1 APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION OF FINDINGS SUPPORTING AN EMERGENCY
ORDINANCE: (1) REPEALING THE OAKLAND AMENDMENTS TO
THE 2022 EDITION OF THE CALIFORNIA MODEL BUILDING
CONSTRUCTION CODES; (2) ADOPTING LOCAL AMENDMENTS TO
THE 2025 EDITION OF THE CALIFORNIA MODEL BUILDING
CONSTRUCTION CODES; (3) AMENDING OAKLAND MUNICIPAL
CODE (“O.M.C.”) CHAPTER 15.04 TO COMPLY WITH CHANGES TO STATE LAW; AND (4) ADOPTING CALIFORNIA ENVIRONMENTAL
QUALITY ACT EXEMPTION FINDINGS
WHEREAS, the State of California adopts a new edition of the California Building Standards Code every three years that goes into effect throughout the State one hundred and eighty (180) days after publication; and
WHEREAS, the California Building Standards Code is contained in Title 24 of the California Code of Regulations (“C.C.R.”), and consists of several parts that are based upon model codes with amendments made by various State agencies; and WHEREAS, the following editions of the California Building Standards Code are in the most current in publication:
• California Administrative Code, 2025 Edition, C.C.R., Title 24, Part 1; • California Building Code, 2025 Edition, C.C.R., Title 24, Part 2; • California Residential Code, 2025 Edition, C.C.R., Title 24, Part 2.5; • California Electrical Code, 2025 Edition, C.C.R., Title 24, Part 3; • California Mechanical Code, 2025 Edition, C.C.R., Title 24, Part 4; • California Plumbing Code, 2025 Edition, C.C.R., Title 24, Part 5; • California Energy Code, 2025 Edition, C.C.R., Title 24, Part 6; • California Historical Building Code, 2025 Edition, C.C.R., Title 24, Part 8;
2 • California Existing Building Standards, 2025 Edition, C.C.R., Title 24, Part 10; • California Green Building Standards Code, 2025 Edition, C.C.R., Title 24, Part 11; • California Referenced Standards, 2025 Edition, C.C.R., Title 24, Part 12; and
WHEREAS, the 2025 Edition of the California Model Building Construction Code will go into effect throughout California on January 1, 2026; and
WHEREAS, local jurisdictions are required to enforce the California Building Standards Code, but may also enact more stringent standards when reasonably necessary because of local conditions caused by climatic, seismic, geologic, or topographic conditions; and WHEREAS, California Health & Safety Code section 17958.7 provides that before making any changes or modifications to the California Building Standards Code and any other applicable provisions published by the State Building Standards Commission, the City Council must make an express finding that each such change or modification is reasonably necessary because of specified local conditions, and the findings must be filed with the State Building Standards Commission before the local changes or modifications can go into effect; and WHEREAS, Assembly Bill 130 (“AB 130”), signed by Governor Gavin Newsom on June 30, 2025, introduced significant changes to the triennial code cycle adoption and the local amendment process for residential buildings and occupancies , now requiring that any local amendments be adopted by September 30, 2025; and
WHEREAS, these changes will extend the typical three-year adoption cycle to six years, thereby maintaining the 2025 California Model Building Standards Code until January 1, 2031 and prohibit local jurisdictions from submitting non -emergency amendments to residentia l building standards during the same six -year period, unless certain exemptions apply, including that the amendments pertain to stricter compliance within Wildland-Urban Interface (WUI) areas, or the amendments are consistent with a local General plan policy and serve to incentivize building electrification so long as consistent with federal law; and WHEREAS, as a result, any proposed local amendments must be adopted by the City Council and submitted to the California Building Standards Commission no later than September 30, 2025, in accordance with the accelerated timeline established by AB 130. This deadline supersedes the previously standard January 1 submission date for the given triennial cycle; and WHEREAS, the actions contemplated in this Resolution are exempt from the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines sections 15378; 1506l(b)(3) (General Rule), 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures), and 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning); and
3 NOW, THEREFORE, BE IT:
RESOLVED: That the City of Oakland (“City”) is unique among California communities with respect to local climatic, geological, topographical, and other conditions, which demand stricter Building Code standards in some circumstances . A specific list of findings that support the City’s modifications to the 2025 California Building Standards Code and a section-by-section correlation of each modification with a specific finding are contained in Exhibit A , entitled "Standard Findings for City of Oakland Amendments," attached hereto and hereby declared to be a part of this Resolution as if set forth fully herein; and be it FURTHER RESOLVED: That pursuant to California Health & Safety Code section 17958.7, the City Council finds and determines that the local conditions described in Exhibit A constitute a general summary of the most significant local conditions giving rise to the need for modification of the 2025 California Building Standards Code provisions published by the State Building Standards Commission; and be it
FURTHER RESOLVED: That the City Council further finds and determines that the proposed modifications are reasonably necessary based upon the local conditions set forth in Exhibit A and that such modifications are required to provide specific and greater protections to the public health, safety and welfare than are afforded by the 2025 California Building Standards Code; and be it
FURTHER RESOLVED: That the City Council further finds and determines that the local amendments to the California Building Standards Code, as set forth in a separate companion ordinance adopting said amendments as the 2025 Oakland Building Construction Code, impose substantially the same non-administrative regulatory requirements as, and are thus equivalent to or more stringent than the most current California Building Standards Code requirements; and be it
FURTHER RESOLVED: That, unless otherwise required by City Charter, this Resolution shall become effective immediately along with the companion Ordinance, which was passed by emergency ordinance through six (6) affirmative votes, in compliance with City Charter section 213; and be it
FURTHER RESOLVED: The actions contemplated in this Resolution are exempt from CEQA pursuant to CEQA Guidelines sections 15378; 15061(b)(3) (General Rule), 15301 (Existing Facilities), 15303 (New Construction or Conversion of Small Structures), and 15183 (Projects Consistent with a Community Plan, General Plan, or Zoning); and be it FURTHER RESOLVED: Each of the foregoing CEQA exemptions provides a separate and independent basis for CEQA compliance and, when viewed collectively, provides an overall 4 basis for CEQA compliance; and; now, therefore, be it FURTHER RESOLVED: That the Building Official of the City is hereby directed to transmit this Resolution with the Exhibit A attached hereto, along with a copy of said separate companion ordinance, which satisfies the emergency ordinance requirement of obtaining six (6) affirmative votes and adopts local amendments to the 2025 Editions of the California Building Standards Code, to the California Building Standards Commission before September 30, 2025, pursuant to the applicable provisions of State law.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN, UNGER, WANG, AND
PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST: ____
ASHA REED
City Clerk and Clerk of the Council of
the
City of Oakland, California
BPM
EXHIBIT A
STANDARD FINDINGS FOR CITY OF OAKLAND AMENDMENTS
The City Council of the City of Oakland (“City”) finds that the following local amendments of the 2025 California Building Standards Code (explained in further detail in a separate companion emergency ordinance) are reasonable and necessary as a result of the following unique local climatic, seismic, topographic, and geologic conditions:
I. California Building Code - Chapter 5 - General Building Heights and Areas
These changes establish added requirements to address building size in the Very High Fire Hazard Severity Zone. These changes are needed and are necessary and reasonable due to the areas being physically isolated from the rest of the City and that are characterized by heavily landscaped areas, natural wilderness, and open space, which result in poor sight lines and visibility.
II. California Building Code - Chapter 6- Types Of Construction These changes establish added fire and panic design parameters for high-rise buildings by retaining passive life-safety construction elements from the 2025 edition of the California Building Code.
The purpose, scope, and application of these changes were derived from forensic inspections following major building fires in jurisdictions in California and Nevada. These changes are needed, necessary, and reasonable due to the high number of non -fire sprinklered buildings in the downtown core area, the preponderance of seismic hazard zones (liquefaction and landslide) as identified by the California Geological Survey along transportation corridors, and the proximity of the Hayward earthquake fault that reduces the ability of adjoining jurisdictions to provide timely mutual response for building conflagrations.
III. California Building Code - Chapter 7 - Fire Resistance And Fire- Rated Construction
These changes establish added fire and panic design parameters for high-rise buildings by retaining passive life-safety construction elements from the 2022 edition of the California Building Code.
The purpose, scope, and application of these changes were derived from forensic inspections following major building fires in jurisdictions in California and Nevada. These changes are needed, necessary, and reasonable due to the high number of non -sprinklered buildings in the downtown core area, the preponderance of seismic hazard zones (liquefaction and landslide) as identified by the California Geological Survey along transportation corridors, and the proximity of the Hayward earthquake fault that reduces the ability of adjoining jurisdictions to provide timely mutual response for building conflagrations.
IV. California Building Code - Chapter 12 - Interior Environment These changes establish added habitability design parameters for high-rise buildings by retaining passive ventilation construction elements from the 2025 edition of the California Building Code.
These changes are needed, necessary, and reasonable due to the moderated micro -climate and prevailing winds due to proximity to the marine estuary of the urban core area which contribute significantly to reduced comfort heating and cooling requirements for residential occupancies.
V. California Building Code - Chapter 16B - Private Driveway Access Bridges These changes clarify design loads for engineered structures in the Oakland hills. These changes are needed, necessary, and reasonable due to the inherently steep and circuitous topography, the rocky geology, and the risk of land subsidence due to poor soil quality and water saturation which dictates minimum excavation of hillsides.
VI. California Building Code - Chapter 18- Soils And Foundations These changes establish minimum prescriptive construction requirements for non -engineered foundations supporting residential occupancies. The purpose, scope, and application of these changes were derived from forensic inspections following the 1989 Loma Prieta earthquake. These changes are needed, necessary, and reasonable due to the inherently unstable in situ soil geology throughout Oakland, the high non-seasonal ground water (phreatic) surface, the preponderance of seismic hazard zones (landslide and liquefaction) as identified by the California Geological Survey, and proximity of the Hayward earthquake fault.
VII. California Building Code - Chapter 18B - Grading, Excavations, And Fills This added chapter establishes alternative requirements for grading construction in the Oakland hills and is equivalent in purpose, scope, and application to Appendix Chapter J. These changes are needed, necessary, and reasonable due to the inherently steep and circuitous topography, unstable in situ soil geology, preponderance of seismic hazard zones (landslide and liquefaction) as identified by the California Geological Survey, and proximity of the Hayward earthquake fault.
VIII. California Building Code - Chapter 19 - Concrete
These changes eliminate the use of plain (unreinforced) concrete in all occupancies. The purpose, scope, and application of these changes were derived from forensic inspections following the 1989 Loma Prieta earthquake. These changes are needed, necessary, and reasonable due to the inherently unstable in situ soil geology throughout Oakland, the high non -seasonal ground water (phreatic) surface, the preponderance of seismic hazard zones (landslide and liquefaction) as identified by the California Geological Survey, and proximity of the Hayward earthquake fault. 7 IX. California Building Code - Chapter 23 - Wood
These changes establish additional minimum prescriptive construction requirements for non engineered light wood frame construction for residential occupancies. The purpose, scope, and application of these changes were derived from forensic inspections following the 1989 Loma Prieta earthquake. These changes are needed, necessary, and reasonable due to the inherently unstable in situ soil geology throughout Oakland, the high non -seasonal ground water (phreatic) surface, the preponderance of seismic hazard zones (landslide and liquefaction) as identified by the California Geological Survey, and proximity of the Hayward earthquake fault.
X. California Building Code - Chapter 32 - Encroachments into the Public Right-of- Way These changes establish enhanced criteria for offsite drainage especially in locations located in the Very High Fire Hazard Severity Zone. These changes are needed, necessary, and reasonable due to the inherently steep and circuitous topography, the rocky geology, and the risk of land subsidence due to poor soil quality and water saturation which dictates minimum excavation bf hillsides.
XI. California Building Code - Appendix H - Signs
The proposed amendments are reasonably necessary as the previously adopted 1976 Uniform Sign Code has been relocated to within the California Building Code as an appendix.
XII. California Building Code - Appendix Q - Emergency Housing The proposed amendments are reasonably necessary because Oakland is an older, largely built- out, urbanized area with a diverse geography and topography, which results in housing affordability and availability issues and the need for Emergency Housing. The se characteristics necessitate more flexible standards to address the variety of circumstances present in the City, including the unique topography that limits housing supply and availability for people of all income levels.
XIII. California Residential Code - Chapter 3 - Building Planning These changes establish additional minimum prescriptive construction requirements for non - engineered light wood frame construction for residential occupancies. The purpose, scope, and application of these changes were derived from forensic inspections following the 1989 Loma Prieta earthquake. These changes are needed, necessary, and reasonable due to the inherently unstable in situ soil geology throughout Oakland, the high non -seasonal ground water (phreatic) surface, the preponderance of seismic hazard zones (landslide and liquefaction), as identified by the California Geological Survey, and proximity of the Hayward earthquake fault.
8 XIV. California Residential Code - Chapter 4 – Foundations
These changes establish minimum prescriptive construction requirements for non -engineered foundations supporting residential occupancies. The purpose, scope, and application of these changes were derived from forensic inspections following the 1989 Loma Prieta earthquake. These changes are needed, necessary, and reasonable due to the inherently unstable in situ soil geology throughout Oakland, the high non -seasonal ground water (phreat ic) surface, the preponderance of seismic hazard zones (landslide and liquefaction) as identified by the California Geological Survey, and proximity of the Hayward earthquake fault.
XV. California Residential Code - Chapter 5 – Floors
These changes establish minimum prescriptive construction requirements for non-engineered floors supporting residential occupancies. The purpose, scope, and application of these changes were derived from forensic inspections following the 1989 Loma Prieta earthquake. These changes are needed, necessary, and reasonable due to the inherently unstable in situ soil geology throughout Oakland, the high non -seasonal ground water (phreat ic) surface, the preponderance of seismic hazard zones (landslide and liquefaction) as identified by the California Geological Survey, and proximity of the Hayward earthquake fault.
XVI. California Residential Code - Chapter 6 - Wall Construction These changes establish additional minimum prescriptive construction requirements for non - engineered light wood frame construction for residential occupancies. The purpose, scope, and application of these changes were derived from forensic inspections fol lowing the 1989 Loma - Prieta earthquake. These changes are needed, necessary, and reasonable due to the inherently unstable in situ soil geology throughout Oakland, the high non -seasonal ground water (phreatic) surface, the preponderance of seismic hazard zones (landslide and liquefaction) as identified by the California Geological Survey, and proximity of the Hayward earthquake fault.
XVII. California Residential Code - Chapter 7 - Wall Covering These changes establish additional minimum prescriptive construction requirements for non - engineered light wood frame construction for residential occupancies. The purpose, scope, and application of these changes were derived from forensic inspections following the 1989 Loma Prieta earthquake. These changes are needed, necessary, and reasonable due to the inherently unstable in situ soil geology throughout Oakland, the high non -seasonal ground water (phreatic) surface, the preponderance of seismic hazard zones (landslide and liquefaction) as identified by the California Geological Survey, and proximity of the Hayward earthquake fault.
XVIII. California Residential Code - Appendix BG - Sound Transmission 9 These changes establish additional minimum prescriptive construction requirements for sound insulation between dwelling units and adjacent spaces. These changes are needed, necessary, and reasonable to establish a minimum quality of life for residential occupancies.
XIX. California Residential Code - Appendix CI – Swimming Pool Safety Act These changes establish additional minimum prescriptive construction requirements for swimming pools and adjacent spaces. These changes are needed, necessary, and reasonable to establish a minimum quality of life and ensure swimming pool safety for residential occupancies.
XX. California Residential Code - Appendix CJ - Emergency Housing The proposed amendments are reasonably necessary because Oakland is an older, largely built- out, urbanized area with a diverse geography and topography, which results in housing affordability and availability issues and the need for Emergency Housing. The se characteristics necessitate more flexible standards to address the variety of circumstances present in the City, made worse by the unique topography that constrains housing supply for people of all income levels.
XXI. California Electrical Code - Chapters 2 - Wiring And Protection, 3 - Wiring Methods -And Materials, 4 - Equipment For General Use, 6 - Special Equipment, 7 - Special Conditions This added section establishes supplemental regulations setting forth special requirements for ministerial electrical permits for construction in the Very High Fire Hazard Severity Zone. These changes are needed and are necessary and reasonable due to the following local conditions:
• The area is physically isolated from the rest of the City and is characterized by heavily landscaped areas, natural wilderness, and open space which have extremely dry vegetation with a high fuel load for potential wildfire conflagrations annually from May through October.
• The topography features hilly terrain with rocky geological formations and subject to land subsidence due to poor soil quality and water saturation, which dictates minimum excavation of hillsides and resulting narrow and winding streets. Emergency response time and access is adversely impacted.
• Electrical transmission facilities are necessarily above ground and subject to damage from land instability, seismic activity, and prevailing winds and resulting power failures supplying water pumping stations or natural vegetation fire hazards.
10 XXII. California Mechanical Code - Chapter 5 - Exhaust Systems These changes establish added fire design parameters for residential buildings and commercial restaurant occupancies by retaining passive life-safety construction elements from the 2022edition of the California Building Code. The purpose, scope, and application of these changes were derived from forensic inspections following structure fires in California and Oakland.
XXIII. These changes are needed, necessary, and reasonable due to the high number of non-fire sprinklered residences in Oakland, the preponderance of seismic hazard zones (liquefaction) as identified by the California.
XXIV. California Plumbing Code - Chapter 7 - Sanitary Drainage These changes establish added fire design parameters for residential buildings by retaining passive life -safety construction elements from the 20 22 edition of the California Building Code. The purpose, scope, and application of these changes were derived from forensic inspections following structure fires in California and Oakland. These changes are needed, necessary, and reasonable due to the high number of non-fire sprinklered residences in Oakland, the preponderance of seismic hazard zones (liquefaction) as identified by the California Geological Survey, and the proximity of the Hayward earthquake fault, and the inadequacy of hillside geology to adequately dissipate and absorb effluent from septic system leach fields.
XXV. California Plumbing Code - Chapter 9 - Vents
These changes establish added fire design parameters for residential buildings by retaining passive life-safety construction elements from the 2022edition of the California Building Code.
The purpose, scope, and application of these changes were derived from forensic inspections following structure fires in California and Oakland. These changes are needed, necessary, and reasonable due to the high number of non-fire sprinklered residences in Oakland, the preponderance of seismic hazard zones (liquefaction) as identified by the California Geological Survey, and the proximity of the Hayward earthquake fault, and the inadequacy of hillside geology to adequately dissipate and absorb effluent from septic system leach fields.
XXVI. California Plumbing Code - Chapter 10 -Traps And Interceptors These changes establish added fire design parameters for commercial restaurant occupancies in buildings by retaining passive life-safety construction elements from the 2022 edition of the California Building Code. The purpose, scope, and application of these changes were derived from forensic inspections following structure fires in California and Oakland. These changes are needed, necessary, and reasonable due to the high number of non-fire sprinklered residences in Oakland, the preponderance of seismic hazard zones (liquefaction) as identified by the California 11 Geological Survey, and the proximity of the Hayward earthquake fault.
XXVII. California Plumbing Code - Chapter 12 - Fuel Piping
These changes establish added fire design parameters for residential and non-residential buildings by retaining passive life-safety construction elements from the 2022 edition of the California Building Code. The purpose, scope and application of these changes were derived from forensic inspections following structure fires in California and Oakland. These changes are needed, necessary, and reasonable due to the high number of non-fire sprinklered residences in Oakland, the preponderance of seismic hazard zones (liquefaction) as identified by the California Geological Survey, and the proximity of the Hayward earthquake fault.
XX.VI. California Mechanical Code - Chapter 13 - Fuel Piping These changes establish added fire design parameters for residential and non -residential buildings by retaining passive life -safety construction elements from the 2022 edition of the California Building Code. The purpose, scope and application of these cha nges were derived from forensic inspections following structure fires in California and Oakland. These changes are needed, necessary, and reasonable due to the high number of non-fire sprinklered residences in Oakland, the preponderance of seismic hazard zones (liquefaction) as identified by the California Geological Survey, and the proximity of the Hayward earthquake fault.
XX.VU. California Existing Building Code
These changes establish clarifications and consistency of the previously cited changes and additions to the California Model Building Codes. These changes are needed, necessary, and reasonable in order to maintain consistent application of the California Model Building Codes as they relate to existing buildings.
XX.VV. California Wildland Urban Interface
This added section establishes regulations setting forth special requirements for construction in the Very High Fire Hazard Severity Zone Geological Survey, and the proximity of the Hayward earthquake fault.
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