City of Los Altos
City Council Regular Meeting Minutes
September 30, 2025
DISCUSSION ITEMS
8. Program Implementation - Drone as a First Responder
Authorize staff to move forward with the development and implementation of a Drone as First Responder (DFR) Program to enhance emergency response capabilities, improve situational awareness for first responders and promote public safety Kathryn Krauss, Police Captain, presented the report.
The following members of the public spoke regarding the item:
• Brian Jones
• Pierre Bedard
The City Council authorized staff to move forward with the development and implementation of a Drone as a First Responder (DFR) Program to enhance emergency response capabilities, improve situational awareness for first responders and promote public safety. No motion taken.
INFORMATIONAL ITEMS / COUNCIL Q&A
9. Tentative Council Calendar and Housing Element Update Implementation Calendar
10. 09-30-2025 Council QA
COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS • Jonathan D. Weinberg, Councilmember – Requested a future agenda item:
o Adopt a Resolution recognizing United Against Hate Week (Supported by Fligor and Lang)
ADJOURNMENT – The regular meeting adjourned at 10:15 p.m. in honor of Los Altos resident and long-time community volunteer Pinky Whelan.
The meeting minutes were prepared by Melissa Thurman, City Clerk, for approval at the regular meeting on October 14, 2025.
_________________________________ __________________________________ Pete Dailey Melissa Thurman, MMC
Mayor City Clerk
The September 30, 2025, City Council meeting recording may be viewed via the following external website: https://www.youtube.com/@CityofLosAltosCA
City of Los Altos
City Council Regular Meeting Minutes
September 30, 2025
The City of Los Altos does not own or operate YouTube. The video referenced in these minutes was live at the time the minutes were published.
City Council Staff Report
Meeting Date: October 14, 2025
Prepared By: Melissa Thurman
Approved By: Gabe Engeland
Subject: Adopt a Resolution Designating the City Council Meetings of November 18, 2025 and December 2, 2025 as Regular Meeting Dates in Accordance with Los Altos Municipal Code Section 2.04.010 "Meetings."
COUNCIL PRIORITY AREA
General Government
RECOMMENDATION
Adopt a Resolution Designating the City Council Meetings of November 18, 2025 and December 2, 2025 as Regular Meeting Dates in Accordance with Los Altos Municipal Code Section 2.04.010 "Meetings."
ENVIRONMENTAL IMPACT
N/A
FISCAL IMPACT
N/A
PREVIOUS COUNCIL CONSIDERATION
On April 8, 2025, staff presented the City Council with an ordinance amendment to Section
2.04.010 “Meetings.” of the Los Altos Municipal Code, which would allow regular meeting dates to be moved to alternate dates, by resolution adoption. The ordinance was adopted on April 8, 2025.
BACKGROUND
At the November 12, 2024 City Council meeting, the City Council adjusted their annual calendar to create two special meetings at the end of 2025. The special meeting of November 18, 2025 was created due to a city closure on November 11, 2025, a regular City Council meeting day, in recognition of Veterans Day.
The special meeting of December 2, 2025 was approved, as this is typically when the City Council conducts their reorganization meetings. However, the City Council reorganization date will be held during the regular meeting of December 9, 2025. To allow for business to be conducted, and to not interrupt the reorganization ceremony, staff is requesting the meeting date of December 2nd be changed to a regular meeting.
Adoption of the attached resolution will designate the meetings of November 18 and December
2, 2025 as regular meetings of the City Council.
ANALYSIS
N/A
DISCUSSION
N/A
ATTACHMENTS
1. Attachment 1
2. Attachment 2
Resolution 2025-75 1
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS DESIGNATING THE CITY COUNCIL MEETINGS OF NOVEMBER 18 AND DECEMBER 2, 2025 AS REGULAR MEETINGS IN ACCORDANCE WITH LOS ALTOS MUNICIPAL CODE SECTION 2.04.010 “MEETINGS.”
WHEREAS, Section 2.04.010 “Meetings.” of the Los Altos Municipal Code details regular and special meetings of the City Council; and
WHEREAS, on April 8, 2025, the City Council adopted Ordinance 2025-524, amending Section
2.04.010 “Meetings.” of the Los Altos Municipal Code, allowing for exceptions to regular and special meeting designations; and
WHEREAS, the City Council may change the day and/or time of a regular or special meeting by resolution; and
WHEREAS, on November 12, 2024 the City Council approved two special meetings in late 2025, on November 18th and December 2nd; and
WHEREAS, the regular meeting of November 11, 2025 was cancelled due to a city closure in recognition of Veterans Day, and a special meeting on November 18th was created in its place; and
WHEREAS, December 2nd is a special meeting date typically reserved for the City Council ReOrganization meeting; and WHEREAS, the 2025 City Council Reorganization meeting will be held during the regular meeting of December 9, 2025.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos does hereby designates the City Council meetings of November 18 and December 2, 2025 as regular meetings.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 14th day of October, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
Pete Dailey
Mayor
ATTEST:
_________________________
Melissa Thurman, MMC
City Clerk
Ordinance 2025-524 1
ORDINANCE NO. 2025-524
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS AMENDING CHAPTER 2, SECTION 2.04.010 OF THE LOS ALTOS MUNICIPAL CODE “MEETINGS.”
WHEREAS, the Ralph M. Brown Act requires the City Council to set the place and time of its regular meetings “by ordinance, resolution, bylaws, or whatever other rules is required for the conduct of business”; and
WHEREAS, the City of Los Altos last amended the ordinance which set the regular meeting date and time schedule in 2012 as Ordinance No. 2012-376; and WHEREAS, the amendment to Section 2.04.010 aims to provide more liberties to the City Council in creating and/or canceling meetings; and
NOW, THEREFORE, the City Council of the City of Los Altos does hereby ordain as follows:
SECTION 2.04.010. AMENDMENT OF CHAPTER 2 OF THE MUNICIPAL CODE.
Chapter 2, Section 2.04.010 is hereby amended in the Los Altos Municipal Code as set forth in Appendix A to this Ordinance.
SECTION 2. CONSTITUTIONALITY; AMBIGUITIES. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions hereof. Any ambiguities in the Los Altos Municipal Code created by this Ordinance shall be resolved by the City Clerk, in their reasonable discretion, after consulting the City Attorney.
SECTION 3. EFFECTIVE DATE. This Ordinance shall be effective upon the commencement of the thirty-first day following the adoption hereof.
---
Ordinance 2025-524 2
The foregoing Ordinance was duly and properly introduced at a regular meeting of the City Council of the City of Los Altos held on March 25, 2025, and was thereafter, at a regular meeting held on April 8, 2025, passed and adopted by the following vote:
AYES: Dailey, Fligor, Lang, Meadows, Weinberg
NOES:
ABSENT:
ABSTAIN:
___________________________________
Pete Dailey
MAYOR
Attest:
____________________________
Melissa Thurman, MMC
City Clerk
Melissa Thurman (May 21, 2025 09:07 PDT) Page 176 of 658 Ordinance 2025-524 3
2.04.010 Meetings.
A. The council shall hold its regular meetings in the community meeting chambers located at One North San Antonio Road, Los Altos, California on the second and fourth Tuesday of each month at 7:00 p.m. A special meeting of the city council may be called at any time by the mayor, or by a majority of the members of the city council, in accordance with state law. Any meeting of the city council may be cancelled in advance by majority vote of the council. The mayor may cancel a meeting in the case of an emergency or when a majority of members have confirmed in writing their unavailability to attend a meeting.
B. Exception. The city council may from time to time, by resolution, change the day and/or time of a regular or special meeting or meetings as provided in subsection A of this section. If the city council so elects, a resolution shall be adopted which clearly states the duration of the change, or if no termination is stated, the revised start time shall prevail until altered by a resolution of the city council.
Ordinance 2025-524 - Meeting Dates
Final Audit Report 2025-05-21
Created: 2025-05-20
By: Taylor Soleno ([email protected])
Status: Signed
Transaction ID: CBJCHBCAABAAR6UheOHOfg99_x57kkGYI5KHhUcK6VVH "Ordinance 2025-524 - Meeting Dates" History
Document created by Taylor Soleno ([email protected]) 2025-05-20 - 0:47:47 AM GMT- IP address: 12.202.14.68
Document emailed to [email protected] for signature 2025-05-20 - 0:48:15 AM GMT
Email viewed by [email protected]
2025-05-20 - 6:03:50 AM GMT- IP address: 104.28.123.101 Signer [email protected] entered name at signing as Pete Dailey 2025-05-21 - 3:39:48 PM GMT- IP address: 99.144.119.125 Document e-signed by Pete Dailey ([email protected]) Signature Date: 2025-05-21 - 3:39:50 PM GMT - Time Source: server- IP address: 99.144.119.125 Document emailed to Melissa Thurman ([email protected]) for signature 2025-05-21 - 3:39:51 PM GMT
Email viewed by Melissa Thurman ([email protected]) 2025-05-21 - 4:07:42 PM GMT- IP address: 12.202.14.68
Document e-signed by Melissa Thurman ([email protected]) Signature Date: 2025-05-21 - 4:07:51 PM GMT - Time Source: server- IP address: 12.202.14.68 Agreement completed.
2025-05-21 - 4:07:51 PM GMT
City Council Staff Report
Meeting Date: October 14, 2025
Prepared By: Melissa Thurman
Approved By: Gabe Engeland
Subject: Adopt a Resolution recognizing October 19 - 25, 2025 as United Against Hate Week
COUNCIL PRIORITY AREA
General Government
RECOMMENDATION
Adopt a Resolution recognizing October 19 - 25, 2025 as United Against Hate Week
ENVIRONMENTAL IMPACT
N/A
FISCAL IMPACT
N/A
PREVIOUS COUNCIL CONSIDERATION
N/A
BACKGROUND
During the regular meeting of September 30, 2025, Councilmember Jonathan D. Weinberg requested a future agenda item for a resolution recognizing United Against Hate Week. This request was supported by Councilmember Lang and Vice Mayor Fligor.
ANALYSIS
N/A
DISCUSSION
United Against Hate is a non-profit organization whose aim is to promote religious tolerance, greater economic security and stand against racism and division in local communities. Founded in 2017, a poster campaign in the Bay Area began, in response to rallies organized by hate groups in other parts of the country. The movement was popular, and spread to a nationwide campaign in 2018, and has expanded to a national "United Against Hate Week", in October of each year.
ATTACHMENTS
1. Attachment 1
Resolution No. 2025-
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS RECOGNIZING “UNITED AGAINST HATE WEEK” AS
OCTOBER 19 – 25, 2025
WHEREAS, “United Against Hate Week” is October 19 – 25, 2025; and WHEREAS, the "United Against Hate Week" campaign embodies our collective commitment to foster an environment where every member of our community can live, work, and flourish without fear of hatred; and
WHEREAS, the City of Los Altos stands for diversity, inclusivity, and respect for all, irrespective of race, ethnicity, religion, gender, sexual orientation, disability, or any other characteristic; and
WHEREAS, we reject hate, discrimination, and violence, and pledge to stand up against hate and support victims of hate incidents; and
WHEREAS, we celebrate the richness of our diverse community and the strength it brings to our city; and
WHEREAS, we encourage open dialogue and respectful conversations to bridge divides and promote understanding.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby recognizes October 19 – 25, 2025 as “United Against Hate Week”.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 14th day of October 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Pete Dailey, MAYOR
Attest:
__________________________________
Melissa Thurman, MMC
City Clerk
City Council Staff Report
Meeting Date: October 14, 2025
Prepared By: Jane Hou
Approved By: Gabe Engeland
Subject: Adoption of Resolutions - Addendum No. 13 to Regional Water Quality Control Plant Basic Agreement
COUNCIL PRIORITY AREA
Environmental Sustainability
General Government
RECOMMENDATION
Two actions for Council consideration:
• Adopt a Resolution Authorizing the City Manager to Execute Addendum No.13 to the Regional Water Quality Control Plant Basic Agreement between the City of Palo Alto, the City of Mountain View, and the City of Los Altos; and find that the Council’s action is exempt from review under CEQA pursuant to CEQA Guidelines Section 15301 and that none of the circumstances in CEQA Guidelines Section 15300.2 applies; and • Adopt a Resolution for the appropriation of $281,911 to the Sewer Operating Fund
ENVIRONMENTAL IMPACT
The construction of this project is exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301, subsection (b), as it involves the repair and maintenance of an existing publicly owned utility used to provide sewerage treatment services with no expansion on the existing facility. A Notice of Exemption was submitted to the Santa Clara Clerk-Recorder’s office and was recorded on August 7, 2023 (File No. ENV24700).
FISCAL IMPACT
The current estimated total project construction costs contributed by the contributing partner agency for the Joint Intercepting Sewer Rehabilitation (Phase 1) project are summarized in the table below.
Contributing Partner
Agency
Cost
Sharing
Mountain View $6,726,000
Palo Alto $3,141,000
Los Altos $1,658,000
Los Altos Hills $425,000
East Palo Alto Sanitary
District
$268,000
Stanford University $310,000
Total: $12,528,000
The cost share amount for the City of Los Altos was recently updated from $1,262,089, approved on November 28, 2023, to $1,658,000 as communicated at the Partners’ Meeting on September 8, 2025 and presented on September 22, 2025. The increase in the total project costs is based on various factors explained in the background section of this report.
To cover the increase of $395,911 for the City of Los Altos’ share amount, an additional appropriation will need to be allocated to the sewer operating budget account # 03042200-5270 in FY25/26.
During the budget preparation in the Spring of 2025, the City of Palo Alto asked the City of Los Altos to include $114,000 for additional costs related to the construction delay of the Joint Intercepting Rehabilitation Project (Phase 1). This amount of $114,000 was included in the adopted budget. However, it is not sufficient to cover the updated increase of $395,911 presented on September 22nd. For this reason, an appropriation of $281,911 is necessary at this time.
PREVIOUS COUNCIL CONSIDERATION
• June 26, 2012 – Oral presentation from the City of Palo Alto regarding the Final Draft report of the Long-Range Facilities Plan for the RWQCP for informational purposes only.
• February 23, 2016 – Approval of Addendum 8 for the design of the Primary Sedimentation Tank Rehabilitation and Secondary Treatment Upgrades Projects. • May 26, 2020 – Approval of Addendum No. 10 for constructing the Primary Sedimentation Tank Rehabilitation Project.
• November 29, 2022 – Approval of Addendum No. 11 for constructing the Primary Sedimentation Tank Rehabilitation and the Secondary Treatment Upgrade Projects. • November 28, 2023 – Approval of Addendum No. 12 for the Acquisition, Construction, and Maintenance of a Joint Sewer System
BACKGROUND
The Joint Intercepting Sewer (JIS) is a 72-inch diameter reinforced concrete trunk sewer constructed in 1972. It extends approximately 9,000 feet parallel to Highway 101, through the Baylands Nature Preserve and along the closed City of Palo Alto landfill, before discharging into the Palo Alto Regional Water Quality Control Plant (RWQCP). The JIS conveys wastewater from Mountain View, Los Altos, Los Altos Hills, and a portion of Palo Alto, representing more than half of the RWQCP’s influent flow.
A 2020 field investigation, which included closed-circuit television, sonar, and visual inspection, revealed corrosion, cracks, exposed rebar, and other structural defects. Based on those findings, the highest-priority 2,364-foot section of pipe was selected for rehabilitation as Phase 1 of the JIS Rehabilitation Project.
On May 16, 2022, the Palo Alto Council approved a contract with Jacobs Engineering Group for design services. On December 11, 2023, the Palo Alto Council approved Addendum No. 12 to the Basic Agreement between Palo Alto, Mountain View, and Los Altos, which set a maximum project cost of $8.9 million and authorized related construction and construction management contracts. Construction began in 2024. During implementation, unforeseen field conditions, complications with bypass pumping, and additional structural evaluation of critical infrastructure (e.g., Junction Box JB-0) increased project costs beyond the previously authorized maximum project cost amount. On June 9, 2025, the Palo Alto Council approved amendments to related contracts for Jacobs Engineering Group, Inc., Tanner Pacific, Inc., and Carollo Engineers, Inc. to support continued engineering and construction management services through the extended schedule. On August 11, 2025, the Palo Alto Council approved an increase to the construction contingency to address these issues.
ANALYSIS
N/A
DISCUSSION
Addendum No. 13 (Attachment 2) is required to increase the maximum authorized project cost and update the not-to-exceed amounts for partner contributions under the Basic Agreement.
Addendum No. 13 will go to the City of Mountain View and the City of Los Altos’ city councils on October 14, 2025, for their approval. The City of Palo Alto’s agreement with the town of Los Altos Hills does not require approval for capital improvement projects.
Without this addendum, the three (3) cities would lack the necessary budget authority to complete the project. The addendum reflects cost increases due to construction market escalation, unforeseen field conditions, and extended construction management needs.
Stakeholder Engagement
This project is part of the RWQCP’s major capital improvement program, which is funded by Palo Alto and the five additional partner agencies that use the RWQCP for wastewater treatment. Mountain View and Los Altos have been regularly updated on the need for and progress of wastewater capital work. Updates are provided each year at an annual meeting and at other periodic meetings established to inform Mountain View and Los Altos staff about the major capital improvement program.
ATTACHMENTS
1. Attachment 1
2. Attachment 2
3. Attachment 3
ATTACHMENT 1
RESOLUTION NO. 2025-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS AUTHORIZING THE CITY MANAGER TO EXECUTE ADDENDUM NO. 13 TO THE
REGIONAL WATER QUALITY CONTROL PLANT BASIC AGREEMENT BETWEEN
THE CITY OF PALO ALTO, THE CITY OF MOUNTAIN VIEW, AND THE CITY OF
LOS ALTOS FOR THE ACQUISITION, CONSTRUCTION, AND MAINTENANCE OF
THE JOINT SEWER SYSTEM
WHEREAS, the City of Palo Alto and the City of Los Altos have entered a Joint Sewer System Agreement and subsequent addenda No. 1 through No. 12; and WHEREAS, Addendum No. 13 will fund the additional costs related to the construction delay, construction market escalation, unforeseen field conditions, and extended construction management needs for the Joint Interceptor Project. The original budget for this major CIP project was approved under Addendum No. 12; and
WHEREAS, Addendum No. 13 includes the updated cost-sharing amounts for the contributing partner agencies; and
WHEREAS, the construction of this project is exempt from review under the California Environmental Quality Act for reasons stated in the staff report; NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos does hereby:
1. Finds that the foregoing recitals are true and correct.
2. Authorizes the City Manager to execute Addendum No. 13 to the Regional Water Quality Control Plant Basic Agreement between the cities of Palo Alto, Mountain View, and Los Altos to fund the additional funds needed to complete the rehabilitation of the Joint Interception Sewer Rehabilitation Phase 1 Project.
3. Authorizes the City Manager to take such further actions as may be necessary to implement the foregoing agreement.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 14th day of October 2025, by the following vote:
ATTACHMENT 1
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
Pete Dailey, MAYOR
ATTEST:
_________________________
Melissa Thurman, MMC CITY CLERK
ATTACHMENT 2
RESOLUTION NO. 2025-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS ALLOCATING ADDITIONAL FUNDING IN THE AMOUNT OF $373,911 INTO FISCAL YEAR 2025/26 SEWER OPERATING BUDGET FOR THE
COMPLETION OF THE JOINT INTERCEPTING SEWER REHABILITATION PROJECT (PHASE 1)
WHEREAS, the City of Palo Alto and the City of Los Altos have entered a Joint Sewer System Agreement and subsequent addenda No. 1 through No. 12; and WHEREAS, the current CIP project does not have sufficient funds to complete the project as specified in Addendum No. 12; and
WHEREAS, Addendum No. 13 will fund the additional costs of $281,911 for the City of Los Altos’ cost share related to the construction delay, construction market escalation, unforeseen field conditions, and extended construction management needs for the Joint Interceptor Project. The original budget for this major CIP project was approved under Addendum No. 12; and
WHEREAS, the construction of this project is exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines Section 15301, subsection (b), as it involves the repair and maintenance of an existing publicly owned utility used to provide sewerage treatment services with no expansion on the existing facility. A notice of Exemption was submitted to the Santa Clara Clerk-Recorder’s office and was recorded on August 7, 2023 (File No. ENV24700); and
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby allocates additional funding in the amount of $281,911 into the Fiscal Year 2025/26 Sewer Operating Budget for the completion of the Joint Intercepting Sewer Rehabilitation Project (Phase 1).
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 14th day of October 2025, by the following vote:
ATTACHMENT 2
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Pete Dailey, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC, CITY CLERK
ADDENDUM NO. THIRTEEN TO THE BASIC AGREEMENT BETWEEN THE CITY
OF PALO ALTO, THE CITY OF MOUNTAIN VIEW, AND THE CITY OF LOS ALTOS
FOR THE ACQUISITION, CONSTRUCTION AND MAINTENANCE OF A JOINT
SEWER SYSTEM
This Addendum No. Thirteen (13) to the Basic Agreement for the Acquisition, Construction and Maintenance of a Joint Sewer System is made and entered into on TBD, 2025, by and among the CITY OF PALO ALTO (“Palo Alto”), the CITY OF MOUNTAIN VIEW (“Mountain View”), and the CITY OF LOS ALTOS (“Los Altos”) (individually, a “Party”, collectively, the “Parties”), all municipal corporations under the laws of the State of California.
RECITALS
A. The Parties have entered into that certain Basic Agreement Between the City of Palo Alto, the City of Mountain View and the City of Los Altos for the Acquisition, Construction, and Maintenance of a Joint Sewer System, executed on October 10, 1968, as amended by the Addenda described below (collectively, the “Basic Agreement”). The Basic Agreement has been amended twelve times by addenda, as follows:
1. Addendum No. One (1) to Basic Agreement Between the Cities of Palo Alto, Mountain View, and Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System, dated as of December 5, 1977;
2. Addendum No. Two (2) to Basic Agreement Between the Cities of Palo Alto, Mountain View, and Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System dated as of January 14, 1980;
3. Addendum No. Three (3) to an Agreement By and Between the Cities of Palo Alto, Mountain View, and Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System, dated as of April 9, 1985;
4. Addendum No. Four (4) to the Agreement By and Between the Cities of Mountain View, Los Altos, and Palo Alto as further amended and dated May 30, 1991;
5. Addendum No. Five (5) to Basic Agreement Between the Cities of Palo Alto, Mountain View, and Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System, dated as of July 31, 1992;
6. Addendum No. Six (6) to Basic Agreement Between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System dated as of March 16, 1998;
7. Addendum No. Seven (7) to Basic Agreement Between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for Acquisition, Construction and Maintenance of a Joint Sewer System dated as of April 15, 2009;
8. Addendum No. Eight (8) to the Basic Agreement between the City of Palo Alto, the City of Mountain View and the City of Los Altos for the Acquisition, Construction, and Maintenance of a Joint Sewer System dated as of October 17, 2016;
9. Addendum No. Nine (9) to the Basic Agreement between the City of Palo Alto, the City of Mountain View and the City of Los Altos for the Acquisition, Construction and Maintenance of a Joint Sewer System dated March 4, 2019;
10. Addendum No. Ten (10) to the Basic Agreement between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for the Acquisition, Construction and Maintenance of a Joint Sewer System dated May 17, 2021;
11. Addendum No. Eleven (11) to the Basic Agreement between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for the Acquisition, Construction and Maintenance of a Joint Sewer System dated December 5, 2022;
12. Addendum No. Twelve (12) to the Basic Agreement between the City of Palo Alto, the City of Mountain View, and the City of Los Altos for the Acquisition, Construction and Maintenance of a Joint Sewer System dated December 11, 2023 (collectively, the “Addenda”).
B. Palo Alto owns and operates the sanitary sewage treatment and disposal works and system (the “Joint System”) pursuant to the Basic Agreement and is responsible for making capital additions to the Joint System. Under the Basic Agreement, any major capital additions for the replacement of obsolete or worn-out units require an agreement by the Parties amending the Basic Agreement.
C. Pursuant to Addendum No. Twelve (12), the Parties approved the construction of the Joint Interceptor Sewer Rehabilitation Phase 1 Project. Since then, the estimated costs of the Project have increased due to factors including design engineering, construction management, program management, and construction expenses.
D. The Parties now desire to increase the amount authorized for the construction of the Joint Interceptor Sewer Rehabilitation Phase 1 Project to reflect increases in Project Costs as defined in Paragraph 43 of the Basic Agreement.
AGREEMENT
NOW, THEREFORE, in consideration of the terms, conditions and covenants set forth in this Addendum No. Thirteen (13), the Basic Agreement is hereby amended, as follows:
Section 1. Paragraph 44 is hereby added to the Basic Agreement to read, as follows:
“44. INCREASED PROJECT COSTS FOR THE JOINT INTERCEPTOR SEWER REHABILTIATION PHASE 1 PROJECT. The maximum amount of the Project Costs for the Joint Interceptor Sewer Rehabilitation Phase 1 Project described in paragraph 43 is increased from $8.9 million to $13.6 million.
Each Party shall pay its share of the Project Costs for the Project, excluding bypass pumping costs inside the Plant, in the proportion to the capacity rights in the Joint System with an increased not-to-exceed amount from $7.0 million to $7.7 million as previously established and presented herein:
• Mountain View 62.50%
• Palo Alto 18.24%
• Los Altos 15.00%
• Los Altos Hills 4.26%
Bypass pumping costs within the Plant shall continue to be allocated based on the annual flow share calculated at the end of each fiscal year, in accordance with Paragraph 43.
Section 2. Except as modified herein, the Basic Agreement shall remain unchanged, and is hereby ratified and confirmed.
[SIGNATURE PAGE FOLLOWS]
IN WITNESS WHEREOF, the parties have by their duly authorized representatives executed this Addendum as of the date first written above.
SIGNATURE PAGE:
CITY OF PALO ALTO CITY OF MOUNTAIN VIEW
APPROVED:
__________________________ __________________________
Mayor Kimbra McCarthy, City Manager
__________________________ __________________________
Date Date
____________________________ ATTEST:
City Manager
__________________________
ATTEST: Heather Glaser, City Clerk
____________________________ APPROVED AS TO CONTENT:
City Clerk
__________________________
Jennifer Ng, Public Works Director
____________________________
APPROVED AS TO FORM: ____________________________
Date
____________________________
City Attorney or Designee FINANCIAL APPROVAL:
____________________________
Date ____________________________
Derek Rampone
Finance and Administrative Services Director
APPROVED AS TO FORM:
____________________________
Mitesh Bhakta
Senior Assistant City Attorney
____________________________
Date
//
//
//
CITY OF LOS ALTOS
BY:
____________________________
City Manager
Gabriel Engeland
____________________________
Date
ATTEST:
__________________________
City Clerk
Melissa Thurman, MMC
____________________________
Date
APPROVED AS TO FORM:
____________________________
City Attorney
Jolie Houston
____________________________
Date
City Council Staff Report
Meeting Date: October 14, 2025
Prepared By: Vency Woo
Approved By: Gabe Engeland
Subject: Adoption of Resolution - Annual Streets Resurfacing Project
COUNCIL PRIORITY AREA
Public Safety
Business Communities
Circulation Safety and Efficiency
General Government
Housing
RECOMMENDATION
Adoption a Resolution authorizing the City Manager to execute a professional services agreement with BKF Engineers for the FY2025-2026 Annual Street Resurfacing Project in the amount of $258,643.00 and authorize a project contingency of $25,864.00 for a total project amount not to exceed $284,507
ENVIRONMENTAL IMPACT
The approval of a professional service agreement for annual street resurfacing project design is exempt from environmental review pursuant to the California Environmental Quality Act (CEQA) Section 15301(c).
FISCAL IMPACT
FY2025/2026 annual budget, Council budgeted $2,768,946.00 for the Annual Street Resurfacing Project (TS-01001) and $970,000 for the Annual Street Slurry Seal Project (TS-01004). The awarding of the design contract project to BKF Engineers will not have an adverse impact on the project budget. Both projects are sufficiently funded, and no additional funding is anticipated.
PREVIOUS COUNCIL CONSIDERATION
N/A
BACKGROUND
N/A
ANALYSIS
N/A
DISCUSSION
Staff prepared a multi-year list of streets requiring resurfacing before they deteriorate beyond
repair. The complete list of streets was presented to the Complete Streets Commission on September 25, 2024, with no opposition from the Commissioners or the public to the multi-year project list recommended by staff. The multi-year list of street resurfacing will cover fiscal years up to FY2028. The purpose of preparing a multi-year list is to establish priorities and set longterm goals for maintaining existing streets with anticipated annual funding. The list was developed based on the Council’s priority, with emphasis placed first on safe routes to school, followed by street classification, Pavement Condition Index (PCI), and the need for maintenance and re-stripping.
On July 31, 2025, the Request for Proposals (RFP) was advertised on PlanetBids, with a submission deadline of August 21, 2025. The scope of work for this professional engineering design service includes surveying and preparing a design to upgrade existing corner ramps to meet current ADA requirements; providing a core sample of existing roads listed on the mill and overlay; and preparing technical plans and specifications for the FY 25-26 Annual Streets Project. The proposed streets will implement recommendations from the Complete Street Master Plan when practical.
The FY2025-2026 Annual Street Resurfacing project locations are shown below:
FY2025-2026 Mill and Overlay
Street Name Begin End Road
Classification
Safe
Routes to
School
Current
PCI
1 Oakhurst Ave Fremont Ave Portland Ave Residential Y 45 2 Formway Ct Almond Ave End Residential N 40
3 Gabilan St Cuesta Dr Lyell St Residential N 44
4 Hawthorne Ave Eleanor Ave El Monte Ave Residential N 43 5 Larnel Pl Granger Ave End Residential N 43
6 Solana Dr Almond Ave End Residential N 40
7 St Charles Ct St Matthew Way End Residential N 44
8 Traverso Ct Traverso Ave End Residential N 48
9 Carvo Ct Portland Ave End Residential N 43
10 Casita Ct Casita Way End Residential N 41
11 Otis Wy Mills Ave End Residential N 41
12 Springer Rd 905 Springer Rd Rosita Ave Collector Y 57 13 S Clark Ave Cuesta Dr El Monte Ave Residential Y 48
14 Grant Park Ln Holt Ave End Residential N 48
FY2025-2026 Slurry Seal (Micro-Surfacing)
Street Name Begin End Road
Classification
Safe Routes
to School
Current
PCI
1 Santa Rita Ave Los Altos Ave W Portola Ave Residential Y 70 2 Santa Rita Ave W Portola Ave End Residential Y 74
3 W Portola Ave Dixon Way Los Altos Ave Residential Y 70 4 Kent Dr Regent Dr Andover Wy Residential Y 65
5 Kent Dr Andover Wy Stonehaven Dr Residential Y 58
6 Kent Dr St Joseph Ave Regent Dr Residential Y 61
7 St Joseph Ave Eva Ave End Residential Y 53
8 Morton Ave Newcastle Dr Grant Rd Residential Y 70
9 Grant Rd Fremont Ave 1335 Grant Rd Collector Y 69
The city received proposals from BKF Engineers, CSG Consultants, Inc., and Kimley-Horn and Associates, Inc. Staff reviewed all the proposals submitted by the August 21, 2025, deadline.
While all the proposals were impressive, the proposal from BKF Engineer appears to be best suited for the project based on their experience with the city, the experience of their staff on similar projects, and the project team that will be participating in the project.
ATTACHMENTS
1. Attachment 1
ATTACHMENT 1
RESOLUTION NO. 2025-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS
AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH BKF ENGINEERS FOR THE FY2025-2026 ANNUAL STREET RESURFACING PROJECT (TS-01001 AND TS-01004)
WHEREAS, the City has selected BKF Engineers to provide professional engineering design services; and
WHEREAS, the FY2025-2026 Council-approved Capital Improvement Projects (CIP) budget has adequate funding to fund the project; and
WHEREAS, BKF Engineers has proposed a fee amount for these services that requires the City Council approval pursuant to the Los Altos Purchasing Policy.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos does hereby adopt a resolution:
1. Authorize the City Manager to execute the agreement with BKF Engineers in an amount of $258,643.00 and authorize a project contingency of $25,864.00 for a contract total not to exceed $284,507.00 for the design of the FY2025-2026 Annual Resurfacing Project.
2. Authorize the City Manager to take such further actions as may be necessary to implement the foregoing agreement.
I HEREBY CERTIFY that the foregoing is a true and correct copy of a resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 14th day of October 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
Pete Dailey
Mayor
ATTEST:
ATTACHMENT 1
_______________________
Melissa Thurman, MMC
City Clerk
City Council Staff Report
Meeting Date: October 14, 2025
Prepared By: Stephanie Williams
Approved By: Gabe Engeland
Subject: Adopt Zoning Code Amendments - Historic Preservation & Mills Act
COUNCIL PRIORITY AREA
General Government
RECOMMENDATION
Adopt the three (3) draft ordinances which include:
• An Ordinance of the City Council of the City of Los Altos Adding Chapter 14.93 (Historic Preservation) to the Los Altos Municipal Code; and • An Ordinance of the City Council of the City of Los Altos Adding Chapter 14.95 (Mills Act Program) to the Los Altos Municipal Code; and
• An Ordinance of the City Council of the City of Los Altos Repealing in its Entirety Chapter 12.44 for Existing Historic Preservation Regulations; and • Find that the proposed amendments are exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines
ENVIRONMENTAL IMPACT
Zoning Code text amendments are exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), which states that CEQA applies only to projects which have the potential for causing a significant effect on the environment.
The Zoning Code text amendments can be seen with certainty that there is no possibility that the proposed action may result in a significant effect on the environment as the ordinance further implements State law and creates procedural requirements locally for how to do so.
Additionally, the proposed amendments are designed to preserve and protect existing and future historic resources of such structures that already exist today and do or will qualify as a historic resource within the City of Los Altos. The proposed revisions to the Zoning Code are exempt from further review under CEQA.
FISCAL IMPACT
There is no fiscal impact associated with the development of this ordinance. However, continuation of the approval of Mills Act Contracts with individual properties within the City does lower the tax base for qualifying properties which in return reduces the property taxes collected by the County of Santa Clara and dispersed to the City of Los Altos. Mills Act properties receive a 40-60% reduction in property taxes annually.
PREVIOUS COUNCIL CONSIDERATION
September 30, 2025
BACKGROUND
The Los Altos Municipal Code contains various regulations for items that include Historic Preservation. However, the Code does not include specific standards, processes or procedures for Mills Act Properties and the associated contracts for historic preservation.
The Historic Preservation Ordinance, as a part of this Agenda Item, aims to modernize and strengthen the process for identifying, designating, preserving, and regulating historic resources in the City of Los Altos. This update codifies existing best practices, integrates preservation into land use and development processes, and provides clear procedures and definitions for designations and alterations to historic properties. Much of the proposed ordinance language is consistent with existing standards within the Los Altos Municipal Code, but should be relocated from Title 12 (Building and Safety Code) to Title 14 (Zoning Code) and reorganized into its ordinance structure.
The proposed Mills Act Chapter introduces an economic incentive program authorized by California Government Code §§50280–50290. It allows owners of qualified historic properties to enter into contracts with the City for reduced property tax assessments in exchange for commitments to restore and maintain those properties according to preservation standards. The proposed ordinance largely codifies existing practice, which is enabled by State law. The integration of the proposed ordinance into the local code allows for consistency and integrity of the Mills Act program within the City.
ANALYSIS
Historic Preservation Ordinance:
The Ordinance establishes a comprehensive regulatory framework for designating properties as historic resources or landmarks based on criteria related to age, integrity, and significance.
Introduces formalized procedures for applications, reports, Historical Commission review, and City Council action. Defines a new Historic Alteration Permit process for review and approval of proposed changes to designated properties, ensuring compliance with the Secretary of the Interior’s Standards for the Treatment of Historic Properties. Identifies ordinary maintenance activities exempt from permit requirements and emphasizes the duty to maintain designated historic properties in good repair. Clarifies appeal rights, enforcement mechanisms, and the option for joint public hearings with other review authorities.
Mills Act Ordinance:
The draft Ordinance has been modeled after State law and incorporates all necessary provisions.
The Ordinance 1) establishes eligibility requirements for entering into historic property preservation contracts, limiting participation to properties designated on local, state, or national registers; 2) sets out a robust application process including a 10-year maintenance plan, cost estimates, photographs, proof of eligibility, and property tax assessment projections; 3) requires formal contract review and execution by the City Council, subject to compliance with applicable codes and preservation standards; 4) mandates periodic inspections and documentation (every five years) to ensure ongoing compliance with preservation obligations; and 5) includes
provisions for nonrenewal, amendment, and cancellation of contracts, consistent with state law and local enforcement authority.
As previously noted, the proposed Mills Act Ordinance is a codification of existing practices which are enabled by State law. The proposed ordinance further provides processes and procedures for review, approval, and enforcement of the Mills Act for the City of Los Altos.
Unless otherwise amended, existing Mills Act Contracts remain intact and unaltered with adoption of the proposed ordinance.
DISCUSSION
The revised Historic Preservation Ordinance and the new Mills Act Chapter function in tandem to preserve the City’s cultural and architectural heritage through both regulatory oversight and financial incentives. The operative framework provides the following:
• Designation to Protection: Properties must first be designated as Historic Resources (via the Historic Preservation Ordinance) to become eligible for Mills Act contracts. The preservation ordinance provides the process and criteria for such designation, ensuring resources meet thresholds of significance and integrity. • Alterations and Integrity: Once designated, any significant changes to a property must go through the Historic Alteration Permit process to protect character-defining features.
This ensures that physical modifications do not compromise historical integrity. • Financial Incentives and Long-Term Maintenance: The Mills Act contract offers a property tax reduction in exchange for a binding 10-year plan (which renews annually) to rehabilitate and maintain the historic property. City inspections verify ongoing compliance, while cancellation provisions protect the public interest and further ensure that a reduction in the property tax levy is only commensurate with the need to upgrade or restore the historic property.
• Enforcement and Oversight: Both ordinances include clear roles for staff, the Historical Commission, and the City Council in reviewing, approving, and enforcing regulations or contracts. Joint hearing procedures further streamline multi-authority reviews where necessary.
Planning Commission June 5th Meeting
On June 5, 2025, the Los Altos Planning Commission held a public hearing to consider the draft ordinances. During that meeting public testimony was received which identified concern over the requirement for interior inspection in addition to a required exterior inspection of a historic property with Mills Act Contract. The Planning Commission considered the public testimony and requested a modification to clarify what the interior inspection would entail. Additionally, during the commissioner discussion, it was identified that pursuant to Government Code Section 50281 interior and exterior inspections of historic properties with Mills Act Contracts is statutorily required. The draft Mills Act Program Ordinance was drafted consistent with the Office of Historic Preservation (OHP) Technical Assistance document.
Additionally, public testimony regarding the Historic Preservation Ordinance was received.
Comments were concerned that too much of the ordinance was being modified without
consideration of what was lost or what was retained in the drafted ordinance. A side-by-side comparison of red lines to the existing ordinance was requested by two members of the public.
Staff explained that since the Ordinance was being relocated from Title 12 to Title 14, and the Ordinance has been reorganized for ease of application of the code which would result in the entire existing ordinance being strikethrough and underlined.
The proposed ordinances were passed by a vote of 4-1. It is important to note that the one dissenting vote was cast on the basis that the commissioner believed the ordinances should have been sent to the Historical Commission for consideration.
The one dissenting vote by the Planning Commission gave staff the opportunity to re-evaluate the necessity for the proposed ordinances to be reviewed by the Historical Commission.
Ordinances contained within the Zoning Code are not legally required to be reviewed by any commission with the exception of the Planning Commission prior to consideration of the City Council. Pursuant to Section 2.12.030 the Historical Commission Review and comment upon existing or proposed ordinances, plans or policies of the city as they relate to historic resources. Since the Historic Preservation Ordinance and Mills Act Ordinance contain regulations for historic resources, staff agendized this item for Review and Comment by the Historical Commission.
Historical Commission August 18th Meeting
On August 18, 2025, the Los Altos Historical Commission held a meeting to review and comment on the proposed ordinances. The Historical Commission review concluded no objection to the moving of Historic Preservation Regulations from Title 12 to Title 14 as proposed. During that meeting, public testimony was received which identified various changes that should be made based on the public comment.
Meeting with Residents
On August 6, 2025, City Manager, Gabe Engeland, and Assistant City Manager, Nick Zornes met with four (4) residents, three (3) of which are owners of Historic Properties within the City and each hold Mills Act Contracts. During this meeting dialogue received informed potential modifications to the draft ordinances. Following the meeting a Summary of Comments was received on August 7, 2025; appropriate comments received were integrated into the draft ordinances which were reviewed by the Historical Commission.
On September 4, 2025, City Manager, Gabe Engeland, and Assistant City Manager, Nick Zornes met with three (3) residents, all of which are owners of Historic Properties within the City and each hold Mills Act Contracts. During this meeting City staff reviewed each issue, concern, or comment raised by the residents, and made changes based on the suggestions presented. Additional modifications to the proposed ordinances were integrated during the discussion with residents; all modifications identified in Blue and Underline are based on comments received and discussed at these meetings.
City Council September 30th Public Hearing
The City Council conducted a Public Hearing on September 30, 2025, received a presentation from staff, asked clarifying questions, received public testimony, and deliberated on the
proposed ordinances. The City Council introduced the three (3) draft ordinances with the modification of utilizing the June 5, 2025, Planning Commission draft ordinances. The City Council elected not to include the requested modifications of requested by public comments during the August 6, 2025, and September 4, 2025, meetings with residents.
ATTACHMENTS
1. Attachment 1
2. Attachment 2
3. Attachment 3
4. Attachment 4
5. Attachment 5
6. Attachment 6
1 ORDINANCE NO. 2025-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS ADDING CHAPTER 14.93 (HISTORIC PRESERVATION) TO THE LOS ALTOS MUNICIPAL CODE
WHEREAS, the City Council is empowered pursuant to Article XI, Section 7 of the California Constitution to make and enforce within the City all local, police, sanitary, and other ordinances, and regulations not in conflict with general laws; and WHEREAS, the City Council held a duly noticed public hearing on September 30, 2025, and October 14, 2025; and
WHEREAS, the amendments were processed in accordance with the applicable provisions of the California Government Code and the Los Altos Municipal Code; and WHEREAS, this Ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended, The Zoning Code text amendments can be seen with certainty that there is no possibility that the proposed action may result in a significant effect on the environment as the ordinance further implements State law and creates procedural requirements locally for how to do so. The proposed amendments are designed to preserve and protect existing and future historic resources of such structures that already exist today and do or will qualify as a historic resource within the City of Los Altos; and
NOW, THEREFORE, the City Council of the City of Los Altos does hereby ordain as follows:
SECTION 1. AMENDMENT OF CHAPTER 14.93 OF THE MUNICIPAL CODE. Chapter
14.93 of the Los Altos Municipal Code is hereby amended as set forth in Appendix A to this Ordinance, underline indicating addition, strikethrough indicating deletion.
SECTION 2. CONSTITUTIONALITY; AMBIGUITIES. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions hereof. Any ambiguities in the Los Altos Municipal Code created by this Ordinance shall be resolved by the Development Services Director, in their reasonable discretion, after consulting the City Attorney.
SECTION 3. PUBLICATION. This Ordinance shall be published as provided in Government Code Section 36933.
SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective upon the commencement of the thirty-first day following the adoption hereof.
I HEREBY CERTIFY that the foregoing Ordinance was duly and properly introduced at a regular meeting of the City Council of the City of Los Altos held on September 30, 2025, and was thereafter, at a regular meeting held on October 14, 2025, passed, and adopted by the following vote:
2 AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Pete Dailey, MAYOR
Attest:
____________________________
Melissa Thurman, MMC, CITY CLERK
APPENDIX A
CHAPTER 14.93
APPENDIX A
Chapter 14.93 – HISTORIC PRESERVATION
14.93.010 Purpose.
The purpose of this chapter is to:
A. Safeguard the heritage of the city by providing for the protection of historic resources representing significant elements of its history; B. Enhance the visual character of the city by encouraging the compatibility of architectural styles which reflect established architectural traditions on individual property and parcels of land;
C. Encourage public knowledge, understanding and appreciation of the city's past, and foster civic and neighborhood pride and sense of identity based upon the recognition and use of the city's historic resources;
D. Stabilize and improve property values within the city and increase the economic and financial benefits to the city and its inhabitants derived from the preservation, rehabilitation, and use of historic resources;
E. Integrate the conservation of historic resources into the public and private development process and identify as early as possible and resolve conflicts between the preservation of such resources as possible.
14.93.020 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section, unless the context or the provision clearly requires otherwise:
"Alteration" means any act or process that changes any portion of the exterior architectural appearance of a structure or object, including, but not limited to, the erection, construction, reconstruction, removal of exterior architectural features or details, or the addition of new structures, but does not include painting, ordinary maintenance and landscaping.
"California Historical Building Code" applies to all qualified historic structures and sites, designated under federal, state and local authority. It provides alternative building regulations for the rehabilitation, preservation, restoration or relocation of structures designated as qualified historic buildings.
"California Office of Historic Preservation" means the governmental agency primarily responsible for the statewide administration of the historic preservation program in California.
"California Register of Historical Resources" is a comprehensive listing of California's historical resources, including those of local, state and national significance. "Character defining features" means the defining elements, such as prominent architectural features, materials, craftsmanship or other elements, that, individually or in combination, identify a historic property, building or landscape. "Commission staff" means the staff liaison assigned to the historical commission. "DPR 523" means the California Department of Parks and Recreation Historic Resource Inventory Forms used for historic evaluations. The DPR 523A form provides descriptive information about a resource. The DPR 523B form provides an evaluation of the resources and includes a determination as to whether the resource is eligible for the National or State Register of Historic Places or listing on the Los Altos Historic Resources Inventory. "Exterior architectural feature" means the architectural elements embodying style, design, general arrangement and components of all the outer surfaces of an improvement, including but not limited to, the kind, size, shape and texture of building materials, and the type and style of windows, doors, lights, signs and other fixtures appurtenant to such improvement.
"Historic landmark" means a building, improvement, structure, natural feature, site or area of land, under single or common ownership that has significant historical, architectural, cultural, and/or aesthetic interest or value, and is designated as a historic landmark by the city council.
"Historic resource" is a property or structure that has been determined to be over fifty (50) years old, or has been identified as eligible for listing in a local, state, or national historic register per CEQA Guidelines Section 15064.5, retains its physical integrity, has historical, architectural, cultural, and/or aesthetic value, and is listed on the historic resources inventory (HRI).
"Historic resources inventory" (HRI) means the city's official inventory of the historic resources, as adopted and amended from time to time by resolution of the city council. A
property or structure must be designated as a historic landmark or a historic resource to be listed.
"Historical commission" is an advisory commission appointed by the city council that is tasked with maintaining the historic resources inventory, making recommendations on historic landmarks, working with property owners on preservation, maintenance and other development activities related to historic resources, and other activities as identified in the municipal code.
"Improvement" means any building, structure, parking facility, wall, work of art or other appurtenance or addition thereto constitute a physical betterment of real property or any part of such betterment.
"Integrity" is the authenticity of the characteristics, also referred to as character defining features, from which resources derive their significance. Integrity is the composite of seven qualities: location, design, setting, materials, workmanship, feeling and association. "Mills Act" is an economic incentive program in California for the restoration and preservation of qualified historic structures. The Mills Act grants participating local governments the authority to enter into contracts with owners of qualified historic properties to reduce the property tax assessment in exchange for the restoration and maintenance of the historic resource.
"National Register of Historic Places" is the official inventory of districts, sites, buildings, structures and objects significant in American history, architectural, archeology and culture, maintained by the Secretary of Interior under the authority of the Historic Sites Act of 1935 and the National Historic Preservation Act of 1966. "Preservation" means the act of identification, study, protection, reconstruction, restoration, rehabilitation or enhancement of historic and/or cultural resources. "Reconstruction" means the act or process of reproducing by new construction, the exact form and detail of a vanished building, structure or any part thereof, as it appeared at a specific period.
"Rehabilitation" means the act or process of returning a property to a state of utility through repair or alteration that makes possible an efficient contemporary use while
preserving those portions or features of the property which are significant to its historical, architectural and cultural value.
"Restoration" means the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period by means of the removal of later work or by the replacement of missing earlier work. "Secretary of Interior's Standards for the Treatment of Historic Properties (36 CFR Part 68)" are the Federal Standards for the Treatment of Historic Properties that are utilized in the identification, evaluation, registration and treatment of historic properties. The list of ten (10) Rehabilitation Standards, published as the Secretary of the Interior's Standards, is aimed at retaining and preserving those features and materials that are important in defining the historic character of a resource.
14.93.030 Identification of Historic Resource.
For a property to be placed on the HRI following the adoption of this Chapter, an historic resource survey (DPR 523A) shall be prepared by a qualified consultant in compliance with the Secretary of the Interior’s Standards and Guidelines for Archeology and Historic Preservation: Professional Qualifications Standards.
14.93.040 Historic Resource Designation
A. Designation Criteria. For the purposes of this Chapter, a structure, property or object may be eligible for designation as a historic resource or historic landmark, if it/they satisfy all three (3) criteria listed below:
1. Age. A structure or property shall be more than fifty (50) years in age.
2. Determination of Integrity. A structure or property should retain sufficient historic integrity in most of the following areas:
a. Location. The place where the historic property was constructed or where the historic event occurred. Integrity of location is maintained when the property remains at its original site.
b. Design: The combination of elements that create the form, plan, space, structure and style of a property.
c. Materials: The physical elements that were combined or deposited during a particular period and in a particular pattern or configuration. d. Workmanship: The physical evidence of the crafts of a particular culture or people during any given period in prehistory or history.
e. Characteristic: A property's expression of the aesthetic or historic sense of a particular period.
f. Association: The direct connection between a property and the historic event, activity, or person for which it is significant.
3. Historic Significance. A structure or property should be clearly associated with one or more of the following areas of significance:
a. Event: Associated with a single significant event or a pattern of events that have made a significant contribution to broad patterns of local or regional history, or cultural heritage of California or the United States. b. Person/People: Associated with the lives of people important to the local or regional, California or national history.
c. Architecture/Design: Embodies the distinctive characteristics of a design-type, period, region or method of construction, or represents the work of a master or possesses high artistic value.
d. Archaeology: Yields important information about prehistory or history of the local area, California or the nation.
B. Initiation for Designation.
1. Designation of a property proposed for inclusion on the HRI may be initiated by any of the following parties:
a. Owner(s) of the property proposed for inclusion or authorized representative of the owner(s);
b. Historical Commission and affirmed by the City Council; c. City Council.
2. If designation is initiated by the owner(s), an application for designation shall be made to the Development Services Department through submittal of the prescribed application form accompanied by a nonrefundable filing fee as specified in the adopted Fee Schedule. The Development Services Department shall establish what supporting documentation shall accompany the application, including, but not limited to, State of California DPR 523 series forms or other HRI forms as may be approved by the State.
3. At the time of submission of an application for designation, the owner(s) or authorized representative of the owner(s) shall be notified of the proposed designation and given the opportunity to comment; however, owner consent is not required for designation to proceed.
4. The application shall indicate the parameters of the property proposed for inclusion, specifying any related structures or resources that are to be included for consideration and an evaluation of the property’s conformance with the applicable criteria.
5. If designation is initiated by the Historical Commission or the City Council, the Development Services Department shall notify the owner(s) of the property by certified mail within ninety (90) days of the initiation and request written consent from the owner. The notice shall inform the owner(s) of the proposed designation and provide an opportunity to comment during the public hearing process. Owner consent shall not be required for the designation to proceed.
C. Approval of Permits When Designation is Pending. Except as provided by this chapter no Building Permit, Demolition Permit, or other permit that would result in a major alteration of the property shall be issued for any property when an HRI designation application has been initiated with the Development Services Department until all hearings on the matter are concluded.
D. Historical Commission Hearing.
1. The Historical Commission shall conduct a hearing on the application for designation at its next regularly scheduled meeting following the application being deemed complete by the Development Services Department.
2. A staff report, including the supporting documentation concerning the property proposed for inclusion shall be provided to the Historical Commission. The report shall address the significance and integrity of the property proposed for inclusion as it relates to the designation criteria, provide other relevant information, and include a recommendation concerning the application and the basis therefor.
3. The Historical Commission shall consider the evidence provided by a licensed design professional specializing in historic preservation or qualified historic preservation professional who meet the Secretary of Interior’s Professional Qualification Standards, as established by the National Park Service. The Historical Commission shall recommend to the City Council approval, modification, or denial of the designation proposal, including the reasons for such recommendation.
E. City Council Review. Following the recommendation of the Historical Commission, the City Council shall take final action on the request for designation by resolution approving or denying the recommendation.
F. Notice of Designation.
1. Following action by the City Council, a copy of the findings shall be sent by first class mail to the owner(s) of the newly designated HRI property, and a notice of the designation, along with a legal description of the property, shall be recorded in the records of the County Recorder.
a. Failure to record with the County Recorder shall not invalidate a designation or any of the requirements of this Chapter.
2. The City Council also shall send notice of the designation to California State Parks, Office of Historic Preservation.
G. Designation Repeal or Amendment.
1. Designation may be repealed or amended in the same manner and procedure as was followed to designate the property initially. This action shall result from new information, the discovery of earlier misinformation or change of original circumstances, conditions, or factors that justified the designation.
2. If a repeal of designation is approved by the City Council, a notice shall be sent by first class mail to the owner(s) of the property.
14.93.050 Historic Alteration Permit.
A. Historic Alteration Permit(s) are required in order to alter, demolish, remove, relocate or change any exterior architectural features of an HRI listed property, or remove or relocate any improvements, structures that contribute to the integrity or the historic significance of the resource.
B. For non-residential properties that are on the HRI, non-permanent improvements such as signage, fences/walls, minor accessory structures and landscaping that do not adversely affect the physical integrity or the historic significance of the resource may be exempted from Historical Commission review by the Zoning Administrator.
C. For residential properties that are on the HRI, improvements such as swimming pools, fences/walls, minor accessory structures and landscaping that do not adversely affect the physical integrity or the historic significance of the resource may be exempted from Historical Commission review by the Zoning Administrator.
D. Where applicable, applicants shall use the California Historic Building Code (CHBC) to accommodate necessary code compliance in a manner that retains character-defining features and ensures life-safety without compromising historic integrity. Any condition deemed unsafe or warranting removal of historic features shall first be evaluated for compliance under the CHBC prior to initiating demolition or alteration.
14.93.060 Review of Historic Alteration Permit.
A. For projects that require a historical alteration permit, the historical commission shall complete its review and issue a recommendation at its next available scheduled meeting. The commission shall determine if:
1. The project complies with all provisions of this chapter; and
2. The project does not adversely affect the physical integrity or the historic significance of the subject property.
3. The project is in compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties.
B. The Historical Commission recommendation on the historical alteration permit, shall be forwarded to the Zoning Administrator for consideration. The Zoning Administrator may approve or deny the recommendation of the Historical Commission based on the applicable provisions of this code.
14.93.070 Application for Historic Alteration Permit.
A. Applications for historical alteration permits shall be submitted to the Development Services Department. Applications shall at minimum include the following information:
1. A clear statement of the proposed work;
2. A site plan and boundary survey showing all existing buildings, structures, trees over six inches in diameter, property lines, easements and the proposed work;
3. Detailed plans showing both the existing and proposed exterior elevations, including a street elevation, photographs of windows and/or special features, materials and grading;
4. Specifications describing all materials to be used and all processes that would affect the appearance or nature of the materials;
5. Notes indicating any deviation from the Secretary of the Interior's Standards for Historic Rehabilitation; and
6. Such other information or documents as may be requested by the Zoning Administrator.
14.93.080 Joint Meeting Procedures.
When a project requires multiple discretionary approvals from multiple review authorities, the project shall be reviewed at a Joint Meeting of the respective review authorities when practical. Procedures for Joint Meetings shall be as follows:
A. The Historical Commission will attend a regularly scheduled or special meeting of the Zoning Administrator, Planning Commission, and/or City Council.
B. One (1) public meeting notice, agenda, and meeting minutes shall be prepared for the item being reviewed at the Joint Meeting.
C. The Historical Commission shall conduct its review first and render its recommendation followed by the Zoning Administrator, Planning Commission, and/or City Council.
14.93.090 Appeal Procedures.
Any decisions rendered under regulations contained within this Chapter are appealable pursuant to Section 14.01.100 of the Los Altos Municipal Code.
14.93.100 Notice of Public Meetings.
Any decisions rendered under regulations contained within this Chapter are subject to public meeting notice requirements pursuant to Section 14.01.130 of the Los Altos Municipal Code.
14.93.110 Ordinary Maintenance and Repair.
A. Nothing in this chapter shall be construed to prevent the ordinary maintenance, painting, landscaping or repair of any exterior feature in or upon any historic resource or historic landmark that does not involve a change in design, material or the external appearance thereof, nor does this chapter prevent the construction, reconstruction, alteration, restoration, demolition or removal of any historic resource or historic landmark which has been certified in writing by the city building inspector, or fire chief, or other code enforcement officer as being in unsafe or dangerous condition as contained within the California Building Code and/or Property Maintenance Code which cannot be rectified through the use of the California State Historic Building Code.
B. Ordinary Maintenance and Repair as described in this Section shall be exempt from the requirements of obtaining a Historic Alteration Permit.
14.93.120 Duty to keep in good repair.
A. The owner, occupant or the person in actual charge of a historic resource or a historic landmark shall keep and maintain in good condition and repair all exterior portions of the improvement or structure, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature or natural feature.
B. It shall be the duty of the development services director or their designee to enforce this section.
14.93.130 Enforcement.
The violation of any provision contained in this chapter is hereby declared to be unlawful and shall constitute a misdemeanor, subject to the penalties as prescribed in Title 1, Chapter 1.20 of this code.
1 ORDINANCE NO. 2025-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS ADDING CHAPTER 14.95 (MILLS ACT PROGRAM) TO THE LOS ALTOS MUNICIPAL CODE WHEREAS, the City Council is empowered pursuant to Article XI, Section 7 of the California Constitution to make and enforce within the City all local, police, sanitary, and other ordinances, and regulations not in conflict with general laws; and WHEREAS, the City Council held a duly noticed public hearing on September 30, 2025, and October 14, 2025; and
WHEREAS, the amendments were processed in accordance with the applicable provisions of the California Government Code and the Los Altos Municipal Code; and WHEREAS, this Ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended. The Zoning Code text amendments can be seen with certainty that there is no possibility that the proposed action may result in a significant effect on the environment as the ordinance further implements State law and creates procedural requirements locally for how to do so. The proposed amendments are designed to preserve and protect existing and future historic resources of such structures that already exist today and do or will qualify as a historic resource within the City of Los Altos; and
NOW, THEREFORE, the City Council of the City of Los Altos does hereby ordain as follows:
SECTION 1. AMENDMENT OF CHAPTER 14.95 OF THE MUNICIPAL CODE. Chapter
14.95 of the Los Altos Municipal Code is hereby amended as set forth in Appendix A to this Ordinance, underline indicating addition, strikethrough indicating deletion.
SECTION 2. CONSTITUTIONALITY; AMBIGUITIES. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions hereof. Any ambiguities in the Los Altos Municipal Code created by this Ordinance shall be resolved by the Development Services Director, in their reasonable discretion, after consulting the City Attorney.
SECTION 3. PUBLICATION. This Ordinance shall be published as provided in Government Code Section 36933.
SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective upon the commencement of the thirty-first day following the adoption hereof.
I HEREBY CERTIFY that the foregoing Ordinance was duly and properly introduced at a regular meeting of the City Council of the City of Los Altos held on September 30, 2025, and was thereafter, at a regular meeting held on October 14, 2025, passed, and adopted by the following vote:
2 AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Pete Dailey, MAYOR
Attest:
____________________________
Melissa Thurman, MMC, CITY CLERK
APPENDIX A
CHAPTER 14.95
APPENDIX A
Chapter 14.95 - MILLS ACT PROGRAM
14.95.010 - Authority for Adoption.
This Chapter is adopted pursuant to California Government Code Sections 50280 through 50290, commonly known as the "Mills Act."
14.95.020 - Purpose and applicability.
State law provides that the City Council may contract with the owner of any qualified historical property in a manner which they deem as reasonable to carry out the purposes of the Mills Act. The Mills Act enables the City Council, in its discretion, to enter into historic property preservation contracts with the owner(s) of qualified historical properties within the City of Los Altos. The historic property contract allows the owner of a qualified historical property to obtain preferential property tax assessment in exchange for restrictions on the property to help preserve, restore, and maintain the historic property.
14.95.030 - Definitions.
The following definitions shall apply for the purposes of this Chapter:
"Anniversary date" means the date of final execution by all parties of the historic property contract and the same date each subsequent year that the historic property contract is in effect.
"Historic property preservation contract" means a contract between the owner(s) of a qualified historic property and the City of Los Altos, meeting all requirements of State law and this Chapter. The "historic property preservation contract" may also be referred to in this Chapter as "historic contract."
"Owner" means all persons and entities that have a right, title, or interest in the property which is the subject of the historic property contract. The term "owner" includes agents authorized in writing by the owner to act on owner's behalf. The term "owner" also includes owner's successors-in-interest.
"Qualified historical property" means a privately owned property, inclusive of the qualified historical improvements and any land on which the qualified historical improvements are located, which is not exempt from property taxation and which meets any one of the following criteria:
1. A property or structure listed individually in the National Register of Historic Places;
2. A property or structure listed individually in the California Register of Historical Resources;
3. A property or structure listed individually in the City of Los Altos' adopted Historical Resource Inventory;
14.95.040 - Limitations on historic property contracts.
A. The City Council may, in its sole discretion and pursuant to the terms of this Chapter, enter into historic contracts with the owners of qualified historical properties that are located within the City of Los Altos.
B. Only qualified historical properties shall be eligible to enter into historical contracts.
C. Applications for historic contracts must be received prior to July 1 of any calendar year to be processed during that calendar year. Historic property contracts must be approved, signed, and recorded in the Office of the Recorder of the County of Santa Clara on or before December 31 of a calendar year to be eligible for property tax reassessment for the following fiscal year.
D. The intent of this Chapter is to establish procedures whereby property subject to a historic property contract approved, executed, and recorded pursuant to this Chapter will be eligible for property tax valuation as an enforceable restricted historical property pursuant to state law (Sections 439 through 439.4 of the California Revenue and Taxation Code, as may be periodically amended). In the event that only a portion of a property or structure is the subject of a historic contract, only that portion of the property or structure covered by the historic property contract shall be considered for preferential property tax assessment treatment under state law. The rest of the property or structure shall be subject to standard property tax assessment, and the total assessed value shall be a combination of the two methods as determined by the County Assessor. This section shall not be construed to circumvent or diminish any requirements of the Subdivision Map Act.
E. Properties with recorded historic contracts must comply with all applicable City of Los Altos rules, regulations, policies, permit requirements, and associated fees, including those needed to carry out the provisions of the historic contract. Entry into a historic contract does not relieve the property which is the subject of the contract from compliance with any and all applicable federal and state laws and local regulations.
F. Applications for historic contracts on properties on which a notice of violation has been recorded will not be accepted under this Chapter until the violation has been cleared.
14.95.050 - Required provisions of historic property contracts.
A. The historic contract shall be in a form acceptable to City Attorney and the City Manager or their designee and shall be retained in the records of the City of Los Altos, City Clerk’s Office. The Development Services Department may develop and maintain a historic contract template.
B. Each historic property contract shall at a minimum include, without limitation, the following terms, conditions, restrictions, and requirements:
1. The contract shall contain a legal description of the property which is the subject of the contract.
2. The contract shall have a minimum term of ten (10) years. Each year, on the anniversary date of the contract or such other annual date as is specified in the contract, a year shall be added automatically to the initial term of the contract unless the owner or the City of Los Altos has given timely written notice of non-renewal.
3. The contract shall run with the land and be binding upon, and inure to the benefit of, all successors in interest of the owner(s). A successor in interest shall have the same rights and obligations under the contract as the original owner(s) who entered into the contract.
4. The contract shall include a written ten (10) year maintenance/rehabilitation work program to confirm a commitment to restore, rehabilitate, and/or preserve the subject property in conformance with all of the following as applicable:
a. The rules and regulations of the Office of Historic Preservation of the California State Parks Department;
b. The United States Secretary of the Interior's Standards for the Treatment of Historic Properties;
c. The California Building Standards Code (Title 24 of the California Code of Regulations), including the California Historical Building Code (Part 8 of Title 24) where applicable; and
d. The requirements, provisions, and conditions set forth in the historic property contract.
5. The contract shall provide for an inspection of the interior and exterior of the premises as required by Government Code Section 50281 and 50282 by the City of Los Altos five (5) years after entry into the contract and every five (5) years thereafter to determine the owner's continued compliance with the contract. Photographs of the interior and exterior shall not substitute the requirement for an onsite inspection of the property by city staff.
a. Interior and exterior inspection(s) of a property will review the integrity of the property to ensure the continued maintenance and rehabilitation of the property in compliance with the contract.
6. The contract shall provide that the City of Los Altos may cancel the contract, subject to the terms of this Chapter, if the City determines that any of the following have occurred:
a. The owner has breached any of the conditions of the contract including any agreed upon improvements to the property; or b. The owner has allowed the property to deteriorate to the point that it no longer meets the definition of a qualified historical property.
7. The contract shall provide that the owner shall furnish the City with any information the City requires in order to enable it to determine the eligibility of the property for contract renewal, including the documentation required for the annual review for compliance with the historic property contract's work program.
8. The contract shall contain a clause in a form acceptable to City Attorney that requires the owner to defend, indemnify, and hold harmless the City, its agents, officers, and employees from any claim, action or proceeding against the City or its agents, officers, and employees arising in connection with the historic property contract.
C. At the time rehabilitation or restoration of the subject property is achieved and so long as the contract is in effect, the owner shall commit to and be responsible for appropriate maintenance and preservation of the subject property in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties.
14.95.060 - Application for historic property contracts.
A. Only qualified historical properties, as defined by this Chapter, are eligible for historic contracts under this Chapter. The owner of a qualified historical property may file an application to enter into a historic contract. Only the owner(s) or agent of the owner(s) may file the application. If the application is made by an agent of the owner(s), the agent must provide written documentation as part of the application of the owner's authorization of the agent to act on the owner's behalf.
B. All applications for historic property contracts shall be filed with the Development Services Department on the form and in the manner prescribed by the Zoning Administrator. The application shall contain, without limitation, the following information and documentation:
1. The name and address of the owner(s) and signature of the applicant and the names and addresses of all persons and entities having any right, title, or interest in the property which is the subject of the proposed historic property contract;
2. Written consent to make the application from all persons and entities having a right, title, or interest in the real property which is the subject of the proposed historic property contract;
3. A nonrefundable application fee as set by resolution of the City Council;
4. A legal description of the real property and a listing of the Assessor's parcel number(s) for the property;
5. Color photos of the property and each elevation of the subject structure(s);
6. Site plans drawn to scale (the number of site plans required shall be as determined by the Zoning Administrator based on the specific property characteristics);
7. An itemized ten-year maintenance/rehabilitation work program containing, at a minimum, the following information:
a. A description of the improvements to be done. The proposed improvements must be appropriate to restore, preserve, and/or maintain the historic structure in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties. b. Schedule of improvements;
c. Verifiable cost estimates associated with the proposed improvements to be verified by City staff;
d. Preliminary plans, elevations, or any appropriate documentation needed to substantiate and illustrate proposed improvements.
8. Proof that the property is a "qualified historical property." Such proof shall be in the form of the property already listed on the City’s adopted HRI, or as part of a dual application for historical designation of the property with the City of Los Altos, or on the State of California or National Register of Historic Places.
9. A property tax adjustment worksheet, on a form acceptable to the Zoning Administrator providing the owner's calculated estimate of the property tax reassessment that would result from the contract. The property tax adjustment worksheet should be completed in consultation with the County of Santa Clara Assessors Office.
a. If the property owner(s) are unable to obtain confirmation or data from the County Assessor’s Office after documented reasonable attempts, the worksheet may be submitted based on publicly available information and clearly state assumptions.
10.A copy of the most recent real property tax bill for the property. a. In the event that the property has recently transacted or transferred ownership the application shall be accompanied by supplemental documentation which reflects the anticipated real property tax bill for the property.
11.An appraisal of the fair market value of the property (land plus improvement value), prepared by an independent certified appraiser no more than one (1) year prior to the application for the contract and as determined prior to the improvements proposed in the application for the contract.
12. Such other information as the Zoning Administrator may request to evaluate and process the application.
C. A separate application shall be filed for each property on which a historic property contract is requested.
D. The owner shall allow for an inspection of the interior and exterior of the premises by the City of Los Altos Development Services Department staff prior to entry into the contract. Inspection shall verify exiting conditions of the property and cannot be substituted by photographs.
14.95.070 - Fees.
The applicant for a historic property contract shall pay such application fees as have been adopted by resolution of the City Council. The fees include an initial fee for processing the application, and any deposit to pay the full cost recovery of any City consultants such as an independent historian, and/or environmental review as applicable.
Any fees required shall be paid upon submittal of application.
14.95.080 - Eligibility criteria.
A. To be eligible for a historic property contract, the application must meet all of the following criteria:
1. The property that is the subject of the application is a qualified historical property as defined by this Chapter.
2. The application is consistent with the City's historic preservation goals and policies, as set forth in any adopted policies and ordinances.
3. The application is consistent with the applicable Secretary of the Interior's Standards for the Treatment of Historic Properties, the rules and regulations of the Office of Historic Preservation of the California State Parks Department, and the California Historical Building Code.
4. The application is consistent with the requirements of this Chapter.
14.95.090 - Review of applications.
A. The Zoning Administrator shall review the applications for completeness and accuracy and may require such additional information from the applicant as is needed to make the application complete. Only applications filed on or before July 1 of a calendar year shall be eligible for consideration for a historic property contract for the subsequent fiscal year.
B. All applications deemed complete by the Zoning Administrator shall be referred to the Historical Commission for recommendation to the City Council on eligibility of the property for a historic property contract.
C. The Historical Commission shall make a recommendation on the eligibility of the property for a historic property contract for consideration by the City Council.
D. If the Historical Commission finds that the application meets the criteria for eligibility for a historic property contract, the Historical Commission shall recommend approval to the City Council. If the Historical Commission finds that the application does not meet the criteria for eligibility, the Historical Commission shall recommend to the City Council that the application be denied for a historic property contract.
E. The historic property contract shall be consistent with the requirements of this Chapter and state law and in a form acceptable to the City Attorney. The contract shall be approved as to form by City Attorney prior to submission of the contract to the City Council for its consideration.
F. Final action on the contract shall be considered by the City Council at a noticed public hearing. The City of Los Altos shall not execute any contract until authorized by the City Council and until all persons and entities having any right, title, or interest in the property which is the subject of the contract have signed the contract or provided written authorization for an agent to execute the contract on their behalf and until the owner(s) have submitted to the city the appropriate fee for recordation of the contract.
14.95.100 - Recordation of approved historic property contracts.
No later than twenty (20) calendar days after execution by all parties of the historic property contract, the City Clerk shall cause a copy of the executed historic property contract to be recorded in the Office of the Recorder of the County of Santa Clara accompanied by the fee paid by owner for recordation of the contract.
14.95.110 - Review of approved historic property contracts.
A. The owner shall allow for inspection of the interior and exterior of the premises by the City of Los Altos Development Services Department staff after five (5) years from entry into the contract and every five (5) years thereafter to determine the owner's continuing compliance with the historic property contract. Photographs of the interior and exterior shall not substitute the requirement for an onsite inspection of the property by city staff.
B. No later than ninety (90) days prior to each five (5) year inspection date, the owner shall submit documentation to the Development Services Department in sufficient detail to demonstrate compliance with the historic property contract's work program, including but not limited to the following documentation:
1. Color photos of actual work done in conformance with the contract;
2. Receipts and copies of financial transactions related to work carried out in conformance with the recorded contract;
3. Copies of building permits, planning entitlements, and/or historic alteration permits for work carried out in conformance with the recorded historic property contract; and
4. Such other information as may be required by the Zoning Administrator.
C. The Zoning Administrator shall review the documentation to determine compliance with the recorded historic property contract. If documentation is not submitted within the required timeframe or the documentation submitted demonstrates in the determination of the Zoning Administrator that the owner has breached any of the conditions of the historic property contract or has allowed the property to deteriorate to the point that it no longer meets the standards for a qualified historical property, the Zoning Administrator shall begin the process for cancellation of the contract pursuant to this Chapter.
D. At least sixty (60) days prior to the tenth anniversary date of the historic property contract, the owner shall submit a report from a qualified historian to the Development Services Department. The report shall describe the work carried out pursuant to the contract and shall recommend any appropriate improvements needed to achieve rehabilitation, restoration, or preservation of the property. Based on the recommendations, the City of Los Altos may require an amendment to the contract to update the maintenance/rehabilitation program. If the Zoning Administrator determines, as part of the tenth year review, that rehabilitation or restoration for the subject property has been achieved, the owner shall commit to and be responsible for appropriate maintenance and preservation of the subject property in accordance with the Secretary of the Interior's Standards for the Treatment of Historic Properties so long as the contract remains in effect.
14.95.120 - Nonrenewal of historic property contracts.
A. Each year on the anniversary date of the contract or such other date as is specified in the contract, a year shall be added automatically to the initial term of the contract, unless the owner or the City has given timely written notice of nonrenewal in accordance with the requirements of state law and this Chapter. If the owner desires in any year not to renew the contract, the owner shall serve written notice of nonrenewal of the contract to the Zoning Administrator at least ninety (90) days in advance of the annual renewal date of the contract. If the City Council determines in any year not to renew the contract, the City Council or their authorized designee shall serve written notice of nonrenewal of the contract on the owner at least sixty (60) days in advance of the annual renewal date of the contract. The City of Los Altos shall serve a notice of nonrenewal only after the City Council has conducted a noticed public hearing to consider the nonrenewal. Unless the notice of nonrenewal is served by the owner(s) or the City in accordance with these requirements, one year shall automatically be added to the term of the contract.
B. Upon receipt by the owner of a notice from the City for nonrenewal of the contract, the owner may make a written protest of the notice to the City Council. Such protest must be in writing and filed with the City Clerk within fourteen (14) days after the written notice of nonrenewal was mailed to the owner. If a written notice of protest is timely filed, the City Clerk shall schedule the protest for a noticed public hearing before the City Council within sixty (60) days of the filing of the protest and notify the owner of the hearing date. The City Council may, at any time prior to the renewal date, withdraw the notice of non-renewal. Following the hearing, the City Council may withdraw or affirm the notice of non-renewal. If the City Council affirms the notice of nonrenewal, the existing contract shall remain in effect for the balance of the period remaining since the original execution or the last renewal of the contract.
C. Following the nonrenewal of the contract, the property shall be assessed in accordance with state law (Section 439.3 of the Revenue and Taxation Code, as may be periodically amended).
14.95.130 - Amendment of historic property contracts.
A. A historic property contract may be amended, in whole or in part, in accordance with the provisions of this Chapter.
B. For owner-initiated amendments to a historic property contract, the owner must file an application for an amendment with the Development Services Department on the form and in the manner prescribed by the Zoning Administrator. The owner shall pay such application fees as have been set by resolution of the City Council. The
Zoning Administrator shall review the amendment application for completeness and adequacy. The Zoning Administrator may request additional information as necessary to evaluate the amendment.
C. For City of Los Altos-initiated amendments to a historic property contract, the Zoning Administrator shall inform existing owner(s) of intended amendments. Cityinitiated amendments shall be in conformance with the provisions of this Chapter and are to ensure the continued preservation of historic resources with historic property contracts.
1. City-initiated amendments shall be considered during the annual review of historic property contracts in order to ensure each existing contract adheres to the provisions of this Chapter as amended from time to time.
D. At such time that the Zoning Administrator has determined the amendment to be complete, the Zoning Administrator shall refer the amendment to the Historical Commission for a recommendation to the City Council.
E. Following receipt of the Historical Commission recommendation and following all applicable environmental review, the City Council shall render a decision on the proposed amendment.
F. No later than twenty (20) calendar days after City of Los Altos execution of the amendment to the historic property contract, the City Clerk shall cause a copy of the executed amendment to be recorded in the Office of the Recorder of the County of Santa Clara accompanied by the fee paid by owner for recordation of the contract amendment.
14.95.140 - Cancellation of historic property contracts.
A. The City of Los Altos may cancel a historic property contract, subject to the process described in this section, if the City finds that one of the following conditions has occurred:
1. The owner has breached any of the conditions of the historic property contract; or
2. The owner has allowed the property to deteriorate to the point that it no longer meets the definition of a qualified historical property.
B. The following process shall be followed for cancellation of a historic property contract:
1. If the Zoning Administrator determines at any time that the owner has breached any of the conditions of the historic property contract or has allowed the property to deteriorate to the point that it no longer meets the definition of a qualified historical property, the Zoning Administrator shall notify the owner in writing describing the deficiencies. If the owner has not
corrected the deficiencies to the satisfaction of the Zoning Administrator within sixty (60) days of the issuance of the notification, the Zoning Administrator may refer the cancellation of the contract to the Historical Commission for a recommendation to the City Council on the cancellation.
2. The Historical Commission shall, at a noticed public hearing, evaluate the evidence in the record and provide a written recommendation to the City Council as to whether one of the conditions for cancellation has occurred.
3. Following receipt of the Historical Commission recommendation, the City Council shall, at a noticed public hearing, consider whether to cancel the contract. No contract shall be cancelled until after the City Council has given notice of and has held a public hearing on the cancellation.
C. To cancel the contract, the City Council must make a finding, based on substantial evidence that one of the following conditions has occurred:
1. The owner has breached a condition of the historic property contract; or
2. The owner has allowed the property to deteriorate to the point that it no longer meets the definition of a qualified historical property.
D. If a historic property contract is cancelled under this section, the owner shall, in accordance with Government Code Sections 50284 and 50286, pay a cancellation fee equal to twelve and one-half (12½) percent of the property's current fair market value, as determined by the County Assessor as though the property were free of the contractual restriction.
14.95.150 - Notice of hearing.
Any decisions rendered under regulations contained within this Chapter are subject to public meeting notice requirements pursuant to Section 14.01.130 of the Los Altos Municipal Code.
1 ORDINANCE NO. 2025-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS REPEALING IN ITS ENTIRETY CHAPTER 12.44 FOR EXISTING HISTORIC
PRESERVATION REGULATIONS
WHEREAS, the City Council is empowered pursuant to Article XI, Section 7 of the California Constitution to make and enforce within the City all local, police, sanitary, and other ordinances, and regulations not in conflict with general laws; and WHEREAS, the City Council held a duly noticed public hearing on September 30, 2025, and October 14, 2025; and
WHEREAS, the amendments were processed in accordance with the applicable provisions of the California Government Code and the Los Altos Municipal Code; and WHEREAS, the City Council repeals in its entirety Chapter 12.44 of the Los Altos Municipal Code; and
WHEREAS, this Ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended; and
NOW, THEREFORE, the City Council of the City of Los Altos does hereby ordain as follows:
SECTION 1. REPEAL CHAPTER 12.44 OF THE LOS ALTOS MUNICIPAL CODE.
Chapter 12.44 of the Los Altos Municipal Code is hereby amended as set forth in Appendix A to this Ordinance, underline indicating addition, strikethrough indicating deletion.
SECTION 2. CONSTITUTIONALITY; AMBIGUITIES. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions hereof. Any ambiguities in the Los Altos Municipal Code created by this Ordinance shall be resolved by the Development Services Director, in their reasonable discretion, after consulting the City Attorney.
SECTION 3. PUBLICATION. This Ordinance shall be published as provided in Government Code Section 36933.
SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective upon the commencement of the thirty-first day following the adoption hereof.
I HEREBY CERTIFY that the foregoing Ordinance was duly and properly introduced at a regular meeting of the City Council of the City of Los Altos held on September 30, 2025, and was thereafter, at a regular meeting held on October 14, 2025, passed, and adopted by the following vote:
AYES:
NOES:
2 ABSENT:
ABSTAIN:
___________________________________
Pete Dailey, MAYOR
Attest:
____________________________
Melissa Thurman, MMC, CITY CLERK
APPENDIX A
Los Altos, California, Code of Ordinances Created: 2025-05-06 12:46:38 [EST] (Supp. No. 43)
Chapter 12.44 HISTORIC PRESERVATION1
Sections:
Article 1. General Provisions
12.44.010 Purpose.
It is hereby declared as a matter of public policy that the recognition, preservation, enhancement and use of historic resources within the City of Los Altos is required in the interest of health, economic prosperity, cultural enrichment and general welfare of the people. The purpose of this chapter is to:
A. Safeguard the heritage of the city by providing for the protection of irreplaceable historic resources representing significant elements of its history;
B. Enhance the visual character of the city by encouraging the compatibility of architectural styles which reflect established architectural traditions;
C. Encourage public knowledge, understanding and appreciation of the city's past, and foster civic and neighborhood pride and sense of identity based upon the recognition and use of the city's historic resources;
D. Stabilize and improve property values within the city and increase the economic and financial benefits to the city and its inhabitants derived from the preservation, rehabilitation, and use of historic resources;
E. Integrate the conservation of historic resources into the public and private development process and identify as early as possible and resolve conflicts between the preservation of such resources and alternative land uses; and
F. Fulfill the city's responsibilities for Federal Section 106 reviews and for the California Environmental Quality Act.
(Ord. No. 2011-363, § 1, 3-8-2011)
12.44.020 Area of application.
This chapter shall apply to all historic resources listed in the historic resources inventory, historic landmarks and properties, and structures.
(Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437, § 1, 3-13-2018)
12.44.030 Definitions.
For the purposes of this chapter, the following words and phrases shall have the meanings respectively ascribed to them in this section, unless the context or the provision clearly requires otherwise:
Created: 2025-05-06 12:46:38 [EST]
(Supp. No. 43)
"Alteration" means any act or process that changes any portion of the exterior architectural appearance of a structure or object, including, but not limited to, the erection, construction, reconstruction, removal of exterior architectural features or details, or the addition of new structures, but does not include painting, ordinary maintenance and landscaping.
"California Historical Building Code" is Part 8 of Title 24 (State Building Standards Code) and applies to all qualified historic structures and sites, designated under federal, state and local authority. It provides alternative building regulations for the rehabilitation, preservation, restoration or relocation of structures designated as qualified historic buildings.
"California Office of Historic Preservation" means the governmental agency primarily responsible for the statewide administration of the historic preservation program in California. "California Register of Historical Resources" is a comprehensive listing of California's historical resources, including those of local, state and national significance. "Character defining features" means the defining elements, such as prominent architectural features, materials, craftsmanship or other elements, that, individually or in combination, identify a historic property, building or landscape.
"Commission staff" means the staff liaison assigned to the historical commission. "DPR 523" means the California Department of Parks and Recreation Historic Resource Inventory Forms used for historic evaluations. The DPR 523A form provides descriptive information about a resource. The DPR 523B form provides an evaluation of the resources and includes a determination as to whether the resource is eligible for the National or State Register of Historic Places or listing on the Los Altos Historic Resources Inventory. "Exterior architectural feature" means the architectural elements embodying style, design, general arrangement and components of all the outer surfaces of an improvement, including but not limited to, the kind, size, shape and texture of building materials, and the type and style of windows, doors, lights, signs and other fixtures appurtenant to such improvement.
"Historic landmark" means a building, improvement, structure, natural feature, site or area of land, under single or common ownership that has significant historical, architectural, cultural, and/or aesthetic interest or value, and is designated as a historic landmark by the city council. "Historic resource" is a property or structure that has been determined to be over fifty (50) years old, retains its physical integrity, has historical, architectural, cultural, and/or aesthetic value, and is listed on the historic resources inventory.
"Historic resources inventory" means the city's official inventory of the historic resources, as adopted and amended from time to time by resolution of the historical commission and/or the city council. A property or structure must be designated as a historic landmark or a historic resource in order to be listed. "Historical commission" is a seven-member advisory commission appointed by the city council that is tasked with maintaining the historic resources inventory, making recommendations on historic landmarks, working with property owners on preservation, maintenance and other development activities related to historic resources, and other activities as identified in the municipal code.
"Improvement" means any building, structure, parking facility, wall, work of art or other appurtenance or addition thereto constituting a physical betterment of real property or any part of such betterment. "Integrity" is the authenticity of the characteristics, also referred to as character defining features, from which resources derive their significance. Integrity is the composite of seven qualities: location, design, setting, materials, workmanship, feeling and association.
"Mills Act" is an economic incentive program in California for the restoration and preservation of qualified historic structures. Enacted in 1972, the Mills Act grants participating local governments the authority to enter into
Created: 2025-05-06 12:46:38 [EST]
(Supp. No. 43)
contracts with owners of qualified historic properties to reduce the property tax assessment in exchange for the restoration and maintenance of the historic resource.
"National Register of Historic Places" is the official inventory of districts, sites, buildings, structures and objects significant in American history, architectural, archeology and culture, maintained by the Secretary of Interior under the authority of the Historic Sites Act of 1935 and the National Historic Preservation Act of 1966. "Preservation" means the act of identification, study, protection, reconstruction, restoration, rehabilitation or enhancement of historic and/or cultural resources.
"Reconstruction" means the act or process of reproducing by new construction, the exact form and detail of a vanished building, structure or any part thereof, as it appeared at a specific period of time. "Rehabilitation" means the act or process of returning a property to a state of utility through repair or alteration that makes possible an efficient contemporary use while preserving those portions or features of the property which are significant to its historical, architectural and cultural value. "Restoration" means the act or process of accurately recovering the form and details of a property and its setting as it appeared at a particular period of time by means of the removal of later work or by the replacement of missing earlier work.
"Secretary of Interior's Standards" are the Federal Standards for the Treatment of Historic Properties that are utilized in the identification, evaluation, registration and treatment of historic properties. The list of ten (10) Rehabilitation Standards, published as the Secretary of the Interior's Standards, is aimed at retaining and preserving those features and materials that are important in defining the historic character of a resource. (Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437, § 1, 3-13-2018) Article 2. Designation of Historic Resources
12.44.040 Criteria for designation.
A structure, property or object may be eligible for designation as a historic resource or historic landmark, if it/they satisfy each of the three criteria listed below:
A. Age. A structure or property should be more than fifty (50) years in age. (Exceptions can be made to this rule if the building(s) or site(s) is/are truly remarkable for some reason - such as being associated with an outstanding architect, personage, usage or event).
B. Determination of Integrity. A structure or property should retain sufficient historic integrity in most of the following areas:
1. Design: The combination of elements that create the form, plan, space, structure and style of a property.
2. Setting: The physical environment of a historic property.
3. Materials: The physical elements that were combined or deposited during a particular period of time and in a particular pattern or configuration to form a historic property.
4. Workmanship: The physical evidence of the crafts of a particular culture or people during any given period in history or prehistory.
5. Feeling: A property's expression of the aesthetic or historic sense of a particular period of time.
C. Historic Significance. A structure or property should be clearly associated with one or more of the following areas of significance:
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1. Event: Associated with a single significant event or a pattern of events that have made a significant contribution to broad patterns of local or regional history, or cultural heritage of California or the United States;
2. Person/People: Associated with the lives of persons important to the local, California or national history;
3. Architecture/Design: Embodies the distinctive characteristics of a design-type, period, region or method of construction, or represents the work of a master or possesses high artistic value; or
4. Archaeology: Yields important information about prehistory or history of the local area, California or the nation.
The city's historic resource evaluation methodology, which provides more details about the above listed criteria, is available from the planning division.
(Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437, § 1, 3-13-2018)
12.44.050 Applications for designation.
A. Applications for designation as a historic landmark, or listing a historic resource on the historic resources inventory may be initiated by the owner or owners of a building, improvement, structure, natural feature, site or area of land, requesting designation of their property as a historic resource or historic landmark.
B. The city council or the planning commission may, by resolution or motion, refer a proposed designation to the historical commission. The historical commission may also consider a proposed designation upon its own initiative or by referral by the development services director.
C. Applications for designation as a historic landmark, or listing a historic resource on the historic resources inventory shall be made to the historical commission. Applications must be accompanied by such historical and architectural information as is required by the historical commission in order to make an informed recommendation concerning the request.
Applications for designation shall be acted on as set forth in sections 12.44.050, 12.44.060 and 12.44.070 of this chapter.
(Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437, § 1, 3-13-2018; Ord. No. 2023-490, § 2(App. A), 3-28-2023)
12.44.060 Historic resource listing.
A. Once the application for designating a property as a historic resource and listing it on the historic resources inventory has been received, the historical commission shall consider the request at its next available scheduled meeting.
B. The commission shall conduct a public hearing to consider the proposed listing. Notice of the hearing shall be given at least ten (10) days prior to the date of the hearing by mail to the applicant, to the owner or owners of the property and to the owners of abutting properties, and by posting a notice on the property near the front property line in accordance with the standards set by commission staff.
C. The commission shall consider the proposed historic resource and determine whether or not the property satisfies the three criteria outlined in Section 12.44.040. The commission shall by motion either approve or disapprove the designation of the property as a historic resource and listing it in the historic resources inventory.
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D. If the commission approves the historic resource for listing on the historic resources inventory, the listing shall become effective immediately and the designated property shall be subject to the regulations set forth in this chapter.
E. Until final action has been taken by the commission on the request to list a property, no building, alteration, grading, demolition or tree removal permit(s) shall be issued for any work to be performed upon or within the subject property, unless approved by the historical commission or the development services director.
This restriction shall become effective as of the time the application is submitted, and shall extend until the commission has taken action.
F. Within fifteen (15) days of the action taken by the historical commission, the decision may be appealed to the city council. The appeal may be filed by the applicant or any interested party. (Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2023-490, § 2(App. A), 3-28-2023)
12.44.070 Historic landmark designation.
A. Once the application for the proposed designation has been received, the historical commission shall consider the request at its next available scheduled meeting.
B. The commission shall conduct a public hearing to consider the proposed designation. Notice of the hearing shall be given at least ten (10) days prior to the date of the hearing by publication in at least one newspaper of general circulation within the city, by mail to the applicant, to the owner or owners of the property, and to the owners of abutting properties, and by posting a notice on the property near the front property line in accordance with the standards set by commission staff.
C. The commission shall make a recommendation to the city council on the proposed designation. In order to make a positive recommendation, the commission shall make the following findings:
1. That the proposed historic landmark satisfies the three criteria outlined in Section 12.44.040; and
2. That the proposed landmark has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the city, the county, the state or the nation.
D. The city council shall consider the proposed designation at its next available regular meeting and determine whether or not to accept the historical commission's recommendation. The city council shall by resolution either approve the proposed designation, in whole or in part or as modified, or shall, by motion, disapprove the proposal in its entirety.
E. If the city council approves the landmark designation, the resolution shall become effective immediately and the designated property shall be subject to the regulations set forth in this chapter and to such further restrictions or controls as may be specified in the designating resolution.
F. Adoption of a designating resolution by the city council shall be based upon the findings outlined in subsection (C) of this section.
G. Until final action has been taken by the city council on the proposed landmark, no building, alteration, grading, demolition or tree removal permit(s) shall be issued for any work to be performed upon or within the subject property, unless approved by the historical commission or the city council. This restriction shall become effective as of the time the application is submitted, and shall extend until the designating resolution becomes effective.
(Ord. No. 2011-363, § 1, 3-8-2011)
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12.44.080 Notice of designation.
A. Following adoption by the city council of a resolution designating a historic landmark, the commission staff shall send notice of the designation, together with a copy of the resolution or ordinance, to the owner or owners of the designated historic landmark. The city council also shall send notice of the designation to:
1. The Santa Clara County Historical Heritage Commission; and
2. The California State Historic Preservation Officer.
B. The designating resolution or ordinance shall be recorded with the county clerk-recorder. (Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437, § 1, 3-13-2018) Editor's note(s)—Ord. No. 2017-437, § 1, adopted March 13, 2018, repealed § 12.44.080, which pertained to historic district designation, and derived from Ord. No. 2011-363, § 1, adopted March 8, 2011, and subsequently renumbered the remaining sections 12.44.090—12.44.220 as 12.44.080—12.44.210. Historical notations for former sections have been retained for reference.
12.44.090 Termination of designation.
The only legitimate reason for terminating the designation of a historic resource or historic landmark is when clear evidence is presented that shows the resource no longer meets the criteria of Section 12.44.040 due to loss of integrity and/or historic significance.
(Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437, § 1, 3-13-2018) Editor's note(s)—Former § 12.44.100, see editor's note § 12.44.080.
Article 3. Permits
12.44.100 Applicability.
A. For historic landmark properties, a historical alteration permit (Section 12.44.150) is required in order to alter, demolish, remove, relocate or change any exterior architectural features of the designated landmark structure(s), or remove or relocate any improvements, structures or natural features that contribute to the integrity or the historic significance of the historic landmark.
B. For historic resources listed on the historic resources inventory, an advisory review (Section 12.44.140) is required in order to alter, demolish, remove, relocate or otherwise change in any manner any exterior architectural feature or natural feature that contributes to the integrity or the historic significance of a historic resource.
C. For subsection (B) of this section, the historical commission's review will take into account whether or not the proposed work adversely affects the physical integrity or the historic significance of the resource. The historical commission's recommendation to the development services director, planning commission, or city council, shall be advisory only.
D. For non-residential properties that are historic landmarks or historic resources, non-permanent improvements such as signage, awnings and landscaping that do not adversely affect the physical integrity or the historic significance of the resource may be exempted from historical commission review by the development services director.
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E. For residential properties that are historic landmarks or historic resources, improvements such as swimming pools, fences, minor accessory structures such as trellises or barbecues, and landscaping that do not adversely affect the physical integrity or the historic significance of the resource may be exempted from historical commission review by the development services director. (Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437, § 1, 3-13-2018; Ord. No. 2023-490, § 2(App. A), 3-28-2023) Editor's note(s)—Former § 12.44.110, see editor's note § 12.44.080.
12.44.110 Applications.
Applications for historical alteration permits or advisory review shall be submitted to the development services director. Applications shall include the following information:
A. A clear statement of the proposed work;
B. A site plan showing all existing buildings, structures, trees over six inches in diameter, property lines, easements and the proposed work;
C. Detailed plans showing both the existing and proposed exterior elevations, including a street elevation, photographs of windows and/or special features, materials and grading; D. Specifications describing all materials to be used and all processes that would affect the appearance or nature of the materials;
E. Notes indicating any deviation from the Secretary of the Interior's Standards for Historic Rehabilitation; and
F. Such other information or documents as may be requested by the development services director or the historical commission.
Applications shall be noticed as set forth in Section 12.44.120 and shall be acted on as set forth in Section
12.44.130 and 12.44.140 of this chapter.
(Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437, § 1, 3-13-2018; Ord. No. 2023-490, § 2(App. A), 3-28-2023) Editor's note(s)—Former § 12.44.120, see editor's note § 12.44.080.
12.44.120 Notice of public meetings.
A. Notification shall be provided when an application for a historical alteration permit is required for a historic landmark. Applicants shall be responsible for providing notification via first class mail to the adjoining property owners, in the manner set forth by the commission staff, at least ten (10) days prior to the meeting at which the application is to be reviewed. The property owners who shall be mailed notice include, but are not limited to, the following:
1. The two adjoining property owners on each side;
2. The three adjoining rear property owners; and
3. The five adjoining front property owners across the street.
4. As deemed appropriate or necessary, the commission staff may require that notification be mailed to a greater or lesser number of property owner(s) than are identified above based on the configuration of the properties adjoining the site of the application.
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5. Notice shall also be posted on the project site near the front property line in accordance with the standards set by the commission staff.
B. Notice shall be provided when an application for an advisory review is required for a historic resource.
Applicants shall be responsible for posting a notice on the project site near the front property line in accordance with the standards set by the commission staff. (Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437, § 1, 3-13-2018) Editor's note(s)—Former § 12.44.130, see editor's note § 12.44.080.
12.44.130 Advisory review.
A. For projects that require an advisory review, the historical commission shall complete its review and issue a recommendation at its next available scheduled meeting. In order to recommend approval, the commission shall find that:
1. The project complies with all provisions of this chapter; and
2. The project does not adversely affect the physical integrity or the historic significance of the subject property.
B. The historical commission recommendation shall be forwarded to the development services director, the planning commission, or the city council to be considered as part of their decision. (Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437, § 1, 3-13-2018; Ord. No. 2023-490, § 2(App. A), 3-28-2023) Editor's note(s)—Former § 12.44.140, see editor's note § 12.44.080.
12.44.140 Historical alteration permit.
A. For projects that require a historical alteration permit, the historical commission shall complete its review and issue a decision at its next available scheduled meeting. In order to approve a permit, the commission shall find that:
1. The project complies with all provisions of this chapter; and
2. The project does not adversely affect the physical integrity or the historic significance of the subject property.
3. The project is in compliance with the Secretary of the Interior's Standards for the Treatment of Historic Properties.
B. If the historical commission approves the historical alteration permit, or approves such permit subject to conditions, the development services director shall issue the permit in accordance with the recommendation, provided that no other approval is required under this code. In the event the historical commission recommends denial of the permit, the development services director shall notify the applicant that the requested permit will not be granted.
(Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437, § 1, 3-13-2018; Ord. No. 2023-490, § 2(App. A), 3-28-2023) Editor's note(s)—Former § 12.44.1500, see editor's note § 12.44.080.
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12.44.150 Appeal.
Within fourteen (14) days of any approval or denial by the historical commission, the decision may be appealed to the city council. The appeal may be filed by the applicant or any interested party and shall be accompanied by a fee to cover the administrative cost of handling the appeal as set by city council resolution. (Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437, § 1, 3-13-2018; Ord. No. 2023-490, § 2(App. A), 3-28-2023) Editor's note(s)—Former § 12.44.160, see editor's note § 12.44.080.
Article 4. Miscellaneous Provisions
12.44.160 Incentives for preserving historic resources.
A. California Historical Building Code. It is the purpose of the state historical building code to provide regulations and standards for the rehabilitation, preservation, restoration (including related reconstruction) or relocation as applicable to all historical buildings, structures and properties deemed of importance to the history, architecture, or culture of an area by an appropriate local or state governmental jurisdiction. Such standards and regulations are intended to facilitate the restoration or change of occupancy so as to preserve their original or restored elements and features, to encourage energy conservation and a cost effective approach to preservation, and to provide for reasonable safety from fire, seismic forces or other hazards for occupants and users of such "buildings, structures and properties" and to provide reasonable availability and usability by the physically disabled. The state historical building code is defined in sections 18950 to 18961 of Division 13, Part 2.7 of Health and Safety Code (H&SC) Health and Safety Code, a part of California Law.
B. Economic incentives. In order to carry out more effectively and equitably the purposes of this chapter, the city council may, by resolution, adopt a program of economic (i.e., Mills Act contracts) and other incentives to support the preservation, maintenance and appropriate rehabilitation of the city's historic resources. (Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437, § 1, 3-13-2018) Editor's note(s)—Former § 12.44.170, see editor's note § 12.44.080.
12.44.170 Hardship.
Notwithstanding the criteria of this chapter, the development services director, on the recommendation of the historical commission or the planning commission or city council on appeal, may approve an application for a permit to conduct any proposed work upon or within a historic resource or historic landmark if the applicant presents clear and convincing evidence demonstrating that a disapproval of the application will cause immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work or because of conditions peculiar to the particular improvement, building, structure, topography or other feature involved. If a hardship is found to exist under this section, the historical commission or the planning commission or city council shall make a written finding to that effect, and shall specify the facts and reasons relied upon in making such finding.
(Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437, § 1, 3-13-2018; Ord. No. 2023-490, § 2(App. A), 3-28-2023) Editor's note(s)—Former § 12.44.180, see editor's note § 12.44.080.
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12.44.180 Fees.
A. No fee shall be charged for the filing, processing or public noticing of any application for designation.
B. The city council shall by resolution adopt a schedule of fees to be charged for any application for termination of a designation, for the filing and processing of applications for any permit required under this chapter, and for appeals pursuant to this chapter.
(Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437, § 1, 3-13-2018) Editor's note(s)—Former § 12.44.190, see editor's note § 12.44.080.
12.44.190 Ordinary maintenance and repair.
Nothing in this chapter shall be construed to prevent the ordinary maintenance, painting, landscaping or repair of any exterior feature in or upon any historic resource or historic landmark that does not involve a change in design, material or the external appearance thereof, nor does this chapter prevent the construction, reconstruction, alteration, restoration, demolition or removal of any historic resource or historic landmark which has been certified by the city building inspector, or fire chief, or other code enforcement officer as being in unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code. (Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437, § 1, 3-13-2018) Editor's note(s)—Former § 12.44.200, see editor's note § 12.44.080.
12.44.200 Duty to keep in good repair.
A. The owner, occupant or the person in actual charge of a historic resource or a historic landmark shall keep and maintain in good condition and repair all exterior portions of the improvement or structure, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature or natural feature.
B. It shall be the duty of the development services director or their designee to enforce this section. (Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437, § 1, 3-13-2018; Ord. No. 2023-490, § 2(App. A), 3-28-2023) Editor's note(s)—Former § 12.44.210, see editor's note § 12.44.080.
12.44.210 Enforcement.
The violation of any provision contained in this chapter is hereby declared to be unlawful and shall constitute a misdemeanor, subject to the penalties as prescribed in Title 1, Chapter 1.20 of this code. (Ord. No. 2011-363, § 1, 3-8-2011; Ord. No. 2017-437, § 1, 3-13-2018) Editor's note(s)—Former § 12.44.220, see editor's note § 12.44.080.
City Council Staff Report
Meeting Date: October 14, 2025
Prepared By: Anthony Carnesecca
Approved By: Gabe Engeland
Subject: Adoption of Resolution - Amend Contract with Los Altos Chamber of Commerce
COUNCIL PRIORITY AREA
Business Communities
RECOMMENDATION
Amend contract with Los Altos Chamber of Commerce
ENVIRONMENTAL IMPACT
This report is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970.
FISCAL IMPACT
This contract is currently incorporated into the approved FY25-26 budget.
PREVIOUS COUNCIL CONSIDERATION
May 23, 2023 & September 12, 2023
BACKGROUND
At the May 23, 2023 City Council meeting, City Council directed City staff to draft a contract with the Los Altos Chamber of Commerce in the amount of $67,500 annually for five years.
City staff worked with the Chamber of Commerce to draft a contract that will execute specific objectives and achieve accomplishments regarding tourism and visitor attraction on an annual basis.
At the September 12, 2023 City Council meeting, City Council unanimously directed the City Manager to sign a contract with the Los Altos Chamber of Commerce in the amount of $67,500 annually for five years as previously directed during the budget process, which was intended to be for Tourism and Visitor Attraction services that support visitor attraction efforts of the City and will increase the amount of visitors supporting our local economy.
ANALYSIS
DISCUSSION
Per the staff report from September 12, 2023, the City of Los Altos and Los Altos Chamber of Commerce entered into an agreement requiring the following items to be completed on a fiscal year basis.
Service Topic Expense
Printing 20,000 copies of full color high-quality destination guide: Los Altos Magazine. This includes
1. A two-page spread for the City of Los Altos on a topic agreed upon with City staff (ex. “Doing Business in Los Altos”)
2. A Recreation Department full-page ad. The Los Altos Magazine is a destination guide for the community that builds a stronger local economy through shopping, dining, and hotel stays through sales and hotel (TOT) tax.
Magazine $44,155
Distribution of 16,000 Los Altos Magazines to households in Los Altos and neighboring communities
Magazine $6,735
Distribution of 4,000 Los Altos Magazines for local pickup at hotels, coffee shops
Magazine $1,110
Creation of a digital copy of the Los Altos Magazine for electronic use promoting the community to support tourism.
Magazine $1,500
Operation of the Visitors Center at the office located at 321 University Avenue. Prominently located at the intersection of Foothill Expressway & Main Street. Supporting tourism by providing information and answering questions for both residents and visitors to our community both in person, by phone, and by email. Maintaining a community calendar of events to aid the community in scheduling events & festivals.
Visitors
Center
$14,000
Total $67,500
The Los Altos Chamber of Commerce successfully completed these tasks in fulfillment of their obligations for Fiscal Year 23-24.
In Fiscal Year 24-25, the Los Altos Chamber of Commerce was able to successfully operate the Visitors Center, but was unable to complete the tasks outlined relating to the Los Altos Magazine due to extenuating circumstances. Their staff has requested an extension that would allow them to complete these tasks from Fiscal Year 24-25 before the end of this calendar year and provide another Los Altos magazine nearer to the end of FY 25-26 in June 2026 in fulfillment of their obligations for the current fiscal year, Fiscal Year 25-26. City staff believes this would accomplish their required tasks outlined in the contract if the amendment is approved by the City Council.
The Los Altos Chamber of Commerce has provided a request letter attached to this staff report with additional information on their behalf.
ATTACHMENTS
1. Attachment 1
2. Attachment 2
LOS ALTOS CHAMBER OF COMMERCE 321 UNIVERSITY AVENUE LOS ALTOS, CA 94022 October 7, 2025
Los Altos City Council
1 North San Antonio Road
Los Altos, CA 94022
Re: Los Altos Magazine Publication Schedule
Honorable Mayor and Members of the City Council,
The Los Altos Chamber of Commerce is proud to continue its long-standing partnership with the City of Los Altos in producing the Los Altos Magazine, an important publication that showcases our community, supports local businesses, and connects residents to our community.
While unforeseen circumstances prevented us from meeting the original timeline for the 2024/25 edition, those matters have now been resolved. Out of respect for privacy and in compliance with HIPAA regulations, the details cannot be shared. What is most important to note, however, is that the publication is back on track, and we are excited to share the following schedule:
• Printing of the 2024/25 edition begins this month (October 2025). • Distribution will begin by November 30 2025, highlighted by a community “pickup party” to celebrate the release and engage our residents.
• The subsequent 2025/26 edition will follow before the end of this fiscal year, ensuring full alignment with the City’s contract and reinforcing our commitment to timely publication.
We are confident this revised timeline not only fulfills the Chamber’s obligation but also provides an opportunity to re-energize community enthusiasm around the magazine. With Council’s acknowledgment of this adjusted schedule, we look forward to moving ahead.
Thank you for your understanding and continued support of the Chamber’s work. We will ensure that Los Altos Magazine continues to be a source of pride for our city.
Most Sincerely,
Kimberly Mosley
President & CEO
Resolution No. 2025-XX Page 1
RESOLUTION NO. 2025-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS
AUTHORIZING THE CITY MANAGER TO AMEND AN AGREEMENT ON
BEHALF OF THE CITY OF LOS ALTOS WITH LOS ALTOS CHAMBER OF
COMMERCE FOR TOURISM AND VISITOR ATTRACTION SERVICES FOR
LOS ALTOS
WHEREAS, the City desires to retain the Chamber of Commerce as an essential partner to our business community that supports the tourism and visitor attraction efforts; and WHEREAS, at the May 23, 2023 City Council meeting, City Council directed City staff to draft a contract with the Los Altos Chamber of Commerce in the amount of $67,500 annually for five years; and
WHEREAS, at the September 12, 2023 City Council meeting, City Council unanimously directed the City Manager to sign a contract with the Los Altos Chamber of Commerce in the amount of $67,500 annually for five years as previously directed during the budget process, which was intended to be for Tourism and Visitor Attraction services that support visitor attraction efforts of the City and will increase the amount of visitors supporting our local economy; and
WHEREAS, the City and Chamber of Commerce entered into an agreement in October 2023; and
WHEREAS, in Fiscal Year 24-25, the Los Altos Chamber of Commerce was able to successfully operate the Visitors Center, but was unable to complete the tasks outlined relating to the Los Altos Magazine due to extenuating circumstances; and WHEREAS, the Los Altos Chamber of Commerce has committed to delivering the Fiscal Year 24-25 edition of the Los Altos Magazine by the end of this calendar year and the Fiscal Year 25-26 edition prior to June 30, 2026 in fulfillment of their contractual obligations for both fiscal years; and
WHEREAS, this resolution is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos adopt a resolution to:
1. Authorize the City Manager to amend the contract with Los Altos Chamber of Commerce for both Fiscal Year 24-25 and Fiscal Year 25-26, and
2. Authorize the City Manager to take such further actions as may be necessary to implement the foregoing agreement.
Resolution No. 2025-XX Page 2
I HEREBY CERTIFY that the foregoing is a true and correct copy of a Resolution passed and adopted by the City Council of the City of Los Altos at a meeting thereof on the 14th day of October 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Pete Dailey, MAYOR
Attest:
_____________________________
Melissa Thurman, MMC
CITY CLERK
City Council Staff Report
Meeting Date: October 14, 2025
Prepared By: Stephanie Williams
Approved By: Gabe Engeland
Subject: 2025 Los Altos Building Code Updates
COUNCIL PRIORITY AREA
General Government
Environmental Sustainability
RECOMMENDATION
Three separate actions for Council consideration:
• Introduce an Ordinance of the City Council of the City of Los Altos Repealing in its Entirety Title 12 for Buildings and Construction of the Los Altos Municipal Code; and • Introduce an Ordinance of the City Council of the City of Los Altos Adding Title 12 for Buildings and Construction to the Los Altos Municipal Code Including Chapters 12.04,
12.06, 12.08, 12.10, 12.12, 12.14, 12.16, 12.18, 12.20, 12.22, 12.24, 12.26, 12.28, 12.30,
12.32, 12.34, 12.36, 12.38, and 12.40 to Adopt by Reference the 2025 California Building Codes with Local Amendments; and Find that both actions are exempt from environmental review pursuant to Section 15061(b)(3) and 15308 of the California Environmental Quality Act (CEQA) Guidelines; and
• Direct staff to place the introduced Ordinances on the October 28, 2025, meeting agenda for a public hearing, waiving of second reading, and adoption.
ENVIRONMENTAL IMPACT
This Ordinance has been assessed in accordance with the California Environmental Quality Act (Cal. Pub. Res. Code, § 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (14 Cal. Code Regs. § 15000 et seq.) and is categorically exempt from CEQA under CEQA Guidelines, § 15061(b)(3), which exempts from CEQA any project where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment. Adoption of the proposed Ordinance would not be an activity with potential to cause significant adverse effect on the environment because the changes made to the California Green Buildings Standards Code within are enacted to provide more protection to the environment and therefore is exempt from CEQA. It is also exempt from CEQA pursuant to CEQA Guidelines, § 15308 which exempt actions taken by regulatory agencies for the enhancement and protection of the environment. As such, the Ordinance is categorically exempt from CEQA, and none of the circumstances set forth in CEQA Guidelines Section 15300.2 apply.
FISCAL IMPACT
The creation of this report has no direct fiscal impact on the City. The proposed local amendments to the building code could lead to additional costs during the building plan check and inspection processes. If the State requires a separate cost-effectiveness study in addition to the one provided by SVCE, the City may incur further costs. These potential costs have been included in the adopted FY25-26 Budget.
PREVIOUS COUNCIL CONSIDERATION
The City Council considers updates to the California Building Standards Code every 3 years.
BACKGROUND
Every three (3) years the California Building Standards Commission updates the California Building Standards Code. Each jurisdiction must adopt the updated California Building Standards prior to the effective date. The 2025 California Building Standards become effective on January 1, 2026.
Historically, state law has allowed local jurisdictions to modify or adopt more restrictive building standards than those in the California Building Code when justified by local climatic, geological, or topographical conditions. With the passage of Assembly Bill (AB) 130 in 2025, a moratorium has been placed on the adoption or enforcement of residential local amendments that go beyond statewide standards from October 1, 2025 through June 1, 2031. However, AB 130 includes specific exceptions that preserve local authority under certain conditions. Notably, local jurisdictions may still adopt code amendments if those amendments are necessary to implement the jurisdiction's existing General Plan or are consistent with adopted greenhouse gas (GHG) reduction goals. The City's proposed amendments to the 2025 California Building Code fall within this exception, as they are essential to implement both the City's General Plan and its Climate Action and Adaptation Plan (CAAP).
ANALYSIS
Contained within Assembly Bill 130 (AB130) are multiple exceptions, one of which, provides that local governments may adopt changes to the state building code provisions for residential buildings after October 1, 2025, if “the changes or modifications 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.” This provision allows changes to the state code when the amendment (1) aligns with a general plan approved before June 10, 2025; (2) permits mixed-fuel construction, incentivizes all-electric construction, and is consistent with federal law (i.e., the federal Energy Policy & Conservation Act, or EPCA); and (3) is part of an adopted greenhouse gas emissions reductions strategy. In this instance, the City’s existing General Plan was adopted prior to the June 10, 2025 date; the City’s proposed ordinance allows for mixed-fuel construction while incentivizing all-electric alternatives; and the proposed ordinance further implements the City’s Climate Action and Adaptation Plan (CAAP) which is the existing greenhouse gas emissions reduction strategy of the City.
General Plan
The General Plan is the primary source of long-rang planning and policy direction that is used to
guide growth and preserve the quality of life within the Los Altos community. Building codes are a direct and effective mechanism for influencing development in line with this guidance. By amending the building codes to reduce reliance on gas appliances, the City ensures that future development inherently supports improved "environmental quality" (through reduced air pollution) and addresses "potential hazards" (through improved indoor air quality and reduced safety risks). This strengthens the comprehensive and integrated approach to planning that the General Plan emphasizes.
Furthermore, Los Altos is located within the Bay Area Air District (formerly known as the Bay Area Air Quality Management District), which is considered a non-attainment air basin since it exceeds the allowable levels for various air pollutants. As such, the General Plan's Natural Environment & Hazards Element focuses on Air Quality:
• Goal 8: Maintain or improve air quality in Los Altos. • Policy 8.1: Support the principles of reducing air pollutants through land use, transportation, and energy use planning.
• Policy 8.3: Interpret and implement the General Plan to be consistent with the regional Bay Area Air Quality Management Plan, as periodically updated. • Policy 8.4: Ensure location and design of development projects so as to conserve air quality and minimize direct and indirect emissions of air contaminants.
The amendments to the 2025 Building Code help implement the General Plan's Natural Environment & Hazards Element goals and policies. Reducing pollutants like nitrogen oxides (NOx) and particulate matter from gas appliances is a step toward this goal and complements regional compliance efforts with the Bay Area Air District.
Climate Action and Adaptation Plan
The Climate Action and Adaptation Plan (CAAP) outline a set of actions and mitigation strategies designed to reduce the City’s greenhouse gas emissions (GHG) emissions and prepare the community for the future impacts of climate change. In other words, the adopted CAAP is the City’s greenhouse gas reduction strategy. The plan sets a goal of achieving carbon neutrality by 2035, which is achieved through minimizing the amount of carbon dioxide and other greenhouse gases released into the atmosphere from various activities.
The CAAP identifies several key goals that are supported by the proposed building code amendments:
• Goal 2.1: Encourage Energy Conservation Measures in Homes and Businesses • Goal 2.2: Incentivize All-electric New Buildings and Major Retrofits • Goal 2.3: Reduce or Eliminate Methane Gas Use in Existing Building • Goal 2.4: Disincentives Methane Gas
• Goal 2.5: Expand Community Solar and Battery Storage
The amendments to the 2025 California Building Standards Code help implement the CAAP goals to reach carbon neutrality by 2035 and, more importantly, reduce GHG emissions. Energy
use is the second-largest source of emissions in Los Altos and Residential Gas made up approximately 20% of Los Altos’ 2022 GHG emissions; therefore, encouraging the reduction of fossil fuels is an important part of the City's overall strategy.
In summary, the proposed local amendments to the 2025 California Building Standards Code are allowed by an exception in AB130 and are a direct mechanism for implementing the City's long-standing policy objectives as outlined in both the General Plan and the CAAP. They represent a tangible step toward enhancing community health, safety, and environmental stewardship.
DISCUSSION
The following provisions are modeled from the SVCE Model Codes, which were developed in collaboration with various Community Choice Energy providers and the Statewide Local Energy Codes Program, a team of policy and technical experts. The model codes are designed to promote electric construction through energy performance standards, aligning with legal interpretations following the Berkeley ruling and avoiding prohibitions of gas infrastructure.
At the August 13, 2025, meeting, the Environmental Commission unanimously recommended these model codes be incorporated into the 2025 Building Code adoption.
Two-Way AC Amendments
The proposed two-way AC amendments aim to encourage the installation of heat pumps whenever a home's air conditioning system is replaced or newly installed. The goal is to reduce greenhouse gas emissions by shifting away from gas furnaces, as heat pumps are significantly more energy efficient. The policy would apply to single-family homes, duplexes, and townhomes.
The amendments are based on an existing, voluntary section of CALGreen but would be adopted as a mandatory part of the California Energy Code (Title 24, Part 6). There are several different ways a project could comply:
1. The simplest way would be to install a heat pump (an air conditioner that is also configured to function as a space heater). This could be done either by replacing the furnace with a heat pump system or leaving the furnace in place to serve as the air handler for the heat pump, and as a back-up heating system. California Energy Code requirements would apply; these vary depending upon whether the duct system is replaced at the same time.
2. Alternatively, a project could comply by installing an air conditioner (cooling only) but relying on a gas furnace for space heating. Again, certain California Energy Code requirements would apply when replacing an air conditioner. In addition, this alternative would require other energy efficiency measures.
Attachment 2, Table 1 presents compliance requirements for heat pump systems under the two scenarios, one using the existing ducts, the other with new ducts. Table 2 presents compliance requirements for systems that still use furnaces as the primary heating source, under the same
duct scenarios.
Exceptions
The proposed ordinance offers two (2) general exceptions:
1. Projects where the electrical panel capacity is insufficient to meet the load of a heat pump.
2. Projects where the heat pump would need to be sized more than 12,000 Btu/hr (1-ton) over the air conditioner that would be installed in order to meet the heating load.
There are also exceptions to the duct sealing and airflow requirements that specify alternative methods of compliance. All applicable exceptions in the California Energy Code apply.
Cost-Effectiveness
Attachment 25 provides a summary of the cost-effectiveness and benefits of two (2) heat pump system options for existing homes in Climate Zone 4, based on the Comprehensive Costeffectiveness Study (Attachment 24).
Electric Readiness Amendments
The proposed electric readiness amendments would mandate "electric-ready" components for renovations, remodels and additions. “Electric-ready” refers to the presence of electric outlets near natural gas appliances, such as clothes dryers, cooktops, gas-fueled furnaces, or gas-fueled water heaters for a future electric appliance. This requirement includes reserved and labeled breakers in the electrical panel for future electric appliance(s).
The 2025 California Energy Code already mandates "electric-ready" components in new mixedfuel homes but does not extend this requirement to renovations, remodels, or additions. The proposed policy aims to close this gap by mandating the installation of these "electric-ready" components whenever permitted electrical work is performed near existing gas appliances in existing homes. Opportunities for future-proofing homes that install gas equipment include:
1. Gas Cooking Range
o Install a 125-volt 20-amp receptacle
o Pathway for a 240-volt 50-amp circuit for a future electric cooktop
2. Gas Clothes Dryer
o Install a 125-volt 20-amp receptacle
o Pathway for a 240-volt 30-amp circuit for a future electric clothes dryer
3. Water Heating
o Install a 125-volt 20-amp receptacle
o Pathway for a 240-volt 30-amp circuit for a future heat pump water heater o Pathway for a condensate drain
o Physical space reserved for a future heat pump water heater (2.5’ x 2.5x 7’)
4. Space Heating
o Physical space reserved for a future heat pump space heater
5. Gas Line Extensions for Outdoor Gas Appliances
o Install conduit
o Reserve breaker space for future electric appliance
o Physical space for future electric appliance
6. Electrical Power Upgrades (The purpose of this requirement is to educate contractors and the industry on ways to minimize panel upgrades when electrifying equipment):
o Demonstrate upgrades to electrical power infrastructure are required by documenting:
1. Calculations in accordance with California Electrical Code Article 220.83 demonstrating future loads exceed current electrical power infrastructure.
2. If the data are available, calculations in accordance with California Electrical Code Article 220.87 demonstrating future loads exceed current electrical power infrastructure.
o Calculations above must include at least one of the following:
1. One power management or circuit controlling device
2. One 120 volt electric-only clothes dryer, water heater or range
3. Circuit control between whole home load and ether Level 2 EV charging receptacle or Low Power Level 2 EV charging receptacle
Exceptions
The proposed ordinance offers six (6) exceptions:
1. Repairs and safety improvements.
2. An electrical permit is not otherwise required for the project other than compliance with this section.
3. Panel capacity is not required to exceed the existing utility electrical service to the building to meet the requirements of this section.
4. Mobile homes, manufactured housing, factory-built housing.
5. Emergency housing.
6. ADU conversions pursuant to Government Code 66323.
ATTACHMENTS
1. Attachment 1
2. Attachment 2
3. Attachment 3
4. Attachment 4
5. Attachment 5
6. Attachment 6
7. Attachment 7
8. Attachment 8
9. Attachment 9
10. Attachment 10
11. Attachment 11
12. Attachment 12
13. Attachment 13
14. Attachment 14
15. Attachment 15
16. Attachment 16
17. Attachment 17
18. Attachment 18
19. Attachment 19
20. Attachment 20
21. Attachment 21
22. Attachment 22
23. Attachment 23
24. Attachment 24
25. Attachment 25
26. Attachment 26
ORDINANCE NO. 2025-__
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS REPEALING IN ITS ENTIRETY TITLE 12 FOR BUILDINGS AND CONSTRUCTION
OF THE LOS ALTOS MUNICIPAL CODE
WHEREAS, the City Council is empowered pursuant to Article XI, Section 7 of the California Constitution to make and enforce within the City all local, police, sanitary, and other ordinances, and regulations not in conflict with general laws; and WHEREAS, the City Council held a duly noticed public hearing on DATE TO BE INSERTED, and DATE TO BE INSERTED; and
WHEREAS, the amendments were processed in accordance with the applicable provisions of the California Government Code and the Los Altos Municipal Code; and WHEREAS, the City Council repeals in its entirety Title 12 of the Los Altos Municipal Code; and
WHEREAS, this Ordinance is exempt from environmental review pursuant to Section 15061(b)(3) of the State Guidelines implementing the California Environmental Quality Act of 1970, as amended; and
NOW, THEREFORE, the City Council of the City of Los Altos does hereby ordain as follows:
SECTION 1. REPEAL TITLE 12 OF THE LOS ALTOS MUNICIPAL CODE. Title 12 of the Los Altos Municipal Code is hereby amended as set forth in Appendix 1 to this Ordinance, strikethrough indicating deletion.
SECTION 2. CONSTITUTIONALITY; AMBIGUITIES. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions hereof. Any ambiguities in the Los Altos Municipal Code created by this Ordinance shall be resolved by the Development Services Director, in their reasonable discretion, after consulting the City Attorney.
SECTION 3. PUBLICATION. This Ordinance shall be published as provided in Government Code Section 36933.
SECTION 4. EFFECTIVE DATE. This Ordinance shall be effective upon the commencement of the thirty-first day following the adoption hereof or January 1, 2026 whichever occurs last.
I HEREBY CERTIFY that the foregoing Ordinance was duly and properly introduced at a regular meeting of the City Council of the City of Los Altos held on DATE TO BE INSERTED, and was thereafter, at a regular meeting held on DATE TO BE INSERTED, passed, and adopted by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________________
Pete Dailey, MAYOR
Attest:
____________________________
Melissa Thurman, MMC, CITY CLERK
APPENDIX 1
Los Altos, California, Code of Ordinances Created: 2025-08-14 10:36:48 [EST] (Supp. No. 44, Update 2)
Title 12
BUILDINGS AND CONSTRUCTION
Chapters:
Chapter 12.04 ADMINISTRATIVE CODE1
12.04.010 Adoption of the California Administrative Code.
There is hereby adopted by reference as if fully set forth herein, the 2022 California Administrative Code, contained in the California Code of Regulations, Title 24, Part 1, published by the International Code Council, and each and all of its regulations and provisions. One copy is on file for use and examination by the public in the office of the building official.
(Ord. No. 2013-395, § 3, 12-10-2013; Ord. No. 2016-426, §§ 2, 3, 11-8-2016; Ord. No. 2019-464, §§ 2, 3, 12-10- 2019; Ord. No. 2022-487, §§ 2, 3, 11-29-2022)
Chapter 12.08 BUILDING CODE2
12.08.010 Adoption of the California Building Code.
The 2022 California Building Code (2 volumes), contained in the California Code of Regulations, Title 24, Part 2, which incorporates and amends the International Building Code 2021 Edition, published by the California Building Standards Commission and the International Code Council, with the amendments and certain appendices as set forth in Section 12.08.020, is hereby adopted by reference as if fully set forth here. One copy of said code is on file in the office of the building official for use and examination by the public. (Ord. No. 2019-464, §§ 4, 5, 12-10-2019; Ord. No. 2022-487, §§ 4, 5, 11-29-2022; Ord. No. 2023-498, § 2(App. A), 9- 12-2023)
12.08.020 Amendments.
The 2022 California Building Code referred to in Section 12.08.010 is adopted, together with Chapter 1 of the 2022 California Building Code, with the following amendments and certain Appendix Chapters as follows:
1Editor's note(s)—Ord. No. 2013-395, adopted Dec. 10, 2013, repealed Ch. 12.04 and enacted a new chapter as set out herein. The former Ch. 12.04, § 12.04.010, pertained to similar subject matter and derived from Ord. No. 08-319, § 2 and Ord. No. 10-359, § 3, adopted Nov. 23, 2010. 2Editor's note(s)—Ord. No. 2013-395, adopted Dec. 10, 2013, repealed Ch. 12.08 and enacted a new chapter as set out herein. The former Ch. 12.08, §§ 12.08.010—12.08.040, pertained to similar subject matter and derived from Ord. No. 10-359, § 5, adopted Nov. 23, 2010.
Created: 2025-08-14 10:36:45 [EST]
(Supp. No. 44, Update 2)
Chapter 1, Division II, Section 105.2 Building: #1, is deleted and replaced to read as follows, based upon the express finding of necessity set forth in Section 6.B.1 of this Ordinance.
A. Work exempt from building permits. Building permits shall not be required for freestanding unenclosed play structures. Enclosed accessory structures used as playhouses, tool and storage sheds and similar uses that are less than 120 square feet constructed without electrical, plumbing, or mechanical features do not require building permits, but do require zoning approval to comply with local zoning regulations.
Chapter 1, Division II, Section 110.3.4 is deleted and replaced to read as follows, based upon the express findings of necessity set forth in Section 6.B.2 of this Ordinance.
B. Frame Inspection. Framing inspection shall be made after the following components are completed:
Roof deck and/or sheathing has been inspected and approved; complete finish roofing materials are installed; the building exterior envelope has all windows and doors installed; all framing, fire-blocking, bracing, pipes, chimneys and vents to be concealed are complete; and all sub-trades including, but not limited to, building, electrical, plumbing and mechanical are roughed in and under required tests.
C. Only the following Appendix Chapters from the Building Code are adopted:
1. Appendix I, Patio Covers.
2. Appendix J, Grading.
Section 903.2 is amended to read as follows:
903.2 Where required. Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21.
For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations.
1. An automatic sprinkler system shall be provided throughout all new buildings and structures, other than Group R occupancies, except as follows:
a. Buildings and structures not located in any Wildland-Urban Interface and not exceeding 1,200 square feet of fire area.
b. Buildings and structures located in any Wildland-Urban Interface Fire Area and not exceeding 500 square feet of fire area.
c. Group S-2 or U occupancies, including photovoltaic support structures, used exclusively for vehicle parking which meet all of the following:
i. Noncombustible construction.
ii. Maximum 5,000 square feet in building area.
iii. Structure is open on not less than three (3) sides nor 75% of structure perimeter. iv. Minimum of 10 feet separation from existing buildings, or similar structures, unless area is separated by fire walls complying with California Building Code 706. d. Canopies, constructed in accordance with CBC 406.7.2, used exclusively for weather protection of vehicle fueling pads per CBC 406.7.1 and not exceeding 5,000 square feet of fire area.
2. An automatic sprinkler system shall be installed throughout all new buildings with a Group R fire area.
Exception: Detached Accessory Dwelling Unit, provided that all of the following are met:
Created: 2025-08-14 10:36:45 [EST]
(Supp. No. 44, Update 2)
a. The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2.
b. The existing primary residence does not have automatic fire sprinklers. c. The accessory detached dwelling unit does not exceed 1,200 square feet in size. d. The unit is on the same lot as the primary residence. e. The unit meets all apparatus access and water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code.
3. An approved automatic fire sprinkler system shall be installed in new manufactured homes (as defined in California Health and Safety Code Sections 18007 and 18009) and multifamily manufactured homes with two dwelling units (as defined in California Health and Safety Code Section 18008.7) in accordance with Title 25 of the California Code of Regulations.
4. An approved automatic sprinkler system shall be provided throughout all existing buildings, when additions are made that exceed fifty (50) percent and/or seven hundred and fifty (750) square feet of existing floor areas (area calculations shall not include existing basement floor areas and any nonhabitable floor areas i.e., garages).
5. An approved automatic sprinkler system shall be provided throughout all new and existing basements.
6. An approved automatic sprinkler system shall be provided throughout existing buildings and structures when alterations or additions are made that create conditions described in Sections 903.2.1 through 903.2.18.
7. Any change in the character of occupancy or in use of any building with a fire area equal to or greater than 3,600 square feet which, in the opinion of the fire code official or building official, would place the building into a more hazardous division of the same occupancy group or into a different group of occupancies and constitutes a greater degree of life safety1 or increased fire risk2 , shall require the installation of an approved fire automatic fire sprinkler system. 1 Life Safety - Shall include, but not limited to: Increased occupant load, public assembly areas, public meeting areas, churches, indoor amusement attractions, buildings with complex exiting systems due to increased occupant loads, large schools/day-care facilities, large residential care facilities housing non-ambulatory clients. 2 Fire Risks - Shall include, but not limited to: High-piled combustible storage, woodworking operations, hazardous operations using hazardous materials, increased fuel loads (storage of moderate to highly combustible materials), increased sources of ignition (welding, automotive repair with the use of flammable liquids and open flames).
8. The obligation to provide compliance with these fire sprinkler regulations may not be evaded by performing a series of small additions and/or alterations undertaken over a three-year period and/or two code cycles. The permit issuance dates of past additions and/or alterations where these regulations were in effect shall be used for determining compliance. a. Any submittal for building permits which exceed fifty (50) percent and/or seven hundred and fifty (750) square feet of existing floor areas (area calculations shall not include existing basement floor areas and any non-habitable floor areas i.e., garages) during the three-year period shall comply with fire sprinkler regulations.
b. No waiver shall be granted from compliance with fire sprinklers.
Section 903.2.11.7 is amended to read as follows:
903.2.11.7 Chemical Fume Hood Fire Protection. Approved automatic fire extinguishing systems shall be provided in chemical fume hoods in the following cases:
Created: 2025-08-14 10:36:45 [EST]
(Supp. No. 44, Update 2)
1. Existing hoods having interiors with a flame spread index greater than 25 in which flammable liquids are handled.
2. If a hazard assessment determines that an automatic extinguishing system is required for the chemical fume hood, then the applicable automatic fire protection system standard shall be followed.
Section 907.8 is amended to read as follows:
907.8 Inspection, testing and maintenance. The maintenance and testing schedules and procedures for fire alarm and fire detection systems shall be in accordance with Sections 907.8.1 through 907.8.4 and NFPA 72.
Records of inspection, testing and maintenance shall be documented using NFPA 72 record of inspection and testing forms.
(Ord. No. 2013-395, § 5, 12-10-2013; Ord. No. 2016-426, §§ 4, 5, 11-8-2016; Ord. No. 2019-464, §§ 4, 5, 12-10- 2019; Ord. No. 2022-487, §§ 4, 5, 11-29-2022; Ord. No. 2023-498, § 2(App. A), 9-12-2023)
12.08.030 Correction of violations.
The issuance or granting of a permit or approval of plans under this title shall not prevent the administrative authority from thereafter requiring the correction of errors in such plans and specifications, or from preventing construction operations being carried on thereunder when in violation of this Code or of any other law, or from revoking any certificate of approval when issued in error.
A. The 2022 California Building Code referred to in Section 12.08.010 is adopted, together with Chapter 1 of the 2022 California Building Code, with the following amendments and certain Appendix Chapters as follows:
Chapter 1, Division II, Section 105.5 and 105.5.1 is deleted and replaced to read as follows, as an administrative clarification, and does not modify a building standard pursuant to California Health & Safety Code Sections 17958, 17958.7 and/or 18941.5. This amendment establishes administrative standards for the effective enforcement of the building standards in the City of Los Altos.
Expiration. Every permit issued shall become invalid unless the work on the site authorized by such permit is commenced within twelve (12) months after its issuance, or if the work authorized on the site by such permit is suspended or abandoned for a period of twelve (12) months after the time the work is commenced. For the purpose of this section, failure to progress a project to the next level of required inspection, as determined by the building official, shall be deemed to be suspension of the work.
The building official is authorized to grant, in writing, no more than three extensions or reactivations of permits that would otherwise expire or reactivations of expired permits, for periods not more than 180 days each and may require:
1. That construction documents be revised to partially or fully to comply with current codes and ordinances; and
2. Payment of all applicable permit fees; and
3. Payment of a penalty pursuant to Chapter 12.72 of the Los Altos Municipal Code.
Extensions and reactivations shall be requested in writing and justifiable cause demonstrated. Additional extensions or reactivations beyond three may only be granted with the approval of the City Council.
Term limit for permits. All work associated with a building permit must be completed, and final inspection issued, within forty-eight (48) months of permit issuance. Once a term limit has been exhausted without obtaining an approved final inspection the permit will automatically become void. The building official is authorized to allow a new permit application to be applied for the original scope of work and may require:
Created: 2025-08-14 10:36:45 [EST]
(Supp. No. 44, Update 2)
1. That construction documents be revised to partially or fully to comply with current codes and ordinances; and
2. Payment of all plan review and permit fees; and
3. Payment of a penalty pursuant to Chapter 12.72 of the Los Altos Municipal Code.
For those projects that are residential only, the Building Official may modify expired permit fees when the owner can demonstrate that the project has received all required inspections, except for the Building Division final.
The fee amount of five hundred dollars ($500) shall be required within ten (10) working days of notice and the project shall achieve a final inspection within thirty (30) days of payment received, otherwise expired permit fees as noted above shall be required.
B. Work commencing before permit issuance. Whenever any work for which a permit is required by the California Code of Regulations as adopted in this chapter has been commenced without first obtaining said permit, the building official shall charge a minimum of two times and/or up to four times, for repeat offenders, on all applicable plan review and permit (inspection) fees related to the required permit(s), including, but not limited to, building permits (including, but not limited to electrical, fire, mechanical and plumbing), sign permits and demolition permits. The legal registered owner of said property shall obtain a building permit within thirty (30) days of any violation letter or stop-work notice issued by the City of Los Altos. The payment of the increased fee(s) shall not relieve any person from fully complying with the requirements of this code, other codes adopted by the City, or the requirements of the zoning ordinance.
Failure to comply with the provisions of this chapter may also subject the violator to any other penalties, sanctions or remedies provided elsewhere in this code. This provision shall not apply to emergency work when the administration authority determines that such work was urgently necessary and that it was not practical to obtain a permit therefore prior to the commencement of such work. In such cases, a permit shall be obtained as soon as it is practical to do so; and if there is an unreasonable delay (exceeding two working days) in obtaining such permit, a fee as provided in this section shall be charged.
Once building permits are issued pursuant to work commenced without required permits, it is the responsibility of the permit holder to obtain their first required building inspection within thirty (30) days from permit issuance date and shall receive a project final inspection within a one-year period. Any further delays will require additional building permit fees charged again in the original amount with an additional 30-day extension. If the project continues without meeting these deadlines, Administration Citation Fees and/or other legal remedies allowed by local, or state law shall be imposed.
Failure to contact the Building Division within five business days of receiving the violation notice may result in Administration Citation Fees, Chapter 1.30 of the Los Altos Municipal Code. (Ord. No. 2013-395, § 5, 12-10-2013; Ord. No. 2016-426, §§ 4, 5, 11-8-2016; Ord. No. 2019-464, §§ 4, 5, 12-10- 2019; Ord. No. 2022-487, §§ 4, 5, 11-29-2022; Ord. No. 2023-498, § 2(App. A), 9-12-2023)
12.08.040 Fee refunds.
The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected.
The building official may authorize refunding of not more than eighty (80) percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.
The building official may authorize refunding of not more than eighty (80) percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.
Created: 2025-08-14 10:36:45 [EST]
(Supp. No. 44, Update 2)
The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment. (Ord. No. 2013-395, § 5, 12-10-2013; Ord. No. 2016-426, §§ 4, 5, 11-8-2016; Ord. No. 2019-464, §§ 4, 5, 12-10- 2019; Ord. No. 2022-487, §§ 4, 5, 11-29-2022; Ord. No. 2023-498, § 2(App. A), 9-12-2023) Chapter 12.10 RESIDENTIAL CODE3
12.10.010 Adoption of the California Residential Code.
The 2022 California Residential Code, contained in the California Code of Regulations, Title 24, Part 2.5, published by the California Building Standards Commission and the International Code Council, which incorporates and amends the 2021 International Residential Code 2021 Edition, is hereby adopted. There is one copy of said code on file in the office of the Building Official for use and examination by the public. (Ord. No. 2013-395, § 7, 12-10-2013; Ord. No. 2016-426, § 7, 11-8-2016; Ord. No. 2019-464, §§ 7, 8, 12-10-2019; Ord. No. 2022-487, §§ 7, 8, 11-29-2022; Ord. No. 2023-498, § 2(App. A), 9-12-2023)
12.10.020 Amendments.
The 2022 California Residential Code referred to in Section 12.10.10 is adopted, together with Chapter 1 of the 2022 California Residential Code, with the following amendments to read as follows:
Chapter 3 Section R301.1.3.2 is deleted and replaced to read as follows, based upon the express finding of necessity set forth in section 9.B.1. of this Ordinance.
R301.1.3.2 Wood frame structures. The building official shall require construction documents to be approved and stamped for structural compliance by a California licensed architect or engineer for all dwellings of wood frame construction more than one story in height located in Seismic Design Category D0, D1, D2, or E.
Chapter 3 Section R313.1 and Section R313.2 are deleted and replaced to read as follows, based upon the express finding of necessity set forth in section 9.B.2. of this Ordinance.
Section R313.1 is amended to read as follows:
R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler system shall be installed in accordance with National Fire Protection Association's (NFPA) Standard 13D in all new townhouses and in existing townhouses, when additions are made that increase the building area to more than the allowable Fire-Flow Appendix B, Tables B105.1(1) and B105.1(2) of the 2022 California Fire Code, and/or additions exceeding fifty (50) percent of the existing living area (existing square foot calculations shall not include existing basement) and/or additions exceeding seven hundred and fifty (750) square feet. When automatic fire sprinkler systems are required by this section, all associated attached garages shall be included. Additions over fifty (50) percent and/or seven hundred and fifty (750) square feet as referenced above, shall be treated as a new structure regarding installation of fire sprinkler systems. For the purpose of 3Editor's note(s)—Ord. No. 2013-395, adopted Dec. 10, 2013, amended Ch. 12.10 in its entirety, in effect repealing and reenacting said chapter to read as set out herein. The former Ch. 12.10, §§ 12.10.010—12.10.030, pertained to similar subject matter and derived from Ord. No. 10-359, § 7, adopted Nov. 23, 2010.
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(Supp. No. 44, Update 2)
this section, removal of roof framing with associated exterior walls down to, or below the subfloor/slab shall be included in the above calculations. Therefore, the following shall apply:
The obligation to provide compliance with these fire sprinkler regulations may not be evaded by performing a series of small additions undertaken over a three-year period. The permit issuance dates of past additions where these regulations were in effect shall be used for determining compliance. a. Any submittal for building permits which exceed fifty (50) percent and/or seven hundred and fifty (750) square feet of existing floor areas (area calculations shall not include existing basement floor areas and any non-habitable floor areas i.e., garages) during the three-year period shall comply with fire sprinkler regulations.
b. No waiver shall be granted from compliance with fire sprinklers.
Section R313.2 is amended to read as follows:
R313.2 One and two-family dwellings automatic fire sprinklers systems. An automatic residential fire sprinkler system shall be installed in accordance with National Fire Protection Association's (NFPA) Standard 13D in all new one and two-family dwellings and in existing dwellings, when additions are made that increase the building area to more than the allowable Fire-Flow Appendix Tables B105.1(1) and B105.1(2) of the 2022 California Fire Code, and/or additions exceeding fifty (50) percent of the existing living area (existing square foot calculations shall not include existing basement) and/or additions exceeding seven hundred and fifty (750) square feet. When automatic fire sprinkler systems are required by this section, all associated garages shall be included. Additions over fifty (50) percent and/or seven hundred and (750) square feet as referenced above, shall be treated as a new structure regarding installation of fire sprinkler systems. For the purpose of this section, removal of roof framing with associated exterior walls down to, or below the subfloor/slab shall be included in the above calculations. Therefore, the following shall apply:
The obligation to provide compliance with these fire sprinkler regulations may not be evaded by performing a series of small additions undertaken over a three-year period and/or two California Building Standards Code Cycles. The permit issuance date of past additions where these regulations were in effect shall be used for determining compliance.
a. Any submittal for building permits which exceed fifty (50) percent and/or seven hundred and fifty (750) square feet of existing floor areas (area calculations shall not include existing basement floor areas and any non-habitable floor areas i.e., garages) during the three-year period shall comply with fire sprinkler regulations.
b. No waiver shall be granted from compliance with fire sprinklers.
Exceptions:
1. Detached Accessory Dwelling Unit, provided that all of the following are met:
1.1. The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2.
1.2. The existing primary residence does not have automatic fire sprinklers.
1.3. The accessory detached dwelling unit does not exceed 1,200 square feet in size.
1.4. The unit is on the same lot as the primary residence.
1.5. The unit meets all apparatus access and water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code.
Chapter 6 Section R602.10.4.3.1 and Table R602.10.3 (3) footnote "i" are new sections added to read as follows, based upon the express finding of necessity set forth in section 9.B.3. of this Ordinance.
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Amend Section R328.7 to read as follows:
R328.7 Fire detection. Rooms and areas within dwelling units, basements and attached garages in which ESS are installed shall be protected by smoke alarms in accordance with Section R314. A heat detector, listed and interconnected to the smoke alarms, shall be installed in locations within dwelling units and attached garages where smoke alarms cannot be installed based on their listing.
ESS installed in Group R-3 and townhomes shall comply with the following:
1. Rooms and areas within dwellings units, sleeping units, basements and attached garages in which ESS are installed shall be protected by smoke alarms in accordance with Section R314.
2. A listed heat alarm interconnected to the smoke alarms shall be installed in locations within dwelling units, sleeping units, and attached garages where smoke alarms cannot be installed based on their listing.
Exceptions:
1. A listed heat detector may be used in place of a heat alarm, so long as it is interconnected with devices that provide an audible alarm at all sleeping areas.
2. A fire sprinkler associated with an approved automatic sprinkler system that triggers an audible alarm upon activation of the waterflow switch, may be used in place of a heat alarm.
Add a new subsection R602.10.4.3.1 to read as follows:
R602.10.4.3.1 Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted for use as intermittent braced wall panels, but gypsum board is permitted to be installed when required by this Section to be placed on the opposite side of the studs from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1, and D2, the use of Method PCP is limited to accessory structures.
Add a new footnote "i" to the end of CRC Table R602.10.3(3), after the five footnotes (a) - (f) currently shown, to read:
g. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted, and the use of Method PCP is limited to accessory structures.
C. Only the following Appendix Chapters from the California Residential Code are adopted:
1. Appendix H, Patio Covers.
(Ord. No. 2013-395, § 7, 12-10-2013; Ord. No. 2016-426, § 7, 11-8-2016; Ord. No. 2019-464, §§ 7, 8, 12-10-2019; Ord. No. 2022-487, §§ 7, 8, 11-29-2022; Ord. No. 2023-498, § 2(App. A), 9-12-2023)
12.10.030 Correction of violations.
Correction of violations shall be pursuant to Chapter 12.08 of the Los Altos Municipal Code. (Ord. No. 2016-426, § 7, 11-8-2016; Ord. No. 2019-464, §§ 7, 8, 12-10-2019; Ord. No. 2022-487, §§ 7, 8, 11-29- 2022; Ord. No. 2023-498, § 2(App. A), 9-12-2023)
Editor's note(s)—Ord. No. 2016-426, § 7, adopted November 8, 2016, repealed former § 12.10.030, and enacted a new § 12.10.030 as set out herein. Former § 12.10.030 pertained to definitions and derived from Ord. No. 2013-395, adopted December 10, 2013.
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12.10.040 Fee refunds.
The building official may authorize refunding of any fee paid hereunder which was erroneously paid or collected.
The building official may authorize refunding of not more than eighty (80) percent of the permit fee paid when no work has been done under a permit issued in accordance with this code.
The building official may authorize refunding of not more than eighty (80) percent of the plan review fee paid when an application for a permit for which a plan review fee has been paid is withdrawn or canceled before any plan reviewing is done.
The building official shall not authorize refunding of any fee paid except on written application filed by the original permittee not later than one hundred eighty (180) days after the date of fee payment. (Ord. No. 2016-426, § 7, 11-8-2016; Ord. No. 2019-464, §§ 7, 8, 12-10-2019; Ord. No. 2022-487, §§ 7, 8, 11-29- 2022; Ord. No. 2023-498, § 2(App. A), 9-12-2023)
Chapter 12.12 PLUMBING CODE4
12.12.010 Plumbing Code—Adoption of the California Plumbing Code.
The 2022 California Plumbing Code, contained in California Code of Regulations, Title 24, Part 5, which incorporates and amends the Uniform Plumbing Code 2021 Edition, published by the International Association of Plumbing and Mechanical Officials, with amendments and certain appendices set forth in Section 12.12.020 is hereby adopted. There is one copy of said code on file in the office of the building official for use and examination by the public.
(Ord. No. 2013-395, § 10, 12-10-2013; Ord. No. 2016-426, §§ 9, 10, 11-8-2016; Ord. No. 2019-464, §§ 10, 11, 12- 10-2019; Ord. No. 2022-487, §§ 10, 11, 11-29-2022)
12.12.020 Amendments.
The 2022 California Plumbing Code referred to in Section 12.12.010 is adopted with the following amendments and certain Appendix Chapters as follows:
A. Section 710.1 is deleted and replaced to read as follows, based upon the finding of express necessity set forth in Section 8.B.1 of this Ordinance.
B. Drainage of Fixtures Located Below the Next Upstream Manhole or Below the Main Sewer level. 710.1Backflow Protection All new, replaced, or repaired building sewers, both public and private, requiring sewer connections to the City main sewer system shall be protected from backflow of sewage by installing an accessible approved type of backwater and atmospheric relief valve. Cleanouts for drains that pass through a backwater valve shall be clearly identified with a permanent label stating, "backwater valve downstream". 4Editor's note(s)—Ord. No. 2013-395, adopted Dec. 10, 2013, repealed Ch. 12.12 and enacted a new chapter as set out herein. The former Ch. 12.12, §§ 12.12.010 and 12.12.020, pertained to similar subject matter and derived from Ord. No. 08-319, § 7 (part) and Ord. No. 10-359, § 10, adopted Nov. 23, 2010.
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Building sewers shall have an atmospheric relief valve installed upstream of the backwater valve outside the building in close proximity to the foundation.
Exception: Sewer repairs where there is no existing cleanout located at or near the building foundation, may have these atmospheric relief devices placed near the repair upstream of the newly installed backwater valve.
C. Chapter 12 Section 1211.8 is amended to read as follows, based upon express finding of necessity set forth in section 8.B.2 of this Ordinance.
1211.7Earthquake-Actuated Gas Shutoff Valves Earthquake-actuated gas shutoff valves designed to automatically shut off the gas at the location of the valve in the event of a seismic disturbance and certified by the State Architect as conforming to California Code of Regulations, Title 24, Part 12, Chapter 12-16-1, shall be installed in all new buildings, and when reinstalling meters at the same location, and when relocating gas utility meters. Said gas shutoff valves shall be at or near the meter supplying gas to individual buildings.
D. Only the following Appendix Chapters from the Plumbing Code are adopted:
1. Appendix A, Recommended Rules for Sizing the Water Supply System.
2. Appendix B, Explanatory Notes on Combination Waste and Vent Systems.
3. Appendix D, Sizing Storm Water Drainage Systems.
4. Appendix H, Private Sewage Disposal Systems.
5. Appendix I, Installation Standard for Pex Tubing Systems for Hot and - Cold-Water Distribution. (Ord. No. 2013-395, § 10, 12-10-2013; Ord. No. 2016-426, §§ 9, 10, 11-8-2016; Ord. No. 2019-464, §§ 10, 11, 12- 10-2019; Ord. No. 2019-464, §§ 13, 14, 12-10-2019; Ord. No. 2022-487, §§ 10, 11, 11-29-2022) Chapter 12.16 MECHANICAL CODES5
12.16.010 Adoption of the California Mechanical Code.
The 2022 California Mechanical Code, contained in the 2022 California Code of Regulations, Title 24, Part 4, which incorporates and amends the Uniform Mechanical Code 2021 Edition, published by the International Association of Plumbing and Mechanical Officials, is hereby adopted. There is one copy of said code on file in the office of the building official for use and examination by the public. (Ord. No. 2013-395, § 13, 12-10-2013; Ord. No. 2016-426, §§ 12, 13, 11-8-2016; Ord. No. 2019-464, §§ 13, 14, 12- 10-2019; Ord. No. 2022-487, §§ 13, 14, 11-29-2022)
Chapter 12.20 ELECTRICAL CODE6
5Editor's note(s)—Ord. No. 2013-395, adopted Dec. 10, 2013, repealed Ch. 12.16 and enacted a new chapter as set out herein. The former Ch. 12.16, § 12.16.010, pertained to similar subject matter and derived from Ord. No. 08-319, § 10 and Ord. No. 10-359, § 13, adopted Nov. 23, 2010. 6Editor's note(s)—Ord. No. 2013-395, adopted Dec. 10, 2013, repealed Ch. 12.20 and enacted a new chapter as set out herein. The former Ch. 12.20, § 12.20.010, pertained to similar subject matter and derived from Ord. No. 08-319, § 12 and Ord. No. 10-359, § 15, adopted Nov. 23, 2010.
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12.20.010 Adoption of the California Electrical Code.
The 2022 California Electrical Code, contained in the 2022 California Code of Regulations, Title 24, Part 3, incorporates and amends the National Electrical Code 2020 Edition, published by the National Fire Protection Association, is hereby adopted. There is one copy of said code on file in the office of the building official for use and examination by the public.
(Ord. No. 2013-395, § 15, 12-10-2013; Ord. No. 2016-426, §§ 14, 15, 11-8-2016; Ord. No. 2019-464, §§ 15, 16, 12- 10-2019; Ord. No. 2022-487, §§ 15, 16, 11-29-2022)
Chapter 12.22 ENERGY CODE7
12.22.010 Adoption of the California Energy Code.
There is hereby adopted by reference as if fully set forth herein, the 2019 California Energy Code, contained in the California Code of Regulations, Title 24, Part 6, published by the International Code Council, and each and all of its regulations and provisions. One copy is on file for use and examination by the public in the office of the building official.
(Ord. No. 2013-395, § 16, 12-10-2013; Ord. No. 2016-426, § 16, 11-8-2016; Ord. No. 2019-464, §§ 17, 18, 12-10- 2019; Ord. No. 2020-470B, § 1, 11-10-2020; Ord. No. 2022-487, §§ 17, 18, 11-29-2022)
12.22.020 Amendments for all-electric buildings.
City of Los Altos local amendments to the 2022 California Energy Code. Upon adoption of this Code in the event that there is any conflict between local amendments and the 2022 California Energy Code the most restrictive shall prevail.
A. Amend Section 100.1(b) of the Energy Code by adding the following definitions to read as follows:
ALL-ELECTRIC BUILDING is a building that has no natural gas or propane plumbing installed within the building.
NEWLY CONSTRUCTED BUILDING (Applicable to Chapter 12.22 Energy Code Section 12.22.020 Amendments) is a building that has never been used or occupied for any purpose and supported by 1) a new structural foundation, 2) an existing, structural foundation where a building has been demolished and removed to floor or below, or 3) a combination of 1) and 2).
PUBLIC BUILDING is a building used by the public for any purpose, such as assembly, education, entertainment, or worship.
SCIENTIFIC LABORATORY BUILDING is a building or area where research, experiments, and measurement in medical, life, and physical sciences are performed and/or stored requiring examination of fine details. The building may include workbenches, countertops, scientific instruments, and supporting offices. 7Editor's note(s)—Ord. No. 2013-395, adopted Dec. 10, 2013, amended Ch. 12.22 in its entirety, in effect repealing and reenacting said chapter to read as set out herein. The former Ch. 12.22, § 12.22.010, pertained to similar subject matter and derived from Ord. No. 08-319, § 13 and Ord. No. 10-359, § 16, adopted Nov. 23, 2010.
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Subchapter 1 Section 100.0(e)2.A. is deleted and replaced to read as follows, based on express finding of necessity set forth of this Ordinance.
B. Amend Section 100.0(e)2.A. of the Energy Code to read as follows:
2.Newly constructed buildings.
A. Sections 110.0 through 110.12 apply to all newly constructed buildings within the scope of Section 100.0(a). In addition, newly constructed buildings shall meet the requirements of Subsections B, C, D or E, as applicable and shall be an all-electric building as defined in Section 100.1(b).
Exception 1: Residential Single-Family Dwellings, Detached ADUs (Accessory Dwelling Units), Multifamily Dwellings with two to nine units may install non-electric (natural gas-fueled) cooking and fireplace appliances if the applicant complies with the prewiring provisions, Subsection 12.22.020B.3.
Exception 2: Non-residential Buildings containing for-profit restaurant open to the public may install gasfueled cooking appliances. The applicant shall comply with the pre-wiring provision of Subsection
12.22.020B.3.
Exception 3: Non-residential buildings, Scientific Laboratory Buildings and Public Buildings may apply to the Building Division of the Los Altos Development Services Department for an exception to install a non-electric fueled appliance or piece of equipment. The Building Division of the Los Altos Development Services Department shall grant an exception if they find the following conditions are met:
i. The applicant shows that there is a public or business-related need that cannot be reasonably met with an electric fueled appliance or piece of equipment. ii. The applicant complies with the pre-wiring provisions to the non-electric appliance or piece of equipment noted at Subsection 12.22.020B.3.
The decision of the Building Division of the Los Altos Development Services Department shall be final unless the applicant appeals the decision to the City Manager or his or her designee within 15 days of the date of the decision. The City Manager's or his or her designee's decision on the appeal shall be final.
3.Wiring to accommodate future electric appliances or equipment. (a) If a non-electric appliance or piece of equipment is allowed to be installed, the appliance or equipment location must also be electrically pre-wired for future electric appliance or equipment installation, including:
i. A dedicated circuit, phased appropriately, with a minimum amperage requirement for a comparable electric appliance with an electrical receptacle or junction box that is connected to the electric panel with conductors of adequate capacity, extending to within 3 feet of the appliance and accessible with no obstructions. Appropriately sized conduit may be installed in lieu of conductors; and
ii. Both ends of the unused conductor or conduit shall be labeled with the words "For Future Electric appliance or equipment" and be electrically isolated; and iii. A reserved circuit breaker space shall be installed in the electrical panel adjacent to the circuit breaker for the branch circuit and labeled for each circuit, an example is as follows (i.e. "For Future Electric Range;"); and
iv. All electrical components, including conductors, receptacles, junction boxes, or blank covers, related to this section shall be installed in accordance with the California Electrical Code.
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(Ord. No. 2020-470A, § 1, 11-10-2020; Ord. No. 2020-470B, § 1, 11-10-2020; Ord. No. 2020-470C, § 1, 11-10-2020; Ord. No. 2022-487, §§ 17, 18, 11-29-2022)
Chapter 12.24 FIRE CODE8
12.24.010 Adoption of the 2022 California Fire Code.
There is hereby adopted by the City, for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that certain code known as the 2022 California Fire Code, contained in the 2022 California Code of Regulations, Title 24, Part 9, which incorporates and amends the International Fire Code 2021 Edition, published by the International Code Council, including Appendix Chapters B, C, D and O, save and except such portions as are hereinafter deleted, modified or amended by this chapter. One copy has been filed for use and examination by the public in the office of the Building Official. Said codes are adopted and incorporated as fully as if set out at length herein, and from the date on which the ordinance codified in this chapter shall take effect.
(Ord. No. 2013-395, § 18, 12-10-2013; Ord. No. 2016-426, § 16, 11-8-2016; Ord. No. 2019-464, §§ 19, 20, 12-10- 2019; Ord. No. 2022-487, §§ 20, 21, 11-29-2022)
12.24.015 Findings.
The City Council of the City of Los Altos hereby expressly finds that amendments to the California Fire Code adopted by this chapter and commencing with Section 12.24.080 are reasonably necessary for the protection of the public health, safety, and welfare, due to the local climatic, geologic, or topographical conditions specified as follows:
The City of Los Altos experiences low humidity, high winds and warm temperatures during the summer months creating conditions which are particularly conducive to the ignition and spread of grass, brush, and structure fires. Additionally, the City of Los Altos is geographically situated adjacent to active earthquake faults capable of producing substantial seismic events. Since the City of Los Altos is divided by creeks, an expressway and other substantial traffic corridors, the occurrence of a major earthquake would significantly impact the ability of fire crews to respond to emergencies should one or more bridges collapse or be substantially damaged. In addition, fire suppression capabilities would be severely limited should the water system be extensively damaged during the seismic event. Therefore, mitigation measures are necessary such as: automatic fire suppression systems, communications systems, access to buildings, seismic protection, safety controls for hazardous materials and other safeguards in order to minimize the risks to citizens, firefighters and property due to the severity of the fire threat and potential response delays.
The below table provides the express findings and determinations (where necessary pursuant to California Health & Safety Code Sections 17958, 17958.7 and/or 18941.5) justifying the City of Los Altos' amendments to the 2022 Edition of the California Fire Code as reasonably necessary because of local climatic, geologic, or topographic conditions.
8Ord. No. 2022-487, § 20, adopted November 29, 2022, repealed Ch. 12.24 and enacted a new chapter as set out herein. The former Ch. 12.24, §§ 12.24.010—12.24.080, pertained to similar subject matter and derived from Ord. No. 08-319, § 15 (part); Ord. No. 10-359, § 18, adopted Nov. 23, 2010; and Ord. No. 2013-395, adopted Dec. 10, 2013.
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Admin = This amendment is necessary for administrative clarification and does not modify a building standard pursuant to California Health & Safety Code Sections 17958, 17958.7 and/or 18941.5. This amendment establishes administrative standards for the effective enforcement of the building standards in the City of Los Altos.
I = This amendment is reasonably necessary because of climatic conditions.
II = This amendment is reasonably necessary because of topographical conditions.
III = This amendment is reasonably necessary because of geological conditions.
Code Section California Fire Code Local Amendment Findings 108.5 Final Inspection Admin
112.4 Violation penalties Admin
Chapter 2 Definitions Admin
503.1 Where required Admin
503.1.1 Buildings and facilities Admin
503.2.1 Dimensions Admin
503.2.4 Turning Radius Admin
503.2.7 Grade Admin
503.5 Required Gates or Barricades Admin
503.6 Security Gates Admin
504.5 Access control devices II & III
505.1 Address identification Admin
510.1 Emergency responder communication coverage in
new buildings
Admin
510.1.1 Obstruction by new buildings Admin
510.3 Permit required Admin
510.4 Technical requirements Admin
510.4.1.1 Minimum signal strength into the building Admin 510.4.1.2 Minimum signal strength out of the
building
Admin
510.5 Installation requirement Admin
510.5.1 Approval prior to installation Admin
510.5.3 Acceptance test procedure Admin
603.11 Immersion Heaters Admin
605.5 Portable unvented heaters Admin
605.5.2.1.1 Prohibited locations Admin
703.3 Fire-resistant penetrations and joints Admin
901.6.2 Integrated testing Admin
901.6.2.1 High-rise buildings Admin
901.6.3 Records Admin
903.2 Where required II & III
909.20.1 Schedule Admin
1202.1 Definitions Admin
1207.1.5 Large-scale fire test Admin
1207.2.2.1 Ongoing inspection and testing Admin
1207.5.2 Maximum allowable quantities Admin
1207.5.5 Fire suppression systems III
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1207.11.3 Location Admin
1207.11.6 Fire detection III
3305.5 Fire watch Admin
3305.10 Fire Walls II & III
3311.1.1 Fire Department Access Roadways II & III
3312.1 Stairways required Admin
3312.4 Required Means of Egress II & III
3315.1 Completion before occupancy Admin
4901.3 Where applicable Admin
4901.4 Exemptions Admin
4906.1.1 Hazardous vegetation and fuels mgmt.. Admin
4906.1.2 Maintenance required Admin
4906.1.3 4906.1.3 Additional measures Admin
4906.1.4 Exemption Admin
4907.3 Requirements Admin
5001.2.2.2 Health Hazards Admin
5002.1 Definitions Admin
5003.1.3.1 Toxic, Highly Toxic, Moderately Toxic
Gases
III
5003.1.5 Health Hazards - Other III
5003.1.6 Additional Spill Control and
Secondary Containment Requirements
III
5003.2.2.1 Design and Construction III
5003.2.2.2 Additional Regulation for Supply Piping
for Health Hazard Materials
III
5003.5.2 Ventilation Ducting III
5003.5.3 "H" Occupancies III
5003.10.4.x.x Elevators utilized to transport
hazardous materials
Admin
5004.2.1 Spill Control for Hazardous Material
Liquids
Admin
5004.2.2.2 Incompatible Materials Admin
5402.1 Definition Admin
5601.1.1.3 Fireworks Admin
5704.2.7.5.8 Overfill Prevention Admin
5704.2.7.5.9 Automatic Filling of Tanks Admin
5704.2.9.6.1 Locations where above-ground tanks are prohibited Admin 5706.2.4.4 Locations where above-ground tanks are prohibited Admin 5707.3.3 Site plan Admin
5809.3.4 Site plan Admin
6104.2 Maximum capacity within established limits Admin 6001.1 Scope Admin
6004.1 General Admin
6004.1.1 Special limitations for indoor storage and
use by occupancy
Admin
6004.1.1.1 Group A, E, I or U occupancies Admin
6004.1.1.2 Group R occupancies Admin
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6004.1.1.3 Offices, retail sales and classrooms Admin
6004.2 Indoor storage and use Admin
6004.2.1 Applicability Admin
6004.2.1.4 Quantities exceeding the minimum
threshold
Admin
6004.4 General indoor requirements Admin
6004.4.1 Cylinder and tank location Admin
6004.4.2 Ventilated areas Admin
6004.4.3 Piping and controls Admin
6004.4.4 Gas rooms Admin
6004.4.5 Treatment systems Admin
6004.4.5.1 Design Admin
6004.4.5.2 Performance Admin
6004.4.5.3 Sizing Admin
6004.4.5.4 Stationary tanks Admin
6004.4.5.5 Portable tanks and cylinders Admin
6004.4.6 Emergency power Admin
6004.4.6.1 Fail-safe systems Admin
6004.4.7 Automatic fire detection system Admin
6004.4.8 Gas detection system Admin
6004.4.8.1 Alarms Admin
6004.4.8.2 Shut off of gas supply Admin
6104.2 Maximum capacity within established limits Admin 6405.3.1 Silane distribution systems automatic shutdown Admin (Ord. No. 2013-395, § 18, 12-10-2013; Ord. No. 2016-426, § 17, 18, 11-8-2016; Ord. No. 2019-464, §§ 19, 20, 12- 10-2019; Ord. No. 2022-487, §§ 20, 21, 11-29-2022)
12.24.020 Establishment and duties of the fire prevention division.
A. The California Fire Code shall be enforced by the Santa Clara County Fire Department which shall be operated under the supervision of the Chief of the Fire Department.
B. The City fire marshal shall be the chief of the fire prevention division and shall be appointed by the Chief of the Fire Department.
C. The Chief of the Fire Department may assign members of the fire department as deputy fire marshals as shall be necessary.
(Ord. No. 2013-395, § 18, 12-10-2013; Ord. No. 2016-426, § 17, 18, 11-8-2016; Ord. No. 2019-464, §§ 19, 20, 12- 10-2019; Ord. No. 2022-487, §§ 20, 21, 11-29-2022)
12.24.030 Definitions.
A. Wherever the words "board of appeal" are used, they shall mean the City Council of the City of Los Altos, or the body appointed by the Council to pass on matters pertaining to fire safety.
B. Wherever the words "fire prevention bureau" are used in the California Fire Code, they shall mean the fire prevention division of the fire department.
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C. Wherever the term "fire code official" is used, it shall mean the chief of the fire department.
D. Wherever the word "jurisdiction" is used in the California Fire Code, it shall mean the City of Los Altos. (Ord. No. 2013-395, § 18, 12-10-2013; Ord. No. 2016-426, § 17, 18, 11-8-2016; Ord. No. 2019-464, §§ 19, 20, 12- 10-2019; Ord. No. 2022-487, §§ 20, 21, 11-29-2022)
12.24.080 Fire code—Amendments.
The 2022 California Fire Code referred to in Section 12.24.010 is adopted with the following amendments and certain Appendix Chapters as follows:
Chapter 1 SCOPE AND ADMINISTRATION
Section 105 PERMITS
Section 108.5 Final inspection.
Section 112.4 Violation penalties.
Section 108 INSPECTIONS
Section 108.5 is added to read as follows:
Section 108.5 Final Inspection.
No final inspection as to all or any portion of a development shall be deemed completed until the installation of the required fire protection facilities and access ways have been completed and approved. No final certificate of occupancy may be granted until the Fire Department issues notice of final clearance of such fire protection facilities and access ways to the Building Division.
Section 112 VIOLATIONS
Section 112.4 is amended to read as follows:
Section 112.4Violation penalties.
Violation penalties shall be in accordance with Title 1, Chapter 1.30 of the City of Los Altos Municipal Code.
Chapter 2 DEFINITIONS
Chapter 2 of the 2022 California Fire Code and 2021 International Fire Code is amended to include the following definitions:
CORROSIVE LIQUID. Corrosive liquid is:
1. any liquid which, when in contact with living tissue, will cause destruction or irreversible alteration of such tissue by chemical action; or
2. any liquid having a pH of 2 or less or 12.5 or more; or
3. any liquid classified as corrosive by the U.S. Department of Transportation; or
4. any material exhibiting the characteristics of corrosivity in accordance with Title 22, California Code of Regulations §66261.22.
LARGE-SCALE FIRE TESTING. Testing a representative energy storage system that induces a significant fire into the device under test and evaluates whether the fire will spread to adjacent energy storage system units, surrounding equipment, or through an adjacent fire-resistance-rated barrier.
MODERATELY TOXIC GAS. A chemical or substance that has a median lethal concentration (LC50) in air more than 2000 parts per million but not more than 5000 parts per million by volume of gas or vapor, when
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administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino rats weighing between 200 and 300 grams each.
HEALTH HAZARD - OTHER. A hazardous material which affects target organs of the body, including but not limited to, those materials which produce liver damage, kidney damage, damage to the nervous system, act on the blood to decrease hemoglobin function, deprive the body tissue of oxygen or affect reproductive capabilities, including mutations (chromosomal damage), sensitizers or teratogens (effect on fetuses).
SPILL CONTROL. That level of containment that is external to and separate from the primary containment and is capable of safely and securely containing the contents of the largest container and prevents the materials from spreading to other parts of the room.
SECONDARY CONTAINMENT. Secondary containment is that level of containment that is external to and separate from primary containment and is capable of safely and securely containing the material, without discharge, for a period of time reasonably necessary to ensure detection and remedy of the primary containment failure.
WORKSTATION. A defined space or an independent principal piece of equipment using flammable or unstable (Class 3 or 4 as ranked by NFPA 704) hazardous materials where a specific function, laboratory procedure or research activity occurs. Approved or listed hazardous materials storage cabinets, flammable liquid storage cabinets or gas cabinets serving a workstation are included as part of the workstation. A workstation is allowed to contain ventilation equipment, fire protection devices, detection devices, electrical devices and other processing and scientific equipment.
Chapter 5 FIRE SERVICE FEATURES
Section 503 FIRE APPARATUS ACCESS ROADS
Section 503.1 Where required.
Section 503.1.1 Buildings and facilities.
Section 503.2.1 Dimensions.
Section 503.2.4 Turning Radius.
Section 503.2.7 Grade.
Section 503.5 Required Gates or Barricades.
Section 503.6 Security Gates.
Section 503.1 is amended to read as follows:
Section 503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3 and as per Fire Department access road Standards.
Section 503.1.1 is amended to read as follows:
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements for this section and shall extend to within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first story of the building as measured by an approved route around the exterior of the building or facility.
Exceptions:
1. In other than R-3 or U occupancies, when the building is equipped throughout with an approved automatic sprinkler system, installed in accordance with Section 903.3.1.1 the dimension may be increased to a maximum of 300 feet when approved by the fire code official.
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2. When there are not more than two Group R-3 or accessory Group U occupancies, the dimension may be increased to a maximum of 200 feet.
3. When apparatus roads cannot be installed because of topography, waterways, nonnegotiable grades or other similar conditions, an approved alternative means of fire protection shall be provided.
Section 503.2.1 is amended to read as follows:
Section 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm) for engines, and 26 feet (7925 mm) for aerial fire apparatus exclusive of shoulders, except for approved gates or barricades in accordance with Sections 503.5.1 and 503.6 and the unobstructed vertical clearance shall be a minimum of 13 feet 6 inches (4115 mm), or as determined by the fire code official.
Exception: When there are not more than two Group R, Division 3, or Group U parcels, the access road width may be modified by the fire code official.
Section 503.2.4 is amended to read as follows:
503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be a minimum of 30 feet (9144 mm) inside, and a minimum of 50 feet (15240 mm) outside.
Section 503.2.7 is amended to read as follows:
503.2.7 Grade.The maximum grade of a fire department apparatus access road shall not exceed 15-percent, unless approved by the fire code official.
Section 503.5 is amended to read as follows:
503.5 Required gates or barricades.The fire code official is authorized to require the installation and maintenance of gates or other approved barricades across fire apparatus access roads, trails, or other accessways, not including the public streets, alleys, or highways. The minimum width for commercial applications is 20 feet (6096 mm), and 12 feet (4268 mm) for single-family dwellings. Electric gate operators, where provided shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed, and installed to comply with the requirements of ASTM F2200.
Section 503.6 is amended to read as follows:
503.6 Security gates. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, they shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times.
Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall be designed, constructed and installed to comply with the requirements of ASTM F2200. The minimum width for commercial applications is 20 feet (6096 mm), and 12 feet (4268 mm) for single-family dwellings.
Section 504 ACCESS TO BUILDINGS AND ROOFS
Section 504.5 is added to read as follows:
Section 504.5 Access control devices. When access control devices including bars, grates, gates, electric or magnetic locks or similar devices, which would inhibit rapid fire department emergency access to the building, are installed, such devices shall be approved by the fire code official. All electrically powered access control devices shall be provided with an approved means for deactivation or unlocking from a single location or otherwise approved by the fire code official.
Access control devices shall also comply with Chapter 10 Means of Egress.
Section 505 PREMISES IDENTIFICATION
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Section 505.1 is amended to read as follows:
505.1 Address identification. New and existing buildings shall be provided with approved address identification. The address identification shall be legible and placed in a position that is visible from the street or road fronting the property. Address identification characters shall contrast with their background.
Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each character shall be not less than 6 inches (153 mm) high with a minimum stroke width of 1/2 inch (12.7 mm).
Where required by the fire code official, address identification shall be provided in additional approved locations to facilitate emergency response. Where access is by means of a private road and the building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to identify the structure. Address identification shall be maintained.
The following is a guideline for adequate address number dimensions:
a. The number posted up to 49 feet from the public street shall be of one solid color which is contrasting to the background and be at least six (6) inches high with a half (½) inch stroke. b. The number posted from 50 to 100 feet from the public street shall be of one solid color which is contrasting to the background and be at least six (6) inches high with a one (1) inch stroke. c. The number posted over 100 to 199 feet from the public street shall be of one solid color which is contrasting to the background and be at least ten (10) inches high with a one and a half (1½) inch stroke.
d. The number posted over 200 to 299 feet from the public street shall be of one solid color which is contrasting to the background and be at least ten (18) inches high with a one and a half (2) inch stroke. e. The number posted over 300 to 400 feet from the public street shall be of one solid color which is contrasting to the background and be at least ten (24) inches high with a one and a half (2½) inch stroke.
Section 510 EMERGENCY RESPONDER COMMUNICATION COVERAGE
Section 510.1 is amended to read as follows:
510.1 Emergency responder radio coverage in new buildings. Approved radio coverage for emergency responders shall be provided within all buildings meeting any one of the following conditions:
1. There are more than 3 stories above grade plane (as defined by the California Building Code Section 202);
2. The total building area is 30,000 square feet or more;
3. The total basement area is 5,000 square feet or more;
4. Where required by the fire code official and radio coverage signal strength levels are not consistent with the minimum levels set forth in Section 510.4.1
Exceptions:
1. Where approved by the fire code official, a wired communication system in accordance with Section 907.2.12.2 shall be permitted to be installed or maintained in lieu of an approved radio coverage system.
2. Where it is determined by the fire code official that the radio coverage system is not needed.
3. In facilities where emergency responder radio coverage is required and such systems, components or equipment required could have a negative impact on the normal operations of that facility, the fire code official shall have the authority to accept an automatically activated emergency responder radio coverage system.
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4. Buildings and areas of buildings that have minimum radio coverage signal strength levels of the Silicon Valley Regional Interoperability Authority (SVRIA) P25 Phase 2 700 MHz Digital Trunked Radio System within the building in accordance with Section 510.4.1 without the use of an indoor radio coverage system.
The radio coverage system shall be installed and maintained in accordance with Sections 510.4 through 510.6.4 of this code and with the applicable provisions of NFPA 1221, Standard for the Installation, Maintenance and Use of Emergency Services Communications Systems.
The coverage shall be based upon the existing coverage levels of the public safety communication systems of the jurisdiction at the exterior of the building. This section shall not require improvement of the existing public safety communication systems.
Section 510.1.1 is amended to read as follows:
510.1.1Obstruction by new buildings. No obstruction of the public safety system backhaul shall be allowed without an approved mitigating plan.
Section 510.3 is amended to read as follows:
510.3 Permit required. A construction permit, for the installation of, or modification of, emergency responder radio coverage systems and related equipment is required as specified in Section 105.7.6.
Maintenance performed in accordance with this code is not considered a modification and does not require a permit. A frequency change made to an existing system is considered to be new construction and will require a construction permit Section 510.4 is amended to read as follows:
510.4 Technical requirements. Systems, components, and equipment required to provide the emergency responder radio coverage system shall comply with the current Emergency Responders Radio Coverage Systems Standard Details & Specification enforced by the Santa Clara County Fire Department.
Section 510.4.1.1 is amended to read as follows:
510.4.1.1 Minimum signal strength into the building. The minimum inbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The inbound signal level shall be sufficient to provide not less than a Delivered Audio Quality (DAQ) of 3.0 for analog communications and DAQ of 3.4 for digital communications systems or an equivalent Signalto-Interference-Plus-Noise Ratio (SINR) applicable to the technology.
Section 510.4.1.2 is amended to read as follows:
510.4.1.2 Minimum signal strength out of the building. The minimum outbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The outbound signal level shall be sufficient to provide not less than a DAQ of 3.0 for analog communications and DAQ of 3.4 for digital communications systems or an equivalent SINR applicable to the technology.
Section 510.5 is amended to read as follows:
510.5 Installation requirement. The installation of the emergency responder radio coverage system shall be in accordance with NFPA 1221 and the current Emergency Responder Radio Coverage Systems Standard Details & Specification enforced by the Santa Clara County Fire Department.
Section 510.5.1 is amended to read as follows:
510.5.2 Approval prior to installation. Amplification systems capable of operating on frequencies licensed to any public safety agency by the FCC or other radio licensing authority shall not be installed without prior coordination and approval of the fire code official and the agency FCC license holder or systems administrator.
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The first paragraph of Section 510.5.3 is amended to read as follows:
510.5.3 Acceptance test procedure. Where an emergency responder radio coverage system is required, and upon completion of installation, the building owner shall have the radio system tested to verify that two-way coverage on each floor of the building is not less than 95 percent. Final system acceptance will require ERRCS power level and DAQ testing with agency FCC license holder, systems administrators, or designee.
Chapter 6 BUILDING SERVICES AND SYSTEMS
Section 603 ELECTRICAL EQUIPMENT, WIRING AND HAZARDS
Add Section 603.11 to read as follows:
603.11 Immersion Heaters. All electrical immersion heaters used in dip tanks, sinks, vats, and similar operations shall be provided with approved over-temperature controls and low liquid level electrical disconnects. Manual reset of required protection devices shall be provided.
Section 605 FUEL-FIRED APPLIANCES
Section 605 is amended to read as follows:
605.5 Portable unvented heaters. Portable unvented fuel-fired heating equipment shall be prohibited in occupancies in Groups A, B, E, I, R-1, R-2, R2.1, R2.2, R-3, R3.1 and R-4 and ambulatory care facilities.
Portable unvented fuel-fired heating equipment shall be prohibited in the public rights-of-way.
Exceptions:
1. Portable unvented fuel-fired heaters listed in accordance with UL 647 are permitted to be used in one and two-family dwellings, where operated and maintained in accordance with the manufacturer's instructions.
2. Portable outdoor gas-fired heating appliances in accordance with Section 605.5.2.
Section 605.5.2.1.1 is amended to read as follows and the exception in the Section is deleted:
605.5.2.1.1 Prohibited locations. The storage or use of portable outdoor gas-fired heating appliances is prohibited in any of the following locations:
1. Inside of any occupancy where connected to the fuel gas container.
2. Inside of tents, canopies, and membrane structures.
3. On exterior balconies and rooftops
Chapter 7 FIRE AND SMOKE PROTECTION FEATURES
Section 703 PENETRATIONS
Section 703.3 is amended to read as follows:
703.3 Fire-resistant penetrations and joints. In high-rise buildings, in buildings assigned to Risk Category III or IV, or in fire areas containing Group R occupancies with an occupant load greater than 100, and other occupancies as determined necessary special inspections for through-penetrations, membrane penetration firestops, fire resistant joint systems and perimeter fire containment systems that are tested and listed in accordance with CBC Sections 714.4.1.2, 714.5.1.2, 715.3.1 and 715.4 shall be in accordance with Section 1705.18.1 or 1705.18.2.
Chapter 9 FIRE PROTECTION AND LIFE SAFETY SYSTEMS
Section 901 GENERAL
Section 901.6.2 is amended as follows:
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901.6.2 Integrated testing. Where two or more fire protection or life safety systems are interconnected, the intended response of subordinate fire protection and life safety systems shall be verified when required testing of the initiating system is conducted. In addition, integrated testing shall be performed in accordance with Sections 901.6.2.1 and 901.6.2.2.
901.6.2.1 High-rise buildings. For high-rise buildings, integrated testing shall comply with NFPA 4, with an integrated test performed prior to issuance of the certificate of occupancy and at intervals not exceeding 10 years, unless otherwise specified by an integrated system test plan prepared in accordance with NFPA 4. If an equipment failure is detected during integrated testing, a repeat of the integrated test shall not be required, except as necessary to verify operation of fire protection or life safety functions that are initiated by equipment that was repaired or replaced. For existing buildings, the testing timeframe shall be specified by the integrated systems test plan prepared in accordance with NFPA 4 as approved by the fire code official. 901.6.2.2 Smoke control systems. Where a fire alarm system is integrated with a smoke control system as outlined in Section 909, integrated testing shall comply with NFPA 4, with an integrated test performed prior to issuance of the certificate of occupancy and at intervals not exceeding 10 years, unless otherwise specified by an integrated system test plan prepared in accordance with NFPA 4. If an equipment failure is detected during integrated testing, a repeat of the integrated test shall not be required, except as necessary to verify operation of fire protection or life safety functions that are initiated by equipment that was repaired or replaced. For existing buildings, the testing timeframe shall be specified by the integrated systems test plan prepared in accordance with NFPA 4 as approved by the fire code official.
Section 901.6.3 is amended to read as follows:
901.6.3 Records. Records of all system inspections, tests and maintenance required by the referenced standard shall be maintained on the premises for a minimum of five years. See 907.7 & 907.8 for fire alarm system inspection, testing and maintenance documentation requirements.
Section 903 AUTOMATIC SPRINKLER SYSTEMS
Section 903.2 Where required.
Section 903.2.18 Group U private garages and carports accessory to Group R-3 occupancies.
Section 903.2 is amended to read as follows:
Section 903.2Where required. Approved automatic sprinkler systems in new and existing buildings and structures shall be provided in the locations described in this Section or in Sections 903.2.1 through 903.2.12 whichever is the more restrictive and Sections 903.2.14 through 903.2.21.
For the purposes of this section, firewalls and fire barriers used to separate building areas shall be constructed in accordance with the California Building Code and shall be without openings or penetrations.
1. An automatic sprinkler system shall be provided throughout all new buildings and structures, other than Group R occupancies, except as follows:
a. Buildings and structures not located in any Wildland-Urban Interface and not exceeding 1,200 square feet of fire area.
b. Buildings and structures located in any Wildland-Urban Interface Fire Area and not exceeding 500 square feet of fire area.
c. Canopies, constructed in accordance with CBC 406.7.2, used exclusively for weather protection of vehicle fueling pads per CBC 406.7.1 and not exceeding 5,000 square feet of fire area. d. Group S-2 or U occupancies, including photovoltaic support structures, used exclusively for vehicle parking which meet all of the following:
i. Noncombustible construction.
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ii. Maximum 5,000 square feet in building area.
iii. Structure is open on not less than three (3) sides nor 75% of structure perimeter. iv. Minimum of 10 feet separation from existing buildings, or similar structures, unless area is separated by fire walls complying with California Building Code 706.
2. An automatic sprinkler system shall be installed throughout all new buildings with a Group R fire area.
Exception: Detached Accessory Dwelling Unit, provided that all of the following are met:
a. The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2.
b. The existing primary residence does not have automatic fire sprinklers. c. The accessory detached dwelling unit does not exceed 1,200 square feet in size. d. The unit is on the same lot as the primary residence. e. The unit meets all apparatus access and water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code.
3. An approved automatic fire sprinkler system shall be installed in new manufactured homes (as defined in California Health and Safety Code Sections 18007 and 18009) and multifamily manufactured homes with two dwelling units (as defined in California Health and Safety Code Section 18008.7) in accordance with Title 25 of the California Code of Regulations.
4. An approved automatic sprinkler system shall be provided throughout all existing buildings, when additions are made that exceed fifty (50) percent and/or seven hundred and fifty (750) square feet of existing floor areas (area calculations shall not include existing basement floor areas).
5. An approved automatic sprinkler system shall be provided throughout all new basements regardless of size and throughout existing basements that are expanded by more than 50%.
6. An approved automatic sprinkler system shall be provided throughout existing buildings and structures when alterations or additions are made that create conditions described in Sections 903.2.1 through 903.2.18.
7. Any change in the character of occupancy or in use of any building with a fire area equal to or greater than 3,600 square feet which, in the opinion of the fire code official or building official, would place the building into a more hazardous division of the same occupancy group or into a different group of occupancies and constitutes a greater degree of life safety1 or increased fire risk2 , shall require the installation of an approved fire automatic fire sprinkler system. 1 Life Safety - Shall include, but not limited to: Increased occupant load, public assembly areas, public meeting areas, churches, indoor amusement attractions, buildings with complex exiting systems due to increased occupant loads, large schools/day-care facilities, large residential care facilities housing non-ambulatory clients. 2 Fire Risks - Shall include, but not limited to: High-piled combustible storage, woodworking operations, hazardous operations using hazardous materials, increased fuel loads (storage of moderate to highly combustible materials), increased sources of ignition (welding, automotive repair with the use of flammable liquids and open flames).
8. The obligation to provide compliance with these fire sprinkler regulations may not be evaded by performing a series of small additions and/or alterations undertaken over a three-year period and/or two code cycles. The permit issuance dates of past additions and/or alterations where these regulations were in effect shall be used for determining compliance. a. Any submittal for building permits which exceed fifty (50) percent and/or seven hundred and fifty (750) square feet of existing floor areas (area calculations shall not include existing basement
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floor areas and any non-habitable floor areas i.e., garages) during the three-year period shall comply with fire sprinkler regulations.
b. No waiver shall be granted from compliance with fire sprinklers.
Section 903.2.11.7 is added as follows:
903.2.11.7 Chemical Fume Hood Fire Protection. Approved automatic fire extinguishing systems shall be provided in chemical fume hoods in the following cases:
3. Existing hoods having interiors with a flame spread index greater than 25 in which flammable liquids are handled.
4. If a hazard assessment determines that an automatic extinguishing system is required for the chemical fume hood, then the applicable automatic fire protection system standard shall be followed.
SECTION 907 FIRE ALARM AND DETECTION SYSTEMS
Section 907.8 is amended as follows:
907.8 Inspection, testing and maintenance. The maintenance and testing schedules and procedures for fire alarm and fire detection systems shall be in accordance with Sections 907.8.1 through 907.8.4 and NFPA 72.
Records of inspection, testing and maintenance shall be documented using NFPA 72 record of inspection and testing forms.
Section 909 SMOKE CONTROL SYSTEMS
Section 909.20.1 Schedule
Section 909.20.1 is amended to read as follows:
909.20.1 Schedule. A routine maintenance and operational testing program shall be initiated immediately after the smoke control system has passed the acceptance tests. A written schedule for routine maintenance and operational testing shall be established and operational testing shall occur at least annually.
Chapter 12 ENERGY SYSTEMS
SECTION 1202 DEFINITIONS
Section 1202.1 is amended as follows:
1202.1 Definitions. The following terms are defined in Chapter 2:
BATTERY SYSTEM, STATIONARY STORAGE.
BATTERY TYPES.
CAPACITOR ENERGY STORAGE SYSTEM.
CRITICAL CIRCUIT.
EMERGENCY POWER SYSTEM.
ENERGY STORAGE MANAGEMENT SYSTEMS.
ENERGY STORAGE SYSTEM (ESS).
ENERGY STORAGE SYSTEM, ELECTROCHEMICAL.
ENERGY STORAGE SYSTEM, MOBILE.
ENERGY STORAGE SYSTEM, WALK-IN UNIT.
ENERGY STORAGE SYSTEM CABINET.
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ENERGY STORAGE SYSTEM COMMISSIONING.
ENERGY STORAGE SYSTEM DECOMMISSIONING.
FUEL CELL POWER SYSTEM, STATIONARY.
LARGE-SCALE FIRE TESTING
PORTABLE GENERATOR.
STANDBY POWER SYSTEM.
SECTION 1207 ELECTRICAL ENERGY STORAGE SYSTEMS (ESS)
Section 1207.1.5 is amended as follows:
1207.1.5 Large-scale fire test. Where required elsewhere in Section 1207, large-scale fire testing shall be conducted in accordance with NFPA 855, and UL 9540A. The testing shall be conducted or witnessed and reported by an approved testing laboratory and show that a fire involving one ESS will not propagate to an adjacent ESS, and where installed within buildings, enclosed areas and walk-in units will be contained within the room, enclosed area or walk-in unit for a duration equal to the fire-resistance rating of the room separation specified in Section 1207.7.4. The test report shall be provided to the fire code official for review and approval in accordance with Section 104.8.2.
Section 1207.2.2.1 is amended as follows:
1207.2.2.1 Ongoing inspection and testing. Systems that monitor and protect the ESS installation shall be inspected and tested in accordance with the manufacturer's instructions and the operation and maintenance manual. Inspection and testing records shall be maintained in the operation and maintenance manual and made available to the fire code official upon request.
Section 1207.5.2 is amended as follows:
1207.5.2 Maximum allowable quantities. Fire areas within rooms, areas and walk-in units containing electrochemical ESS shall not exceed the maximum allowable quantities in Table 1207.5. The allowable number of fire areas, maximum allowable quantity, and fire-resistance rating of fire-barriers shall comply with Table 1207.5.1.
Exceptions: Where approved by the fire code official, rooms, areas and walk-in units containing electrochemical ESS that exceed the amounts in Table 1207.5 shall be permitted based on a hazardous mitigation analysis in accordance with Section 1207.1.4 and large-scale fire testing complying with Section 1207.1.5.
1. Lead-acid and nickel-cadmium battery systems installed in facilities under the exclusive control of communications utilities and operating at less than 50 VAC and 60 VDC in accordance with NFPA
76. 2. Dedicated-use buildings in compliance with Section 1207.7.1.
TABLE 1207.5.1
DESIGN AND NUMBER OF ESS FIRE AREAS
STORY PERCENTAGE
OF MAXIMUM
ALLOWABLE
QUANTITY PER FIRE
AREA
NUMBER
OF FIRE AREAS PER
STORY
FIRE-RESISTANCE
RATING FOR FIRE
BARRIERS IN HOURS
Above grade
plan
Higher than 9
7-9
25 50
1 2
3 2
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6 5
4 3
2 1
50 50
75 100
100
100
2 2
4 6
6 6
2 2
2 2
2 2
Below grade
plan
1 2
Lower than 2
100
50 Not Allowed
4 2
Not Allowed
3 3
Not Allowed
Section 1207.5.5 is amended as follows:
1207.5.5 Fire suppression systems. Rooms and areas within buildings and walk-in units containing electrochemical ESS shall be protected by an automatic fire suppression system designed and installed in accordance with one of the following:
1. An automatic sprinkler system designed and installed in accordance with Section 903.3.1.1 with a minimum density of 0.3 gpm/ft2 (1.14 L/min) based on the fire area or 2,500 square-foot (232 m2) design area, whichever is larger.
2. Where approved, an automatic sprinkler system designed and installed in accordance with Section 903.3.1.1 with a sprinkler hazard classification based on large-scale fire testing complying with Section 1207.1.5.
3. The following alternative automatic fire-extinguishing systems designed and installed in accordance with Section 904, provided that the installation is approved by the fire code official based on largescale fire testing complying with Section 1207.1.5:
3.1. NFPA 12, Standard on Carbon Dioxide Extinguishing Systems.
3.2. NFPA 15, Standard for Water Spray Fixed Systems for Fire Protection.
3.3. NFPA 750, Standard on Water Mist Fire Protection Systems.
3.4. NFPA 2001, Standard on Clean Agent Fire-Extinguishing Systems.
3.5. NFPA 2010, Standard for Fixed Aerosol Fire-Extinguishing Systems.
Exception: Fire suppression systems for lead-acid and nickel-cadmium battery systems at facilities under the exclusive control of communications utilities that operate at less than 50 VAC and 60 VDC shall be provided where required by NFPA 76.
Section 1207.11.3 is amended as follows:
1207.11.3 Location. ESS shall be installed only in the following locations:
1. Detached garages and detached accessory structures.
2. Attached garages separated from the dwelling unit living space and sleeping units in accordance with Section R302.6.
3. Outdoors or on the exterior side of the exterior walls not less than 3 feet (914 mm) from doors and windows directly entering the dwelling unit and not below or above any emergency escape and rescue openings.
4. Enclosed utility closets, basements, storage, or utility spaces within dwelling units with finished or noncombustible walls and ceilings. Walls and ceilings of unfinished wood-framed construction shall be provided with not less than 5/8-inch (15.9 mm) Type X gypsum wallboard.
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5. ESS shall not be installed in sleeping rooms, closets, spaces opening directly into sleeping rooms or in habitable spaces of dwelling units.
Section 1207.11.6 is amended as follows:
1207.11.6 Fire detection. ESS installed in Group R-3 and R-4 occupancies shall comply with the following:
1. Rooms and areas within dwellings units, sleeping units, basements and attached garages in which ESS are installed shall be protected by smoke alarms in accordance with Section 907.2.11.
2. A listed heat alarm interconnected to the smoke alarms shall be installed in locations within dwelling units, sleeping units, and attached garages where smoke alarms cannot be installed based on their listing.
Exceptions:
1. A listed heat detector may be used in place of a heat alarm, so long as it is interconnected with devices that provide an audible alarm at all sleeping areas.
2. A fire sprinkler associated with an approved automatic sprinkler system that triggers an audible alarm upon activation of the waterflow switch, may be used in place of a heat alarm.
Chapter 33 FIRE SAFETY DURING CONSTRUCTION AND DEMOLITION Section 3305 PRECAUTIONS AGAINST FIRE
Section 3305.5 is amended to read as follows:
3305.5 Fire watch. Where required by the fire code official or the site safety plan established in accordance with Section 3303.1, a fire watch shall be provided for building demolition and for building construction. Fire watch is not intended to facilitate occupancy during ongoing construction in a new building.
Section 3305.10 is amended to read as follows:
Section 3305.10 Fire Walls.
When firewalls are required in combustible construction, the wall construction shall be completed (with all openings protected) immediately after the building is sufficiently weather protected at the location of the wall(s).
Section 3311 ACCESS FOR FIRE FIGHTING
Add Section 3311.1.1 to read:
3311.1.1 Fire Department Access Roadways: All construction sites shall be accessible by fire department apparatus by means of roadways having an all-weather driving service of not less than 20 ft. of unobstructed width. The roads shall have the ability to withstand the live loads of fire apparatus and have a minimum 13 ft. 6 in. of vertical clearance. Dead end fire access roads in excess of 150 ft. in length shall be provided with approved turnarounds.
When approved by the Fire Code Official, temporary access roadways may be utilized until such time that the permanent roadways are installed. As a minimum, the roadway shall consist of a compacted subbase and six (6) inches of road base material (Class 2 aggregate base rock) both compacted to a minimum 95% and sealed. The perimeter edges of the roadway shall be contained and delineated by curb and gutter or other approved method. The use of geotextile reinforcing fabric underlayment or soils lime-treatment may be required if so, determined by the project civil engineer. Provisions for surface drainage shall also be provided where necessary. The integrity of the roadway shall be maintained at all times.
Section 3312 MEANS OF EGRESS
Section 3312.1 Stairways Required.
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(Supp. No. 44, Update 2)
Section 3312.4 Required Means of Egress.
Section 3312.1 is amended to read as follows:
Section 3312.1Stairways Required.
Each level above the first story in new multi-story buildings that require two exit stairways shall be provided with at least two usable exit stairways after the floor decking is installed. The stairways shall be continuous and discharge to grade level. Stairways serving more than two floor levels shall be enclosed (with openings adequately protected) after exterior walls/windows are in place. Exit stairs in new and in existing, occupied buildings shall be lighted and maintained clear of debris and construction materials at all times.
Exception: For new multi-story buildings, one of the required exit stairs may be obstructed on not more than two contiguous floor levels for the purposes of stairway construction (i.e., installation of gypsum board, painting, flooring, etc.).
Section 3312.4 is added to read as follows:
Section 3312.4 Required Means of Egress.
All buildings under construction shall have at least one unobstructed means of egress. All means of egress shall be identified in written fire safety plan as required by Section 3303.1.
Section 3315 AUTOMATIC FIRE SPRINKLER SYSTEM
Section 3315.1 is amended as follows:
3315.1 Completion before occupancy. In buildings where an automatic sprinkler system is required by this code or the California Building Code, it shall be unlawful to occupy any portion of a building or structure until the automatic sprinkler system installation has been tested and approved.
In new buildings of combustible construction where, automatic fire sprinkler systems are required to be installed, the system shall be placed in service as soon as possible. Immediately upon the completion of sprinkler pipe installation on each floor level, the piping shall be hydrostatically tested and inspected. After inspection approval from the Fire department, each floor level of sprinkler piping shall be connected to the system supply riser and placed into service with all sprinkler heads uncovered. Protective caps may be installed on the active sprinklers during the installation of drywall, texturing and painting, but shall be removed immediately after this work is completed. For system activation notification, an exterior audible waterflow alarm shall bell can be installed and connected to the sprinkler waterflow device prior to installation of the monitoring system.
For buildings equipped with fire sprinkler systems that are undergoing alterations, the sprinkler system(s) shall remain in service at all times except when system modifications are necessary. Fire sprinkler systems undergoing modifications shall be returned to service at the end of each workday unless otherwise approved by the fire department. The General contractor or his/her designee shall check the sprinkler control valve(s) at the end of each workday to confirm that the system has been restored to service.
Chapter 49 REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS Chapter 49 of the 2022 California Fire Code is amended as follows:
Section 4901 GENERAL
Section 4901.3 is added as follows:
4901.3 Where applicable. These requirements shall apply to all areas within the City of Los Altos as set forth and delineated on the map entitled "Wildland-Urban Interface Fire Area" which map and all notations, references, data and other information shown thereon are hereby adopted and made a part of this Chapter.
The map properly attested, shall be on file in the Office of the City of Los Altos.
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Section 4901.3 is added as follows:
4901.4 Exemptions. These requirements shall not apply to any land or water area acquired or managed for one or more of the following purposes or uses:
1. Habitat for endangered or threatened species, or any species that is a candidate for listing as an endangered or threatened species by the state or federal government.
2. Lands kept in a predominantly natural state as habitat for wildlife, plant, or animal communities.
3. Open space lands that are environmentally sensitive parklands.
4. Other lands having scenic values, as declared by the local agency, or by state or federal law.
Section 4906 VEGETATION MANAGEMENT
Section 4906.1.1 is added as follows:
4906.1.1 Hazardous vegetation and fuels shall be managed to reduce the severity of potential exterior wildfire exposure to buildings, to reduce the risk of fire spreading to buildings, and provide for safe access for emergency wildland fire equipment and civilian evacuation concurrently, as required by applicable laws and standards.
Section 4906.1.2 is added as follows:
4906.1.2 Maintenance required. Maintenance is required to ensure conformance with these standards and measures, and to assure continued availability, access, and utilization, of the defensible space during a wildfire.
Section 4906.1.3 is added as follows:
4906.1.3 Additional measures. No person subject to these regulations shall permit any fire hazard, as defined in this chapter, to exist on premises under their control, or fail to take immediate action to abate a fire hazard when requested to do so by the enforcing agency.
Section 4906.1.4 is added as follows:
4906.1.4 Exemption. For the purposes of this chapter, vegetation removal or management, undertaken in whole or in part, for fire prevention or suppression purposes shall not be deemed to alter the natural condition of public property.
Section 4907 DEFENSIBLE SPACE
Section 4907.3 is amended as follows:
4907.3 Requirements. Hazardous vegetation and fuels around all buildings, roads, driveways, and structures shall be maintained in accordance with the following laws and regulations:
1. Public Resources Code, Sections 4291 through 4296.
2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Article 3, Section 1299.03.
3. California Government Code, Sections 51175 - 51189.
4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07.
5. Any local ordinance of the City of Los Altos.
Chapter 50. HAZARDOUS MATERIALS-GENERAL PROVISIONS
Chapter 50 of the 2022 California Fire Code and 2021 International Fire Code are amended as follows:
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(Supp. No. 44, Update 2)
Section 5001 GENERAL
Section 5001.2.2.2 is amended as follows:
5001.2.2.2 Health Hazards The material categories listed in this section are classified as health hazards. A material with a primary classification as a health hazard can also pose a physical hazard.
1. Highly toxic and toxic materials.
2. Corrosive materials.
3. Moderately toxic gas.
4. Health hazards - Other.
Section 5002 DEFINITIONS
Amend Section 5002.1 to read:
5002.1 Definitions. The following terms are defined in Chapter 2:
BOILING POINT.
CEILING LIMIT.
CHEMICAL.
CHEMICAL NAME.
CLOSED CONTAINER.
CONTAINER.
CONTROL AREA.
CYLINDER.
DAY BOX.
DEFLAGRATION.
DESIGN PRESSURE.
DETACHED BUILDING.
DISPENSING.
EXCESS FLOW CONTROL.
EXHAUSTED ENCLOSURE.
EXPLOSION.
FLAMMABLE VAPORS OR FUMES.
GAS CABINET.
GAS ROOM.
HANDLING.
HAZARDOUS MATERIALS.
HEALTH HAZARD.
HEALTH HAZARD - OTHER.
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IMMEDIATELY DANGEROUS TO LIFE AND
HEALTH (IDLH).
INCOMPATIBLE MATERIALS.
LIQUID.
LOWER EXPLOSIVE LIMIT (LEL).
LOWER FLAMMABLE LIMIT (LFL).
MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREA.
MODERATELY TOXIC GAS.
NORMAL TEMPERATURE AND PRESSURE (NTP).
OUTDOOR CONTROL AREA.
PERMISSIBLE EXPOSURE LIMIT (PEL).
PESTICIDE.
PHYSICAL HAZARD.
PRESSURE VESSEL.
SAFETY CAN.
SAFETY DATA SHEET (SDS).
SECONDARY CONTAINMENT.
SEGREGATED.
SOLID.
SPILL CONTROL.
STORAGE, HAZARDOUS MATERIALS.
SYSTEM.
TANK, ATMOSPHERIC.
TANK, PORTABLE.
TANK, STATIONARY.
TANK VEHICLE.
UNAUTHORIZED DISCHARGE.
USE (MATERIAL).
VAPOR PRESSURE.
Section 5003 GENERAL REQUIREMENTS
Section 5003.1.3.1 is added as follows:
5003.1.3.1 Toxic, Highly Toxic, Moderately Toxic Gases and Similarly Used or Handled Materials. The storage, use and handling of toxic, highly toxic, and moderately toxic gases in amounts exceeding Table 6004.2.1.4 shall be in accordance with this chapter and Chapter 60. Any toxic, highly toxic, or moderately toxic material
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that is used or handled as a gas or vapor shall be in accordance with the requirements for toxic, highly toxic, or moderately toxic gases.
Section 5003.1.5 is added as follows:
5003.1.5 Health Hazards - Other. The storage, use and handling of materials classified as other health hazards including carcinogens, irritants and sensitizers in amounts exceeding 810 cubic feet for gases, 55 gallons for liquids and 5,000 pounds for solids shall be in accordance with Section 5003.
Section 5003.1.6 is added as follows:
5003.1.6 Additional Spill Control and Secondary Containment Requirements. In addition to the requirements set forth in Section 5004.2. An approved containment system is required for any quantity of hazardous materials that are liquids or solids at normal temperature, and pressure (NTP) where a spill is determined to be a plausible event and where such an event would endanger people, property, or the environment. The approved containment system may be required to include a combination of spill control and secondary containment meeting the design and construction requirements set forth in Section 5004.2.
Section 5003.2.2.1 is amended as follows:
5003.2.2.1 Design and Construction. Piping, tubing, valves, fittings, and related components used for hazardous materials shall be in accordance with the following:
1. Piping, tubing, valves, fittings, and related components shall be designed and fabricated from materials that are compatible with the material to be contained and shall be of adequate strength and durability to withstand the pressure, structural and seismic stress, and exposure to which they are subject.
2. Piping and tubing shall be identified in accordance with ASME A13.1 and the Santa Clara County Fire Chiefs Marking Requirements and Guidelines for Hazardous Materials and Hazardous Waste to indicate the material conveyed.
3. Manual valves or automatic remotely activated fail-safe emergency shutoff valves shall be installed on supply piping and tubing and provided with ready access at the following locations:
3.1. The point of use.
3.2. The tank, cylinder, or bulk source.
4. Manual emergency shutoff valves and controls for remotely activated emergency shutoff valves shall be clearly visible, provided with ready access and identified in an approved manner.
5. Backflow prevention or check valves shall be provided where the backflow of hazardous materials could create a hazardous condition or cause the unauthorized discharge of hazardous materials.
6. Where gases or liquids having a hazard ranking of:
Health hazard Class 3 or 4
Flammability Class 4
Reactivity Class 4
in accordance with NFPA 704 are carried in pressurized piping above 15 pounds per square inch gauge (psig)(103 Kpa), an approved means of leak detection, emergency shutoff or excess flow control shall be provided. Where the piping originates from within a hazardous material storage room or area, the excess flow control shall be located within the storage room or area. Where the piping originates from a bulk source, the excess flow control shall be located as close to the bulk source as practical.
Exceptions:
1. Piping for inlet connections designed to prevent backflow.
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2. Piping for pressure relief devices.
7. Secondary containment or equivalent protection from spills or leaks shall be provided for piping for liquid hazardous materials and for highly toxic and toxic corrosive gases above threshold quantities listed in Table 6004.2.1.4. Secondary containment includes but is not limited to double-walled piping.
Exceptions:
1. Secondary containment is not required for toxic corrosive gases if the piping is constructed of inert materials.
2. Piping under sub-atmospheric conditions if the piping is equipped with an alarm and fail-safe-toclose valve activated by a loss of vacuum.
8. Expansion chambers shall be provided between valves whenever the regulated gas may be subjected to thermal expansion. Chambers shall be sized to provide protection for piping and instrumentation and to accommodate the expansion of regulated materials.
Section 5003.2.2.2 is amended as follows:
5003.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materials. Supply piping and tubing for gases and liquids having a health hazard ranking of 3 or 4 in accordance with NFPA 704 shall be in accordance with ASME B31.3 and the following:
8.1. Piping and tubing utilized for the transmission of highly toxic, toxic, or highly volatile corrosive liquids and gases shall have welded, or brazed connections threaded or flanged connections throughout except for connections within an exhausted ventilated enclosure if the material is a gas, or an approved method of drainage or containment is provided for connections if the material is a liquid.
8.2. Piping and tubing shall not be located within corridors, within any portion of a means of egress required to be enclosed in fire-resistance-rated construction or in concealed spaces in areas not classified as Group H Occupancies.
8.3. All primary piping for toxic, highly toxic, and moderately toxic gases shall pass a helium leak test of 1x10-9 cubic centimeters/second where practical, or shall pass testing in accordance with an approved, nationally recognized standard. Tests shall be conducted by a qualified "third party" not involved with the construction of the piping and control systems.
Exception: Piping and tubing within the space defined by the walls of corridors and the floor or roof above or in concealed spaces above other occupancies where installed in accordance with Section 415.11.7.4 of the California Building Code for Group H-5 occupancies.
Section 5003.5.2 is added as follows:
5003.5.2 Ventilation Ducting. Ducts venting hazardous materials operations shall be labeled with the hazard class of the material being vented and the direction of flow.
Section 5003.5.3 is added as follows:
5003.5.3 "H" Occupancies. In "H" occupancies, all piping and tubing may be required to be identified when there is any possibility of confusion with hazardous materials transport tubing or piping. Flow direction indicators are required.
Section 5003.10.4 is amended as follows:
5003.10.4 Elevators utilized to transport hazardous materials. 5003.10.4.1 When transporting hazardous materials, elevators shall have no other passengers other than the individual(s) handling the chemical transport cart.
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5003.10.4.1.1 When transporting cryogenic or liquefied compressed gases, there shall be no occupants in the elevator.
5003.10.4.2 Hazardous materials liquid containers shall have a maximum capacity of 20 liters (5.28 gal). 5003.10.4.3 Toxic, moderately toxic, and highly toxic gases shall be limited to a container of a maximum water capacity of 1 pound.
5003.10.4.4 When transporting cryogenic or liquefied compressed gases, means shall be provided to prevent the elevator from being summoned to other floors.
Section 5004 STORAGE
Section 5004.2.1 is amended as follows:
5004.2.1 Spill Control for Hazardous Material Liquids. Rooms, buildings, or areas used for storage of hazardous material liquids shall be provided with spill control to prevent the flow of liquids to adjoining areas. Floors in indoor locations and similar surfaces in outdoor locations shall be constructed to contain a spill from the largest single vessel by one of the following methods:
1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor locations.
2. Liquid-tight floors in indoor and outdoor locations or similar areas provided with liquid-tight raised or recessed sills or dikes.
3. Sumps and collection systems
4. Other approved engineered systems.
Except for surfacing, the floors, sills, dikes, sumps, and collection systems shall be constructed of noncombustible material, and the liquid-tight seal shall be compatible with the material stored. When liquidtight sills or dikes are provided, they are not required at perimeter openings having an open-grate trench across the opening that connects to an approved collection system.
Section 5004.2.2.2 is amended as follows:
5004.2.2.2 Incompatible Materials. Incompatible materials used in open systems shall be separated from each other in independent secondary containment systems.
Chapter 54 CORROSIVE MATERIALS
Chapter 54 of the 2022 California Fire Code is adopted with the following amendments:
Section 5402 DEFINITION
Section 5402.1 is amended as follows:
5402.1 Definition. The following term is defined in Chapter 2:
CORROSIVE.
CORROSIVE LIQUIDS.
Chapter 56 EXPLOSIVES AND FIREWORKS
Section 5601 GENERAL
Section 5601.1.3 Fireworks.
Section 5601.1.1.3 is added to read as follows:
Section 5601.1.1.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks, including those fireworks classified as Safe and Sane by the California State Fire Marshal, are prohibited.
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(Supp. No. 44, Update 2)
Exceptions: The use of fireworks for firework displays as allowed in Section 5608.
Chapter 57 FLAMMABLE AND COMBUSTIBLE LIQUIDS
Section 5704 STORAGE
Section 5704.2.7.5.8 Overfill Prevention.
Section 5704.2.7.5.9 Automatic Filling of Tanks.
Section 5704.2.9.6.1 Locations where above-ground tanks are prohibited.
Section 5706.2.4.4 Locations where above-ground tanks are prohibited.
Section 5707.3.3 Site Plan.
Section 5704.2.7.5.8 is amended to read as follows and the exception in the Section is deleted:
Section 5704.2.7.5.8 Overfill Prevention.
An approved means or method in accordance with Section 5704.2.9.7.5. shall be provided to prevent the overfill of all Class I, II and IIIA liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by Sections 5706.4 or 5706.7 shall have overfill protection in accordance with API 2350.
Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or less need only comply with Section 5704.2.9.7.5 (Item 1, Sub-item 1.1).
An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning equipment inside buildings.
Section 5704.2.7.5.9 is added to read as follows:
Section 5704.2.7.5.9 Automatic Filling of Tanks. Systems that automatically fill flammable or combustible liquid tanks shall be equipped with overfill protection, approved by the fire code official, that sends an alarm signal to a constantly attended location and immediately stops the filling of the tank. The alarm signal and automatic shutoff shall be tested on an annual basis and records of such testing shall be maintained on-site for a period of five (5) years.
Section 5704.2.9.6.1 is amended to read as follows:
5704.2.9.6.1 Locations where above-ground tanks are prohibited. Storage of flammable or combustible liquids in outside aboveground tanks is prohibited, are hereby established as all locations of the City of Los Altos that are residential or congested commercial areas as determined by the fire code official.
Section 5706.2.4.4 is amended to read as follows:
5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids in aboveground tanks outside of buildings is prohibited In all locations of the City of Los Altos which are residential or congested commercial areas as determined by the fire code official.
Section 5707.3.3 is amended to read as follows:
5707.3.3 Site plan. A site plan shall be developed for each location at which mobile fueling occurs. The site plan shall be in sufficient detail to indicate the following:
1. All buildings and structures.
2. Lot lines or property lines.
3. Electric car chargers.
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4. Solar photovoltaic parking lot canopies.
5. Appurtenances on-site and their use or function.
6. All uses adjacent to the lot lines of the site.
7. Fueling locations.
8. Locations of all storm drain openings and adjacent waterways or wetlands.
9. Information regarding slope, natural drainage, curbing and impounding.
10. How a spill will be kept on the site property.
11. Scale of the site plan.
Chapter 58 FLAMMABLE GASES AND FLAMMABLE CRYOGENIC FLUIDS.
Section 5806.2 Limitations.
Section 5809.3.4 Site Plan.
Section 5809.3.4 is amended to read as follows:
5809.3.4 Site plan. For other than emergency roadside service, a site plan shall be developed for each location at which mobile gaseous hydrogen fueling occurs. The site plan shall be in sufficient detail to indicate, all buildings, structures, lot lines, property lines and appurtenances on site and their use and function, and the scale of the site plan.
Chapter 60 HIGHLY TOXIC AND TOXIC MATERIALS
Chapter 60 of the 2022 California Fire Code and 2021 International Code is amended as follows:
Section 6001 GENERAL
Section 6001.1 is amended as follows:
6001.1 Scope. The storage and use of highly toxic, toxic, and moderately toxic materials shall comply with this chapter. Compressed gases shall also comply with Chapter 53.
Exceptions:
1. Display and storage in Group M and storage in Group S occupancies complying with Section 5003.11.
2. Conditions involving pesticides or agricultural products as follows:
2.1 Application and release of pesticide, agricultural products and materials intended for use in weed abatement, erosion control, soil amendment or similar applications when applied in accordance with the manufacturer's instruction and label directions.
2.2 Transportation of pesticides in compliance with the Federal Hazardous Materials Transportation Act and regulations thereunder.
2.3 Storage in dwellings or private garages of pesticides registered by the US Environmental Protection Agency to be utilized in and around the home, garden, pool, spa, and patio.
Section 6004 HIGHLY TOXIC AND TOXIC COMPRESSED GASES
Section 6004.1 is amended as follows:
6004.1 General. The storage and use of highly toxic, toxic, and moderately toxic compressed gases shall comply with this section.
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(Supp. No. 44, Update 2)
6004.1.1 Special limitations for indoor storage and use by occupancy. The indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases in certain occupancies shall be subject to the limitations contained in Sections 6004.1.1.1 through 6004.1.1.3.
6004.1.1.1 Group A, E, I or U occupancies. Moderately toxic, toxic, and highly toxic compressed gases shall not be stored or used within Group A, E, I or U occupancies.
Exception: Cylinders not exceeding 20 cubic feet (0.566 m3 ) at normal temperature and pressure (NTP) are allowed within gas cabinets or fume hoods.
6004.1.1.2 Group R occupancies. Moderately toxic, toxic, and highly toxic compressed gases shall not be stored or used in Group R occupancies.
6004.1.1.3 Offices, retail sales and classrooms. Moderately toxic, toxic, and highly toxic compressed gases shall not be stored or used in offices, retail sales or classroom portions of Group B, F, M or S occupancies.
Exception: In classrooms of Group B occupancies, cylinders with a capacity not exceeding 20 cubic feet (0.566 m3) at NTP are allowed in gas cabinets or fume hoods.
Section 6004.2 is amended as follows:
6004.2 Indoor storage and use. The indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases shall be in accordance with Sections 6004.2.1 through 6004.2.2.10.3.
Section 6004.2.1 is amended as follows:
6004.2.1 Applicability. The applicability of regulations governing the indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases shall be as set forth in Sections 6004.2.1.1 through 6004.2.1.4.
Section 6004.2.1.4 is amended as follows:
6004.2.1.4 Quantities exceeding the minimum threshold quantities but not exceeding the maximum allowable quantities per control area. The indoor storage or use of highly toxic, toxic, and moderately toxic gases in amounts exceeding the minimum threshold quantities per control area set forth in Table 6004.2.1.4 but not exceeding maximum allowable quantity per control area set forth in Table 5003.1.1(2) shall be in accordance with Sections 5001, 5003, 6001, 6004.1, and 6004.4 Add Table 6004.2.1.4 as follows:
Minimum Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases for Indoor Storage and Use
Highly Toxic 20
Toxic 405 cubic feet
Moderately Toxic 405 cubic feet
Section 6004.4 is amended as follows:
6004.4. General indoor requirements. The general requirements applicable to the indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases shall be in accordance with Sections 6004.4 through 6004.4.8.2
6004.4.1 Cylinder and tank location. Cylinders shall be located within gas cabinets, exhausted enclosures, or gas rooms. Portable and stationary tanks shall be located within gas rooms or exhausted enclosures.
Exceptions:
1. Where a gas detection system is provided in accordance with 6004.4.8
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6004.4.2. Ventilated areas. The room or area in which gas cabinets or exhausted enclosures are located shall be provided with exhaust ventilation. Gas cabinets or exhausted enclosures shall not be used as the sole means of exhaust for any room or area.
6004.4.3. Piping and controls. In addition to the requirements of Section 5003.2.2, piping and controls on stationary tanks, portable tanks, and cylinders shall comply with the following requirements:
1. Stationary tanks, portable tanks, and cylinders in use shall be provided with a means of excess flow control on all tank and cylinder inlet or outlet connections.
Exceptions:
1. Inlet connections designed to prevent backflow.
2. Pressure relief devices.
6004.4.4 Gas rooms. Gas rooms shall comply with Section 5003.8.4 and both of the following requirements:
1. The exhaust ventilation from gas rooms shall be directed to an exhaust system.
2. Gas rooms shall be equipped with an approved automatic sprinkler system. Alternative fireextinguishing systems shall not be used. 6004.4.5 Treatment systems. The exhaust ventilation from gas cabinets, exhausted enclosures, and gas rooms, required in Section 6004.4.1 shall be directed to a treatment system. The treatment system shall be utilized to handle the accidental release of gas and to process exhaust ventilation. The treatment system shall be designed in accordance with Sections 6004.2.2.7.1 through 6004.2.2.7.5 and Chapter 5 of the California Mechanical Code.
Exceptions:
1. Highly toxic, toxic, and moderately toxic gases—storage. A treatment system is not required for cylinders, containers, and tanks in storage where all the following controls are provided:
1.1 Valve outlets are equipped with gas- tight outlet plugs or caps.
1.2 Hand wheel-operated valves have handles secured to prevent movement.
1.3 Approved containment vessels or containment systems are provided in accordance with Section 6004.2.2.3.
2. Highly toxic, toxic, and moderately toxic gases —use. Treatment systems are not required for highly toxic, toxic, and moderately toxic gases supplied by stationary tanks, portable tanks, or cylinders where a gas detection system complying with Section 6004.4.8 and listed or approved automatic-closing fail- safe valves are provided. The gas detection system shall have a sensing interval not exceeding 5 minutes. Automatic-closing fail- safe valves shall be located immediately adjacent to cylinder valves and shall close when gas is detected at the permissible exposure limit (PEL) by a gas sensor monitoring the exhaust system at the point of discharge from the gas cabinet, exhausted enclosure, ventilated enclosure, or gas room. 6004.4.5.1. Design. Treatment systems shall be capable of diluting, adsorbing, absorbing, containing, neutralizing, burning or otherwise processing the contents of the largest single vessel of compressed gas.
Where a total containment system is used, the system shall be designed to handle the maximum anticipated pressure of release to the system when it reaches equilibrium. 6004.4.5.2. Performance. Treatment systems shall be designed to reduce the maximum allowable discharge concentrations of the gas to one-half immediate by dangerous to life and health (IDLH) at the point of discharge to the atmosphere. Where more than one gas is emitted to the treatment system, the treatment system shall be designed to handle the worst-case release based on the release rate, the quantity and the IDLH for all compressed gases stored or used.
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6004.4.5.3. Sizing. Treatment systems shall be sized to process the maximum worst-case release of gas based on the maximum flow rate of release from the largest vessel utilized. The entire contents of the largest compressed gas vessel shall be considered.
6004.4.5.4 Stationary tanks. Stationary tanks shall be labeled with the maximum rate of release for the compressed gas contained based on valves or fittings that are inserted directly into the tank. Where multiple valves or fittings are provided, the maximum flow rate of release for valves or fittings with the highest flow rate shall be indicated. Where liquefied compressed gases are in contact with valves or fittings, the liquid flow rate shall be utilized for computation purposes. Flow rates indicated on the label shall be converted to cubic feet per minute (cfm/min) (m3/s) of gas at normal temperature and pressure (NTP). 6004.4.5.5 Portable tanks and cylinders. The maximum flow rate of release for portable tanks and cylinders shall be calculated based on the total release from the cylinder or tank within the time specified in Table 6004.2.2.7.5. Where portable tanks or cylinders are equipped with approved excess flow or reduced flow valves, the worst-case release shall be determined by the maximum achievable flow from the valve as determined by the valve manufacturer or compressed gas supplier. Reduced flow and excess flow valves shall be permanently marked by the valve manufacturer to indicate the maximum design flow rate. Such markings shall indicate the flow rate for air under normal temperature and pressure. 6004.4.6. Emergency power. Emergency power shall be provided for the following systems in accordance with Section 604:
1. Exhaust ventilation system.
2. Treatment system.
3. Gas detection system.
4. Smoke detection system.
6004.4.6.1. Fail-safe systems. Emergency power shall not be required for mechanical exhaust ventilation and treatment systems where approved fail-safe systems are installed and designed to stop gas flow. 6004.4.7. Automatic fire detection system. An approved automatic fire detection system shall be installed in rooms or areas where highly toxic, toxic, and moderately toxic compressed gases are stored or used.
Activation of the detection system shall sound a local alarm. The fire detection system shall comply with Section 907.
6004.4.8. Gas detection system. A gas detection system complying with Section 916 shall be provided to detect the presence of gas at or below the PEL or ceiling limit of the gas for which detection is provided.
Exceptions:
1. A gas detection system is not required for toxic and moderately toxic gases when the physiological warning threshold level for the gas is at a level below the accepted PEL for the gas.
2. A gas detection system is not required for highly toxic, toxic, and moderately toxic gases where cylinders, portable tanks, and all non-continuously welded connects are within a gas cabinet or exhausted enclosures.
6004.4.8.1. Alarms. The gas detection system shall initiate a local alarm and transmit a signal to an approved location.
6004.4.8.2. Shut off of gas supply. The gas detection system shall automatically close the shut off valve at the source on gas supply piping and tubing related to the system being monitored for whichever gas is detected.
Exception: Automatic shutdown is not required for highly toxic, toxic, and moderately toxic compressed gas systems where all the following controls are provided: