EAST PALO ALTO
CITY COUNCIL
STAFF REPORT
DATE: December 6, 2022
TO: Honorable Mayor and Members of the City Council
VIA: Patrick Heisinger, Interim City Manager
BY: Hansom Hom, Deputy Manager, Special Projects
Romeo Herrera, Chief Building Official
SUBJECT: Ordinance Adopting 2022 Building Standards Code Recommendation
1. Hold public hearing to adopt and amend East Palo Alto Municipal Code Chapters 15.08,
15.10, 15.11, 15.12, 15.15, 15.16, 15.20, 15.25, 15.30, 15.58 to adopt by reference the 2022 California Building Standards Code, including the following 2022 California Codes and specified appendices: Administrative Code; Building Code volumes 1 and 11; Residential Code; Electrical Code; Mechanical Code; Plumbing Code; Energy Code; Historical Building Code; Existing Building Code; Green Building Standards Code; and Fire Code, including ratification of the local amendments set forth in Menlo Park Fire Protection District Ordinance No. 49-2022; and amending section 15.32.010 pertaining to dangerous buildings.
2. Direct staff to return in early 2023 with options for local amendments to the Reach Codes (Green Building Code Chapter 15.11 and Energy Code Chapter 15.25 of the East Palo Alto Municipal Code).
Alignment with City Council Strategic Plan
This recommendation is primarily aligned with:
Priority No. 3: Increase Organizational Effectiveness and Efficiency Priority No. 6: Create a Healthy and Safe Community
Background
Adoption of 2022 California Building Standards Code
Each local government is required by law to adopt new changes proposed by the State to the California Building Standards Code every three years (known as code cycles). The new code cycle will take effect January 1, 2023.
The adoption process for the Building Standards Code differs from adoption of other ordinances in terms of the timing for the public hearing. The first Council action, on October 18, 2022, was the introduction or first reading of the draft ordinance adopting the code revisions.
Staff has provided notice of the public hearing for December 6, 2022, when the City Council will consider the second reading/adoption of the ordinance.
Prior to this City Council meeting, staff conducted a community meeting to educate developers, contractors, residents, and other stakeholders on the Building Standards Code modifications that would likely impact construction projects during the upcoming three-year cycle. The community meeting took place on November 28, 2022 at Cooley Landing Education Center. We had six attendees one of which was a representative from Woodland Park Communities. Some of the questions asked were about submittal of current project and obtaining approval in the following code cycle. There were questions regarding existing projects and new identical projects.
During this code cycle, the Chief Building Official is not recommending any new local amendments to the codes (see below discussion of Reach Codes). As a result, the Council is not required to make any specific local findings to justify local amendments.
Staff recommends local adoption of 2022 California Building Standards Code. The new standards will be effective 30 days after adoption of the implementing ordinance included as Attachment 1.
As part of this code adoption process, staff also proposes revision of the previously adopted Uniform Code for the Abatement of Dangerous Buildings to reflect the correct year of the most recent adoption of that code.
Highlights of Significant Changes to 2022 Building Standards Code Notable amendments to the Building Standards Code required due to State mandates (not Reach Codes) include:
• Building Code Update. The 2022 Building Code triennial update includes minor language restatements and refinements in addition to requiring more energy-efficient installation for new residential construction and additional safety measures such as expanding Wildland Urban Interface requirements, and other energy-efficient installation for new commercial construction.
• Fire Code Update. The 2022 Fire Code update includes the requirement that any mobile food preparation vehicle have an operating permit, authorizes the code official to allow the removal of existing occupant use hose lines, and address all configurations of energy systems, including emergency power, standby power, fuel cell power, and stationary battery storage system requirements and to require 24/7 Fire Watch.
The City is required to enforce the newly adopted codes effective January 1, 2023. On October 18, 2022, the City Council introduced the attached ordinance to include the 2022 California Building Standards Code.
Reach Codes Update
The City adopted aggressive Reach Codes in 2020 that exceeded comparable codes enacted by neighboring jurisdictions. Reach Codes establish higher standards for clean energy, building electrification, and electric vehicle (EV) charging infrastructure than prescribed in the State’s CalGreen and Energy Codes. The 2022 State Codes have elevated the minimum requirements for building electrification and EV charging to continue the State’s pathway to decarbonization. However, the City’s existing Reach Codes meet or exceed the latest state requirements, except for necessary adjustments to EV charging standards.
While parallel amendments to the City’s Green Building Code (Chapter 15.11 of Municipal Code) pertaining to EV charging could be adopted along with the 2022 Building Standards Code, a discussion of broader amendments to the City’s 2020 Reach Codes that covers both the Green Building Code and the Energy Code (Chapter 15.25 of Municipal Code) is appropriate for Council consideration. Technology improvements continue to advance with more cost-effective solutions for both EV charging and building electrification. Incentive programs also are available from utility companies and Peninsula Clean Energy (PCE) to improve project feasibility. Possible Reach Code amendments could include increasing the requirements for EV charging stations, modifying the exceptions for compliance with the Energy Code, and expanding the electrification requirements for major building renovations.
Amendments to local Reach Codes do not have to occur concurrently with adoption of the California Building Standards Code. With direction from the City Council, staff proposes to return to the Council in early 2023 with options for expanding the City’s Reach Codes requirements to continue its leadership role in promoting clean energy and decarbonization.
With the assistance of PCE, staff would also share the latest status of Reach Codes in other jurisdictions for comparison.
Fiscal Impact
There is no fiscal impact with the items described in this staff report.
Public Notice
The public was provided notice of this agenda item by posting the City Council agenda on the City's official bulletin board outside City Hall and making the agenda and report available at the City's website and at the San Mateo Co. Library located at 2415 University Avenue, East Palo Alto. The public also was provided notice of this agenda item by notice published in the Palo Alto Daily News on November 11 and 18, 2022.
Environmental
The items described in this staff report are not considered a project under the provisions of the California Environmental Quality Act (CEQA).
Pursuant to Section 15061 (b)(3) of the California Code of Regulations, this ordinance is exempt from the requirements of the California Environmental Quality Act (CEQA) in that it is not a Project which has the potential for causing a significant effect on the environment.
Attachments
A. Ordinance - East Palo Alto Building Code Update