1 ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF EAST PALO ALTO
AMENDING 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.
WHEREAS, each California city is required to adopt the California Buildings Standards Code and is authorized to do so by reference pursuant to Health and Safety Code section 17922 and Government Code section 50022.2; and
WHEREAS, local jurisdictions are responsible for enforcement of the California Building Standards Code and must enact local administrative regulations and amendments in order to implement the California Building Standards Code; and
WHEREAS, the City of East Palo Alto is adopting the 2022 California Building Standards Codes as provided for and directed by the State of California.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EAST PALO ALTO DOES ORDAIN AS FOLLOWS:
SECTION 1: CHAPTER 15.08 OF THE EAST PALO ALTO MUNICIPAL CODE The existing Chapter 15.08 of the East Palo Alto Municipal Code is hereby amended to read as follows.
Sections and subsections that are not amended by this Ordinance are not included below and shall remain in full force and effect.
15.08.010 — Adoption by reference.
The “2022 California Building Code” is hereby adopted by reference as the Building Code of the City of East Palo Alto. All references to jurisdictional requirements are found in the East Palo Alto Municipal Code or other appropriate schedules, including the following appendices: Chapter 1 Division II; Appendix H: Signs, the 2021 International Property Maintenance Code as referenced in section [A] 101.4.4., F, G, H, I, J, K, L, and M.
15.08.015 — Appeals
All Appeals of the East Palo Alto Building Standards and Housing Codes or the Building Official's actions shall be in accordance with Chapter 1.14 or Chapter 8.08 the East Palo Alto Municipal Code. (Replaces CBC Chapter 1, Division II section 113)
15.08.030 - Modifications to ACI 318.
2022 California Building Code Section 1905.1.8 is amended to read as follows: 1905.1.8 ACI 318, section 22.10. Delete ACL 318, section 22.10, and replace with the following:
22.10 - Plain concrete in structures assigned to seismic design category C, D, E or F.
22.10.1- Structures assigned to Seismic Design Category C, D, E or F shall not have elements of structural plain concrete, except as follows:
(a) 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.
Exception: In detached one and two-family dwelling three stories or less in height, the projection of the footing beyond the face of the supported member is permitted to exceed the footing thickness.
(b) Plain concrete footing supporting walls are permitted, provided the footings have at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing. A minimum of-one bar shall be provided at the top and bottom of the footing. Continuity of reinforcement shall be provided at comers and intersections.
Exception: In detached one and two-family dwellings three stores or less in height and constructed with stud bearing walls, plain concrete with at least two continuous longitudinal reinforcing bars not smaller than No.4 are permitted to have a total area of less than 0.002 times the gross cross -sectional area of the footing.
SECTION 2: CHAPTER 15.10 OF THE EAST PALO ALTO MUNICIPAL CODE The existing Chapter 15.10 of the East Palo Alto Municipal Code is hereby amended to read as follows.
Sections and subsections that are not amended by this Ordinance are not included below and shall remain in full force and effect.
15.10.010 — Adoption by reference.
The “2022 California Residential Code” is hereby adopted by reference as the Residential Code of the City of East Palo Alto. All references to jurisdictional requirements are found in the East Palo Alto Municipal Code or other appropriate schedules.
15.10.020 — Appendix.
The following appendices of the 2022 California Residential Code are hereby adopted:
• Appendix AF: Radon Control Methods
• Appendix AH: Patio Covers
• Appendix AI: Private Sewage Disposal
• Appendix AJ: Existing Buildings and Structures
• Appendix AK: Sound Transmission
3 • Appendix AO: Automatic Vehicular Gates
• Appendix AQ: Tiny Houses
• Appendix AR: Light Straw-Clay Construction
• Appendix AS: Strawbale Construction
• Appendix AT: Solar-Ready Provisions—Detached One-and Two-Family Dwellings and Townhouses
• Appendix VAX: Swimming Pool Safe Act
15.10.030 — Concrete Construction.
2022 California Residential Code Section R403.l.3 is amended to read as follows:
R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories DO, DI and D2, as established in Table R301.2(1), shall have minimum reinforcement of at least two continuous longitudinal reinforcing bars not smaller than No.4 bars. Bottom reinforcement shall be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.
In Seismic Design Categories D0, DI and D2 where a construction joint is created between a concrete footing and a stem wall, a minimum of one No.4 bar shall be installed at not more than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom of the footing, have a standard hook and extend a minimum of 14 inches (357 mm) into the stem wall.
In Seismic Design Categories D0, DI and D2 masonry stem walls without solid grout and vertical reinforcing are not permitted.
Exception: In detached one- and two-family dwellings which are three stories or less in height and constructed with stud bearing walls, isolated plain concrete footings supporting columns or pedestals are permitted.
SECTION 3: CHAPTER 15.11 OF THE EAST PALO ALTO MUNICIPAL CODE The existing Chapter 15.11 of the East Palo Alto Municipal Code is hereby amended to read as follows.
Sections and subsections that are not amended by this Ordinance are not included below and shall remain in full force and effect.
15.11.010 — Adoption by reference.
The “2022 California Green Building Standards Code” is hereby adopted by reference as the Green Building Code of the City of East Palo Alto. All references to jurisdictional requirements are found in the East Palo Alto Municipal Code or other appropriate schedules.
15.11.020 — Appendix.
The following appendix of the 2022 California Residential Code is hereby adopted:
• Appendix A5: Nonresidential Voluntary Measures
SECTION 4: CHAPTER 15.12 OF THE EAST PALO ALTO MUNICIPAL CODE The existing Chapter 15.12 of the East Palo Alto Municipal Code is hereby amended to read as follows.
Sections and subsections that are not amended by this Ordinance are not included below and shall remain in full force and effect.
15.12.010 — Adoption by reference.
The “2022 California Electrical Code” is hereby adopted by reference as the Electrical Code of the City of East Palo Alto. All references to jurisdictional requirements are found in the East Palo Alto Municipal Code or other appropriate schedules.
SECTION 5: CHAPTER 15.15 OF THE EAST PALO ALTO MUNICIPAL CODE The existing Chapter 15.15 of the East Palo Alto Municipal Code is hereby amended to read as follows.
Sections and subsections that are not amended by this Ordinance are not included below and shall remain in full force and effect.
1 — Adoption by reference,
The “2022 California Existing Building Code” is hereby adopted by reference as the Existing Building Code of the City of East Palo Alto. All references to jurisdictional requirements are found in the East Palo Alto Municipal Code or other appropriate schedules.
SECTION 6: CHAPTER 15.16 OF THE EAST PALO ALTO MUNICIPAL CODE The existing Chapter 15.16 of the East Palo Alto Municipal Code is hereby amended to read as follows.
Sections and subsections that are not amended by this Ordinance are not included below and shall remain in full force and effect.
15.16.010 — Adoption by reference.
The “2022 California Plumbing Code” is hereby adopted by reference as the Plumbing Code of the City of East Palo Alto. All references to jurisdictional requirements are found in the East Palo Alto Municipal Code or other appropriate schedules.
15.16.020 — Appendices.
The following appendices of the 2022 California Plumbing Code are hereby adopted:
• Appendix J: Combination of Indoor and Outdoor Combustion and Ventilation Opening Designs • Appendix K: Potable Rainwater Catchment Systems
• Appendix L: Sustainable Practices
• Appendix M: Peak Water Demand Calculator
SECTION 7: CHAPTER 15.20 OF THE EAST PALO ALTO MUNICIPAL CODE Chapter 15.20 of the East Palo Alto Municipal Code is hereby amended to read as follows. Sections and subsections that are not amended by this Ordinance are not included below and shall remain in full force and effect.
5 15.20.010 — Adoption by reference.
The " 2022 California Mechanical Code" is hereby adopted by reference as the Mechanical Code of the City of East Palo Alto. All references to jurisdictional requirements are found in the East Palo Alto Municipal Code or other appropriate schedules.
15.20.020 – Appendix.
The following appendices of the 2022 California Mechanical Code are hereby adopted:
• Appendix A: Residential Plan Examiner Review Form
• Appendix B: Procedures to be Followed to Place Gas Equipment in Operation • Appendix C: Installation and testing of Oil (Liquid) Fuel-Fired Equipment • Appendix D: Fuel Supply: Manufactured/Mobile Home Parks and Recreational Vehicle Parks • Appendix E: Sustainable Practices
• Appendix F: Geothermal Energy Systems
• Appendix G: Sizing of Venting Systems and Outdoor Combustion and Ventilation Opening Design
SECTION 8: CHAPTER 15.25 OF THE EAST PALO ALTO MUNICIPAL CODE Chapter 15.25 of the East Palo Alto Municipal Code is hereby amended to read as follows. Sections and subsections that are not amended by this Ordinance are not included below and shall remain in full force and effect.
15.25.010 — Adoption by reference.
The “2022 California Energy Code” is hereby adopted by reference as the Energy Code of the City of East Palo Alto. All references to jurisdictional requirements are found in the East Palo Alto Municipal Code or other appropriate schedules.
SECTION 9: CHAPTER 15.30 OF THE EAST PALO ALTO MUNICIPAL CODE Chapter 15.30 of the East Palo Alto Municipal Code is hereby amended to read as follows. Sections and subsections that are not amended by this Ordinance are not included below and shall remain in full force and effect.
15.30.010 — Adoption by reference.
The “2022 California Historical Building Code” is hereby adopted by reference as the Historic Building Code of the City of East Palo Alto. All references to jurisdictional requirements are found in the East Palo Alto Municipal Code or other appropriate schedules.
SECTION 10: CHAPTER 15.58 OF THE EAST PALO ALTO MUNICIPAL CODE Chapter 15.58 of the East Palo Alto Municipal Code is hereby amended to read as follows. Sections and subsections that are not amended by this Ordinance are not included below and shall remain in full force and effect.
15.58.010 — Adoption by reference.
The “2022 California Fire Code” is hereby adopted by reference as the Fire Code of the City of East Palo Alto. All references to jurisdictional requirements are found in the East Palo Alto Municipal Code or other appropriate schedules.
15.58.020 —Ratification.
Menlo Park Fire Protection District Ordinance No. 44-2022 is hereby ratified and adopted by reference as a local amendment to the “2022 California Fire Code.” SECTION 11: SECTION 15.32.010 OF THE EAST PALO ALTO MUNICIPAL CODE Section 15.32.010 of the East Palo Alto Municipal Code is hereby amended to read as follows.
15.32.010 - Uniform Code for the Abatement of Dangerous Buildings.
The code of rules and regulations known and designated as the “Uniform Code for Abatement of Dangerous Buildings,” 1997 Edition, published by the International Conference of Building Officials, to provide a just, equitable and practical method, to be cumulative to, with and in addition to, any other remedy provided by the building code, housing code, or otherwise available at law, whereby buildings or structures which from any cause endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupant, may be required to repair, vacate or abate, and applies to all dangerous buildings, as defined in this chapter, which are now in existence or which may hereafter become dangerous in the city, printed in book form and filed in the office of the clerk of the city council of the city, is adopted and by reference incorporated in this chapter as if fully set forth, as the abatement code of the city.
SECTION 12: INTERPRETATION
In interpreting and applying the provisions of this ordinance, the requirements contained herein are declared to be minimum requirements for the purposes set forth. The provisions of this ordinance insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations and not as new enactments. This ordinance shall not nullify the more restrictive provisions of covenants, agreements or other ordinances or laws, but shall prevail as to such provisions which are less restrictive.
SECTION 13: CONSTITUTIONALITY AND SEVERABILITY
If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held by a court of competent jurisdiction to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council of the City of East Palo Alto declares that it would have passed this ordinance and every section, subsection, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared unconstitutional.
7 SECTION 14: EXEMPTION FROM CEQA
The City Council finds, pursuant to Title 14 of the California Code of Regulations, Section 15061(b)(3), that 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.
SECTION 15: EFFECTIVE DATE.
This ordinance shall become effective and in full force and effect thirty days after its adoption.
SECTION 16: PUBLICATION.
The City Clerk shall cause this ordinance to be published according to legal requirements.
Introduced at a regular meeting of the City Council held October 18, 2022 PASSED AND ADOPTED this 6th day of December 2022, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Ruben Abrica, Mayor
ATTEST: APPROVE AS TO FORM:
_______________________________ ________________________________ James Colin, City Clerk Valerie J. Armento, Interim City Attorney