Ordinance No. _____
ORDINANCE ______
AN ORDINANCE OF THE CITY COUNCIL OF THE TOWN OF
ATHERTON AMENDING CHAPTERS 15.02 15.04. 15.08, 15.12, 15.16, 15.18,
15.19, 15.20, 15.22 AND 15.44 IN ORDER TO ADOPT BY REFERENCE THE 2025 CALIFORNIA BUILDING STANDARDS CODE, INCLUDING THE
BUILDING, RESIDENTIAL, ELECTRICAL, PLUMBING, MECHANICAL,
ENERGY, HISTORICAL BUILDING, FIRE (BY RATIFICATION), GREEN AND EXISTING BUILDING CODES AND CHAPTER 1 DIVISION II OF THE 2025 EDITION OF THE CALIFORNIA BUILDING CODE AS THE
ATHERTON ADMINISTRATIVE CODE
WHEREAS, the California Building Standards Code (CBSC), also known as Title 24 of the California Code of Regulations (CCR), is updated by the California Building Standards Commission from time to time based upon published model codes specified in the California Health and Safety Code; and
WHEREAS, the 2025 CBSC and modifications will take effect on January 1, 2026; and
WHEREAS, local jurisdictions responsible for enforcement of the California Buildings Standards Code must enact local administrative regulations and amendments in order to implement the California Building Standards Code; and
WHEREAS, the City Council wishes to ratify the adoption by Menlo Park Fire Protection District of the new Fire Code with local modification regarding the installation of automatic fire suppression systems and other fire safety enhancements as allowed by the Sections 13869 and 17958 of the California Health and Safety Code;
NOW, THEREFORE, THE CITY COUNCIL OF THE TOWN OF ATHERTON DOES ORDAIN AS FOLLOWS:
Section 1. Findings
The City Council finds and determines that:
A. A duly noticed hearing before the City Council was held on December 17, 2025. Copies of the codes to be adopted are on file and available for inspection.
B. The adoption of these codes is exempt from the California Environmental Quality Act under Section 15061(b)(3) of Title 14 of the California Code of Regulations because it will not have a significant effect on the environment.
C. This ordinance is adopted pursuant to Health and Safety Code Section 17958.5 and 17922.1 and Government Code Sections 50022.2 and 50022.3 D. Greater than normal vulnerability to seismic events and to fire requires the modification of the State Building Standards Code for the protection of the public health, safety and welfare due to local climatic, geologic or topographical conditions as follows:
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1. Climate
The Town, on average, experiences an annual rainfall of 19.7 inches.
This rainfall can be expected between October and April of each year. However, during the summer months there is little, if any measurable precipitation. During this dry period the temperatures are usually between 70 – 95 F degrees with light to gusty westerly winds. These dry winds, combined with the natural and imported vegetation, which is dominant throughout the area, create hazardous fuel conditions that can cause extensive encroaching into these wooded and grass covered areas where wind-driven fires can have severe consequences. Because of variable weather patterns, normal rainfall cannot always be relied upon. This can result in water rationing and water allocation programs, as demonstrated in past drought patterns.
Water shortages may also be expected in the future due to limited water storage capabilities and increased consumption.
2. Geology
The Town is situated on alluvial soils between San Francisco Bay and the San Andreas Fault zones. The location makes older structures particularly vulnerable to damage and caused by seismic events. The relatively young geological processes that have created the San Francisco Bay Area are still active today.
Seismically, the District sits between two active earthquake faults (San Andreas and the Hayward/Calaveras), and numerous potentially active faults. A majority of the Town’s land surface is in the high-to-moderate seismic hazard zones. Bedrock lies beneath the area at depths generally 300 feet or more. The predominant soils patterns increase adverse effects on structures from major seismic events. A significant portion of the Town’s residential and commercial structures are located in seismic risk zones. Fires following an earthquake have the potential of causing greater loss of life and damage than the earthquake itself.
3. Topography.
The Town’s topography does not lend itself to a systematic street and road layout which would promote easy traffic flow, especially during emergencies.
The Town is divided by a major state highway (El Camino Real) and a railroad track. It includes hilly areas and heavily wooded areas with winding roads and numerous cul de sac streets. These conditions are likely to adversely affect response times of emergency personnel during periods of heavy traffic or conditions of major emergencies. The Town’s location on the San Francisco Peninsula, where there is a strong north-south commute pattern between several cities and towns on limited transportation corridors, results in very congested roads during peak commute hours.
This creates barriers that increase the response time of fire equipment and other emergency services.
4. Built-in Automatic Fire Suppression Systems
The increased risk to people and property from fire makes it necessary to require the installation of built-in automatic fire protection systems that provide early detection and initial control until the arrival of emergency resources.
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During large scale disasters, such as seismic events, these fire protection systems reduce the hazard of the spread of multiple fires to adjacent properties.
Section 2. Section 15.02.010 of the Atherton Municipal Code is hereby amended to read as follows:
Section 15.02.010 Adoption of the California Administrative Code, 2025 Edition That certain document, one printed copy of which is on file with the building official of the town, being marked and designated as Chapter 1 of Division II of the 2025 Edition of the California Building Code as published by the International Code Council is adopted and incorporated by reference and made a part of this chapter as if fully set out in this chapter, subject to amendments, deletions and additions to it as provided in this chapter. A copy of the 2025 California Building Code printed in code book form shall be kept on file in the office of the City Clerk.
Section 3. Section 15.04.10 of the Atherton Municipal Code is hereby amended to read as follows:
15.04.010 Adoption of the California Building and Residential Codes, 2025 Editions That a certain document, one copy of which is on file in the office of the Building Official of the Town, being marked and designated as the 2025 California Building Code, Volumes 1 and 2 (Title 24, Part 2), and the 2025 California Residential Code (Title 24, Part 2.5) with Appendix Chapters BF (Patio Covers) & BO (Existing Buildings) as published by the International Code Council and adopted by the California Building Standards Commission as Title 24 California Code of Regulations, is adopted as the Building Code of the Town for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occupancy, equipment, use, height, area and maintenance of all buildings and/or structures in the Town; control of excavation and grading; providing for the issuance of permits and collection of fees; providing penalties for violation of such code; and each and all of the regulations, provisions, penalties of such 2025 California Building Code, and the 2025 California Residential Code and are referred to, adopted and made a part of this chapter as if fully set out in this chapter, subject to the amendments, deletions and additions thereto, as provided in this chapter.
Section 4. Section 15.08.010 of the Atherton Municipal Code is hereby amended to read as follows:
15.08.010 Adoption of the California Electrical Code, 2025 Edition That certain document, one copy of which is on file in the office of the Building Official of the Town, being marked and designated as the"2025 California Electrical Code," California Code of Regulations, Title 24, Part 3, is adopted as the Electrical Code of the Town for the purpose of providing for the issuance of permits for the installation or alteration of electrical systems, and the collection of fees for the same, defining certain terms, establishing minimum regulations for the installation or alterations or additions or repairs of electrical systems and the inspection thereof, providing penalties for its violation; and each and all of the regulations , provisions, penalties, conditions and terms of such 2025 California Electrical Code, are referred to, adopted and made Ordinance No. _____
part of this chapter as if fully set out in this chapter, subject to the amendments, deletions and additions thereto, as provided in this chapter.
Section 5. Section 15.12.010 of the Atherton Municipal Code is hereby amended to read as follows:
15.12.010 Adoption of the California Plumbing Code, 2025 Edition That certain document, one copy of which is on file in the office of the Building Official of the Town, being marked and designated as the"2025 California Plumbing Code," including Appendix Chapters as published by the International Association of Plumbing and Mechanical officials, and adopted by the California Building Standards Commission as Title 24, California Code of Regulations, Part 5, is adopted as the Plumbing Code of the Town, requiring a permit for the installation or alteration of plumbing and drainage systems; defining certain terms; establishing minimum regulations for the installation or alteration or addition or repairs of plumbing and drainage systems and the inspection thereof, providing penalties for its violation; and each and all of the regulations, provisions, penalties, conditions and terms of the 2025 California Plumbing Code are referred to, adopted and made a part of this chapter, as if fully set out in this chapter, subject to the amendments, deletions, and additions thereto, as provided in this chapter.
Section 6. Chapter 15.16.010 of the Atherton Municipal Code is hereby amended to read as follows
15.16.010 Adoption of the California Mechanical Code, 2025 Edition That certain document, one copy of which is on file in the office of the Building Official of the Town, being marked and designated as the "2025 California Mechanical Code," including Appendix Chapters, as published by the International Association of Plumbing and Mechanical officials, and adopted by the California Building Standards Commission as Title 24, Part 4, California Code of Regulations, is adopted as the Mechanical Code of the Town in order to provide complete requirements for the installation and maintenance of heating, ventilating, cooling and refrigeration systems; and each and all of the regulations, provisions, and penalties of such 2025 California Mechanical Code, are referred to, adopted and made a part of this chapter as if fully set out in this chapter, subject to the amendments, deletions and additions thereto, as provided in this chapter.
Section 7. Chapter 15.18.010 of the Atherton Municipal Code is hereby amended to read as follows:15.18.010
Adoption of the California Energy Code, 2025 Edition
That certain document, one copy of which is on file in the office of the Building Official of the Town, being marked and designated as the “2025 California Energy Code”, including Appendix Chapter 1-A, as published by the California Building Standards Commission and identified as California Code of Regulations Title 24, Part 6, is adopted as the Energy Code for the Town regulating energy efficiency and conservation for all buildings and structures and each and all of the regulations, provisions, and penalties of such 2025 California Energy Code, are referred to, adopted and made a part of this chapter as if fully set out in this chapter, subject to the amendments, deletions and additions thereto, as provided in this chapter.
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Section 8. Chapter 15.19.010 of the Atherton Municipal Code is hereby amended to read as follows:
15.19.010 Adoption of the California Green Building Code, 2025 Edition That certain document, one copy of which is on file in the office of the Building Official of the Town, being marked and designated as the “2025 California Green Building Standards Code or CalGreen”, as published by the California Building Standards Commission and identified as California Code of Regulations, Title 24, Part 11, is adopted as the Green Building Code for the Town regulating improving public health, safety and general welfare by enhancing the design and construction of buildings through the use of building concepts having a reduced negative impact or positive environmental impact for all buildings and structures and each and all of the regulations, provisions, and penalties of such 2025 California Green Building Standards Code, are referred to, adopted and made a part of this chapter as if fully set out in this chapter, subject to the amendments, deletions and additions thereto, as provided in this chapter.
Section 9. Chapter 15.20.010 of the Atherton Municipal Code is hereby amended to read as follows:
15.20.010 Adoption of the California Historical Building Code, 2025 Edition That certain document, one copy of which is on file in the office of the Building Official of the Town, being marked and designated as the 2025 California Historical Buildings Code, as published by the International Code Council, and adopted by the California Building Standards Commission as California Code of Regulations Title 24, Part 8, regulating construction in an effort to preserve the character and nature of Historical Buildings within the Town.
Section 10. Chapter 15.22.010 of the Atherton Municipal is hereby added to read as follows:
15.22.010 California Fire Code, 2025 Edition, Ratified and adoption of the California Wildland-Urban Interface Code, 2025 Edition
The Menlo Park Fire Protection District Ordinance Number 55-2025 entitled District Fire Prevention Code, which adopts the 2025 California Fire Code (based on the 2024 International Fire Code) codified as Title 24 of the California Code of Regulations Part 9), with local amendments in response local conditions, is hereby ratified.
That certain document, one copy of which is on file in the office of the Building Official of the Town, being marked and designated as the 2025 California Wildland-Urban Interface Code, as published by the International Code Council and adopted by the Building Standards Commission as Title 24, California Code of Regulations, Part 7, is adopted as the Wildland-Urban Interface Code of the Town regulating building materials, systems and/or assemblies used in the exterior design and construction of new buildings located in any designated Fire Hazard Severity Zones or Wildland-Urban Fire Areas.
Section 11. Chapter 15.44.010 of the Atherton Municipal Code is hereby amended to read as follows:
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15.44.010. Adoption of the California Existing Buildings Code, 2025 edition.
That certain document, one copy of which is on file in the office of the Building Official of the Town, being marked and designated as the “2025 California Existing Buildings Code” Appendix Chapter A1, as published by the International Code Council and adopted by the California Building Standards Commission, as California Code of Regulations Title 24, Part 10, is adopted as the code for the maintenance of existing buildings and structures throughout the Town that are constructed of Unreinforced Masonry and establishing a program for the same.
Section 12. Except as hereby amended, said Atherton Municipal Code as amended shall be and remain in full force and effect.
Section 13. If any section, subsection, sentence, clause, phrase, or portion of this ordinance or the application thereof to any person or circumstances is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions hereof nor other applications of the ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this ordinance are declared to be severable.
Section 14. This Ordinance shall be posted as required by law within the Town of Atherton and shall be effective on January 1, 2026.
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I hereby certify that a public hearing of the foregoing ordinance was held at a regular meeting of the City Council of the Town of Atherton held on December 17, 2025 and was adopted by said City Council at a regular meeting held on DATE, by the following roll call vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
______________________________
Elizabeth Lewis, MAYOR
Town of Atherton
Ordinance No. _____
ATTEST:
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Anthony Suber, City Clerk
APPROVED AS TO FORM:
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Mona Ebrahimi, City Attorney