HomeMy WebLinkAboutOrdinance 5681
Ordinance No. 5681
Ordinance of the Council of the City of Palo Alto Amending
Chapter 16.17 (California Energy Code, California Code of
Regulations, Title 24, Part 6) of the Palo Alto Municipal Code to
Adopt the 2025 California Energy Code, Along with Local
Amendments Thereto
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations.
A. The City of Palo Alto adopted a Sustainability and Climate Action Plan, or S/CAP, to meet
the City's stated goal of "80 x 30": reducing greenhouse gas emissions 80% below 1990
levels by 2030.
B. The S/CAP outlines goals and key actions in eight areas, one of which is energy and more
specifically, energy efficiency and electrification. The goals for the energy area of the S/
CAP are to reduce GHG emissions from the direct use of natural gas in Palo Alto’s
building sector by at least 60% below 1990 levels (116,400 MT CO2e reduction) and to
modernize the electric grid to support increased electric demand to accommodate state-
of-the-art technology.
C. One key action the City is taking to accomplish those goals is to use codes and
ordinances - such as the energy reach code, green building ordinance, zoning code, or
other mandates - to facilitate electrification in both existing buildings and new
construction projects where feasible.
D. The purpose of this ordinance is to formally adopt California Code of Regulations, Title
24, Part 6, 2025 California Energy Code, with local amendments in furtherance of the
City of Palo Alto’s S/CAP goals and other sustainability-related goals included in the City’s
2030 Comprehensive Plan. The amendments adopted herein are more restrictive than
the building standards in Title 24, Part 6.
E. This ordinance is intended to supplement, not to supersede, Ordinance 5565, which was
passed by the Council on September 8, 2025 and which adopted the 2025 California
Energy Code along with local amendments related to FlexPath and Air Conditioner Time-
of-Replacement Requirements.
F. 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 finds that to the extent they affect residential units, the
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changes or modifications to the California Energy Code (Title 24, Part 6) adopted by this
ordinance are substantially equivalent to changes or modifications that were previously
filed by the governing body of the City and were in effect as of September 30, 2025, and
are therefore exempt from the moratorium on new residential building standards
imposed by AB 130.
G. Additionally, the Council finds that these changes or modifications to the California
Energy Code are necessary to implement a local code amendment that is adopted to
align with a general plan approved on or before June 10, 2025, and that permits mixed-
fuel residential construction consistent with federal law while also incentivizing all-
electric construction as part of an adopted greenhouse gas emissions reduction strategy.
The City of Palo Alto’s Comprehensive Plan was adopted on November 13, 2017, and
amended on December 19, 2022. The relevant policies and goals in the Comprehensive
Plan include, but are not limited to: Goal N-7 (“A clean, efficient energy supply that
makes use of cost-effective renewable resources”) and Goal N-8 (“Actively support
regional efforts to reduce our contribution to climate change while adapting to the
effects of climate change on land uses and city services”) and associated policies and
programs. These include Policy N-7.4 (“Maximize the conservation and efficient use of
energy in new and existing residences and other buildings in Palo Alto”), Program
N-7.4.1 (“Continue timely incorporation of State and federal energy efficiency standards
and policies in relevant City codes, regulations and procedures and higher local
efficiency standards that are cost-effective”), Policy N-7.7: (“Explore a variety of cost-
effective ways to reduce natural gas usage in existing and new buildings in Palo Alto in
order to reduce associated greenhouse gas emissions”), and especially Policy N-8.2
(“With guidance from the City’s Sustainability and Climate Action Plan (S/CAP) and its
subsequent updates and other future planning efforts, reduce greenhouse gas emissions
from City operations and from the community”). The amendments herein promote
building electrification by imposing broader electric readiness requirements than the
California Energy Code.
H. California Health and Safety Code sections 17958.5 and 17958.7 require 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 16.17.070 of the Palo Alto Municipal Code is hereby amended to
read as follows:
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16.17.070 Section 110.10 MANDATORY REQUIREMENTS FOR SOLAR READY BUILDINGS
Section 110.10 of Subchapter 2 of the California Energy Code is amended by adding Section
110.10 (f) to read:
(f)Existing tree canopies. In the event of a conflict between the provisions of this Code, the
Solar Shade Act of 2009, and the Palo Alto Tree Ordinance (Chapter 8.10), the most
protective of existing tree canopies shall prevail.
SECTION 3. Section 16.17.080 of the Palo Alto Municipal Code is hereby amended to
read as follows:
16.17.080 SUBCHAPTER 3 NONRESIDENTIAL, HOTEL/MOTEL OCCUPANCIES, AND
COVERED PROCESSES—MANDATORY REQUIREMENTS
SECTION 120.0 NONRESIDENTIAL, HOTEL/MOTEL OCCUPANCIES, AND COVERED
PROCESSES—MANDATORY REQUIREMENTS – GENERAL.
Section 120.0 of Subchapter 3 of the California Energy Code is amended to read:
Sections 120.1 through 120.10 establish requirements for the design and
installation of building envelopes, ventilation, space-conditioning and service
water-heating systems and equipment in nonresidential and hotel/motel
buildings as well as covered processes that are within the scope of Section
100.0(a).
Note: The requirements of Sections 120.1 through 120.10 apply to newly
constructed buildings. Section 141.0 specifies which requirements of Sections
120.1 through 120.10 also apply to additions or alterations to existing buildings.
The electric readiness requirements specified in Section 120.6 (k) and Section
120.6 (l) apply to substantial remodels.
SECTION 4. Section 16.17.090 of the Palo Alto Municipal Code is hereby amended to
read as follows:
16.17.090 SECTION 120.6(l) ELECTRIC READINESSREQUIREMENTS FOR SYSTEMS USING GAS
OR PROPANE
Subchapter 3 of the California Energy Code is amended to add Section 120.6(l) to be
numbered, entitled, and to read:
120.6(l) ELECTRIC READINESS REQUIREMENTS FOR SYSTEMS USING GAS OR PROPANE
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Where nonresidential systems using gas or propane are installed, the construction
drawings shall indicate electrical infrastructure and physical space
accommodating the future installation of an electric appliance in the following
ways, as certified by a registered design professional or licensed electrical
contractor.
a)Branch circuit wiring, electrically isolated and designed to serve all electric
heating appliances in accordance with manufacturer requirements and
the California Electrical Code, including the appropriate voltage, phase,
minimum amperage, and an electrical receptacle or junction box within
five feet of the appliance that is accessible with no obstructions.
Appropriately sized conduit may be installed in lieu of conductors; and
b)Labeling of both ends of the unused conductors or conduit shall be with
“For Future Electrical Appliance”; and
c)Reserved circuit breakers in the electrical panel for each branch circuit,
appropriately labeled (e.g. “Reserved for Future Electrical Appliance”),
and positioned on the opposite end of the panel supply conductor
connection; and
d)Connected subpanels, panelboards, switchboards, busbars, and
transformers shall be sized to serve the future electric heating appliances.
The electrical capacity requirements shall be adjusted for demand factors
in accordance with the California Electrical Code ; and
e)Physical space for future electric appliances, including equipment
footprint, and if needed a pathway reserved for routing of ductwork to heat
pump evaporator(s), shall be depicted on the construction drawings. The
footprint necessary for future electric appliances may overlap with non-
structural partitions and with the location of currently designed
combustion equipment.
SECTION 5. Section 16.17.150 of the Palo Alto Municipal Code is hereby amended to
read as follows:
16.17.150 SECTION 160.9 MANDATORY REQUIREMENTS FOR ELECTRIC READY BUILDINGS
Section 160.9 of Subchapter 10 of the California Energy Code is amended to read:
Mandatory requirements for electric-ready buildings apply to newly constructed
buildings and substantial remodels.
Section 160.9 Sections (a) – (f) are adopted without amendments.
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SECTION 6. The Council adopts the findings for local amendments to the California
Energy Code, 2025 Edition, attached hereto as Exhibit “A” and incorporated herein by
reference.
SECTION 7. 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 would 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 8. The Council finds that this ordinance is exempt from the provisions of
the California Environmental Quality Act (“CEQA”), under Section 15308 of the CEQA
Guidelines, because it is a regulatory action for the protection of the environment, and
under Section 15061(b)(3) on the grounds that the proposed standards are more stringent
than the State energy standards, there are no reasonably foreseeable adverse
environmental impacts and there is no possibility that the activity in question may have a
significant effect on the environment.
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____________________________ ____________________________
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SECTION 9. This Ordinance shall be effective on the thirty-first day after the date of
its adoption.
INTRODUCED: OCTOBER 6, 2025
PASSED: OCTOBER 20, 2025
AYES: BURT, LAUING, LU, LYTHCOTT-HAIMS, RECKDAHL, STONE, VEENKER
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
City Attorney or Designee City Manager
Director of Planning and
Development Services
Director of Administrative Services
Director of Public Works
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Exhibit A
FINDINGS FOR LOCAL AMENDMENTS TO CALIFORNIA ENERGY CODE, 2025 EDITION
TITLE 24, PART 6
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.
Regarding the Energy Code, local jurisdictions have the authority to adopt local energy
efficiency ordinances—or reach codes—that exceed the minimum standards defined by Title
24 (as established by Public Resources Code Section 25402.1(h)2 and Section 10-106 of the
Building Energy Efficiency Standards), provided the City Council finds that the requirements
of the proposed ordinance are cost-effective and do not result in buildings consuming more
energy than is permitted by Title 24.
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.
Chapter(s),
Sections(s),
Appendices
110.10 (f)
120.0
120.6(l)
Code: California Energy Code, Title 24, Part 6
Title Add Deleted Amended Justification
(See below of keys)
Existing tree canopies C & E
Nonresidential, Hotel/Motel C & E
Occupancies, and Covered
Processes—Mandatory
Requirements
Electric Readiness Requirements C & E
for Systems Using Gas or Propane
160.9 Mandatory Requirements for
Electric Ready Buildings
C & E
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Key to Justification for Amendments to Title 24 of the California Code of
Regulations
A This is an administrative amendment to clarify and establish civil and
administrative procedures, regulations, or rules to enforce and administer
the activities by the Palo Alto Building Inspection Department. These
administrative amendments do not need to meet HSC
18941.5/17958/13869 per HSC 18909(c).
C This amendment is justified on the basis of a local climatic condition. The
seasonal climatic conditions during the late summer and fall create severe
fire hazards to the public health and welfare in the City. The hot, dry
weather frequently results in wild land fires on the brush covered slopes
west of Interstate 280. The aforementioned conditions combined with the
geological characteristics of the hills within the City create hazardous
conditions for which departure from California Energy 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 the 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 a decrease in annual rainfall, Palo Alto experiences the effect of drought
and water saving more than some other communities in California.
E Energy efficiency 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
provisions in this Chapter are designed to achieve the following goals:
(a)Increase energy efficiency in buildings;
(b)Increase resource conservation;
(c)Provide durable buildings that are efficient and economical to own and
operate;
(d)Promote the health and productivity of residents, workers, and visitors
to the city;
(e)Recognize and conserve the energy embodied in existing buildings; and
(f)Reduce disturbance of natural ecosystems.
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G This amendment is justified on the basis of a local geological condition.
The City of Palo Alto is subject to earthquake hazards 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 the 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 that
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 Codes is
warranted.
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Certificate Of Completion
Envelope Id: 0DB105AB-0300-42CB-AFB8-2706F81EEE77 Status: Completed
Subject: ORD 5681 - Amending Chapter 16.17 California Energy Code
Source Envelope:
Document Pages: 9 Signatures: 7 Envelope Originator:
Certificate Pages: 2 Initials: 0 Christine Prior
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Time Zone: (UTC-08:00) Pacific Time (US & Canada)
250 Hamilton Ave
Palo Alto , CA 94301
Christine.Prior@PaloAlto.gov
IP Address: 165.225.242.110
Record Tracking
Status: Original
11/4/2025 3:11:18 PM
Holder: Christine Prior
Christine.Prior@PaloAlto.gov
Location: DocuSign
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Signer Events Signature Timestamp
Madeleine Salah
Madeleine.Salah@paloalto.gov
Deputy City Attorney
City of Palo Alto
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Brad Eggleston
Brad.Eggleston@paloalto.gov
Director of Public Works
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
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Mahealani Ah Yun
Mahealani.AhYun@paloalto.gov
City Clerk
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