save on the costs for architect/designer services.
This project will begin later this year.
Discussion
Staff and the PTC recommend the proposed ordinance, which simplifies the code and
encourages ADU/JADU development.
Ordinance Structure
The ordinance is divided into two primary sections. The first, proposed section 18.09.030,
provides regulations governing ADUs and JADUs to which the City cannot apply local
regulations. The second, proposed section 18.09.040, applies to ADUs over which the City can
exert some local control (i.e. ADUs that do not fit into the categories set forth in section
18.09.030). For these ADUs, the ordinance proposes, to a limited extent, local regulations like
daylight plane, tree preservation, and privacy. While many property owners may choose the
path prescribed by state law, some may want to deviate from those choices to add additional
space or achieve some other flexibility.
Topic Areas
The following section describes the changes the PTC recommended in terms of seven topic
areas. These are areas where the proposed ordinance goes beyond the state law to promote
ADUs/JADUs. These also represent differences from the Interim Urgency Ordinance.
Each section begins with a short summary that is italicized to improve readability, followed by a
narrative and more technical description of the proposed ordinance.
1. Allowing Either an Attached or a Detached ADU to be Combined with a JADU
Staff and the PTC recommend the proposed ordinance to allow the development of JADUs that
coincide with the development of attached ADUs as well as detached ADUs, regardless of the
size of the ADU.
City of Palo Alto Page 6
Government Code section 65852.2(e)(1)(B) requires cities to allow a single-family lot to develop
one qualifying detached ADU up to 800 square feet, and one JADU of up to 500 square feet.
Whether the unit is detached from the primary house or not, the same amount of floor area
could be present on the property. Differentiating between attached or detached is
unnecessarily restrictive. Each unit must a have separate, exterior entrance; and only JADUs can
have an interior communicating opening (doorway) to a primary home. Therefore, concerns
about allowing a house to grow without providing additional housing units are somewhat
mitigated. One downside of this policy is that the size of homes could become larger, with
greater massing and without a clear delineation of primary unit and secondary units.
2. Privacy and Two-Story ADUs
Under state law, property owners are able to create two-story ADUs, which previously were only
allowed in 2 residential zones in Palo Alto (Residential Estate and Open Space). In the proposed
ordinance, staff propose some measures to restrict two-story ADUs.
If a new attached ADU is constructed as part of a newly built home, it must be approved if it
follows the zoning development standards of that home, including additional height that would
be able to support a two-story unit. If an ADU were created in an existing portion of a two-story
home, it could be located on the second floor or span from the ground floor to the upper floor,
provided it maintained exterior access and had no internal connection between the units.
It is important to note new construction of full two-story, detached units is not likely feasible
within a 16-foot height limit, which is the proposed maximum height of an ADU. It would be
difficult to contain the necessary floor-to-ceiling clearance and roof assembly for 2 floors within
16 feet for the state mandated units. This ceiling height can, however, support “loft” spaces.
Previous ADU ordinances, including the interim urgency ordinance, maintained a 17-foot height
limit, but that could provide opportunities to build two story unit with no privacy measures. As
such, staff suggests reducing it to 16 feet to provide some protection against these unit types –
even though privacy measures cannot be applied to state mandated units.
While the privacy impacts of these units may be cause for concern for neighbors of such units,
the City of Palo Alto is unable to impose privacy requirements for units described in proposed
PAMC 18.09.030. In addition, the City would not be able to prevent ADUs that follow the state
requirements from having a loft space, which was previously not allowed. Instead, the
proposed ordinance clarifies that such loft space counts as floor area for an ADU.
Staff and the PTC recommend the proposed ordinance to allow loft space in units for which the
City can apply local regulations. By creating a path towards a two-story ADU—an ADU with a
City of Palo Alto Page 7
loft—that incorporates measures to enhance privacy, the City hopes to encourage ADUs that
minimize concerns and conflicts with neighbors.
The proposed privacy protections are:
1) Units must offset windows to be out of line with an adjacent property’s windows.
2) All windows facing an adjoining property must utilize obscured glazing.
3) Any second floor or loft, non-egress window facing an adjoining property must have a
minimum five-foot sill height.
These policies are proven techniques for privacy protection drawn from the Individual Review
Guidelines. These would also be easy to implement and support the state requirement that all
ADUs be reviewed ministerially.
3. Parking and JADUs
The draft ordinance allows for a JADU conversion of a portion or all, of an existing garage that is
attached to an existing home. The covered parking spaces displaced by the JADU would be
required to be replaced on site as uncovered parking spaces. The replacement parking spaces
could be placed within the required front or street side yards of a property.
A major reason ADU applications increased following the Council adoption of ADU regulations
in 2017 was the relaxation of parking space requirements. Parking requirements for JADUs
however, were not changed nor was a parking replacement opportunity allowed. Previously,
JADUs were only allowed to be conversions of an existing bedroom. Now, State law enables
homeowners to build a JADU and an ADU within a brand-new home. Therefore, the
interpretation that a JADU is only a converted bedroom is inconsistent.
The draft ordinance allows for a JADU conversion of a portion or all, of an existing garage that is
attached to an existing home. The covered parking spaces displaced by the JADU would be
required to be replaced on site as uncovered parking spaces. The replacement parking spaces
could be placed within the required front or street side yards of a property. In the end,
residents can choose whether they want to convert the garage to an ADU or JADU. Allowing
garages to convert into JADUs creates an incentive and is of great interest to residents. Staff
believes there will be increased development of JADUs.
Staff has heard concerns from residents that the new local and State regulations may increase
vehicle traffic and the presence of vehicles parked on public streets in residential
neighborhoods. With the opportunity for three separate housing units on a single-family zoned
property, more individuals may be living on a site and each may own a car. While this is also a
concern to staff, individually, these units do not have parking requirements as dictated by the
State. By allowing JADUs to benefit from the conversion allowances already afforded to ADUs,
City of Palo Alto Page 8
the ordinance may increase the likelihood of additional vehicles present in a neighborhood.
However, maintaining uncovered, on-site parking would help alleviate this issue.
4. Noise Producing Equipment
The draft ordinance proposes allowing noise producing equipment for all units to follow their
respective setback requirements. This would remove one of the site planning challenges
homeowners face when designing an ADU. The City will still have mechanisms in place to
protect neighbors from excessive noise. This is a change from the existing Palo Alto Municipal
Code, which prohibits noise producing equipment within the standard property setbacks.
Under current regulations, noise producing equipment would need to be placed outside of the
minimum setbacks for the property.3 State law changes the minimum setback to four feet for
ADUs.
Updating the location requirements for noise-producing equipment will not diminish the
protection neighbors have from excessive noise as other means can mitigate noise levels. First,
newer technology has resulted in quieter equipment. For example, commonly proposed mini-
split AC systems used on detached structures have a decibel range between 45 and 60 decibels
(dBs). Second, for louder equipment, many manufacturers can provide sound blankets, which
typically reduce the decibel rating five or more decibels. The City can require homeowners to
utilize a sound blanket or use quieter, new equipment where feasible. Finally, regardless of
these changes, the noise ordinance still requires that ambient noise in residential
neighborhoods not exceed 66 dBs at the property line, so it is in the interest of an ADU owner
to use quiet, well-placed equipment.
5. Removing the Deed Restriction Process for ADUs
The proposed ordinance eliminates the requirement of recording deed restrictions for ADUs. The
elimination of the deed restriction removes a lengthy recordation process and streamlines the
ADU approval process. State law requires deed restrictions for JADUs.
Previously, deed restrictions included: (1) the owner may not rent the property for less than 30
days, (2) the owner may not sell the properties separately, and (3) the owner had to occupy the
property. The proposed ordinance instead codifies requirements for the rental and sale of an
ADU. Note that state law no longer allows an owner occupancy requirement.
Code Enforcement staff can, using the code, address any issue related to a homeowner not
following rental or sale requirements. Deed restrictions do offer more clarity to future property
owners regarding restrictions placed on ADUs. Staff believe, however, that both disclosure
3 Minimum R-1 setbacks range from six feet to eight feet for interior side setbacks, 16 feet for a street side setback,
and 20 feet or more (notwithstanding special setbacks) for front and rear setbacks.
City of Palo Alto Page 9
during the property acquisition process and due diligence on a homebuyer’s part will keep all
parties informed.
6. Providing a Uniform Exemption of ADU Square Footage from FAR, Lot Coverage, and
Maximum House Size
Under State rules, the City must allow floor area over a property’s maximum allowable floor
area (calculated with respect to site area as a Floor Area Ratio (FAR) maximum) to the extent
necessary to construct an 800 sq. ft. ADU.
This requirement was incorporated into both the Interim Ordinance and the proposed
ordinance without modification. Thus, properties would be entitled to different amounts of
exempt ADU square footage depending on the amount of FAR available for the property after
accounting for the primary residence.
This can be illustrated by imagining a 6,000 square foot R-1 lot, which would allow up to 2,550
sq. ft. of floor area. A homeowner with a 2,000 square foot primary residence on this property
would be entitled to exempt up to 250 square feet of an 800 square foot ADU (550 remaining
square feet + 250 square feet over the maximum FAR = 800 sf). In a second scenario, if the
primary residence were 2,550 square feet, the property owner would be entitled to exempt all
800 square feet of the ADU. In a final scenario, if the primary residence were less than 1,750
square feet, ADU floor area exemption would not be required or provided.
This creates an incentive for a property owner to build a primary home to the maximum FAR
before applying for an ADU. This could have the effect of encouraging tear-down remodels. This
approach to ADU square footage also makes it more difficult to construct an ADU over 800 sq.
ft, as the entire square footage of the ADU would need to be accommodated within allowable
FAR without any exemption.
To avoid these effects and to encourage ADU production, staff and the PTC recommend the
ordinance provide a uniform “bonus” for ADUs: only square footage above 800 sq. ft. would
count towards the floor area maximum (FAR, lot coverage, or maximum house size). This
approach could make it easier for the public to understand how these limits can impact what is
allowed and make it easier for staff to implement. It also would remove a potential incentive to
demolish an existing residence to max out FAR before building an ADU. Finally, this approach
would allow a property owner seeking to build a larger ADU to do so if there is additional FAR
available for the site.
7. Providing a 500 Square Foot Floor Area Exemption for JADUs
Staff and the PTC recommend the updated ordinance, which includes an allowance for JADUs to
exempt up to 500 sq. ft. of floor area—similar to the exemption for ADU floor area. For
homeowners seeking to create both an ADU and JADU, staff and the PTC propose limiting the
City of Palo Alto Page 10
total exemption by requiring the 800 sq. ft provided by the state to be shared between the ADU
and JADU. In this manner, a combination of square footage could be attributed to both units,
but it would not limit someone from utilizing all of it to build an 800 sq. ft. ADU.
Conversely, if there were not enough square footage left over to build a JADU, then the
applicant would resort to converting a garage or another part of their primary residence. This
code change would provide residents the opportunity to build both an ADU and JADU without
having to convert the primary home’s allowable floor area.
With these proposed changes, staff believes that it will help to support increased development
of accessory units within the City. As identified earlier, staff believes that treating the 800
square foot allowance provided by the state as a ‘bonus’ will simplify implementation for staff
and the public of the state’s requirements. Additionally, staff believes it will provide flexibility
for homeowners to choose how large or small a unit to build without getting trapped in a
sequence-based barrier that would drive more homeowners to demolish everything in order to
capture what the state allows them to do.
This proposed policy seeks to promote JADUs beyond what is required. State law does not
create any specific floor area allowances for JADUs. In 2017-2018, the City updated its
regulations to allow for bonus floor area for ADUs and JADUs (220 sq. ft. and 50 sq. ft. bonus
floor area for ADUs and JADUs, respectively). While these changes greatly helped to spur the
development of ADUs, JADU remains low. (2 applications).
Policy Implications
The following topics were presented to the PTC and discussed on May 27, 2020. The PTC did
not recommend including them in the Updated ADU ordinance:
1. Treatment of secondary street frontages
2. Allowing doorways between an ADU and the primary unit
3. Increasing the exemption for development impact fees
4. The flood zone, screening, and grading and drainage
5. Allowing two-story ADUs
6. Enabling basements at a four-foot setback for accessory/junior dwelling units
7. Proposing changes to the City’s Green Building Program for accessory units
Should the City Council choose to address any of these issues, staff can amend the Updated
Ordinances.
Treatment of Secondary Street Frontages
Several provisions of the new state ADU laws provide that cities cannot impose “side and rear”
setbacks of more than four feet for ADUs. For the first half of this year, the City interpreted this
requirement to refer to interior side and rear lot lines only. In other words, secondary street
City of Palo Alto Page 11
frontages or “street-side” lot lines were still subject to the setbacks provided in the underlying
zoning (generally 16-feet). This additionally would apply to streets that have a special setback
on the street-side frontage (for example homes on corner lots). Following input from State
Department of Housing and Community Development (HCD), staff have applied the four-foot
setback rule to all “side and rear” lot lines, including secondary street frontages.
Staff has learned, informally, that HCD interprets the four-foot setback rule to apply to
secondary street frontages as well as interior side and rear lot lines. Staff believe this is not the
only possible reading of the statute. The terms “side setback” and “rear setback” are not
defined in state law; these are primarily creatures of local zoning ordinances. While many
jurisdictions refer to a secondary street frontage as a “street-side” yard, others call this a
secondary front yard and consider corner lots to have two front yards. Given this variation at
the local level, the ADU statute’s reference to side and rear setbacks could be interpreted to
mean only interior setbacks. In addition, there are important policy reasons for increased
setbacks on street frontages, including maintaining visibility for safety and consistent urban
design practices across the streetscape.
HCD’s position on this issue is significant because the department is charged with reviewing all
local ADU regulations for compliance with the state law. If HCD finds that a local ordinance is
out of compliance, a local agency has 30 days to respond by either amending its ordinance or
adopting findings to explain why it believes the ordinance does in fact comply with state law,
despite HCD’s contrary opinion. If an agency chooses to adopt such findings, the ultimate
question of compliance with state law would likely be resolved by a court.
Staff is looking to receive input on whether City Council wishes to accept HCD’s interpretation
of the setback issue, which staff adopted as a practice beginning in June. There are policy
options to encourage increased setbacks for secondary street frontages in the instance City
Council does not support a four-foot setback, but was willing to consider reducing corner lot
impacts which staff has considered below:
Removing Requirement to Convert “Existing” Garages/Carports
Current state and local regulations require that there must be an “existing” garage or carport in
order to benefit from reduced parking requirements. In maintaining this requirement, it
enshrines that a structure must first be built and then later modified in order to benefit from
the reduced parking requirements. From a process standpoint, this would mean applying for
two different permits with the City; each with their own plans, inspections, plan check fees, etc.
This creates a two-step process for applicants seeking to develop ADUs that can add time,
money, and barriers to unit production. Requiring this additional process, does not necessarily
add value to the quality of an application if the homeowner is intent on building a second unit.
In the end, it results in more time for staff to review a project at two different stages where the
City could instead provide this as an incentive for properties to build units that are compliant
City of Palo Alto Page 12
with the City’s goals; namely, maintaining the street-side setback on a corner lot.
Providing Additional Bonus FAR and/or Reduced Setbacks for Unit Development
Another incentive to consider would be to provide for additional floor area or more flexible
setbacks along the rear and side yards than four-feet. Given that corner lots present design
challenges, increasing any bonus square footage may not eliminate the barriers inherent in
developing a corner lot property. However, by providing a more reduced setback along the rear
and interior side yards (e.g. no setbacks for accessory units on a corner lot) residents may feel
more compelled to develop units in conformance with Palo Alto’s intended neighborhood
context.
Allowing the Main House to Encroach to a 10 Foot Setback if Only Doing an ADU/JADU
A third incentive to consider would be to allow the main house to have a reduced setback only
under the condition that an accessory unit is also developed on the property. Staff believes that
providing this incentive will help to simultaneously encourage accessory unit development and
provide additional flexibility to develop corner lots, while also supporting the City’s streetscape
and urban design principles established by the front yard setback requirement. The transition
from 10 feet to 20 feet will be less stark than a transition from four feet to 20 feet.
It would be important to ensure that this allowance applied to a standard street-side setback as
well as one that had a special setback. Having a consistent approach would lead to a simplified
application process for residents and staff.
Any one of these polices, or combination thereof, could provide an adequate enough incentive
for a homeonwer to not propose a four foot setback. However, if City Council wishes to defer to
the four foot setback, as suggested by HCD, then these items need not be discussed. It would
instead be important to identify that these reduced setbacks are applicable to standard corner
lots as well as those with a special setback along the street-side frontage.
Resource Impact
The impact to the City’s resources as a result of adopting this ordinance would be minimal.
Given that City staff established the proposals in this ordinance, there was no cost for bringing
on a consultant or other group to manage this project. At this point, the resources expended
would be limited staff trainings on the materials, implementation and communication of this
ordinance to the public, and staff time spent updating checklists or webpage information.
After ordinance adoption, any cost that would be incurred by the City would be driven by staff’s
proposal to research model/prototype unit development. The City has been awarded SB 2 grant
funding to be able to financially support this project so that there would no General Fund
impact for selecting a consultant to perform the work.
City of Palo Alto Page 13
Timeline
The City must adopt a new ADU ordinance by January 31, 2021 to replace the urgency ordiane
adopted earlier this year. Before a new ordinance can take effect, a second reading of the
attached ordinance must be scheduled. Following the adoption of the ordinance, staff will
advance additional ADU activities identified for the SB 3 grant monies. This would include
developing prototype units as well as checklists, digital resources, and process improvements.
Stakeholder Engagement
In February 2020, staff reached out to a list of 15 individuals, including local architects and
other frequent Development Center applicants, with a 10-question survey. The ten questions
requirements/review process. The list of survey questions and responses is Attachment C to
this report. Additionally, other City staff members who commonly review ADU applications
survey and staff responses are discussed in the Discussion section of this report. A summary of
the issues and staff responses to them is in Attachment D. Staff attended a community meeting
on ADUs May 19, 2020, presented slides regarding how Palo Alto had implemented the new
State laws, and answered questions. The Zoom meeting was sponsored by Palo Alto Forward
with multiple panelists. Staff’s presentation was attached to the PTC report.
Following the release of the City Council agenda slated for August 17, 2020, members of the
public were able to access the proposed ADU Ordinance and staff report. A group of local
architects established a group, which they named the “ADU Task Force”. The group reached out
to staff regarding the proposed ordinance seeking clarification, suggesting edits, and making
recommendations. Staff met with the group twice for several hours in late September to review
their feedback on the proposed ordinance.
Overall, the group applauded the efforts to create a more streamlined ADU development
process that sought to align local policies and practices with state laws, while also offering local
incentives to promote ADU development. Some issues were resolved through discussion and
explanation. In some areas, the City Attorney provided non-substantive edits to the ordinance
in order to further clarify the language for readers of the text and reduce confusion.
This progress notwithstanding, areas of disagreement remain. In some areas, the architects
group disagrees with the staff’s interpretations of State code.4 In other areas, the group
proposes ADU policies that, in their professional experience, will make it easier for property
owners to construct ADUs.
4 For example, the groups disagree on whether state law requires the City to treat 800 square feet as a “bonus,”
and whether the City can impose its daylight plane and tree preservation regulations on those ADUs for which local
regulations apply. All these issues were addressed in the Interim Urgency Ordinance adopted by the City Council in
January 2020, which was transmitted to HCD for review. During informal conversations, HCD did not identify the
City’s positions on these issues as areas of concern.
City of Palo Alto Page 14
Some of the items are listed below. Council may wish to address some items through the
ordinance. If so, Council can provide staff direction to update the ordinance accordingly and
include the changes in the second reading of the ordinance. These items include:
1. Subterranean Construction and/or Basements – By allowing basements below ADUs or
by allowing some portion of an ADU to be constructed below grade, designers may
provide more habitable space overall, including creating two-story ADUs.
The zoning code currently prohibits basements within the setbacks of properties except
for permitted primary home encroachments into the rear yard setback. When staff
spoke with other departments, there was no other limitation on basement locations
except for when a property is in the flood zone. Staff suggested allowing basements as
an option to the PTC, but the topic did not generate significant discussion. The PTC did
not make a motion to amend the proposed ordinance to allow basements. When this
topic has come up before, some community members have also expressed concern
about the impact excavation could have on the root system of nearby trees.
2. Noise Producing Equipment – The architect group suggested regulating noise producing
equipment through requiring the equipment meet a certain decibel (dB) level; this
would be in lieu of regulating both the decibel level and location of the equipment. This
would provide more flexibility in different situations. This could, however, place noise
producing equipment closer to the property line and thus closer to neighboring
properties. Advances in technology have resulted in much quieter equipment. For
louder equipment, staff could require a noise analysis or study that would demonstrate
its compliance to get approved or further regulate its location if equipment does not
comply. Maintenance is also a consideration for exterior noise-generating equipment.
3. On-Site Covered Parking When an ADU or JADU Converts a Garage – The architect
group suggested allowing property owners to provide on-site covered parking that is
attached to an ADU. For example, if a garage is converted to an ADU, a covered parking
space (garage) could be provided attached to the ADU and not count towards the size of
the ADU. While the proposed ordinance does allow the construction of a covered
parking space to replace the lost space, the space counts towards the floor area and the
maximum size of an ADU if the structures are attached.
On one hand, this could create a disincentive to provide covered, on-site parking to the
ADU. Covered parking could be a benefit to the occupant as well as the broader
neighborhood. On the other hand, the massing of the building would increase if the
garage did not count towards the ADU. In practice, many garages are not used for
City of Palo Alto Page 15
vehicular storage, so the need to maintain car parking space may not be met even if a
garage is provided.
4. Reconstructing Versus Converting Non-Conforming Structures – The architect group
asserts that, in many cases, it is more efficient, cost-effective, and provides a better
housing unit to demolish an existing structure than to convert that structure to
habitable space. Yet, without some allowances for changing a non-conforming
structure’s exterior envelope, rebuilding in the exact same dimensions may not be
feasible. In the proposed ordinance, staff has interpreted the state law to mean that no
physical alteration to the building’s existing envelope (or existing three-dimensional
footprint) could be made without having to rebuild the structure to a conforming
location. This supports the City’s typical desire to ensure non-conforming structures are
eventually eliminated; the City does not typically seek to perpetuate a non-conforming
structure’s existence nor to further the degree of its non-conformity (in this case size).
Alternatively, Council may also choose to allow reconstruction of non-confirming
buildings in the same location in substantially the same dimensions. Council may, for
example, allow the height of the structure to increase by up to 3 feet and the width of
the structure to grow by 1 foot in all directions, while remaining in the same non-
conforming location. This increase could allow a newly constructed ADU to
accommodate contemporary code requirements and needs of habitable buildings
without significantly increasing the degree of non-conformity, but may exacerbate
perceived concerns regarding privacy.
5. Sewer Line Connections – Running separate sewer line from a detached ADU to the
main can increase the cost of an ADU. The architect group asks the City to allow
detached ADUs to be exempted from this requirement. Attached ADUs and JADUs can
connect to the primary home’s existing sewer connection; and the group seeks to have
detached ADUs to be treated likewise.
The City’s Chief Building Official has researched the code and cannot find any latitude
within the code to exempt detached ADUs from the requirement to install an additional
sewer line, unless a finding of infeasibility can be made and costs, which are often cited
as the principal constraint, is not a qualifying factor.
Modification of the ordinance regarding any of these items is not required to maintain
compliance with the state law. Council may, however, concur with the practitioners and amend
the proposed ordinance to increase production of ADUs and JADUs.
Environmental Review
City of Palo Alto Page 16
The Council finds that the adoption of this Ordinance is exempt from the provisions of the
California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section
21080.17 and CEQA Guidelines sections 15061(b)(3), 15301, 15302 and 15305 because it
requirements related to accessory dwelling units as established in Government Code Section
65852.2, and these changes are also likely to result in few additional dwelling units dispersed
throughout the City. As such, it can be seen with certainty that the proposed action will not
have the potential for causing a significant effect on the environment.
Attachments:
Attachment A: 2020 Update ADU Ordinance
Attachment B: Interim Urgency Ordinance January 2020 (Ordinance #5489)
Attachment C: Ten Survey Questions and Responses (February 2020)
Attachment D: More Outreach Information
Attachment E: Community Meeting May 19, 2020
Attachment F: Government Code Section 65852.2. Accessory Dwelling Units
Attachment G: Ch 16.04 2019 Building Code ADU Amendments 6.23.20
Attachment H: Ch 16.06 2019 Residential Code ADU Amendments 6.23.20
Attachment I: Ch 16.14 2019 Green Building Code ADU Amendments 6.23.20
*NOT YET APPROVED*
1 0160028_20200922_ay_16
Ordinance No.__
Ordinance of the Council of the City of Palo Alto Amending Title 18 (Zoning) of the Palo Alto
Municipal Code to Amend Requirements Relating to Accessory Dwelling Units and Junior
Accessory Dwelling Units
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. Housing in California is increasingly unaffordable. In 2017, the average California home
cost about 2.5 times the national average home price and the monthly rent was 50%
higher than the rest of the nation. Rents in San Francisco, San Jose, Oakland, and Los
Angeles are among the top 10 most unaffordable in the nation.
B. Housing in Palo Alto is especially unaffordable. The average Palo Alto home currently costs
about 8 times the national average home price and the monthly rent is about 2.5 times the
national average.
C. Palo Alto has a jobs/housing imbalance. When addressing this imbalance, the City must
not only provide housing but also ensure affordability.
D. Assembly Bills (“ABs”) 68, 587, 671, and 881 and Senate Bill (“SB”) 13 (“State ADU Law”)
pertain to accessory dwelling units (“ADUs”) and junior accessory dwelling units (“JADUs”)
and were approved by the California Legislature on September 13, 2019 and signed by the
Governor on October 9, 2019. These bills, codified primarily in California Government Code
sections 65952.2 and 65952.22, are intended to spur the creation of lower cost housing by
easing regulatory barriers to the creation of ADUs and JADUs.
E. This ordinance is adopted to comply with the mandates of the State ADU Law.
SECTION 2. Section 18.42.040 (Accessory and Junior Accessory Dwelling Units) of Chapter 18.42
(Standards for Special Uses) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is deleted in
its entirety.
SECTION 3. Chapter 18.09 (Accessory Dwelling Units and Junior Accessory Dwelling Units) of Title 18
(Zoning) of the Palo Alto Municipal Code (“PAMC”) is added to read:
18.09.010 Purpose
The intent of this Chapter is to provide regulations to accommodate accessory and junior
accessory dwelling units (ADU/JADU), in order to provide for variety to the city's housing stock
and additional affordable housing opportunities. These units shall be separate, self-contained
living units, with separate entrances from the main residence, whether attached or detached.
The standards below are provided to minimize the impacts of units on nearby residents and
throughout the city, and to assure that the size and location of such dwellings is compatible
with the existing or proposed residence(s) on the site and with other structures in the area.
*NOT YET APPROVED*
2 0160028_20200922_ay_16
18.09.020 Applicable Zoning Districts
The establishment of an accessory dwelling unit is permitted in zoning districts when single-
family or multi-family residential is a permitted land use.
18.09.030 Units Exempt from Generally Applicable Local Regulations
(a) Government Code section 65852.2, subdivision (e) provides that certain units shall be
approved notwithstanding state or local regulations that may otherwise apply. The following
types of units shall be governed by the standards in this section. In the event of a conflict
between this section and Government Code section 65852.2, subdivision (e), the
Government Code shall prevail.
i. An ADU or JADU within the existing space of a single-family dwelling or an ADU
within the existing space of an accessory structure (i.e. conversion without
substantial addition).
ii. An ADU or JADU within the proposed space of a single-family dwelling.
iii. A detached, new construction ADU on a lot with a proposed or existing single-family
dwelling, provided the ADU does not exceed 800 square feet, sixteen feet in height,
or four-foot side and rear (i.e. interior) setbacks.
iv. ADUs created by conversion of portions of existing multi-family dwellings not used
as livable space.
v. Up to two detached ADUs on a lot with an existing multi-family dwelling.
(b) The Development Standards for units governed by this section are summarized in Table 1.
//
//
//
//
//
//
//
//
//
//
*NOT YET APPROVED*
3 0160028_20200922_ay_16
Table 1: Development Standards for Units Described in Government Code Section 65852.2(e) Single-Family Multi-Family Conversion of Space Within an Existing Single-Family Home or Accessory Structure
Construction of Attached ADU Within the Space of a Proposed Single-Family Home
New Construction of Detached ADU
Conversion of Non-Habitable Space Within Existing Multi-family Dwelling Structure
Conversion or Construction of Detached ADU
Number of Units Allowed 1 ADU and 1 JADU 25% of the existing units (at least one) 2
Minimum size1 150 sf Maximum size1 N/A2 800 sf N/A
Setbacks
N/A, if condition is sufficient for fire and safety
Underlying zone standard for Single Family Home (ADU must be within space of Single-Family Home)
4 feet from side and rear lot lines; underlying zoning for front setback
N/A
4 feet from side and rear lot lines; underlying zoning for front setback Daylight Plane N/A N/A Maximum Height N/A 163 N/A 164
Parking None
State Law Reference 65852.2(e)(1)(A) 65852.2(e)(1)(A) 65852.2(e)(1)(B) 65852.2(e)(1)(C) 65852.2(e)(1)(D)
(1) Lofts where the height from the floor level to the underside of the rafter or finished roof surface is 5' or
greater shall count towards the unit’s floor area.
(2) Up to 150 sf may be added for the purpose of ingress and egress only.
(3) Units built in a flood zone are not entitled to any height extensions granted to the primary dwelling.
(c) Development standards stated elsewhere in this Section or Title 18, including standards
related to FAR, lot coverage, and privacy, are not applicable to ADUs or JADUs that qualify
for approval under this section.
(d) The establishment of accessory dwelling units and junior accessory dwelling units pursuant
to this section shall not be conditioned on the correction of non-conforming zoning
conditions; provided, however, that nothing in this section shall limit the authority of the
Chief Building Official to require correction of building standards relating to health and
safety.
(e) The installation of fire sprinklers shall not be required in an accessory dwelling unit if
sprinklers are not required for the primary residence. Nothing in this section shall preclude
the Fire Marshal from accepting fire sprinklers as an alternative means of compliance with
generally applicable fire protection requirements.
(f) Rental of any unit created pursuant to this section shall be for a term of 30 days or more.
(g) Attached units shall have independent exterior access from a proposed or existing single-
family dwelling. Except for JADUs, attached units shall not have an interior access point to
the primary dwelling (e.g. hotel door or other similar feature/appurtenance).
(h) Conversion of an existing accessory structure pursuant to Government Code section
65852.2(e)(1)(A) may include reconstruction in-place of a non-conforming structure, so long
*NOT YET APPROVED*
4 0160028_20200922_ay_16
as the renovation of reconstruction does not increase the degree of non-compliance, such
as increased height, envelope, or further intrusion into required setbacks.
(i) Street addresses shall be assigned to all units prior to building permit final to assist in
emergency response.
(j) The unit shall not be sold separately from the primary residence.
(k) Replacement parking is not required when a garage, carport, or covered parking structure is
converted to, or demolished in conjunction with the construction of, an ADU.
(l) JADUs shall comply with the requirements of Section 18.09.050.
18.09.040 Units Subject to Local Standards
(a) This section shall govern applications for ADUs and JADUs that do not qualify for approval
under section 18.09.030 and for which the City may impose local standards pursuant to
Government Code section 65852.2, subdivisions (a) through (d).
(b) The Development Standards for units governed by this section are provided in Table 2.
Table 2: All other Units Attached Detached JADU Number of Units Allowed1 1 1
Minimum size 150 sf
Maximum size
900 sf (1,000 sf for two or more bedrooms); no more than 50% of the size of the single-family home
900 sf (1,000 sf for two or more bedrooms) 500 sf
Setbacks 4 feet from side and rear lot lines; underlying zone standard for front setback
Daylight Plane Initial Height 8 feet at lot line Angle 45 degrees Maximum Height3 Res. Estate (RE) 30 feet Open Space (OS) 25 feet All other eligible zones 16 feet Parking None Square Footage Exemption Up to 800 sf(4) Up to 500 sf(4)
(1) An attached or detached ADU may be built in conjunction with a JADU on a lot with an existing or proposed single family home (2) Lofts where the height from the floor level to the underside of the rafter or finished roof surface is 5' or greater shall count towards the unit’s floor area. (3) Units built in a flood zone are not entitled to any height extensions granted to the primary dwelling. (4) Lots with both an ADU and a JADU may exempt a maximum combined total of 800 square feet of the ADU and JADU from FAR, Lot Coverage, and Maximum House Size calculations.
(c) A single-family dwelling shall exist on the lot or shall be constructed on the lot in conjunction
with the construction of an ADU/JADU.
*NOT YET APPROVED*
5 0160028_20200922_ay_16
(d) ADU and/or JADU square footage shall not be included in FAR, Lot Coverage, and Maximum House Size calculations for a lot with an existing or proposed single family home, up to the amounts stated in Table 2. ADU and/or JADU square footage in excess of the exemptions provided in Table 2 shall be included in FAR, Lot Coverage, and Maximum House Size calculations for the lot.
(e) Attached units shall have independent exterior access from a proposed or existing single-family dwelling. Except for JADUs, attached units shall not have an interior access point to the primary dwelling (e.g. hotel door or other similar feature/appurtenance).
(f) No protected tree shall be removed for the purpose of establishing an accessory dwelling unit unless the tree is dead, dangerous or constitutes a nuisance under Section 8.04.050. Any protected tree removed pursuant to this subsection shall be replaced in accordance with the standards in the Tree Technical Manual.
(g) For properties listed in the Palo Alto Historic Inventory, the California Register of Historical Resources, the National Register of Historic Places, or considered a historic resource after completion of a historic resource evaluation, compliance with the appropriate Secretary of Interior’s Standards for the Treatment of Historic Properties shall be required.
(h) Noise-producing equipment such as air conditioners, water heaters, and similar service equipment, shall be located outside of the setbacks for the ADU/JADU. All such equipment shall be insulated and housed, except that the planning director may permit installation without housing and insulation, provided that a combination of technical noise specifications, location of equipment, and/or other screening or buffering will assure compliance with the city’s Noise Ordinance at the nearest property line. All service equipment must meet the city’s Noise Ordinance in Chapter 9.10 of the Municipal Code.
(i) Setbacks
i. Detached units shall maintain a minimum three-foot distance from the primary unit, measured from the exterior walls of structures.
ii. No basement or other subterranean portion of an ADU/JADU shall encroach into a setback required for the primary dwelling.
iii. Projections, including but not limited to windows, doors, mechanical equipment,
venting or exhaust systems, are not permitted to encroach into the required
setbacks, with the exception of a roof eave of up to 2 feet.
(j) Design
i. Except on corner lots, the unit shall not have an entranceway facing the same lot line (property line) as the entranceway to the main dwelling unit unless the entranceway to the accessory unit is located in the rear half of the lot. Exterior staircases to second floor units shall be located toward the interior side or rear yard of the property.
ii. Privacy
A. Second story doors and decks shall not face a neighboring dwelling unit. Second story decks and balconies shall utilize screening barriers to prevent views into adjacent properties. These barriers shall provide a minimum five-foot, six-inch, screen wall from the floor level of the deck or balcony and shall not include perforations that would allow visibility between properties.
*NOT YET APPROVED*
6 0160028_20200922_ay_16
B. Second story windows, excluding those required for egress, shall have a five-foot sill height as measured from the second-floor level, or utilize obscured glazing on the entirety of the window when facing adjacent properties. Second story egress windows shall utilize obscured glazing on the entirety of the windows which face adjacent properties.
C. Second story windows shall be offset from neighbor’s windows to maximize privacy.
(k) Parking i. Replacement parking is not required when a garage, carport, or covered parking structure is converted to, or demolished in conjunction with the construction of, an ADU. ii. Replacement parking is required when an existing attached garage is converted to a JADU. These replacement spaces may be provided as uncovered spaces in any configuration on the lot including within the front or street side yard setback for the property.
A. The Director shall have the authority to modify required replacement parking spaces by up to one foot in width and length upon finding that the reduction is necessary to accommodate parking in a location otherwise allowed under this code and is not detrimental to public health, safety or the general welfare. B. Existing front and street side yard driveways may be enlarged to the minimum extent necessary to comply with the replacement parking requirement above. Existing curb cuts shall not be altered except when necessary to promote public health, safety or the general welfare. iii. When parking is provided, the unit shall have street access from a driveway in common with the main residence in order to prevent new curb cuts, excessive paving, and elimination of street trees, unless separate driveway access will result in fewer environmental impacts such as paving, grading or tree removal. iv. If covered parking for a unit is provided in any district, the maximum size of the covered parking area for the accessory dwelling unit is 220 square feet. This space shall count towards the total floor area for the site but does not contribute to the maximum size of the unit unless attached to the unit.
(l) Miscellaneous requirements
i. Street addresses shall be assigned to all units prior to building permit final to assist
in emergency response.
ii. The unit shall not be sold separately from the primary residence.
iii. Rental of any unit created pursuant to this section shall be for a term of 30 days or
more.
iv. The installation of fire sprinklers shall not be required in an accessory dwelling unit
if sprinklers are not required for the primary residence. Nothing in this section shall
preclude the Fire Marshal from accepting fire sprinklers as an alternative means of
compliance with generally applicable fire protection requirements.
*NOT YET APPROVED*
7 0160028_20200922_ay_16
18.09.050 Additional Requirements for JADUs
(a) A junior accessory dwelling unit shall be created within the walls of an existing or proposed
primary dwelling.
(b) The junior accessory dwelling unit shall include an efficiency kitchen, requiring the following
components: A cooking facility with appliances, and; food preparation counter and storage
cabinets that are of reasonable size in relation to the size of the junior accessory dwelling unit.
i. A cooking facility with appliances shall mean, at minimum a one burner installed
range, an oven or convection microwave, a 10 cubic foot refrigerator and freezer
combination unit, and a sink that facilitates hot and cold water.
ii. A food preparation counter and storage cabinets shall be of reasonable size in relation
to a JADU if they provide counter space equal to a minimum 24-inch depth and 36-
inch length.
(c) For the purposes of any fire or life protection ordinance or regulation or for the purposes of
providing service for water, sewer, or power, a junior accessory dwelling unit shall not be
considered a separate or new unit.
(d) The owner of a parcel proposed for a junior accessory dwelling unit shall occupy as a primary
residence either the primary dwelling or the junior accessory dwelling. Owner-occupancy is
not required if the owner is a governmental agency, land trust, or housing organization.
(e) Prior to the issuance of a building permit for a junior accessory dwelling unit, the owner shall
record a deed restriction in a form approved by the city that includes a prohibition on the sale
of the junior accessory dwelling unit separate from the sale of the single-family residence,
requires owner-occupancy consistent with subsection (m)(iv) above, does not permit short-
term rentals, and restricts the size and attributes of the junior dwelling unit to those that
conform with this section.
SECTION 4. Subsection (g) of Section 16.58.030 of Chapter 16.58 (Development Impact Fees) of Title 16
(Building) of the Palo Alto Municipal Code (“PAMC”) is amended to read:
(f) Accessory dwelling units (ADU) less than 750 square feet in size. Any impact fees to be
charged for an accessory dwelling unit of 750 square feet or more shall be proportional to
the square footage of the primary dwelling unit established by the conversion of an existing
garage or carport, provided that the existing garage or carport was legally constructed, or
received building permits, as of January 1, 2017, and is converted to an ADU with no
expansion of the existing building envelope;
SECTION 5. Subsections (a)(4) and (a)(75) of Section 18.04.030 (Definitions) of Chapter 18.04
(Definitions) of Title 18 (Zoning) of the Palo Alto Municipal Code (“PAMC”) is amended to read:
[. . .]
(4) “Accessory dwelling unit” means an attached or a detached residential dwelling unit which
provides complete independent living facilities for one or more persons. It shall include permanent
provisions for living, sleeping, eating, cooking, and sanitation on the same parcel as the single-
*NOT YET APPROVED*
8 0160028_20200922_ay_16
family dwelling is situated. An accessory dwelling unit also includes the following:
(A) An efficiency unit, as defined in Section 17958.1 of the Health and Safety Code.
(B) A manufactured home, as defined in Section 18007 of the Health and Safety Code.
In some instances this Code uses the term second dwelling unit interchangeably with accessory
dwelling unit. For the purposes of this definition, in order to provide “complete independent living
facilities,” a dwelling unit shall not have an interior access point to another dwelling unit (e.g. hotel
door or other similar feature/appurtenance).
[. . .]
(75) “Kitchen” means a room designed, intended or used for cooking and the preparation of food
and dishwashing. Kitchen facilities include the presence of major appliances, utility connections,
sink, counter, for storing, preparing, cooking, and cleaning.
(A) For ADUs, major appliances shall mean a minimum two burner installed range, and
an oven or convection microwave, as well as a minimum 16 cubic foot freezer and
refrigerator combination unit. Kitchens shall also include counter space for food
preparation equal to a minimum 24-inch depth and 36-inch length, and a sink that
facilitates hot and cold water.
[. . .]
SECTION 6. Any provision of the Palo Alto Municipal Code or appendices thereto inconsistent with the
provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or
modified to that extent necessary to effect the provisions of this Ordinance.
SECTION 7. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason
held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such
decision shall not affect the validity of the remaining portions of this Ordinance. The City Council
hereby declares that it would have passed this Ordinance and each and every section, subsection,
sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any
portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 8. The Council finds that the adoption of this Ordinance is exempt from the provisions of the
California Environmental Quality Act (CEQA) pursuant to Public Resources Code Section 21080.17 and
CEQA Guidelines sections 15061(b)(3), 15301, 15302 and 15305 because it constitutes minor
adjustments to the City’s zoning ordinance to implement State law requirements related to accessory
dwelling units as established in Government Code Section 65852.2, and these changes are also likely to
result in few additional dwelling units dispersed throughout the City. As such, it can be seen with
certainty that the proposed action will not have the potential for causing a significant effect on the
environment.
//
//
//
//
*NOT YET APPROVED*
9 0160028_20200922_ay_16
SECTION 9. This ordinance shall be effective on the thirty-first date after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
NOT PARTICIPATING:
ATTEST:
__________________________________ __________________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED: __________________________________ ___________________________________ Assistant City Attorney City Manager
__________________________________
Director of Planning & Development
Services
Attachment B
The Web Link to the Interim Urgency Ordinance January 2020 (Ordinance #5489):
http://bit.ly/copa_ordinance_5489
Attachment C
The Web Link to the Ten Survey Questions Regarding ADUs and Responses:
http://bit.ly/adu_survey
Attachment D
The Web Link to More Information Regarding Outreach:
http://bit.ly/outreach_info
Attachment E
The Web Link to the Presentation for Community Meeting on May 19, 2020:
http://bit.ly/adu_meeting_may19
Attachment F
The Web Link to the Government Code Section 65852.2. Accessory Dwelling Units:
http://bit.ly/adu_gov_code
1
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
NOT YET ADOPTED
Ordinance No.
Ordinance of the Council of the City of Palo Alto Repealing Chapter
16.04 of the Palo Alto Municipal Code and Amending Title 16 to Adopt a
New Chapter 16.04, California Building Code, California Historical
Building Code, and California Existing Building Code, 2019 Editions, and
Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.04 of the Palo Alto Municipal Code is hereby amended by repealing it in
its entirety and adopting a new Chapter 16.04 to read as follows:
16.04 CALIFORNIA BUILDING CODE
16.04.010 2019 California Building Code adopted.
The California Building Code, 2019 Edition, Title 24, Part 2 of the California Code of Regulations,
together with those omissions, amendments, exceptions and additions thereto, is adopted and
hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set
forth herein.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and
regulations to the chapters and sections of the former California Code of Regulations, Title 24, 2016,
shall be construed to apply to the corresponding provisions contained within the California Code of
Regulations, Title 24, 2019. Ordinance No. 5477 of the City of Palo Alto and all other ordinances or
parts of ordinances in conflict herewith are hereby suspended and expressly repealed.
Wherever the phrases “California Building Code” or “Building Code” are used in this code or any
ordinance of the City, such phrases shall be deemed and construed to refer and apply to the
California Building Code, 2019 Edition, Title 24, Part 2 of the California Code of Regulations, as
adopted by this chapter.
One copy of the California Building Code, 2019 Edition, has been filed for use and examination of
the public in the Office of the Building Official of the City of Palo Alto.
16.04.20 2019 California Building Code Appendix Chapters adopted.
The following Appendix chapters and section of the California Building Code, 2019 Edition, are
adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as
if fully set forth herein:
A. Appendix I – Patio Covers
B. Section J109.4 – Drainage across Property Lines (Appendix J)
C. Appendix O – Emergency Housing
2
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
16.04.030 Cross - References to California Building Code.
The provisions of this Chapter contain cross-references to the provisions of the California Building
Code, 2019 Edition, in order to facilitate reference and comparison to those provisions.
16.04.040 Section 1.11.2.1.1 Duties and powers of the enforcing agency/Enforcement.
Section 1.11.2.1.1 of Chapter 1 of the California Building Code is amended to read:
1.11.2.1.1 The responsibility for enforcement of building standards adopted by the State
Fire Marshal and published in the California Building Standards Code relating to fire and
panic safety and other regulations of the State Fire Marshal shall, except as provided in
Section 1.11.2.1.2, be as follows:
1. The city, county or city and county with jurisdiction in the area affected by the
standard or regulation shall delegate the enforcement of the building standards
relating to fire and panic safety and other regulations of the State Fire Marshal as they
relate to Group R-3 occupancies, as described in Section 310.1 of Part 2 of the
California Building Standards Code, to both enforcement divisions specific to their
areas of enforcement disciplines:
1.1 The chief of the fire authority of the city or an authorized representative and;
1.2. The chief building official of the city or an authorized representative.
16.04.050 Violations -- Penalties.
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this Chapter or any permits, conditions, or variances granted under this Chapter.
Violators shall be subject to any penalty or penalties authorized by law, including but not limited
to: administrative enforcement pursuant to Chapters 1.12 and 1.16 of the Palo Alto Municipal
Code; and criminal enforcement pursuant to Chapter 1.08 of the Palo Alto Municipal Code. Each
separate day or any portion thereof during which any violation of this Chapter occurs or
continues shall be deemed to constitute a separate offense.
When the chief building official determines that a violation of this Chapter has occurred, the
chief building official may record a notice of pendency of code violation with the Office of the
County Recorder stating the address and owner of the property involved. When the violation has
been corrected, the chief building official shall issue and record a release of the notice of
pendency of code violation.
16.04.060 Enforcement -- Criminal Enforcement Authority.
The employee positions designated in this section are authorized to exercise the authority
provided in California Penal Code section 836.5 for violations of this Chapter. The designated
employee positions are: (1) chief building official, (2) assistant chief building official, (3) building
inspection manager, and (4) code enforcement officer.
16.04.070 Local Amendments.
3
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions
of the California Building Code, 2019 Edition, and shall be deemed to replace the cross-referenced
sections of said Code with the respective provisions set forth in this Chapter.
16.04.075 Section 101 General. Section 101 of Chapter 1 of the California Building Code is
amended to read:
101.1 Title. The regulations shall be known as the Building Code of City of Palo Alto,
hereinafter referred to as “this code.”
16.04.080 Section 105.1.3 Demolition permits. Section 105.1.3 of Chapter 1 of the
California Building Code is added to read:
105.1.3 Demolition permits. In addition to other requirements of law, every person
seeking a permit to demolish a unit used for residential rental purposes shall furnish an
affidavit or declaration under penalty of perjury that the unit proposed to be
demolished is vacant, or that notice to vacate has been given to each tenant lawfully in
possession thereof as required by law or by the terms of such tenancy. No work or
demolition shall begin upon any portion of such a unit until each and every portion has
been vacated by all tenants lawfully in possession thereof.
16.04.085 Section 105.3.2 Time limitation of application. Section 105.3.2 of Chapter 1 of the
California Building Code is amended to read:
Section 105.3.2 Time limitation of application. An application for a permit for any proposed
work shall be deemed to have been abandoned 365 days after the date of filing, unless such
application has been pursued in good faith or a permit has been issued; except that the
building official is authorized to grant one or more extensions and/or reactivations for
additional periods not exceeding 90 days each. The extension shall be required in writing
and justifiable cause demonstrated.
16.04.090 Section 105.5 Expiration. Section 105.5 of Chapter 1 of the California Building Code
is amended to read:
105.5 Expiration. Every permit issued shall become invalid unless the work on the
site authorized by such permit is commenced within 180 days or 12 months for
residential occupancies after its issuance, or if the work authorized on the site by
such permit is suspended or abandoned for a period of 180 days after the time the
work is commenced. For the purpose of this section, failure to progress a
4
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
project to the next level of required inspection shall be deemed to be suspension
of the work.
The chief building official or designee is authorized to grant, in writing, no more
than three extensions and reactivations of permits that would otherwise expire or
reactivations of expired permits, for periods not more than 180 days each and may
require:
1) that the construction documents be revised to partially or fully comply
with current codes; and
2) payment of a fee; and
3) payment of a penalty pursuant to Chapter 16.62 of the Palo Alto
Municipal Code, as it may be amended from time to time.
Extensions and reactivations shall be requested in writing and justifiable cause
demonstrated. Additional extensions or reactivations beyond three may only be
granted with the approval of the City Council.
105.5.1 Term Limit for Permits. All work associated with a building permit
must be completed, and final inspection issued, within 48 months of
permit issuance.
16.04.100 Section 109.6 Refunds. Section 109.6 of Chapter 1 of the California Building
Code is amended to read:
109.6 Refunds The building official or designee may authorize the refund of any fee paid
hereunder which was erroneously paid or collected. The building official or designee
may authorize the refund of not more than eighty percent (80%) of the Permit Fee paid
when no work has occurred under a permit issued pursuant to this Chapter. The
building official or designee may authorize the refund of not more than eighty percent
(80%) of the Plan Review Fee paid when a permit application is withdrawn or canceled
before any plan review work has started.
16.04.110 Section 109.7 Re-Inspection fees. Section 109.7 of Chapter 1 of the California
Building Code is added to read:
109.7 Re-Inspection Fees. A Re-Inspection Fee may be assessed/authorized by the
building official or the building inspection supervisor for each re-inspection required
when work for which an inspection is requested is not ready for inspection or when
required corrections noted during prior inspections have not been completed. A “Re-
Inspection Fee” may be assessed/authorized when:
1. The inspection record card is not posted or otherwise available on the work site; or
2. The approved plans are not readily available for the inspector at the time of
inspection; or
3. The inspector is unable to access the work at the time of inspection; or
5
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
4. When work has substantially deviated from the approved plans without the prior
approval of the building official.
5. When a Re-Inspection Fee is assessed, additional inspection of the work will not be
performed until the fee has been paid.
16.04.115 Section 110.2.1 Preliminary accessibility compliance inspection. Section 110.2.1
of Chapter 1 of the California Building Code is added to read:
110.2.1 Preliminary accessibility compliance inspection. Before issuing a permit, the
building official or designee is authorized to examine or cause to be examined the pre-
construction accessibility compliance conditions of the buildings, structures, and sites
for which an application has been filed.
16.04.120 Section 110.3.3 Lowest floor elevation. Section 110.3.3 of Chapter 1 of the
California Building Code is amended to read:
110.3.3 Lowest floor elevation. In flood hazard areas, upon placement of the lowest
floor, including the basement, and prior to further vertical construction, the elevation
certification shall be submitted to City Public Works Engineering for inspection approval
prior to foundation inspection by City Building Inspection.
16.04.130 Section 111.1 – Use and occupancy. Section 111.1 of Chapter 1 of the California
Building Code is amended to read:
111.1 Use and occupancy. A building or structure shall not be used or occupied,
and a change in the existing occupancy of a building or structure or portion thereof
shall not be made, until the building official has issued a certificate of occupancy
therefor as provided herein. Issuance of a certificate of occupancy shall not be
construed as an approval of a violation of the provisions of this code or of other
ordinances of the jurisdiction.
Exception: Certificates of occupancy are not required for:
1. Work exempt from permits under Section 105.2
2. Group R – Division 2, 3 occupancies
3. Group U occupancies
111.1.1 Change of occupancy or tenancy. Each change of occupancy, official name
or tenancy of any building, structure or portion thereof, shall require a new
certificate of occupancy, whether or not any alterations to the building are
required by this code.
If a portion of any building does not conform to the requirements of this code for
a proposed occupancy, that portion shall be made to conform. The building official
may issue a new certificate of occupancy without requiring compliance with all
such requirements if it is determined that the change in occupancy or
6
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
tenancy will result in no increased hazard to life or limb, health, property or public
welfare.
When application is made for a new certificate of occupancy under this section,
the building official and fire chief shall cause an inspection of the building to be
made. The inspector(s) shall inform the applicant of those alterations necessary,
or if none are necessary, and shall submit a report of compliance to the building
official.
Before any application for a new certificate of occupancy is accepted, a fee shall
be paid by the applicant to cover the cost of the inspection of the building required
by the change of occupancy or tenancy.
16.04.140 Section 111.3– Temporary occupancy. Section 111.3 of Chapter 1 of the California
Building Code is amended to read:
111.3 Temporary occupancy. The building official is authorized to issue a
temporary certificate of occupancy before the completion of the entire work
covered by the permit, or as otherwise required, provided that such portion or
portions shall be occupied safely. The building official shall set a time period during
which the temporary certificate of occupancy is valid.
16.04.150 Section 111.5 Posting. Section 111.5 of Chapter 1 of the California Building Code is
added to read:
111.5 Posting. The certificate of occupancy shall be posted in a conspicuous,
readily accessible place in the building or portion of building to be occupied and
shall not be removed except when authorized by the building official.
16.04.153 Section 115 Stop Work Order. Section 115 of Chapter 1 of the California Building
Code is amended to read:
SECTION 115
STOP WORK ORDER
115.1 Authority. Whenever the building official finds any work regulated by this code
being performed in a manner that is contrary to the provisions of this code, without a
permit, beyond the scope of the issued permit, in violation of the Palo Alto Municipal
Code or Zoning Ordinance, or dangerous or unsafe, the building official is authorized to
issue a stop work order.
115.2 Issuance. The stop work order shall be in writing and shall be posted in a visible
location near the location where the work is being conducted. If the owner or owner’s
agent is not on site at the time of posting, a notice advising the reasons for the stop work
order issuance shall be hand delivered or mailed first-class to the owner of the property
7
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
involved, or to the owner’s agent, or to the person doing the work. Upon issuance of a
stop work order, the cited work shall immediately cease. The stop work order shall state
the reason for the order, the conditions under which the cited work will be permitted to
resume, and the name and contact information of the official or agency issuing the order.
115.3 Unlawful Continuance. Any person who continues to engage in any work after
having been served with a stop work order, except such work as that person is directed
to perform to remove a violation or unsafe condition, shall be guilty of a misdemeanor.
115.4 Removal of Posted Stop Work Order. Any person who removes a posted stop work
order without written consent of the Building Official shall be guilty of a misdemeanor.
115.5 Response Required. Violators receiving a stop work order are required to respond
to the Building Division within five (5) business days of the issued notice to receive
instructions on how to rescind the order.
115.6 Permit Application Required. A building permit application with construction or
demolition plans and supporting (structural calculations, energy calculations, accessible
access) documents must be submitted for approval within fifteen (15) working days
following response to the Building Division. Plans will be reviewed and correction letters
issued or permit application approved by the Building Division. A response to any
correction letter must be submitted within fifteen (15) working days of the date of the
correction letter. Ten working days will be required to review this second submission and
a permit approved for issuance. Permits ready for issuance must be issued within 5
working days thereafter. All construction must be inspected as work progresses and
signed off by all (affected) departments within 180 days of building permit issuance.
115.7 Stop Work Order Penalty. The Building Official may impose Stop Work Order
Penalties in accordance with Section 1.14.050 of this code and/or other applicable law.
16.04.155 Section 502.1 Address identification. Section 502.1 of Chapter 5 of the California
Building Code is amended to read:
502.1 Address identification. New and existing buildings shall be provided with approved
address identification. The address identification shall be legible and placed in a position
that is visible from the street or road fronting the property. Address identification
characters shall contrast with their background. Address numbers shall be Arabic
numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be
a minimum of 4 inches (102 mm) high with a minimum stroke width of ½ inch (12.7 mm)
unless required to be larger by Section 502.1.2. When required by the fire code official,
address identification shall be provided in additional approved locations to facilitate
emergency response. Where access is by means of a private road and the building address
cannot be viewed from the public way, a monument, pole or other approved sign or
means shall be used to identify the structure. Address numbers shall be maintained.
8
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
502.1.1 Address illumination. Address identification required by Section 501.2
shall be illuminated.
502.1.2 Address identification size. Address numbers and letters shall be sized as
follows:
1. When the structure is between thirty-six (36) and fifty (50) feet from the
road or other emergency means of access, a minimum of one-half inch
(0.5”) stroke by six inches (6”) high is required.
2. When the structure is fifty (50) or more feet from the road or other
emergency means of access, a minimum of one inch (1”) stroke by nine
inches (9”) high is required.
16.04.160 Section 702A Definitions – Wildland-Urban Interface Fire Area.
Section 702A of Chapter 7A of the California Building Code is amended include the following
definition of “Wildland-Urban Interface Fire Area”:
WILDLAND-URBAN INTERFACE FIRE AREA is a geographical area identified by the
State of California as a “Fire Hazard Severity Zone” in accordance with Public
Resources Code Sections 4201 through 4202 and Government Code Sections
51175 through 51189, or other areas designated by the enforcing agency to be at
a significant risk from wildfires. Within the city limits of the City of Palo Alto, “Wild
Land-Urban Fire Interface Area” shall also include all areas west of Interstate 280,
and all other areas recommended as a “Very High Fire Hazard Severity Zone” by
the Director of the California Department of Forestry.
16.04.170 Reserved
16.04.180 Section 903.2 – Automatic Sprinkler Systems, Where Required.
Section 903.2 of Chapter 9 the California Building Code is amended to read as follows:
903.2 Automatic sprinkler systems, where required. Approved automatic
sprinkler systems in new buildings and structures and in existing modified
buildings and structures, shall be provided in the locations described in this
section. Automatic fire sprinklers shall be installed per the requirements set
forth in Sections 903.2.1 through 903.2.18 and as follows, whichever is the more
restrictive:
1. An automatic sprinkler system shall be provided throughout all new
buildings and structures.
Exception: New non-residential occupancies, buildings or
structures that do not exceed 350 square feet of building area and
contain no plumbing fixtures.
9
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
2. An automatic sprinkler system shall be provided for all existing
buildings or structures where modifications have been determined by
the Building Official to trigger requirements for seismic retrofit.
3. An automatic sprinkler system shall be provided throughout all
existing buildings when modifications are made that create conditions
described in Sections 903.2.1 through 903.2.18, or that create an
increase in fire area to more than 3600 square feet or when the
addition is equal or greater than 50% of the existing building square
footage whichever is more restrictive.
4. An automatic sprinkler system shall be provided throughout all new
or rendered usable for occupancy and/or storage space basements
regardless of size and throughout existing basements that are
expanded by more than 50% or is conditioned for use. If the addition
is only the basement, then only the basement is required to be fire
sprinkler protection.
5. An automatic sprinkler system shall be installed throughout when
either the roof structure and/or exterior wall structure have been
removed and/or replaced by at least 50% of the existing structure.
6. An automatic sprinkler system shall be installed throughout when any
change in use or occupancy creating a more hazardous fire/life safety
condition, as determined by the Fire Chief.
16.04.190 Section 903.3.1.1 NFPA sprinkler systems.
Section 903.3.1.1 of Chapter 9 of the California Building Code is amended to read as follows:
903.3.1.1 NFPA 13 sprinkler systems. Where the provisions of this code require that a
building or portion thereof be equipped throughout with an automatic sprinkler system
in accordance with this section, sprinklers shall be installed throughout in accordance
with NFPA 13 and State and local requirements except as provided in Section 903.3.1.1.
1. For new buildings having no designated use or tenant, the minimum sprinkler
design density shall be Ordinary Hazard Group II.
2. Where future use or tenant is determined to require a higher density, the
sprinkler system shall be augmented to meet the higher density.
16.04.200 Section 903.3.1.2 – NFPA 13R sprinkler systems.
Section 903.3.1.2 of Chapter 9 of the California Building Code is amended to read as follows:
903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R
Occupancies, up to and including four stories in height, automatic sprinkler
systems shall be installed throughout in accordance with NFPA 13 and State and
local standards.
10
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
16.04.210 Section 903.3.1.3 – NFPA 13D sprinkler systems.
Section 903.3.1.3 of Chapter 9 of the California Building Code is amended to read as follows:
903.3.1.3 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler systems
installed in one-and two-family detached dwellings and townhouses shall be installed
throughout in accordance with NFPA 13D and State and local standards. Fire sprinkler
protection is required under rear covered patios extending 4 feet perpendicular from the
exterior of the structure.
16.04.220 Reserved
16.04.230 Reserved
16.04.240 Section 903.4.3 - Floor control valves.
Section 903.4.3 of Chapter 9 of the California Building Code is amended to read as follows:
903.4.3 Floor control valves. Automatic sprinkler systems serving buildings two (2) or
more stories in height shall have valves installed so as to control the system
independently on each floor including basements.
16.04.250 Section 905.3.1 Standpipe Systems.
Section 905.3.1 of the California Building Code is amended to read as follows:
905.3.1 Height. A Class I standpipe system shall be installed in buildings 3 or
more stories in height and in below grade occupied levels.
16.04.255 Section 1203.6 Ventilation of weather-exposed enclosed assemblies.
Section 1203.6 of Chapter 12 of the California Building Code is added to read:
1203.6 Ventilation of weather-exposed enclosed assemblies. Exterior projecting
elements and appurtenances exposed to the weather and sealed underneath, including
but not limited to balconies, landings, decks, and stairs, shall have cross ventilation for
each separate enclosed space by ventilation openings protected against the entrance of
rain and snow. Blocking and bridging shall be arranged so as not to interfere with the
movement of air. The net free ventilating area shall not be less than 1/150th of the area of
the space ventilated. Ventilation openings shall comply with Section1203.2.1. An access
panel of sufficient size shall be provided on the underside of the enclosed space to allow
for periodic inspection.
Exceptions:
1. An access panel is not required where the exterior coverings applied to the
underside of joists are easily removable using only common tools.
11
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
2. Removable soffit vents of at least four inches (4”) in width can be used to
satisfy both ventilation and access panel requirements.
16.04.260 Section 1206.3.4 – Roof guardrails at interior courts.
Section 1206.3.4 of Chapter 12 of the California Building Code is added to read:
1206.3.4 Roof guardrails at interior courts. Roof openings into interior courts that
are bounded on all sides by building walls shall be protected with guardrails. The
top of the guardrail shall not be less than 42 inches in height above the adjacent
roof surface that can be walked on. Intermediate rails shall be designed and
spaced such that a 12 inch diameter sphere cannot pass through.
Exception: Where the roof opening is greater than 600 square feet in area.
16.04.265 Section 1406.3.1 Projections exposed to weather.
Section 1406.3.1 of Chapter 14 of the California Building Code is added to read:
1406.3.1 Projections exposed to weather. Floor projections exposed to the weather and
sealed underneath, including but not limited to balconies, landings, decks, and stairs shall
be constructed of naturally durable wood, preservative-treated wood, corrosion-resistant
(e.g. galvanized) steel, or similar approved materials.
16.04.270 Section 1503.2.1 Flashing Locations.
Section 1503.2.1 of Chapter 15 of the California Building Code is amended to read:
1503.2.1 Locations. Flashing shall be installed at wall and roof intersections, gutters,
wherever there is a change in roof slope or direction, and around roof openings. Where
flashing is of metal, the metal shall be corrosion resistant with a thickness of not less than
0.019 inches (0.483 mm) (e.g. no. 26 galvanized sheet) and shall be primed and painted.
16.04.275 Section 1613.5 ASCE 7, Section 13.1.4 Seismic Design Requirements for
Nonstructural Components.
Section 1613.5 of Chapter 16 of the California Building Code is added to include the following:
13.1.4 Exemptions. The following nonstructural components are exempt from the
requirements of this section:
1. Furniture (except storage cabinets as noted in Table 13.5-1).
2. Temporary or movable equipment
3. Architectural components in Seismic Design Category B other than parapets
supported by bearing walls or shear walls provided that the component
importance factor, Ip, is equal to 1.0.
4. Mechanical and electrical components in Seismic Design Category B.
5. Mechanical and electrical components in Seismic Design Category C provided
that the component importance factor, Ip, is equal to 1.0.
12
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
6. Mechanical and electrical components in Seismic Design Categories D, E, or F
where all of the following apply:
a. The component importance factor, Ip, is equal to 1.0;
b. The component is positively attached to the structures;
c. Flexible connections are provided at seismic separation joints and between
the component and associated ductwork, piping, and conduit; and either:
i. The component weighs 400 lb (1,780 N) or less and has a center of
mass located 4 ft (1.22 m) or less above the adjacent floor level; or
ii. The component weights 20 lb (89 N) or less or, in the case of a
distributed system, 5 lb/ft (73 N/m) or less; or
iii. The component weights 200 lb (890N) or less and is suspended
from roof/floor or mounted on wall.
16.04.280 Section 1612.1.1 - Palo Alto Flood Hazard Regulations.
Section 1612.1.1 of Chapter 16 of the California Building Code is added to read:
1612.1.1 Palo Alto Flood Hazard Regulations. Notwithstanding the provisions of
Section 1612.1, all construction or development within a flood hazard area (areas
depicted as a Special Flood Hazard Area on Flood Insurance Rate Maps published
by the Federal Emergency Management Agency) shall comply with the City of Palo
Alto Flood Hazard Regulations (Palo Alto Municipal Code Chapter 16.52). Where
discrepancies exist between the requirements of this code and said regulations,
the provisions of said regulations shall apply.
16.04.290 Section 1705.3 Concrete Construction.
Section 1705.3 of Chapter 17 of the California Building Code is amended to read:
1705.3 Concrete construction. The special inspections and tests of concrete construction
shall be as required by this section and Table 1705.3.
Exception: Special inspections shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less above grade
plane that are fully supported on earth or rock, where the structural design of
the footing is based on a specified compressive strength, f’c, no greater than
2,500 pound per square inch (psi) (17.2 Mpa).
2. Continuous concrete footings supporting walls of buildings three stories or less
above grade plane that are fully supported on earth or rock where:
2.1. The footings support walls of light-frame construction;
2.2. The footings are designed in accordance with Table 1809.7; or
2.3. The structural design of the footing is based on a specified compressive
strength, f ′c, no greater than 2,500 pounds per square inch (psi) (17.2
MPa), regardless of the compressive strength specified in the construction
documents or used in the footing construction.
13
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
3. Nonstructural concrete slabs supported directly on the ground, including pre-
stressed slabs on grade, where the effective pre-stress in the concrete is less
than 150 psi (1.03 MPa).
4. Concrete foundation walls constructed in accordance with Table 1807.1.6.2.
5. Concrete patios, driveways and sidewalks, on grade.
16.04.300 Table 1809.7 Prescriptive Footings Supporting Walls of Light-Frame Construction.
Table 1809.7 of Chapter 18 of the California Building Code is amended to read:
TABLE 1809.7
Prescriptive Footings Supporting Walls of Light-Frame Constructionabcd
Number of
Floors
Supported by
the Footing e
Thickness of
Foundation
Wall
(inches)
Width of
Footing
(inches)
Thickness of
Footing
(inches)
Depth of
Foundation
Below
Natural
Surface of
Ground or
Finish
Grade
(inches)
1&2 8 15 8 20
3 8 18 8 30
Group U
Occupancies 8 12 8 12
ADU
Conversionsf 8 12 8 12
a. The ground under the floor shall be permitted to be excavated to the elevation of
the top of the footing.
b. Interior stud-bearing walls shall be permitted to be supported by isolated footings.
The footing width and length shall be twice the width shown in this table, and
footings shall be spaced not more than 6 feet on center.
c. See Section 1905 for additional requirements for concrete footings of structures
assigned to Seismic Design Category C, D, E or F.
d. All foundations as required in the above Table shall be continuous and have a
minimum of three #4 bars of reinforcing steel, except for one story, detached
accessory buildings of Group U occupancy where two bars are required.
e. Footings shall be permitted to support a roof in addition to the stipulated number
of floors. Footings supporting roof only shall be as required for supporting one
floor.
f. If the existing detached accessory building is being converted to an Accessory Dwelling
Unit (ADU) and the existing foundation is being utilized, then a designer, architect or
engineer shall provide a letter that the existing foundation complies with the conditions
above and is deemed structurally sound.
14
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
16.04.305 Section 1905.1.7 ACI 318, Section 14.1.4.
Section 1905.1.7 of Chapter 19 of the California Building Code is amended to read:
1905.1.7 ACI 318, Section 14.1.4. Delete ACI 318, Section 14.1.4, and replace with the following:
14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E or F.
14.1.4.1- Structures assigned to Seismic Design Category C, D, E or F shall not have
elements of structural plain concrete, except as follows:
(a) Left intentionally blank.
(b) Isolated footings of plain concrete supporting pedestals or columns are permitted,
provided the projection of the footing beyond the face of the supported member
does not exceed the footing thickness.
(c) Plain concrete footings supporting walls are permitted, provided the footings have
at least three continuous longitudinal reinforcing bars not smaller than No. 4, with a
total area of not less than 0.002 times the gross cross-sectional area of the footing
except for one story, detached accessory buildings of Group U occupancy where two
bars are required. A minimum of one bar shall be provided at the top and bottom of
the footing. Continuity of reinforcement shall be provided at corners and
intersections.
16.04.310 Section 2308.6 Wall Bracing. Section 2308.6 of Chapter 23 of the California
Building Code is amended to read:
. . .
2308.6.4 Braced Wall panel construction. For Methods DWB, WSP, SFB, PBS, PCP and
HPS, each panel must be not less than 48 inches (1219 mm) in length, covering three
stud spaces where studs are spaced 16 inches (406 mm) on center and covering two
stud spaces where studs are spaces 24 inches (610 mm) on center. Braced wall panels
less than 48 inches (1219 mm) in length shall not contribute toward the amount of
required bracing. Braced wall panels that are longer than the required length shall be
credited for their actual length.
Vertical joints of panel sheathing shall occur over studs and adjacent panel joints
shall be nailed to common framing members. Horizontal joints shall occur over blocking
or other framing equal in size to the studding except where waived by the installation
requirements for the specific sheathing materials. Sole plates shall be nailed to the floor
framing in accordance with Section 2308.7 and top plates shall be connected to the
framing above in accordance with Section 2308.6.7.2. Where joists are perpendicular to
braced wall lines above, blocking shall be provided under and in line with the braced
wall panels.
15
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
2308.6.5 Alternate bracing. An alternate braced wall (ABW) or a portal frame with
hold-downs (PFH) described in this section is permitted to substitute for a 48-inch (1219
mm) braced wall panel of Method DWB, WSP, SFB, PCP or HPS.
Subsections 2308.6.1 through 2308.6.3 are unchanged.
16.04.315 Table 2308.6.1 – footnote b amended. Footnote “b” of table 2308.6.1 of Chapter
23 of the California Building Code is amended to read:
b. Method GB, gypsum wallboard is prohibited in Seismic Design Categories D & E.
16.04.317 Table 2308.6.3(1) Bracing Methods. Table 2308.6.3(1) – Bracing Methods of
Chapter 23 of the California Building Code is amended to add footnote “b” as follows:
Table 2308.6.3(1)
BRACING METHODS
METHODS,
MATERIAL
MINIMUM
THICKNESS
FIGURE CONNECTION CRITERIAa
Fasteners Spacing
b. Method GB, gypsum wallboard is prohibited in Seismic Design Categories D & E.
16.04.320 Section 2308.9 Attachment of sheathing. Section 2308.9 of Chapter 23 of the
California Building Code is added to read:
2308.9 Attachment of sheathing. Fastening of braced wall panel sheathing shall not be
less than that prescribed in Table 2308.6.3(1) or 2304.10.1 Wall sheathing shall not be
attached to framing members by adhesives.
All braced wall panels shall extend to the roof sheathing and shall be attached to
parallel roof rafters or blocking above with framing clips (18 gauge minimum)
spaced at maximum 24 inches on center with four 8d nails per leg (total eight-8d
nails per clip). Braced wall panels shall be laterally braced at each top corner and
at maximum 24 inch intervals along the top plate of discontinuous vertical
framing.
16.04.322 Chapter 31B – Public Pools. Chapter 31B of the California Building Code has been
adopted in its entirety.
The California Building Code, Chapter 31B shall apply to the construction, installation, renovation,
alteration, addition, relocation, replacement or use of any public pool and its ancillary facilities,
mechanical equipment and related piping.
16
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
16.04.325 Section 3304.1 Excavation and fill.
Section 3304.1 of Chapter 33 of the California Building Code is amended to read:
3304.1 Excavation and fill. Excavation and fill for buildings and structures shall be
constructed or protected so as not to endanger life or property. Stumps and roots shall be
removed from the soil to a depth of not less than 12 inches (305mm) below the surface of
the ground in the area to be occupied by the building. Wood forms that have been used in
placing concrete, if within the ground or between foundation sills and the ground, shall be
removed before a building is occupied or used for any purpose. Wooden stakes shall notbe
embedded in concrete. Before completion, loose or casual wood shall be removed from
direct contact with the ground under the building.
16.04.330 2019 California Existing Building Code Adopted.
The California Existing Building Code, 2019 Edition, Title 24, Part 10, which provides alternative
building regulations for the rehabilitation, preservation restoration or relocation of existing buildings
is adopted and hereby incorporated in this Chapter be reference and made a part hereof the same
as if fully set forth herein. One copy of the California, 2019 Edition, has been filed for use and
examination of the public in the Office of the Building Official of the City of Palo Alto.
16.04.335 2019 California Existing Building Code and International Existing Building
Code Appendix Chapters Adopted.
The following Appendix Chapters of the California Existing Building Code (CEBC), 2019
Edition, and International Existing Building Code (IEBC), 2018 Edition, are adopted and
hereby incorporated in this Chapter be reference and made a part hereof the same as if fully
set forth herein:
A. CEBC Appendix A1 – Seismic Strengthening Provisions for Unreinforced Masonry
Bearing Wall Buildings
B. IEBC Appendix Chapter A2 – Earthquake Hazard Reduction in Existing Reinforced Concrete
and Reinforced Masonry Wall Buildings with Flexible Diaphragms.
C. CEBC Appendix A3 – Prescriptive Provisions for Seismic Strengthening of Cripple
Walls and Sill Plate Anchorage of Light, Wood-Frame Residential Buildings
D. CEBC Appendix A4 – Earthquake Risk Reduction in Wood-Frame Residential Buildings
with Soft, Weak or Open Front Walls
E. CEBC Appendix A5 – Referenced Standards
16.04.340 Section 503.17 – Suspended ceiling systems.
Section 503.17 of the California Existing Building Code, Title 24, Part 10 is added to read:
503.17 Suspended ceiling systems. In existing buildings or structures, when a
permit is issued for alterations or repairs, the existing suspended ceiling system
within the area of the alterations or repairs shall comply with ASCE 7-16 Section
13.5.6.
17
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
16.04.345 Section 503.18 - Mechanical and electrical equipment in Seismic Design Categories
D, E, or F. Section 503.18 of the California Existing Building Code, Title 24, Part 10 is added to read:
503.18 Mechanical and electrical equipment in Seismic Design Categories D, E, or F . In
existing buildings or structures, when a permit is issued for alteration or repairs, the existing
mechanical and electrical equipment on the area of the roof shall comply with ASCE 7-16
Section 13.4 Nonstructural Component Anchorage.
16.04.350 Section 405.2.3.1 – Seismic Evaluation and Design Procedures for Repairs. Section
405.2.3.1 of the California Existing Building Code, Title 24, Part 10 is amended to read:
405.2.3.1 Evaluation and design procedures. The building shall be evaluated by a
registered design professional, and the evaluation findings shall be submitted to
the code official. The evaluation shall establish whether the damaged building, if
repaired to its pre-damage state, would comply with the provisions of the
California Building Code for load combinations that include wind or earthquake
effects, except that the seismic forces shall be reduced seismic forces. Evaluation
for earthquake loads shall be required if the substantial structural damage was
caused by or related to earthquake effects or if the building is in Seismic Design
Category C, D, E or F. The seismic evaluation and design shall be based on the
procedures specified in the building code, ASCE 41 Seismic Evaluation and
Upgrade of Existing Buildings. The procedures contained in Appendix A of the
International Existing Building Code (IEBC) shall be permitted to be used as
specified in Section 405.2.3.1.
Wind loads for this evaluation shall be those prescribed in Section 1609.
405.2.3.1.1 CEBC level seismic forces. When seismic forces are required to meet
the building code level, they shall be one of the following:
1. One hundred percent of the values in the building code. The R factor used
for analysis in accordance with Chapter 16 of the building code shall be the
R factor specified for structural systems classified as "Ordinary" unless it
can be demonstrated that the structural system satisfies the proportioning
and detailing requirements for systems classified as "intermediate" or
"special".
2. Forces corresponding to BSE-1 and BSE-2 Earthquake Hazard Levels
defined in ASCE 41. Where ASCE 41 is used, the corresponding
performance levels shall be those shown in Table 405.2.3.1.
18
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
TABLE 405.2.3.1
ASCE 41 PERFORMANCE LEVELS
RISK CATEGORY (BASED ON
CBC TABLE 1604.5)
PERFORMANCE LEVEL FOR USE WITH ASCE 41
BSE-1 EARTHQUAKE HAZARD LEVEL
PERFORMANCE LEVEL FOR USE WITH
ASCE 41 BSE-2 EARTHQUAKE HAZARD
LEVEL *
I Life Safety (LS) Collapse Prevention (CP)
II Life Safety (LS) Collapse Prevention (CP)
III Damage Control Limited Safety
IV Immediate Occupancy (IO) Life Safety (LS)
* Only applicable when Tier 3 procedure is used.
405.2.3.1.1 Reduced CEBC level seismic forces. When seismic forces are permitted to meet
reduced building code levels, they shall be one of the following:
1. Seventy-five percent of the forces prescribed in the building code. The
R factor used for analysis in accordance with Chapter 16 of the building
code shall be the R factor as specified in Section 405.2.3.1.1.
2. In accordance with the California Existing Building Code and applicable
chapters in Appendix A of the International Existing Building Code, as
specified in Items a. through e. below. Structures or portions of
structures that comply with the requirements of the applicable chapter
in Appendix A shall be deemed to comply with the requirements for
reduced building code force levels.
a. The seismic evaluation and design of unreinforced masonry
bearing wall buildings in Risk Category I or II are permitted to be
based on the procedures specified in CEBC Appendix Chapter A1.
b. Seismic evaluation and design of the wall anchorage system in
reinforced concrete and reinforced masonry wall buildings with
flexible diaphragms in Risk Category I or II are permitted to be
based on the procedures specified in IEBC Appendix Chapter A2.
c. Seismic evaluation and design of cripple walls and sill plate
anchorage in residential buildings of light-frame wood
construction in Risk Category I or II are permitted to be based on
the procedures specified in CEBC Appendix Chapter A3
d. Seismic evaluation and design of soft, weak, or open-front wall
conditions in multi-unit residential buildings of wood construction
in Risk Category I or II are permitted to be based on the
procedures specified in CEBC Appendix Chapter A4.
e. Seismic evaluation and design of concrete buildings and concrete
with masonry infill buildings in all risk categories are permitted to
be based on the procedures specified in IEBC Appendix Chapter
A5.
19
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
3. Those associated with the BSE-1 Earthquake Hazard Level defined in
ASCE 41 and the performance level as shown in Table 405.2.3.1. Where
ASCE 41 is used, the design spectral response acceleration parameters
SXS and SX1 shall not be taken less than seventy-five percent of the
respective design spectral response acceleration parameters SDS and
SD1 defined by the California Building Code and its reference standards.
16.04.355 2019 California Historical Building Code adopted.
The California Historical Building Code, 2019 Edition, Title 24, Part 8 (authorized by Health and
Safety Code Sections 18950 through 18961), which provides alternative building regulations for
the rehabilitation, preservation, restoration, or relocation of designated historic buildings, is
adopted and hereby incorporated in this Chapter by reference and made a part hereof the same as
if fully set forth herein. One copy of the California Historical Building Code, 2019 Edition, has been
filed for use and examination of the public in the Office of the Building Official of the City of Palo
Alto.
SECTION 2. The Council adopts the findings for local amendments to the California Building
Code, 2019 Edition, attached hereto as Exhibit “A” and incorporated herein by reference.
SECTION 3. The Council finds that this ordinance is exempt from the provisions of the California
Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because
it can be seen with certainty that there is no possibility that the amendments herein adopted will
have a significant effect on the environment.
//
//
//
//
//
//
//
//
//
//
//
20
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
SECTION 4. This Ordinance shall be effective on the thirty-first day after the date of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Deputy City Attorney City Manager
Director of Planning and Development
Services
Director of Administrative Services
21
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
Exhibit A
FINDINGS FOR LOCAL AMENDMENTS
TO CALIFORNIA BUILDING CODE AND
CALIORNIA EXISTING BUILDING CODE
Section 17958 of the California Health and Safety Code provides that the City may make
changes to the provisions of the California Building Standards Code. Sections 17958.5 and
17958.7 of the Health and Safety Code require that for each proposed local change to those
provisions of the California Building Standards Code which regulate buildings used for human
habitation, the City Council must make findings supporting its determination that each such local
change is reasonably necessary because of local climatic, geological, or topographical conditions.
Local building regulations having the effect of amending the uniform codes, which were
adopted by the City prior to November 23, 1970, were unaffected by the regulations of Sections
17958, 17958.5 and 17958.7 of the Health and Safety Code. Therefore, amendments to the
uniform codes which were adopted by the City Council prior to November 23, 1970, and have
been carried through from year to year without significant change, need no required findings.
Also, amendments to provisions not regulating buildings used for human habitation do not
require findings.
Code: CBC
Section Title Add Amended Deleted Justification
(See below for
keys)
101.1 Title T
105.5 Expiration T
109.6 Refunds T
501.2 Address Identification T
702A Wild Land-Urban Interface Fire Area T
902.1 Definition (Dual Sensor Carbon
Monoxide and Smoke Alarm)
- T
903.2 Where Automatic Sprinklers Required T
903.3.1.1 NFPA 13 Sprinkler Systems T
903.3.1.2 NFPA 13R Sprinkler Systems T
903.3.1.3 NFPA 13D Sprinkler Systems T
903.4.3 Floor Control Valves T
905.3.1 Standpipe Systems T
907.2.11 Single- and Multiple-Station Smoke
Alarms
T
1203.6.1 Ventilation of Weather-Exposed,
Enclosed Assemblies
G, T
1206.3.4 Roof Guardrails at Interior Courts T
1404.13 Projections Exposed to Weather G, T
1503.2.1 Flashing Locations T
22
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
1612.1.1 Palo alto Flood Hazard Regulations C, T
1616.10.15 ASCE 7 Sec. 13.1.4 G
1705.3 Concrete Construction G
Table 1809.7 Prescriptive Footings Supporting
Walls of Light Frame Construction
G,T
16.04.305 ACI 318, Section 14.1.4 G, T
2308.6 Wall Bracing G
2308.6.4 Braced wall panel construction G
2308.6.5 Alternate bracing G
Table 2306.1 &
Table
2308.6.3(1)
Wall Bracing in Seismic Design
Categories D & E
G
2308.9 Attachment of Sheathing G
Chapter 31B Public Pools G
3405.2.1 Evaluation and Design Procedures T
Appendix H Signs G, T
Appendix I Patio Covers C
Appendix J;
section J109.4
Drainage Across Property Lines T
Appendix O Emergency Housing C, G, T
Code: CEBC
Section Title Add Amended Deleted Justification
(See below for
keys)
403.13 Excavation and fill G
404.2.1 Suspended Ceiling Systems G
503.18 Mechanical and electrical equipment
in Seismic Design Categories D, E, or F
G
CEBC Appendix
A1
Seismic Strengthening Provisions for
Unreinforced Masonry Bearing Wall
Buildings
G
IEBC Appendix
A2
Earthquake Hazard Reduction in
Existing Reinforced Concrete and
Reinforced Masonry Wall Buildings
with Flexible Diaphragms.
G
CEBC Appendix
A3
Prescriptive Provisions for Seismic
Strengthening of Cripple Walls and Sill
Plate Anchorage of Light, Wood-Frame
Residential Buildings
G
23
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
CEBC Appendix
A4
Earthquake Risk Reduction in Wood-
Frame Residential Buildings with Soft,
Weak or Open Front Walls
G
IEBC Appendix
A5
Earthquake Hazard Reduction in
Existing Concrete Buildings
G
24
2019 Code Cycle ORD Amending Ch. 16.04 Building Code
Key to Justification for Amendments to Title 24 of the California Code of Regulations
C This amendment is justified on the basis of a local climatic condition. The seasonal climatic
conditions during the late summer and fall create severe fire hazards to the public health
and welfare in the City. The hot, dry weather frequently results in wild land fires on the
brush covered slopes west of Interstate 280. The aforementioned conditions combined
with the geological characteristics of the hills within the City create hazardous conditions
for which departure from California Building Standards Code is required.
G This amendment is justified on the basis of a local geological condition. The City of Palo
Alto is subject to earthquake hazard caused by its proximity to San Andreas fault. This
fault runs from Hollister, through the Santa Cruz Mountains, epicenter of the 1989 Loma
Prieta earthquake, then on up the San Francisco Peninsula, then offshore at Daly City near
Mussel Rock. This is the approximate location of the epicenter of the 1906 San Francisco
earthquake. The other fault is Hayward Fault. This fault is about 74 mi long, situated
mainly along the western base of the hills on the east side of San Francisco Bay. Both of
these faults are considered major Northern California earthquake faults which may
experience rupture at any time. Thus, because the City is within a seismic area which
includes these earthquake faults, the modifications and changes cited herein are designed
to better limit property damage as a result of seismic activity and to establish criteria for
repair of damaged properties following a local emergency.
T The City of Palo Alto topography includes hillsides with narrow and winding access, which
makes timely response by fire suppression and emergency response vehicles difficult. Palo
Alto is contiguous with the San Francisco Bay, resulting in a natural receptor for storm and
waste water run-off. Also the City of Palo Alto is located in an area that is potentially
susceptible to liquefaction during a major earthquake. The surface condition consists mostly
of stiff to dense sandy clay, which is highly plastic and expansive in nature. The
aforementioned conditions within the City create hazardous conditions for which departure
from California Building Standards Code is warranted.
1
2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
NOT YET ADOPTED
Ordinance No.
Ordinance of the Council of the City of Palo Alto Repealing
Chapter 16.06 of the Palo Alto Municipal Code and Amending Title
16 to Adopt a New Chapter 16.06, California Residential Code,
2019 Edition, and Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Chapter 16.06 of Palo Alto Municipal Code is hereby amended by repealing the
Chapter in its entirety and adopting a new Chapter 16.06 to read as follows:
16.06.010 2019 California Residential Code adopted.
The California Residential Code, 2019 Edition, Title 24, Part 2.5 of the California Code of Regulations,
together with those omissions, amendments, exceptions and additions thereto, is adopted and
hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set
forth herein.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and
regulations to the chapters and sections of the former California Code of Regulations, Title 24, 2016,
shall be construed to apply to the corresponding provisions contained within the California Code of
Regulations, Title 24, 2019. Ordinance No. 5479 of the City of Palo Alto and all other ordinances or
parts of ordinances in conflict herewith are hereby suspended and expressly repealed.
Wherever the phrases "California Residential Code" or "Residential Code" are used in this code
or any ordinance of the city, such phrases shall be deemed and construed to refer and apply to
the California Residential Code, 2019 Edition, Title 24, Part 2.5 of the California Code of
Regulations, as adopted by this Chapter.
One copy of the California Residential Code, 2019 Edition, has been filed for use and examination of
the public in the Office of the Building Official of the City of Palo Alto.
16.06.020 2019 California Residential Code Appendix Chapters adopted.
The following Appendix Chapters of the California Residential Code, 2019 Edition, are adopted and
hereby incorporated in this Chapter by reference and made a part hereof the same as if fully set
forth herein:
A. Appendix H – Patio Covers
B. Appendix J – Existing Building and Structures
C. Appendix K – Sound Transmission
D. Appendix V – Swimming Pool Safety Act
2
2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
16.06.030 Cross - References to California Residential Code.
The provisions of this Chapter contain cross-references to the provisions of the California
Residential Code, 2019 Edition, in order to facilitate reference and comparison to those provisions.
16.06.40 Section 1.11.2.1.1 Duties and powers of the enforcing agency/Enforcement is
amended with the following language:
Section 1.11.2.1.1 Duties and powers of the enforcing agency/Enforcement
The responsibility for enforcement of building standards adopted by the State Fire
Marshal and published in the California Building Standards Code relating to fire and panic
safety and other regulations of the State Fire Marshal shall, except as provided in Section
1.11.2.1.2, be as follows:
1. The city, county or city and county with jurisdiction in the area affected by the
standard or regulation shall delegate the enforcement of the building standards
relating to fire and panic safety and other regulations of the State Fire Marshal as they
relate to Group R-3 occupancies, as described in Section 310.1 of Part 2 of the
California Building Standards Code, to both enforcement divisions specific to their
areas of enforcement disciplines:
1.1 The chief of the fire authority of the city, county or city and county, or an
authorized representative and;
1.2. The chief building official of the city, county or city and county, or an
authorized representative.
16.06.050 Violations -- Penalties.
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this Chapter or any permits, conditions, or variances granted under this Chapter.
Violators shall be subject to any penalty or penalties authorized by law, including but not limited
to: administrative enforcement pursuant to Chapters 1.12 and 1.16 of the Palo Alto Municipal
Code; and criminal enforcement pursuant to Chapter 1.08 of the Palo Alto Municipal Code. Each
separate day or any portion thereof during which any violation of this Chapter occurs or
continues shall be deemed to constitute a separate offense.
When the chief building official determines that a violation of this Chapter has occurred, the
chief building official may record a notice of pendency of code violation with the Office of the
County Recorder stating the address and owner of the property involved. When the violation has
been corrected, the chief building official shall issue and record a release of the notice of
pendency of code violation.
16.06.060 Enforcement -- Criminal Enforcement Authority.
The employee positions designated in this section are authorized to exercise the authority
provided in California Penal Code section 836.5 for violations of this Chapter. The designated
employee positions are: (1) chief building official, (2) assistant chief building official, (3) building
3
2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
inspection manager, and (4) code enforcement officer.
16.06.070 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions
of the California Residential Code, 2019 Edition, and shall be deemed to replace the cross-
referenced sections of said Code with the respective provisions set forth in this Chapter.
16.06.080 Section R101.1 Title is amended to read:
R101.1 Title These provisions shall be known as the Residential Code for One- and Two-
family Dwellings of City of Palo Alto, and shall be cited as such and will be referred to
herein as “this code.”
16.06.090 Section R105.1.1 Demolition permits is added to read:
R105.1.1 Demolition permits. In addition to other requirements of law, every person
seeking a permit to demolish a unit used for residential rental purposes shall furnish an
affidavit or declaration under penalty of perjury that the unit proposed to be
demolished is vacant, or that notice to vacate has been given to each tenant lawfully in
possession thereof as required by law or by the terms of such tenancy. No work or
demolition shall begin upon any portion of such a unit until each and every portion has
been vacated by all tenants lawfully in possession thereof.
16.04.100 Section R105.5 Expiration is amended to read:
R105.5 Expiration. Every permit issued shall become invalid unless the work on
the site authorized by such permit is commenced within 12 months after its
issuance, or if the work authorized on the site by such permit is suspended or
abandoned for a period of 12 months after the time the work is commenced. The
chief building official is authorized to grant, in writing, one or more extensions of
time, for periods not more than 180 days each and may require:
1) that the construction documents be revised to partially or fully
comply with current codes, and
2) payment of a fee.
Extensions shall be requested in writing and justifiable cause demonstrated. For
the purpose of this section, failure to progress a project to the next level of
required inspection shall be deemed to be suspension of the work.
16.06.110 Section R108.5 Refunds is amended to read:
R108.5 Refunds. The building official or permit center manager may authorize the
refund of any fee paid hereunder which was erroneously paid or collected. The building
official or permit center manager may authorize the refund of not more than eighty
4
2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
percent (80%) of the permit fee paid when no work has occurred under a permit issued
pursuant to this Chapter. The building official or permit center manager may authorize
the refund of not more than eighty percent (80%) of the Plan Review Fee paid when a
permit application is withdrawn or canceled before any plan review work has started.
16.06.120 Section R109.1.3 Floodplain inspections is amended to read:
R109.1.3 Floodplain inspections. In flood hazard areas, upon placement of the lowest
floor, including the basement, and prior to further vertical construction, the elevation
certification shall be submitted to City Public Works Engineering for inspection approval
prior to foundation inspection by city building inspection.
16.06.130 Section R109.5 Re-inspection fees assessed/authorized is added to read:
R109.5 Re-inspection fees. A Re-Inspection Fee may be assessed/authorized by the
building official or building inspection supervisor for each re-inspection required when
work for which an inspection is requested is not ready for inspection or when required
corrections noted during prior inspections have not been completed. A “Re-Inspection
Fee” may be assessed/authorized when:
1. The inspection record card is not posted or otherwise available on the work site; or
2. The approved plans are not readily available for the inspector at the time of
inspection; or
3. The inspector is unable to access the work at the time of inspection; or
4. When work has substantially deviated from the approved plans without the prior
approval of the building official.
5. When a Re-Inspection Fee is assessed, additional inspection of the work will not be
performed until the fee has been paid.
16.06.140 Section R110.1 Use and occupancy is amended to read:
R110.1 Use and occupancy. A building or structure shall not be used or occupied, and a
change of occupancy or change of use of a building or structure or portion thereof shall
not be made, until the building official has issued a certificate of occupancy therefor as
provided herein. Issuance of a certificate of occupancy shall not be construed as an
approval of a violation of the provisions of this code or of other ordinances of the
jurisdiction. Certificates presuming to give authority to violate or cancel the provisions
of this code or other ordinances of the jurisdiction shall not be valid.
Exceptions: Certificates of occupancy are not required for:
1. Work exempt from permits under Section 105.2
2. Accessory buildings or structures
3. Group R - Division 3 occupancies
4. Group U occupancies
16.06.150 Section R202 amended – Definitions added.
5
2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
Section R202 of the California Residential Code is amended to include the following definition:
WILDLAND-URBAN INTERFACE FIRE AREA is a geographical area identified by the
State of California as a “Fire Hazard Severity Zone” in accordance with Public
Resources Code Sections 4201 through 4202 and Government Code Sections
51175 through 51189, or other areas designated by the enforcing agency to be at
a significant risk from wildfires. Within the city limits of the City of Palo Alto,
“Wildland-Urban Fire Interface Area” shall also include all areas west of Interstate
280, and all other areas recommended as a “Very High Fire Hazard Severity Zone”
by the Director of the California Department of Forestry.
16.06.160 Table 301.2(1) Climatic and Geographic Design Criteria: Section Table 301.2(1)
of the California Residential Code is added to read:
TABLE R301.2(1)
CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA
GROUND
SNOW LOAD
WIND DESIGN SEISMIC
DESIGN
CATEGORY
SUBJECT TO DAMAGE FROM
Speed
(mph)
Topographic
effects
Weathering Frost
line
depth
Termite
0 110 No D0 thru E Negligible 5” Very High
WINTER
DESIGN
TEMP.
(OF)
ICE BARRIER
UNDERLAYEMENT
REQUIRED
FLOOD
HAZARDS
AIR
FREEZING
INDEX
MEAN
ANNUAL
TEMP.
(OF)
40 No See
Footnotes
p thru r
0 55
p The City of Palo Alto entered National Flood Insurance Program in 1979.
q The effective date of the current Flood Insurance Study and Flood Insurance Rate Map is May 18, 2009.
r The panel numbers and dates of all currently effective FIRMs and FBFMs: 06085CIND0A, 06085C0010H,
06085C0015H through 06085C0019H, 06085C0030H, 06085C0036H , 06085C0038H , 06085C0180H ,
06085C0185H ( May 18, 2009 for all)
16.06.165 Section R310 Emergency escape and rescue openings: Section R310 of the
California Residential Code is amended to read:
R310.1 Emergency escape and rescue opening required. Basements, habitable attics
and every sleeping room shall have not less than one operable emergency escape and
rescue opening. Where basements contain one or more sleeping rooms, an emergency
escape and rescue opening shall be required in each sleeping room. Emergency escape
6
2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
and rescue openings shall open directly into a public way, or to a yard or court that
opens to a public way.
Exceptions:
1. Storm shelters and basements used only to house mechanical equipment
not exceeding a total floor area of 200 square feet ( 18.58 m2)
16.06.170 Section R310.2.3.3 Window well fall protection: Section R310.2.3.3 of the
California Residential Code is added to read:
R310.2.3.3 Window well fall protection. Window wells with a vertical depth greater
than 30 inches shall have guards on all sides. The guards shall be provided in accordance
with Section R312.1. Openings shall comply with Section R312.1.3. Access ladder shall
comply with Section R310.2.3.1 and shall extend from the bottom of the well to the top
of the guard.
16.06.180 Section R310.4.1 Security bars: Section R310.4.1 of the California Residential
Code is added to read:
R310.4.1 Security bars. Fire Department plan check review and approval of all security
bar submittals shall be required prior to the issuance of a Building Permit.
16.06.190 Section R313.2 One- and two-family dwellings automatic fire sprinkler
systems. Section R313.2 of the California Residential Code is amended to read:
R313.2 One- and two-family dwellings automatic fire sprinkler systems. Approved
automatic sprinkler systems in new buildings and structures and in existing
modified buildings and structures, shall be provided in the locations described in
this section. Automatic fire sprinklers shall be installed per the requirements set
forth in Sections 903.2.1 through 903.2.18 of the California Building Code and as
follows, whichever is the more restrictive:
1. An automatic sprinkler system shall be provided throughout all new
buildings and structures.
Exception: New residential occupancies, buildings or structures
that do not exceed 350 square feet of building area.
2. An automatic sprinkler system shall be provided for all existing buildings
or structures where modifications have been determined by the Building
Official to trigger requirements for seismic retrofit.
3. An automatic sprinkler system shall be provided throughout all existing
buildings when modifications are made that create an increase in fire area
7
2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
to more than 3600 square feet or when the addition is equal or greater
than 50% of the existing building square footage whichever is more
restrictive.
4. An automatic sprinkler system shall be provided throughout all new
basements regardless of size and throughout existing basements that are
expanded by more than 50% or is conditioned for use. If the addition is
only the basement, then only the basement is required to be fire sprinkler
protection.
5. An automatic sprinkler system shall be installed throughout when either
the roof structure and/or exterior wall structure have been removed
and/or replaced by at least 50% of the existing structure.
6. An automatic sprinkler system shall be installed throughout when any
change in use or occupancy creating a more hazardous fire/life safety
condition, as determined by the Fire Chief.
16.04.193 Section R313.1.1 – Design and installation.
Section R313.1.1 of the California Residential Code is amended to read as follows:
R313.1.1 Design and installation. Where allowed, automatic sprinkler systems
installed in townhouses shall be installed throughout in accordance with NFPA
13D and State and local standards.
16.04.195 Section R313.2.1 – Design and installation.
Section R313.2.1 of the California Residential Code is amended to read as follows:
R313.2.1 Design and installation. R313.2.1 Design and installation. Where
allowed, automatic sprinkler systems installed in one-and two-family detached
dwellings shall be installed throughout in accordance with NFPA 13D and Stat
and local standards.
16.06.200 Section R314.1– Smoke detection and notification.
Section R314.1 of the California Residential Code is amended to read:
R314.1 Smoke detection and notification. Listed single- and multiple-station
smoke alarms complying with UL 217 shall be installed in accordance with the
California Fire Code Sections 907.2.11.1 through 907.2.11.5 and manufacturer’s
installation and use instructions.
Smoke alarms and smoke detectors shall be in compliance with this code or
subject to the provisions of the Health and Safety Code, they shall also be listed
and approved for rapid response to smoldering synthetic materials. All smoke
8
2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
alarms or detectors shall be of the photoelectric type or shall have equivalent
detection capabilities in compliance with UL 217.
Exception: A combination photoelectric/ionization smoke alarm or
detector may be used if located no closer than 20 feet to a kitchen,
bathroom, fireplace or woodburning stove.
16.06.205 Section R319.1 Address numbers.
The following subsections are added to Section R319.1 of the California Residential Code:
R319.1.1 Address illumination. Address identification required by Section R319.1
shall be illuminated.
R319.1.2 Address identification size. Address numbers and letters shall be sized
as follows:
1. When the structure is between thirty-six (36) and fifty (50) feet from the
road or other emergency means of access, a minimum of one-half inch
(0.5”) stroke by six inches (6”) high is required.
2. When the structure is fifty (50) or more feet from the road or other
emergency means of access, a minimum of one inch (1”) stroke by nine
inches (9”) high is required.
16.06.210 Section R322.1 – General.
The following paragraph is added to Section R322.1 of the California Residential Code:
Palo Alto Flood Hazard Regulations. Notwithstanding the provisions of this
section, all construction or development within a flood hazard area (areas
depicted as a Special Flood Hazard Area on Flood Insurance Rate Maps published
by the Federal Emergency Management Agency) shall comply with the City of Palo
Alto Flood Hazard Regulations (Palo Alto Municipal Code Chapter 16.52). Where
discrepancies exist between the requirements of this code and said regulations,
the provisions of said regulations shall apply.
16.06.220 Section R337.1.5 Vegetation management compliance. Section
R337.1.5 of the California Residential Code is amended to read:
R337.1.5 Vegetation management compliance. Prior to building permit final approval,
the property shall be in compliance with the vegetation management requirements
prescribed in California Fire Code section 4906, including California Public Resources
Code 4291 or California Government Code Section 51182. Acceptable methods of
compliance inspection and documentation shall be determined by the enforcing agency
and may include any of the following:
1. Local, state, or federal fire authority or designee authorized to enforce vegetation
management requirements.
9
2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
2. Enforcing agency - City of Palo Alto Fire Inspection shall inspect the aforementioned
requirements and indicate compliance prior to building division final inspection sign-
off.
3. Third party inspection and certification authorized to enforce vegetation
management requirements.
4. Property owner certification authorized by the enforcing agency.
16.06.230 Section R403.1.3 Footing and stem wall reinforcing in Seismic Design
Categories D0, D1, and D2. Section R403.1.3 of the California Residential Code is amended to
read:
R403.1.3 Footing and stem wall reinforcing in Seismic Design Categories D0, D1, and D2.
Concrete footings located in Seismic Design Categories D0, D1 and D2, as established in
Table R301.2(1), shall have not fewer than three No. 4 horizontal bars. One No. 4
horizontal bar shall be installed within 12 inches (305 mm) of the top of the stem wall
and two No. 4 horizontal bars shall be located 3 to 4 inches (76 mm to 102 mm) from
the bottom of the footing.
R403.1.3.1 Concrete stem walls with concrete footings. In Seismic Design Categories
D0, D1 and D2 where a construction joint is created between a concrete footing and a
stem wall, not fewer than one No. 4 vertical bar shall be installed at not more than 4
feet (1219 mm) on center. The vertical bar shall have a standard hook and extend to the
bottom of the footing and shall have support and cover as specified in Section
R403.1.3.5.3 and extend not less than 14 inches (357 mm) into the stem wall. Standard
hooks shall comply with Section R608.5.4.5. Not fewer than one No. 4 horizontal bar
shall be installed within 12 inches (305 mm)of the top of the stem wall an two No. 4
horizontal bars shall be located 3 to 4 inhces (76 mm to 102 mm) from the bottom of
the footing.
R403.1.3.2 Masonry stem walls with concrete footings. In Seismic Design Categories D0,
D1 and D2 where a grouted masonry stem wall is supported on a concrete footing, not
fewer than one No. 4 vertical bar shall be installed at not more than 4 feet (1219 mm)
on center. The vertical bar shall have a standard hook and extend to the bottom of the
footing and have support and cover as specified in Section R403.1.3.5.3 and extend not
less than 14 inches (357 mm) into the stem wall. Standard hooks shall comply with
Section R608.5.4.5. Not fewer than one No. 4 horizontal bar shall be installed within 12
inches (305 mm) of the top of the wall and two No. 4 horizontal bars shall be located 3
to 4 inches (76 mm to 102 mm) from the bottom of the footing. Masonry stem walls
shall be solid grouted.
In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and
vertical reinforcing are not permitted.
16.06.240 Section R403.1.8 – Foundations on expansive soils.
Section R403.1.8 of the California Residential Code is amended to read:
10
2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
R403.1.8 Foundations on expansive soils. Foundations and floor slabs for
buildings located on expansive soils shall be designed in accordance with Section
1808.6 or Table 1809.7 of the California Building Code.
Table 1809.7 of the California Building Code is added and amended to read:
TABLE 1809.7
Prescriptive Footings Supporting Walls of Light-Frame Constructionabcd
Number of
Floors
Supported
by the
Footing e
Thickness of
Foundation
Wall
(inches)
Width of
Footing
(inches)
Thickness of
Footing
(inches)
Depth of
Foundation
Below
Natural
Surface of
Ground or
Finish
Grade
(inches)
1&2 8 15 8 20
3 8 18 8 30
Group U
Occupancies
8 12 8 12
ADU
Conversionsf 8 12 8 12
a) The ground under the floor shall be permitted to be excavated to the
elevation of the top of the footing.
b) Interior stud-bearing walls shall be permitted to be supported by
isolated footings. The footing width and length shall be twice the width
shown in this table, and footings shall be spaced not more than 6 feet
on center.
c) See Section 1905 of California Building Code for additional
requirements for concrete footings of structures assigned to Seismic
Design Category C, D, E or F.
d) All foundations as required in the above Table shall be continuous and
have a minimum of three #4 bars of reinforcing steel, except for one
story, detached accessory buildings of Group U occupancy where two
bars are required.
e) Footings shall be permitted to support a roof in addition to the
stipulated number of floors. Footings supporting roof only shall be as
required for supporting one floor.
f) If the existing detached accessory building is being converted to an
Accessory Dwelling Unit (ADU) and the existing foundation is being utilized,
then a designer, architect or engineer shall provide a letter that the
existing foundation complies with the conditions above and is deemed
structurally sound.
11
2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
16.06.245 Section R504.3.1 Projections exposed to weather.
Section R504.3.1 of the California Residential Code is added to read:
R504.3.1 Projections exposed to weather. Floor projections exposed to the weather and
sealed underneath, including but not limited to balconies, landings, decks, and stairs shall be
constructed of naturally durable wood, preservative-treated wood, corrosion-resistant (e.g.
galvanized) steel, or similar approved materials.
16.06.247 Section R602.10.4.5 Limits on methods GB and PCP. Section R602.10.4.5 of the
California Residential Code is added to read:
R602.10.4.5 Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and D2,
Method GB is not permitted for use as an intermittent braced wall panels, but gypsum
board is permitted to be installed when required by this Section to be placed on the
opposite side of the studs form other types of braced wall panel sheathing. In Seismic
Design Categories D0, D1, and D2, the use of Method PCP is limited to one-story single
family dwelling and accessory structures.
16.06.250 Table R602.10.3(3) – Bracing requirements based on seismic design category.
Footnote e to Table R602.10.3(3) is amended to read as follows:
g. In Seismic Design Categories D0, D1 and D2, Method GB is not permitted and PCP is limited
to one-story dwellings and accessory structures.
16.06.253 Section R703.8.5.1 Locations.
Section R703.8.5.1 of the California Residential Code is added to read:
R703.8.5.1 Locations. Flashing shall be installed at wall and roof intersections, gutters,
wherever there is a change in roof slope or direction, and around roof openings. Where
flashing is of metal, the metal shall be corrosion resistant with a thickness of not less than
0.019 inches (0.483 mm) (e.g. no. 26 galvanized sheet) and shall be primed and painted.
16.06.255 Section R806.6 Ventilation of weather-exposed enclosed assemblies.
Section R806.6 of the California Residential Code is added to read:
R806.6 Ventilation of weather-exposed enclosed assemblies. Exterior projecting elements
and appurtenances exposed to the weather and sealed underneath, including but not
limited to balconies, landings, decks, and stairs, shall have cross ventilation for each
separate enclosed space by ventilation openings protected against the entrance of rain and
snow. Blocking and bridging shall be arranged so as not to interfere with the movement of
air. The net free ventilating area shall not be less than 1/150th of the area of the space
ventilated. Ventilation openings shall comply with Section R806.1 . An access panel of
sufficient size shall be provided on the underside of the enclosed space to allow for
periodic inspection.
Exceptions:
1. An access panel is not required where the exterior coverings applied to the
underside of joists are easily removable using only common tools.
12
2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
2. Removable soffit vents 4 inches minimum in width can be used to satisfy both
ventilation and access panel requirements.
16.06.260 Section R902.1.4 – Roofing requirements in a Wildland-Urban Interface Fire Area.
Section R902.1.4 of the California Residential Code is amended to read:
R902.1.4 Roofing requirements in a Wild Land-Urban Interface Fire Area. The
entire roof covering on new structures and existing structures on which more than
50 percent of the total roof area is replaced within any one-year period, and any
roof covering applied in the alteration, repair or replacement of roofs on existing
structures, shall be a fire-retardant roof covering that is at least Class A. Roofing
requirements for structures located in a Wildland-Urban Interface Fire Area shall
also comply with Section R337.5.
16.06.270 Section R1003.9.2.1 – Repairs, replacements and alterations.
Section R1003.9.2.1 is added to the California Residential Code to read:
R1003.9.2.1 Repairs, replacements and alterations. When any repair, replacement
or alteration to the roof of an existing structure is performed, a spark arrester shall
be installed on the existing chimney in accordance with Section R1003.9.2.
16.06.280 Section AJ103 – Preliminary Meeting. Section AJ103 of Appendix J of the
California Residential Code is amended to read:
Section AJ103.1 General. If a building permit is required at the request of the prospective
permit applicant, the building official or his or her designee may meet with the
prospective applicant to discuss plans for any proposed work under these provisions prior
to the application for the permit. The purpose of this preliminary meeting is for the
building official to gain an understanding of the prospective applicant’s intentions for the
proposed work, and to determine, together with the prospective applicant, the specific
applicability of these provisions.
SECTION 2. The Council adopts the findings for local amendments to the California
Residential Code, 2013 Edition, attached hereto as Exhibit “A” and incorporated herein by
reference.
SECTION 3. The Council finds that this project is exempt from the provisions of the
California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA
Guidelines, because it can be seen with certainty that there is no possibility that the amendments
herein adopted will have a significant effect on the environment.
//
//
13
2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
SECTION 4. This ordinance shall be effective on the thirty-first day after the date of
its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABS
TENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Senior Deputy City Attorney City Manager
Director of Planning &
Development Services
Director of Administrative Services
14
2019 Code Cycle ORD Amending Ch. 16.06 Residential Code
Exhibit A
FINDINGS FOR LOCAL AMENDMENTS
TO CALIFORNIA RESIDENTIAL CODE (CRC)
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.
Code: CRC
Section Title Add Deleted Amended Justification
(See below for
keys)
R101.1 Title T
R105.5 Expiration T
R 202 Definition (Dual Sensor Carbon
Monoxide and Smoke Alarm)
T
Table R301.2(1) Climatic and Geographic Design
Criteria
C, G, T
R310 Emergency Escape and Rescue
Openings
C, T
R310.2.3.3 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
R313.3.1.1 Required sprinkler locations T
R 314.1 Smoke Detection and Notification C, T
R 319.1 Address Identification T
R 322.1 Flood Hazard Regulations T
R 327.1.5 Vegetation Management
Compliance
T
R403.1.3 Footing and stem wall reinforcing in
Seismic Design Categories D0, D1,
and D2
G
R 403.1.8 Foundation on expansive Soils G, T
R 504.3.1 Projections exposed to weather G, T
R602.10.4.5 Limits on methods GB and PCP G
Table R602.10.3(3) Bracing Requirements Based on
Seismic Design Category
G
R 703.8.5.1 Flashing Locations T
R 806.6 Ventilation of Weather-Exposed,
Enclosed Assemblies
G, T
R902.1.4 Roofing Requirements in Wildland-
Urban Interface Fire Area
T
R1003.9.2.1 Repairs, Replacements and
Alterations
T
Appendix H Patio Covers C
Appendix J Existing Building and Structures C, T
Appendix K Sound Transmission C
Appendix V Swimming Pool Safety Act C, G
AJ103, AJ103.1 Preliminary Meeting, General C, G
Key to Justification for Amendments to Title 24 of the California Code of Regulations
C This amendment is justified on the basis of a local climatic condition. The seasonal climatic
conditions during the late summer and fall create severe fire hazards to the public health
and welfare in the City. The hot, dry weather frequently results in wild land fires on the
brush covered slopes west of Interstate 280. The aforementioned conditions combined
with the geological characteristics of the hills within the City create hazardous conditions
for which departure from California Building Standards Code is required.
G This amendment is justified on the basis of a local geological condition. The City of Palo
Alto is subject to earthquake hazard caused by its proximity to San Andreas fault. This
fault runs from Hollister, through the Santa Cruz Mountains, epicenter of the 1989 Loma
Prieta earthquake, then on up the San Francisco Peninsula, then offshore at Daly City near
Mussel Rock. This is the approximate location of the epicenter of the 1906 San Francisco
earthquake. The other fault is Hayward Fault. This fault is about 74 mi long, situated
mainly along the western base of the hills on the east side of San Francisco Bay. Both of
these faults are considered major Northern California earthquake faults which may
experience rupture at any time. Thus, because the City is within a seismic area which
includes these earthquake faults, the modifications and changes cited herein are designed
to better limit property damage as a result of seismic activity and to establish criteria for
repair of damaged properties following a local emergency.
T The City of Palo Alto topography includes hillsides with narrow and winding access, which
makes timely response by fire suppression 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.
1
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
Ordinance No.
Ordinance of the Council of the City of Palo Alto Amending and
Restating Chapter 16.14 of the Palo Alto Municipal Code, California
Green Building Standards Code 2019 Edition, and Local Amendments
and Related Findings, and Amending Section 16.12.035 of Chapter
16.12 to Make Conforming Changes
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Title 16 of the Palo Alto Municipal Code is hereby amended by repealing in its entirety
Chapter 16.14 and adopting a new Chapter 16.14 to read as follows:
16.14.010 2019 California Green Building Standards Code adopted.
The California Green Building Standards Code, 2019 Edition, Title 24, Part 11 of the California Code
of Regulations, together with those omissions, amendments, exceptions and additions thereto, is
adopted and hereby incorporated in this Chapter by reference and made a part hereof the same
as if fully set forth herein.
Unless superseded and expressly repealed, references in City of Palo Alto forms, documents and
regulations to the chapters and sections of the former California Code of Regulations, Title 24, shall
be construed to apply to the corresponding provisions contained within the California Code of
Regulations, Title 24, 2019. Ordinance No. 5481 of the City of Palo Alto and all other ordinances or
parts of ordinances in conflict herewith are hereby suspended and expressly repealed.
Wherever the phrases “California Green Building Standards Code” or “CALGreen” are used in this
code or any ordinance of the City, such phrases shall be deemed and construed to refer and apply
to the California Green Building Standards Code, 2019 Edition, as adopted and amended by this
chapter.
One copy of the California Green Building Standards Code, 2019 Edition, has been filed for use and
examination of the public in the Office of the Building Official of the City of Palo Alto.
16.14.20 2019 California Green Building Standards Code Appendix Chapters adopted.
The following Appendix Chapters of the California Green Building Standards Code, 2019 Edition,
are adopted and hereby incorporated in this Chapter by reference and made a part hereof the
same as if fully set forth herein:
A. Appendix A4 - Residential Voluntary Measures (Tier 1 and Tier 2)
B. Appendix A5 - Non-residential Voluntary Measures (Tier 1 and Tier 2)
2
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
16.14.030 Cross-References to California Green Building Standards Code.
The provisions of this Chapter contain cross-references to the provisions of the California Green
Building Standards Code, 2019 Edition, in order to facilitate reference and comparison to those
provisions.
16.14.040 Violations – Penalties.
It is unlawful for any person to violate any provision or to fail to comply with any of the
requirements of this Chapter or any permits, conditions, or variances granted under this Chapter.
Violators shall be subject to any penalty or penalties authorized by law, including but not limited
to: administrative enforcement pursuant to Chapters 1.12 and 1.16 of the Palo Alto Municipal
Code; and criminal enforcement pursuant to Chapter 1.08 of the Palo Alto Municipal Code. Each
separate day or any portion thereof during which any violation of this Chapter occurs or
continues shall be deemed to constitute a separate offense.
When the chief building official determines that a violation of this Chapter has occurred, the
chief building official may record a notice of pendency of code violation with the Office of the
County Recorder stating the address and owner of the property involved. When the violation has
been corrected, the chief building official shall issue and record a release of the notice of
pendency of code violation.
16.14.050 Enforcement -- Criminal Enforcement Authority.
The employee positions designated in this section are authorized to exercise the authority
provided in California Penal Code section 836.5 for violations of this Chapter. The designated
employee positions are: (1) chief building official, (2) assistant chief building official, (3) building
inspection manager, and (4) code enforcement officer.
16.14.060 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced
provisions of the California Green Building Standards Code, 2019 Edition, and shall be deemed to
replace the cross-referenced sections of said Code with the respective provisions set forth in this
Chapter.
16.14.070 Section 202 amended – Definitions added.
Section 202 of the California Green Building Standards Code is amended to include the following
definitions:
3
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
CPAU: The City of Palo Alto Utilities Department.
CALGREEN MANDATORY: CALGreen mandatory requirements are triggered for projects
outlined in Section 301.1 Scope of the code, as amended. Projects that trigger only
CALGreen mandatory measures are not required to fulfill CALGreen Tier 1 or Tier 2 as
listed in Appendix A4 and A5.
CALGREEN “TIER 1”: To achieve Tier 1 status, a project must comply with the
requirements identified in Appendix A4, section A4.601.4 for residential projects and
Appendix A5, section A5.601.2 for non-residential projects. The local adaptations to
these appendices are identified in this ordinance. Projects subject to Tier 1 must fulfill
CALGreen mandatory measures and CALGreen Tier 1 prerequisite measures. Tier 1
projects must also select the minimum amount of CALGreen elective measures required
for Tier 1.
CALGREEN “TIER 2”: To achieve Tier 2 status, a project must comply with the
requirements identified in Appendix A4, section A4.601.5 for residential projects and
Appendix A5, section A5.601.3 for non-residential projects. The local adaptations to
these appendices are identified in this ordinance. Projects subject to Tier 2 must fulfill
CALGreen mandatory measures and CALGreen Tier 2 prerequisite measures. Tier 2
projects must also select the minimum amount of CALGreen elective measures required
for Tier 2.
CALGREEN “TIER 1” AND “TIER 2” PREREQUISITE MEASURES: Projects subject to
CALGreen Tier 1 or Tier 2 must fulfill the minimum prerequisites as described within
Appendix A4, section A4.6 for residential projects and Appendix A5, section A5.6 for
non-residential Projects, and local amendments within this ordinance. Tier 1 and Tier 2
prerequisite and elective measures are generally preceded by an “A”.
CALGREEN “TIER 1” AND “TIER 2” ELECTIVE MEASURES: Projects subject to CALGreen
Tier 1 or Tier 2 must fulfill the minimum number of electives as described within
Appendix A4, section A4.6 for residential projects and Appendix A5, section A5.6 for
non-residential Projects, and local amendments within this ordinance. Tier 1 and Tier 2
prerequisite and elective measures are generally preceded by an “A”.
CALGREEN INSPECTOR: An individual certified through the International Code Council
(ICC) CALGreen Inspector/Plans Examiner Certification for demonstrating knowledge
and application of Green Building concepts during plan review and inspection. For
projects that require a CALGreen Inspector/Plans Examiner verification, the Inspector
must be contracted directly with the owner and may not be a contractor or employee of
the design or construction firm.
4
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
MODEL WATER EFFICIENT LANDSCAPE ORDINANCE. The California Department of
Water Resources Model Water Efficient Landscape Ordinance.
PROCESS WATER. Process water means untreated wastewater, uncontaminated by
toilet discharge or an unhealthy bodily waste, which is not a threat from unhealthful
processing, manufacturing or operating wastes.
SALVAGE. Salvage means the controlled removal of items and material from a building,
construction, or demolition site for the purpose of on- or off-site reuse, or storage for
later reuse. Examples include air conditioning and heating systems, columns,
balustrades, fountains, gazebos, molding, mantels, pavers, planters, quoins, stair treads,
trim, wall caps, bath tubs, bricks, cabinetry, carpet, doors, ceiling fans, lighting fixtures,
electrical panel boxes, fencing, fireplaces, flooring materials of wood, marble, stone or
tile, furnaces, plate glass, wall mirrors, door knobs, door brackets, door hinges, marble,
iron work, metal balconies, structural steel, plumbing fixtures, refrigerators, rock,
roofing materials, siding materials, sinks, stairs, stone, stoves, toilets, windows, wood
fencing, lumber and plywood.
SQUARE FOOTAGE. For application of green building requirements, square footage
means all new square footage, including basement areas (7 feet or greater in height).
16.14.080 Section 301 amended – voluntary tiers added.
Section 301 of the California Green Building Standards Code is amended to read:
SECTION 301
GENERAL
301.1 Scope. Buildings shall be designed to include the green building measures
specified as mandatory in the application checklists contained in this code and any
applicable local amendments. In addition, the City requires the use of Voluntary Tiers, as
provided in Appendices A4 and A5, for certain residential and non-residential new
construction, additions, and alterations.
301.1.1 Residential additions and alterations. [HCD] The mandatory provisions of
Chapter 4 shall be applied to additions and/or alterations of existing residential
buildings where the addition and/or alteration increases the building's conditioned area,
volume, or size. The requirements shall apply only to and/or within the specific area of
the addition or alteration.
5
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
Tier 1 adopted (Residential). All residential building additions and/or alterations
exceeding 1000 square feet must meet CALGREEN MANDATORY plus the Tier 1
requirements, as amended by this Chapter and as applicable to the scope of work.
For Tier 1 projects, the area of alterations will include any construction or renovation to
an existing structure other than repair or addition. Alterations include remodeling,
reconstruction, historic restoration, changes or rearrangements of the structural parts
or elements, and changes or rearrangement in the plan configuration of walls and full
height partitions. Normal maintenance, reroofing, painting or wall papering, floor
finishes, or replacement-in-kind of mechanical, plumbing and electrical systems are not
alterations for the purposes of establishing scope of Tier 1 projects. The area of
alteration should be limited to the footprint of the component(s) being altered. This
does not exclude mandatory CALGreen requirements.
Exception: Attached and detached Accessory Dwelling Units, ADU conversions
of existing structures shall meet the California Green Building Standards Code
Mandatory requirements only.
301.2 Low-rise and high-rise residential buildings. [HCD] The provisions of individual
sections of CALGreen may apply to either low-rise residential buildings, high-rise
residential buildings, or both. Individual sections will be designated by banners to
indicate where the section applies specifically to low-rise only (LR) or high-rise only (HR).
When the section applies to both low-rise and high-rise buildings, no banner will be
used.
301.3 Non-residential additions and alterations. [BSC] The provisions of individual
sections of Chapter 5 apply to building non-residential additions of 1,000 square feet or
greater, and/or building alterations with a permit valuation of $200,000 or above (for
occupancies within the authority of California Building Standards Commission). Code
sections relevant to additions and alterations shall only apply to the portions of the
building being added or altered within the scope of the permitted work.
A code section will be designated by a banner to indicate where the code section only
applies to newly constructed buildings [N] or to additions and alterations [A]. When the
code section applies to both, no banner will be used.
Tier 1 adopted. Non-residential alterations (including tenant improvements or
renovations) of 5,000 square feet that include replacement of at least two of the
following: HVAC system, building envelope, hot water system, or lighting system, must
6
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
comply with CALGREEN MANDATORY plus Tier 1 requirements, as amended by this
Chapter and as applicable to the scope of work.
Tier 2 adopted. Non-residential additions of 1000 square feet or greater must comply
with CALGREEN MANDATORY plus Tier 2 requirements, as amended by this Chapter and
as applicable to the scope of work.
301.1.2 Residential new construction – Tier 2 adopted. All newly constructed
Residential Buildings must meet CALGREEN MANDATORY plus Tier 2 requirements, as
amended by this Chapter and as applicable to the scope of work.
301.1.3 Exception: Free standing detached Accessory Dwelling Units of new construction
shall meet the following:
California Green Building Standards Code Mandatory plus Tier 2 prerequisite requiremnts.
No Planning and Design electives.
Two (2) Water Efficiency and Conservation electives.
Two (2) Material Conservation and Resource Efficiency electives.
301.1.4301.1.2 One (1) Environmental Quality elective.
301.1.3 Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). Attached
and detached Accessory Dwelling Units, ADU conversions of existing structures that increases the
building’s conditioned area and are less than 1,000 square feet shall meet the California Green
Building Standards Code (CALGreen) Mandatory requirements only. ADU additions to existing
residential buildings less than 1,000 square feet shall meet the CALGreen Mandatory requirements
only. Junior Accessory Dwelling Units (JADUs) that increase the volume of the building’s
conditioned space shall meet the CALGreen Mandatory requirements only.
Tier 2 adopted. Free standing detached Accessory Dwelling Units of new
construction shall meet the following:
1. California Green Building Standards Code (CALGreen)
Mandatory plus Tier 2 prerequisite requirements.
2. No Planning and Design electives.
3. Two (2) Water Efficiency and Conservation electives.
4. Two (2) Material Conservation and Resource Efficiency electives.
5. One (1) Environmental Quality elective.
301.3.3 Non-residential new construction – Tier 2 adopted. All new non-residential
construction must meet CALGREEN MANDATORY plus Tier 2 requirements, as amended
by this Chapter and as applicable to the scope of work.
301.6 Special Inspector Requirements. Residential and non-residential project owners
subject to CALGREEN MANDATORY plus Tier 1 or Tier 2 requirements shall contract a
7
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
Special Inspector in accordance with section 702.2 of CALGreen, as amended.
16.14.090 Section 702.2 Special Inspection.
Section 702.2 of the California Green Building Standards Code is amended to read:
702.2 Special Inspection. When required by the enforcing agency, the owner or
responsible entity acting as the owner’s agent shall employ one or more Special
Inspectors to provide inspection or other duties necessary to substantiate compliance
with this code. Special Inspectors shall demonstrate competence to the satisfaction of
the enforcing agency for the particular type of inspection or task to be performed. In
addition to other certifications or qualifications acceptable to the enforcing agency, the
following certifications or education may be considered by the enforcing agency when
evaluating the qualifications of a Special Inspector. The City shall maintain a list of pre-
8
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
approved Special Inspectors in accordance with this section. The owner shall contract a
Special Inspector from the pre-approved list meeting one of the following;
1) Certification by a national or regional green building program:
ICC Certified CALGreen Inspector/Plans Examiner: Contract a CALGreen
Inspector to provide third-party verification of compliance prior to Permit
Issuance and prior to Final Inspection.
2) Other programs acceptable to the enforcing agency.
When required by the enforcing agency, the owner or responsible entity acting as the
owner’s agent shall employ one or more Special Inspectors to provide inspection or
other duties necessary to substantiate compliance with this code. Special Inspectors
shall demonstrate competence to the satisfaction of the enforcing agency for the
particular type of inspection or task to be performed. In addition, the Special Inspector
shall have a certification from a recognized state, national or international association,
as determined by the local agency. The city shall maintain a list of pre-approved Special
Inspectors in accordance with this section.
Note: Special Inspectors shall be independent entities with no financial interest
in the materials or the project they are inspecting for compliance with this code.
16.14.100 Reserved.
16.14.110 Residential Projects. Chapter 4 Preface: Green building requirements for
project type and scope.
A preface is added to Chapter 4 of the California Green Building Standards Code to read:
Preface - Green Building Requirements for Project Type and Scope. For design and
construction of residential projects, the City of Palo Alto requires compliance with the
mandatory measures of Chapter 4, in addition to use of Tier 1 and Tier 2 as specified in
Palo Alto Municipal Code Chapter 16.14. See Section 202 for definitions on CALGREEN
MANDATORY, Tier 1 prerequisites and electives, and Tier 2 prerequisites and electives.
All elective measures are adopted as written under Appendix A4 unless otherwise
indicated in this Section.
16.14.120 Section A4.104 Site Preservation.
Section A4.104.1 is adopted as a Tier 1 and Tier 2 elective and is amended to read:
9
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
A4.104.1 Supervision and Education by a Special Inspector. Individuals with oversight
authority on the project, as defined in section 16.14.090 of this code, who have been
trained in areas related to environmentally friendly development, shall teach green
concepts to other members of the builder’s staff and ensure training and written
instruction has been provided to all parties associated with the development of the
project. Prior to the beginning of the construction activities, the builder shall receive a
written guideline and instruction specifying the green goals of the project.
Note: Lack of adequate supervision and dissemination of the project goals can
result in negative effects on green building projects. If the theme of green
building is not carried through the project, the overall benefit can be
substantially reduced by the lack of knowledge and information provided to the
various entities involved with the construction of the project.
16.14.130 Section A4.105 Deconstruction and Reuse of Existing Materials.
Section A4.105.1 Section A4.105.1 is adopted as an elective measure effective through June
30, 2020. Starting July 1, 2020 per Chapter 5.24 of Title 5 of the Municipal Code, Section
A4.105.1 is not adopted as an elective measure. See Chapter 5.24 of the Municipal Code for the
local deconstruction requirements.
Section A4.105.2 is adopted as a Tier 1 and Tier 2 elective measure.
A4.105.2 Reuse of materials. Nonhazardous materials which can be easily reused include but
are not limited to the following:
1. Light fixtures
2. Plumbing fixtures
3. Doors and trim
4. Masonry
5. Electrical devices
6. Appliances
7. Foundations or portions of foundations
Note: Reused material must be in compliance with the appropriate Title 24
requirements.
10
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
16.14.140 Reserved.Section A4.106.5 Cool roof for reduction of heat island effect.
Section A4.106.5 is not adopted as a Tier 1 prerequisite. Section A4.106.5 is adopted as a Tier 1 elective.
16.14.150 Section A4.106.8 Electric Vehicle (EV) Charging for New Construction.
Section A4.106.8 is not adopted as a Tier 1 and Tier 2 elective measure. Projects must comply
with the mandatory electric vehicle supply equipment (EVSE) requirements stated in Section
A4.106.8, as amended.
16.14.160 Section A4.106.9 Bicycle Parking.
Section A4.106.9 is not adopted as a Tier 1 and Tier 2 elective measure. Projects must comply
with the bicycle parking requirements in the Palo Alto Municipal Code.
16.14.170 Section A4.106.10 Light Pollution Reduction.
Section A4.106.10 is adopted as a Tier 1 and Tier 2 elective measure for all covered projects and
is amended to read:
A4.106.10 Light pollution reduction. Outdoor lighting systems shall be designed and
installed to comply with the following:
1. The minimum requirements in the California Energy Code for Lighting
Zones 1-4 as defined in Chapter 10 of the California Administrative Code;
and
2. Backlight, Uplight and Glare (BUG) ratings as defined in IES TM-15-11;
and
3. Allowable BUG ratings not exceeding those shown in Table A4.106.10; or
4. Comply with a local ordinance lawfully enacted pursuant to Section 101.7
of this code, whichever is more stringent.
Projects may use an approved equal reference standard for light fixtures where
BUG ratings are unavailable.
Exceptions:
1. Luminaires that qualify as exceptions to the California Energy Code.
2. Emergency lighting.
3. One- and two-family dwellings.
Note: The International Dark-Sky Association (IDA) and the Illuminating
11
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
Engineering Society of North America (IESNA) have developed a Model Lighting
12
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
Ordinance (MLO). The MLO was designed to help municipalities develop outdoor
lighting standards that reduce glare, light trespass, and skyglow. The model
ordinance and user guides for the ordinance may be accessed at the
International Dark-Sky Association web site.
16.14.180 Section A4.203.1 Performance Approach for Newly Constructed Buildings.
Sections A4.203.1 is not adopted as a Tier 1 and Tier 2 elective measure. Projects shall comply
with Chapter 16.17 of the Palo Alto Municipal Code (Energy Reach Code).
16.14.190 Reserved.
16.14.200 Reserved.
16.14.210 Reserved.
16.14.220 Section A4.304.3 Irrigation Metering Device.
Section A4.304.3 is adopted as a Tier 1 and Tier 2 elective measure and is amended to read:
A4.304.3 Irrigation Metering Device. Dedicated irrigation meters from CPAU are to
be installed in all new construction and rehabilitated landscapes when the landscape
is greater than 1,000 square feet.
16.14.230 Section A4.305 Water Reuse Systems.
Sections A4.305.1, A4.305.2, and A4.305.3 are adopted as Tier 1 and Tier 2 elective measures,
and are amended to read:
A4.305.1 Graywater. Alternative plumbing piping is installed to permit the discharge
from the clothes washer and other fixtures (except toilets and kitchen sinks) to be used
for an irrigation system in compliance with the California Plumbing Code. In the event
that the whole house graywater system is installed in compliance with the California
Plumbing Code, then this measure shall count as 3 electives.
A4.305.2 Recycled Water Piping. Based on projected availability, dual water piping is
installed for future use of recycled water at the following locations:
1. Interior piping for the use of recycled water is installed to serve all water closets,
urinals, and floor drains.
13
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
2. Exterior piping is installed to transport recycled water from the point of
connection to the structure. Recycled water systems shall be designed and
installed in accordance with the California Plumbing Code.
A4.305.3 Recycled water for landscape irrigation. Recycled water piping is used for
landscape irrigation.
Section A4.305.4 is added as Tier 1 and Tier 2 prerequisite and shall read as follows:
A4.305.4 Additions and alterations. All multifamily residential additions and alterations
must install recycled water infrastructure for irrigation when the landscape area
exceeds 1,000 square feet.
16.14.240 Section A4.403.1 Frost Protection Foundation Systems.
Sections A4.403.1 is not adopted as a Tier 1 and Tier 2 elective measure.
16.14.250 Section A4.403.2 Reduction in cement use.
Section A4.403.2 is not adopted as a Tier 1 and Tier 2 prerequisite. Section A4.403.2 is adopted
as a Tier 1 and Tier 2 elective measure and shall read as:
A4.403.2 Reduction in cement use. As allowed by the enforcing agency, cement used in
foundation mix design shall be reduced as follows:
Tier 1. Not less than a 20 percent reduction in cement.
Tier 2: Not less than a 25 percent reduction in cement.
Note: Products commonly used to replace cement in concrete mix designs
include, but are not limited to:
1. Fly ash
2. Slag
3. Silica fume
4. Rice hull ash
16.14.255 Section A4.405.3.1 Recycled content
Section A.4.405.3.1 is not adopted as a Tier 1 prerequisite. Section A4.405.3.1 is adopted as a Tier 1
elective.
14
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
16.14.260 Section A4.408.1 Enhanced Construction Waste Reduction.
Section A4.408.1 is adopted as mandatory and is amended to read:
15
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
A4.408.1 Enhanced Construction Waste Reduction. Nonhazardous construction and
demolition debris generated at the site is diverted to recycle or salvage in compliance
with the following:
Projects with a given valuation of $25,000 or more must have at least an 80-percent
reduction. Any mixed recyclables that are sent to mixed-waste recycling facilities shall
include a qualified third party verified facility average diversion rate. Verification of
diversion rates shall meet minimum certification eligibility guidelines, acceptable to the
local enforcing agency.
A4.408.1.1 Documentation. Documentation shall be provided to the enforcing
agency which demonstrates compliance with all construction and demolition
waste reduction requirements.
16.14.265 Section A4.504.1 Compliance with formaldehyde limits.
Section A4.504.1 is adopted as a Tier 1 and Tier 2 elective measure.
16.14.270 Section A4.504.3 Thermal insulation.
Section A4.504.3 is not adopted as a Tier 1 and Tier 2 prerequisite. Section A4.504.3 is adopted
as a Tier 1 and Tier 2 elective measure.
16.14.280 Non-Residential Projects: Chapter 5 Preface Green Building Requirements for
Project Type and Scope.
A Preface is added to Chapter 5 of the California Green Building Standards Code to read:
Preface – Green Building Requirements for Project Type and Scope. For design and
construction of non-residential projects, the City requires compliance with the
mandatory measures of Chapter 5, in addition to use of Tier 1 and Tier 2 as specified in
Palo Alto Municipal Code Chapter 16.14. See Section 202 for definitions on CALGREEN
MANDATORY, Tier 1 prerequisites and electives, and Tier 2 prerequisites and electives.
All elective measures are adopted as written under Appendix A5 unless otherwise
indicated in this Section.
16.14.290 Section 5.106.1.1 Local storm water pollution prevention.
Section 5.106.1.1 Local ordinance is amended to read:
16
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
5.106.1.1 Local ordinance. Newly constructed projects and additions shall comply with
additional storm water pollution prevention measures as applicable. (See Chapter 16.11,
Storm Water Pollution Prevention, of the Palo Alto Municipal Code.)
16.14.295 Section 5.106.8 Light pollution reduction
Section 5.106.8 Light pollution reduction is amended to read:
5.106.8 Light pollution reduction. Outdoor lighting systems shall be designed and
installed to comply with the following:
1. The minimum requirements in the California Energy Code for Lighting
Zones 0-4 as defined in Chapter 10, Section 10-114 of the California
Administrative Code; and
2. Backlight (B) ratings as defined in IES TM-15-11 (shown in Table A-1 in
Chapter 8);
3. Uplight and Glare ratings as defined in California Energy Code (shown in
Tables 130.2-A and 130.2-B in Chapter 8); and
4. Allowable BUG ratings not exceeding those shown in Table 5.106.8 [N]; or
5. Comply with a local ordinance lawfully enacted pursuant to Section
101.7, whichever is more stringent.
Projects may use an approved equal reference standard for light fixtures where
BUG ratings are unavailable.
Exceptions:
1. Luminaires that qualify as exceptions in Section 140.7 of the California
Energy Code.
2. Emergency lighting.
3. Building facade meeting the requirements in Table 140.7-B of the
California Energy Code, Part 6.
4. Custom lighting features as allowed by the local enforcing agency, as
permitted by Section 101.8 Alternate materials, designs and methods
of construction.
16.14.300 Section 5.305.1.3 Dual Plumbing.
Section 5.305.1.3 Dual plumbing is added as mandatory and is amended to read:
17
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
5.305.1.3 Dual plumbing. New buildings and facilities shall be dual plumbed for potable
and recycled water systems for toilet flushing when recycled water is available. All
building projects for which CPAU recycled water service is available must install dual
Plumbing and use recycled water for toilet and urinal flushing when the building area is
greater than 10,000 square feet or where installation of 25 or more toilets and urinals is
proposed. All projects for which CPAU recycled water service is not yet available must
install dual plumbing for use of recycled water for toilet and urinal flushing when the
building area exceeds 50,000 square feet or where installation of 50 or more toilets and
urinals is proposed.
16.14.310 Reserved.
16.14.320 Reserved.
16.14.330 Reserved.
16.14.340 Reserved.
16.14.350 Reserved.
16.14.360 Section 5.304.2 Invasive species prohibited.
Section 5.304.2 is added as mandatory to read:
5.304.2 Invasive species prohibited. All non-residential new construction, additions,
and alterations shall not install invasive species in a landscape area of any size.
16.14.365 Section 5.306 Non-residential enhanced water budget.
Section 5.306 Non-residential enhanced water budget is added as mandatory to read:
5.306 Non-residential enhanced water budget. Non-residential buildings anticipated to
use more than 1,000 gallons of water a day shall complete an Enhanced Water Budget
Calculator as established by the Chief Building Official or designee .
16.14.370 Section A5.408 Construction Waste Reduction, Disposal and Recycling.
Section A5.408.3.1.1 Enhanced Construction Waste Reduction is adopted at Tier 2 (80%
construction waste reduction) as a mandatory requirement for all non-residential construction,
including new construction, additions, and alterations, as long as the construction has a
18
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
valuation exceeding $25,000. Non-residential projects with a lower valuation shall remain
subject to California Green Building Code Chapter 5 mandatory requirements.
16.14.375 Reserved.
16.14.380 Section 5.410.4.6 Energy STAR portfolio manager.
Section 5.410.4.6 Energy STAR portfolio manager is added as mandatory to read:
5.410.4.6 Energy STAR portfolio manager. All non-residential projects exceeding
$100,000 valuation must provide evidence of an Energy STAR Portfolio Manager project
profile for both water and energy use prior to Permit Issuance, acquire an Energy STAR
Portfolio Manager Rating, and submit the rating to the City of Palo Alto once the project
has been occupied after 12 months.
16.14.390 Section 5.410.4.7 Performance reviews – energy.
Section 5.410.4.7 Performance reviews - energy is added to read:
5.410.4.7 Performance reviews – energy. All projects over 10,000 square feet. The City
reserves the right to conduct a performance review, no more frequently than once
every five years unless a project fails review, to evaluate the building's energy use to
ensure that resources used at the building and/or site do not exceed the maximum
allowance set forth in the rehabilitation or new construction design. Following the
findings and recommendations of the review, the City may require adjustments to the
energy usage or energy-using equipment or systems if the building is no longer
compliant with the original design. Renovation or rehabilitation resulting from such
audit activity shall be considered a project and shall be subject to applicable
documentation submittal requirements of the City. This section is effective only for
those projects for which a building permit was issued after January 1, 2009.
16.14.400 Section 5.410.4.8 Performance reviews – water.
Section 5.410.4.8 Performance reviews - water is added to read:
5.410.4.8 Performance reviews – water. All sites greater than one acre: The City
reserves the right to conduct performance reviews, no more frequently than once every
five years unless a project fails review, to evaluate water use to ensure that resources
used at the building and/or site do not exceed a maximum allowance set forth in the
rehabilitation or new construction design. Water use reviews may be initiated by the
19
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
Building Division, or as a coordinated effort between the CPAU and the Santa Clara
Valley Water District (SCVWD), or as part of SCVWD's established water conservation
programs. Following the findings and recommendations of the review, the City may
require adjustments to irrigation usage, irrigation hardware, and/or landscape materials
to reduce consumption and improve efficiency. Renovation or rehabilitation resulting
from such audit activity shall be considered a project and shall be subject to applicable
documentation submittal requirements of the City.
16.14.410 Section 5.506 Indoor Air Quality.
Section 5.506.3 is added as mandatory to read:
Section 5.506.3 Indoor Air Quality Management Plan. All commercial and multi-
family projects must submit an Indoor Air Quality Management Plan (IAQ) with
building permit application in accordance with the Sheet Metal and Air
Conditioning Contractors National Association (SMACNA IAQ) Guidelines for
Occupied Buildings Under Construction, 2nd edition ANSI/SMACNA 008-2008.
16.14.420 Section A4.106.8 Electric Vehicle (EV) Charging.
Section A4.106.8 of the California Green Building Standards Code is adopted as mandatory and
amended to read:
A4.106.8 Electric Vehicle (EV) Charging for Residential Structures. Newly constructed
single family and multifamily residential structures, including residential structures
constructed as part of a mixed-use development, shall comply with the following
requirements for electric vehicle supply equipment (EVSE). All parking space calculations
under this section shall be rounded up to the next full space. The requirements stated
in this section are in addition to those contained in Section 4.106.4 of the California
Green Building Standards Code. In the event of a conflict between this section and
Section 4.106.4 of the California Green Building Standards Code, the more robust EV
Charging requirements shall prevail.
Definitions. For the purposes of this section, the following definitions shall apply:
(a) Level 2 EVSE. “Level 2 EVSE” shall mean an EVSE capable of charging at 30
amperes or higher at 208 or 240 VAC. An EVSE capable of simultaneously
charging at 30 amperes for each of two vehicles shall be counted as two
Level 2 EVSE.
20
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
(b) Conduit Only. “Conduit Only” shall mean, at minimum: (1) a panel capable to
accommodate a dedicated branch circuit and service capacity to install a
208/240V, 50 amperes grounded AC outlet; and (2) raceway or wiring with
capacity to accommodate a 100 ampere circuit; terminating in (3) a listed
cabinet, box, enclosure, or NEMA receptacle. The raceway shall be installed
so that minimal removal of materials is necessary to complete the final
installation.
(c) EVSE-Ready Outlet. “EVSE-Ready Outlet” shall mean, at minimum: (1) a panel
capable to accommodate a dedicated branch circuit and service capacity to
install a 208/240V, 50 amperes grounded AC outlet; (2) a two-pole circuit
breaker; (3) raceway with capacity to accommodate 100-ampere circuit; (4)
50 ampere wiring; terminating in (5) a 50 ampere NEMA receptacle in a
covered outlet box.
(d) EVSE Installed. “EVSE Installed” shall mean an installed Level 2 EVSE.
A4.106.8.1 New one-family, two-family and townhouse dwellings. The
following standards apply to newly constructed detached and attached single
family, two-family and townhouse residences.
(a) In general. The property owner shall provide Conduit Only, EVSE-Ready
Outlet, or EVSE Installed for each residence.
(b) Location. The proposed location of a charging station may be internal or
external to the dwelling and shall be in close proximity to an on-site parking
space consistent with City guidelines, rules, and regulations.
A4.106.8.2 New Multi-Family Dwellings. The following standards apply to newly
constructed residences in a multi-family residential structure, except as provided
in section A4.106.8.2.1.
(a) Resident parking. The property owner shall provide at least one EVSE-Ready
Outlet or EVSE Installed for each residential unit in the structure.
(b) Guest parking. The property owner shall provide Conduit Only, EVSE-Ready
Outlet, or EVSE Installed, for at least 25% of guest parking spaces, among
which at least 5% (and no fewer than one) shall be EVSE Installed.
(c) Accessible spaces. Projects shall comply with the 2019 California Building
Code requirements for accessible electric vehicle parking.
21
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
(d) Minimum total circuit capacity. The property owner shall ensure sufficient
circuit capacity, as determined by the Chief Building Official or designee , to
support a Level 2 EVSE in every location where Circuit Only, EVSE-Ready
Outlet or EVSE Installed is required.
(e) Location. The EVSE, receptacles, and/or raceway required by this section
shall be placed in locations allowing convenient installation of and access to
EVSE. In addition, if parking is deed-restricted to individual residential units,
the EVSE or receptacles required by subsection (a) shall be located such that
each unit has access to its own EVSE or receptacle. Location of EVSE or
receptacles shall be consistent with all City guidelines, rules, and
regulations.
A4.106.8.2.2 Exception – Multi-Family Residential Structures with Individual,
Attached Parking. The property owner shall provide Conduit Only, EVSE-Ready
Outlet, or EVSE Installed for each newly constructed residence in a multi-family
residential structure featuring: (1) a parking space attached to the residence; and
(2) a shared electrical panel between the residence and parking space (e.g., a
multi-family structure with tuck-under garages).
A4.106.8.3 New Hotels. The following standards apply to newly constructed
hotels.
(a) In general. The property owner shall provide Conduit Only, EVSE-Ready
Outlet, or EVSE Installed for at least 30% of parking spaces, among which at
least 10% (and no fewer than one) shall be EVSE Installed.
(b) Accessible spaces. Projects shall comply with the 2019 California Building
Code requirements for accessible electric vehicle parking.
(c) Minimum total circuit capacity. The property owner shall ensure sufficient
circuit capacity, as determined by the Chief Building Official or designee , to
support a Level 2 EVSE in every location where Circuit Only, EVSE-Ready
Outlet or EVSE Installed is required.
(d) Location. The EVSE, receptacles, and/or raceway required by this section
shall be placed in locations allowing convenient installation of and access to
EVSE. Location of EVSE or receptacles shall be consistent with all City
guidelines, rules, and regulations.
22
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
16.14.430 Section A5.106.5.3 Electric Vehicle (EV) Charging for Non-Residential Structures.
Section A5.106.5.3 of the California Green Building Standards Code is adopted as mandatory
and amended to read:
A5.106.5.3 Electric Vehicle (EV) Charging for Non-Residential Structures. New non-
residential structures shall comply with the following requirements for electric vehicle
supply equipment (EVSE). All parking space calculations under this section shall be
rounded up to the next full space. The requirements stated in this section are in
addition to those contained in Section 5.106.5.3 of the California Green Building
Standards Code. In the event of a conflict between this section and Section 5.106.5.3,
the more robust EV Charging requirements shall prevail.
Definitions. For the purposes of this section, the following definitions shall apply:
(a) Level 2 EVSE. “Level 2 EVSE” shall mean an EVSE capable of charging at 30
amperes or higher at 208 or 240 VAC. An EVSE capable of simultaneously
charging at 30 amperes for each of two vehicles shall be counted as two
Level 2 EVSE.
(b) Conduit Only. “Conduit Only” shall mean, at minimum: (1) a panel capable to
accommodate a dedicated branch circuit and service capacity to install at
least a 208/240V, 50 amperes grounded AC outlet; and (2) raceway or wiring
with capacity to accommodate a 100 ampere circuit; terminating in (3) a
listed cabinet, box, enclosure, or NEMA receptacle. The raceway shall be
installed so that minimal removal of materials is necessary to complete the
final installation.
(c) EVSE-Ready Outlet. “EVSE-Ready Outlet” shall mean, at minimum: (1) a panel
capable to accommodate a dedicated branch circuit and service capacity to
install at least a 208/240V, 50 amperes grounded AC outlet; (2) a two-pole
circuit breaker; (3) raceway with capacity to accommodate a 100-ampere
circuit; (4) 50 ampere wiring; terminating in (5) a 50 ampere NEMA
receptacle in a covered outlet box.
(d) EVSE Installed. “EVSE Installed” shall mean an installed Level 2 EVSE.
A5.106.5.3.5 Non-Residential Structures Other than Hotels. The following
standards apply to newly constructed non-residential structures other than
hotels.
23
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
(a) In general. The property owner shall provide Conduit Only, EVSE-Ready
Outlet, or EVSE Installed for at least 25% of parking spaces, among which at
least 5% (and no fewer than one) shall be EVSE Installed.
(b) Accessible spaces. Projects shall comply with the 2019 California Building
Code requirements for accessible electric vehicle parking.
(c) Minimum total circuit capacity. The property owner shall ensure sufficient
circuit capacity, as determined by the Chief Building Official or designee , to
support a Level 2 EVSE in every location where Circuit Only, EVSE-Ready
Outlet or EVSE Installed is required.
(d) Location. The EVSE, receptacles, and/or raceway required by this section
shall be placed in locations allowing convenient installation of and access to
EVSE. Location of EVSE or receptacles shall be consistent with all City
guidelines, rules, and regulations.
SECTION 2. The Council adopts the findings for local amendments to the California Green
Building Standards Code, 2019 Edition, attached hereto as Exhibit “A” and incorporated herein
by reference.
SECTION 3. Section 16.12.035 of Chapter 16.12 of Title 16 of the Palo Alto Municipal Code is
hereby amended to read as follows:
16.12.035 New construction; recycled water use for toilet and urinal flushing and floor trap
priming.
(a) All applications for building permits for new or remodeled buildings or groups of
buildings within the boundaries of a recycled water project area, filed after the adoption
of this chapter, where the building square footage total, including both the original
square footage and any addition, is greater than 10,000 square feet or where
installation of twenty-five or more toilets and urinals is proposed, shall incorporate dual
plumbing in the design of the facility to allow the use of recycled water, when it
becomes available, for flushing toilets and urinals and priming floor traps. Dual
plumbing requirements shall not apply to single family homes.
(b) All applications for building permits for new or remodeled buildings or groups of
buildings in geographic areas not within the boundaries of a recycled water project area,
filed after the adoption of this chapter, where the building square footage total,
including both the original square footage and any addition, is greater than 50,000
100,000 square feet or where installation of 50 100 or more toilets and urinals is
proposed, shall incorporate dual plumbing in the design of the facility to allow the use of
24
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
recycled water, when it becomes available, for flushing toilets and urinals and priming
floor traps. Dual plumbing requirements shall not apply to single family homes.
(c) When dual plumbing requirements are triggered by remodeling, only those restroom
facilities located within the remodel project area shall be required to incorporate dual
plumbing.
SECTION 4. If any section, subsection, clause or phrase of this Ordinance is for any reason held
to be invalid, such decision shall not affect the validity of the remaining portion or sections of
the Ordinance. The Council hereby declares that it should have adopted the Ordinance and
each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any
one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 5. The Council finds that this project is exempt from the provisions of the California
Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines,
because it can be seen with certainty that there is no possibility that the amendments herein
adopted will have a significant effect on the environment.
//
//
//
//
//
//
//
//
//
//
//
//
//
//
25
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
SECTION 6. This Ordinance shall be effective on the thirty-first day after the date of its adoption.
INTRODUCED: November 4, 2019
PASSED: November 18, 2019
AYES: CORMACK, DUBOIS, FILSETH, KNISS, KOU, TANAKA
NOES:
ABSENT: FINE
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
Deputy City Attorney City Manager
Director of Planning and Development
Services
Director of Administrative Services
23
2019102205
ORD Amending Ch. 16.14 Green Building Code – 2019 Code Cycle
Exhibit A
FINDINGS FOR LOCAL AMENDMENTS TO
CALIFORNIA GREEN BUILDING STANDARD CODE, 2019 EDITION
Section 17958 of the California Health and Safety Code provides that the City may make changes to
the provisions in the uniform codes that are published in 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 in the uniform codes and published in 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,
including amendments made only for administrative consistency, do not require findings.
Code: Cal Green
Section Title Add Deleted Amended Justification (See
below for keys)
301 Voluntary tiers added C & E
301.1.3 Accessory Dwelling Units (ADUs) and
Junior Accessory Dwelling Units
(JADUs)
C & E
303.1.2 Cumulative Construction C & E
4.105 Deconstruction Survey C & E
4.304 Outdoor Water Use C
A4.106.5 Cool roof for reduction of heat island
effect
C
A4.405.3.1 Recycled content E
5.105.1 Salvage E
5.106.1.1 Local ordinance C
5.106.8 Light pollution reduction E
5.303.5 Dual Plumbing C
5.304.5 Potable Water Elimination C
5.304.6 Invasive Species E
5.305.1 Non-residential enhanced water
budget
C
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
5.506.3 Indoor Air Quality Management Plan C & E
702.2 Special Inspection E
Appendix A4 Residential Voluntary Measures C & E
Appendix A5 Non-Residential Voluntary Measures C & E
Key to Justification for Amendments to Title 24 of the California Code of
Regulations
C This amendment is justified on the basis of a local climatic condition. The seasonal climatic conditions during
the late summer and fall create severe fire hazards to the public health and welfare in the City. The hot, dry
weather frequently results in wild land fires on the brush covered slopes west of Interstate 280. The
aforementioned conditions combined with the geological characteristics of the hills within the City create
hazardous conditions for which departure from California Building Standards Code is required.
Failure to address and significantly reduce greenhouse gas (GHG) emissions 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. 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 1 public facilities, and Highway 101. Due to
decrease in annual rain fall, Palo Alto experiences the effect of drought and water saving more than some
other communities in California.
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) Increase water and resource conservation;
(c) Reduce waste generated by construction and demolition projects;
(d) Provide durable buildings that are efficient and economical to own and operate;
( e) Promote the health and productivity of residents, workers, and visitors to the city;
(f) Recognize and conserve the energy embodied in existing buildings;
(g) Encourage alternative transportation; and
(h) 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.
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.