HomeMy WebLinkAboutOrdinance 5664Docusign Envelope ID: 14F86803 -C810 -47D9-81 BB-9498BD0F75D7
Ordinance No. 5664.
Emergency Ordinance of the Council of the City of Palo Alto Amending
Chapter 16.04 (California Building Code, California Code of Regulations,
Title 24, Part 2, Volumes 1 & 2) of the Palo Alto Municipal Code to Add
New Local Amendments and Associated Findings Related to Certificates
of Occupancy and Definitions
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. Every three years, a new version of the California Building Standards Code (CBSC, or Title
24) is published. Local jurisdictions may enforce the model code as published or, subject
to certain requirements, adopt local amendments.
B. Most recently, the City adopted the 2022 edition of the California Building Code with
local amendments pursuant to Ordinance 5564. The purpose of this ordinance is to make
additional local amendments to the Building Code to clarify types of projects exempted
from Use and Occupancy certificates and make clarifying edits to the definitions section.
C. The changes shown in this ordinance are relative to the existing provisions of the Palo
Alto Municipal Code (PAMC) as adopted by Ordinance 5564. The City's local amendments
are more restrictive building standards than those provided in the California Building
Standards Code.
D. Recent legislation, Assembly Bill (AB) 130 (2025), limits local jurisdictions' authority to
amend the California Building Standards Code beginning October 1, 2025, and ending
June 1, 2031. The Council desires to make these amendments effective before the AB
130 moratorium begins.
E. The Council declares that this emergency ordinance, which is effective immediately, is
necessary as an emergency measure to preserve the public peace, health, or safety by
ensuring that the City may enforce its local amendments to the California Building Code
during the AB 130 moratorium.
F. California Health and Safety Code sections 17958.5 and 17958.7 requires that the City, in
order to make changes or modifications in the requirements contained in the California
Building Standards Code on the basis of local conditions, make express finding that such
modifications or changes are reasonably necessary because of local climatic, geological,
or topographical conditions. The required findings are attached to this ordinance as
Exhibit A.
SECTION 2. Section 16.04.190 of Chapter 16.04 (California Building Code,
California Code of Regulations, Title 24, Part 2, Volumes 1 & 2) of Title 16 (Building
Regulations) of the Palo Alto Municipal Code is hereby amended as follows (additions
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underlined and deletions struc( tirougi, bracketed ellipses indicate text of the California
Building Code, 2022 Edition, that has been adopted as amended by Ordinance 5564 but is
omitted for brevity):
16.04.190 Section 111.1 Use and occupancy.
111.1 Use and occupancy. A building or structure shall not be used or occupied,
and a change in the existing occupancy of a building or structure or portion
thereof shall not be made, until the chief building official has issued a certificate
of occupancy therefor as provided herein. Issuance of a certificate of occupancy
shall not be construed as an approval of a violation of the provisions of this code
or of other ordinances of the jurisdiction.
Exception: Certificates of occupancy are not required or issued for:
1. Work exempted from permits under Section 105.2
2. Group R —Division 2, 3 occupancies Division 3 and Group U occupancies
located on a single-family residential/agricultural lot.
3. Group U occupancies accessory to R3 anc R2 occupancies. Non-
residential "core and shell" or similar construction (exterior envelope
and structural framework) without finalized tenant improvement(s
4. Site development without a building or buildings as defined in section
202.
SECTION 3. Section 16.04.235 (Section 202 Definitions) is added to Chapter 16.04
(California Building Code, California Code of Regulations, Title 24, Part 2, Volumes 1 & 2) of Title
16 Building Regulations) of the Palo Alto Municipal Code to read as follows (additions underlined,
bracketed ellipses indicate text of the California Building Code, 2022 Edition, that has been
adopted without amendment but is omitted for brevity):
16.04.235 Section 202 Definitions
FLOOR AREA, GROSS. The floor area within the inside perimeter of the exterior walls of the
building under consideration, exclusive of vent shafts and courts, without deduction for
corridors, stairways, ramps, closets, the thickness of interior walls, columns or other features.
The floor area of a building, or portion thereof, not provided with surrounding exterior walls
shall be the usable area under the horizontal projection of the roof or floor above. The gross
floor area shall not include shafts with no openings or interior courts. For the aurposes of Title
18 Zoning), the definition of "gross floor area" in Section 18.04.030 shall apply.
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FLOOR AREA, NET. The actual occupied area not including unoccupied accessory areas such as
corridors, stairways, ramps, toilet rooms, mechanical rooms and closets. For the purposes of
Title 18 (Zoning , the definition of "net floor area" in Section 18.04.030 shall apply.
SECTION 4. The Council adopts the findings for local amendments to the California
Building Code, 2022 Edition, attached hereto as Exhibit "A" and incorporated herein by
reference.
SECTION 5. The Council finds that this ordinance is exempt from the provisions of
the California Environmental Quality Act ("CEQA"), pursuant to Section 15061(b)(3) of the
CEQA Guidelines, because it can be seen with certainty that there is no possibility that the
amendments herein adopted will have a significant effect on the environment.
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SECTION 6. Pursuant to Palo Alto Municipal Code Section 2.04.270, this ordinance shall
be effective immediately upon adoption if passed by a vote of four -fifths of the council members
present.
INTRODUCED: SEPTEMBER 8, 2025
PASSED: SEPTEMBER 8, 2025
AYES: BURT, LAUING, LU, LYTHCOTT-HAIMS, RECKDAHL, STONE, VEENKER
NOES:
ABSENT:
ABSTENTIONS:
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City Clerk
APPROVED AS TO FORM:
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City Attorney or Designee
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Mayor
APPROVED:
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City Manager
Signed by:
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Director of Planning and Development
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Director of Administrative Services
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Exhibit A
FINDINGS FOR LOCAL AMENDMENTS TO CALIFORNIA BUILDING CODE,
TITLE 24, PART 2, VOLUMES 1 AND 2
Section 17958 of the California Health and Safety Code provides that the City may make changes
to the provisions of the California Building Standards Code. Sections 17958.5 and 17958.7 of the
Health and Safety Code require that for each proposed local change to those provisions of the
California Building Standards Code which regulate buildings used for human habitation, the City
Council must make findings supporting its determination that each such local change is reasonably
necessary because of local climatic, geological, or topographical conditions.
Local building regulations having the effect of amending the uniform codes, which were adopted
by the City prior to November 23, 1970, were unaffected by the regulations of Sections 17958,
17958.5 and 17958.7 of the Health and Safety Code. Therefore, amendments to the uniform
codes which were adopted by the City Council prior to November 23, 1970 and have been carried
through from year to year without significant change, need no required findings. Also,
amendments to provisions not regulating buildings used for human habitation do not require
findings.
Code: California Building Code, Title 24, Part 2, Volumes 1 and 2
Chapter(s),
Section(s),
Table(s),
Appendices
Title
Added
Amended
Deleted
Justification
(See keys
below)
Ch. 1, Div. II,
Part 2, Section
111.1
Use and occupancy
✓
A
Ch. 2, Section
202
Definitions
✓
A
Key to Justification for Amendments to Title 24 of the California Code of Regulations
A This is an administrative amendment to clarify and establish civil and
administrative procedures, regulations, or rules to enforce and administer the
activities by the Palo Alto Building Inspection Department. These administrative
amendments do not need to meet HSC 18941.5/17958/13869 per HSC 18909(c).
C This amendment is justified on the basis of a local climatic condition. The seasonal
climatic conditions during the late summer and fall create severe fire hazards to
the public health and welfare in the City. The hot, dry weather frequently results
in wild land fires on the brush covered slopes west of Interstate 280. The
aforementioned conditions combined with the geological characteristics of the
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hills within the City create hazardous conditions for which departure from
California Building Standards Code is required. Natural gas combustion and gas
appliances emit a wide range of air pollutants, such as carbon monoxide (CO),
nitrogen oxides (NOx, including nitrogen dioxide (NO2)), particulate matter (PM),
and formaldehyde, which according to a UCLA Study, have been linked to various
acute and chronic health effects, and additionally exceed levels set by national and
California -based ambient air quality standards. The burning of fossil fuels used in
the generation of electric power and heating of buildings contributes to climate
change, which could result in rises in sea level, including in San Francisco Bay, that
could put at risk Palo Alto homes and businesses, public facilities, and Highway 101
(Bayshore Freeway), particularly the mapped Flood Hazard areas of the City.
Energy efficiency is a key component in reducing GHG emissions, and construction
of more energy efficient buildings can help Palo Alto reduce its share of the GHG
emissions that contribute to climate change. All -electric new buildings benefit the
health, safety, and welfare, of Palo Alto and its residents. Requiring all -electric
construction, without gas infrastructure will reduce the amount of greenhouse gas
produced in Palo Alto and will contribute to reducing the impact of climate change
and the associated risks. Due to decrease in annual rain fall, Palo Alto experiences
the effect of drought and water saving more than some other communities in
California. Embodied carbon of concrete is a significant contributor to greenhouse
gas emissions and climate change, and this amendment includes a requirement to
use low -carbon concrete. Providing additional capacity for electric vehicle use
reduces use of gasoline which is a major contributor to climate change.
E Green building enhances the public health and welfare by promoting the
environmental and economic health of the City through the design, construction,
maintenance, operation and deconstruction of buildings and sites by incorporating
green practices into all development. The green provisions in this Chapter are
designed to achieve the following goals:
(a) Increase energy efficiency in buildings;
(b) Reduce the use of natural gas in buildings which improves indoor
environmental quality and health;
(c) Reduce the use of natural gas which will reduce the natural gas
infrastructure and fire risk over time;
(d) Reduce the embodied carbon of concrete which reduces greenhouse
gas emissions;
(e) Increase water and resource conservation;
(f) Reduce waste generated by construction and demolition projects;
(g) Provide durable buildings that are efficient and economical to own and operate;
(h) Promote the health and productivity of residents, workers, and visitors to the city;
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(i) Recognize and conserve the energy embodied in existing buildings;
(j) Increase capacity for use of electric vehicles which reduces greenhouse
gas emissions and improves air quality;
(k) Encourage alternative transportation; and
(I) Reduce disturbance of natural ecosystems.
G This amendment is justified on the basis of a local geological condition. The City of
Palo Alto is subject to earthquake hazard caused by its proximity to San Andreas
fault. This fault runs from Hollister, through the Santa Cruz Mountains, epicenter
of the 1989 Loma Prieta earthquake, then on up the San Francisco Peninsula, then
offshore at Daly City near Mussel Rock. This is the approximate location of the
epicenter of the 1906 San Francisco earthquake. The other fault is Hayward Fault.
This fault is about 74 mi long, situated mainly along the western base of the hills
on the east side of San Francisco Bay. Both of these faults are considered major
Northern California earthquake faults which may experience rupture at any time.
Thus, because the City is within a seismic area which includes these earthquake
faults, the modifications and changes cited herein are designed to better limit
property damage as a result of seismic activity and to establish criteria for repair of
damaged properties following a local emergency. Reduction or eliminating of
natural gas infrastructure over time will reduce maintenance costs and fire risk in
difficult geological conditions.
T The City of Palo Alto topography includes hillsides with narrow and winding access,
which makes timely response by fire suppression vehicles difficult. Palo Alto is
contiguous with the San Francisco Bay, resulting in a natural receptor for storm and
waste water run-off. Also, the City of Palo Alto is located in an area that is potentially
susceptible to liquefaction during a major earthquake. The surface condition
consists mostly of stiff to dense sandy clay, which is highly plastic and expansive in
nature. The aforementioned conditions within the City create hazardous
conditions for which departure from California Building Standards Code is
warranted. In addition, the reduction or elimination of natural gas infrastructure
reduces the likelihood of fire or environmental damage should they become
disrupted due to challenging topographic conditions during construction or repair.
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Certificate Of Completion
Envelope Id: 14F86803-C810-47D9-81BB-9498BD0F75D7 Status: Completed
Subject: URGENT: ORD 5664 - Emergency Ordinance of the Council of the City of Palo Alto Amending Ch 16.04
Source Envelope:
Document Pages: 7 Signatures: 6 Envelope Originator:
Certificate Pages: 2 Initials: 0 Francesca Reyes
AutoNav: Enabled
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Francesca.Reyes@CityofPaloAlto.org
IP Address: 170.85.54.96
Record Tracking
Status: Original
9/16/2025 8:36:03 AM
Holder: Francesca Reyes
Francesca.Reyes@CityofPaloAlto.org
Location: DocuSign
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Madeleine Salah
Madeleine.Salah@paloalto.gov
Deputy City Attorney
City of Palo Alto
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Lauren Lai
Lauren.Lai@paloalto.gov
Director Administrative Services/CFO
COPA
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Jonathan Lait
Jonathan.Lait@paloalto.gov
Director, Planning and Development Services
City of Palo Alto
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Ed Shikada
Ed.Shikada@paloalto.gov
Ed Shikada
City of Palo Alto
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Ed Lauing
Ed.Lauing@paloalto.gov
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Mahealani Ah Yun
Mahealani.AhYun@paloalto.gov
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