CITY COUNCIL REGULAR
MEETING
AGENDA
October 28, 2025 - 7:00 PM
In Person
PARTICIPATION: Members of the public are invited to participate by attending the meeting at the Los Altos Council Chamber, located at Los Altos City Hall, 1 N. San Antonio Rd, Los Altos, CA, during the meeting.
Public comments are accepted in person at the physical meeting location or via email to [email protected] or through the Public Comment forum on the city website: Public Comments Form.
RULES FOR CONDUCT: According to Los Altos Municipal Code, Section 2.05.010 "Interruptions and rules for conduct": Understanding that the purpose of the city council meetings is to conduct the people's business for the benefit of all the people, in the event that any meeting of the city council is willfully interrupted by a person or group of persons so as to render the orderly conduct of the meeting impossible, the mayor, mayor pro tem, or any other member of the city council acting as the chair may order the removal of the person or persons responsible for the disruption and bar them from further attendance at the council meeting, or otherwise proceed pursuant to Government Code Section 54957.0 or any applicable penal statute or city ordinance.
REMOTE MEETING OBSERVATION: Members of the public may view the meeting via the link below, but will not be permitted to provide public comment via Zoom or telephone. Public comments will be accepted in person, and members of the public may submit written comments by following the instructions below. https://losaltosca-gov.zoom.us/j/84612129130?pwd=ETbxvDbosQC8mAnAtr8m0YPOueuSdd.1 Telephone: 1-669-444-9171 / Webinar ID: 846 1212 9130 / Passcode: 969931 SUBMIT WRITTEN COMMENTS: Before the meeting, comments on matters listed on the agenda may be emailed to [email protected]. Emailed public comments sent directly to the City Council, either as a group or individually, will not be included in the agenda packet but may be disclosable as part of a public records request. Emails sent to [email protected] will be included in the appropriate agenda packet and are also disclosable as part of a public records request.
Please note: Personal information, such as e-mail addresses, telephone numbers, home addresses, and other contact information, is not required to be included with your comments. If this information is included in your written comments, it will become part of the public record. Redactions and/or edits will not be made to public comments, and the comments will be posted as submitted. Please do not include any information in your communication that you do not want to be made public.
Correspondence submitted in hard copy/paper format must be received by 2:00 p.m. on the day of the meeting to ensure distribution prior to the meeting. Hard copy/paper format comments presented during the meeting will be distributed to the City Council the following day. Members of the public may present a copy of their comments or attachments to the City Clerk for distribution to the City Council.
The Mayor will open public comment and will announce the length of time provided for comments during each item.
AGENDA
CALL MEETING TO ORDER
ESTABLISH QUORUM
PLEDGE OF ALLEGIANCE
REPORT ON CLOSED SESSION
CHANGES TO THE ORDER OF THE AGENDA
PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
Members of the audience may bring to the Council's attention any item that is not on the agenda. The Mayor will announce the time speakers will be granted before comments begin. Please be advised that, by law, the City Council is unable to discuss or take action on issues presented during the Public Comment Period.
According to State Law (also known as “The Brown Act”) items must first be noted on the agenda before any discussion or action.
CONSENT CALENDAR
These items will be considered by one motion unless any member of the Council or audience wishes to remove an item for discussion. Any item removed from the Consent Calendar for discussion will be handled at the discretion of the Mayor.
1. Approval of Meeting Minutes
Approve the Draft Meeting Minutes for the Regular Meeting of October 14, 2025
2. Adoption of Resolution - Amendment to a Professional Service Agreement Adopt a Resolution authorizing the City Manager to execute an Amendment No.1 to the Professional Service Agreement with Harris & Associates in the Amount of $129,811.06 for the Downtown Parking Lot Resurfacing Project
3. Adoption of Resolution - Fire Protection Services Contract Adopt a resolution regarding fire protection service options in the City of Los Altos
4. Adoption of Resolution - Donation Acceptance
Adopt a resolution accepting a $100,000 donation from the Chou Family for public safety improvements and allocating the full amount to the 999 Fremont Capital Project (Project No. 10004 / CF-01006)
SPECIAL ITEMS
Issue Proclamation Recognizing the Chou Family Donation for the 999 Fremont Police Substation
PUBLIC HEARING
5. 2025 Los Altos Building Code Updates
Two actions for Council consideration:
• Adopt 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
• Adopt 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.
DISCUSSION ITEMS
6. Discuss Los Altos Chamber of Commerce Contract Amendment Amend contract with Los Altos Chamber of Commerce
INFORMATIONAL ITEMS / COUNCIL Q&A
There will be no discussion or action on Informational Items. The Council Q&A will be included in the packet the day of the meeting.
7. Tentative Council Calendar and Housing Element Update Implementation Calendar
8. 10-28-2025 Council QA
COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS
ADJOURNMENT
(Council Norms: It will be the custom to have a recess at approximately 9:00 p.m. Prior to the recess, the Mayor shall announce whether any items will be carried over to the next meeting. The established hour after which no new items will be started is 11:00 p.m. Remaining items, however, may be considered by consensus of the Council.)
SPECIAL NOTICES TO THE PUBLIC
According to the City Council Norms and Procedures: It will be customary to have a recess at approximately 9:00 p.m. Before the recess, the Mayor shall announce whether any items will be carried over to the next meeting. The established hour after which no new items will be started is 11:00 p.m. Remaining items, however, may be considered by consensus of the Council.
In compliance with the Americans with Disabilities Act, the City of Los Altos will make reasonable arrangements to ensure accessibility to this meeting. If you need special assistance to participate in this meeting, please get in touch with the City Clerk at least 72 hours before the meeting.
All public records relating to an open session item on this agenda, which are not exempt from disclosure according to the California Public Records Act, and that are distributed to a majority of the legislative body, will be available for public inspection at the same time that the public records are distributed or made available to the legislative body.
1 Melissa Thurman
From: Wendy Chou <[email protected]>
Sent: Tuesday, October 28, 2025 8:07 AM
To: Public Comment
Cc: Lauren Weston; Dennis Murphy
Subject: Re: Item #5 on tonight's agenda - building code updates Attachments: Acterra_LosAltosReachCode_Comment_Agenda_Item_5_Oct_28_2025.pdf Dear Mayor Dailey, Vice Mayor Fligor, and Councilmembers, Thank you for your service on behalf of the residents of the City of Los Altos. Please find Acterra's comment (on the topic of the 2025 building code updates) provided as an attachment to this email.
Sincerely,
Wendy Chou
Wendy Chou (she/her)
Coalition and Project Senior Manager
Acterra: Action for a Healthy Planet
408-459-9073
acterra.org | Subscribe
Acterra staff use self-identified pronouns to support workplace inclusion for everyone.
I respectfully acknowledge that my work takes place on the ancestral and unceded land of the of the Ramaytush Ohlone. Whose land are you on?
We practice Slow Fridays. Messages received on Fridays may have a delayed response.
October 27, 2025
SUPPORT: Agenda Item #5. 2025 Building Code Updates
Email: [email protected]
Dear Mayor Dailey, Vice Mayor Fligor, and Councilmembers, On behalf of Acterra: Action for a Healthy Planet, we urge Los Altos City Council to follow city staff’s recommendation to approve two energy-related reach codes – specifically the “Two-Way AC” amendment and “Electric Readiness” amendment – as part of the City’s 2025 Building Codes Update (Agenda Item #5, October 28). Through our history, Acterra has consistently advocated for local environmental solutions to help Bay Area communities thrive. Today we focus on equitable climate action through beneficial electrification for all.
A healthy planet starts with clean air for residents to breathe. We commend the City of Los Altos for prioritizing policy actions to reduce the harmful combustion of gas in household appliances and bolster public health. Such policies will greatly benefit residents who are susceptible to asthma and other respiratory conditions associated with poor air quality.
The manifold reasons to support the Two-Way AC policy include:
● Significant cost savings over the lifetime of an installed heat pump, as indicated in Attachment 25;
● Expansion of the market for high efficiency appliances such as heat pumps, with strong projected growth in green jobs;
● Alignment with the City’s 2022 Climate Action and Adaptation Plan goals for GHG reductions.
The “Electric-ready” amendment is simple in concept and refers to making electric outlets near natural gas appliances, such as clothes dryers, cooktops, gas-fueled furnaces, or gas-fueled water heaters compatible for the future installation of an electric appliance, when these areas are undergoing remodeling. This type of “future-proofing” ordinance is especially prudent because over time, a large cost differential between gas and electric appliances will occur given the long lifetime of buildings and the rapidly rising cost of methane gas, outpacing the rising cost of electricity by several fold. Readiness requirements are already in place for new construction, but should be applied in the case of major remodels when work is already underway near appliances.
Thanks to dedicated champions, the Bay Area is positioned in the vanguard of climate action, and the specific leadership of this Council – especially on reach codes – has been impressive as demonstrated by the successful first reading. You and your hard-working staff are to be deeply congratulated for your
efforts. Thank you for your consideration and for your dedication to a more sustainable future for the City of Los Altos.
Sincerely,
Lauren Weston
Executive Director
Acterra: Action for a Healthy Planet
3921 East Bayshore Road, Suite 210
Palo Alto, California 94303
[email protected]
CITY OF LOS ALTOS
CITY COUNCIL MEETING MINUTES
TUESDAY, OCTOBER 14, 2025
7:00 p.m.
1 N. San Antonio Rd. ~ Los Altos, CA
Pete Dailey, Mayor
Neysa Fligor, Vice Mayor
Larry Lang, Councilmember
Sally Meadows, Councilmember
Jonathan D. Weinberg, Councilmember
CALL MEETING TO ORDER – Pete Dailey, Mayor, called the meeting to order at 7:00 p.m.
ESTABLISH QUORUM – All Councilmembers were present.
PLEDGE OF ALLEGIANCE – Members of Girl Scout Troop 61074 led the Pledge of Allegiance.
REPORT ON CLOSED SESSION
There was no reportable action from the Closed Session meeting of October 14, 2025.
CHANGES TO THE ORDER OF THE AGENDA
There were no changes to the order of the agenda.
SPECIAL ITEMS
Issue Proclamation Recognizing October as Hindu Awareness and Appreciation Month Pete Dailey, Mayor, presented the proclamation to Pawan Deshpande, Los Altos Resident.
PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA
The following members of the public spoke during Public Comment:
• Anjali Sharma-Tiwari
• Caroline Horn
CONSENT CALENDAR
Sally Meadows, Councilmember, requested to pull Items 6 and 7 for discussion.
Pete Dailey, Mayor, placed Items 6 and 7 immediately following the Consent Calendar on the agenda.
Jonathan D. Weinberg, Councilmember, announced that he had a brief prior professional relationship with BKF Engineers but has had no further contact with BKF Engineers or any of their employees in over a year.
Motion by Lang and Second by Fligor to approve Items 1 – 5 of the Consent Calendar. Motion carried unanimously by roll call vote.
City of Los Altos
City Council Regular Meeting Minutes
October 14, 2025
1. Approval of Meeting Minutes
Approve the Draft Meeting Minutes for the Regular Meeting of September 30, 2025
2. Adoption of Resolution - Designating a Regular Meeting Date Adopt a Resolution Designating the City Council Meetings of November 18, 2025 and December 2, 2025 as Regular Meetings in Accordance with Los Altos Municipal Code Section 2.04.010 “Meetings.”
3. Adoption of Resolution – United Against Hate Week
Adopt a Resolution recognizing October 19 – 25, 2025 as United Against Hate Week
4. Adoption of Resolutions - Addendum No. 13 to Regional Water Quality Control Plant Basic Agreement
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
5. Adoption of Resolution - Annual Streets Resurfacing Project 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
DISCUSSION ITEMS
6. Adopt Zoning Code Amendments - Historic Preservation & Mills Act 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
City of Los Altos
City Council Regular Meeting Minutes
October 14, 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; 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
Neysa Fligor, Vice Mayor, recused herself from the discussion and vote of the item due to a potential conflict of interest.
Sally Meadows, Councilmember, explained why she pulled the item for discussion.
The following members of the public spoke regarding the item:
• Jon Baer • Roberta Phillips
• Curt Riffle • Catherine Nunes
• Maria Bautista • Lois Baer
Motion by Meadows and Second by Weinberg to waive second reading and adopt an Ordinance of the City Council of the City of Los Altos Adding Chapter 14.93 (Historic Preservation) to the Los Altos Municipal Code. Motion carried 4-0 by roll call vote, with Vice Mayor Fligor recused.
Motion by Meadows and Second by Weinberg to waive second reading and adopt 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. Motion carried 4-0 by roll call vote, with Vice Mayor Fligor recused.
Motion by Meadows and Second by Weinberg to waive second reading and adopt an Ordinance of the City Council of the City of Los Altos Repealing in its Entirety Chapter 12.44 for Existing Historic Preservation Regulations. Motion carried 4-0 by roll call vote, with Vice Mayor Fligor recused.
Motion by Meadows and Second by Weinberg to waive second reading and adopt an Ordinance of the City Council of the City of Los Altos, finding that the proposed amendments are exempt from environmental review pursuant to Section 15061(b)(3) of the California Environmental Quality Act (CEQA) Guidelines. Motion carried 4-0 by roll call vote, with Vice Mayor Fligor recused.
7. Adoption of Resolution - Amend Contract with Los Altos Chamber of Commerce Amend contract with Los Altos Chamber of Commerce
There were no public speakers for this item.
Kim Moseley, President of the Los Altos Chamber of Commerce, discussed the item with the City Council.
City of Los Altos
City Council Regular Meeting Minutes
October 14, 2025
Item failed due to a lack of motion.
PUBLIC HEARING
8. 2025 Los Altos Building Code Updates
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 Veronica Tinoco, Building Official, presented the report.
Pete Dailey, Mayor, opened the Public Hearing.
The following members of the public spoke during the Public Hearing:
• Don Bray
• Connie Miller
Pete Dailey, Mayor, closed the Public Hearing.
Motion by Weinberg and Second by Fligor to waive first reading, by title only, and 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, as amended. Motion carried unanimously by roll call vote.
Motion by Weinberg and Second by Meadows to waive first reading, by title only, 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
City of Los Altos
City Council Regular Meeting Minutes
October 14, 2025
15061(b)(3) and 15308 of the California Environmental Quality Act (CEQA) Guidelines.
Motion carried unanimously by roll call vote.
Motion by Meadows and Second by Weinberg to direct staff to place the introduced Ordinances on the October 28, 2025, meeting agenda for a public hearing, waiving of second reading, and adoption. Motion carried unanimously by roll call vote.
DISCUSSION ITEMS
9. Approval of Formation of Council Subcommittee
Approve the formation of a Subcommittee of the City Council for the Annual City Manager Performance Review
Motion by Dailey and Seconded by Fligor to appoint Pete Dailey, Mayor, and Larry Lang, Councilmember, to form the Subcommittee of the City Council for the Annual City Manager Performance Review. Motion carried unanimously by roll call vote.
The City Council took a recess at 8:31 p.m.
The City Council reconvened at 8:41 p.m.
10. Dog Park Surfacing Discussion
Direct staff to complete one of these options:
Proceed with the Callander and Associates 95% submittal to construct the Hillview Dog Park using the synthetic turf ground covering as approved at the July 9, 2024 City Council meeting; or
Return the Hillview Dog Park to the pre-design/outreach stage and eliminate synthetic turf as an option for ground covering, and further direct staff to complete the proposed McKenzie Dog Park while Hillview Dog Park is proceeding through redesign Manuel Hernandez, Parks & Recreation Director, presented the report.
The following members of the public spoke regarding the item:
• Jim Sweeney • Barbara Doherty
• Dan Beyer • Maria Bautista
• Tami Mulcahy • Susan Hinton
• Cat Huong • Teresa Morris
• Jeanine Valadez
Motion by Fligor and Second by Dailey to return the Hillview Dog Park to the predesign/outreach stage and eliminate synthetic turf as an option for ground covering, and further direct staff to complete the proposed McKenzie Dog Park while Hillview Dog Park
City of Los Altos
City Council Regular Meeting Minutes
October 14, 2025
is proceeding through redesign. Motion carried 4-1 by roll call vote with Councilmember Meadows opposed.
11. Woodland Library Expansion Plan
Authorize the City Manager to issue a formal bid for Woodland Library Patio Expansion Plan and find that the proposal is exempt from environmental review pursuant to California Environmental Quality Act Section 15301 (Existing Facilities consisting of the minor alteration of existing public structures and facilities) Jonathan D. Weinberg, Councilmember, recused himself from the discussion and vote on the item due to a potential conflict of interest.
Anthony Carnesecca, Assistant to the City Manager, and Freddie Wheeler, Los Altos Library Endowment Representative, presented the report.
There were no public speakers regarding the item.
Motion by Meadows and Second by Fligor to authorize the City Manager to issue a formal bid for Woodland Library Patio Expansion Plan and find that the proposal is exempt from environmental review pursuant to California Environmental Quality Act Section 15301 (Existing Facilities consisting of the minor alteration of existing public structures and facilities). Motion carried 4-0-1 by roll call vote with Councilmember Weinberg recused.
INFORMATIONAL ITEMS ONLY
There will be no discussion or action on Informational Items
12. Tentative Council Calendar and Housing Element Update Implementation Calendar
13. 10-14-2025 Council QA
COUNCIL/STAFF REPORTS AND DIRECTIONS ON FUTURE AGENDA ITEMS • Pete Dailey, Mayor – Requested future agenda items:
o Review of Los Altos Chamber Contract (Supported by all Council) o Send a request to the Environmental Commission to analyze a potential turf policy for the City (Supported by Fligor and Lang)
• Sally Meadows, Councilmember – Requested a future agenda item:
o Discuss the future agenda items section of the agenda, and other Council meetingrelated practices (Supported by Dailey and Fligor) • Councilmembers Lang and Weinberg reported on their attendance at the CalCities Annual Conference in Long Beach, CA.
City of Los Altos
City Council Regular Meeting Minutes
October 14, 2025
ADJOURNMENT – The regular meeting adjourned at 10:07 p.m.
The meeting minutes were prepared by Melissa Thurman, City Clerk, for approval at the regular meeting on October 28, 2025.
_________________________________ __________________________________ Pete Dailey Melissa Thurman, MMC
Mayor City Clerk
The October 14, 2025, City Council meeting recording may be viewed via the following external website: https://www.youtube.com/@CityofLosAltosCA
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 28, 2025
Prepared By: Steven Son
Approved By: Gabe Engeland
Subject: Adoption of Resolution - Amendment to a Professional Service Agreement
COUNCIL PRIORITY AREA
Public Safety
Business Communities
Circulation Safety and Efficiency
General Government
RECOMMENDATION
Adopt a Resolution authorizing the City Manager to execute an Amendment No.1 to the Professional Service Agreement with Harris & Associates in the Amount of $129,811.06 for the Downtown Parking Lot Resurfacing Project
ENVIRONMENTAL IMPACT
Not applicable - This action is consistent with Class I Section 15301, Existing Facilities (c) Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities, as activities associated with the project will include replacement of existing facilities with negligible or no expansion of capacity
FISCAL IMPACT
PREVIOUS COUNCIL CONSIDERATION
Council approved a Professional Service Agreement on October 8, 2024 Council meeting.
BACKGROUND
On October 8, 2024, the City of Los Altos entered into an agreement in the amount of $243,222.00 with Harris & Associates to provide professional design engineering services. The original scope of work includes a topographic survey of the city-owned downtown parking lots (Parking Plaza 1-10) and preparing grading plans for Downtown Parking Plaza 4, 5, and 6.
During the design process, staff were informed that the electric conduit in the parking lot had collapsed, the electric control panel was obsolete, and it was difficult to obtain replacement parts. The existing electric conduit is being used to run power to various outlets in the parking lot. The outlet is being utilized by both the downtown association and staff for various functions and decorations. Over the years, the galvanized conduit has rusted and collapsed, so staff are unable to make necessary repairs to the electrical wires, nor are they able to install new wires.
For this reason, the existing conduit needs to be replaced with new conduits. Since the parking
lot will be regraded, now is the time to install new conduits as a part of the project.
The electric control cabinet, which is over 20 years old, controls the streetlights on Main Street, State Street, and the parking lots 4, 5, and 6. Due to the age of the control and cabinet, staff are having difficulty obtaining replacement parts for repairs. For this reason, the electric control cabinets should be replaced as part of this project.
Based on the preliminary design of the parking lot, the existing slope does not meet the current ADA standard, as it exceeds the maximum allowable slope of 2%. Also, sections of the existing parking lot have been damaged due to root lifting the asphalt pavement or causing uneven settlement. This may cause tripping hazards for pedestrians and resulting in localized ponding, which leads to drainage issues and further deterioration of the asphalt pavement. Additionally, the trees are planted underneath the high-voltage electrical line along parking lots 4, 5, and 6, which are known to grow taller than the height of the high-voltage electrical transmission main.
For this reason, there is a high potential for the electrical main to be hit by the tree, causing an arc and starting a fire. To mitigate potential fires, PG&E has been trimming the tops of trees during its routine maintenance to reduce this risk as much as possible. To address the drainage issue and comply with ADA regulations, the existing parking lot will need to be regraded, which will have a direct impact on the existing trees and the location of the park strip. An arborist was hired to assess the health, condition, and survivability of the trees after construction. Based on the arborist report, the tree's health varies greatly, ranging from poor to good condition. The arborist also stated that any construction around the tree will have a negative impact, and the trees will not survive. To mitigate the possibility that the existing trees may not survive after construction, the project will plant new trees. The type of tree that will be planted will not impact the high-voltage power line. The project will also install root barriers or other measures to prevent tree roots from damaging the parking lot.
The new electric control panel will be required to upgrade the existing electric meter for the parking lot. Given the extent of the reconstruction, staff felt that the parking reconstruction would be the ideal opportunity to design the parking lot for its ultimate purpose. To reduce the carbon footprint produced by internal combustion vehicles, and to comply with the Council’s goal of carbon reduction, with the need to upgrade the existing electric meter, staff felt now is the time to design the parking lot for the future by installing charging stations for electric vehicles and an electric bicycle station.
The staff requested that Harris & Associates expand the scope of work to address additional infrastructure and site improvement needs. This amendment encompasses the integration of electrical design, EV charging station infrastructure, trash enclosure structural design, parking lot landscaping, and other necessary scopes for the project. The proposed additional scope will construct these parking lots to meet the future needs of the city. The proposed amendment is an additional $129,811.06 to the existing $243,222.00, which was awarded by the Council on October 8, 2024. The total cost of the project will be $373,033.06.
ANALYSIS
DISCUSSION
ATTACHMENTS
1. Attachment 1 - Resolution
ADD ATTACHMENT HEADER
RESOLUTION NO. 2025-__
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 1 TO A
PROFESSIONAL SERVICE AGREEMENT WITH HARRIS & ASSOCIATES IN THE AMOUNT OF $129,811.06 FOR THE DOWNTOWN PARKING LOT RESURFACING CF-01057
WHEREAS, the City of Los Altos entered into an agreement with Harris & Associates to provide professional engineering design services; and
WHEREAS, the FY2025/26 Council-approved CIP budget has adequate funding for the project; and
WHEREAS, the amendment will expand the requested scope of work; and WHEREAS, Amendment No. 1 to Professional Service Agreement, in the amount of $129,811.06, will increase the total not-to-exceed contract amount to $373,033.06; and 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 Amendment No.1 to the Professional Service Agreement with Harris & Associates, in the amount of $129,811.06, increasing the total not-to-exceed contract amount to $373,033.06 for continued professional engineering design services; and
2. Authorize the City Manager to take such further actions as may be necessary to implement the foregoing Professional Service Agreement, and 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 28th day of October, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
__________________________
Pete Dailey
Mayor
ADD ATTACHMENT HEADER
ATTEST:
_________________________
Melissa Thurman, MMC
City Clerk
City Council Staff Report
Meeting Date: October 28, 2025
Prepared By: Jon Maginot
Approved By:
Subject: Adoption of Resolution - Fire Protection Services Contract
COUNCIL PRIORITY AREA
Public Safety
General Government
RECOMMENDATION
Adopt a resolution regarding fire protection service options in the City of Los Altos
ENVIRONMENTAL IMPACT
Not applicable.
FISCAL IMPACT
The fiscal impact of this action is unknown at this time. This action will require staff resources to explore options for fire protection services for the City. Currently, the City pays approximately $9.2 million annually to Santa Clara County Fire Department for fire protection services.
PREVIOUS COUNCIL CONSIDERATION
June 24, 2025
BACKGROUND
The City of Los Altos contracts with Santa Clara County Central Fire Protection District (County Fire) for fire protection services. This contract began in 1997 and has been approved in 10-year increments. The contract also includes Los Altos Hills County Fire District (LAHCFD).
The current contract with County Fire will expire on December 31, 2026. The current contract contains a provision that the agreement will automatically renew for successive ten-year terms unless one of the parties provides notice of non-renewal to the other parties at least one year prior to the expiration of the agreement. For Calendar Year 2025, the City will pay approximately $9.2 million for fire protection services.
ANALYSIS
DISCUSSION
On June 24, 2025, City Council adopted a Resolution directing staff to explore all options for fire protection services in the City of Los Altos. This included evaluating extension of the current contract, negotiation of a new contract and annexation of the City into the Fire District.
Staff has reviewed the current contract with County Fire and determined that automatic renewal is not a recommended path forward as costs will continue to rise quickly.
The attached Resolution will provide notice to County Fire of the City’s intent to not automatically renew the existing contract for an additional ten years. Additionally, it will provide direction to staff to continue exploring annexation in the Fire District as well as negotiating a new contract with County Fire. The Resolution also directs staff to seek proposals from other agencies for fire protection services.
ATTACHMENTS
1. Attachment 1 - Resolution
Resolution 2025-xxx Page 1
RESOLUTION NO. 2025-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS
REGARDING FIRE PROTECTION SERVICES OPTIONS IN THE CITY OF LOS ALTOS
WHEREAS, the City of Los Altos is committed to ensuring the community receive high quality fire protection services; and
WHEREAS, the City of Los Altos first contracted with Santa Clara County Central Fire Protection District for fire protection services in 1996 and the current contract expires on December 31, 2026; and
WHEREAS, the contract with Santa Clara County Central Fire Protection District automatically renews for an additional 10-year period unless either party provides 12-month written notice of non-renewal.
NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby:
1. Provides notice to Santa Clara County Central Fire Protection District of non-automatic renewal of Fire and Emergency Medical Services Agreement of December 2016; and
2. Directs City to negotiate with Santa Clara County Fire Department for either a new, 10- year agreement or annexation of the City into the Fire District; and
3. Directs City staff to seek proposals from alternative fire protection providers.
BE IT FURTHER RESOLVED, that the City Council of the City of Los Altos hereby directs City staff to ensure that fire protection services are maintained at an equal or higher level as currently set.
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 28th day of October, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Pete Dailey, MAYOR
Attest:
Resolution 2025-xxx Page 1
_____________________________
Melissa Thurman, MMC
CITY CLERK
City Council Staff Report
Meeting Date: October 28, 2025
Prepared By: Jessie Kim
Approved By: Gabe Engeland
Subject: Adoption of Resolution - Donation Acceptance
COUNCIL PRIORITY AREA
Public Safety
General Government
RECOMMENDATION
Adopt a resolution accepting a $100,000 donation from the Chou Family for public safety improvements and allocating the full amount to the 999 Fremont Capital Project (Project No. 10004 / CF-01006)
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
The City will receive a donation of $100,000, which will be recorded as revenue and appropriated to 999 Fremont Project. No additional funding or budget adjustments are required at this time.
PREVIOUS COUNCIL CONSIDERATION
None
BACKGROUND
In alignment with the City’s Gift and Donations Policy (2008), contributions valued over $10,000 must be accepted by the City Council in a public meeting.
The Chou Family has offered a $100,000 charitable contribution to support planned improvements at 999 Fremont, a City-owned facility. The site is being prepared for use as a Police sub-station, with targeted interior upgrades to improve operational access to the southern areas of the City.
The donation is intended to be used for enhancements including safety upgrades, infrastructure improvements, and design development.
This contribution supports Council’s adopted priorities related to Public Safety and long-term infrastructure investment, as reflected in the FY25-26 Capital Improvement and Major Maintenance Program (CIMMP).
ANALYSIS
DISCUSSION
ATTACHMENTS
1. Attachment 1 - Resolution
Resolution No. 2025-XX Page 1
RESOLUTION NO. 2025-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF LOS ALTOS
ACCEPTING A DONATION FROM THE CHOU FAMILY AND
APPROPRIATING FUNDS TO THE CAPITAL IMPROVEMENT PROGRAM
FOR THE 999 FREMONT PROJECT
WHEREAS, the City of Los Altos has prioritized public safety facility improvements as part of its FY2025–26 Capital Improvement and Major Maintenance Program (CIMMP); and
WHEREAS, the City will be receiving a donation of $100,000 from the Chou Family to support facility improvements at 999 Fremont Avenue; and WHEREAS, the City is committed to utilizing donated funds in a transparent and effective manner that aligns with the donor's intent and the City’s adopted goals and policies; and WHEREAS, this donation directly supports the City’s public safety infrastructure goals; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Los Altos hereby accepts the $100,000 donation from the Chou Family for the 999 Fremont Project; and
BE IT FURTHER RESOLVED, that the City Council authorizes to recognize $100,000 in revenue and appropriate said amount to the Capital Improvement Project designated for 999 Fremont.
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 28th day of October, 2025 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
___________________________
Pete Dailey, MAYOR
Attest:
_____________________________
Melissa Thurman, CITY CLERK
City Council Agenda Report
Meeting Date: October 28, 2025
Prepared By: Stephanie Williams
Approved By: Gabe Engeland
Subject: 2025 Los Altos Building Code Updates
COUNCIL PRIORITY AREA
☐Public Safety
☐Business Communities
☐Circulation Safety and Efficiency
☒Environmental Sustainability
☐Housing
☒General Government
RECOMMENDATION
1. Adopt 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
2. Adopt 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.
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.
ENVIRONMENTAL REVIEW
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.
PREVIOUS COUNCIL CONSIDERATION
The City Council considers updates to the California Building Standards Code every three years.
Council reviewed and unanimously voted approval to introduce the two ordinances for the 2025 Building Codes at the regular public meeting on October 14, 2025.
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 longstanding 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.
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
• Install a 125-volt 20-amp receptacle.
• Pathway for a 240-volt 50-amp circuit for a future electric cooktop.
2. Gas Clothes Dryer
• Install a 125-volt 20-amp receptacle
• Pathway for a 240-volt 30-amp circuit for a future electric clothes dryer.
3. Water Heating
• Install a 125-volt 20-amp receptacle .
• Pathway for a 240-volt 30-amp circuit for a future heat pump water heater. • Pathway for a condensate drain.
• Physical space reserved for a future heat pump water heater (2.5’ x 2.5x 7’).
4. Space Heating
• Physical space is reserved for a future heat pump space heater.
5. Gas Line Extensions for Outdoor Gas Appliances
• Install conduit.
• Reserve breaker space for future electric appliance.
• 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):
• Demonstrate upgrades to electrical power infrastructure are required by documenting:
o Calculations in accordance with California Electrical Code Article 220.83 demonstrating future loads exceed current electrical power infrastructure. o If the data are available, calculations in accordance with California Electrical Code Article 220.87 demonstrating future loads exceed current electrical power infrastructure.
• Calculations above must include at least one of the following:
o One power management or circuit controlling device.
o One 120 volt electric-only clothes dryer, water heater or range. o Circuit control between whole home load and either 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. Repealing Ordinance
2. Appendix 1
3. Adopting Ordinance
4. Appendix 1
5. Appendix 2
6. Appendix 3
7. Appendix 4
8. Appendix 5
9. Appendix 6
10. Appendix 7
11. Appendix 8
12. Appendix 9
13. Appendix 10
14. Appendix 11
15. Appendix 12
16. Appendix 13
17. Appendix 14
18. Appendix 15
19. Appendix 16
20. Appendix 17
21. Appendix 18
22. Appendix 19
23. Summary Compliance Table
24. Cost Effectiveness Study
25. Cost Summary Table
26. Greenhouse Gas Reductions Summary Table
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:
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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.
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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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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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(Supp. No. 44, Update 2)
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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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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(Supp. No. 44, Update 2)
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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(Supp. No. 44, Update 2)
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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(Supp. No. 44, Update 2)
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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(Supp. No. 44, Update 2)
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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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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(Supp. No. 44, Update 2)
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:
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1. Constantly attended/supervised.
2. Provided with emergency shutoff valves that have ready access.
Chapter 61 LIQUEFIED PETROLEUM GASES
Section 6104.2 is amended to read as follows:
6104.2 Maximum capacity within established limits. Within The limits referred to in Section 6104.2 of the California Fire Code, in which storage of liquefied petroleum gas is restricted, 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.
Exception: LPG may be used for industrial operations or when natural gas would not provide a viable substitute for LPG. Portable containers for temporary heating and/or cooking uses may be permitted if stored and handled in accordance with this code. Facilities in commercial areas for refueling portable or mobile LPG containers may be approved by the fire code official on a case-by-case basis.
Chapter 64 PYROPHORIC MATERIALS
Chapter 64 of the 2022 California Fire Code and 2021 International Code is amended as follows:
Section 6405 USE
Section 6405.3.1 is amended to read:
6405.3.1 Silane distribution systems automatic shutdown. Silane distribution systems shall automatically shut down at the source upon activation of the gas detection system at levels above the alarm level and/or failure of the ventilation system for the silane distribution system.
Chapter 80 REFERENCE STANDARD
NFPA
Add the following reference standard to read:
855—20: Standard for the Installation of Stationary Energy Storage Systems Appendix B FIRE-FLOW REQUIREMENTS FOR BUILDINGS
Appendix B of the 2022 California Fire Code and 2021 International Code is amended as follows:
Section B105 FIRE=FLOW REQUIRES FOR BUILDINGS
Section B105.2 is amended as follows:
B105.2 Buildings other than one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses. The minimum fire-flow and flow duration for buildings other than one- and two-family dwellings, Group R-3 and R-4 buildings and townhouses shall be as specified in Tables B105.1(2) and B105.2.
Exceptions: [SFM] Group B, S-2 and U occupancies having a floor area not exceeding 1,000 square feet, primarily constructed of noncombustible exterior walls with wood or steel roof framing, having a Class A roof assembly, with uses limited to the following or similar uses:
1. California State Parks buildings of an accessory nature (restrooms).
2. Safety roadside rest areas (SRRA), public restrooms.
3. Truck inspection facilities (TIF), CHP office space and vehicle inspection bays.
4. Sand/salt storage buildings, storage of sand and salt.
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The maximum fire flow reduction for all commercial buildings greater than 30,000 square feet and residential podium buildings shall not exceed 25 percent of the fire flow specified in Table B105.1(2). The maximum fire flow reduction for all other buildings shall not exceed 50 percent of the fire flow specified in Table B105.1(2).
Appendix C FIRE HYDRANT LOCATIONS AND DISTRIBUTION
Appendix C of the 2022 California Fire Code and 2021 International Code is amended as follows:
Section C102 NUMBER OF FIRE HYDRANTS
Section C102.1 is amended to read:
C102.1 Minimum number of fire hydrants for a building. The number of fire hydrants available to a building shall be not less than the minimum specified in Table C102.1, utilizing the base fire flow without fire sprinkler reduction.
Appendix D FIRE APPARATUS ACCESS ROADS
Appendix D of the 2022 California Fire Code and 2021 International Code is amended as follows:
Section D103 MINIMUM SPECIFICATION
Section D103.1 is deleted:
D103.1 Access Road width with a hydrant. Where a fire hydrant is located on a fire apparatus access road, the minimum road width shall be 26 feet (7925 mm), exclusive of shoulders (see Figure D103.1).
Section D103.2 is amended as follows:
D103.2 Grade. The maximum grade of a fire department apparatus access road shall not exceed 15-percent, unless approved by the fire code official.
Section D103.3 is amended as follows:
D103.3 Turning radius. The required turning radius of a fire apparatus access roads shall be a minimum of 30 feet inside, and a minimum of 50 feet outside.
Section D103.4 is amended as follows:
D103.4 Dead ends. Dead-end fire apparatus access roads and/or driveways in excess of 150 feet (45 720 mm) shall be provided with width and turnaround provisions in accordance with Table D103.4 the Santa Clara County Fire Department apparatus access and turnaround standards, as approved by the fire code official.
Section D103.6 is amended as follows:
D103.6 Signs. Where required by the Fire Code Official, fire apparatus access roads shall be designated and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code and the Santa Clara County Fire Department A-6 Standard. Signs shall have a minimum dimension of 12 inches (305 mm) wide by 18 inches (457 mm) high and have red letters on a white reflective background. Signs shall be posted on one or both sides of the fire apparatus road as required by Section D103.6.1 or D103.6.2. (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)
Title 12 - BUILDINGS AND CONSTRUCTION
Chapter 12.26 CALIFORNIA GREEN BUILDING STANDARDS CODE
Los Altos, California, Code of Ordinances Created: 2025-08-14 10:36:45 [EST] (Supp. No. 44, Update 2)
Chapter 12.26 CALIFORNIA GREEN BUILDING STANDARDS CODE9
12.26.010 Adoption of the California Green Building Standards Code.
There is hereby adopted by reference as if fully set forth herein, the 2022 California Green Building Standards Code, contained in the California Code of Regulations, Title 24, Part 11, 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, § 19, 12-10-2013; Ord. No. 2016-426, § 19, 11-8-2016; Ord. No. 2019-464, §§ 21, 22, 12-10- 2019; Ord. No. 2020-471, § 11-10-2020; Ord. No. 2022-487, §§ 22, 23, 11-29-2022)
12.26.020 Amendments, additions or deletions.
The 2022 California Green Building Standards Code referred to in Section 12.26.010 is adopted, together with Chapters 1 Administration, 4 Residential Mandatory Measures, and 5 Nonresidential Mandatory Measures, of the 2022 California Green Building Standards Code, with the following amendments as follows:
Chapter 1 Section 102.4 Scope and Mandatory Compliance is hereby added to read as follows.
Section 102.4 Scope and Mandatory Compliance
A. This code contains both mandatory and voluntary green building measures. Mandatory and voluntary measures are identified in the appropriate chapters contained in this code. Compliance measures and methods shall be by one of the following measures approved by the Building Official.
The means by which compliance measures are achieved shall be mandatory measures with appendix sections voluntarily applied, building division mandatory check list, whole house Build it Green GreenPoint check list, LEED, other recognized point systems, Title 24 Part 6 Energy Efficiency Standards, or equivalent approved methods. Green Building Compliance measures in addition to checklists shall be incorporated into the project drawings approved by the Building Official prior to building permit submittal.
Prior to issuance of a building permit, the owner or responsible Registered Design Professional acting as the owner's agent shall employ and/or retain a Qualified Green Building Professional to the satisfaction of the Building Official, and prior to final inspection shall submit verification that the project is in compliance with this ordinance.
Chapter 4 Section 4.106.4.1 Electric vehicle (EV) charging for new construction thru 4.106.4.2.2 are deleted and replaced to read as follows, based upon express findings set forth in this Ordinance.
Section 4.106.4.1 and 4.106.4.2.1 and 4.106.4.2.2 are amended to read as follows:
4.106.4.1 New one- and two-family dwellings and townhouses with attached private garages.
For each dwelling unit, install at least one Level 2 EV Ready Space in the garage. If multiple (two or more) garage parking spaces are provided for a dwelling unit, install at least two Level 2 EV Ready Spaces. 9Ord. No. 2022-487, §§ 22, adopted Nov. 29, 2022, amended Ch. 12.26 in its entirety, in effect repealing and reeancting said chapter to read as set out herein. The former Ch. 12.26, §§ 12.26.010—12.26.030, pertained to similar subject matter and derived from Ord. No. 10-359, § 19, adopted Nov. 23, 2010 and Ord. No. 2013- 395, adopted Dec. 10, 2013.
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(Supp. No. 44, Update 2)
4.106.4.2.1 Multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms. The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.
1. EV Capable. Twenty-five (25) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.
The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as "EV CAPABLE" in accordance with the California Energy Code.
Exceptions:
1. When EV chargers (Level 2 EVSE) are installed in a number equal to or greater than the required number of EV capable spaces.
2. When EV chargers (Level 2 EVSE) are installed in a number less than the required number of EV capable spaces, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed.
The following requirements apply to all multifamily development projects with less than 20 dwelling units; and hotels and motels with less than 20 sleeping units or guest rooms:
1. Calculations for the required minimum number of Level 2 EVSE spaces shall be rounded up to the nearest whole number.
2. In addition, each remaining dwelling unit with parking space(s) shall be provided with at least one Level 2 EV Ready Space.
4.106.4.2.2 Multifamily development projects with 20 or more dwelling units; and hotels and motels with 20 or more sleeping units or guest rooms. The number of dwelling units, sleeping units or guest rooms shall be based on all buildings on a project site subject to this section.
2. EV Capable. Twenty-five (25) percent of the total number of parking spaces on a building site, provided for all types of parking facilities, shall be electric vehicle charging spaces (EV spaces) capable of supporting future Level 2 EVSE. Electrical load calculations shall demonstrate that the electrical panel service capacity and electrical system, including any on-site distribution transformer(s), have sufficient capacity to simultaneously charge all EVs at all required EV spaces at a minimum of 40 amperes.
The service panel or subpanel circuit directory shall identify the overcurrent protective device space(s) reserved for future EV charging purposes as "EV CAPABLE" in accordance with the California Energy Code.
Exceptions:
3. When EV chargers (Level 2 EVSE) are installed in a number equal to or greater than the required number of EV capable spaces.
4. When EV chargers (Level 2 EVSE) are installed in a number less than the required number of EV capable spaces, the number of EV capable spaces required may be reduced by a number equal to the number of EV chargers installed.
The following requirements apply to all multifamily development projects with 20 or more dwelling units; and hotels and motels with 20 or more sleeping units or guest rooms:
3. Calculations for the required minimum number of Level 2 EVSE spaces shall be rounded up to the nearest whole number.
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4. In addition, each remaining dwelling unit with parking space(s) shall be provided with at least one Level 2 EV Ready Space.
Chapter 5 Section 5.106.5.3 Electric vehicle (EV) charging thru 5.106.5.3.5 are deleted and replaced to read as follows, based upon express findings set forth in this Ordinance Section 5.106.5.3 thru 5.106.5.3.5 are amended to read as follows:
5.106.5.3 Electric vehicle (EV) charging. [N] New construction to provide electric vehicle infrastructure and facilitate electric vehicle charging shall comply with Section 5.106.5.3.1 and shall be provided in accordance with regulations in the California building Code and the California Electrical Code.
Exceptions:
1. Where there is no local utility power supply.
2. Parking spaces accessible only by automated mechanical car parking systems are not required to comply with this code section.
5.106.5.3.1 Office and Institutional buildings. In nonresidential new construction buildings designated primarily for office use and institutional buildings, with parking:
1. When 10 or more parking spaces are constructed, 50% of the available parking spaces on site shall be equipped with Level 2 EVSE;
2. An additional 20% shall be provided with at least Level 1 EV Ready Spaces; and
3. An additional 30% shall be at least Level 2 EV Capable.
Calculations for the required minimum number of spaces equipped with Level 2 EVSE, Level 1 EV Ready spaces and EV Capable spaces shall all be rounded up to the nearest whole number.
Construction plans and specifications shall demonstrate that all raceways shall be a minimum of 1" and sufficient for installation of EVSE at all required Level 1 EV Ready and EV Capable spaces; Electrical calculations shall substantiate the design of the electrical system to include the rating of equipment and any on-site distribution transformers, and have sufficient capacity to simultaneously charge EVs at all required EV spaces including Level 1 EV Ready and EV Capable spaces; and service panel or subpanel(s) shall have sufficient capacity to accommodate the required number of dedicated branch circuit(s) for the future installation of the EVSE.
5.106.5.3.2Other nonresidential buildings. In nonresidential new construction buildings that are not designated primarily for office use, such as those for retail uses:
1. When 10 or more parking spaces are constructed, 6% of the available parking spaces on site shall be equipped with Level 2 EVSE;
2. An additional 5% shall be at least Level 1 EV Ready.
Calculations for the required minimum number of spaces equipped with Level 2 EVSE and Level 1 EV Ready spaces shall be rounded up to the nearest whole number. (Ord. No. 2013-395, § 19, 12-10-2013; Ord. No. 2016-426, § 19, 11-8-2016; Ord. No. 2019-464, §§ 19, 20, 12-10- 2019; Ord. No. 2020-471, § 11-10-2020; Ord. No. 2022-487, §§ 22, 23, 11-29-2022)
12.26.030 Definitions.
For the purpose of this chapter, certain words and phrases used herein are defined as follows:
"Affordable Housing" means a housing development project, as defined in Government Code Section 65589.5(h)(2), in which at least forty (40) percent of the units within the project are required by deed, regulatory
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(Supp. No. 44, Update 2)
restriction contained in an agreement with a government agency, or other recorded document, to be made available at an affordable housing cost as defined in Health and Safety Code Section 50052.5, or at an affordable rent as defined in Health and Safety Code Section 50053, to persons and families of low or moderate income as defined by Section 50093 of the Health and Safety Code, lower income households as defined by Section 50079.5 of the Health and Safety Code, very low income households as defined by Section 50105 of the Health and Safety Code, or extremely low income households as defined by Section 50106 of the Health and Safety Code, for a period of fifty-five (55) years for rental housing or forty-five (45) years for owner-occupied housing. "Automatic Load Management Systems (ALMS)" means a control system which allows multiple EV chargers or EV-Ready electric vehicle outlets to share a circuit or panel and automatically reduce power at each charger, providing the opportunity to reduce electrical infrastructure costs and/or provide demand response capability.
ALMS systems must be designed to deliver at least 1.4kW to each EV Capable, EV Ready or EVCS space served by the ALMS. The connected amperage on-site shall not be lower than the required connected amperage per Part 11, 2019 California Green Building Code for the relevant building types. "Build It Green" means the Build It Green organization. Build It Green is a California professional non-profit membership organization whose mission is to promote healthy, energy and resource-efficient buildings. "Direct Current Fast Chargers" capable of charging at 20-400kW and delivers DC power directly to the battery and therefore able to charge faster. Examples of this type of charger include Superchargers and DC Fast Chargers currently used at some public and commercial sites.
"Electric Vehicle Charging Station (EVCS)" means a parking space that includes installation of electric vehicle supply equipment (EVSE) with a minimum capacity of thirty (30) amperes connected to a circuit serving a Level 2 EV Ready Space. EVCS installation may be used to satisfy a Level 2 EV Ready Space requirement. "EV Capable" means a parking space linked to a listed electrical panel with sufficient capacity to provide at least 110/120 volts and 20 amperes to the parking space. Raceways linking the electrical panel and parking space only need to be installed in spaces that will be inaccessible in the future, either trenched underground or where penetrations to walls, floors, or other partitions would otherwise be required for future installation of branch circuits. Raceways must be at least one inch in diameter and may be sized for multiple circuits as allowed by the California Electrical Code. The panel circuit directory shall identify the overcurrent protective device space(s) reserved for EV charging as "EV CAPABLE." Construction documents shall indicate future completion of raceway from the panel to the parking space, via the installed inaccessible raceways. "Green Point Rated" means the rating system developed by Build It Green. "LEED" means the "Leadership in Energy and Environmental Design" program developed by the U.S. Green Building Council. The U.S. Green Building Council is a National professional non-profit membership organization whose mission is to promote buildings that are environmentally responsible. "LEED Accredited Professional" means a person or organization determined by the Building Official to be qualified to perform inspections and provide documentation to assure compliance with the U.S. Green Building Council LEED requirements.
"Level 1 EV Ready Space" means a parking space served by a complete electric circuit with a minimum of 110/120 volt, 20-ampere capacity including electrical panel capacity, overprotection device, a minimum one inch diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and either a) a receptacle labelled "Electric Vehicle Outlet" with at least a ½" font adjacent to the parking space, or b) electric vehicle supply equipment (EVSE).
"Level 2 EV Ready Space" means a parking space served by a complete electric circuit with 208/240 volt, 40- ampere capacity including electrical panel capacity, overprotection device, a minimum one inch diameter raceway that may include multiple circuits as allowed by the California Electrical Code, wiring, and either a) a receptacle labelled "Electric Vehicle Outlet" with at least a ½" font adjacent to the parking space, or b) electric vehicle supply equipment (EVSE) with a minimum output of thirty (30) amperes.
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(Supp. No. 44, Update 2)
"Structural Renovations" means existing portions of roof framing and/or exterior walls removed for the purpose of rebuilding and remodeling.
"Qualified Green Building Professional" means a person trained through the USGBC as a "LEED AP" (accredited professional), or through Build It Green as a GreenPoint Rater, or other qualifications when acceptable to the Building Official. A certified green building professional, architect, designer, builder, or building inspector may be considered a qualified green building professional when determined appropriate by the Building Official. (Ord. No. 2013-395, § 19, 12-10-2013; Ord. No. 2016-426, § 19, 11-8-2016; Ord. No. 2019-464, §§ 19, 20, 12-10- 2019; Ord. No. 2020-471, § 11-10-2020)
Chapter 12.28 UNIFORM HOUSING CODE
Sections:
12.28.010 Adoption of the Uniform Housing Code.
The 1998 edition of the California Building Standards Code, incorporating the Uniform Housing Code, 1997 edition, published by the International Conference of Building 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. 03-242 § 15 (part))
Chapter 12.30 CALIFORNIA EXISTING BUILDING CODE10
12.30.010 Adoption of the California Existing Building Code.
There is hereby adopted by reference as if fully set forth herein, the 2022 California Existing Building Code, contained in the California Code of Regulations, Title 24, Part 10, and also the International Existing Building Code 2021 Edition, 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, § 22, 12-10-2013; Ord. No. 2016-426, § 22, 11-8-2016; Ord. No. 2019-464, §§ 23, 24, 12-10- 2019; Ord. No. 2022-487, §§ 25, 26, 11-29-2022)
Chapter 12.32 CALIFORNIA HISTORICAL BUILDING CODE11
10Editor's note(s)—Ord. No. 2013-395, adopted Dec. 10, 2013, repealed Ch. 12.30 and enacted a new chapter as set out herein. The former Ch. 12.30, § 12.30.010, pertained to similar subject matter and derived from Ord.
No. 08-319, § 16 and Ord. No. 10-359, § 22, adopted Nov. 23, 2010. 11Editor's note(s)—Ord. No. 2013-395, adopted Dec. 10, 2013, repealed Ch. 12.32 and enacted a new chapter as set out herein. The former Ch. 12.32, § 12.32.010, pertained to similar subject matter and derived from Ord.
No. 10-359, § 24, adopted Nov. 23, 2010.
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12.32.010 Adoption of the California Historical Building Code.
There is hereby adopted by reference as if fully set forth herein, the 2022 California Historical Building Code, contained in the California Code of Regulations, Title 24, Part 8, published by the International Code Council, 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, § 24, 12-10-2013; Ord. No. 2016-426, § 23, 24, 11-8-2016; Ord. No. 2019-464, §§ 25, 26, 12- 10-2019; Ord. No. 2022-487, §§ 27, 28, 11-29-2022)
Chapter 12.36 WATER EFFICIENT LANDSCAPE REGULATIONS ADOPTED Sections:
12.36.010 Adoption of water efficient landscape regulations.
Water efficient landscape regulations, dated December 8, 1992, and any amendments thereto, are hereby adopted by reference, as if fully set forth herein, including each and all of the regulations, provisions, penalties, conditions, and terms thereof. A copy is available at Los Altos City Hall for use and examination. (Prior code § 9-11.01)
Chapter 12.40 UNIFORM CODE FOR THE ABATEMENT OF DANGEROUS
BUILDINGS
Sections:
12.40.010 Adoption of the Uniform Code for the Abatement of Dangerous Buildings.
The 1998 edition of the California Code of Regulations, incorporating the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, published by the International Conference of Building Officials, is hereby adopted. There is one copy of said code on file in the office of the city clerk for use and examination by the public. (Ord. 08-319 § 18)
Chapter 12.42 CALIFORNIA REFERENCED STANDARDS CODE12
12.42.010 Adoption of the California Referenced Standards Code.
There is hereby adopted by reference as if fully set forth herein, the 2022 California Referenced Standards Code, contained in the 2022 edition of the California Code of Regulations, Title 24, Part 12, published by the 12Editor's note(s)—Ord. No. 2013-395, adopted Dec. 10, 2013, repealed Ch. 12.42 and enacted a new chapter as set out herein. The former Ch. 12.42, § 12.42.010, pertained to similar subject matter and derived from Ord.
No. 08-319, § 19 and Ord. No. 10-359, § 26, adopted Nov. 23, 2010.
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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, § 26, 12-10-2013; Ord. No. 2016-426, § 25, 26, 11-8-2016; Ord. No. 2019-464, §§ 27, 28, 12- 10-2019; Ord. No. 2022-487, §§ 29, 30, 11-29-2022)
Chapter 12.44 HISTORIC PRESERVATION13
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.
13Editor's note(s)—Ord. No. 2011-363, § 1, adopted March 8, 2011, amended Ch. 12.44 in its entirety to read as herein set out. The former Ch. 12.44, §§ 12.44.010—12.44.220, pertained to similar subject matter and derived from Ord. No. 04-257, § 1(part) and Ord. No. 08-324, § 2(part). Previously, said chapter derived from §§ 2-8.101, 2-8.102 and 2-8.301—2-8.504 of the prior code.
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(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:
"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.
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"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 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.
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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:
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.
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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.
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.
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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)
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
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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.
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
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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.
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)
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Editor's note(s)—Former § 12.44.1500, see editor's note § 12.44.080.
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.
Chapter 12.48 BUILDING NUMBERS
Sections:
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12.48.010 Proper number to be displayed.
Any property owner may display, and is encouraged to display, the official building number designated for such property by the naming and numbering project of the city. It shall be unlawful to display, so as to be visible from the street, any number other than the number officially designated for such property under the street naming and numbering project adopted in accordance with the provisions of the Government Code of the state. (Prior code § 9-7.01)
12.48.020 City clerk to distribute numbers.
The city clerk is hereby directed to supply any property owner with his/her official building number upon application for such number by the owner.
(Prior code § 9-7.02)
Chapter 12.52 MOVING OF BUILDINGS
Sections:
12.52.010 Definitions.
For the purposes of this chapter, certain terms used in this chapter are defined as follows:
A. "Building" shall mean a mobile home certified under the National Mobile Home Construction and Safety Standards Act of 1974 and any structure designed, built, or occupied as a shelter or roofed enclosure for persons, animals, or property and used for residential, business, mercantile, storage, commercial, industrial, institutional, assembly, educational, or recreational purposes. A building of ten (10) feet or less in width, length, and height shall not be deemed as coming under the regulations of this chapter.
B. "Building inspector" shall mean the building inspector of the city. (Prior code § 9-6.01)
12.52.020 Permits required for placement of buildings upon lots within the city.
No person shall move a building from one lot within the city onto another lot within the city or from a lot outside the city onto a lot within the city without first obtaining a permit from the council. (Prior code § 9-6.02)
12.52.030 Filing fees.
The filing fee shall be as set by the council by resolution. (Prior code § 9-6.03)
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12.52.040 Hearings—Notices.
At least one public hearing shall be conducted by the planning commission and one by the council, and notice thereof shall be given in accordance with Section 14.80.030 of Chapter 14.80 of Title 14 of this code. At the public hearing any person may appear to support or object to the granting of the permit. (Prior code § 9-6.04)
12.52.050 Approval of moving.
A. The applicant shall present evidence of approval of moving by the police department, fire department, city engineer, public utility companies, and building inspector prior to setting the application for a public hearing.
No such public hearing shall be held until all approvals have been filed with the application.
B. The building inspector's report shall be based upon the following standards, and, prior to his approving the application, the following standards shall be cause for disapproval:
1. That any application requirement or any fee deposit or insurance requirement has not been complied with;
2. That the building is too large to move without endangering persons or property in the city;
3. That the building is in such a state of deterioration or disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons and property in the city;
4. That the building is structurally unsafe or unfit for the purpose for which moved if the removal location is in the city;
5. That the applicant's equipment is unsafe and that persons and property would be endangered by its use;
6. That zoning or other provisions of this code would be violated by the building in its new location; or
7. That for any other reason persons or property in the city would be endangered by the moving of the building.
(Prior code § 9-6.05)
12.52.060 Indemnification—Insurance.
A. An application for a moving permit shall be accompanied by a cash deposit or bond in the sum of four thousand dollars ($4,000.00) as an indemnity for any damage which the city may sustain by reason of damage or injury to any highway, street, alley, sidewalk, fire hydrant, or other property of the city which may be caused by or be incidental to the removal of any building over, along, or across any street in the city, and to indemnify the city against any claim of damages to persons or private property, and to satisfy any claims by private individuals arising out of, caused by, or incidental to the moving of any building over, along, or across any street in the city. The deposit shall also be used to guarantee the completion of any house moving undertaken, from the initial moving to the final setting of such building on its foundation at the destination, and in compliance with all conditions of the permit.
B. The applicant shall present evidence before the issuance of a house moving permit by the building inspector of public liability and property damage insurance in the amount of two hundred thousand dollars ($200,000.00).
(Prior code § 9-6.06)
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(Supp. No. 44, Update 2)
12.52.070 Architectural and site control committee action.
Whenever a permit is applied for to move a building over a public street, and the final location or site upon which the building is to be placed is within the city, the request for the permit shall be referred to the architectural and site control committee of the planning commission to ascertain whether the structure upon its new site will be in conformity with the zoning, subdivision, or other provisions of this code which may be applicable. (Prior code § 9-6.07)
12.52.080 Responsibilities of permittees.
Every permittee under this chapter shall:
A. Move a building only over streets designated for such use in the written permit; B. Notify the building inspector, fire department, police department, and city engineer in writing of a desired change in the moving date and hours as proposed in the application; C. Notify the building inspector in writing of any and all damage done to property belonging to the city within twenty-four (24) hours after the damage or injury has occurred; D. Cause red lights to be displayed during the nighttime on every side of the building while standing or moving on a street in such manner as to warn the public of the obstruction and at all times erect and maintain barricades across the streets in such manner as to protect the public from damage or injury by reason of the removal of the building;
E. Comply with all applicable provisions of this code upon relocating the building in the city; F. Pay the expense of such police protection as may be required during the occupancy of the public property to protect the public from any damage;
G. Remove all rubbish and materials and fill all excavations to existing grade at the original building site if the site is within the city so that the premises are left in a safe and sanitary condition; and H. See that the sewer line is plugged with an approved stopper. (Prior code § 9-6.08)
12.52.090 Hearings.
A. The planning commission, at the public hearing required by Section 12.52.040 of this chapter, shall review the application, all required reports submitted pursuant to this chapter, and such evidence as may be submitted, either oral or documentary. The planning commission shall recommend to the council either the approval or disapproval of the application or may recommend the application subject to such conditions as the planning commission may prescribe.
B. When reviewing an application for other than a mobile home, the planning commission shall determine that the exterior architectural appeal and functional plan of the proposed site will be compatible with the exterior architectural appeal and functional plan of structures existing in the immediate neighborhood.
C. The planning commission, in its review of a mobile home application, shall limit its consideration to setbacks, building orientation, roof overhang, roofing material, and siding material in order to assure aesthetic compatibility with conventional standard single-family residences existing in the immediate neighborhood.
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(Supp. No. 44, Update 2)
D. The council at its public hearing shall review the application and all plans, drawings, records, and other data transmitted by the planning commission. The council may sustain, modify, or reject the recommendation of the planning commission.
(Prior code § 9-6.09)
12.52.100 Clean-up work and damages—Liability.
A. The city shall proceed to do the work necessary to leaving the original premises in a safe and sanitary condition when the permittee does not comply with the requirements of this chapter, and the cost thereof shall be charged against the permittee's deposit and/or bond.
B. The permittee shall be liable for any expense, damage, or cost in excess of deposited amounts or securities, and, if not paid, the city attorney shall prosecute an action against the permittee in a court of competent jurisdiction for the recovery of such amounts which exceed the deposit. (Prior code § 9-6.10)
12.52.110 Permit required for transporting a building through the city.
A. No person shall move a building over, along, or across any street or highway within the city without first securing a permit from the building inspector. A person seeking such a permit shall file an application therefor with the building inspector. The application shall be made in writing upon forms provided by the building inspector and shall be filed in his office. The application shall set forth:
1. Evidence of public liability and property damage insurance in the amount of two hundred thousand dollars ($200,000.00);
2. The proposed moving date and hours;
3. The proposed route over which the building will travel;
4. The indemnification insurance; and
5. Such additional information as the building inspector may require.
B. The application shall be accompanied by a permit fee in the amount set by the council by resolution. (Prior code § 9-6.11)
12.52.120 Enforcement.
A. The building inspector and the police department shall enforce and carry out the requirements of this chapter.
B. The city shall proceed to do the work necessary to leave the street in a safe and sanitary condition when the permittee does not comply with the requirements of this chapter, and the cost thereof shall be charged against the deposit and/or bond of the permittee.
(Prior code § 9-6.12)
Chapter 12.56 HOUSE TRAILERS AND MOTOR COURTS
Sections:
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(Supp. No. 44, Update 2)
12.56.010 Definitions.
For the purposes of this chapter, unless otherwise apparent from the context, certain words and phrases used in this chapter are defined as follows:
A. "Automobile house trailer" shall mean any unit used for living or sleeping purposes and which is equipped with wheels or similar devices used for the purpose of transporting the unit from one location to another by its own or other vehicle power.
B. "Motor court" shall mean any premises used, or held out for use to the public, as a place where one or more persons may rent or lease sleeping and/or eating accommodations, or accommodations for house trailers, for a transient period and shall include auto camps, auto courts, motel courts, trailer camps, and any other similar accommodation used by the traveling public, other than a duly approved hotel in the business section of the city.
(Prior code § 5-9.01)
12.56.020 Placing of automobile house trailers.
A. It shall be unlawful for any person to place, keep, or maintain any automobile house trailer on any land within the city without the express written permission of the owner of such land. No person shall allow, suffer, or permit any trailer to be placed, kept, or maintained on any land owned or controlled by him; provided, however, the occupant of any single-family dwelling may permit not more than one automobile house trailer of a non-paying guest to be placed, kept, or maintained on the premises of such dwelling for a total of not more than thirty (30) days in each calendar year by complying with all of the applicable ordinances of the city and securing a permit from the county health department.
B. Nothing in this chapter shall be deemed to prohibit the storage of an automobile house trailer on the home premises of its owner when located to the rear of the front setback line of the property, or in the case of a corner lot, when located five feet to the rear of any front setback line of any street, and not nearer than ten (10) feet from the sideline of any adjoining property, or twenty-five (25) feet from any public thoroughfare, dedicated or otherwise, in the case of a corner lot, and so long as said automobile house trailer is not used for living or sleeping purposes. Nothing, however, in this chapter shall conflict with Title 14 of this code with regard to side yard setback for any building site shown as one entire lot of record in the office of the Santa Clara County recorder prior to December 1, 1952.
C. Upon written application to the office of the building inspector, a variance from the requirements of this chapter may be given on a yearly permit basis for the storage of an unoccupied automobile house trailer at least five feet to the rear of the front or secondary setback line but closer than ten (10) feet from the side property line when the planning commission, after thorough investigation, has determined:
1. That it would involve an economic hardship to comply with the provisions of this chapter in the storage of an automobile house trailer because of existing buildings or landscaping;
2. That said variance from the provisions of this chapter will not be harmful to the surrounding neighborhood in appearance, and that it will be properly screened so as not to detract from orderly community planning and development; and
3. That there has been no substantial objection made by the surrounding and adjacent property owners within three hundred (300) feet from the property on which the variance is to be granted after posted notice that a hearing will be held upon the application for the variance from the provisions of this chapter, or by such other method of notice of hearing as the planning commission may prescribe. (Prior code § 5-9.02)
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(Supp. No. 44, Update 2)
12.56.030 Permit for motor court or trailer camp required.
No person shall operate, locate or construct any motor court or trailer camp without first having obtained a permit therefor from the building inspector.
(Prior code § 5-9.03)
12.56.040 Issuance of permit.
The building inspector shall not issue a permit under this chapter until the location of and arrangement of the proposed automobile trailer or motor court or trailer camp shall have been approved by the planning commission of the city, and until the approval of the county health department has been obtained as to sanitation and public health.
(Prior code § 5-9.04)
12.56.050 Parking of trailers on streets.
It shall be unlawful to park an automobile trailer upon any public street or alley within the city for a period of more than thirty (30) minutes during the period of 7:00 p.m. of one day to 7:00 a.m. of the following day. (Prior code § 5-9.05)
Chapter 12.60 FLOODPLAIN MANAGEMENT14
Article 1. General Provisions
12.60.010 Title.
These regulations, in combination with the flood provisions of California Code of Regulations Title 24, the California Building Standards Code (hereinafter "building codes," consisting of the Part 2 (building), Part 2.5 (residential), Part 10 (existing building), and related codes), shall be known as the Floodplain Management Regulations of the City of Los Altos (hereinafter "these regulations"). (Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.020 Statutory authority.
Legislature of the State of California has, in Government Code Sections 65302, 65560, and 65800, conferred upon local governments the authority to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry.
14Ord. No. 2021-480, § 2, adopted Sep. 14, 2021, amended Ch. 12.60 in its entirety to read as set out herein.
Former Ch. 12.60, §§ 12.60.010—12.60.230 pertained to similar subject matter and derived from Prior code §§ 10-6.101—10-6.103, 10-6.201, 10-6.301—10-6.306, 10-6.401—10-6.403, 10-6.501—10-6.508, 10-6.601, 10-6.602, Ord. No. 09-335, § 1, adopted March 24, 2009, and Ord. No. 2021-479, § 2, adopted Aug. 24, 2021.
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(Supp. No. 44, Update 2)
(Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.030 Scope.
The provisions of these regulations, in combination with the flood provisions of the building codes, shall apply to all proposed development entirely or partially in flood hazard areas established in Section 12.60.110 of these regulations.
(Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.040 Purposes and objectives.
The purposes and objectives of these regulations and the flood load and flood resistant construction requirements of the building codes are to promote the public health, safety and general welfare and to minimize public and private losses due to flood conditions in specific flood hazard areas through the establishment of comprehensive regulations for management of flood hazard areas, designed to:
A. Minimize unnecessary disruption of commerce, access and public service during times of flooding.
B. Require the use of appropriate construction practices in order to prevent or minimize future flood damage.
C. Manage the alteration of natural floodplains, stream channels and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain.
D. Manage filling, grading, dredging, mining, paving, excavation, drilling operations, storage of equipment or materials, and other development which may increase flood damage or erosion potential.
E. Prevent or regulate the construction of flood barriers which will divert floodwater or increase flood hazards.
F. Contribute to improved construction techniques in the floodplain.
G. Minimize damage to public and private facilities and utilities.
H. Help maintain a stable tax base by providing for the sound use and development of flood hazard areas.
I. Minimize the need for rescue and relief efforts associated with flooding.
J. Ensure that property owners, occupants, and potential owners are aware of property located in flood hazard areas.
K. Minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events.
L. Meet the requirements of the National Flood Insurance Program for community participation as set forth in Title 44 Code of Federal Regulations, Section 59.22. (Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.050 Coordination with California Building Standards Code.
Pursuant to the requirement established in State statute that the City of Los Altos administer and enforce the California Building Standards Code, the city council of the City of Los Altos hereby acknowledges that the building codes contain certain provisions that apply to the design and construction of buildings and structures in flood
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(Supp. No. 44, Update 2)
hazard areas. Therefore, these Regulations are intended to be administered and enforced in conjunction with the building codes.
(Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.060 Warning.
The degree of flood protection required by these regulations and the building codes is considered reasonable for regulatory purposes and is based on scientific and engineering considerations. Larger floods can and will occur.
Flood heights may be increased by man-made or natural causes. Enforcement of these Regulations and the building codes does not imply that land outside the special flood hazard areas, or that uses permitted within such flood hazard areas, will be free from flooding or flood damage. The flood hazard areas and base flood elevations contained in the Flood Insurance Study and shown on Flood Insurance Rate Maps and the requirements of Title 44 Code of Federal Regulations, Sections 59 and 60 may be revised by the Federal Emergency Management Agency, requiring this community to revise these Regulations to remain eligible for participation in the National Flood Insurance Program. No guaranty of vested use, existing use, or future use is implied or expressed by compliance with these regulations.
(Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.070 Disclaimer of liability.
These regulations shall not create liability on the part of the City of Los Altos, the city council, any officer or employee thereof, the State of California, or the Federal Emergency Management Agency, for any flood damage that results from reliance on these regulations or any administrative decision lawfully made hereunder. The floodplain administrator and any employee charged with the enforcement of these regulations, while acting for the community in good faith and without malice in the discharge of the duties required by these regulations or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act performed by that officer or employee in the lawful discharge of duties and under the provisions of these regulations shall be defended by a legal representative of the community until the final termination of the proceedings. The floodplain administrator and any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of these regulations. (Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.080 Other laws.
The provisions of these regulations shall not be deemed to nullify any provisions of local, state or federal law. (Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.090 Abrogation and greater restrictions.
These regulations supersede any ordinance in effect in flood hazard areas. However, these regulations are not intended to repeal, abrogate or impair any existing ordinances including land development regulations, subdivision regulations, zoning ordinances, stormwater management regulations, or building codes, nor any existing easements, covenants, or deed restrictions. In the event of an overlap or conflict between these
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(Supp. No. 44, Update 2)
regulations and any other ordinance, code, regulation, easement, covenant, or deed restriction, the more restrictive shall govern.
(Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021) Article 2. Applicability
12.60.100 General applicability.
These regulations, in conjunction with the building codes, provide minimum requirements for development located in flood hazard areas, including the subdivision of land; filling, grading and other site improvements; installation of utilities; installation, placement and replacement of manufactured homes; placement of recreational vehicles; installation of tanks; temporary structures and temporary or permanent storage; utility and miscellaneous Group U buildings and structures; certain building work exempt from permit under the building codes; and flood control projects.
(Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.110 Establishment of flood hazard areas.
The flood insurance study for the City of Los Altos, Santa Clara County, California and Incorporated Areas dated January 1980, and all subsequent amendments and revisions, and the accompanying flood insurance rate maps (FIRM), and all subsequent amendments and revisions to such maps, are hereby adopted by reference as a part of these Regulations and serve as the basis for establishing flood hazard areas. Where the building code establishes flood hazard areas, such areas are established by this section. Additional maps and studies, when specifically adopted, supplement the FIS and FIRMs to establish additional flood hazard areas. Maps and studies that establish flood hazard areas are on file at the Community Development Department, One North San Antonio Road, Los Altos, CA 94022.
(Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.120 Interpretation.
In the interpretation and application of these regulations, all provisions shall be:
A. Considered as minimum requirements.
B. Liberally construed in favor of the governing body.
C. Deemed neither to limit nor repeal any other powers granted under state statutes. (Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021) Article 3. Duties and Powers of The Floodplain Administrator
12.60.130 Designation.
The Community Development Director, or his or her designee, is designated the floodplain administrator.
The floodplain administrator shall have the authority to delegate performance of certain duties to other employees.
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(Supp. No. 44, Update 2)
(Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.140 General authority.
The floodplain administrator is authorized and directed to administer and enforce these regulations. the floodplain administrator shall have the authority to render interpretations of these regulations and to establish policies and procedures in order to clarify the application of its provisions. Such interpretations, policies and procedures shall be consistent with the intent and purpose of these regulations and the flood provisions of the building code and shall not have the effect of waiving specific requirements without the granting of a variance pursuant to Article 7 of these regulations. The floodplain administrator is authorized to waive the submission of site plans, construction documents, and other data that are required by these regulations but that are not required to be prepared by a qualified California (CA) Licensed Land Surveyor or Civil Engineer when it is found that the nature of the proposed development is such that the review of such submissions is not necessary to ascertain compliance with these regulations.
(Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.150 Coordination.
The floodplain administrator shall coordinate with and provide comments to the building official to administer and enforce the flood provisions of the building code and to ensure compliance with the applicable provisions of these regulations. The floodplain administrator and the building official have the authority to establish written procedures for reviewing applications and conducting inspections for buildings and for administering and documenting determinations of substantial improvement and substantial damage made pursuant to Section 12.60.170 of these regulations.
(Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.160 Duties.
The floodplain administrator, in coordination with other pertinent offices of the community, shall:
A. Review all permit applications and plans to determine whether proposed development is located in flood hazard areas.
B. Review all applications and plans for development in flood hazard areas for compliance with these regulations.
C. Review, in coordination with the building official, required design certifications and documentation of elevations specified by the building code to determine that such certifications and documentations are complete.
D. Review applications and plans for modification of any existing development in flood hazard areas for compliance with these regulations.
E. Require development in flood hazard areas to be reasonably safe from flooding and to be designed and constructed with methods, practices and materials that minimize flood damage.
F. Interpret flood hazard area boundaries and provide available flood elevation and flood hazard information.
G. Determine whether additional flood hazard data shall be obtained from other sources or developed by the applicant.
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H. Complete the appropriate section of the Department of Housing and Community Development Floodplain Ordinance Compliance Certification for Manufactured Home/Mobile home Installations when submitted by applicants.
I. Review requests submitted to the building official seeking approval to modify the strict application of the flood load and flood resistant construction requirements of the building code, to determine whether such requests require consideration as a variance pursuant to Article 7 of these regulations.
J. Coordinate with the building official and others to identify and investigate damaged buildings located in flood hazard areas and inform owners of the requirement to obtain permits for repairs.
K. Require applicants who submit hydrologic and hydraulic engineering analyses to support permit applications to submit to FEMA the data and information necessary to maintain the flood insurance rate maps when the analyses indicate changes in base flood elevations, flood hazard area boundaries, or floodway designations; such submissions shall be made within six months of such data becoming available.
L. Require applicants who propose alteration of a watercourse to notify adjacent communities and the NFIP State Coordinating Agency, and to submit copies of such notifications to the Federal Emergency Management Agency (FEMA).
M. Inspect development in accordance with Article 6 of these regulations and inspect flood hazard areas to determine when development is undertaken without issuance of permits.
N. Prepare comments and recommendations for consideration when applicants seek variances for development other than buildings in accordance with Article 7 of these regulations.
O. Cite violations in accordance with Article 8 of these regulations.
P. Notify FEMA when the corporate boundaries of the City of Los Altos have been modified and provide a map and legal description of the changes in the corporate boundaries. (Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.170 Substantial improvement and substantial damage determinations.
For applications for building permits to improve buildings and structures, including alterations, movement, enlargement, replacement, repair, additions, rehabilitations, renovations, substantial improvements, repairs of substantial damage, and any other improvement of or work on such buildings and structures, the floodplain administrator, in coordination with the building official, shall:
A. Estimate the market value, or require the applicant to obtain an appraisal of the market value prepared by a qualified independent appraiser, of the building or structure before the start of construction of the proposed work; in the case of repair, the market value of the building or structure shall be the market value before the damage occurred and before any repairs are made.
B. Compare the cost to perform the improvement, the cost to repair the damaged building to its predamaged condition, or the combined costs of improvements and repairs, when applicable, to the market value of the building or structure.
C. Determine and document whether the proposed work constitutes substantial improvement or repair of substantial damage.
D. Notify the applicant when it is determined that the work constitutes substantial improvement or repair of substantial damage and that compliance with the flood resistant construction requirements of the building code is required and notify the applicant when it is determined that work does not constitute substantial improvement or repair of substantial damage.
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(Supp. No. 44, Update 2)
(Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.180 Department records.
In addition to the requirements of the building code and these regulations, and regardless of any limitation on the period required for retention of public records, the floodplain administrator shall maintain and permanently keep and make available for public inspection all records that are necessary for the administration of these regulations and the flood provisions of the building codes, including flood insurance studies and flood insurance rate maps; documents from FEMA that amend or revise FIRMs; records of issuance of permits and denial of permits; determinations of whether proposed work constitutes substantial improvement or repair of substantial damage; required certifications and documentation specified by the building codes and these regulations; notifications to adjacent communities, FEMA, and the State related to alterations of watercourses; assurance that the flood carrying capacity of altered waterways will be maintained; documentation related to variances, including justification for issuance or denial; and records of enforcement actions taken pursuant to these regulations and the flood resistant provisions of the building codes.
(Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021) Article 4. Permits for Floodplain Development
12.60.190 Permits required.
Any person, owner or authorized agent who intends to conduct any development in a flood hazard area shall first make application to the floodplain administrator and shall obtain the required permit for floodplain development. No permit shall be issued until compliance with the requirements of these regulations and all other applicable codes and regulations has been satisfied. No building permit shall be issued based on conditional letters of map revision issued by FEMA. Depending on the nature and extent of proposed development that includes a building or structure, the floodplain administrator may determine a permit for floodplain development is required in addition to a building permit.
(Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.200 Application for permit.
The applicant shall file an application in writing on a form furnished by the floodplain administrator. The information provided shall:
A. Identify and describe the development to be covered by the permit.
B. Describe the land on which the proposed development is to be conducted by legal description, street address or similar description that will readily identify and definitely locate the site.
C. Indicate the use and occupancy for which the proposed development is intended.
D. Be accompanied by a site plan and construction documents as specified in Article 5 of these regulations, including grading, excavation and filling plans and other information deemed appropriate by the floodplain administrator.
E. State the valuation of the proposed work.
F. Be signed by the applicant or the applicant's authorized agent.
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(Supp. No. 44, Update 2)
G. Include such other data and information required by the floodplain administrator to demonstrate compliance with these Regulations.
(Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.210 Validity of permit.
The issuance of a permit for floodplain development under these regulations or the building codes shall not be construed to be a permit for, or approval of, any violation of these regulations, the building code, or any other ordinance of the community. The issuance of a permit for floodplain development based on submitted documents and information shall not prevent the floodplain administrator from requiring the correction of errors and omissions. The floodplain administrator is authorized to prevent occupancy or use of a structure or site which is in violation of these regulations.
(Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.220 Other permits required.
The applicant shall obtain all other required state and federal permits prior to initiating work authorized by these regulations and shall provide documentation of such permits to the floodplain administrator. Such permits include but are not limited to the California State Water Resources Control Board for activities that affect wetlands and alter surface water flows, in conjunction with the U.S. Army Corps of Engineers; Section 404 of the Clean Water Act.
(Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.230 Expiration.
A permit for floodplain development shall become invalid when the proposed development is not commenced within one hundred eighty (180) days after its issuance, or when the work authorized is suspended or abandoned for a period of one hundred eighty (180) days after the work commences. Extensions shall be requested in writing and justifiable cause demonstrated. The floodplain administrator is authorized to grant, in writing, one or more extensions of time, for periods not more than one hundred eighty (180) days each unless FEMA has issued notification of revision to the flood insurance rate study and flood insurance rate maps that alter the flood hazard area or floodway boundaries, flood zones, or base flood elevations, in which case the permit is invalid.
(Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.240 Suspension or revocation.
The floodplain administrator is authorized to suspend or revoke a permit for floodplain development issued under these regulations wherever the permit is issued in error or on the basis of incorrect, inaccurate or incomplete information, or in violation of these regulations or any ordinance or code of this community. (Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
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(Supp. No. 44, Update 2)
12.60.250 Appeals of decisions.
When it is alleged there is an error in any decision or determination made by the floodplain administrator in the interpretation or enforcement of these regulations, such decision or determination may be appealed to the city manager by filing a written appeal setting forth the reasons of the appeal. (Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021) Article 5. Site Plans and Construction Documents
12.60.260 Information for development in flood hazard areas.
The site plan or construction documents for any development subject to the requirements of these regulations shall be drawn to scale and shall include, as applicable to the proposed development:
A. Delineation of flood hazard areas; floodway boundaries and flood zone(s); base flood elevation(s); ground elevations; proposed filling, grading, and excavation; and drainage patterns and facilities when necessary for review of the proposed development.
B. Where base flood elevations or floodway data are not included on the FIRM or in the flood insurance study, they shall be established in accordance with Section 12.60.270 or Section 12.60.280 of these regulations.
C. Where the parcel on which the proposed development will take place will have more than fifty (50) lots or is larger than five acres and base flood elevations are not included on the FIRM or in the flood insurance study, such elevations shall be established in accordance with Section 12.60.270.B of these regulations.
D. Location of the proposed activity and proposed structures; locations of water supply, sanitary sewer, and other utilities; and locations of existing buildings and structures.
E. Location, extent, amount, and proposed final grades of any filling, grading, or excavation.
F. Where the placement of fill is proposed, the amount, type, and source of fill material; compaction specifications; a description of the intended purpose of the fill areas; and evidence that the proposed fill areas are the minimum necessary to achieve the intended purpose.
G. Existing and proposed alignment of any proposed alteration of a watercourse. (Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.270 Information in flood hazard areas without base flood elevations (approximate Zone A).
Where flood hazard areas are delineated on the FIRM and base flood elevation data have not been provided, the floodplain administrator is authorized to:
A. Require the applicant to include base flood elevation data prepared by a qualified CA Licensed Civil Engineer in accordance with currently accepted engineering practices. Such analyses shall be performed and sealed by a qualified CA Licensed Civil Engineer. Studies, analyses and computations shall be submitted in sufficient detail to allow review and approval by the floodplain administrator. The accuracy of data submitted for such determination shall be the responsibility of the applicant.
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(Supp. No. 44, Update 2)
B. Obtain, review, and provide to applicants base flood elevation and floodway data available from a federal or state agency or other source or require the applicant to obtain and use base flood elevation and floodway data available from a federal or state agency or other source.
C. Where base flood elevation and floodway data are not available from another source, where the available data are deemed by the floodplain administrator to not reasonably reflect flooding conditions, or where the available data are known to be scientifically or technically incorrect or otherwise inadequate:
1. Require the applicant to include base flood elevation data in accordance with Section
12.60.270.A of these regulations; or
2. Specify that the base flood elevation is two feet above the highest adjacent grade at the location of the development, provided there is no evidence indicating flood depths have been or may be greater than two feet.
D. Where the base flood elevation data are to be used to support a request for a letter of map change from FEMA, advise the applicant that the analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA, and that it shall be the responsibility of the applicant to satisfy the submittal requirements and pay the processing fees. (Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.280 Additional analyses and certifications.
As applicable to the location and nature of the proposed development activity, and in addition to the requirements of these Regulations, the applicant shall have the following analyses signed and sealed by a qualified CA Licensed Civil Engineer for submission with the site plan and construction documents:
A. For development activities proposed to be located in a floodway, a floodway encroachment analysis that demonstrates that the encroachment of the proposed development will not cause any increase in base flood elevations; where the applicant proposes to undertake development activities that do increase base flood elevations, the applicant shall submit such analysis to FEMA as specified in Section
12.60.290 of these regulations and shall submit the conditional letter of map revision, when issued by FEMA, with the site plan and construction documents.
B. For development activities proposed to be located in a riverine flood hazard area where base flood elevations are included in the flood insurance study or on the FIRM but floodways have not been designated, hydrologic and hydraulic analyses that demonstrate that the cumulative effect of the proposed development, when combined with all other existing and anticipated flood hazard area encroachments, will not increase the base flood elevation more than one foot at any point within the community. This requirement does not apply in isolated flood hazard areas not connected to a riverine flood hazard area or in flood hazard areas identified as Zone AO or Zone AH.
C. For alteration of a watercourse, an engineering analysis prepared in accordance with standard engineering practices that demonstrates the flood-carrying capacity of the altered or relocated portion of the watercourse will not be decreased, and certification that the altered watercourse shall be maintained in a manner which preserves the channel's flood-carrying capacity. The applicant shall submit the analysis to FEMA as specified in Section 12.60.290 of these regulations. The applicant shall notify the chief executive officer of adjacent communities and the California Department of Water Resources. The floodplain administrator shall maintain a copy of the notification in the permit records and shall submit a copy to FEMA.
(Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
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(Supp. No. 44, Update 2)
12.60.290 Submission of additional data.
When additional hydrologic, hydraulic or other engineering data, studies, and additional analyses are submitted to support an application, the applicant has the right to seek a letter of map change from FEMA to change the base flood elevations, change floodway boundaries, or change boundaries of flood hazard areas shown on FIRMs, and to submit such data to FEMA for such purposes. The analyses shall be prepared by a qualified CA Licensed Civil Engineer in a format required by FEMA. Submittal requirements and processing fees shall be the responsibility of the applicant. Provided FEMA issues a conditional letter of map revision, construction of proposed flood control projects and land preparation for development are permitted, including clearing, excavation, grading, and filling. Permits for construction of buildings shall not be issued until the applicant satisfies the FEMA requirements for issuance of a letter of map revision.
(Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021) Article 6. Inspections
12.60.300 Inspections, in general.
Development for which a permit for floodplain development is required shall be subject to inspection.
Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of these regulations or the building code. Inspections presuming to give authority to violate or cancel the provisions of these regulations or the building code or other ordinances shall not be valid. (Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.310 Inspections of development other than buildings and structures.
The floodplain administrator shall make or cause to be made, inspections of all development other than buildings and structures that is authorized by issuance of a permit for floodplain development under these regulations. The floodplain administrator shall inspect flood hazard areas from time to time to determine when development is undertaken without issuance of a permit. (Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.320 Inspections of manufactured homes installations.
The floodplain administrator shall make or cause to be made, inspections of installation and replacement of manufactured homes in flood hazard areas authorized by issuance of a permit for floodplain development under these regulations. Upon installation of a manufactured home and receipt of the elevation certification required in Section 12.60.580 of these regulations the floodplain administrator shall inspect the installation or have the installation inspected.
(Ord. No. 2021-479, § 2, 8-24-2021; Ord. No. 2021-480, § 2, 9-14-2021)
12.60.330 Buildings and structures.
The building official shall make or cause to be made, inspections for buildings and structures in flood hazard areas authorized by permit, in accordance with the building code: