Resolution No.
Resolution of the City Council of the City of Palo Alto Authorizing the City Manager to Execute Grant Agreements Offered to the City of Palo Alto by the California Department of Transportation for Airport Improvement Program (AIP) Matching Grant Funds to be Used for Automated Weather Observation System (AWOS), for the Palo Alto Airport; and Authorizing the City Manager or his Designee to Execute, on Behalf of the City, any Other Documents Associated with the Application and Acceptance of Grant Funds from the California Department of Transportation; and Certifying that the Airport Enterprise Fund has Sufficient Local Matching Funds to Finance One Hundred Percent (100%) of the California Department of Transportation Grant Funded Projects
R E C I T A L S
A. The City of Palo Alto (“the City”) and the Federal Aviation Administration are parties to federal Airport Improvement Program (AIP) grants 3-06-0182-23-2025 & 3-06-0182-25-2025 for Apron Reconstruction, Phase II, at Palo Alto Airport.
B. The California Department of Transportation (“DOT”), pursuant to Public Utilities Code Section 21683.1, is authorized to provide AIP matching grants of up to five percent (5%) of FAA grant amounts.
C. The DOT requires a local agency, as a condition of receiving these AIP matching grant funds, to adopt a resolution authorizing the submittal of an application and the execution of grant agreements for the acceptance of said grant funds and to certify the availability of the local matching funds for AIP grants.
D. The Council wishes to authorize the City to receive the maximum of available DOT grant funds for Apron Reconstruction, Phase II, for the Palo Alto Airport.
E. The Council has recommended that grant agreements offered to the City by DOT for the Palo Alto Airport be executed by the City Manager or his designee on behalf of the City.
F. This Council has considered the recommendation of the City Manager.
NOW, THEREFORE, the Council of the City of Palo Alto does hereby RESOLVE, as follows:
SECTION 1. Authorizes the City Manager to execute AIP Matching Grant agreements offered to the City by the California Department of Transportation to be used for Apron Reconstruction, Phase II, for Palo Alto Airport.
SECTION 2. Authorizes the City Manager or his designee to execute on behalf of the City any other documents associated with the application and acceptance of the allocation of AIP Matching grant funds from the California Department of Transportation.
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Grant Agreement
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SECTION 3. Certifies that the Airport Enterprise Fund has sufficient local matching funds to finance one hundred percent (100%) of the California Department of Transportation grant funded projects.
SECTION 4. The Council finds that the adoption of this resolution does not constitute a ‘project’ under Section 21065 of the California Public Resources Code and Sections 15378(b)(4) and 9b)(5) of the California Environmental Quality Act (CEQA) and the CEQA Guidelines, and therefore, no environmental assessment is required.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
___________________________ ___________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
___________________________ ____________________________ Chief Assistant City Attorney City Manager
____________________________
Director of Public Works
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Attachment E - RESO DOT
Grant Agreement
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Public Works
Meeting Date: December 1, 2025
Report #:2509-5205
TITLE
Approval for the City Manager or their Designee to Execute Contract No. C26195084 with SCA of CA, LLC, to Procure Services for the Sweeping of City Parking Garages, Parking Lots and an Underpass for a Period of Five Years for a Total Not to Exceed Amount of $581,852; CEQA Status – Not a Project
RECOMMENDATION
Staff recommends that the City Council approve and authorize the City Manager or their designee to execute contract no. C26195084 with SCA of CA, LLC. in the amount of $581,852 over a five-year term for scheduled sweeping services for the City’s parking garages, Cubberley Community Center parking lots, and University Avenue underpass.
BACKGROUND
The Public Works Public Services Division is responsible for the cleanliness of parking garages, parking lots, and underpasses within the City. Historically, staff has used a contractor (currently Hermes Robotics) for the sweeping services at the High/Alma North Garage, Civic Center Parking Garage, Cambridge Parking Garage, Ted Thompson Parking Garage, Sherman Parking Garage, Cubberley Community Center parking lots, and University Avenue Underpass. Sweeping service occurs weekly with the exception of Cubberley Community Center which occurs twice per month.
Since 2020, staff has witnessed a shift in the use of City parking garages. Over the last three years, the extended use of these garages has generated a greater workload for the City’s contractor, including the need for additional labor. Additionally, Parking Garage J (Cowper/Webster) has been maintained by City staff who would remove debris by hand and perform frequent spot cleanings. The increase in use of this garage now requires more thorough cleaning than can be provided with existing staff resources. Parking Garage J has low vertical clearance, which does not allow access by the City’s parking lot sweeper. In order to properly clean this garage, Parking Garage J has been included in the recommended contract (Attachment A).
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SCA of CA, LLC, is the current contractor for the City’s residential and commercial street sweeping. They have provided reliable sweeping services to the City over the past ten years and met standards for quality and responsiveness. Their personnel have demonstrated flexibility in accommodating service requests and have been effective in addressing concerns raised by City staff and residents.
ANALYSIS
The sweeping services and frequency will remain unchanged from previous years: Parking Garage Q, Civic Center Parking Garage, Cambridge Parking Garage, Ted Thompson Parking Garage, Sherman Parking Garage, and University Underpass will continue to be swept weekly and Cubberley Community Center parking lots twice per month. Parking Garage J has been added and will be swept weekly.
If the recommendation for the proposed sweeping services contract is not approved, the City may face cleanliness impacts and compliance issues with its stormwater discharge permit. The San Francisco Bay Municipal Regional Stormwater National Pollutant Discharge Elimination System (NPDES) Permit1, also known as the Municipal Regional Permit (MRP), requires the City to use an effective approach to reduce trash from entering the City’s storm water system, such as sweeping. In the absence of a contractor, the City would in-source these duties requiring additional staff and purchase of additional equipment to provide these services in-house. A comparative cost analysis would be required to pursue an alternative.
Procurement Process
On July 2, 2025, a Request for Quotations (RFQ) was posted on OpenGov for the Parking Garage, Underpass and Parking Lot Sweeping Services. Bids were received from two contractors on August 11, 2025. See Table 1, for a brief overview of the procure process. 1 Municipal regional NPDES Permit, May 1, 2022; municipal-regional-stormwater-npdes.pdf Item 13
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Table 1: Summary of Procurement Process
Bid Name/Number
RFQ # 195084 Parking Garage, Underpass and Parking
Lot Sweeping Services
Proposed Length of Contract 5 years
Where was Bid posted OpenGov
Total Days on Open Gov 40
Mandatory Pre-Bid Meeting Yes
Number of Companies attended Pre-Bid Meeting 4
Number of Bids Received 2
Number of Qualified Bids Received 2
Bid Price Range From a low of $581,853 to a high of $2,112,663 for the full 5-year term.
Staff reviewed both bids, and both were deemed responsive. Staff recommends awarding the contract to SCA of CA, LLC. Table 2 provides cost comparisons between the SCA of CA, LLC and Elite Maintenance bids over five years.
Table 2: Bids Summary
Year of Contract Elite Maintenance Inc. SCA of CA, LLC
Y1 $234,740 $105,300
Y2 $234,740 $110,565
Y3 $234,740 $116,095
Y4 $234,740 $121,898
Y5 $1,173,1701 $127,994
Total $2,112,662 $581,852
In comparison to the 2022-2025 contract with Hermes Robotics3, the annual cost of the contract has more than doubled, as the prior contract consisted of a flat annual cost of $49,500.
The increase in cost is believed to be due to the following reasons:
• Hermes Robotics did not build in annual cost increases. • Parking Garage J was added to the contract scope
• The workload associated with each location has increased
FISCAL/RESOURCE IMPACT
Funding for the first year of the contract recommended in this report is available in the Fiscal Year 2026 Adopted Operating Budget for the University Avenue Parking District Fund, California 3 Hermes Robotics Contract for Garage Sweeping Services S23183986B; paloalto.gov//files/assets/public/v/1/public-works/public-services/s23183986b-hermes-robotics.pdf Item 13
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Avenue Parking District Fund, and Public Works Department General Fund as summarized by the following table:
Table 3: Funding by Department
Dept Location Tasks 1-3 Fund
PWD University Business District: Garage Q, Civic Center Parking Garage, Parking Garage J, and University Underpass
$56,160 University Avenue
Parking District Fund
PWD California Business District: Sherman Parking Garage, Ted Thompson Parking Garage, and Cambridge Parking Garage
$42,120 California Avenue
Parking District Fund
PWD Cubberley Community Center Parking Lots $7,020 General Fund Funding for subsequent contract years will be determined through the annual budget development process and is subject to Council approval.
STAKEHOLDER ENGAGEMENT
Services provided under the recommended contract have been included in Downtown cleanliness discussions at Council Retail Committee meetings and with University and California Avenue Business District groups over the past two years.
ENVIRONMENTAL REVIEW
This contract is exempt from the provisions of the California Environmental Quality Act (CEQA) under Sections 10560 and 10561.
ATTACHMENTS
Attachment A: SCA of CA LLC, Contract C26195084
APPROVED BY:
Brad Eggleston, Director Public Works/City Engineer
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Item 13 Staff Report
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City of Palo Alto Minor Public Works Contract 1 Rev. August 20, 2025 CITY OF PALO ALTO CONTRACT NO. C26195084
MINOR PUBLIC WORKS CONTRACT
THIS CONTRACT (“Contract”) is made and entered into on the 1st day of December, 2025, by and between the City of Palo Alto, a California chartered municipal corporation (“City”), and SCA of CA, LLC, a Limited Liability Company, located at 4141 Rockside Road, Suite 100, Seven Hills, OH 44131, telephone number: (216) 393-0656, Department of Industrial Relations Registration No. 1000880302(“Contractor”). In consideration of their mutual covenants, the parties hereto agree as follows:
RECITALS
A. City has determined that this Contract is a “public works contract” as defined in Section 2.30.100 of the Palo Alto Municipal Code (“PAMC”) and in Public Contract Code section 1101 based on the required Work, as defined below.
B. City has further determined that this Contract is not subject to public bidding pursuant to Section 2.30.300 of the PAMC.
TERMS AND CONDITIONS
1. WORK. Contractor will fully perform and complete the work (“Work”) described in the Scope of Work attached as Exhibit A within the time required for full completion of the Work, as specified in Section 4, below, including all labor, materials, supplies, and equipment and all other direct or indirect costs including, but not limited to, taxes, insurance and all overhead, for the compensation specified in Section 5, below. All Work must be provided in a manner that meets or exceeds the standard of care applicable to the same type of work in Santa Clara County. Contractor must promptly correct, at Contractor’s sole expense, any Work that the City determines is deficient or defective.
Optional On-Call Provision (This provision applies only if checked and applies only to on-call (aka task-order) contracts.
Work will be authorized by City, as needed, with a Task Order assigned and approved by City’s Project Manager. Each Task Order will be in substantially the same form as the document provided as Exhibit A-1. Each Task Order will designate a City Project Manager and will contain a specific scope of work, a specific schedule of performance and a specific compensation amount. The total price of all Task Orders issued under this Contract will not exceed the amount of compensation set forth in Section 5 of this Contract.
Contractor will only be compensated for Work performed under an authorized Task Order and City may elect, but is not required, to authorize Item 13
Attachment A - SCA of CA
LLC, Contract C26195084
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City of Palo Alto Minor Public Works Contract 2 Rev. August 20, 2025 on-call Work up to the maximum compensation amount set forth in Section
5. 2. EXHIBITS. The following exhibits are attached to and made a part of this Contract:
“A” - Scope of Work
“A-1” - On-Call Task Order (Optional)
“B” - Schedule of Performance
“C” - Schedule of Fees
“D” - Insurance Requirements
“E” – Bond Forms (required if Contract Sum exceeds $25,000) CONTRACT IS NOT COMPLETE UNLESS ALL INDICATED EXHIBITS ARE ATTACHED.
3. TERM.
The term of this Contract begins on the date the Contract is fully executed by both parties through November 30, 2030, subject to Subsection O (Termination) and Subsection R (Non-Appropriation) of Section 11 (General Terms and Conditions).
OR
The term of this Agreement is from through , subject to Subsection O (Termination) and Subsection R (Non-Appropriation) of Section 11 (General Terms and Conditions).
OR
The term of this Contract ends upon the earliest of: (a) City’s final payment to Contractor for the Work, (b) City’s termination of the Contract in accordance with Subsection O (Termination) of Section 11 (General Terms and Conditions), or (c) non-appropriation under Subsection R (NonAppropriation) of Section 11 (General Terms and Conditions).
Notwithstanding the foregoing, the term of this Contract may not exceed three years from the date the Contract is fully executed.
4. SCHEDULE OF PERFORMANCE. Contractor will complete the Work in a reasonably prompt and timely manner based upon the circumstances and direction communicated by City to Contractor, and in accordance with the Schedule of Performance, attached at Exhibit B. Time is of the essence for the performance of the Work required under this Contract.
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Attachment A - SCA of CA
LLC, Contract C26195084
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City of Palo Alto Minor Public Works Contract 3 Rev. August 20, 2025 Liquidated Damages. This Contract is subject to liquidated damages, as specified in this paragraph. It is expressly understood that if the Work is not completed within the time specified in Exhibit B, City will suffer damages from the delay that are difficult to determine and accurately specify. Pursuant to Public Contract Code section 7203, if Contractor fails to fully complete the Work within the time specified in Exhibit B due to Contractor’s failure to diligently prosecute the Work, including failure to provide an adequate workforce, failure to effectively manage the work, or failure timely procure materials and equipment, City will charge Contractor $ for each calendar day that completion of the Work is delayed beyond the time required under the Contract, as liquidated damages and not as a penalty. City is entitled to deduct accrued liquidated damages from any payments otherwise due to Contractor, including retention. If there are insufficient Contract funds remaining to cover the full amount of liquidated damages assessed, City is entitled to recover the balance from Contractor or its performance bond surety. Any waiver of accrued liquidated damages, in whole or in part, is subject to approval of the City Council or its authorized delegee.
5. COMPENSATION. City will pay and Contractor agrees to accept as not-to-exceed compensation (“Contract Sum”) for the full and satisfactory performance of the Work based on the terms associated with the box checked below, and as may be further specified in Exhibit C, Schedule of Fees:
Alternative 1: Lump sum compensation of $ .
OR
Alternative 2: Time and material compensation based on the rate schedule set forth in Exhibit C, not to exceed a total maximum compensation amount of $ .
OR
Alternative 3: Unit pricing based on the unit pricing schedule set forth in Exhibit C, and subject to a not to exceed a total maximum compensation amount of Five Hundred Eighty-One Thousand Eight Hundred Fifty-Two dollars and Seventy cents ($581,852.70).
Contractor agrees that it can perform the Work for the Contract Sum set forth above. Any Work performed by Contractor for which payment would result in a total exceeding the maximum amount of the Contract Sum will be at no cost to City, except as provided for Additional Work, if checked below.
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Attachment A - SCA of CA
LLC, Contract C26195084
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City of Palo Alto Minor Public Works Contract 4 Rev. August 20, 2025 Additional Work. City has set aside the sum of dollars ($ ) for potential work which may be authorized by City in addition to the Work specified in Exhibit A, Scope of Work (“Additional Work”). Contractor will provide Additional Work pursuant only to prior written authorization from the City Project Manager. Contractor, at the City’s request, will submit a detailed written proposal including a description of the scope of Work, schedule, level of effort, and Contractor’s proposed maximum compensation for such Additional Work. Unless otherwise specified in the City’s written authorization to perform Additional Work, compensation for the Additional Work will be based on the method of compensation selected forth above. City will not authorize and Contractor will not perform any Additional Work for which payment would exceed the amount set forth in this paragraph for Additional Work. Additional Work is subject to all requirements and restrictions in this Contract.
6. PUBLIC WORKS CONTRACT REQUIREMENTS. Pursuant to the Recitals set forth above, this Contract is subject to provisions in the Public Contract Code that apply to municipal “public works contracts” in the Public Contract Code (with the exception of bidding requirements), including, but not limited to, the following:
A. Differing Site Conditions. Pursuant to Public Contract Code section 7104, the following terms apply if the Work involves digging trenches or other excavations that extend deeper than four feet below the surface. 1) Contractor will promptly, and before the following conditions are disturbed, provide written notice to City if the Contractor finds any of the following conditions:
a) Material that Contractor believes may be a hazardous waste, as defined in Section 25117 of the Health and Safety Code, that is required to be removed to a Class I, Class II, or Class III disposal site in accordance with the provisions of existing law. b) Subsurface or latent physical conditions at the site differing from those indicated by information about the site made available to Contractor before the parties executed this Contract. c) Unknown physical conditions at the site of any unusual nature, differing materially different from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract and Exhibits hereto. d) Except as otherwise provided in this subsection, and as specified under law, including Public Contract Code Section 7104, Item 13
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LLC, Contract C26195084
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City of Palo Alto Minor Public Works Contract 5 Rev. August 20, 2025 Contractor is responsible for performing the Work subject to existing site conditions, without adjustment to the Contract compensation as specified in Section 5, above, or adjustment to the Contract schedule, as specified in Section 4, above.
2) City will promptly investigate any of the above the conditions and if City finds that the conditions do materially so differ, or do involve hazardous waste, and cause a decrease or increase in Contractor’s cost of, or the time required for, performance of any part of the Work, will issue a change order to modify the Contract.
3) If a dispute arises between the City and the Contractor regarding any of the matters specified above, Contractor will not be excused from any scheduled completion date provided for in this Contract, but must proceed with all Work to be performed under the Contract. Contractor will be entitled to submit a claim with respect to any such dispute, as further specified in Section 6.C, below.
B. Retention. If the Work will be performed over a period of time exceeding 30 days, City may retain 5% of the amount due on each monthly progress payment, as retention to ensure full and complete performance of the Work, subject to the terms of Public Contract Code sections 7107 and 22300, each of which is incorporated by reference herein.
C. Claim Procedures. In addition to the provisions of Public Contract Code section 9204 and sections 20104 et seq., which are incorporated by reference herein, any claim by Contractor (“Claim”) is subject to the following requirements and procedures.
1) A Claim may only be submitted after a written request by Contractor for an increase in compensation or time to perform the Work has been rejected in writing by the City. A written and substantiated Claim, as specified below, must be received by the Project Manager no later than 21 days following City’s rejection, in whole or in part, of the Contractor’s request for additional compensation or time.
2) The Claim must be submitted by registered or certified mail with return receipt requested and clearly identified as a “Claim.” The Claim must include all of the documents necessary to substantiate the Claim including a copy of Contractor’s written request that was rejected in whole or in part, and a copy of City’s written rejection of that request. The Claim must clearly identify and describe the basis for the Claim, including references to applicable portions of the Contract or Exhibits, and a chronology of relevant events. Any Claim for additional payment must Item 13
Attachment A - SCA of CA
LLC, Contract C26195084
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City of Palo Alto Minor Public Works Contract 6 Rev. August 20, 2025 include a complete, itemized breakdown of all known or estimated labor, materials, taxes, insurance, and subcontract, or other costs. Substantiating documentation such as payroll records, receipts, invoices, or the like, must be submitted in support of each component of claimed cost. Any Claim for an extension of time or delay costs must be substantiated with a schedule analysis and narrative depicting and explaining claimed time impacts. 3) The cover letter for the Claim must provide a summary of the basis for the Claim and included the following certification, executed by Contractor’s authorized representative: “The undersigned Contractor certifies under penalty of perjury that its statements and representations in this Claim submittal are true and correct. Contractor warrants that this Claim submittal is comprehensive and complete as to the matters in dispute, and agrees that any costs, expenses, or delay not included herein are deemed waived.”
4) Contractor bears the burden of proving entitlement to and the amount of any claimed damages. Contractor is not entitled to damages calculated on a total cost basis, but must prove actual damages. Contractor is not entitled to speculative, special, or consequential damages, including home office overhead or any form of overhead not directly incurred at the Work site; lost profits; loss of productivity; lost opportunity to work on other projects; diminished bonding capacity; increased cost of financing for the Project; cost increases; extended capital costs; non-availability of labor, material or equipment due to delays; or any other indirect loss arising from the Contract. The Eichleay Formula or similar formula will not be used for any recovery under the Contract. The City will not be directly liable to any Subcontractor or supplier.
5) Notwithstanding the submission of a Claim or any other dispute between the parties related to the Work, Contractor must perform the Work and may not delay or cease Work pending resolution of a Claim or other dispute, but must continue to diligently prosecute the performance and timely completion of the Work, including the Work pertaining to the Claim or other dispute.
6) This Contract will be governed by California law and venue will be in the Superior Court of Santa Clara County, and no other place. It is expressly agreed, pursuant to Code of Civil Procedure section 1296, that in any arbitration to resolve a dispute relating to this Contract, the arbitrator’s award must be supported by law and substantial evidence. 7) Subject to the Claim requirements set forth in this Contract, a Claim will be processed as specified in the applicable provisions of Public Item 13
Attachment A - SCA of CA
LLC, Contract C26195084
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City of Palo Alto Minor Public Works Contract 7 Rev. August 20, 2025 Contract Code section 9204 and sections 20104 et seq. A Claim that fails to comply with the requirements of this Section 6.C, will be deemed waived by the Contractor.
D. Trenching of Five Feet or More. As required by Labor Code section 6705, if the Contract Sum exceeds $25,000 and the Work includes the excavation of any trench or trenches of five feet or more in depth, a detailed plan must be submitted to City for acceptance in advance of the excavation. The detailed plan must show the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation. If the plan varies from the shoring system standards, it must be prepared by a California registered civil or structural engineer. Use of a shoring, sloping, or protective system less effective than that required by the Construction Safety Orders is prohibited.
E. Utilities, Trenching and Excavation. As required by Government Code section 4215, if, during the performance of the Work, Contractor discovers utility facilities not identified by City in the Contract documents, Contractor must immediately provide written notice to City and the utility. In performing any excavations or trenching work, Contractor must comply with all applicable operator requirements in Government Code sections 4216 through 4216.5.
F. License Compliance. Contractor, at its sole expense, must obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses including, but not limited to, a California contractor’s license for classification(s) .
G. Assignment of Unfair Business Practice Claims. Pursuant to Public Contract Code section 7103.5, Contractor and its subcontractors agree to assign to City all rights, title, and interest in and to all causes of action they may have under section 4 of the Clayton Act (15 U.S.C. section 15) or under the Cartwright Act (Chapter 2 (commencing with section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to the Contract or any subcontract. This assignment will be effective at the time City tenders final payment to Contractor, without further acknowledgement by the parties.
H. Provisions Deemed Inserted. Every provision of law required to be inserted in this Contract is deemed to be inserted, and the Contract will be construed and enforced as though such provision has been included. If it is discovered that through mistake or otherwise that any required provision was not inserted, or not correctly inserted, the Contract will be deemed amended accordingly.
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City of Palo Alto Minor Public Works Contract 8 Rev. August 20, 2025
7. LABOR CODE REQUIREMENTS.
This Contract is NOT subject to California prevailing wage laws. Pursuant to Labor Code Section 1782, Contractor is not required to pay prevailing wages for (1) construction work if the Contract is $25,000 or less, or (2) for alteration, demolition, repair, or maintenance work if the Contract is $15,000 or less.
OR
This Contract IS subject to California prevailing wage laws. Pursuant to California Labor Code section 1720 et seq., this Contract is subject to the prevailing wage requirements applicable to the locality in which the Work is to be performed for each craft, classification or type of worker needed to perform the Work, including employer payments for health and welfare, pension, vacation, apprenticeship and similar purposes, and as further specified below. This Contract is subject to compliance monitoring and enforcement by the California Department of Industrial Relations (“DIR”), pursuant to Labor Code section 1771.4. This Contract is also subject to the following Labor Code requirements:
A. DIR Registration. City may not enter into the Contract with Contractor, without proof that Contractor and its subcontractors, if applicable, are registered with the DIR to perform public work pursuant to Labor Code section 1725.5.
B. Eight Hour Day. Pursuant to Labor Code section 1810, eight hours of labor constitute a legal day’s work under this Contract. Pursuant to Labor Code section 1813, Contractor will forfeit to City as a penalty, the sum of $25.00 for each day during which a worker employed by Contractor or any subcontractor is required or permitted to work more than eight hours in any one calendar day or more than 40 hours per calendar week, except if such workers are paid overtime under Labor Code section 1815.
C. Apprentices. If the Contract Sum is $30,000 or more, Contractor is responsible for compliance with the requirements governing employment and payment of apprentices, as set forth in Labor Code section 1777.5, which is fully incorporated by reference.
D. Notices. Pursuant to Labor Code section 1771.4, Contractor is required to post all job site notices prescribed by law.
E. Prevailing Wages. Each worker performing Work under this Contract that is covered under Labor Code sections 1720, 1720.3, or 1720.9, including cleanup at the project site, must be paid at a rate not less than the prevailing wage as defined in sections 1771 and 1774 of the Labor Code. The prevailing wage rates Item 13
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City of Palo Alto Minor Public Works Contract 9 Rev. August 20, 2025 are on file with the City’s Purchasing Division’s office. Contractor must post a copy of the applicable prevailing rates at the project site. Pursuant to Labor Code section 1775, Contractor and any subcontractor will forfeit to City as a penalty up to $200.00 for each calendar day, or portion thereof, for each worker paid less than the applicable prevailing wage rate. Contractor must also pay each worker the difference between the applicable prevailing wage rate and the amount actually paid to that worker.
F. Payroll Records. Contractor must comply with the provisions of Labor Code sections 1771.4, 1776, and 1812 and all implementing regulations, which are fully incorporated by this reference, including requirements for monthly electronic submission of payroll records to the DIR. Contractor and each Subcontractor must keep accurate payroll records, showing the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed in connection with the Work. Each payroll record must contain or be verified by a written declaration that it is made under penalty of perjury, stating both of the following:
1) The information contained in the payroll record is true and correct; and
2) Contractor or the subcontractor has complied with the requirements of Labor Code sections 1771, 1811, and 1815 for any Work performed by its employees pursuant to this Contract.
G. Certified Record. A certified copy of an employee’s payroll record must be made available for inspection or furnished to the employee or his or her authorized representative on request, to City, to the Division of Labor Standards Enforcement, to the Division of Apprenticeship Standards of the DIR, and as further required by the Labor Code.
(Check if the Work for this Contract is funded in whole or in part by state or federal funds.) Contractor and its subcontractors must submit certified payroll records to the Project Manager at the end of each week during performance of the Work.
H. Enforcement. Upon notice of noncompliance with the payroll record requirements of Labor Code section 1776, Contractor or its subcontractor has ten days in which to comply with the requirements of this section. If Contractor or its subcontractor fails to do so within the ten-day period, Contractor or its subcontractor will forfeit a penalty of $100.00 per day, or portion thereof, for each worker for whom compliance is required, until strict compliance is achieved. Upon request by the Division of Apprenticeship Standards, or the Division of Labor Item 13
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City of Palo Alto Minor Public Works Contract 10 Rev. August 20, 2025 Standards Enforcement, these penalties will be withheld from payments then due to Contractor.
8. INSURANCE AND BONDS.
A. Insurance. Contractor, at its sole cost, will purchase and maintain in full force during the term of this Contract, the insurance coverage described in Exhibit D. Insurance must be provided by companies with a Best’s Key Rating of A-:VII or higher and which are otherwise acceptable to City’s Risk Manager. The Risk Manager must approve deductibles and self-insured retentions. In addition, all policies, endorsements, certificates and/or binders are subject to approval by the Risk Manager as to form and content. Contractor will obtain a policy endorsement naming the City of Palo Alto as an additional insured under any general liability or automobile policy. Contractor will obtain an endorsement stating that the insurance is primary coverage and will not be canceled or materially reduced in coverage or limits until after providing 30 days prior written notice of the cancellation or modification to the Risk Manager. Contractor will provide certificates of such policies or other evidence of coverage satisfactory to the Risk Manager, together with the required endorsements and evidence of payment of premiums, to City concurrently with the execution of this Contract and will throughout the term of this Contract provide current certificates evidencing the required insurance coverages and endorsements to the Risk Manager. Contractor will include all subcontractors as insured under its policies or will obtain and provide to City separate certificates and endorsements for each subcontractor that meet all the requirements of this section. The procuring of such required policies of insurance will not operate to limit Contractor’s liability or obligation to indemnify City under this Contract.
B. Bond Requirements for Contracts over $25,000. If the maximum compensation for Work as set forth in Section 5, above, is greater than $25,000, before commencing the Work Contractor must provide a payment bond and a performance bond, each in the penal sum of not less than 100% of the maximum Contract price, and each executed by Contractor and its surety using the bond forms attached hereto as Exhibit E. Each bond must be issued and executed by a surety admitted in California.
Contractor is required to provide a payment bond and a performance bond for the Work, each based on the maximum Contract price of Five Hundred Eighty-One Thousand Eight Hundred Fifty-Two dollars and Seventy cents ($581,852.70).
OR
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City of Palo Alto Minor Public Works Contract 11 Rev. August 20, 2025 Contractor is not required to provide a payment bond or a performance bond for the Work, unless the maximum Contract price is increased to an amount over $25,000, in which case Contractor must promptly provide the required bonds before it may proceed with the Additional Work.
9. INVOICING AND PAYMENT. Each invoice for Work to City, via email, Attention:
Project Manager. The Project Manager is: Kaela Knoakes, Dept.: Public Works, telephone:
(650)496-5945, email: [email protected]. Invoices will be submitted in arrears for Work performed, but may not be submitted more frequently than monthly. Each invoice must reference the Contract number set forth on the first page of this Contract, and provide a detailed statement of Work performed during the invoice period and supporting documentation for all claimed costs, e.g., payroll records and receipts, all of which will be subject to verification by City. Pursuant to Public Contract Code section 20104.50, City will pay the undisputed amount of each properly submitted invoice within 30 days of receipt, subject to withholding of retention, if applicable, as set forth in Section
6.B, above. Contractor warrants that title to all work, materials and equipment incorporated into the Work will pass to City free of any claims, liens, or encumbrances upon payment to Contractor.
10. NOTICES. All notices, demands, or requests (including Change Order Requests and Claims) from Contractor must be address to the City at:
To City: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303
With a copy to the Purchasing Manager
To Contractor: Attention of the Project Manager at the address of Contractor recited on the first page of this Contract.
11. GENERAL TERMS AND CONDITIONS.
A. Acceptance, Amendment, Interpretation, Severability, and Assignment.
By executing this Contract, Contractor accepts and agrees to all terms and conditions of this Contract, including the exhibits incorporated by reference herein. No amendment or modification of this Contract will be binding unless it is in a writing duly authorized and signed by the parties to this Contract. This Contract and the Contract documents incorporated herein, including authorized amendments or change orders thereto, constitute the final, complete, and exclusive terms of the agreement between City and Contractor. Any variance in the exhibits does not affect the validity of the Contract and the Contract itself controls over any conflicting provisions in the exhibits. This Contract supersedes Item 13
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City of Palo Alto Minor Public Works Contract 12 Rev. August 20, 2025 all prior contracts, representations, statements, negotiations and undertakings between the parties, whether oral or written. None of the unchecked boxes apply to this Contract. If any provision of the Contract documents, or portion of a provision, is determined to be illegal, invalid, or unenforceable, the remaining provisions of the Contract documents will remain in full force and effect.
Contractor may not assign its rights or obligations under this Contract, in part or in whole, without City’s prior written consent. This Contract is binding on Contractor’s and City’s lawful heirs, successors and permitted assigns.
B. Qualifications. Contractor represents and warrants that it has the expertise and qualifications to complete the Work described in Section 1 of this Contract, and that every individual charged with the performance of the Work under this Contract has sufficient skill and experience and is duly licensed or certified, to the extent such licensing or certification is required by law, to perform the Work. City expressly relies on Contractor’s representations regarding its skills, knowledge, and certifications. Contractor will perform all work in accordance with generally accepted business practices and performance standards of the industry, including all federal, state, and local operation and safety regulations.
C. Independent Contractor. It is understood and agreed that in the performance of this Contract, Contractor and any person employed by Contractor will at all times be considered an independent Contractor and not an agent or employee of City. Contractor will be responsible for employing or engaging all persons necessary to complete the work required under this Contract.
D. Subcontractors. Contractor may not use subcontractors to perform any Work under this Contract unless Contractor obtains prior written consent of City.
Contractor will be solely responsible for directing the work of approved subcontractors and for any compensation due to subcontractors.
E. Taxes and Charges. Contractor will be responsible for payment of all taxes, fees, contributions or charges applicable to the conduct of Contractor’s business.
F. Compliance with Laws. Contractor will in the performance of the Work comply with all applicable federal, state and local laws, ordinances, regulations, and orders, including, but not limited to the following requirements of the PAMC.
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City of Palo Alto Minor Public Works Contract 13 Rev. August 20, 2025 1) Palo Alto Minimum Wage Ordinance. Contractor will comply with all requirements of the PAMC Chapter 4.62, as it may be amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two hours of work in a calendar week within the geographic boundaries of the City, Contractor will pay such employees no less than the minimum wage set forth in PAMC section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, Contractor will post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with PAMC section
4.62.060.
2) Non-Discrimination. As set forth in PAMC section 2.30.510, Contractor certifies that in the performance of this Contract, it will not discriminate in the employment of any person because of the race, skin color, gender, age, religion, disability, national origin, ancestry, sexual orientation, housing status, marital status, familial status, weight or height of such person. Contractor acknowledges that it has read and understands the provisions of Section 2.30.510 of the PAMC relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.
3) Environmentally Preferred Purchasing And Zero Waste
Requirements. Contractor will comply with City’s Environmentally Preferred Purchasing policies which are available at City’s Purchasing Division, which are incorporated by reference and may be amended from time to time. Contractor will comply with waste reduction, reuse, recycling and disposal requirements of City’s Zero Waste Program. Zero Waste best practices include first minimizing and reducing waste; second, reusing waste and third, recycling or composting waste. In particular, Contractor will comply with the following zero waste requirements:
(a) All printed materials provided by Contractor to City generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, will be double-sided and printed on a minimum of 30% or greater postconsumer content paper, unless otherwise approved by City’s Project Manager. Any submitted materials printed by a professional printing company will be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks.
(b) Goods purchased by Contractor on behalf of City will be purchased in accordance with City’s Environmental Purchasing Policy including, but not limited to, Extended Producer Responsibility Item 13
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City of Palo Alto Minor Public Works Contract 14 Rev. August 20, 2025 requirements for products and packaging. A copy of this policy is on file at the Purchasing Division’s office.
(c) Reusable/returnable pallets will be taken back by Contractor, at no additional cost to City, for reuse or recycling. Contractor will provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.
G. Damage to Public or Private Property. Contractor will, at its sole expense, repair in kind, or as the City Manager or designee will direct, any damage to public or private property that occurs in connection with Contractor’s performance of the Work. City may decline to approve and may withhold payment in whole or in part to such extent as may be necessary to protect City from loss because of defective work not remedied or other damage to the City occurring in connection with Contractor’s performance of the Work. City will submit written documentation in support of such withholding upon Contractor’s request. When the grounds described above are removed, payment will be made for amounts withheld because of them.
H. Warranties. Contractor expressly warrants that all Work provided under this Contract will be performed in a professional and workmanlike manner in accordance with generally accepted business practices and performance standards of the industry and the requirements of this Contract. Contractor expressly warrants that all materials, goods and equipment provided by Contractor under this Contract will be fit for the particular purpose intended, will be free from defects, and will conform to the requirements of this Contract.
Contractor agrees to promptly replace or correct any material or service not in compliance with these warranties, including incomplete, inaccurate, or defective material or service, at no further cost to City. The warranties set forth in this section will be in effect for a period of one year from completion of the Work and will survive the completion of the Work or termination of this Contract.
I. Monitoring of Work. City may monitor the Work performed under this Contract to determine whether Contractor’s work is completed in a satisfactory manner and complies with the provisions of this Contract.
J. City’s Property. Any reports, information, data or other material (including copyright interests) developed, collected, assembled, prepared, or caused to be prepared under this Contract will become the property of City without restriction or limitation upon their use and will not be made available to any individual or organization by Contractor or its subcontractors, if any, without the prior written approval of the City Manager.
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City of Palo Alto Minor Public Works Contract 15 Rev. August 20, 2025 K. Audits. Contractor agrees to permit City and its authorized representatives to audit, at any reasonable time during the term of this Contract and for three years from the date of final payment, Contractor’s records pertaining to matters covered by this Contract. Contractor agrees to maintain accurate books and records in accordance with generally accepted accounting principles for at least three following the terms of this Contract.
L. No Implied Waiver. No payment, partial payment, acceptance, or partial acceptance by City will operate as a waiver on the part of City of any of its rights under this Contract. A waiver by City of any breach of any term, covenant, or condition in this Contract will not be deemed a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, regardless of the character of any such breach.
M. Hold Harmless. To the fullest extent permitted by law and without limitation by the provisions of this Contract relating to insurance, Contractor will indemnify, defend and hold harmless City, its Council members, officers, employees and agents from and against any and all demands, claims, injuries, losses, or liabilities of any nature, including death or injury to any person, property damage or any other loss and including without limitation all damages, penalties, fines and judgments, associated investigation and administrative expenses and defense costs, including, but not limited to reasonable attorney’s fees, courts costs and costs of alternative dispute resolution), arising out of, or resulting in any way from or in connection with the performance of this Contract, except that Contractor will not be obligated to indemnify City for liability arising from the active or sole negligence or willful misconduct of City. The acceptance of the Work by City will not operate as a waiver of the right of indemnification. This indemnification obligation is not limited by any limitation on the amount or type of damages or compensation payable under Workers’ Compensation or other employee benefit acts, or by insurance coverage limits, and will survive the expiration or early termination of this Contract. City will notify Contractor of any third-party claim pursuant to Public Contract Code section 9201.
N. Workers’ Compensation Certification. Pursuant to Labor Code section 1861, by signing this Contract, Contractor certifies as follows: “I am aware of the provisions of Labor Code section 3700 which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Work on this Contract.” O. Termination. The City Manager may terminate this Contract without cause by giving ten days’ prior written notice thereof to Contractor. If Contractor fails to perform any of its material obligations under this Contract, in addition to all other remedies provided by law, the City Manager may terminate this Contract Item 13
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City of Palo Alto Minor Public Works Contract 16 Rev. August 20, 2025 immediately upon written notice of termination. Upon receipt of such notice of termination, Contractor will immediately discontinue performance. City will pay Contractor for Work satisfactorily performed up to the effective date of termination. If the termination is for cause, City may deduct from such payment the amount of actual damage, if any, sustained by City due to Contractor’s failure to perform its material obligations under this Contract. Upon termination, Contractor will immediately deliver to the City Manager any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by Contractor or given to Contractor, in connection with this Contract. Such materials will become the property of City.
P. Conflict of Interest. In accepting this Contract, Contractor covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of this Contract. Contractor further covenants that, in the performance of this Contract, it will not employ any person having such an interest. Contractor certifies that no City officer, employee, or authorized representative has any financial interest in the business of Contractor and that no person associated with Contractor has any interest, direct or indirect, which could conflict with the faithful performance of this Contract. Contractor agrees to advise City if any conflict arises.
Q. Governing Law. This Contract will be governed and interpreted by the laws of the State of California.
R. Non-Appropriation. This Contract is subject to the fiscal provisions of the Charter of the City of Palo Alto and the PAMC. This Contract will terminate without any penalty (1) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (2) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Contract are no longer available. This paragraph will take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Contract.
S. Authority. The individual(s) executing this Contract on behalf of the parties represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities.
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City of Palo Alto Minor Public Works Contract 17 Rev. August 20, 2025 IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Contract on the date first above written.
CITY OF PALO ALTO SCA of CA, LLC , CONTRACTOR
_____________________________ By__________________________________ City Manager or Designee
Name ______________________________
Title________________________________
Approved as to form:
___________________________
City Attorney or Designee
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City of Palo Alto Minor Public Works Contract 18 Rev. August 20, 2025
EXHIBIT A
SCOPE OF WORK
SWEEPING SERVICES OVERVIEW AND GENERAL REQUIREMENTS
The CITY’s parking garages, parking lots and underpass to be swept and cleaned are located within the University Avenue Business District, California Avenue Business District, and Cubberley Community Center. The CITY parking garages located within the University Avenue Business District include Garage Q, Lot J and Civic Center Garage; and within the California Avenue Business District include Cambridge Garage, Ted Thompson Garage and the Sherman Parking Garage. The CITY’s parking lots are at Cubberley Community Center.
University Avenue underpass is located on University Avenue, adjacent to Alma Street and the train tracks. Maps of these service locations are included in “Attachment A”.
For these sweeping services, CONTRACTOR will remove all paper, glass, leaves, dirt and other debris from garage floors, parking lots, parking stalls, driveways, driving lanes, driving aisles, walkways, stairways, pedestrian ramps, and around obstacles such as recycling area, wheel stops, bollards, EV Stations, columns, trash cans, etc. CONTRACTOR will use a parking lot sweeper, mechanical broom sweeper, blower, and broom for sweeping and cleaning. CONTRACTOR will disinfect/sanitize garage floors and/or stairwells as needed or upon request. CONTRACTOR will use an approved disinfectant/sanitizer for spraying all pedestrian ramps and walkways as needed.
The sweeping services shall be between the hours of 10:00 p.m. and 7:00 a.m., Monday through Friday. With the exception, the sweeping and cleaning at the Civic Center Parking Garage will be between the hours of 10:00 p.m. Monday and 1:30 a.m. Tuesday.
A parking lot sweeper shall be used for sweeping Parking Garage Q, Civic Center Parking Garage, Lot J, Cambridge Parking Garage, Ted Thompson Parking Garage, and Sherman Paring Garage.
A Mechanical broom sweeper shall be used for sweeping Cubberley School Parking Lots and connecting driveways. Mechanical broom sweepers shall meet or exceed current City Noise Ordinance.
CONTRACTOR will obtain or possess the necessary equipment to perform the work, such as the proper equipment to accommodate the different maximum vertical clearances for each parking garage to ensure their equipment does not damage CITY property.
CONTRACTOR shall repair or replace, at no cost to the City, all existing improvements damaged or removed as a result of its sweeping services.
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City of Palo Alto Minor Public Works Contract 19 Rev. August 20, 2025 Any additional related sweeping or cleaning services that may be required will be added as a Change Order at a negotiated price.
TASK 1 – UNIVERSITY DOWNTOWN GARAGES
PARKING GARAGE Q, 430 High Street (Task 1a):
- Sweep all garage floor areas (parking stalls, driving aisles and ramps). This garage has four parking levels.
- Sweep and clean all stairways.
- Spray disinfectant/sanitizer in parking stalls, stairwells, and walkways that have been contaminated by human biohazards.
- Service is to be performed weekly.
LOT J PARKING GARAGE, 520 Webster Street (Task 1b):
- Sweep all garage floor areas (parking stalls, driving aisles and ramps). This garage has six parking levels.
- Sweep and clean all stairways.
- Spray disinfectant/sanitizer in parking stalls, stairwells, and walkways that have been contaminated by human biohazards.
- Service is to be performed weekly.
CIVIC CENTER PARKING GARAGE, 250 Hamilton Avenue (Task 1c):
- Sweep all garage floor areas (parking stalls, driving aisles and ramps). This garage has three parking levels.
- Sweep and clean all stairways.
- Clean recycling bin storage area, recycling dumpsters and garbage dumpsters at Level A. The cleaning shall include removing and reinstalling recycling bins (excluding dumpsters), sweeping, and removing all debris.
- Spray disinfectant/sanitizer in parking stalls, stairwells, and walkways that have been contaminated by human biohazards.
- Service is to be performed weekly.
UNIVERSITY AVENUE UNDERPASS (Task 1d):
- Sweep and clean all underpass walkways.
- Sweep and clean all four (4) pedestrian ramps.
- Spray disinfectant/sanitizer on all four (4) pedestrian ramps. - Service is to be performed weekly.
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City of Palo Alto Minor Public Works Contract 20 Rev. August 20, 2025 TASK 2 – CALIFORNIA AVE DOWNTOWN GARAGES
CAMBRIDGE PARKING GARAGE, 451 Cambridge Avenue (Task 2a):
- Sweep all garage floor areas (parking stalls, driving aisles and ramps). This garage has two parking levels.
- Sweep and clean all stairways and under stairways.
- Remove all debris from planted areas.
- Spray disinfectant/sanitizer in parking stalls, stairwells, and walkways that have been contaminated by human biohazards.
- Service is to be performed weekly.
TED THOMPSON PARKING GARAGE, 275 Cambridge Avenue (Task 2b):
- Sweep all garage floor areas (parking stalls, driving aisles and ramps). This garage has two parking levels.
- Sweep and clean all stairways and under stairways.
- Sweep pigeon droppings on all garage floors (scraping may be necessary). - Remove all debris from planted areas.
- Spray disinfectant/sanitizer in parking stalls, stairwells, and walkways that have been contaminated by human biohazards.
- Service is to be performed weekly.
SHERMAN PARKING GARAGE, 350 Sherman Avenue (Task 2c):
- Sweep and clean all stairways.
- Sweep all garage floor areas (parking stalls, driving aisles and ramps). - Spray disinfectant/sanitizer in parking stalls, stairwells, and walkways that have been contaminated by human biohazards.
- Service is to be performed weekly.
TASK 3 – CUBBERELY COMMUNITY CENTER
CUBBERLEY COMMUNITY CENTER & Connecting Driveways, 4000 Middlefield Road (Task 3a):
- Sweep all parking lots (parking stalls, driving aisles and driving lanes). - Sweep all connecting driveways.
- Hand sweep/blow between islands and obstructions where mechanical sweepers cannot sweep.
- Remove, sweep and clean all excess accumulation of dirt/rock debris at the parking lots when required.
- Service is to be performed twice per month.
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City of Palo Alto Minor Public Works Contract 21 Rev. August 20, 2025 Attachment A
Map of Locations
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Lot J Parking Garage
Civic Center Parking
Garage
Parking Garage Q
University Ave Underpass
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Sherman
Parking Garage
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City of Palo Alto Minor Public Works Contract 22 Rev. August 20, 2025 EXHIBIT A-1
MINOR PUBLIC WORKS CONTRACT TASK ORDER
Contractor hereby agrees to perform the Work detailed below in accordance with all the terms and conditions of the Contract referenced in Item 1A below. All attachments referenced in Item 8 are incorporated into the Contract by this reference. The Contractor will furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.
CONTRACT NO.
ISSUE DATE
Purchase Requisition No.
1A. Master Contract Number
1B. Task Order No.
2. Contractor
3. Period Of Performance: Start: Completion:
4 Total Task Order Price: $__________________
Balance remaining in Contract $_________________
5. Budget Code: _______________
Cost Center: _________________
Cost Element______________ WBS/CIP___Phase___
6. City Project Manager’s Name/Department:
_____________________________________
7. Description of Scope Of Work
Must Include:
1. Work To Be Performed
2. Schedule Of Work
3. Basis For Payment & Fee Schedule
8. Attachments: Attachment 1: Task Order Scope of Work Attachment 2:
__________________________________
--------------------------------------------------------------------------------------------------------------------- APPROVALS:
CITY OF PALO ALTO:
On behalf of the City of Palo Alto, I hereby authorize the performance of the Work specified in this Task Order, in conformance with the requirements of the Contract.
By: ____________________________ Date: ________________________ Name: _________________________
Title: __________________________
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City of Palo Alto Minor Public Works Contract 23 Rev. August 20, 2025 , CONTRACTOR
On behalf of Contractor, I hereby acknowledge receipt and approvals and acceptance of this Task Order under the terms of the Contract, and warrant that I have authority to execute this Task Order on behalf of Contractor.
By: ____________________________ Date: _______________________ Name: _________________________
Title: __________________________
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City of Palo Alto Minor Public Works Contract 24 Rev. August 20, 2025
EXHIBIT B
SCHEDULE OF PERFORMANCE
Contractor must comply with the schedule requirements for the Work based on the Alternative checked below:
Alternative 1. Contractor will perform the Work according to the following schedule:
Commencement: After the Term of the Contract has commenced, Contractor must begin performing the Work within days after City has issued a written Notice to Proceed (“NTP”) for the Work, which may be transmitted to Contractor via email.
Completion: Contractor must fully complete the Work within days following issuance of the Notice to Proceed with the Work.
OR
Alternative 2. Contractor will perform the Work to complete each task within the time period specified below. The time to complete each task may be increased or decreased by mutual written Contract of the project managers for Contractor and City so long as all work is completed within the term of the Contract. Upon request Contractor will provide a detailed schedule of work consistent with the schedule below.
Task Approx. Square
Footage (S.F.)
Schedule Estimated
Hours per
service*
Parking Garage Q (Task 1a) 48,000 Weekly 3
Lot J Parking Garage (Task 1b) 148,000 Weekly 3
Civic Center Parking Garage (Task 1c) 230,000 Weekly 3
University Avenue Underpass (Task 1d) 22,680 Weekly 2
Cambridge Parking Garage (Task 2a) 55,080 Weekly 2
Ted Thompson Parking Garage (Task 2b) 62,940 Weekly 2
Sherman Parking Garage (Task 2c) 240,000 Weekly 3
Cubberley Community Center (Task 3a) 220,500 Twice per month 2 *City recommends Contractor have a minimum of (2) workers on site during servicing.
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City of Palo Alto Minor Public Works Contract 25 Rev. August 20, 2025
EXHIBIT C
SCHEDULE OF FEES
ALTERNATIVE 1. Lump Sum Compensation. If the box for Alternative 1, lump sum pricing, is checked in Section 5 of the Contract, Contractor’s compensation will not exceed the amount stated for Alternative 1, unless this Contract is modified by City to add to the scope of work set forth in Exhibit A.
ALTERNATIVE 2. Time and Materials Compensation. If the box for Alternative 2, time and materials pricing, is checked in Section 5 of the Contract, Contractor’s compensation will not exceed the amount stated for Alternative 2, unless this Contract is modified by City to add to the scope of work set forth in Exhibit A. Compensation will be based on the following terms, subject to substantiation of all actual costs to the City’s reasonable satisfaction:
(1) 100% of all reasonable direct labor costs
(2) 100% of all reasonable direct material costs
(3) 100% of all reasonable direct equipment costs
(4) 100% of all reasonable direct incidental costs*
(5) Markup of % on the sum of the allowable costs in items (1)-(4) * Item (4) excludes home office overhead, insurance, costs attributed to vehicles owned or leased by Contractor, salaried supervisory staff, administrative staff and any other costs that were not incurred solely for this Contract.
ALTERNATIVE 3. Unit Pricing. If the box for Alternative 3, unit pricing, is checked in Section 5 of the Contract, Contractor’s compensation will not exceed the amount stated for Alternative 3, unless this Contract is modified by City to add to the scope of work set forth in Exhibit A. Compensation will be based on the mutually agreed unit prices set forth below and based on actual quantities as determined by City. The unit prices provided are deemed to be fully inclusive of all costs to provide and install the items, including labor, materials, equipmen.t
YEAR 1
TASK QTY. UNIT DESCRIPTION UNIT PRICE TOTAL PRICE
1a 52 EA Sweeping Services for Parking
Garage Q
$270.00 $14,040.00
1b 52 EA Sweeping Services Parking Lot J $270.00 $14,040.00 1c 52 EA Sweeping Services Civic Center
Parking Garage
$270.00 $14,040.00
1d 52 EA Sweeping Services University Ave
Underpass
$270.00 $14,040.00
2a 52 EA Sweeping Services for Cambridge
Parking Garage
$270.00 $14,040.00
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City of Palo Alto Minor Public Works Contract 26 Rev. August 20, 2025 2b 52 EA Sweeping Services for Ted
Thompson Parking Garage
$270.00 $14,040.00
2c 52 EA Sweeping Services for Sherman
Parking Garage
$270.00 $14,040.00
3a 26 EA Sweeping Services for Cubberley
Community Center Parking Lots
$270.00 $7,020.00
YEAR 1 TOTAL $105,300.00
YEAR 2
TASK QTY. UNIT DESCRIPTION UNIT PRICE TOTAL PRICE
1a 52 EA Sweeping Services for Parking
Garage Q
$283.50 $14,742.00
1b 52 EA Sweeping Services Parking Lot J $283.50 $14,742.00 1c 52 EA Sweeping Services Civic Center
Parking Garage
$283.50 $14,742.00
1d 52 EA Sweeping Services University Ave
Underpass
$283.50 $14,742.00
2a 52 EA Sweeping Services for Cambridge
Parking Garage
$283.50 $14,742.00
2b 52 EA Sweeping Services for Ted
Thompson Parking Garage
$283.50 $14,742.00
2c 52 EA Sweeping Services for Sherman
Parking Garage
$283.50 $14,742.00
3a 26 EA Sweeping Services for Cubberley
Community Center Parking Lots
$283.50 $7,371.00
YEAR 2 TOTAL $110,565.00
YEAR 3
TASK QTY. UNIT DESCRIPTION UNIT PRICE TOTAL PRICE
1a 52 EA Sweeping Services for Parking
Garage Q
$297.68 $15,479.36
1b 52 EA Sweeping Services Parking Lot J $297.68 $15,479.36 1c 52 EA Sweeping Services Civic Center
Parking Garage
$297.68 $15,479.36
1d 52 EA Sweeping Services University Ave
Underpass
$297.68 $15,479.36
2a 52 EA Sweeping Services for Cambridge
Parking Garage
$297.68 $15,479.36
2b 52 EA Sweeping Services for Ted
Thompson Parking Garage
$297.68 $15,479.36
2c 52 EA Sweeping Services for Sherman
Parking Garage
$297.68 $15,479.36
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Attachment A - SCA of CA
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City of Palo Alto Minor Public Works Contract 27 Rev. August 20, 2025 3a 26 EA Sweeping Services for Cubberley
Community Center Parking Lots
$297.68 $7,739.68
YEAR 3 TOTAL $116,095.20
YEAR 4
TASK QTY. UNIT DESCRIPTION UNIT PRICE TOTAL PRICE
1a 52 EA Sweeping Services for Parking
Garage Q
$312.56 $16,253.12
1b 52 EA Sweeping Services Parking Lot J $312.56 $16,253.12 1c 52 EA Sweeping Services Civic Center
Parking Garage
$312.56 $16,253.12
1d 52 EA Sweeping Services University Ave
Underpass
$312.56 $16,253.12
2a 52 EA Sweeping Services for Cambridge
Parking Garage
$312.56 $16,253.12
2b 52 EA Sweeping Services for Ted
Thompson Parking Garage
$312.56 $16,253.12
2c 52 EA Sweeping Services for Sherman
Parking Garage
$312.56 $16,253.12
3a 26 EA Sweeping Services for Cubberley
Community Center Parking Lots
$312.56 $8,126.56
YEAR 4 TOTAL $121,898.40
YEAR 5
TASK QTY. UNIT DESCRIPTION UNIT PRICE TOTAL PRICE
1a 52 EA Sweeping Services for Parking
Garage Q
$328.19 $17,065.88
1b 52 EA Sweeping Services Parking Lot J $328.19 $17,065.88 1c 52 EA Sweeping Services Civic Center
Parking Garage
$328.19 $17,065.88
1d 52 EA Sweeping Services University Ave
Underpass
$328.19 $17,065.88
2a 52 EA Sweeping Services for Cambridge
Parking Garage
$328.19 $17,065.88
2b 52 EA Sweeping Services for Ted
Thompson Parking Garage
$328.19 $17,065.88
2c 52 EA Sweeping Services for Sherman
Parking Garage
$328.19 $17,065.88
3a 26 EA Sweeping Services for Cubberley
Community Center Parking Lots
$328.19 $8,532.94
YEAR 5 TOTAL $127,994.10
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Attachment A - SCA of CA
LLC, Contract C26195084
Item 13: Staff Report Pg. 34 Packet Pg. 483 of 828
City of Palo Alto Minor Public Works Contract 28 Rev. August 20, 2025 YEARS 1 - 5
GRAND TOTAL TOTAL PRICE
A. Year One (items 1a through 3a)
$105,300.00
B. Year Two (items 1a through 3a)
$110,565.00
C. Year Three (items 1a through 3a)
$116,095.20
D. Year Four (items 1a through 3a)
$121,898.40
E. Year Five (items 1a through 3a)
$127,994.10
Grand Total Schedule A through Schedule E)
$581,852.70
Item 13
Attachment A - SCA of CA
LLC, Contract C26195084
Item 13: Staff Report Pg. 35 Packet Pg. 484 of 828
City of Palo Alto Minor Public Works Contract 29 Rev. August 20, 2025
EXHIBIT D
INSURANCE REQUIREMENTS
Contractors to the City of Palo Alto (“City”), at their sole expense, will for the term of the contract obtain and maintain insurance in the amounts for the coverage specified below, provided by insurers with A.M. Best’s key rating of A-:VII, or higher, licensed or authorized to transact insurance business in the state of California. Award is contingent on compliance with City’s insurance requirements, as specified, below:
REQUIRED TYPE OF COVERAGE REQUIREMENT
MINIMUM LIMITS
EACH OCCURRENCE AGGREGATE
YES
YES
WORKER’S COMPENSATION EMPLOYER’S
LIABILITY
STATUTORY
STATUTORY
YES GENERAL LIABILITY, INCLUDING PERSONAL
INJURY, BROAD FORM PROPERTY DAMAGE
BLANKET CONTRACTUAL, AND FIRE LEGAL
LIABILITY
BODILY INJURY
PROPERTY DAMAGE
BODILY INJURY & PROPERTY DAMAGE
COMBINED.
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
YES AUTOMOBILE LIABILITY, INCLUDING ALL
OWNED, HIRED, NON-OWNED
BODILY INJURY
1. EACH PERSON
2. EACH OCCURRENCE
PROPERTY DAMAGE
BODILY INJURY AND PROPERTY
DAMAGE, COMBINED
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
$1,000,000
NO PROFESSIONAL LIABILITY, INCLUDING,
ERRORS AND OMISSIONS, MALPRACTICE
(WHEN APPLICABLE), AND NEGLIGENT
PERFORMANCE ALL DAMAGES $1,000,000
YES
The City of Palo Alto is to be named as an additional insured: Contractor, at its sole cost and expense, will obtain and maintain, in full force and effect throughout the entire term of any resultant Contract, the insurance coverage herein described, insuring not only Contractor and its subcontractors, if any, but also, with the exception of workers’ compensation, employer’s liability and professional insurance, naming as additional insureds City, its Council Members, officers, agents, and employees.
1. Contractor’s insurance coverage must include a contractual liability endorsement providing insurance coverage for Contractor’s contractual obligation to indemnify City.
II. Prior to commencing the Work under the Contract, Contactor must submit certificates(s) of insurance evidencing required coverage.
III. Endorsement provisions, with respect to the insurance afforded to “additional insureds” must include the following:
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City of Palo Alto Minor Public Works Contract 30 Rev. August 20, 2025
1. Primary coverage
With respect to claims arising out of the operations of the named insured, insurance as afforded by this policy is primary and is not additional to or contributing with any other insurance carried by or for the benefit of the additional insureds.
2. Cross liability
The naming of more than one person, firm, or corporation as insureds under the policy will not, for that reason alone, extinguish any rights of the insured against another, but this endorsement, and the naming of multiple insureds, will not increase the total liability of the company under this policy.
3. Notice of cancellation
1. If the policy is canceled before its expiration date for any reason other than the non-payment of premium, the issuing company will provide City at least a thirty (30) day written notice before the effective date of cancellation.
2. If the policy is canceled before its expiration date for the non-payment of premium, the issuing company will provide City at least a ten (10) day written notice before the effective date of cancellation.
IV. Notices to City will be e-mailed to: [email protected] Item 13
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City of Palo Alto Minor Public Works Contract 31 Rev. August 20, 2025
EXHIBIT E
REQUIRED CITY BOND FORMS
[Require use of the attached City payment and performance bond forms if the Contract Sum exceeds $25,000.]
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City of Palo Alto Minor Public Works Contract 32 Rev. August 20, 2025
PERFORMANCE BOND
WHEREAS, the City Council of the City of Palo Alto, State of California (“City”) and SCA of CA, LLC , (“Principal”) have entered into an agreement dated December 1, 2025, and identified as Parking Garage, Underpass and Parking Lot Sweeping Services (“Agreement”), which is hereby referred to and made a part hereof whereby Principal agrees to install and complete certain designated public improvements; and WHEREAS, Principal is required under the terms of the Agreement to furnish a surety bond for the faithful performance of the Agreement.
NOW, THEREFORE, Principal and ______________________________________, as Surety, incorporated under the Laws of the State of , and duly authorized to transact business as an admitted surety, under the laws of the State of California, are held and firmly bound unto City in the penal sum of Five Hundred Eighty-One Thousand Eight Hundred Fifty-Two dollars and Seventy cents ($581,852.70), for the payment whereof Principal and Surety bind themselves, their respective heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
The condition of this obligation is such that if the Principal, Principal’s heirs, executors, administrators, successors, or assigns will promptly and faithfully keep and perform the covenants, conditions, and provisions of the Agreement and any alteration thereof, with or without notice to the Surety, and if Principal will satisfy all claims and demands incurred under the Agreement and will fully protect, indemnify, defend, and hold harmless City, its officers, agents, and employees from all claims, demands, or liabilities which may arise by reason of Principal’s failure to do so, and will reimburse and repay City all outlay and expenses which City may incur in making good any default, then this obligation will be null and void; otherwise, it will remain in full force and effect.
As part of the obligations secured hereto, and in addition to the face amount specified above, there will be included costs and reasonable expenses and fees, including reasonable attorney’s fees incurred by City in successfully enforcing such obligations, all to be taxed as costs and included in any judgment rendered. Surety will be liable for any liquidated damages for which the Principal may be liable under its Agreement, and such liquidated damages will be part of the obligations secured hereto, and in addition to the face amount specified above.
The Surety hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this security, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the agreement or to the work or to the Item 13
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City of Palo Alto Minor Public Works Contract 33 Rev. August 20, 2025 specifications. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849. The City is the principal beneficiary of this bond and has all rights of a party hereto.
IN WITNESS WHEREOF, this instrument has been duly executed by the Surety and Principal above named on ______________, 2025.
____________________________________ Phone Number: _____________________ Name of Surety
Signature of Surety
By: Its:
Typed or Printed Name Title
Name of Contractor/Principal
Signature of Contractor/Principal
By: Its:
Typed or Printed Name Title
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City of Palo Alto Minor Public Works Contract 34 Rev. August 20, 2025
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF )
COUNTY OF )
On , before me, , a notary public in and
for said County, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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City of Palo Alto Minor Public Works Contract 35 Rev. August 20, 2025
PAYMENT BOND
WHEREAS, the City Council of the City of Palo Alto, State of California (“City”) and SCA of CA, LLC, (“Principal”), have entered into an agreement dated December 1, 2025, and identified as Parking Garage, Underpass and Parking Lot Sweeping Services (“Agreement”), which is hereby referred to and made a part here of, whereby Principal agrees to install and complete certain designated public improvements; and WHEREAS, under the terms of the Agreement, Principal is required before entering upon the performance of the work to file a good and sufficient payment surety bond with City to secure the claims to which reference is made in Titles 1 and 3 (commencing with Section 8000) of Part 6 of Division 4 of the Civil Code of the State of California.
NOW, THEREFORE, Principal and _______________________________________, as Surety, incorporated under the laws of the State of ___________________________, and duly authorized to transact business as an admitted surety, under the laws of the State of California, are held and firmly bound unto City in the penal sum of Five Hundred Eighty-One Thousand Eight Hundred Fifty-Two dollars and Seventy cents ($581,852.70), this amount being not less than one hundred percent of the total amount payable by the terms of the Agreement per Civil Code section 9554, for the payment whereof Principal and Surety bind themselves, their respective heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.
The condition of this obligation is such that if Principal, Principal’s subcontractors, heirs, executors, administrators, successors, or assigns shall fail to pay any of the persons, companies, or corporations, referred to in section 9100 of the California Civil Code, as amended, with respect to any work of labor performed or materials supplied by any such persons, companies, or corporations, which work, labor, or materials are covered by the Agreement and any amendments, changes, change order, additions, alterations, or modifications thereof, or any amounts due under the California Unemployment Insurance Code with respect to such work or labor, or for any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Principal and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, as amended, with respect to such work and labor, the Surety will pay for the same, as specified in Civil Code section 9554, in an amount not exceeding the sum herein above specified, and also, in case suit is brought upon this bond, the Surety will pay reasonable attorney’s fees in an amount to be fixed by the court.
It is hereby expressly stipulated and agreed that this surety bond shall inure to the benefit of any and all persons, companies, and corporations entitled named in Section Item 13
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City of Palo Alto Minor Public Works Contract 36 Rev. August 20, 2025 9100 of the California Civil Code, as amended, so as to give a right of action to them or their assigns in any suit brought upon this surety bond.
The Surety agrees that no amendment, change, change order, addition, alteration, or modification to the terms of the agreement of the work to be performed thereunder or the specifications accompanying the same, shall in any way affect its obligations on this surety bond, provided the City waives the requirement for a new bond, and Surety does hereby waive notice of any such amendment, change, change order, addition, alteration, or modification to the terms of the agreement or to the work performed thereunder or to the specifications accompanying the same. Surety hereby waives the provisions of California Civil Code Sections 2845 and 2849.
IN WITNESS WHEREOF, this instrument has been duly executed by the Surety and Principal above named on ______________, 2025.
____________________________________ Phone Number: _____________________ Name of Surety
Signature of Surety
By: Its:
Typed or Printed Name Title
Name of Contractor/Principal
Signature of Contractor/Principal
By: Its:
Typed or Printed Name Title
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Attachment A - SCA of CA
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City of Palo Alto Minor Public Works Contract 37 Rev. August 20, 2025
CERTIFICATE OF ACKNOWLEDGMENT
(Civil Code § 1189)
STATE OF )
COUNTY OF )
On , before me, , a notary public in and
for said County, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.
I certify under penalty of perjury under the laws of the State of California that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
(Seal)
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document.
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Attachment A - SCA of CA
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Item 13: Staff Report Pg. 44 Packet Pg. 493 of 828
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Police
Meeting Date: December 1, 2025
Report #:2510-5383
TITLE
FIRST READING: Adoption of an ordinance to Amend Chapters 4.54 and 4.56 of the Palo Alto Municipal Code to Amend the Regulation of Massage Establishments and Hot Tub/Sauna Establishments as Recommended by the Policy & Services Committee; and Adoption of a Resolution to Amend the Administrative Penalty Schedule to Amend Related Penalties; CEQA status - not a project.
RECOMMENDATION
The Policy and Services Committee and staff recommend the City Council adopt an ordinance (Attachment A) amending the Palo Alto Municipal Code Chapter 4.54 on massage establishments and Chapter 4.56 on hot tub/sauna establishments, as unanimously recommended by the Policy and Services Committee on October 29, 2025. Staff also recommend adoption of a resolution amending the Municipal Penalty Schedule (Attachment B) to conform existing penalties to new code numbering and delete penalties for sections no longer used.
EXECUTIVE SUMMARY
The proposed ordinance updates the Palo Alto Municipal Code to regulate massage and massage therapists in Palo Alto as well as hot tub/sauna businesses. For massage businesses and therapists, the codes provide clear standards to ensure massage therapy businesses are run safely and legally by setting basic rules for their buildings, cleanliness, and staff qualifications, while also deterring illegal activities like human trafficking, wage theft, and prostitution. This update allows only massage therapists certified by the state-sanctioned non-profit California Massage Therapy Council (CAMTC) to conduct massage in the City. The new framework also offers City enforcement staff a broader mandate, increased options for enforcement, and clearer parameters for action. For Hot Tub/Sauna establishments, the proposed code directs the business operator to comply with Santa Clara County Department of Environmental Health requirements so the City can delete redundant codes.
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BACKGROUND
Palo Alto’s regulation of massage and hot tub/sauna businesses has evolved over the years. For massage businesses, it began formally in the early 1970s when the city enacted PAMC 4.54 to regulate massage businesses, in response to concerns about health and public safety. Codes were amended in 1997 to allow home-based massage businesses1.
In 2008, California passed Senate Bill 731 (SB 731), which changed how massage therapy is regulated in the state. This law created the California Massage Therapy Council (CAMTC), a state-sanctioned nonprofit organization that certifies massage therapists across California.
Before this law, each city had its own rules, which created confusion. SB 731 replaced this inconsistent system with statewide standards, making it easier to regulate massage schools and conduct background checks on therapists. This improved both professional standards and public safety but caused some tension between state and local control.
In 2011, the state passed another law (AB 619) that gave some control over massage business licensing back to cities. The City responded by updating its Municipal Code in 2012, which remains the current regulation for massage businesses2.
California AB 1504, authored by Assemblymember Marc Berman and signed into law in October 2025, and extends the CAMTC's authority until 2030 while implementing reforms including salary caps for staff, modernized criminal conviction standards aligned with fair chance licensing, and enhanced public transparency requirements. The law also restructures the council's governance, relaxes certain practice restrictions like healthcare referral requirements, and removes specific attire prohibitions while maintaining general professional standards3.
About CAMTC
CAMTC is a state-regulated nonprofit public benefit corporation with a 501(c)(3) tax exempt status that sets and regulates professional standards in the California massage industry, protecting the public and legitimizing the valued benefits of massage. The organization is run by a volunteer Board of Directors made up of 13 members from different backgrounds.
California law specifies how board members are selected: Four members represent local governments, including law enforcement and public health agencies; two members represent massage schools; one member represents an anti-human trafficking organization; and one member is appointed by the Director of the Department of Consumer Affairs. Two board 1 City Council, June 10, 1997 Report #273-97
https://portal.laserfiche.com/Portal/DocView.aspx?id=60793&repo=r704298fc&searchid=a23b43a1-b630-493e87c1-21a2f6be1f37 2 City Council, September 4, 2012, Second reading Full Report #2988 in first reading on 7/23/12 https://www.paloalto.gov/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reportscmrs/year-archive/2012/id-2988-original.pdf 3 California Assembly Bill 1504, 2025-2026 Regular Session (Cal. 2025) https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=202520260AB1504 Item 14
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positions are reserved for actual massage therapists. The American Massage Therapy Association California Chapter appoints one certified therapist who has at least three years of experience. Another therapist is chosen from any professional massage organization that has at least 1,000 members in California, was established since 2000, and requires members to follow a code of ethics. That seat rotates among the professional organizations every four years.
In Palo Alto, staff has identified 19 existing massage establishments that will need to obtain annual establishment permits under the new code. Of the 150 massage professionals in Palo Alto, every massage therapist is already CAMTC certified or is working on obtaining certification. Staff has identified one Hot Tub/Sauna business.
Policy and Services Committee Recommendation
At its October 29, 2025, meeting, the Policy and Services Committee unanimously recommended that the City Council adopt the Ordinance (Attachment A). Since then, the ordinance attached has been updated for clarity as follows: (1) the insurance requirements are now clearly stated in the ordinance instead of referring to separate regulations; and (2) there is now a clear deadline (14 days) for filing an amendment to an existing permit when a change occurs.
ANALYSIS
This discussion will address massage businesses and then hot tub/saunas. Since the last time Palo Alto updated the PAMC related to massage businesses in 2012, several more state assembly bills have been passed. The proposed ordinance would align Palo Alto with current state law, the CAMTC standards, and updated regulatory practices, fostering a safe and healthy environment for the massage business community, service providers, and the customer.
Similar to the current code, the proposed code requires massage establishments and practitioners to meet certain minimum standards, including building, sanitation, and operational requirements. Massage establishments will have a local permit to operate, with provisions for annual permit renewals, application procedures, and associated fees. Like current code, the proposed code requires permits to be displayed where they are easily visible and allows city officials to inspect establishments to ensure compliance. Both existing and proposed codes provide a process for denying, suspending, or revoking permits if applicants or permit holders are found to have violated certain rules or laws. There is also an appeal process for those who have been denied a permit or had one revoked.
Additionally, both the new and proposed laws exempt certain professionals, such as physicians, nurses, physical therapists, and people who are certified by the California Massage Therapy Council (CAMTC), meaning those individuals do not need to obtain additional local permits.
Both the existing and proposed codes have detailed definitions to clarify the terms used throughout the law, and they require compliance with other relevant city and state codes, such Item 14
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as building and health regulations. Overall, the main similarities lie in their goals of ensuring only qualified people can operate or work in massage establishments, maintaining high health and safety standards, and providing clear procedures for permitting, enforcement, and appeals for both businesses and their practitioners.
Despite many similarities with the existing code, the proposed code introduces several major changes. One of the biggest differences is the strong reliance on California’s statewide certification system for individual professionals. Under the new code, only CAMTC-certified professionals can legally provide massage services for compensation, eliminating the City’s existing system of issuing separate permits to individual massage technicians and trainees who do not want to be state-certified. This will shift credentialing and background checks of individual therapists to the non-profit, whereas the existing code required the police chief, or designee, to review the education, background, and criminal history for each applicant.
Another difference is that the proposed code adds more clarity for massage operators about the permitting process. The proposed code details exactly what information is required for business permits and includes more requirements for transparency, such as proof of lease or property owner acknowledgment and documentation of compliance with wage and hour laws.
The proposed code also expands operational requirements, like stricter rules on business hours (10 p.m. to 8 a.m. overnight closure, compared to 11 p.m. to 9 a.m. in the existing code), customer privacy, and hygiene, and prohibits certain items like beds. There are also more specific rules for facility layout, signage, and clothing requirements, and mandatory posting of human trafficking notices.
Additionally, the proposed code sets out more comprehensive grounds and procedures for permit suspension or revocation, including violations of labor laws and advertising regulations.
It also gives the City the power to impose a five-year moratorium on massage businesses at locations where a permit was revoked, temporarily impacting a property owner’s ability to lease space to other massage businesses. Finally, the proposed code adds administrative penalties and citations as enforcement tools and more clearly separates mobile and homebased businesses from fixed establishments. These changes will increase the responsibility of property and business owners to comply with regulations, thereby enhancing worker protection, public safety, and business integrity. The amended administrative penalty schedule (Attachment B) also updates the numbering of existing penalties to match updated code sections, as well as deletes penalties related to saunas that will no longer be in use.
Staff would like to express appreciation to the Santa Clara County Human Trafficking Task Force, CAMTC staff, and City of Sunnyvale personnel for their valuable input and collaboration in developing these amendments to the massage ordinance. Their expertise and support were instrumental in shaping these changes.
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For hot tub/sauna code sections, much of the code is deleted and the licensing requirement is changed from City issuance to a requirement it be licensed by Santa Clara County Department of Environmental Health, which already licenses such businesses for compliance with County environmental health standards.
FISCAL/RESOURCE IMPACT
The work to create this proposal has been done by City staff with no-cost support by the previously mentioned organizations. The adoption of the proposed ordinance would not significantly impact existing workload of staff. Department revenue and expenses are not expected to change. Updated fees related to permitting will be updated in the FY 2027 budget cycle if they are required.
STAKEHOLDER ENGAGEMENT
As massage establishments and massage therapist applicants have contacted code enforcement over the last year, staff has notified them that the City is exploring significant updates regarding regulation and permitting processes for massage establishments. Staff also hosted a meeting in mid-November to which representatives from all current massage establishments in Palo Alto were invited, where staff discussed the proposed changes, answered questions, and heard feedback.
ENVIRONMENTAL REVIEW
Council action on this item is exempt from review under the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3), as it can be seen with certainty that the activity will not have a significant effect on the environment.
ATTACHMENTS
Attachment A: Ordinance Amending PAMC Chapters 4.54 and 4.56 to update regulation of massage practitioners, businesses, hot tub/sauna businesses Attachment B: Resolution Amending the Administrative Penalty Schedule to adjust the numbering of some penalties and delete penalties for sections no longer in use APPROVED BY:
Andrew Binder, Police Chief
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NOT YET APPROVED
1 147_202511117_ts24
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Chapter 4.54 (“Massage Establishments”) and Chapter 4.56 (Hot Tub/Sauna Establishments) of Title 4 (Business Licenses and Regulations).
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. Massage establishments are primarily regulated in the Palo Alto Municipal Code at PAMC Chapter 4.54. The last major update to this chapter was in 2012. Chapter 4.54 is currently enforced primarily by the Palo Alto Police Department.
B. Massage is also regulated in state law under the Massage Therapy Act, codified in the Business and Professions Code section 4600 et seq. The State Legislature enacted the Act in 2008. The Act was substantially amended in 2014 under AB 1147, and has been amended again in 2025 under AB 1504.
C. Through this ordinance, the City desires to amend Chapter 4.54 in order to respond to the changes to the Act and codify existing practices. Foremost, this ordinance will result in the City no longer licensing individual massage technicians; instead, technicians must be certified by the California Massage Therapy Council (“CAMTC”). The CAMTC is the staterecognized body in charge of such certification and enacts statewide standards for training and certification. The CAMTC also approves massage schools in an effort to uphold training standards and prevent bad actors from opening degree mills. This update also ensures that local regulations stay current with industry standards and public health requirements, enhancing safety and professionalism. These updates also help address new trends, prevent illicit activities, and clarify licensing procedures for businesses.
D. This ordinance also amends Chapter 4.56 (Hot Tub/Sauna Establishments) to remove existing permitting requirements. These establishments are already regulated by the County’s Department of Environmental Health.
Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
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NOT YET APPROVED
2 147_202511117_ts24
SECTION 2. Chapter 4.54 (Massage Establishments) of the Palo Alto Municipal Code is hereby amended and restated in its entirety to read as follows:
4.54.010 Purpose and intent.
In enacting this chapter, the City Council recognizes that massage therapy is a professional pursuit which can offer the public valuable health and therapeutic services, but that unless properly regulated, the practice of massage therapy and the operation of massage businesses may be associated with unlawful activity and pose a threat to the quality of life in the local community. It is the purpose and intent of this chapter to provide for the orderly regulation of offices and establishments providing massage therapy services, and to prevent and discourage the misuse of massage therapy as a front for human trafficking, prostitution, and related activities in violation of state law, all in the interests of the public health, safety, and welfare, by providing certain minimum building, sanitation, and operation standards for such businesses, and by requiring certain minimum qualifications for the operators and practitioners of such businesses.
It is the further intent of this chapter to streamline local massage therapy permitting procedures, while still facilitating and advancing the ethical practice of massage therapy, by relying upon the uniform statewide regulations enacted by the Legislature in 2008 as Business and Professions Code Sections 4600 et seq., known as the Massage Therapy Act, as subsequently amended, and by restricting the commercial practice of massage in the city to those persons duly certified to practice by the California Massage Therapy Council formed pursuant to those statutes.
4.54.020 Definitions.
For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms, and phrases set forth in this section shall have the meanings that are given them in this section:
"Authorized massage professional" means a massage professional who is identified in a permit issued pursuant to this chapter as a person employed or retained by a massage establishment to practice massage.
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"California massage therapy council" or "CAMTC" means the massage therapy organization formed pursuant to Business and Professions Code Section 4600 et seq. "CAMTC-certified massage professional" means any individual currently certified by the California Massage Therapy Council as a massage therapist or massage practitioner pursuant to Business and Professions Code Section 4600 et seq.
"Compensation" means the payment, loan, advance, donation, contribution, deposit, exchange, or gift of money or anything of value.
"Department" means the Chief of the Palo Alto Police Department or designee charged with the administration of this chapter.
"Inspector" means the person or persons designated by the city to conduct any inspections required or permitted under this chapter.
"Massage," "massage therapy," and/or "bodywork" for purposes of this chapter mean the skillful application of touch, including but not limited to, pressure, stroking, kneading, compression on or movement of the external surfaces of the body by a practitioner to produce increased awareness, relaxation, pain relief, injury rehabilitation, or neuromuscular reeducation.
"Massage establishment" means any business that offers massage therapy, baths or health treatments including, but not limited to, aromatherapy, vapor, shower, electric tub, sponge, hot towels, mineral fermentation, sauna, steam or any other type of bath, involving massages or baths in exchange for compensation. Home-based massage businesses and businesses that provide mobile massage services are also considered to be massage establishments. For purposes of this chapter, the term "massage establishment" may be applied to include establishments which offer or advertise themselves as providing "relaxation" or "tanning" Item 14
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where the essential nature of the interaction between the employee and the customer involves "massage" as defined herein. The terms, names or phrases listed on business license or fictitious name application forms are not necessarily conclusive as to the nature of the business. "Owner" or "massage establishment owner" means any of the following persons:
(1) The sole proprietor of a sole proprietorship operating a massage establishment. (2) Any general partner of a general or limited partnership that owns a massage establishment.
(3) Any person who has a ten percent or greater ownership interest in a corporation that owns a massage establishment.
(4) Any person who is a member of a limited liability company that owns a massage establishment.
(5) All owners of any other type of business association that owns a massage establishment. "Operator" or "massage establishment operator" means any person who is an owner or manager of a massage establishment.
"Mobile massage service" means the engaging in or carrying on of massage therapy for compensation at locations other than a massage establishment at a fixed location. "Patron" means an individual on the premises of a massage establishment for the purpose of receiving massage therapy.
"Person" means any individual, firm, association, partnership, corporation, joint venture, limited liability company, or combination of individuals. "Reception and waiting area" means an area immediately inside the main entry door of the massage establishment dedicated to the reception and waiting of patrons or visitors of the massage establishment and which is not a massage therapy room or otherwise used for the provision of massage therapy services.
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“School of massage” means any school or institution of learning that is recognized as an approved school pursuant to Business and Professions Code Division 2, Chapter 10.5 (known as the Massage Therapy Act), as may be amended.
"Sole proprietorship" means a massage establishment where the owner owns one hundred percent of the business and has one or no other employees or independent contractors. "Visitor" means any individual not retained or employed by the massage establishment and not receiving or waiting to receive massage therapy services, but excluding law enforcement personnel or governmental officials performing governmental business.
4.54.030 Business registration required.
The requirements of this chapter are in addition to any business registration and business tax requirements imposed pursuant to PAMC Chapters 4.60 and 2.37, respectively of this code.
4.54.040 Other permits and authorizations required.
The requirements of this chapter are in addition to any permits or authorizations that may be required under other applicable laws including but not limited to the city's building, fire, zoning, and health regulations.
4.54.050 Exemptions.
This chapter shall not apply to the following classes of individuals while engaged in the performance of the duties of their respective professions:
(a) Physicians, surgeons, chiropractors, osteopaths, podiatrists, physical therapists, nurses, acupuncturists or any other person licensed to practice any healing art under the provisions of Division 2 (commencing with Section 500) of the Business and Professions Code when engaging in such practice within the scope of his or her license. This subsection (a) shall apply only to a person who meets the qualifications above and shall Item 14
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not extend to any other person, including by virtue of being a tenant, independent contractor, employee, or co-worker of the exempted person. (b) Trainers of any amateur, semi-professional, or professional athlete or athletic team, so long as such persons do not practice massage therapy as their primary occupation at any location where they provide such services in the city. (c) Barbers, estheticians, and cosmetologists who are duly licensed under the laws of the State of California, while engaging in practices within the scope of their licenses. This subsection (c) shall apply only to a person who meets the qualifications above and shall not extend to any other person, including by virtue of being a tenant, independent contractor, employee, or co-worker of the exempted person. (d) Individuals administering massages or health treatments involving massage to persons participating in single occurrence athletic, recreational, or educational events such as road races, track meets, triathlons, educational events, or conferences, provided that the event is open to the public or to a significant segment of the public such as employees of sponsoring or participating corporations, and the massage services are provided at the site of the event during, immediately preceding, or immediately following the event.
(e) Individuals administering massages or health treatments involving massage to persons at a state-licensed “general acute care hospital” or other “health facilities” as defined by California Health and Safety Code section 1250 when employed or contracted at the direction of the hospital or health facility.
(f) Somatic practitioners who use no physical touch of any kind at any time in their practice.
(g) Enrolled students of a school of massage when they are performing massage within the city as part of a formal supervised internship or training program operated by the school, without compensation other than school credit, on the premises of a massage establishment duly authorized to operate pursuant to the terms of this chapter; and provided that the operator of the massage establishment has first notified the Item 14
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Department in writing of the name, residence address, and school of the students and the dates of the trainings.
4.54.060 CAMTC certification required.
It is unlawful for any individual to practice massage therapy for compensation within the city unless that individual is a CAMTC-certified massage professional.
4.54.070 Reserved.
4.54.080 Massage establishment permit required—Prohibited conduct. (a) It is unlawful for any person to operate a massage establishment within the city without first obtaining a massage establishment permit from the Department. (b) It is unlawful for a massage establishment operator to employ or retain any person to practice massage therapy for compensation, or to allow any person to perform massage therapy for compensation on the premises of a massage establishment, unless that person is a CAMTC-certified massage professional and unless that person is identified as an authorized massage professional on the permit issued pursuant to this chapter. For purposes of this chapter, a massage establishment operator "employs or retains" a person to practice massage therapy for compensation when:
(1) That person is a directly paid employee of the massage establishment; or (2) That person's association with a massage establishment is that of an independent contractor who receives compensation for massage therapy provided to patrons of the massage establishment; or
(3) That person receives a referral of patrons from the massage establishment and, at any time before or after the referral, arranges in any way for compensation to flow to the massage establishment operator.
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hot tubsauna businesses
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(c) It is unlawful for a massage establishment to operate under any name or conduct business under any designation not specified in the massage establishment permit issued pursuant to this chapter.
(d) It is unlawful for a massage establishment to continue to operate following the sale or transfer of any interest in the massage establishment to a person who was not identified as an owner in the massage establishment permit application.
4.54.090 Permit application.
The owners of the massage establishment shall file an application for a permit on a form provided by the Department. The application shall be accompanied by the fee established by the city's fee schedule. The application shall include the following information:
(a) The name, address, and telephone number of the massage establishment. (b) The name, residence address and telephone number, and business address and telephone number of each owner of the massage establishment. (c) The form of business under which the applicant will be conducting the massage `establishment, i.e., corporation, general or limited partnership, limited liability company, or other form. If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each shareholder holding more than ten percent of the stock of the corporation. If the applicant is a general or limited partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply. If the applicant is a limited liability company, the application shall set forth the name and residence address of each of the members. If one or more of the members is a partnership, limited liability company, or corporation, the provisions of this section pertaining to a partnership, limited liability company, or corporate applicant shall apply, as applicable.
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hot tubsauna businesses
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(d) The name, address, and telephone number of the owner of the real property upon, in, or from which the certified massage establishment is to be operated. In the event the applicant is not the legal owner of the property, the application shall be accompanied by a copy of any written lease between the applicant and the property owner authorizing use of the premises for a massage establishment, or, alternatively, if there is no written lease, then a written, notarized acknowledgment from the property owner that the property owner has been advised that a massage establishment will be operated by the applicant upon, in, or from the property owner's property. (e) If the massage establishment will be located on a property in a residential or commercial condominium or other common interest development, the applicant shall submit a notarized statement from the homeowner's association or condominium owner's association acknowledging that the association has been advised that a massage establishment will be operated by the applicant and that such use of the property is allowed by the property's covenants, codes, and restrictions. This requirement is in addition to any applicable zoning code requirements or regulations. (f) A description of the proposed massage establishment, including the type of treatments to be administered.
(g) The name of each individual who the massage establishment employs or retains to perform massage therapy for compensation, whether on or off the massage establishment premises.
(h) The name of each individual who is regularly employed or retained by the massage establishment to perform services on the premises other than massage therapy, and the nature of their services.
(i) For each individual who the massage establishment does or will employ or retain to perform massage therapy for compensation, whether on or off the massage establishment premises, a copy of that individual's current certification from the CAMTC as a certified massage practitioner or certified massage therapist, and a copy of his or her current CAMTC-issued identification card.
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(j) For each owner of the massage establishment who is a CAMTC-certified massage professional, a copy of his or her current certification from the CAMTC as a certified massage practitioner or as a certified massage therapist and a copy of his or her current CAMTC-issued identification card.
(k) For each owner of the massage establishment who is not a CAMTC-certified massage professional, the following information:
(1) Whether any owner of the massage establishment has within the five years immediately preceding the date of application been convicted of any felony in any state.
(2) Whether any owner of the massage establishment is currently required to register under the provisions of Section 290 of the California Penal Code. (3) The business, occupation, and employment history of each owner of the massage establishment for five years preceding the date of application, and the inclusive dates of same.
(4) One set of fingerprints, and any required fee for such fingerprinting shall be paid by the applicant.
(l) Whether any certificate, license or permit has ever been issued to the applicant by any jurisdiction under the provisions of any ordinance or statute governing massage or somatic practice, and as to any such certificate, license or permit, the name and address of the issuing authority, the effective dates of such certificate, license or permit, whether such certificate, license or permit was ever suspended, revoked, withdrawn, or denied; and copies of any documentary materials relating to such suspension, revocation, withdrawal, or denial.
(m) Such other information as may be required by the permit authority to determine compliance with any other eligibility requirements for issuance of the permit as specified by federal, state, or local law.
(n) A statement that within the last five years the applicant has not failed to comply with a final court order or administrative action of an investigatory agency finding a violation of Item 14
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applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or prevailing wage requirements. For purposes of this subsection, a final court order or administrative action is one as to which there is no pending appeal and the time for filing an appeal has passed.
4.54.100 Permit issuance.
(a) The Department shall issue a massage establishment permit if the applicant meets the requirements of this chapter and no grounds for denial exist under Section 4.54.110.
The Department may impose conditions on the permit consistent with this chapter and applicable law.
(b) Notice to Property Owner. If the applicant is not the record owner of the property where the massage establishment is located, the Department may send a written notice to the property owner advising of the issuance of the permit and of the regulations applicable to the massage establishment. The Department may also provide the property owner with copies of any other notices or communications with the applicant sent at any time before or after issuance of the permit.
(c) Term. A massage establishment permit issued pursuant to the terms of this chapter shall be valid for a term of one year from the date of issuance, and, unless suspended or revoked, must be renewed by the massage establishment operator annually so long as the massage establishment is operating within the city. (d) Insurance. Insurance coverage is a condition of receiving a permit and proof of such coverage is required. Unless specified otherwise by Department regulation, proof of liability insurance, or the equivalent, for not less than one hundred thousand dollars ($100,000) per massage therapist licensed, or to be licensed, at the massage establishment up to a maximum of one million dollars ($1,000,000) shall be required by the time of permit issuance. This requirement can be satisfied by insurance provided in the name of a massage therapist or the massage establishment. Coverage must be Item 14
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maintained for the entirety of the permit period. The Department may establish regulations governing insurance requirements that do not conflict with this section.
4.54.110 Permit denial.
The Department may deny an application for a massage establishment permit on any of the following grounds:
(a) The massage establishment, as proposed by the applicant, would not comply with the requirements of this chapter.
(b) The massage establishment, as proposed by the applicant, would not comply with any applicable law, including, but not limited to the city's building, fire, zoning, and health regulations or regulations under the CAMTC.
(c) The applicant has knowingly made any false, misleading or fraudulent statement of material fact in the application for a massage establishment permit. (d) Any owner of the massage establishment, within five years immediately preceding the date of filing of the application, has been convicted in a court of competent jurisdiction of any offense that relates directly to the operation of a massage establishment whether as a massage establishment owner or operator or as a person practicing massage for compensation, or as an employee of either; or has at any time been convicted in a court of competent jurisdiction of any felony the commission of which occurred on the premises of a massage establishment.
(e) Any owner of the massage establishment is currently required to register under the provisions of Section 290 of the California Penal Code. (f) Any owner of the massage establishment, within five years of the date of application, has been convicted in a court of competent jurisdiction of any violation of Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b) of the California Penal Code, or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the State of California that is the equivalent of any of the aforesaid offenses.
(g) Any owner of the massage establishment has been subjected to a permanent injunction against the conducting or maintaining of a nuisance pursuant to Sections 11225 through Item 14
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11235 of the California Penal Code, or any similar provision of law in a jurisdiction outside the State of California.
(h) Any owner of the massage establishment, within five years of the date of application, and as established by clear and convincing evidence, has engaged in acts prohibited under California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b).
(i) Any owner of the massage establishment is an individual who has not attained the age of eighteen years.
(j) Any owner of the massage establishment, within five years immediately preceding the date of filing of the application, has had a certificate, permit or license to practice massage for compensation or to own and/or operate a massage establishment revoked or denied in any jurisdiction, including CAMTC.
(k) Any owner of the massage establishment currently owns or operates a massage establishment in the city of Palo Alto that is not in good standing due to the existence of uncorrected violations or unpaid fines or fees.
(l) Within the last five years, the applicant has failed to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or prevailing wage requirements. For purposes of this subsection, a final court order or administrative action is one as to which there is no pending appeal and the time for filing an appeal has passed.
4.54.120 Notice of denial—Appeal.
(a) If an application for a massage establishment permit is denied, the Department shall give written notice to the applicant specifying the grounds for denial. (b) The applicant may appeal the decision to deny a massage establishment permit by filing a written notice of appeal with the Department within fifteen days after deposit of the decision in the mail, specifying in detail the grounds for such appeal.
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hot tubsauna businesses
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(c) The City Clerk shall set a time and place for the hearing on the appeal not less than thirty days after the date the appeal was received by the Department, and shall give written notice by mail to the applicant of the date, time, and place for the hearing. The hearing may be conducted virtually or by phone at the discretion of the City. The hearing shall be conducted in accordance with Section 4.54.180. (d) After the hearing on the appeal, the City’s hearing officer may refer the matter back to the Department for a new investigation and decision, may affirm the decision of the Department, or may direct the Department to issue the license. The decision of the hearing officer or designee upon such appeal shall be final and shall be subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6.
4.54.130 Amendments to permit required upon change of information. (a) Within 14 days of a change of the information provided in the application for a certified massage establishment on file with the City, the operator shall file an application to amend the permit to reflect such change. An application to amend a massage establishment permit shall be made by submitting an application on a form provided by the Department. The application shall be accompanied by the fee established by the city's fee schedule.
(b) The application shall not be approved unless the Department determines that the terms of the amended permit comply with all requirements of this chapter and all other local, state, and federal laws, and the massage establishment has no outstanding violations or unpaid citations or fees. Inspection of the massage establishment may be required prior to approval of the amendment.
(c) An amendment shall not be used to change the location or owners of a massage establishment. Instead, a new permit application is required. (d) A denial of an application to amend a massage establishment permit may be appealed in the same manner as a denial of an application for a permit under Section 4.54.120.
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4.54.140 Requirements for all massage establishment facilities and operations. (a) Operational Requirements. Except as otherwise specifically provided in this chapter, the following operational requirements shall be applicable to all massage establishments located within the city:
(1) No massage establishment shall be kept open for business between the hours of ten p.m. of one day and eight a.m. of the following day. A massage begun any time before ten p.m. must nevertheless terminate at ten p.m. (2) The hours of operation of the massage establishment shall be displayed in a conspicuous public place in the reception and waiting area and in any front window clearly visible from outside of the massage establishment. (3) Patrons and visitors shall be permitted in the massage establishment only during the hours of operation.
(4) During the hours of operation, patrons shall be permitted in massage therapy rooms only if at least one duly authorized certified massage professional is present on the premises of the massage establishment. Patrons shall not be permitted in any employee break room on the premises.
(5) During the hours of operation, visitors shall not be permitted in massage therapy rooms except as follows:
(A) The parents or guardian of a patron who is a minor child may be present in the massage therapy room with that minor child;
(B) The minor child of a patron may be present in the massage therapy room with the patron when necessary for the supervision of the child; or (C) The conservator, aid, or other caretaker of a patron who is elderly or disabled may be present in the massage therapy room with that elderly or disabled person.
(6) During the hours of operation, except as otherwise provided herein, no visitors shall be permitted in massage therapy rooms, break rooms, dressing rooms, showers, or any other room or part of the massage establishment premises other than the reception and waiting area or toilet rooms.
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hot tubsauna businesses
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(7) Except for a patron who is inside a massage therapy room for the purpose of receiving a massage, no patrons or visitors shall be permitted in or on the massage establishment premises at any time who are less than fully clothed in outer garments of nontransparent material, or who display or expose themselves in underclothing or similar intimate apparel. (8) A list of services available and the cost of such services shall be posted in an open and conspicuous public place on the premises. The services shall be described in English and may also be described in such other languages as may be convenient. No massage establishment operator shall permit, and no person employed or retained by the massage establishment shall offer to perform any services or request or demand fees other than those posted. (9) The massage establishment shall keep on the premises a complete and current roster of all owners, operators, and managing employees of the massage establishment and all massage professionals and other persons employed or retained by the massage establishment. The roster shall include the name, residence address, and phone number of each individual. The roster shall be available for inspection by city officials charged with the enforcement of this chapter.
(b) Physical Facility and Building and Fire Code Requirements. Except as otherwise specifically provided in this chapter, the following physical facility and building code requirements shall be applicable to all massage establishments located within the city:
(1) Main entry door and reception and waiting area required. One main entry door shall be provided for patron entry to the massage establishment, which shall open to an interior patron reception and waiting area immediately. All patrons and any persons other than individuals employed or retained by the massage establishment shall be required to enter and exit through the main entry door.
Unless the massage establishment is a sole proprietorship or a home occupation with one or no other employees, the main entry door shall be unlocked at all times during business hours.
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Amending PAMC Chapters
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regulation of massage
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(2) No massage establishment located in a building or structure with exterior windows fronting a public street, highway, walkway, or parking area shall block visibility into the interior reception and waiting area through the use of curtains, closed blinds, tints, or any other material that obstructs, blurs, or unreasonably darkens the view into the premises.
(3) All interior doors, including massage therapy rooms or cubicles, but excluding individual dressing rooms, showers, and toilet rooms, shall be incapable of being locked and shall not be blocked to prevent opening. Draw drapes, curtain enclosures, or accordion-pleated closures in lieu of doors are acceptable on all inner massage therapy rooms or cubicles.
(4) Minimum lighting equivalent to at least one forty-watt light shall be provided in each massage therapy room or cubicle.
(5) A massage table or professional massage chair specifically designed for seated massage shall be used for all massage therapy, with the exception of "Thai," "Shiatsu," and similar forms of massage therapy, which may be provided on a padded mat on the floor, provided the patron is fully attired in loose clothing, pajamas, scrubs, or similar style of garment. Massage tables shall have a minimum height of eighteen inches.
(6) Beds, floor mattresses, and waterbeds are not permitted on the premises of the massage establishment, and no massage establishment shall be used for residential or sleeping purposes, which may be shown by circumstantial evidence such as the presence of bedding, pillows, sleeping bags, suitcases, clothing, toiletries or other personal belongings, cooking appliances, utensils or food in excess of a business establishment's normal requirements. (7) All locker facilities that are provided for the use of patrons shall be fully secured for the protection of the patrons' valuables, and each patron shall be given control of the key or other means of access.
(8) The massage establishment shall comply with all applicable state and local building and fire codes as adopted in Title 16 of this code.
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(9) Any signage referring to the massage establishment located on or adjacent to the building housing the massage establishment must match the business name that is listed on the massage establishment permit. A massage establishment shall not have signage that refers to another business name. (c) Health and Safety Requirements. Except as otherwise specifically provided in this chapter, the following health and safety requirements shall be applicable to all massage establishments located within the city:
(1) The massage establishment shall at all times be equipped with an adequate supply of clean sanitary towels, coverings, and linens. Massage table or chair shall be covered with a fresh, clean sheet or other clean covering appropriate to the equipment for each patron, just before the client arrives. After a towel, covering, or linen has been used once, it shall be deposited in a closed receptacle and not used again until properly laundered and sanitized. Towels, coverings, and linens shall be laundered either by regular commercial laundering, or by a noncommercial laundering process that includes immersion in water at least one hundred forty degrees Fahrenheit for not less than fifteen minutes during the washing or rinsing operation. Clean towels, coverings, and linens shall be stored in closed, clean cabinets when not in use. A certified massage professional engaged in the practice of mobile massage shall carry a sufficient quantity of clean and sanitary towels, sheets, and linens to comply with the requirements. (2) All massage therapy rooms or cubicles, wet and dry heat rooms, toilet rooms, shower compartments, hot tubs, and pools shall be thoroughly cleaned and disinfected as needed, and at least once each business day when the premises has been or will be open and such facilities in use. All bathtubs shall be thoroughly cleaned and disinfected after each use.
(3) All liquids, creams, or other preparations used on or made available to patrons shall be kept in clean and closed containers. Powders may be kept in clean shakers. All bottles and containers shall be distinctly and correctly labeled to disclose their contents. When only a portion of a liquid, cream, or other Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 23 Packet Pg. 516 of 828
NOT YET APPROVED
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preparation is to be used on or made available to a patron, it shall be removed from the container in such a way as not to contaminate the remaining portion. (4) No invasive procedures shall be performed on any patron. Invasive procedures include, but are not limited to:
(A) Application of electricity that contracts the muscle; (B) Penetration of the skin by metal needles;
(C) Abrasion of the skin below the nonliving, epidermal layers; (D) Removal of skin by means of any razor-edged instrument or other device or tool;
(E) Use of any needle-like instrument for the purpose of extracting skin blemishes; and
(F) Other similar procedures.
(5) All bathrobes, bathing suits, and/or other garments that are provided for the use of patrons shall be either fully disposable and not used by more than one patron, or shall be laundered after each use pursuant to subsection (c)(1) of this section. (6) All combs, brushes, and/or other personal items of grooming or hygiene that are provided for the use of patrons shall be either fully disposable and not used by more than one patron, or shall be fully disinfected after each use. (7) No patrons shall be allowed to use any shower facilities of the massage establishment unless such patrons are wearing slip-resistant sandals or flip-flops while in the shower compartment. All footwear such as sandals or flip-flops that are provided for the use of patrons either shall be fully disposable and not used by more than one patron, or shall be fully disinfected after each use. (8) Patrons' genitals and female patrons' breasts must be fully draped at all times while any individual employed or retained by the massage establishment is in the massage room or cubicle with the patron. No massage shall be provided to a patron that results in intentional contact, or occasional and repetitive contact, with the genitals or anal region of a patron.
Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 24 Packet Pg. 517 of 828
NOT YET APPROVED
20 147_202511117_ts24
(9) No alcoholic beverages shall be sold, served, or furnished to any patron; nor shall any alcoholic beverages be kept or possessed on the premises of a massage establishment.
(d) Attire and Physical Hygiene Requirements. The following attire and physical hygiene requirements shall be applicable to all employees and any other persons who work permanently or temporarily on the premises of a massage establishment within the city, including, but not limited to, all persons who are employed or retained to practice massage for the massage establishment:
(1) No person shall dress in:
(A) Attire that is transparent, see-through, or substantially exposes the person's undergarments;
(B) Swim attire, unless providing a water-based massage modality approved by the CAMTC;
(C) A manner that exposes the person's chest, breasts, buttocks, or genitals; (2) No massage establishment operator, employee, or visitor shall, while on the premises of a massage establishment or while performing any mobile massage service, and while in the presence of any patron, customer, employee or visitor, expose his or her chest, breast, buttocks, or genitals. (3) All persons shall thoroughly wash their hands with soap and water or any equally effective cleansing agent immediately before providing massage to a patron. No massage shall be provided upon a surface of the skin or scalp of a patron where such skin is inflamed, broken (e.g., abraded or cut), or where a skin infection or eruption is present.
(e) Display of Permit and Certifications.
(1) The massage establishment permit shall be displayed in an open and conspicuous place on the premises visible from the main entry door and/or reception and waiting area of the massage establishment. (2) Each person employed or retained by a massage establishment to perform massage in or on the premises or through an mobile massage service shall Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 25 Packet Pg. 518 of 828
NOT YET APPROVED
21 147_202511117_ts24
display on his or her person the valid current photograph-bearing identification card issued to that employee by the CAMTC. A copy of each such identification card and the person's original CAMTC certificate shall also be displayed in an open and conspicuous place visible from the main entry door and/or reception and waiting area of the massage establishment. The home address of any employee need not be displayed.
(f) Display of Human Trafficking Notices. The massage establishment shall comply with the requirements in California Civil Code Section 52.6 related to the posting of information for victims of human trafficking.
(g) Home Occupation and Mobile-Only Businesses—Exemptions. (1) Where a certified massage establishment is a home occupation, and the operator has complied with the provisions of Section 18.42.010 of this code pertaining to home occupations, the provisions of subsections (a)(2), (b)(1)—(3), and (b)(6) of this section shall not apply, and the portions of the residence subject to the requirements of subsections (b) and (c) of this section shall be only those portions that are used at any time by the patron of the massage establishment.
(2) For massage establishments that provide mobile-only services and have no fixed location for performing massage, provisions of this section related to businesses with fixed locations shall not apply. Specifically, the provisions of subsections (a)(2)—(9), (b)(1)—(4), (b)(6)—(8), (c)(2) and (7), (e)(1), and (f) of this section shall not apply to mobile-only establishments.
4.54.150 Massage establishment inspections.
(a) As a condition of the massage establishment permit, investigating officials of the Department shall have the right to enter any massage establishment, other than an establishment providing mobile only services, during regular business hours, to make reasonable inspection to ascertain whether there is compliance with the provisions of Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 26 Packet Pg. 519 of 828
NOT YET APPROVED
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this chapter. For home occupations, reasonable inspection shall be limited to the portions of the residence open to patrons.
(b) The massage establishment operator shall take immediate action to correct each violation noted by the inspector. A reinspection will be performed to ensure that each violation noted by the inspector has been corrected.
4.54.160 Reserved.
4.54.170 Revocation or suspension.
All massage establishment operators shall be deemed to know and understand the requirements and prohibitions of this chapter. Any massage establishment permit issued pursuant to this chapter may be suspended or revoked by the Department after a hearing, where the Department finds that any of the following have occurred on even a single occasion:
(a) The permittee or any person employed or retained by the massage establishment has violated any provision of this chapter.
(b) The permittee or any person employed or retained by the massage establishment has been convicted in a court of competent jurisdiction of having violated, or has engaged in conduct constituting a violation of, any of the following: California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, 647(b), or conspiracy or attempt to commit any such offense, or any offense in a jurisdiction outside of the State of California that is the equivalent of any of the aforesaid offenses. (c) The permittee or any person employed or retained by the massage establishment is required to register under Section 290 of the California Penal Code. (d) The permittee has been subject to a permanent injunction against the conducting or maintaining of a nuisance pursuant to this code, or Sections 11225 through 11235 of the California Penal Code, or any similar provision of law in any jurisdiction outside the State of California.
(e) The permittee or any person employed or retained by the massage establishment has engaged in fraud or misrepresentation or has knowingly made a misstatement of Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 27 Packet Pg. 520 of 828
NOT YET APPROVED
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material fact while working in or for the massage establishment as it pertains to the massage establishment.
(f) The permittee has continued to operate the massage establishment after the massage establishment permit has been suspended.
(g) Massage has been performed on the premises of the massage establishment, with or without the permittee's actual knowledge, by any person who is not a duly authorized CAMTC-certified massage professional.
(h) A person who is not a duly authorized CAMTC-certified massage professional has provided mobile massage services through or on behalf of the massage establishment. (i) There have been one or more acts prohibited under California Penal Code Sections 266, 266a, 266e, 266f, 266g, 266h, 266i, 266j, 315, 316, 318, or 647(b), taking place on the premises of the massage establishment, whether or not any criminal prosecution has been pursued or conviction obtained for such acts, and whether or not they occurred with or without the actual knowledge of the permittee.
(j) The permittee or any person employed or retained by the massage establishment or any other person on the premises of the massage establishment has engaged in conduct or committed acts that a reasonable person in the patron's position would understand as an offer to perform on or engage in with the patron acts that are sexual in nature or that involve touching of the patron's genitals, or anal region. (k) The permittee or any person employed or retained by the massage establishment has engaged in sexually suggestive advertising related to massage services available at the massage establishment, including, but not limited to displaying photographs of individuals clothed in swim attire, or attire that is transparent, see-through or substantially exposes the individual's undergarments, breasts, buttocks, or genitals, describing massage services as "erotic," "sensual" or similarly sexual in nature, listing advertisements in any media (including online) intended for adults only, or describing the appearance or age of massage providers.
(l) If the applicant has failed to comply with a final court order or administrative action of an investigatory agency finding a violation of applicable federal, state and local wage Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 28 Packet Pg. 521 of 828
NOT YET APPROVED
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and hour laws, including, but not limited to, the Federal Fair Labor Standards Act, the California Labor Code, and any local minimum wage ordinance or prevailing wage requirements. For purposes of this subsection, a final court order or administrative action is one as to which there is no pending appeal and the time for filing an appeal has passed. In addition, any disciplinary action taken by CAMTC shall be considered in determining grounds for revocation, suspension or nonrenewal.
4.54.180 Hearing for revocation or suspension.
(a) The Department shall give written notice of a hearing for the revocation or suspension of any permit granted pursuant to this chapter to the permittee. The notice shall set forth the time and place of the hearing, the ground or grounds upon which the hearing is based, the pertinent code sections, and a brief statement of the factual issues in support thereof. The notice shall be mailed, postage prepaid, addressed to the permittee at the last known address of the permittee, or it shall be delivered to the permittee personally, at least ten days prior to the hearing date. (b) Within ten days of the hearing the Department shall render its decision in writing, stating its findings and the action taken, if any. The decision letter shall be mailed, postage prepaid, addressed to the permittee at the last known address of the permittee, or it shall be delivered to the permittee personally. (c) Within ten days from the deposit of the decision letter in the mail or its receipt by the permittee, whichever occurs first, the permittee may appeal the decision in writing to the city manager or designee, setting forth with particularity the ground or grounds for the appeal.
(d) The hearing officer shall give written notice of the hearing on the appeal not less than ten days from the date the appeal was received by the city. The hearing shall be conducted in accordance with Section 4.54.190.
(e) After the hearing on the appeal, the hearing officer or designee may refer the matter back to the Department for a new investigation and decision, may affirm the decision of the Department, may dismiss the disciplinary action, or may revoke or suspend the Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 29 Packet Pg. 522 of 828
NOT YET APPROVED
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permit. The decision of the hearing officer upon such appeal shall be final and shall be subject to judicial review according to the provisions and time limits set forth in Code of Civil Procedure Section 1094.6.
(f) The notices provided to the massage establishment pursuant to this section may also be sent to the owner of the premises where the massage establishment is located.
However, failure to provide notice to the property owner shall not invalidate any actions taken by the city.
4.54.190 Hearing rules.
The following rules shall apply to any hearing required by this chapter. All parties involved shall have the right to offer testimonial, documentary, and tangible evidence bearing on the issues, to be represented by counsel, and to confront and cross-examine witnesses. Any relevant evidence may be admitted if it is the sort of evidence upon which reasonable persons are accustomed to rely in the conduct of serious affairs. Any hearing under this chapter may be continued for a reasonable time for the convenience of a party or witness.
4.54.200 Violations a public nuisance—Penalties, nuisance abatement, and other remedies.
Any massage establishment operated, conducted, or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the city attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law. Such remedies shall be in addition to any other judicial and administrative penalties and remedies available to the city under this code or under state law.
(a) For the purpose of enforcing the requirements of this chapter, all owners and operators of the massage establishment shall be jointly and severally responsible for the conduct of all massage establishment employees, agents, independent contractors, or other representatives while such persons are on the premises of the massage establishment or providing mobile massage services on behalf of the massage establishment.
Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 30 Packet Pg. 523 of 828
NOT YET APPROVED
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(b) In addition to any other remedy available to the city under applicable law, a massage establishment permit may be suspended or revoked as provided in Sections 4.54.170 and 4.54.180. Upon issuance of a final order by the Department or Hearing Officer to revoke the massage permit, the massage establishment shall immediately cease operation, and, if so ordered by the hearing officer, no other massage establishment shall be permitted to operate at that location by any person for a period of not less than five years ("the moratorium period"). If the operator is not also the legal owner of the real property on which the massage establishment is situated, notice of such revocation and the five-year prohibition shall be provided by the permit authority to the owner of record of the property as shown on the latest county assessment roll.
(c) In addition to any other remedy available to the city under applicable law, a massage establishment permit may not be renewed or amended unless and until all due and unpaid citations issued pursuant to this chapter are paid in full, and all outstanding violations have been corrected.
(d) Notwithstanding any other provision of this chapter, where a Notice of Revocation or Suspension has been issued to the operator of a massage establishment pursuant to Section 4.54.180 of this chapter, the Department shall not process or grant an application for a massage establishment permit for a new massage establishment at the same premises unless and until such Notice of Revocation or Suspension is dismissed; or a final determination is made pursuant to that section that the current operator's massage establishment permit is not or should not be revoked; or any moratorium period imposed pursuant to this chapter has expired.
4.54.200 Administrative Citations and Penalties
(a) Violations. Upon a finding by the City that a business has violated any provision of this chapter, the City may issue an administrative citation and/or compliance order resulting in administrative fines pursuant to PAMC Chapters 1.12 and 1.16.
Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 31 Packet Pg. 524 of 828
NOT YET APPROVED
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(b) Separate Violations. Each violation of any provision of this chapter shall constitute a separate violation. Each client to whom massage is provided or offered in violation of this chapter shall also constitute a separate violation. Each day upon which a massage business remains open for business in violation of this chapter shall also constitute a separate violation.
(c) Outstanding Fines. All outstanding penalties resulting from administrative citations and/or compliance orders must be paid prior to the issuance or renewal of any registration.
(d) Appeals. Appeals of administrative citations and compliance orders may be made pursuant to the appeal procedures in PAMC Chapters 1.12 and 1.16, respectively.
SECTION 3. Chapter 4.56 (Hot Tub/Sauna Establishments) of the Palo Alto Municipal Code is hereby amended and restated in its entirety to read as follows:
4.56.010 Purpose and intent.
It is the purpose and intent of this chapter to provide for the orderly regulation of hot tub/sauna establishments and hot tub/sauna establishment employees, as defined in this chapter in the interests of the public health, safety and welfare by providing certain minimum building, sanitation and health standards for hot tub/sauna establishments and by providing certain minimum standards and regulations regarding the conduct and activities of the owners and employees of hot tub/sauna establishments.Reserved.
4.56.020 Definitions.
For the purpose of this chapter, unless the context clearly requires a different meaning, the words, terms, and phrases set forth in this section shall have the meanings given them in this section:
(a) "Hot tub/sauna establishment" means any establishment having a fixed place of business where any person, as defined in this section, for compensation, engages in, conducts, carries on or permits to be engaged in, conducted or carried on any of the following as the principal functions; provided, that any establishment wherein any employee provides any services Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 32 Packet Pg. 525 of 828
NOT YET APPROVED
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defined as massage or adult entertainment by Sections 4.54.020 or 4.55.020 shall be licensed pursuant to the provisions of Chapters 4.54 or 4.55, respectively. (1) Where Russian, Turkish, Finnish, Swedish, hot air, vapor, electric cabinet, steam, mineral, sweat, salt, Japanese, sauna, fomentation, alcohol or baths of any kind whatsoever are furnished or made available; and/or
(2) Where the public has access, on a rental basis, to private rooms or suites located within the establishment, in which are located or provided hot tubs, jacuzzis, saunas, showers, similar and/or related facilities, or any combination thereof.
The term "hot tub/sauna establishment" does not include licensed hospitals, nursing homes, sanitaria, or individuals holding a valid certificate to practice the healing arts under the laws of the state of California, or individuals working under the direction of any such certificated persons. The term "hot tub/sauna establishment" does not include any type of a privately owned and operated health spa, gymnasium or exercise facility where the primary purpose of the establishment is the offering of exercise or physical fitness equipment and facilities to prospective patrons; even though such establishment may have, on its premises, facilities for hot baths, and/or hot tubs, jacuzzis, saunas and related facilities for the incidental use of patrons.
(b) "Hot tub/sauna establishment employee" means every owner, partner, manager, supervisor, employee or any other person, whether paid or not, who renders personal services of any type in the operation of a hot tub/sauna establishment. (c) "License" means the license to operate a hot/tub sauna establishment as required by this chapter.
(d) "Permit" means the permit to engage in the activities of a hot tub/sauna establishment employee as required by this chapter.
(e) "Person" means any individual, partnership, firm, association. joint venture, corporation. or combination of individuals.
Whenever, in this chapter, the singular form of any of the terms defined in this section is used, the same includes the plural form of such term.
Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 33 Packet Pg. 526 of 828
NOT YET APPROVED
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4.56.030 Hot tub/sauna establishment County license required.
It is unlawful for any person to engage in, conduct or carry on, in or upon any premises within the city the operation of a hot tub//sauna establishment without the any applicable valid license(s) or permit(s) required by and obtained from the chief of police as required by this chapter. A. hot tub/sauna establishment license the County of Santa Clara. shall be issued to any person who has complied with the requirements of Sections 4.56.050 and 4.56.110, and all applicable provisions of the code; unless grounds for denial of such license are found to exist. In addition to those set forth in Section 4.04.140, grounds for denial shall include:
(a) The applicant made a material misstatement in the application for a license; (b) The applicant has, within five years immediately preceding the date of the filing of the application, been convicted in a court of competent jurisdiction of an offense involving conduct which requires registration under California Penal Code Section 290, or any violations of Sections 311 through 311.7, 313.1, 314, 315, 316, 318, or 647(a), 647(b), 647(d), or 647(h) of the California Penal Code, or of any offense involving theft of property or violence; (c) That the operation of a hot tub/sauna establishment, as proposed by the applicant, if permitted, would not comply with all applicable laws including, but not limited to, all city ordinances and regulations;
(d) That the operation of the proposed hot tub/sauna establishment is likely to be injurious to the health, safety and welfare of the people of the city; (e) That the applicant is lacking in the background and qualifications to conduct a bona fide hot tub/sauna establishment; or
(f) That the applicant has violated any provision of this chapter, or of any similar ordinance, law, rule or regulation of another public agency which regulates the operation of hot tub/sauna or related establishments.
4.56.040 Hot tub/sauna establishment license application fee.
Any application for a license to operate a hot tub/sauna establishment shall be accompanied by a nonrefundable fee as set forth in the municipal fee schedule. The application fee shall be Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 34 Packet Pg. 527 of 828
NOT YET APPROVED
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used to defray, in part, the costs of investigation and report, and is not made in lieu of any other fees or taxes required under this code. A license to operate a hot tub/sauna establishment shall be renewed annually. The renewal fee shall be as set forth in the municipal fee schedule.
Reserved.
4.56.050 Application for hot tub/sauna establishment license.
Any application for a license to operate a hot tub/sauna establishment shall be made with the chief of police. Within thirty working days following receipt of a completed application, the chief of police shall either issue the permit or mail a written statement of his reasons for denial thereof. The application shall set forth the exact nature of the hot tub/sauna operations or activities to be conducted, the proposed place of business and facilities therefor, and the name and address of each applicant. In addition to the requirements of Chapter 4.04 and this section, any applicant shall furnish the following information:
(a) The previous address of applicant, if any, for a period of three years immediately prior to the date of the application and the dates of residence at each; (b) Written proof that the applicant is at least eighteen years of age; (c) Applicant's height, weight, color of eyes and hair; (d) The applicant shall allow the police department official processing the application to take photographs and fingerprints of the applicant;
(e) Business, occupation or employment history of the applicant for the three years immediately preceding the date of the application;
(f) If the applicant is a corporation, the name of the corporation shall be set forth exactly as shown in its articles of incorporation, together with the names and residence addresses of each of its officers, directors, and each stockholder holding more than five percent of the stock of the corporation. If the applicant is a partnership, the application shall set forth the name and residence address of each of the partners, including limited partners. If one or more of the partners is a corporation, the provisions of this section pertaining to a corporate applicant shall apply;
Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 35 Packet Pg. 528 of 828
NOT YET APPROVED
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(g) The names and residence addresses of all persons currently employed or intended to be employed in the hot tub/sauna establishment, regardless of the nature of the employment, other than any person licensed pursuant to Section 4.56.060, along with the proposed or actual nature of the work performed or to be performed, and recent passport-size photographs, suitable to the police department official processing the application, of each such employee. All such employees shall be requested to obtain the permit specified in Section 4.56.060. Any applicant or licensee shall notify the city in writing of the names, addresses, and nature of the work, of any new or proposed employees, and supply the photographs described in this subsection upon determining to employ such person. No such person shall commence such employment until a permit has been obtained as specified in Section 4.56.060. "Employee" means "hot tub/sauna establishment employee" as defined herein. It shall be unlawful for any licensee to employ any hot tub/sauna establishment employee who does not possess a valid permit provided for in Section 4.56.020. Any licensee shall notify the chief of police in writing of the termination of employment of any employee, whether terminated by the licensee or employee, within five days of such termination;
(h) Such other information as may be deemed necessary by the chief of police.
Reserved.
4.56.060 Hot tub/sauna establishment employee permit required.
It is unlawful for any person to act as a hot tub/sauna establishment employee unless such person holds a valid permit issued by the chief of police. A hot tub/sauna establishment employee permit shall be issued to any person who has fulfilled the requirements of Section
4.56.080, and all other applicable provisions of this code; unless grounds for denial of such permit are found to exist. In addition to those set forth in Section 4.04.140, grounds for denial shall include:
(a) The applicant made a material misstatement in the application for the permit; (b) The applicant, within five years immediately preceding the date of the filing of the application, has been convicted in a court of competent jurisdiction of any offense involving conduct which requires registration under California Penal Code Section 290, or any violation of Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 36 Packet Pg. 529 of 828
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Sections 311 through 311.7, 313.1, 314, 315, 316, 318 or 647(a), 647(b), 647(d), or 647(h) of the California Penal Code or of any offense involving theft of property; (c) The issuance of the permit is likely to be injurious to the health, safety, welfare, and interest of the people of the city;
(d) The applicant has previously violated any provision of this chapter, or of any similar ordinance, law, rule or regulation of another public agency which regulates the operation of hot tub/sauna establishments or hot tub/sauna establishment employees; (e) The applicant is under eighteen years of age.
Reserved.
4.56.070 Hot tub/sauna establishment employee application fee.
Any application for a permit to act as hot tub/sauna establishment employee shall be accompanied by a nonrefundable fee as set forth in the municipal fee schedule. A hot tub/sauna establishment employee permit shall be renewed annually. The renewal fee shall be as set forth in the municipal fee schedule. Any person who applies for a license to operate a hot tub/sauna establishment and who desires to act as a hot tub/sauna establishment employee within said establishment shall not be required to pay the fee required by the municipal fee schedule, but shall be required to furnish the information set forth in Section 4.56.080.
Reserved.
4.56.080 Application for hot tub/sauna establishment employee permit.
Any application for a permit to act as a hot tub/sauna establishment employee shall be made with the chief of police. Within thirty working days following receipt of a completed application, the chief of police shall either issue the permit, or mail a written statement of his reason for denial thereof. The chief of police may require the applicant to allow fingerprints to be taken. In addition to the requirements of Chapter 4.04, the applicant shall furnish the following information:
(a) Name, residence address and telephone number;
(b) Social security number and driver's license number if any; Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 37 Packet Pg. 530 of 828
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(c) Applicant's weight, height, color of hair and eyes; (d) The applicant shall furnish a recent photograph of applicant to the police department official who processes the application;
(e) Written evidence that the applicant is at least eighteen years of age; (f) Business, occupation or employment of the applicant for the three years immediately preceding the date of application;
(g) The name and address of the establishment where the applicant is to be employed, and the name of the owner or operator of the same. Any hot tub/sauna establishment employee granted a permit pursuant to this section must report any change in hot tub/sauna establishment employment within five days of said change; (h) Whether such person has ever been convicted of any crime mentioned in Section
4.56.060. If any person has been so convicted, a statement must be made giving the place and court in which said conviction was had, the specific charge or charges under which the conviction was obtained, and the sentence imposed as a result of such conviction; (i) Such other information as may be deemed necessary by the chief of police.
Reserved.
4.56.090 Appeal.
In the event a permit or license application has been denied, the applicant shall proceed pursuant to the appeal and hearing provision of Chapter 4.04.
Reserved.
4.56.100 Hot tub/sauna establishment and operations requirements.
All hot tub/sauna establishments shall comply with the following facilities and operations requirements and each of the requirements listed in this section shall be conditions of any hot tub/sauna establishment license which is issued pursuant to the requirements of this chapter:
(a) Hot tub/sauna establishments shall comply with all applicable provisions of this code and with all applicable health and sanitation laws, rules and regulations of the county of Santa Clara and state of California.
Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 38 Packet Pg. 531 of 828
NOT YET APPROVED
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(b) Toilet and lavatory facilities shall be provided for employees and patrons of a hot tub/sauna establishment in a number and type not less than the minimum number and type specified in the applicable code section for such type of use. (c) A manager or other supervisory representative of the licensee shall be and remain on the premises of the licensed hot tub/sauna establishment at all times during the operating hours of the establishment. The licensee shall furnish the chief of police with a list of all persons authorized by licensee to act as manager or representative of the licensee. Any change in said list shall be reported to the chief of police immediately. (d) All suites and rooms within hot tub/sauna establishments, for the use of patrons, shall be provided with clean laundered sheets, towels and linens in sufficient quantities which shall be laundered between consecutive uses thereof and stored in an approved sanitary manner. The same sheets, towels and linens shall not be used in excess of one rental period. No sheets, towels or linens shall be laundered or dried in any hot tub/sauna establishment unless such establishment is provided with approved laundry facilities comparable to commercial laundering facilities, for such laundering and drying. Approved receptacles shall be provided for the storage of soiled sheets, linens, and towels. Heavy white paper may be substituted for sheets; provided that such paper is used once for each person and then discarded into a sanitary receptacle.
(e) All walls, ceilings, floors, pools, showers, bathtubs, hot tubs, jacuzzis, saunas, steam rooms, and all other physical facilities within the establishment must be in good repair and maintained in a clean and sanitary condition. Wet and dry heat rooms, steam or vapor rooms, or steam or vapor cabinets, shower compartments, bathrooms, toilet rooms, saunas, jacuzzis, hot tubs, and individual suites shall be thoroughly cleaned and disinfected each day the business is in operation. Bathtubs (not including hot tubs) shall be cleaned and thoroughly disinfected after each use. Not more than one hot tub or similar water-holding device shall be operated from the same heating or filtering device or any similar mechanism unless each such hot tub or other similar device is capable of being emptied and refilled independent of any other hot tub.
Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 39 Packet Pg. 532 of 828
NOT YET APPROVED
35 147_202511117_ts24
(f) The walls in all rooms where water or steam baths are given shall have a washable, moldresistant surface. (g) All lavatories or wash basins shall be provided with hot and cold running water, soap and single-service towels in wall-mounted dispensers.
(h) Cabinets or other covered space shall be provided for the storage of clean linen. (i) To protect patrons from potential health and sanitary hazards, all hot tub/sauna establishment employees shall be clean and shall perform all services on the premises in full, clean outer garments.
(j) Security deposit facilities capable of being locked by the patron or a waterproof security bag that may be carried by the patron shall be available for the protection of the valuables of the patron.
(k) Each service or facility offered, the price thereof, and the minimum length of time such service shall be performed shall be posted in a conspicuous public location within the hot tub/sauna establishment. If the hot tub/sauna establishment contains within it one or more individual rooms or suites, the hourly rental rate for such individual rooms or suites shall also be posted in a conspicuous public location, along with the minimum and maximum periods of time such individual rooms or suites can be rented. All letters and numbers shall be capitals, and not less than one-half inch in height.
(l) No mirrors of any type shall be placed at any location within or inside the hot tub/sauna establishment unless the approval of the chief of police has first been obtained; provided, however, that if the hot tub/sauna establishment is comprised of one or more individual rooms or suites, a small mirror, not more than three square feet in size, may be placed on the interior of such room or suite on the door leading from such individual room or suite into any interior hallway within such establishment, or such other comparable location not visible from the exterior of such individual room or suite when the door thereto is open as may be approved by the chief of police.
(m) If the hot tub/sauna establishment is comprised of one or more individual rooms or suites which are rented to patrons, the interior of any such individual room or suite shall not be Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 40 Packet Pg. 533 of 828
NOT YET APPROVED
36 147_202511117_ts24
visible from any point outside the room or suite when the door leading from such individual room or suite into any interior hallway is closed.
(n) No alcoholic beverages of any type shall be permitted to be brought into or consumed within or upon the premises or property of any hot tub/sauna establishment. (o) No nudity shall be permitted or allowed to occur in any interior hallways of the establishment, or in any other open patron area or areas located within the hot tub/sauna establishment. Nudity shall only be permitted or allowed within the confines of an individual room or suite located within the establishment and then only by the patrons who have rented such room or suite.
(p) No individual under the age of eighteen years shall be allowed to enter into or to remain upon or within the premises of any hot tub/sauna establishment unless such individual is accompanied by his or her parent or guardian.
(q) All hot tub/sauna establishment employees, while on duty:
(1) Shall remain fully clothed at all times;
(2) Shall not remain inside any of the individual rooms or suites with any patrons of the establishment while the doors leading to the hallways from such rooms or suites are closed.
Said doors shall remain closed at all times during which the individual room or suite is occupied and utilized by any patron;
(3) Shall not perform, for compensation or otherwise, any type of personal services for the patrons of the establishment, which personal services consist of the touching of any part of the body of a patron with any part of the employee's body, or any implement utilized by an employee.
(r) (1) Hot tub/sauna establishments shall close and remain closed from eleven p.m. to nine a.m.
(2) After one year of operation, a hot tub/sauna establishment may be exempted from the hours restrictions of this section by the chief of police upon a written request which details the factual reasons supporting good cause for the exemption. The chief of police, in determining what constitutes good cause for this exemption from the hours restrictions, shall consider and weight the following factors:
Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 41 Packet Pg. 534 of 828
NOT YET APPROVED
37 147_202511117_ts24
(A) The criteria outlined in Section 4.04.140 of Chapter 4.04; (B) The criteria outlined in Section 4.56.030 of this chapter; (C) The impact which the hot tub/sauna establishment has had on the health, safety, and welfare of the local community, including, but not limited to, parking and traffic congestion; (D) The hot tub/sauna establishment's compliance or noncompliance with all federal, state, and local laws, including, but not limited to, this municipal code.
If, upon review of these factors, the chief of police determines that good cause does exist for the requested exemption, the chief may then exempt the particular hot tub/sauna establishment from the hours restrictions of this section. However, in no event shall any hot tub/sauna establishment close later than two a.m. nor open earlier than six a.m. (3) The exemption from the hours restrictions of this section shall be subject to review and renewal annually at the same time as the renewal of the underlying license and the same factual showing shall be made as that required for the initial exemption. The chief shall not grant an hours exemption unless said establishment has maintained the criteria specified in Section 4.56.100(r)(2).
(s) No hot tub/sauna establishment shall be allowed in the following locations:
(1) Within two hundred fifty feet of the exterior property limits of any public or private elementary school, junior high school or high school;
(2) Within two hundred fifty feet of the exterior limits of any district where residential use is the principal permitted use, including all R and RM districts, O-S districts, and any P-C or P-F districts where the principal use permitted or maintained is residential; or (3) Within twelve hundred feet of the exterior property limits of any other premises lawfully occupied by a hot tub/sauna establishment or by any establishment subject to the provisions of Chapters 4.54 or 4.55, or any cardroom licensed pursuant to Chapter 4.52. Notwithstanding the provisions of this subdivision, subject to all other provisions of this chapter, a hot tub/sauna establishment license may be issued for an establishment located within twelve hundred feet of another hot tub/sauna establishment, an establishment subject to the provisions of Chapters
4.54 or 4.55, or any cardroom licensed pursuant to Chapter 4.52 if the applicant has obtained, and has in effect, a valid conditional use permit pursuant to Chapter 18.76 (Permits and Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 42 Packet Pg. 535 of 828
NOT YET APPROVED
38 147_202511117_ts24
Approvals). Application for a license under this chapter shall be made and processed prior to an application for a use permit. In the event it is determined that a license under this chapter would be issued for the provisions of this subdivision, the application for a use permit shall then be processed. A license under this chapter shall not be issued until completion of the use permit application process. In the case of such an application, the time limit for action on a hot tub/sauna establishment license application contained in Section 4.56.050 shall be automatically extended as necessary to follow processing of the use permit application. For the purpose of determining compliance with standard (3), as to, between and with respect to establishments lawfully in operation on the effective date of this section, priority between such existing establishments shall be assigned in accordance with the dates upon which said establishments commenced such lawful operations. In the event any dispute arises regarding said dates, the applicant shall have the obligation to establish the date on which he commenced lawful operation.
Any hot tub/sauna establishment lawfully in operation on the effective date of this section shall, within sixty days of said date apply to the chief of police for a determination as to compliance with the provisions of this section. Said application shall be in such form as prescribed by the chief of police.
Any hot tub/sauna establishment legally existing on the effective date of this subsection and which is not in compliance with the provisions of this subsection shall comply with said provisions within three years of the effective date of this subsection; provided, however, that any such establishment which intends to in any way transfer ownership or alter or change the nature of any such hot tub/sauna establishment on or after the effective date of this subsection shall comply with the provisions of this subsection prior to such transfer, alteration or change.
Any such use which at the expiration of said period is not in compliance with the provisions of this subsection shall at that time discontinue and abate its operation.
Any hot tub/sauna establishment lawfully in operation upon the effective date of this subsection failing to comply with the provisions of this subsection shall be issued a limited-term license containing a statement on its face reciting such noncompliance and the date by which compliance must be accomplished, and that said license shall not be renewed beyond said date.
Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 43 Packet Pg. 536 of 828
NOT YET APPROVED
39 147_202511117_ts24
All distances referred to in this subsection shall be measured between the closest points on the exterior property lines or area boundaries of the parcels or areas involved, except that when a hot tub/sauna establishment subject to the provisions of this section occupies one unit of a multi-unit structure located on a single parcel, distances shall be measured from the exterior boundaries of the unit so occupied.
Reserved.
4.56.110 Inspection by officials.
Any and all investigating officials of the city shall have the right to enter hot tub/sauna establishments from time to time during regular business hours to make reasonable inspections to observe and enforce compliance with building, fire, electrical, plumbing or other health safety regulations. A warrant shall be obtained whenever required by law.
4.56.120 Business name.
No person licensed to operate a hot tub/sauna establishment shall operate under any name or conduct business under any designation not specified in the a County license(s).
4.56.130 Business location change.
Upon a change of location of a hot tub/sauna establishment, an application to the chief of police shall be made in the same form as an original application, and such application shall be granted, provided all applicable provisions of this code are complied with as in the case of an original application, and a change of location fee as set forth in the municipal fee schedule to defray, in part, the costs of investigation and report has been paid to the city.
Reserved.
4.56.140 Sale or transfer of hot tub/sauna establishment interest.
A sale or transfer of any interest in a hot tub/sauna establishment, which interest would be reported as required in this chapter upon application for a hot tub/sauna establishment license, shall be reported to the chief of police within ten days of such sale or transfer. The chief of Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 44 Packet Pg. 537 of 828
NOT YET APPROVED
40 147_202511117_ts24
police shall investigate any person receiving any interest in a hot tub/sauna establishment as a result of such sale or transfer, and if such person satisfies the requirements relating to hot tub/sauna establishment license applicants, the existing license shall be endorsed to include such person. A fee as set forth in the municipal fee schedule shall be paid to the city for the investigation by the chief of police necessitated by each such sale or transfer.
Reserved.
4.56.150 Display of permits, licenses.
The owner or operator of a hot tub/sauna establishment shall display the hot tub/sauna establishment license and the permit of each and every hot tub/sauna establishment employee employed in the establishment in an open and conspicuous place on the premises. Passportsize photographs of the licensee and permittees shall be affixed to the respective license and permits on display pursuant to this section. Home addresses of hot tub/sauna establishment employees need not be displayed.
Reserved.
4.56.160 Grounds for denial, probation, and disciplinary action.
In addition to any provisions contained in this chapter, the provisions of Section 4.04.140 shall apply to licenses and permits required under this chapter. Any circumstances constituting grounds for denial shall also constitute grounds for revocation, suspension or disciplinary action.
Reserved.
4.56.170 Hearing.
Any licensee or permittee whose license or permit has been suspended or revoked shall proceed pursuant to the appeal and hearing provisions of Chapter 4.04.
Reserved.
4.56.180 Application to existing establishments and employees.
Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 45 Packet Pg. 538 of 828
NOT YET APPROVED
41 147_202511117_ts24
All operators of existing hot tub/sauna establishments, and all hot tub/sauna establishment employees in the city upon the effective date of this chapter shall comply with all application and other requirements within thirty days following the effective date of this chapter.
Reserved.
4.56.190 Application of other code provisions.
Chapter 4.04 shall apply to the subject matter of this chapter in all respects, including those not specifically mentioned in this chapter.
Reserved.
4.56.200 Employment of persons under the age of eighteen years prohibited.
No licensee shall employ, hire or retain the services of any individual who is under the age of eighteen years old. No licensee shall knowingly employ, hire or retain the services of, or continue to employ or retain, any individual who has been convicted of any of the offenses set forth in subsection (b) of Section 4.56.060, or who has failed to obtain the permit required by Section 4.56.060.
Reserved.
SECTION 4. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 5. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the CEQA Guidelines, because it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment.
Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 46 Packet Pg. 539 of 828
NOT YET APPROVED
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SECTION 6. This ordinance shall be effective 31 days after adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Chief of Police
Item 14
Attachment A - Ordinance
Amending PAMC Chapters
4.54 and 4.56 to update
regulation of massage
practitioners, businesses,
hot tubsauna businesses
Item 14: Staff Report Pg. 47 Packet Pg. 540 of 828
*NOT YET APPROVED*
1 146_20251114_ts24
Resolution No. _____
Resolution of the Council of the City of Palo Alto Amending and Restating the Administrative Penalty Schedule and Civil Penalty Schedules for Certain Violations of the Palo Alto Municipal Code
The Council of the City of Palo Alto RESOLVES as follows:
SECTION 1. Administrative Penalties. The administrative penalty schedule for violations of the Palo Alto Municipal Code established by Resolution No. 10144 is hereby amended and restated to read as follows (edited sections underlined, deleted sections in strikethrough):
Standard penalty unless otherwise indicated below. $50
Second violation within 36 month period 150% of listed penalty (unless otherwise specified)
Third & subsequent violations within 36 month period. 200% of listed penalty (unless otherwise specified)
Delinquency penalty. 10% per month, simple interest, on delinquent amount
4.04.020 License or permit required. 300
4.04.100 Display of license or permit. 300
4.10.045 License fees for pushcart vendors. 300
4.10.050 Regulations for solicitors and peddlers. 350
4.10.055 Identification cards for solicitors. 250
4.10.057 Regulations for pushcart vendors. 300
4.10.070 License required - circus etc. 300
4.10.120 Arcade prohibited. 250
4.10.200 Pawn brokers prohibited. 250
4.10.230 Daily report of second hand dealers. 250
4.10.240 Maintaining reports - second hand dealers. 250
4.10.260 Failure to make report - second hand dealers. 250
4.10.270 Second hand goods held for inspection. 250
4.18.040 Unlawful dog or cat kennel. 250
4.30.010 Soliciting without a permit. 250
4.30.100 Conduct of solicitations. 250
4.32.020 Soliciting without a permit. 250
4.32.060 Investigation of records of solicitor. 250
4.32.090 Acts required during solicitation. 250
4.32.100 Restriction of solicitation. 250
4.32.110 Hours of solicitation. 250
4.34.020 Permit required - closing out sale. 250
4.39.030 Audible alarms. 250
4.39.040 Limitation on automatic dialing devices. 250
4.39.060 Registration of alarm. 250
4.39.110 Alarm violations. 100
Item 14
Attachment B - Resolution
Amending the Admin
Penalty Schedule to adjust
the numbering of some
penalties and delete
penalties for sections no
longer in use
Item 14: Staff Report Pg. 48 Packet Pg. 541 of 828
*NOT YET APPROVED*
2 146_20251114_ts24
4.42.020 Certificate of public convenience. 1000
4.42.085 Controlled substance and alcohol testing. 500
4.42.090 Taxi owners permit. 5000
4.42.100 Taxi drivers permit expired. 250
4.42.130(b) Taxi drivers permit not displayed. 250
4.42.190 Taximeters. 500
4.42.200 Taxi cab operating regulations. 250
4.42.210(a) Interference with inspection. 500
4.42.210(b) Inspection of vehicles. 500
4.42.220 Operating regulations. 500
4.42.230 Maintenance of vehicles. 500
4.51.030 License required - bingo. 250
4.51.050 Minors restricted - bingo. 50
4.51.080 Staffing and operations - bingo. 250
4.51.110 Physical presence required - bingo. 250
4.52.020 License required - billiards and bowling. 1000
4.52.040 Minors restricted - billiards and bowling. 250
4.52.060 Offensive conduct - billiards and bowling. 250
4.52.070 Interference w/emerg. Access -billiards/bowling. 250
4.54.060 CAMTC cert. required - massage tech. 250
4.54.080(a) Permit required - massage establishment. 1000
4.54.080(b)-(d) Prohibited conduct – massage establishment 250
4.54.130 Failure to amend massage estab. permit 100
4.54.140 Massage establishment facilities. 250
4.55.030 License required - adult entertainment. 1000
4.56.030 License required - hot tub and sauna. 1000
4.56.060 Employee permit required - hot tub and sauna. 250
4.56.100 Hot tub/sauna establishment and operations. 250
4.56.120 Business name - hot tub and sauna. 250
4.56.150 Display of permit - hot tub and sauna. 250
4.56.200 Employment of persons < 18 - hot tub and sauna. 250
4.57.020 Permit required - firearms sales. 1000
4.57.095 Firearms dealers – business and security. 500
4.58.020 Minors restricted - narcotics paraphernalia shop. 750
4.58.030 Regulations - narcotics paraphernalia shop. 750
4.59.010 Pet shop requirements. 250
4.59.020 Pet shop sanitation. 250
4.59.030 Pet shop food. 250
4.59.040 Pet shop notification. 250
4.59.050 Pet shop - sale of dangerous or wild animals. 250
4.59.070 Dead animals. 250
4.59.080 Permit required - pet shop and kennel. 250
4.59.090 Permit required - grooming shop. 250
4.59.095 Sales of kittens and puppies. 250
4.59.100 Sales of raccoons. 250
4.59.105 Sales of rabbits, chicks, ducklings. 250
4.60.030 Business registration required 250
4.60.060 Business registry application required 250
4.60.120(a) Business registry fee delinquency 50% of registry fee if 1-30 days late 100% of fee or 31+ days late
5.12.010 Permit required - refreshment stand. 250
5.20.030 Discarding solid waste. 250
5.20.040 Accumulation of garbage. 250
Item 14
Attachment B - Resolution
Amending the Admin
Penalty Schedule to adjust
the numbering of some
penalties and delete
penalties for sections no
longer in use
Item 14: Staff Report Pg. 49 Packet Pg. 542 of 828
*NOT YET APPROVED*
3 146_20251114_ts24
5.20.050 Unauthorized bins, boxes, containers-first violation. 500 Second and subsequent violations. 1000
5.20.080 Number of containers required. 250
5.20.090 Collection of recyclable materials. 250 for Commercial Premises 50 for Residential Premises
5.20.100 Collection of compostable materials. 250 for Commercial Premises 50 for Residential Premises
5.20.105 Contamination of containers. 250 for Commercial Premises 50 for Residential Premises
5.20.108 Multifamily properties/Commercial premises. 250
5.20.109 Requirements for special events. 100
5.20.111 Self-haul in violation of code 100
5.20.120 Improper container condition. 250
5.20.130 Maintenance of bins and boxes- first violation. 250 Second and subsequent violations. 500
5.20.160 Spillage or leakage of solid waste. 250
5.20.180 No accumulation of solid waste. 250
5.20.190 No burning, burial, or dumping of solid waste. 250
5.20.200 Hazardous waste. 500
5.20.220 Scavenging prohibited. 100
5.30.020 Polystyrene & Non-Recyclable Plastic. 500
5.30.025(a)-(d) Limitation on use of Disposable Foodware items 100 and other Disposable products.
5.30.025(e) Prohibition of third-party vendors providing utensils 350 or condiments unless requested by customer.
5.35.020 Bags at retail establishments. 500
5.35.030 Bags at supermarkets. 500
6.08.020(b) Interference with animal control officer. 250
6.16.010 No dog license. 50
6.16.080 Number of dogs allowed. 100
6.16.100 Leash Law. 100
6.20.010 Animals at large. 100
6.20.020 Animals on unenclosed premises. 100
6.20.030 Animals kept in enclosures. 100
6.20.035 Tying animals to bicycle racks or trees. 100
6.20.040 Nuisance on sidewalk. 100
6.20.045 Animal waste removal - first offense. 25
6.20.045 Animal waste removal - second offense. 50
6.20.045 Animal waste removal - third offense. 125
6.20.055 Animals in vehicles. 250
6.20.060 Bees close to property line. 100
6.20.080 Permit required - livestock. 100
6.20.090 Maintaining birds, goats, pigs and rabbits. 100
6.20.110 Number of cats kept. 100
6.20.120 Permit required - breeding animals. 100
6.20.130 Cat or dog in heat. 100
6.20.140 Barking dogs. 100
6.20.150 Vaccination required - animals. 100
6.20.160 Sanitary enclosures. 100
6.20.170 Slaughter of animals. 500
6.24.020 Permit required - construction of stable. 250
6.24.050 Maintenance of stable. 250
6.28.040 Possession of dangerous or wild animals. 500
Item 14
Attachment B - Resolution
Amending the Admin
Penalty Schedule to adjust
the numbering of some
penalties and delete
penalties for sections no
longer in use
Item 14: Staff Report Pg. 50 Packet Pg. 543 of 828
*NOT YET APPROVED*
4 146_20251114_ts24
6.32.010 Keeping diseased animals. 500
6.32.020 Confining animals with rabies. 500
6.32.050 Dead animals in public. 500
6.36.010 Sales of certain animals. 250
8.04.020 Unauthorized removal of public trees 5000 per tree or reproduction cost up to 10,000, whichever is greater
8.04.020(a) Failure to comply with permit 500 per tree
for work on public trees.
8.04.020(a) Damage to public trees 150 per inch diameter of damaged tree part
8.04.020(b) Fasten a sign, wire, or injurious material 250 per tree to any public tree.
8.04.020(c) Excavate or pave near public trees 500 per tree
8.04.080 Interference with tree enforcement. 500
8.08.010 Weeds as public nuisance. 250
8.10.040 Failure to disclose protected tree 500 per tree
8.10.050 Unauthorized removal of protected tree 5000 per tree or reproduction cost up to 10,000, whichever is greater
8.10.055 Failure to comply with tree replacement. 750 per tree
8.10.070 Failure to care for protected trees. 500 per tree
8.10.080(b) Failure to comply with development conditions. 500 per condition
9.04.010 Open container in business district. 100
9.04.020 Open container in City parking lot. 100
9.04.030 Open container near liquor store. 100
9.04.040 Social host. First violation 250
Second violation 500
Third & subsequent violation 1000
9.07.020 Safe Storage of Firearms 1000
9.08.010 Discharge of firearms/fireworks. 1000
9.09.010(a) Urinating/defecating on street or public place. 250
9.09.010(b) Igniting or maintaining outdoor fire. 250
9.10.030 Residential property noise limits. 100
9.10.040 Commercial property noise limits. 100
9.10.050 Public property noise limits. 100
9.10.060(b) Construction noise signs. 250
9.10.060(c) Construction noise. 250
9.10.060(d) Construction equipment noise. 100
9.10.060(e) Residential power equipment noise. 100
9.10.060(f) Leaf blower noise- first violation. 250
Leaf blower noise- second violation 500
Leaf blower noise- third and subsequent violation 1000
9.10.060(g) Street sweeping noise. 100
9.10.060(h) Refuse collection noise. 100
9.10.060(i) Safety device noise. 100
9.10.060(k) Public parking lot cleaning noise. 100
9.10.060(l) Business district street cleaning noise. 100
9.12.010 Loudspeakers. 150
9.14.020 Smoking prohibited - enclosed places. 250 (2nd violation in 1 year: $300; 3rd and subsequent violations
in 1 year: $500)
9.14.025 Smoking prohibited – unenclosed areas. 250 (2nd violation in 1 year: $300; 3rd and subsequent violations
Item 14
Attachment B - Resolution
Amending the Admin
Penalty Schedule to adjust
the numbering of some
penalties and delete
penalties for sections no
longer in use
Item 14: Staff Report Pg. 51 Packet Pg. 544 of 828
*NOT YET APPROVED*
5 146_20251114_ts24
in 1 year: $500)
9.14.030 Smoking prohibited - city cars. 250 (2nd violation in 1 year: $300; 3rd and subsequent violations
in 1 year: $500)
9.14.035 Smoking prohibited – public parks and public events 250 (2nd violation in 1 year: $300; 3rd and subsequent violations
in 1 year: $500)
9.14.040 Smoking prohibited - child care facilities. 250 (2nd violation in 1 year: $300; 3rd and subsequent violations
in 1 year: $500)
9.14.050 Smoking prohibited – commercial areas
and public events. 250 (2nd violation in 1 year: $300;
3rd and subsequent violations
in 1 year: $500)
9.14.080 Location of tobacco vending machines. 1000
9.14.090 Display of tobacco products. 500
9.14.100 Failure to post “No Smoking” signs. 50
9.22.010 Impersonating public officials. 500
9.26.020 False representation as police officer. 250
9.28.010 Hotel guest register required. 250
9.28.020 Use of false name by hotel guest. 50
9.40.020 Landing aircraft at other than airport. 1000
9.44.010 Solicitation prohibited - public parking lot. 100
9.48.010 Displaying goods on sidewalk. 50
9.48.025 Sitting or lying on University Avenue sidewalks. 100
9.48.030 Operation of sidewalk elevator. 500
9.48.040 Throwing rubbish on streets. 250
9.48.050 Obligation to clean sidewalk. 200
9.50.010 Graffiti prohibited on public property. 500
9.56.030 Abatement of public nuisance. 500 unless otherwise specified
9.56.030(a)(5) Thirty-five foot site triangle. 200
9.56.030(a)(8) Foliage/branch obstruction. 200
9.56.030(a)(10) Excessive planting strip vegetation height. 150
9.60.030 Blocking entrances to City Hall. 500
9.60.050 Placing signs or climbing on City Hall. 500
9.60.060 Bicycles and skateboards at City Hall. 50
9.60.070 Alcoholic beverages prohibited - City Hall. 100
9.64.010 Overnight use of community facilities 250
9.74.030 Discrimination in housing. 250
9.78.020 Mosquito breeding places. 500
9.79.100 News rack violations. 100
12.08.010 Permit required - public right of way. 500
12.08.100 Removal of City Engineer monuments. 500
12.11.010 Building parklet on public right-of-way without 1000 permit
12.11.060 Violation of Chapter 12.11, permit, or regulations 500
12.12.010 Building on public easement without or in violation 1000 of encroachment permit
12.12.020 Failure to obtain or violation of commercial 500 sidewalk encroachment permit
12.16.030 Overhead wires in underground districts. 500
12.16.090 Property owner responsibility. 500
12.20.010 Utility rules and regulations 500 unless otherwise specified Item 14
Attachment B - Resolution
Amending the Admin
Penalty Schedule to adjust
the numbering of some
penalties and delete
penalties for sections no
longer in use
Item 14: Staff Report Pg. 52 Packet Pg. 545 of 828
*NOT YET APPROVED*
6 146_20251114_ts24
12.20.010 Emergency water conservation regulations 100 (2nd violation in 1 year: $250; (Reso. Nos. 9509, 9460, 9449) 3rd and subsequent violations in 1 year: $500)
12.20.020 Providing false information to City Utilities. 500
12.32.010 Water use regulation. 100
15.04.070 Violations of Uniform Fire Code. 500 unless otherwise specified
16.04.050 Violations of California Building Code as amended. 500 unless otherwise specified
16.05.040 Violations of California Mechanical Code as amended500
16.06.050 Violations of California Residential Code as amended.500
16.08.040 Violations of California Plumbing Code as amended. 500
16.09.200260 Violations of Sewer Use Ordinance 1000
16.10.020 Construction of private sewer system. 750
16.10.050 Permit required - private sewage system. 500
16.11 (All Sections) Violations of the Stormwater Pollution Prevention Ordinance 1000
16.13 (All Sections) Violations of the Food Facilities Ordinance 1000
16.14.040 Violations of California Green Building 500
Standards Code as amended
16.14.260 Failure to meet diversion requirements. $150 per ton of waste not diverted or $3000, whichever is
greater
16.14.370 Failure to meet diversion requirements. $150 per ton of waste not diverted or $3000, whichever is
greater
16.16.060 Violations of California Electrical Code as amended. 500
16.17.020 Violations of California Energy Code as amended. 500
16.18.020 Violations of International Pool and Spa Code as 500 amended
16.20.020 Design review required - signs. 500
16.20.090 Prohibited signs. 250
16.20.100 Prohibited locations - signs. 250
16.20.110 Fuel price signs required. 250
16.20.210 Non-compliance with sign ordinance. 250
16.20.230 Abandoned signs. 250
16.20.250 Parking of advertising vehicles. 250
16.24.080 Fence violation. 250
16.28.060 Permit required - excavation and grading. 500
16.28.330 Protection of adjacent property. 500
16.28.340 Deposits of earth, rock, etc. 500
16.32.010 Permit required - moving a building. 250
16.36.050 Curb painting without a permit. 100
16.36.060 House numbering required. 100
16.38.020 Certificate of occupancy – community housing. 500
16.40.040 Dangerous and substandard buildings. 500
16.40.090 Non-compliance with order of building official. 500
16.40.180 Interference with repair or demolition work. 500
16.42.090 Failure to submit seismic report. 250
16.45.070 Failure to pay fee - Stanford Research Park. 250
16.46.060 Failure to pay fee - San Antonio - West Bayshore. 250
16.47.050 Failure to pay housing impact fee. 250
16.49.050 Exterior alteration of downtown historic structures 10000 or a significant structure outside the downtown
without or in violation of permit
Item 14
Attachment B - Resolution
Amending the Admin
Penalty Schedule to adjust
the numbering of some
penalties and delete
penalties for sections no
longer in use
Item 14: Staff Report Pg. 53 Packet Pg. 546 of 828
*NOT YET APPROVED*
7 146_20251114_ts24
16.49.060 Demolition of a significant downtown building 10000 without or in violation of permit
16.49.070 Demolition of a contributing downtown structure 10000 or significant structure outside the downtown
without or in violation of permit
16.49.080 Maintenance of downtown historic structure. 10000
16.49.090 Demolition of downtown historic structure. 10000
16.52.070 Construction - flood hazards. 500
16.59.090 Failure to pay fee- Citywide Transportation Impact. 250
16.60.090 Failure to pay fee- Charleston/Arastradero. 250
16.62.020 Maintenance of expired building permit 200 for 31st through 60th day 400 for 61st through 120th day
800 for 121st day and thereafter
16.66 (All Sections) Violations of Hauled Liquid Waste 1000 Ordinance
17.04.020 Violations of hazardous materials storage. 500, unless otherwise specified
17.04.030 Specific obligation - hazardous materials. 500
17.10.010 General obligation - underground storage tanks. 750 unless otherwise specified
17.10.040 Permit required - underground storage. 500
17.10.140 Financial responsibility - underground storage. 500
17.10.150 Monitoring underground storage tanks. 1000
17.10.170 Unlawful abandonment - underground storage tanks.1000
17.12.010 Permit required - hazardous materials storage. 750
17.12.020 New hazardous materials storage facilities. 750
17.12.060 Hazardous materials storage facilities. 750
17.16.010 Hazardous materials management plan. 250
17.20.010 Hazardous materials inventory statement. 250
17.24.010 Hazardous materials discharge report. 750
17.32.010 Permit required - storage of hazardous materials. 1000
18.01.080 Violation of zoning laws. 500
18.16.060(d)Hotel stay in excess of 30 days. 200
18.38.020 Planned Community zoning (unless otherwise 500 specified in PC ordinance) 2500 beginning the 181st day following notice of violation
Violations of Ordinance 5069 shall be subject to the penalties listed above except that the penalty for violations of Sections 4(b)(1),
(2), (6), and (7) of Ordinance 5069
shall not be subject to the
penalties above or to the
escalators for second, third and
subsequent violations, but shall be
$2157 per day, for each and every
day that a grocery store is not in
operation within College Terrace
Centre in accordance with the
terms of Ordinance 5069. (The City
Council intends to adjust this
penalty amount periodically in
future updates to this
administrative penalty schedule to
account for periodic increases in
the Consumer Price Index for All
Item 14
Attachment B - Resolution
Amending the Admin
Penalty Schedule to adjust
the numbering of some
penalties and delete
penalties for sections no
longer in use
Item 14: Staff Report Pg. 54 Packet Pg. 547 of 828
*NOT YET APPROVED*
8 146_20251114_ts24
Urban Consumers.) In calculating
the penalties for such violations,
the City will allow for a grace
period for any daily violations that
do not exceed six (6) cumulative
months in any five (5) year period.
However, this grace period was
previously applied to violations
from 1/10/18 through 7/10/18, so
there is no entitlement to any
further grace period prior to
1/10/23.
18.42.060(a)Incompatibility of home occupations. 200
18.42.060(b) Employees of home occupation. 200
18.42.060(c) On site advertising of home occupation. 200
18.42.060(d) Floor area of home occupation. 200
18.42.060(e) Traffic related to home occupation. 200
18.42.060(f) Home occupation as nuisance. 200
18.42.060(g) Outdoor storage related to home occupation. 200
18.42.070 Servicing vehicles in residential zone. 250
18.52.050 Transportation demand management conditions 1000 4000 beginning the 181st day
following notice of violation
18.84.200 Temporary uses. 250
22.04.030 Compliance with park regulations. 46 for violation of regulation R1-6 requiring payment of Foothills Park
entry fee; 250 for violation of all
other Park & Open Space
Regulations.
22.04.040 Failure to obtain use permit. 300
22.04.150(b) Entry at unapproved location - Foothills Park 50
22.04.150(c) Person in park after hours - Foothills Park. 250
22.04.150(d) Speed limit 20MPH - Foothills Park. 250
22.04.150(e) Vehicles in Foothills Park after hours. 100
22.04.150(f) Skateboards and motorcycles - Foothills Park. 250
22.04.150(g) Smoking on trails - Foothills Park. 1000
22.04.150(h) Fires in Foothills Park. 1000
22.04.150(i) Use of trails - Foothills Park. 100
22.04.150(l) Unleashed dog - Foothills Park. 250
22.04.155 Restraint of dogs in City parks. 250
22.04.160 Permit required - sales in parks. 250
22.04.170 Violation of park use permit. 250
22.04.180 Sound in parks. 250
22.04.190 Unauthorized golf and other games in parks. 250
22.04.200 Unauthorized models and kites in parks. 100
22.04.210 Parking in parks. 100
22.04.215 Launch and takeout from ramp or dock. 250
22.04.220 Bicycle not permitted on trails. 250
22.04.230 Dumping in park. 1000
22.04.240 Interference with park use permit. 250
22.04.250 Park regulations . 250 unless otherwise specified
22.04.260 Discharge of weapons in park. 500
22.04.270 Removal of flora or fauna. 500
Item 14
Attachment B - Resolution
Amending the Admin
Penalty Schedule to adjust
the numbering of some
penalties and delete
penalties for sections no
longer in use
Item 14: Staff Report Pg. 55 Packet Pg. 548 of 828
*NOT YET APPROVED*
9 146_20251114_ts24
22.04.280 Removal of turf or soil. 500
22.04.290(a) Damaging, defacing, etc., property. 1000
22.04.290(b) Marking, writing or printing on property. 1000
22.04.290(c) Attaching sign, etc., without permit. 500
22.04.290(d) Entering, etc., structure after posted hours. 250
22.04.290(e) Bringing portable tables without a permit. 100
22.04.300 Unlawful fire in city park. 1000
22.04.310 Enid Pearson Arastradero, Esther Park closure. 250
22.04.315 Byxbee Park and Baylands closed. 250
22.04.320 Parks closed. 250
22.04.321(a)Skateboarding in park after hours. 50
22.04.322 Trespass at Rinconada Park pool. 50
22.04.330 Alcohol in Cogswell Park. 250
22.04.331 Alcohol in Lytton Plaza. 250
22.04.332 Alcohol in Johnson Park. 250
22.04.333 Alcohol in Boulware Park. 250
22.04.334 Alcohol in Scott St. Minipark. 250
22.04.335 Alcohol in Greer Park. 250
22.04.336(a)Alcohol in Rinconada Park. 250
22.04.337 Alcohol in Mitchell Park. 250
22.04.338 Alcohol in Robles Park. 250
22.04.339 Alcohol in Hopkins Park. 250
22.04.340 Vehicles in park. 250
22.04.341 Alcohol in El Palo Alto Park. 250
22.04.342 Alcohol in Heritage Park. 250
22.04.343 Alcohol in Pardee Park. 250
22.04.350 Consumption of alcoholic beverage in vehicles. 250
22.04.360 Open container in park - alcoholic beverage. 250
22.04.370 Reckless driving in park. 250
22.04.380 Unlawful riding and towing in parks. 250
22.04.390 Duck pond. 100
SECTION 2. Municipal Code Civil Penalties. The civil penalty schedule for violations of the Palo Alto Municipal Code established by Resolution No. 10144 is hereby restated to read as follows*:
Standard penalty unless otherwise indicated below. $46
10.36.020 No parking in parkways. 46
10.36.030(a)Storage on the street (72 hours). 86
10.36.040(a)(1)Vehicle for sale on street. 46
10.36.040(a)(2)Repairing vehicle on street. 46
10.36.050 Not w/in 18” of left curb--One-way street. 46
10.36.090 Removal of chalk markings. 111
10.40.020(a)(1)Parking violation – red curb. 46
10.40.020(a)(4)Parking violation – green curb. 46
10.40.020(a)(5)Parking violation – blue curb. 308
10.40.020(b)Parking in violation of sign (except blue curb). 46
10.40.020(b)Unlawful disabled parking - signs (blue curb). 308
10.40.040(b)Commercial vehicle double parking. 46
10.40.050 Unlawful parking in yellow loading zone. 46
10.40.060 Unlawful parking in passenger loading zone. 46
10.40.070 Unlawful alley parking. 46
Item 14
Attachment B - Resolution
Amending the Admin
Penalty Schedule to adjust
the numbering of some
penalties and delete
penalties for sections no
longer in use
Item 14: Staff Report Pg. 56 Packet Pg. 549 of 828
*NOT YET APPROVED*
10 146_20251114_ts24
10.40.100(g)Parking in a bus zone. 46
10.44.010(b)Overtime parking (limited time zone). 41
10.44.010(c)Additional violation of time limited or no 44 parking zones.
10.44.020(a)Oversized vehicle parking in residential or 46 public facilities zones 2am-6am.
10.44.040(b)Not in space marking. 46
10.44.050(b)Parking violation--temporary sign. 46
10.44.060 Dealers--parking for sale or repair. 46
10.44.070(b)Parking in violation of posted sign. 46
10.44.080 Vehicle obstruction of roadway or lot. 46
10.44.090 Unattended vehicle, engine running. 111
10.45.110 Parking in on-street valet parking space. 46
10.46.110 Overtime residential parking permit (CT) 53
10.48.030 Truck route violation. 211
10.50.100(a)Violation of posted RPP permit sign 53
10.60.070(c)Permit not properly displayed. 41
10.60.070(d)Overtime permit parking in City lot. 41
10.60.070(e)Parking without permit in permit area. 46
22.04.150(e)In Foothills Park after hours. 111
22.04.210 Parking in parks. 111
Late payment penalty. 35
Collection cost penalty. 35% of listed penalty
*All penalties include state-mandated assessments pursuant to Gov’t. Code 76000, S.B 1407(2008), and Government Code 76000.3 (S.B. 857, 2008) totaling $12.50.
SECTION 3. Vehicle Code Civil Penalties. The civil penalty schedule for violations of the California Vehicle Code established by Resolution No. 10144 is hereby restated to read as follows*:
5200 No front license plate. $78
(If corrected within 31 days) 10 (state mandated)
5204(a) No registration tabs on license plate. 78
(If corrected within 31 days) 10 (state mandated)
21113(a) Parking on public grounds. 46
22500(a) Parking in an intersection. 46
22500(b) Parking in a crosswalk. 46
22500(d) Parking w/in 15 feet--fire station driveway. 46 22500(e) Blocking driveway. 46
22500(f) Parking on sidewalk. 46
22500(g) Parking or stopping--excavation site, etc. 46
22500(h) Double parking on roadway. 46
22500(i) Parking in a bus zone. 261
22500(l) Parking in front of accessible curb. 303
22500.1 Parking in a fire lane (public or private). 46
22502 Right hand wheels not w/in 18” of rt. curb. 46
22505(b) Parking on state highway violation. 46
22507.8(a-b)Unlawful parking in handicapped space. 303
22507.8(c)(1-2)Straddling Lines/Cross hatched, disabled. 303 22511.57(a) Parking/standing of vehicle in disabled parking $753 stall or space with invalid license/placard.
Item 14
Attachment B - Resolution
Amending the Admin
Penalty Schedule to adjust
the numbering of some
penalties and delete
penalties for sections no
longer in use
Item 14: Staff Report Pg. 57 Packet Pg. 550 of 828
*NOT YET APPROVED*
11 146_20251114_ts24
22511.57(b) Unauthorized use of license/placard for vehicle $753 parking/standing in disabled parking stall or space.
22511.57(c) Parking/standing of vehicle in disabled parking $753 stall or space with counterfeit, forged, altered or
mutilated license/placard for disabled.
22514 Parking within 15 feet of fire hydrant. 46
22515 Unattended vehicle, engine running. 111
22516 Person locked in vehicle. 111
22521 Parking within 7 1/2 feet of railroad tracks. 46
22522 Parking near sidewalk access ramp. 303
22523(a) Unlawful abandonment of vehicle on highway. 131 22523(b) Abandoned vehicle--public/private property. 131 22526 Entering/blocking intersection – anti-gridlock. 131 22951 No street, alley parking--patron vehicles. 46
*All penalties include state-mandated assessments pursuant to Gov’t. Code 76000, S.B 1407(2008), and Government Code 76000.3 (S.B. 857, 2008) totaling $12.50.
SECTION 4. The Council finds that the adoption of this resolution does not meet the definition of a project under Public Resources Code Section 21065, thus, no environmental assessment under the California Environmental Quality Act is required. //
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Item 14
Attachment B - Resolution
Amending the Admin
Penalty Schedule to adjust
the numbering of some
penalties and delete
penalties for sections no
longer in use
Item 14: Staff Report Pg. 58 Packet Pg. 551 of 828
*NOT YET APPROVED*
12 146_20251114_ts24
SECTION 5. The changes made in this Resolution shall be effective upon the effective date of the ordinance amending PAMC Chapter PAMC 4.54 and 4.56 introduced on the same date (December 1, 2025) as this Resolution.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
________________________________ ________________________________ City Clerk Mayor
________________________________ ________________________________ City Attorney or Designee City Manager
________________________________
Chief of Police
Item 14
Attachment B - Resolution
Amending the Admin
Penalty Schedule to adjust
the numbering of some
penalties and delete
penalties for sections no
longer in use
Item 14: Staff Report Pg. 59 Packet Pg. 552 of 828
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: December 1, 2025
Report #:2511-5426
TITLE
SECOND READING: Ordinance Repealing Chapter 15.04 of the Palo Alto Municipal Code and Adopting a New Chapter 15.04, the California Fire Code (2025 Edition) With Local Amendments and Related Findings (FIRST READING: 11/3/2025, PASSED 6-0-1, Veenker absent)
BACKGROUND
The City Council heard this item on 11/3/2025 for a first reading and approved it on a 6-0-1, Veenker absent vote. No changes were made to the ordinance, and it is now before the City Council for a second reading.
ATTACHMENTS
Attachment A: Ordinance Repealing Chapter 15.04 of the Palo Alto Municipal Code and Adopting a New Chapter 15.04, the California Fire Code (2025 Edition) With Local Amendments and Related Findings
APPROVED BY:
Mahealani Ah Yun, City Clerk
Item 15
Item 15 Staff Report
Item 15: Staff Report Pg. 1 Packet Pg. 553 of 828
NOT YET APPROVED
1 20251017_ms29
Ordinance No. ____
Adoption of an Ordinance Repealing Chapter 15.04 of the Palo Alto Municipal Code and Adopting a New Chapter 15.04, the California Fire Code (2025 Edition) With Local Amendments and Related Findings
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Title 15 of the Palo Alto Municipal Code is hereby amended by repealing in its entirety Chapter 15.04 and enacting a new Chapter 15.04 to read as follows:
CHAPTER 15.04
CALIFORNIA FIRE CODE,
CALIFORNIA CODE OF REGULATIONS, TITLE 24, PART 9
Sections
15.04.010 2025 California Fire Code, Title 24, Part 9 adopted and amended.
15.04.020 Local Amendments.
15.04.030 Section 102.5 Application of residential code.
15.04.040 Section 103.2 Appointment.
15.04.050 Sections 105.3.9 Permits/Permit fees.
15.04.060 Table 105.5.9 Permit amounts for compressed gases.
15.04.070 Table 105.5.22 Permit amounts for hazardous materials.
15.04.080 Section 105.5.25 and Sections 105.5.55 through 105.5.59 Operational permits.
15.04.090 Section 105.6.13 Hazardous materials and Section 105.6.26 Construction permits.
15.04.100 Reserved
15.04.110 Section 108.7 Certified Unified Program Agency Fees.
15.04.120 Section 109.1 Inspection authority.
15.04.130 Section 104.1.1 Enforcement/citation authority.
15.04.140 Section 113.4 Violation penalties.
15.04.150 Definitions Section 202
15.04.160 Section 316.7 Roof guiderails at interior courts.
15.04.170 320.3.13 Safety certification.
15.04.180 Section 322.6 Fire protection system.
15.04.190 Section 401.5 Making false report.
15.04.200 Section 503.1 Fire access roadways.
Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 2 Packet Pg. 554 of 828
NOT YET APPROVED
2 20251017_ms29
15.04.210 Section 503.2.1 Dimensions.
15.04.220 Section 503.2.2 Authority.
15.04.230 Section 504.5 Access control devices.
15.04.240 Section 505.1.1 and 505.1.2 Premises identification.
15.04.250 Section 509.1.2 Fire protection equipment identification.
15.04.260 Sections 603.10 through 603.12.
15.04.270 Section 4103.1.2.1.1 Prohibitive locations.
15.04.280 Section 903.2 Automatic sprinkler systems, where required.
15.04.290 Section 903.3.1.1 NFPA 13 sprinkler systems.
15.04.295 Section 903.3.1.1.5 Increase in fire sprinkler design criteria.
15.04.300 Section 903.3.1.2 NFPA 13R sprinkler systems.
15.04.310 Section 903.3.1.3 and 903.3.1.3.1 NFPA 13D sprinkler systems.
15.04.320 Section 903.3.10 Floor control valves.
15.04.330 Section 905.3.1 Height.
15.04.340 Section 909.20.7 Maintenance and operational schedule.
15.04.350 Section 1008.3 Illumination required by an emergency electrical system.
15.04.360 Section 1031.2 Where required.
15.04.370 Section 1207.1.5 Large-scale fire test.
15.04.375 Section 1207.5.2 Maximum allowable quantities.
15.04.380 Section 1207.11.3 Location.
15.04.390 Section 3303.7 Fire walls.
15.04.400 Section 3307.1.2 and 3307.1.4.
15.04.410 Reserved.
15.04.420 Reserved.
15.04.430 Reserved.
15.04.435 Section 4103.1 Portable unvented heaters.
15.04.440 Section 5001.2.2.2 Health Hazards.
15.04.450 Section 5001.7 Hazard materials management plan electronic submissions.
15.04.460 Section 5003.1.3.1 Toxic, highly toxic, moderately toxic gases and similarly used or handled materials.
15.04.470 Section 5003.1.5 Other health hazards including carcinogens,irritants and sensitizers.
15.04.480 Section 5003.1.6 Additional secondary containment requirements.
15.04.490 Section 5003.2.2.1 Design and construction.
15.04.500 Section 5003.2.2.2 Additional regulations for supply piping for health hazard materials.
Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 3 Packet Pg. 555 of 828
NOT YET APPROVED
3 20251017_ms29
15.04.510 Section 5003.3.1 Unauthorized discharges.
15.04.520 Section 5003.5.2 Ventilation ducting.
15.04.530 Section 5003.5.3 “H” Occupancies.
15.04.540 Section 5003.9.11 Fire extinguishing systems for workstations dispensing, handling or using hazardous materials.
15.04.550 Section 5003.10.4 Elevators utilized to transport hazardous materials.
15.04.560 Section 5004.2.1 Spill control for hazardous material liquids.
15.04.570 Sections 5004.2.2 and 5004.2.2.2 and Table 5004.2.2 Secondary containment for hazardous material liquids and solids.
15.04.580 Section 5004.2.3 Containment pallets.
15.04.590 Section 5704.2.7.5.8 Overfill prevention.
15.04.600 Section 5704.2.7.5.9 Automatic and/or remote filling of tanks.
15.04.610 Reserved.
15.04.620 Section 6001.1 Site scope.
15.04.630 Section 6002.1 Definitions.
15.04.640 Section 6004.1 Highly toxic, moderately toxic, and toxic compressed gases.
15.04.650 Sections 6004.2 and 6004.2.1 Indoor storage and use.
15.04.660 Section 6004.2.1.1 and Table 6004.2.1.1 Quantities.
15.04.670 Section 6004.4 through 6004.4.8.2 General indoor requirements.
15.04.010 2025 California Fire Code, Title 24, Part 9 adopted and amended.
The California Fire Code, 2025 Edition, as adopted by the California Code of Regulations Title 24, Part 9, and Appendices B, C, D, E, F, G, H, and K is adopted as herein amended. One copy of the California Fire Code is on file and open to public inspection in the Office of the City Clerk.
Additional copies of the secondary codes set forth within the California Fire Code, and the amendments set forth in this chapter, are on file and open to public inspection in the fire department administrative office.
Whenever the phrase “California Fire Code” appears in this code or in any ordinance of the city, such phrase shall be deemed and construed to refer to and apply to the “California Fire Code, 2025 Edition” as adopted by the California Code of Regulations Title 24, Part 9 and as adopted and amended by this chapter.
15.04.020 Local Amendments.
The provisions of this Chapter shall constitute local amendments to the cross-referenced provisions of the California Fire Code, 2025 Edition, and shall be deemed to replace the cross-referenced sections of said Code with the respective provisions set forth in this Chapter. Where used in this Chapter 15.04, ellipses shall indicate text of the California Fire Code, 2025 Edition, that has been Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 4 Packet Pg. 556 of 828
NOT YET APPROVED
4 20251017_ms29
adopted without amendment but is omitted for brevity.
15.04.030 Section 102.5 amended - Application of residential code.
Section 102.5 of the California Fire Code is amended to read as follows:
102.5 Application of residential code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows:
1. Construction and design provisions:
a. Provisions of this code pertaining to the exterior of the structure shall apply, including, but not limited to, premises identification, fire apparatus access, and water supplies.
b. Provisions of this code pertaining to the interior of the structure shall apply when specifically required by this code including, but not limited to, Sections 903.2 through 903.3.7 and Section 907.2.10.
c. Where interior or exterior systems or devices are installed, construction permits required by Section 105.6 of this code shall also apply.
2. Administrative, operational, and maintenance provisions: all such provisions of this code shall apply.
15.04.040 Section 103.2 Appointment deleted.
Section 103.2 of the California Fire Code is deleted.
15.04.050 Sections 105.3.9 Permits/Permit fees.
Section 105.3.9 is added to the California Fire Code to read as follows:
105.3.9 Permits/Permit fees. All permit fees shall be established by the City Council as set forth in the municipal fee schedule.
15.04.060 Table 105.5.9 Permit amounts for compressed gases.
Table 105.5.9 of the California Fire Code is amended to read as follows:
TABLE 105.5.9
PERMIT AMOUNTS FOR COMPRESSED GASES1
TYPE OF GAS 2 AMOUNT (cubic feet)
X 0.0283 for m3
Carbon dioxide used in carbon dioxide enrichment systems 875(100 lbs) Flammable (except cryogenic and liquefied petroleum gases) 200 Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 5 Packet Pg. 557 of 828
NOT YET APPROVED
5 20251017_ms29
Highly toxic Any amount
Inert and simple asphyxiant 6,000
Irritant 200
Moderately toxic 20
Other health hazards 650
Oxidizing (including oxygen) 504
Pyrophoric Any amount
Radioactive Any amount
Sensitizer 200
Toxic Any Amount
Unstable (reactive) Any amount
For SI: 1 cubic foot = 0.0283m3.
1 Refer to Chapters 27, 30, 32, 35, 37, 40 and 41 for additional requirements and exceptions.
2 Cubic feet measured at normal Temperature and pressure.
15.04.070 Table 105.5.22 Permit amounts for hazardous materials.
Table 105.5.22 of the California Fire Code is amended to read as follows:
TABLE 105.5.22
PERMIT AMOUNTS FOR HAZARDOUS MATERIALS
TYPE OF MATERIAL AMOUNT
Carcinogens 10 pounds
Combustible liquids See Section 105.5.16
Corrosive materials:
Gases
Liquids
Solids
See Section 105.5.8
55 gallons
500 pounds
Cryogens See Section 105.5.11
Explosive materials See Section 105.5.14
Flammable materials:
Gases
Liquids
Solids
See Section 105.5.8
See Section 105.5.16
10 pounds
Highly toxic materials:
Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 6 Packet Pg. 558 of 828
NOT YET APPROVED
6 20251017_ms29
Gases
Liquids
Solids
Any amount
Any amount
Any amount
Moderately toxic gas 20 cubic feet
Organic peroxides:
Liquids: Class I-IV
Liquids: Class V
Solids: Class I-IV
Solids: Class V
Any Amount
No Permit Required
Any Amount
No Permit Required
Oxidizing materials:
Gases
Liquids
Solids:
504 Cubic Feet
Any amount
Any amount
Other health
Hazards:
Liquids
55 gallons
500 pounds
Pyrophoric materials:
Gases
Liquids
Solids
Any amount
Any amount
Any amount
Toxic materials:
Gases
Liquids
Solids
Any amount
Any amount
Any amount
Unstable (reactive) materials:
Gases
Liquids
Solids
Any amount
Any amount
Any amount
Water reactive materials:
Liquids
Solids
Any amount
Any amount
For SI: 1 gallon = 3.785 L, 1 pound = 0.454kg.
a. 22 gallons when Table 5003.1.1(1) Note k applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of 22 gallons orless. b. 220 pounds when Table 5003.1.1(1) Note k applies and hazard identification signs in accordance with Section 5003.5 are provided for quantities of 220 pounds or less.
Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 7 Packet Pg. 559 of 828
NOT YET APPROVED
7 20251017_ms29
15.04.080 Section 105.5.25 and Sections 105.5.55 through 105.5.59 Operational permits.
Section 105.5.25 of the California Fire Code is amended and Sections 105.5.60 through 105.64 are added to read as follows:
[. . .]
105.5.25 Hot work operations. An operational permit is required for hot work including, but not limited to:
1. Public exhibitions and demonstrations where hot work is conducted.
2. Use of portable hot work equipment inside a structure.
Exception: (deleted)
3. Fixed-site hot work equipment, such as welding booths.
4. Hot work conducted within a wildfire risk area.
5. Application of roof coverings with the use of an open-flame device.
6. Where approved, the fire code official shall issue a permit to carry out a hot work program. This program allows approved personnel to regulate their facility’s hot work operations. The approved personnel shall be trained in the fire safety aspects denoted in this chapter and shall be responsible for issuing permits requiring compliance with the requirements found in Chapter 35. These permits shall be issued only to their employees or hot work operations under their supervision. [. . .]
105.5.60 Liquid gas fueled equipment. An operational permit is required for liquid gas fueled equipment.
105.5.61 Battery operated equipment. An operational permit is required for commercial/industrial/research battery operated equipment. 105.5.62 Underground storage tank. An operational permit is required for Underground Storage Tanks.
105.5.63 Radioactive materials. An operational permit is required to store, use or handle any radioactive material or source.
105.5.64 Day care permit. An operational permit is required to operate a day care facility for more than six children or adults.
Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 8 Packet Pg. 560 of 828
NOT YET APPROVED
8 20251017_ms29
15.04.090 Section 105.6.13 Hazardous materials and Section 105.6.26 Construction permits.
Section 105.6.13 of the California Fire Code is amended, and 105.6.26 of the California Fire Code is added to read as follows:
[. . .]
105.6.13 Hazardous Materials. A construction permit is required to install, repair damage to, abandon, remove, place temporarily out of service, or close or substantially modify a storage facility or other area regulated by Chapter 50 where the hazardous materials in use and when equipment is modified or installed that uses, stores, processes, or conveys hazardous materials.
Exceptions:
1. deleted
2. For repair work performed on an emergency basis, application for permit shall be made within two working days of commencement work.
[. . .]
105.6.26 Underground fire service lines: installation or modification.
A construction permit is required for the installation, modification or removal from service of underground fire service lines.
15.04.100 Reserved
15.04.110 Section 108.7 Certified Unified Program Agency Fees.
Section 107.7 is added to the California Fire Code to read as follows:
107.7 Certified Unified Program Agency (CUPA) Fees. Pursuant to the Participating Agency Agreement between the County of Santa Clara and the City of Palo Alto dated July 1, 1997, or as amended, the Fire Department is authorized to collect fees associated with the CUPA programs. The CUPA fees will be collected on an annual basis or as specified in the Palo Alto Municipal Fee Schedule.
15.04.120 Section 109.1 Inspection authority.
Section 108.1 of the California Fire Code is amended to read as follows:
109.1 Inspection authority. The fire code official is authorized to inspect, as often as necessary, buildings and premises, including such other hazards or appliances designated by the fire code official for the purposes of ascertaining and causing to be corrected any Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 9 Packet Pg. 561 of 828
NOT YET APPROVED
9 20251017_ms29
conditions which would reasonably tend to cause fire or contribute to its spread, result in an unauthorized discharge of hazardous materials, or amount to any violation of this code or any other law or standard affecting fire and life safety.
15.04.130 Section 104.1.1 Enforcement/citation authority.
Section 104.1.1 is added to the California Fire Code to read as follows:
104.1.1 Penal code citation authority. The employee positions designated in this section are authorized to exercise the authority provided in California Penal Code section 836.5 for violations of the California Fire Code. The designated employee positions are: Fire Chief, Deputy Fire Chief, Fire Marshal, Assistant Fire Marshal, Fire Inspector, Hazardous Materials Specialist and Hazardous Materials Inspector.
15.04.140 Section 113.4 Violation penalties.
Section 112.4 of the California Fire Code is amended to read as follows:
113.4 Violation penalties. It is unlawful for any person to violate any provision or to fail to comply with any of the requirements of this Title 15 or any permits, conditions, or variances granted under this Title, and violators shall be subject to any penalty or penalties authorized by law, including but not limited to: administrative enforcement pursuant to Chapters 1.12 and 1.16 of the Palo Alto Municipal Code; and criminal enforcement pursuantto Chapter 1.08 ofthe Palo Alto Municipal Code. Each separate day or any portion thereof during which any violation of this chapter occurs or continues shall be deemed to constitute a separate offense.
When the Fire Chief or his/her designee determines that a violation of this Chapter has occurred, the Fire Chief or his/her designee may record a notice of pendency of code violation with the Office of the County Recorder stating the address and owner of the property involved. When the violation has been corrected, the Fire Chief or his/her designee shall issue and record a release of the notice of pendency of code violation. [. . .]
15.04.150 Definitions Section 202
Except as noted herein, Section 202 is adopted in full. The following definitions are amended or added to Section 202 of the California Fire Code to read as follows:
CORROSIVE LIQUID. Corrosive liquid is:
1) any liquid which, when in contact with living tissue, will cause destruction or Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 10 Packet Pg. 562 of 828
NOT YET APPROVED
10 20251017_ms29
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 theU.S. Department of Transportation; or 4) any material exhibiting the characteristics of corrosivity in accordance with Title 22, California Code of Regulations §66261.22.
EMERGENCY POWER OFF (EPO). A manually operated device that disconnects electrical services to the building or specific equipment.
FALSE ALARM. The willful, knowing, or negligent initiation or transmission of a signal, message, or other notification of an event of fire when no such danger exists.
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.
MAXIMUM THRESHOLD QUANTITY (MAX TQ). Maximum threshold quantity is the maximum quantity of a moderately toxic or toxic gas, which may be stored in a single vessel before a more stringent category of regulation is applied. The following equation shall be used to calculate the Max TQ:
Max TQ (pounds) = LC50 (ppm) x 2 lb.
MODERATELY TOXIC GAS. A moderately toxic gas is a chemical or substance that has a median lethal concentration (LC50) in air more than 2000 parts per million but not more than 7500 parts per million by volume of gas or vapor, when 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).
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.
SPILL CONTROL. Spill control is that level of containment that is external to and separate from the primary containment and is capable of safely and securely containing the contents ofthe largest container and preventsthe materialsfrom spreading to other parts of the room.
Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 11 Packet Pg. 563 of 828
NOT YET APPROVED
11 20251017_ms29
WORKSTATION. A workstation is a defined space or independent principal piece of equipment using hazardous materials with a hazard rating of 1.
15.04.160 Section 316.7 Roof guiderails at interior courts.
Section 316.7 of the California Fire Code is added to read as follows:
316.7 Roof guardrails at interior courts. Roof openings into interior courts that are bounded on all sides by building walls shall be protected with guardrails. The top of the guardrail shall not be less than 42 inches in height above the adjacent roof surface that can be walked on. Intermediate rails shall be designed and spaced such that a 12-inch diameter sphere cannot pass through.
15.04.170 320.3.13 Safety certification.
Section 320.3.13 of the California Fire Code is added to read as follows:
320.3.13 Safety certification. The equipment, process, training procedures and occupancy associated with industrial additive manufacturing may be required by the fire code official to receive a safety certification from Underwriter's Laboratory or equivalent.
15.04.180 Section 322.6 Fire protection system.
Section 322.6 of the California Fire Code is added to read as follows:
322.6 Fire protection system. The storage and/or charging of power micromobility devices shall be protected with a NFPA 13 fire sprinkler system. The system shall be designed to Ordinary Hazard II.
Exception: Micromobility powered devices in residential units.
15.04.190 Section 401.5 Making false report.
Section 401.5 of the California Fire Code is amended to read as follows:
401.5 Making false report. A person shall not, knowingly or unknowingly, give, signal, or transmit a false alarm. Initiation or transmission in a twelve-month period of three or more signals, messages, or other notifications of an event of fire when no such danger exists shall be presumed negligent.
15.04.200 Section 503.1 Fire access roadways.
Section 503.1 of the California Fire Code is amended to read as follows:
Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 12 Packet Pg. 564 of 828
NOT YET APPROVED
12 20251017_ms29
503.1 Fire accessroadways. Where required,fire apparatus accessroadsshall be provided and maintained in accordance with Sections 503.1.1 through 503.1.3 and as per Fire Department Access Road Standards.
[. . .]
15.04.210 Section 503.2.1 Dimensions.
Section 503.2.1 of the California Fire Code is amended to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet (6096 mm) exclusive of shoulders, or as required by Appendix D, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance of 13 feet 6 inches (4115 mm).
15.04.220 Section 503.2.2 Authority.
Section 503.2.2 of the California Fire Code is amended to read as follows:
503.2.2 Authority. The fire code official shall have the authority to require or permit modifications to the required access widths and/or vertical clearance where they are inadequate for fire or rescue operations or where necessary to meet the public safety objectives of the jurisdiction.
15.04.230 Section 504.5 Access control devices.
Section 504.5 of the California Fire Code is amended to read as follows:
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 within and throughout 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 meansfor deactivation or unlocking from a single location or otherwise approved by the fire code official or his/her designee. Access control devices must also comply with Chapter 10.
15.04.240 Section 505.1.1 and 505.1.2 Premises identification.
Sections 505.1.1 and 505.1.2 of the California Fire Code are added to read as follows:
505.1.1 Address illumination. Address identification required by Section 505.1 shall be illuminated.
Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 13 Packet Pg. 565 of 828
NOT YET APPROVED
13 20251017_ms29
505.1.2 Address identification size. Address numbers and letters required by Section 505.1 shall be sized as follows:
1. When the structure is between thirty-six (36) and fifty (50) feet from the road or other emergency means of access, a minimum of one-half inch (0.5”) stroke by six inches (6”) high isrequired.
2. When the structure is fifty (50) or more feet from the road or other emergency means of access, a minimum of one inch (1”) stroke by nine inches (9”) high is required.
15.04.250 Section 509.1.2 Fire protection equipment identification.
Section 509.1.2 of the California Fire Code is added to read as follows:
509.1.2 Fire Protection equipment identification. Exterior fire control valves, standpipes, hose valves, fire department connection, post indicators, fire service backflow preventers and other fire department appurtenances are to be painted red for identification.
15.04.260 Sections 603.10 through 603.12.
Section 603.10 through 603.12 is added to the California Fire Code to read as follows:
603.10 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.
603.11 Electric vehicle service equipment – car chargers. Electric vehicle service equipment shall be equipped with collision protection and an emergency power off (EPO) switch as determined necessary by the Fire Code Official. 603.12 Enclosed parking manual exhaust system. Enclosed parking garages associated with non-residential buildings shall install a Knox remote power box to manually activate the mechanical ventilation system to 100% capacity.
15.04.270 Section 4103.1.2.1.1 Prohibitive locations.
Section 4103.1.2.1.1 of the California Fire Code is amended to read as follows:
4103.1.2.1.1 Prohibitive 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.
Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 14 Packet Pg. 566 of 828
NOT YET APPROVED
14 20251017_ms29
3. On exterior balconies and rooftops.
Exception: intentionally deleted
15.04.280 Section 903.2 Automatic sprinkler systems, where required.
Section 903.2 of the California Fire Code is amended to read as follows:
903.2 Automatic sprinkler systems, where required. Approved automatic sprinkler systems in new buildings and structures and in existing modified buildings and structures, shall be provided in the locations described in this section. Automatic fire sprinklers shall be installed per the requirements set forth in Sections 903.2.1 through 903.2.18 and as follows, whichever isthemore restrictive:
1. An automatic sprinkler system shall be provided throughout all new buildings and structures.
Exception: New non-residential occupancies, buildings or structures that do not exceed 350 square feet of building area and contain no interior plumbing fixtures.
2. An automatic sprinkler system shall be provided throughout all existing buildings when modifications are made that create conditions described in Sections 903.2.1 through 903.2.18, or that create an increase in fire area to more than 3,600 square feet or when the addition is equal or greater than 50% of the existing building square footage whichever is more restrictive.
3. An automatic fire sprinkler system is required in basements when any of the following occurs:
a. New basements used for storage, utility, occupancy, or habitable space regardless of size.
b. Existing basements that are altered for the use of storage, utility, occupancy, or habitable space regardless of size.
c. Existing basements that are expanded by more than 50%. If the addition or alteration is only the basement, then only the basement is required to be protected by fire sprinklers.
4. An automatic fire sprinkler system is required when either the roof structure, exterior walls, or combination of both has been removed, altered and/or replaced in at least 50% of the existing structure.
5. An automatic sprinklersystemshallbe installed throughoutwhen any change in use or occupancy creates a more hazardous fire/life safety condition, as determined by the Fire Chief.
Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 15 Packet Pg. 567 of 828
NOT YET APPROVED
15 20251017_ms29
6. All new covered trash enclosures regardless of size require installation of fire sprinklers (nonresidential only).
Exception: A fire extinguishing system will not be required when all of the following conditions are met:
a. The trash enclosure, including the door(s) and roof are constructed of noncombustible materials.
b. The trash enclosure is stand-alone structure, be a minimum of 20- feet away from adjacent buildings and 10-feet away from property line(s); and
c. The enclosure is used exclusively for waste garbage, recyclables, and organize waste/composting contained within the approved trash bins/containers. No outdoor storage is permitted within the trash enclosure.
7. Phone booths and pods when installed in a commercial building equipped with a fire sprinkler system.
8. Fume hoods when installed in a commercial building equipped with a fire sprinkler system.
Exception: Spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided that those spaces or areas are equipped throughout with an automatic smoke detection system in accordance with Section 907.2 and are separated from the remainder of the building by not less than 1-hour fire barriers constructed in accordance with Section 707 or not less than 2-hour horizontal assemblies constructed in accordance with Section 711, or both.
[. . .]
15.04.290 Section 903.3.1.1 NFPA 13 sprinkler systems.
Section 903.3.1.1 of the California Fire Code is amended to read as follows:
903.3.1.1. NFPA 13 sprinkler systems. Where the provisions of this code require that a building or portion thereof be equipped throughout with an automatic sprinkler system in accordance with this section, sprinklers shall be installed throughout in accordance with NFPA 13 and State and local requirements except as provided in Section 903.3.1.1.1.
Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 16 Packet Pg. 568 of 828
NOT YET APPROVED
16 20251017_ms29
15.04.295 903.3.1.1.5 Increase in fire sprinkler design criteria.
Section 903.3.1.1.5 has been added to the California Fire Code to read as follows:
903.3.1.1.5 Increase in fire sprinkler design criteria.
1. For new buildings having no designated use or tenant, the minimum sprinkler design density shall be Ordinary Hazard Group II / 1500 square feet.
2. Where future use or tenant is determined to require a higher density, the sprinkler system shall be augmented to meet the higher density.
3. Light hazard shall be hydraulically designed to a 1500 square foot most remote area or as required by the fire code official.
4. Laboratory areas within buildings shall be hydraulically designed to Ordinary Hazard II density.
5. Parking areas where mechanical vehicle storage equipment is used the fire sprinkler system shall be hydraulically designed to Extra Hazard II density.
6. In multi-residential apartments, townhomes, and condominiums.
7. In new commercial buildings that will have electrical vehicle chargers, the fire sprinkler system shall be designed to Extra Hazard II density.
8. In new commercial buildings that will have power micromobility devices, the fire sprinkler system shall be designed to Ordinary Hazard II.
9. ESS in commercial buildings shall comply with one of the following:
a. ESS units with a maximum stored energy capacity of 50 kWh, as described in Section 1207.5.1, shall be designed with a minimum density of 0.40 gpm/ft2 (1.14 L/min) based over the area of the room or 2,500 square-foot design area, whichever is smaller. b. ESS units (groups) exceeding 50 kWh shall use a density based on large-scale fire testing complying with Section 1207.1.7. [. . .]
15.04.300 Section 903.3.1.2 NFPA 13R sprinkler systems.
Section 903.3.1.2 of the California Fire Code is amended to read as follows:
903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R occupancies, automatic sprinkler systems shall be installed throughout in accordance Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 17 Packet Pg. 569 of 828
NOT YET APPROVED
17 20251017_ms29
with NFPA 13 and State and localstandards.
[. . .]
15.04.310 Section 903.3.1.3 and 903.3.1.3.1 NFPA 13D sprinkler systems.
Section 903.3.1.3 of the California Fire Code is amended and 903.3.1.3.1 is added to read as follows:
903.3.1.2 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler systems installed in one-and two-family dwellings shall be installed throughoutin accordance with NFPA 13D and State and localstandards. Fire sprinkler protection shall be provided under rear covered patios extending over 4 ft perpendicular from the exterior of the structure. 903.3.1.3.1 Increase in fire sprinkler design criteria. Structures determined by the fire code official to have higher firefighting hazardous condition, or located in the WildlandUrban Interface Fire Area, shall have an increase in fire sprinkler design criteria as determined by the fire code official.
15.04.320 Section 903.3.10 Floor control valves.
Section 903.4.3 of the California Fire Code is amended to read as follows:
903.3.10 Floor control valves. Automatic sprinkler systems serving buildings two (2) or more stories in height shall have valves installed to control the system independently on each floor including basements.
15.04.330 Section 905.3.1 Height.
Section 905.3.1 of the California Fire Code is amended to read as follows:
905.3.1 Height. A Class I Standpipe System shall be installed in new buildings or buildings being retrofitted with a fire sprinkler system where the roof edge/parapet is greater than 27 feet above the lowest level of Fire apparatus access roadway and in below grade levels.
15.04.340 Section 909.20.7 Maintenance and operational schedule.
Section 909.20.7 is added to the California Fire Code to read as follows:
909.20.7 Maintenance and operational 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 both shall occur at least annually.
Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 18 Packet Pg. 570 of 828
NOT YET APPROVED
18 20251017_ms29
15.04.350 Section 1008.3 Illumination required by an emergency electrical system.
Section 1008.3 of the California Fire Code is amended to read as follows:
Section 1008.3 Illumination required by an emergency electrical system. An emergency electrical system shall be provided to automatically illuminate the following areas in the event of a power supply failure:
1. In rooms or spaces that require two or more exits or access to exits:
1.1. Aisles.
1.2. Corridors.
1.3. Exit access stairways and ramps.
2. In buildings that require two or more exits or access to exits:
2.1. Interior exit access stairways and ramps.
2.2. Interior and exterior exit stairways and ramps.
2.3. Exit passageways.
2.4. Vestibules and areas on the level of discharge used for exit discharge in accordance with Section 1028.2.
2.5. Exterior landings as required by Section 1010.1.5 for exit doorways that lead directly to the exit discharge.
2.6 Group I-2 exit discharge stairways, ramps, aisles, walkways and escalators leading to a public way or to a safe dispersal area in accordance with Section 1028.5.
3. In other rooms and spaces:
3.1. Electrical equipment rooms.
3.2. Fire command centers.
3.3. Fire pump rooms.
3.4. Generator rooms.
3.5. Public restrooms.
15.04.360 Section 1031.2 Where required.
Section 1031.2 of the California Fire Code is amended to read:
1031.2 Where required. In addition to the means of egress required by this chapter, emergency escape and rescue openings shall be provided in Group R occupancies:
Basements and sleeping rooms below the fourth story above grade plane shall have not fewer than one emergency escape and rescue opening in accordance with this section.
Where basements contain one or more sleeping rooms, an emergency escape and rescue opening shall be required in each sleeping room but shall not be required in adjoining areas of the basement. Such openings shall open directly into a public way or to a yard or court that opens to a public way or to an egress balcony that leads to a public way.
Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 19 Packet Pg. 571 of 828
NOT YET APPROVED
19 20251017_ms29
Exceptions:
1. In Groups R-1 and R-2 occupancies constructed of Type I, Type IIA, Type IIIA or Type IV construction equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1.
2. Group R-2.1 occupancies meeting the requirements for delayed egress in accordance with Section 1010.2.13 may have operable windows that are breakable in sleeping rooms permanently restricted to a maximum of 4-inch open position.
3. Emergency escape and rescue openings are not required from basements or sleeping rooms that have an exit door or exit access door that opens directly into a public way or to a yard, court or exterior egress balcony that leads to a public way.
4. Storm shelters and basements used only to house mechanical equipment not exceeding a total floor area of 200 square feet (18.58 m2)
15.04.370 Section 1207.1.5 Large-scale fire test.
Section 1207.1.5 of the California Fire Code is amended to read:
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 as amended, 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 104.822.
15.04.375 Section 1207.5.2 Maximum allowable quantities.
Section 1207.5.2 of the California Fire Code is amended to read 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 for commercial structures shall comply with Table 1207.5.1.
Exceptions:
Where approved by the fire code official, rooms, areas and walk-in units containing Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 20 Packet Pg. 572 of 828
NOT YET APPROVED
20 20251017_ms29
electrochemical ESS that exceed the amounts in Table 1207.5 shall be permitted based on a hazardous mitigation analysis in accordance with Section 1207.1.6 and large-scale fire testing complying with Section 1207.1.7.
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
6 5
4 3
2 1
25 50
50 50
75 100
100
100
1 2
2 2
4 6
6 6
3 2
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
15.04.380 Section 1207.11.3 Location.
Section 1207.11.3 of the California Fire Code is amended to read:
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 located not less than 3 feet (914 mm) from doors and windows directly entering the dwelling unit and shall not be located below or above any emergency escape and rescue openings.
4. Enclosed utility closets, basements and storage or utility spaces within dwelling Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 21 Packet Pg. 573 of 828
NOT YET APPROVED
21 20251017_ms29
units and sleeping 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.
5. ESS shall not be installed in sleeping rooms, or in closets, or spaces opening directly into sleeping rooms or in habitable spaces of dwelling units.
15.04.390 Section 3303.7 Fire walls.
Section 3305.9 is added to the California Fire Code to read as follows:
3303.7 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).
15.04.400 Section 3307.1.2, 3307.1.4.
Section 3312.1 of the California Fire Code is amended to read as follows:
3307.1.2 Stairways required. Each level above the first story in new multi-story buildings be provided with at least two usable exitstairways after the floor decking is installed. The stairways shall be continuous and shall discharge to grade level. Stairways serving more than two floorlevelsshall 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.). 3307.1.4 Required means of egress. All new buildings under construction shall have a least one unobstructed means of egress. All means of egress shall be identified in the written site safety plan as required by Section 3303.1.
15.04.410 Reserved
15.04.420 Reserved
15.04.430 Reserved
15.04.435 Section 4103.1 Portable unvented heaters.
Section 4103.1 of the California Fire code is amended to read as follows:
4103.1 Portable unvented heaters. Portable unvented fuel-fired heating equipment Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 22 Packet Pg. 574 of 828
NOT YET APPROVED
22 20251017_ms29
shall be prohibited in occupancies in Groups A, B, E, I, R-1, R-2, R-2.1, R-2.2, R-3, R-3.1 and R-4 and ambulatory care facilities.
Exceptions:
1. Portable unvented fuel-fired heaters listed and labeled 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 4103.1.2.
15.04.440 Section 5001.2.2.2 Health Hazards.
Section 5001.2.2.2 of the California Fire Code is amended to read 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, toxic and moderately toxic.
2. Corrosive materials.
3. Moderately toxic gas.
4. Health hazards-Other.
15.04.450 Section 5001.7 Hazard materials management plan (HMMP) electronic submissions.
Section 5001.7 is added to the California Fire Code to read as follows:
5001.7 HMMP electronic submissions. Each applicant for a permit, a renewed permit, or an amended permit pursuant to this title shall file an electronic submission of all hazardous materials through California Environmental Reporting System (CERS) for the fire chief's approval, to be known as a hazardous materials management plan (HMMP), which shall demonstrate the suitable storage of hazardous materials. The HMMP may be amended at any time with the consent of the fire chief. The HMMP shall be a public record except as otherwise specified. Section 18.23.100 in Title 18 identifies notification requirements of the availability of the HMMP. Approval of the HMMP shall mean that the HMMP has provided adequate information for the purposes of evaluating the permit approval. Such approval shall not be understood to mean that the city has made an independent determination of the adequacy of that which is described in the HMMP electronic submission.
15.04.460 Section 5003.1.3.1 Toxic, highly toxic, moderately toxic gases and similarly used Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 23 Packet Pg. 575 of 828
NOT YET APPROVED
23 20251017_ms29
or handled materials.
Section 5003.1.3.1 is added to the California Fire Code to read 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 or 6004.3 shall be in accordance with this Chapter and Chapter 60. Any toxic, highly toxic or moderately toxic material 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.
15.04.470 Section 5003.1.5 Other health hazards including carcinogens,irritants and sensitizers.
Section 5003.1.5 is added to the California Fire Code to read as follows:
5003.1.5 Other health hazards including carcinogens, irritants and sensitizers. 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 this Section 5003.
15.04.480 Section 5003.1.6 Additional secondary containment requirements.
Section 5003.1.6 is added to the California Fire Code to read as follows:
5003.1.6 Additional 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 constructionrequirements set forth in section 5004.2.
15.04.490 Section 5003.2.2.1 Design and construction.
Section 5003.2.2.1 of the California Fire Code is amended to read 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 compatible with the material to be containedand shall be of adequate strength and durability to withstand the pressure, structural and Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 24 Packet Pg. 576 of 828
NOT YET APPROVED
24 20251017_ms29
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 at the following locations:
a. The point of use.
b. The tank, cylinder or bulk use.
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 when 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:
a. Piping for inlet connections designed to prevent backflow. b. 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 Tables 6004.2 and 6004.3.
Secondary containment includes, but is not limited to, double- walled piping.
Exceptions:
a. Secondary containment is not required for toxic corrosive gasesif the piping is Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 25 Packet Pg. 577 of 828
NOT YET APPROVED
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constructed of inert materials.
b. Piping under sub-atmospheric conditions if the piping is equipped with an alarm and fail-safe-to-close 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.
15.04.500 Section 5003.2.2.2 Additional regulations for supply piping for health hazard materials.
Section 5003.2.2.2 of the California Fire Code is amended to read as follows:
5003.2.2.2 Additional regulations 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 ASME B31.3 and the following:
1. Piping and tubing utilized for the transmission of toxic, highly toxic, or highly volatile corrosive liquids and gases shall have welded or brazed connections throughout except for connections within an exhausted 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.
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.
Exception: Piping and tubing within the space defined by the walls of corridors and the floor or roof above or in concealed space above other occupancies when installed in accordance with Section 415.11.7.4 of the California Building Code as required for Group H5 occupancies.
3. All primary piping for toxic, highly toxic and moderately toxic gasesshall 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 controlsystems.
15.04.510 Section 5003.3.1 Unauthorized discharges.
Section 5003.3.1 of the California Fire Code is amended to read as follows:
5003.3.1 Unauthorized discharges. In the event hazardous materials are released in quantities reportable under state, federal or local regulations or when there is a threatened release that presents a threat to health, property or the environment, the fire Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 26 Packet Pg. 578 of 828
NOT YET APPROVED
26 20251017_ms29
code official shall be notified immediately in an approved manner and the following procedures required in accordance with Sections 5003.3.1.1 through 5003.3.1.4.
15.04.520 Section 5003.5.2 Ventilation ducting.
Section 5003.5.2 is added to the California Fire Code to read 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.
15.04.530 Section 5003.5.3 “H” Occupancies.
Section 5003.5.4 is added to the California Fire Code to read 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.
15.04.540 Section 5003.9.11 Fire extinguishing systems for workstations dispensing, handling or using hazardous materials.
Section 5003.9.11 is added to the California Fire Code to read as follows:
5003.9.11 Fire extinguishing systems for workstations dispensing, handling or using hazardous materials. Combustible and non-combustible workstations which dispense, handle or use hazardous materials shall be protected by an approved automatic fire extinguishing system.
Exception: Internal fire protection is not required for Biological Safety Cabinets that carry NSF/ANSI certification where quantities of flammable liquids in use or storage within the cabinet do not exceed 500 ml.
15.04.550 Section 5003.10.4 Elevators utilized to transport hazardous materials.
Section 5003.10.4 of the California Fire Code is amended to read 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 in the individual(s) handling the chemical transport cart. 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 Highly toxic, moderately toxic, and toxic gases shall be limited to a container Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 27 Packet Pg. 579 of 828
NOT YET APPROVED
27 20251017_ms29
of a maximum water capacity of 1 lb.
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.
15.04.560 Section 5004.2.1 Spill control for hazardous material liquids.
Section 5004.2.1 of the California Fire Code is amended to read 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 similarsurfacesin outdoor locationsshall be constructed to contain a spill from the largest single vessel by one of the followingmethods:
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, including containment pallets in accordance with Section 5004.2.3.
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 liquid-tight 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.
15.04.570 Sections 5004.2.2 and 5004.2.2.2 and Table 5004.2.2 Secondary containment for hazardous material liquids and solids.
Sections 5004.2.2 and 5004.2.2.2 of the California Fire Code are amended to read as follows:
5004.2.2 Secondary containment for hazardous material liquids and solids. Buildings, rooms or areas used for the storage of hazardous materials liquids or solids shall be provided with secondary containment in accordance with this section.
Table 5004.2.2 is deleted in its entirety.
[. . .]
5004.2.2.2 Incompatible Materials. Incompatible materials shall be separated from each Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 28 Packet Pg. 580 of 828
NOT YET APPROVED
28 20251017_ms29
other in independent secondary containment systems.
15.04.580 Section 5004.2.3 Containment pallets.
Section 5004.2.3 of the California Fire Code is amended to read as follows:
5004.2.3 Containment pallets. Combustible containment pallets shall not be used inside buildings to comply with Section 5004.2 where the individual container capacity exceeds 55 gallons (208 L) or an aggregate capacity of multiple containers exceeds 1,000 gallons (3785 L) for liquids or where the individual container capacity exceeds 550 pounds (250 kg) or an aggregate of multiple containers exceeds 10,000 pounds (4540 kg) for solids.
Where used as an alternative to spill control and secondary containment for outdoor storage in accordance with the exception in Section 5004.2, containment pallets shall comply with all of the following:
1. A liquid-tight sump accessible for visual inspection shall be provided;
2. The sump shall be designed to contain not less than 66 gallons(250L);
3. Exposed surfaces shall be compatible with material stored; Containment pallets shall be protected to prevent collection of rainwater within the sump of the containment pallet.
15.04.590 Section 5704.2.7.5.8 Overfill prevention.
Section 5704.2.7.5.8 of the California Fire Code is amended to read as follows:
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 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.
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.
Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or less need only comply with Section 5704.2.9.7.5.1 (1.1)
15.04.600 Section 5704.2.7.5.9 Automatic and/or remote filling of tanks.
Section 5704.2.7.5.9 is added to the California Fire Code to read as follows:
5704.2.7.5.9 Automatic and/or remote filling of tanks. Systems that remotely or automatically fill flammable or combustible liquid tanks shall be equipped with overfill Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 29 Packet Pg. 581 of 828
NOT YET APPROVED
29 20251017_ms29
protection, as 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. Records of such testing shall be maintained on-site, and available for review, for a period of five (5) years.
15.04.610 Reserved
15.04.620 Section 6001.1 Site scope.
Section 6001.1 of the California Fire Code is amended to read as follows:
6001.1 Site scope. The storage and use of highly toxic, moderately toxic and/or toxic materials shall comply with this chapter. Compressed gasesshall also comply with Chapter
53. Exceptions:
1. Display and storage in Group M and storage in Group S occupancies complying with Section 5003.1 1.
2. Conditions involving pesticides or agricultural products asfollows:
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 U.S. Environmental Protection Agency to be utilized in and around the home, garden, pool, spa and patio.
15.04.630 Section 6002.1 Definitions.
Section 6002.1 is amended to read as follows:
6002.1 Definitions. The following terms are defined in Chapter 2:
CONTAINMENT SYSTEM.
CONTAINMENT VESSEL.
EXCESS FLOW VALVE.
HIGHLY TOXIC.
MODERATELY TOXIC GAS
OZONE-GAS GENERATOR.
Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 30 Packet Pg. 582 of 828
NOT YET APPROVED
30 20251017_ms29
PHYSIOLOGICAL WARNING THRESHOLD.
REDUCED FLOW VALVE.
TOXIC.
15.04.640 Section 6004.1 Highly toxic, moderately toxic and toxic compressed gases.
Section 6004.1 of the California Fire Code is amended to read as follows:
6004.1.1 The storage and use of highly toxic, moderately toxic, and toxic compressed gases shall comply with this section.
6004.1.1 Special limitations for indoor storage and use by occupancy. The indoor storage and use of highly toxic, moderately toxic, and 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. Toxic, moderately 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. Toxic, moderately 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. Toxic, moderately 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.
15.04.650 Sections 6004.2 and 6004.2.1 Indoor storage and use.
Sections 6004.2 and 6004.2.1 of the California Fire Code are amended to read as follows:
6004.2 Indoor storage and use. The indoor storage and use of highly toxic, moderately toxic, and toxic compressed gases shall be in accordance with Sections 6004.2.1 through 6004.2.2.10.3.
6004.2.1 Applicability. The applicability of regulations governing the indoor storage and use of highly toxic, moderately toxic, and toxic compressed gases shall be as set forth in Sections 6004.2.1.1 through 6004.2.1.4.
15.04.660 Section 6004.2.1.1 and Table 6004.2.1.1 Quantities.
Section 6004.2.1.4 and Table 6004.2.1.4 of the California Fire Code are added to read as follows:
Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 31 Packet Pg. 583 of 828
NOT YET APPROVED
31 20251017_ms29
6004.2.1.1 Quantities not exceeding the maximum allowable quantity per control area. The indoor storage or use of highly toxic, moderately toxic, and 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.
Table 6004.2.1.1
Minimum Threshold Quantities for Highly Toxic, Moderately Toxic and Toxic Gases for Indoor Storage and Use
Highly Toxic 20 cubic feet
Moderately Toxic 405 cubic feet
Toxic 405 cubic feet
15.04.670 Section 6004.4 through 6004.4.8.2 General indoor requirements.
Section 6004.4 through 6004.4.8.2 of the California Fire Code is added to read as follows:
6004.4. General indoor requirements. The general requirements applicable to the indoor storage and use of highly toxic, moderately toxic, and 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.
Exception:
1. Where a gas detection system is provided in accordance with 6004.4.8 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:
Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 32 Packet Pg. 584 of 828
NOT YET APPROVED
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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 exhaustsystem.
2. Gas rooms shall be equipped with an approved automatic sprinkler system.
Alternative fire-extinguishing 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, moderately toxic, and toxic gases—storage. A treatment system is not required for cylinders, containers and tanks in storage where all of the following controls are provided:
a. Valve outlets are equipped with gas-tight outlet plugs or caps. b. Hand wheel-operated valves have handles secured to prevent movement.
c. Approved containment vessels or containment systems are providedin accordance with Section 6004.2.2.3.
2. Highly toxic, moderately toxic, and toxic gases —use. Treatment systems are not required for highly toxic, moderately toxic, and 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. Automaticclosing 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 Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 33 Packet Pg. 585 of 828
NOT YET APPROVED
33 20251017_ms29
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.
6004.4.5.3. Sizing. Treatment systems shall be sized to process the maximum worstcase 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.
Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 34 Packet Pg. 586 of 828
NOT YET APPROVED
34 20251017_ms29
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, moderately toxic, and toxic compressed gas systems where all of the following controls are provided:
1. Constantly attended / supervised.
2. Provided with emergency shutoff valves that have ready access.
SECTION 2. The Council adopts the findings for local amendments to the California Fire Code, 2025 Edition, attached hereto as Exhibit "A" and incorporated herein by reference.
SECTION 3. The Council finds that, with the exception of the changes codified at PAMC Sections
15.04.180, 260, 280, 295, 375, and 435, the changes or modifications to the California Fire Code adopted by this ordinance are substantially equivalent to changes or modifications that were previously filed by the governing body of the City and were in effect as of September 30, 2025, and are therefore exempt from the moratorium on new residential building standards imposed by Assembly Bill (AB) 130 (2025). To the extent that the changes codified at the PAMC sections listed in this finding are not substantially equivalent to changes or modifications previously filed and in effect as of September 30, 2025, they do not affect residential units and are therefore not subject to the AB 130 moratorium.
SECTION 4. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 35 Packet Pg. 587 of 828
NOT YET APPROVED
35 20251017_ms29
SECTION 5. The Council finds that this project is exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15061 of the California Guidelines, because it can be seen with certainty that there is no possibility that the amendments herein adopted will have a significant effect on the environment.
SECTION 6. This Ordinance shall become effective on the commencement of the thirty-first day after the day of its adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ City Attorney or Designee City Manager
____________________________
Director of Planning and
Development Services
____________________________
Fire Chief
Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 36 Packet Pg. 588 of 828
NOT YET APPROVED
36 20251017_ms29
EXHIBIT A
Findings for Local Amendments to the 2025 California Fire Code The following local amendments to the 2025 California Fire Code make modifications as authorized by the California Health and Safety Code. In accordance with Section 18941.5 of said Code, Findings are hereby made to show that such modifications or changes are reasonably necessary because of local climatic, geological or topographical conditions.
I. PREAMBLE
I. Findings of fact
A. Pursuantto Section 17958.5 ofthe California Health and Safety Code,the report contained herein is submitted as the “Findings of Fact” document with regard to the adoption of the California Fire Code, 2025 Edition, and amendments. Under this adopting ordinance, specific amendments have been established which are more restrictive in nature than those adopted by the State of California (State Building Code Standards, State Housing and Community Development Codes) commonly referred to as California Code of Regulations, Titles 19, 24 and
25. B. These amendmentsto the California Fire Code, 2025 Edition, have been recognized by the City of Palo Alto (“City”) as tools for addressing the fire problems, concerns and future direction by which the authority can establish and maintain an environment which will afford a level of fire and life safety to all who live and work within the City’s boundaries.
C. Underthe provisions of Section 17958.5 ofthe Health and Safety Code, local amendments shall be based upon the following: climatic, geological/geographical, and topographical conditions. The findings of fact contained herein shall address each of these situations and shall present the local situation which, either singularly or in combination, caused the established amendments to be adopted.
1. Climactic Conditions:
The City, on an average, experiences an annual rainfall of 16" - 18". This rainfall can be expected between October and April of each year. However, during the summer months there is little, if any, measurable precipitation. During this dry period the temperatures are usually between 70- 90 degrees with light to gusty westerly winds. These drying winds, combined with the natural vegetation which is dominant throughout the area, create a hazardous fuel condition which can cause, and has caused in the past, extensive grass and brush land fires. With more and more development encroaching into these wooded and grass covered areas, wind-driven fires could have severe consequences, as has been demonstrated on several occasionsin Palo Alto and other Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 37 Packet Pg. 589 of 828
NOT YET APPROVED
37 20251017_ms29
areas of the state. Fires in structures can easily spread to the wildland as well as a fire in the wildland into a structure.
Because of the weather patterns, a normal rainfall cannot always be relied upon. This can result in water rationing and water allocation systems, as demonstrated by the drought years of 1986- 1991. Water shortages can also be expected in the future due to the current water storage capacities and increased consumption. The water supply for the Palo Alto fire department makes use of automatic fire sprinkler systems feasible as a means to reduce our dependency on large volumes of water for fire suppression.
2. Geological & Geographical Conditions:
Geographical Location. Palo Alto is located at the northern most part of Santa Clara County. Palo Alto is a major focus of the “Silicon Valley,” the center for an expanding and changing electronics industry, as well as pharmaceutical, biomedical, and genetic research.
Seismic Location. Palo Alto is situated on alluvial solids between San Francisco Bay and the San Andreas Fault zone. The City’s location makes it particularly vulnerable to damage to taller and older structures caused by seismic events. The relatively young geological processes that have created the San Francisco Bay Area are still active today. Seismically, the city sits between two active earthquake faults (San Andreas and the Hayward/Calaveras), and numerous potentially active faults. Approximately 55% of the City’s land surface is in the high-to-moderate seismic hazard zones.
Seismic and Fire Hazards. Fire following an earthquake has the potential of causing greater loss of life and damage than the earthquake itself.
The majority of the City’s high-rise structures are located in seismic risk zones. Should a significant seismic event occur, Public Safety resources would have to be prioritized to mitigate the greatest threat, and may not be available for every structural fire. In such event, individual structures, including high-rise buildings, should be equipped to help in mitigating the risk of damage.
Other variables may tend to intensify the situation:
a. The extent of damage to the watersystem;
b. The extent of isolation due to bridge and/or freeway overpass collapse; c. The extent of roadway damage and/or amount of debris blocking the roadways; d. Climatical conditions (hot, dry weather with high winds); e. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours;
f. The availability of timely mutual aid or military assistance; g. Many high-rise structures are located near areas of high fire danger necessitating special Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 38 Packet Pg. 590 of 828
NOT YET APPROVED
38 20251017_ms29
precautions.
Transportation. Palo Alto is dissected by a major state highway (El Camino Real) and two major freeways (I-280 and U.S. 101), which potentially could negatively affect response times of fire suppression equipment.
Soil Conditions. Palo Alto lies at the southern end of San Francisco Bay and is built atop the alluvial deposits that surround the margins of the Bay. The alluvium was created by the flooding of many streams emptying into the San Francisco Bay depression, and from intermittent sea water inundation that has occurred over the last 2 or 3 million years. The areas closest to the Bay are overlain by unconsolidated fine silty clay, known as Bay Mud which varies in thickness from a few feet to as much as 30 feet. Generally, the older more stable alluvium is to the south and the younger less stable material is to the north. Bedrock lies beneath the area at depths of generally 300' or more.
3. Topographical Conditions:
The findings of fact for the topographical element, as would be expected, are closely associated with the geological/geographical element. With the elevation changes within the district, development is of course following the path of least resistance, creating a meandering pattern.
This then does not lend itself to a good systematic street and road layout, which would promote easy traffic flow. It has, in fact, resulted in few major crosstown thoroughfares which tend to be heavily congested, primarily during commute hours and seasonal periods ofthe year. This creates barriers which reduce the response time of fire equipment and other emergency services. The topography of the district is being burdened by major structures. Employment areas are throughout the district. The people who work in these complexes have added to the traffic congestion throughout the city, thereby reducing the fire department’s response time capabilities.
Inherent delays caused by the traffic patterns to many of these types of projects, make it necessary to mitigate this problem by requiring additional built-in automatic fire protection systems to provide early detection and initial control until the arrival of the fire department.
The topography of the district in much of the commercial and residentialzoneslies within or near a flood plane. Periodically, heavy rains and high tides cause region-wide flooding which not only delays response but also increases demands on fire personnel. The fire code amendments increase safeguards and initialize early response to help compensate for these physicaldelays.
As a result of the findings of facts which identify the various climatic, geological/geographical and topographical elements, those additional requirements as specified in the amendments to adopting ordinance for the California Fire Code 2025 Edition, by the City of Palo Alto area are considered reasonable and necessary modifications. The experience of several disastrous fires Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 39 Packet Pg. 591 of 828
NOT YET APPROVED
39 20251017_ms29
within the city in addition to Santa Clara, Monterey, San Mateo, Alameda and Contra Costa counties have demonstrated the need for other fire protection features, the most significant of which was located in the Oakland/Berkeley Hills in which over 3,000 homes were destroyed and 25 human lives were lost. While it is clearly understood that the adoption of such regulations may not prevent the incidence of fire, the implementation of these various amendments to the Code may reduce the severity and potential of loss of life and property.
II. Specific Findings for Local Amendments
The majority of local amendments (those not specifically listed below) are made strictly to conform to other parts of the Palo Alto Municipal Code (PAMC) and for similar administrative purposes.
Based upon the findings of fact described in section I, the City Council also makes the following specific findings regarding local climatic, geological, and topographic conditions related to local amendments to the California and International Fire Codes found in Chapter 15.04 of Title 15 of the Palo Alto Municipal Code (“PAMC”):
1. The local amendments contained in PAMC sections 15.4.030, 15.04.040, 15.04.050,
15.04.110, 15.04.130, and 15.04.140 are administrative in nature and do not require local topographical, geographical, or climatic findings.
2. The local amendments contained in PAMC sections 15.04.060 through 15.04.090,
15.04.150, 15.04.170, 15.04.260, and 15.04.440 through 15.04.670 - relating to general conditions for hazardous materials are necessary modifications to the California Fire Code flammable and hazardous materials sections because they maintain consistency with the Hazardous Materials Storage Ordinance which has been adopted county-wide since 1983.
Requirements include safeguards such as monitoring, secondary containment, separation of non-compatibles which prevent incidents should a seismic event, unauthorized release or accident occur. See Findings 2 and 3 above - Geological and Topographical.
3. The local amendment contained in PAMC section 15.04.260- Immersion Heaters- is necessary as a fire control measure because it requires additional controls on process heating devices which are often activated when unattended. See Finding 2 above - Geological.
4. The local amendments contained in PAMC 15.04.180 and 15.04.280 through 15.04.340 relating to fire sprinkler systems are necessary for faster control of fires in the dense populated area and areas in an extended response time of our community to confine a fire to the area of origin rather than spread toneighboring structures.
The modifications contained in these amendments provide additional fire extinguishing systems in new construction, major remodels, additions, and occupancy classification changes to help Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 40 Packet Pg. 592 of 828
NOT YET APPROVED
40 20251017_ms29
mitigate the problems identified in Findings 1, 2, and 3, above- Climatic, Geographical and Topographical.
5. The local amendment contained in PAMC section 15.04.320 - Floor control valves is necessary to provide fire extinguishing control devices that allow systems to remain partially in service while repairs or maintenance are ongoing. See Findings 1 and 2 above- Climatic and Geographical.
6. The local amendments contained in PAMC section 15.04.350 provides emergency lighting, where emergency lighting is required, in public restrooms regardless of size for public safety. See Findings 1, 2, and 3 – Climatic, Geographical and Topographical.
7. The local amendment contained in PAMC section 15.04.360 matches the requirements for exceptions for emergency escapes in basements/storm shelters in local amendment contained in section 16.04.360. See Findings 1 and 2 – Climatic and Geographical.
8. The local amendments contained in PAMC section 15.04.370 through 15.04.380 are recommendations from Santa Clara County Fire Marshals Association to decrease the fire hazard and risk of fire spread associated with commercial ESS installations and clarifying location for residential ESS to not interfere with emergency escapes or rescue openings. See Finding 3 above – Topographical.
9. The local amendments contained in PAMC sections 15.04.390 and 15.04.400 provide for additional fire and life safety measures during construction and demolition. See Findings 2 and 3, above- Geographical and Topographical.
10. The local amendments contained in PAMC sections 15.04.060 through 15.04.090,
15.04.150, 15.04.460, and 15.04.620 through 15.04.670 regarding toxic gases incorporate requirements initially established by the Model Toxic Gas Ordinance and California Fire Code.
Administrative and restrictive measures include changes in definitions, quantities regulated, and utilizes County consensus guidelines established by other regional agencies which share similar climatic, geological/geographical, and topographical conditions. See Findings 1, 2 and 3, above- Climatic, Geographical and Topographical.
11. The local amendments added in PAMC section 15.04.160 - Roof guardrails at interior courts provides for additional fire and life safety measures for firefighters on buildings with unconventional lightwells. See Findings 2 and 3, above- Geographical andTopographical.
12. The local amendments contained in PAMC section 15.04.020 set forth construction and design provisions for residential property to mitigate the additional risk of fire. The modifications contained in this amendment provide for additional precautions against fire risks Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 41 Packet Pg. 593 of 828
NOT YET APPROVED
41 20251017_ms29
necessitated by the conditions listed in Findings 1, 2, and 3, above- Climatic, Geographical and Topographical.
13. The local amendment contained in PAMC section 15.04.120 is necessary to identify who has the authority and to establish the frequency to inspect buildings and premises. The modifications contained in this amendment provide for additional precautions to mitigate the problems identified in Findings 1, 2, and 3, above- Climatic, Geographical and Topographical.
14. The local amendment contained in PAMC section 15.04.190 is necessary to set forth a limit of the maximum number of false alarms the city of Palo Alto Fire Department will respond to. This measure is necessary to prevent fire department resources from responding to nonemergency situations thereby being unavailable to respond to an actual emergency associated with Climatic, Geographical and Topographical conditions listed in Findings 1, 2 and 3 above.
15. The local amendments added in PAMC sections 15.04.200 through 15.04.250 – The Fire Access Roadways and Dimensions requirements are necessary to provide access for effective, efficient and safe firefighting operations. These measures are necessary to prevent a delay in fire department resources responding to and having access to an emergency situation associated with Climatic, Geographical and Topographical conditions listed in Findings 1, 2 and 3 above.
16. The local amendments added in PAMC section 15.04.270 – Prohibitive Locations and
15.04.435 - Portable Unvented Heaters are necessary to restrict the use of portable outdoor gas-fired heating appliances and portable unvented heaters in specific locations as these appliances can be a fire hazard that may also contribute to the uncontrolled spread of fire as a result of the Climatic, Geographical, and Topographical conditions described in Findings 1, 2, and 3 above.
17. The local amendment added in PAMC section 15.04.260 relating to the protection of energy storage systems is necessary to prevent potential damage and fire that may also contribute to the uncontrolled spread of fire as a result of the Climatic, Geographical, and Topographical conditions described in Findings 1, 2, and 3 above.
Item 15
Attachment A - Ordinance
Repealing Chapter 15.04 of
the Palo Alto Municipal
Code and Adopting a New
Chapter 15.04, the
California Fire Code (2025
Edition) With Local
Amendments and Related
Findings
Item 15: Staff Report Pg. 42 Packet Pg. 594 of 828
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: December 1, 2025
Report #:2511-5429
TITLE
SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Sections of Chapter
10.56 (“Special Speed Zones”) of Title 10 (Vehicles and Traffic) to Reflect the 2025 Traffic Survey (FIRST READING: November 10, 2025, PASSED 5-0-2, Stone, Veenker absent)
BACKGROUND
The City Council heard this item on November 10, 2025 for a first reading and approved it on a 5-0-2, Stone, Veenker absent vote. No changes were made to the ordinance, and it is now before the City Council for a second reading.
ATTACHMENTS
Attachment A: Ordinance of the Council of the City of Palo Alto Amending Sections of Chapter
10.56 (“Special Speed Zones”) of Title 10 (Vehicles and Traffic) to Reflect the 2025 Traffic Survey APPROVED BY:
Mahealani Ah Yun, City Clerk
Item 16
Item 16 Staff Report
Item 16: Staff Report Pg. 1 Packet Pg. 595 of 828
NOT YET APPROVED
1 143_20251007_ts24
Ordinance No. _____
Ordinance of the Council of the City of Palo Alto Amending Sections of Chapter
10.56 (“Special Speed Zones”) of Title 10 (Vehicles and Traffic) to Reflect the 2025 Traffic Survey
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. In conjunction with this ordinance, the City Council approved the “Engineering & Traffic Survey”, dated September 2025, (Traffic Survey) for the City of Palo Alto. The Traffic Survey was conducted by TJKM under contract by the City.
B. Based on the findings of the Traffic Survey, the City now desires to amend the Palo Alto Municipal Code (PAMC) through this ordinance to indicate the latest survey completion date for nine road segments.
SECTION 2. Chapter 10.56.010 of the Palo Alto Municipal Code is hereby amended to read as follows (new text is underlined, deleted text is in strikethrough):
10.56.010 Twenty-five miles per hour prima facie speed limit justified.
It is determined that the state twenty-five miles per hour prima facie speed limit for business or residence districts is justified, as required by state law, with respect to the following streets or portions of streets by engineering and traffic surveys conducted by the city and completed on the dates shown below:
Road Segment Name Survey Completion Date
Alma St from El Camino Real to University Ave September 2023 Alma St from University Ave to Lincoln Ave April 2025
Amaranta Ave from Los Robles Ave to Maybell Ave November 2017 Arboretum Rd from Sand Hill Rd to Quarry Rd November 2017 Birch St from California Ave to Page Mill Exp April 2025November 2017 California Ave from Park Blvd to El Camino Real November 2017 California Ave from El Camino Real to Hanover St November 2017 Charleston Rd from Fabian Way to South City Limit September 2023 Charleston Rd from Middlefield Rd to Fabian Way September 2023 Charleston Rd from El Camino Real to Alma St September 2023 Channing Ave from W Bayshore Rd to Newell Rd November 2017 Channing Ave from Newell Rd to Guinda Ave November 2017 Channing Ave from Guinda Ave to Alma St November 2017
Charleston Rd from Alma St to Middlefield Rd September 2023 Churchill Ave from Embarcadero Rd to Alma St November 2017 Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending
Sections of Chapter 10.56
(“Special Speed Zones”) of
Title 10 (Vehicles and
Traffic) to Reflect the 2025
Traffic Survey
Item 16: Staff Report Pg. 2 Packet Pg. 596 of 828
NOT YET APPROVED
2 143_20251007_ts24
Churchill Ave from Alma St to El Camino Real November 2017 Colorado Ave from W Bayshore Rd to Middlefield Rd November 2017 E Meadow Dr from W Bayshore Rd to Louis Rd November 2017 E Meadow Dr from Louis Rd to Alma St November 2017
El Camino Way from Los Robles Ave to Maybell Ave September 2023 Embarcadero Rd from Embarcadero Rd to Highway 101 April 2025 Embarcadero Rd from Highway 101 to Middlefield Rd April 2025 Embarcadero Rd from Middlefield Rd to Alma St April 2025 Embarcadero Rd from El Camino Real to Alma St October 2023 Guinda Ave from Lytton Ave to Channing Ave November 2017 Hamilton Ave from Middlefield Rd to Alma St November 2017 High St from Lytton Ave to Channing Ave November 2017
Homer Ave from Guinda Ave to Alma St November 2017
Laguna Ave from Matadero Ave to Los Robles Ave November 2017 Lambert Ave from Park Blvd to El Camino Real November 2017 Loma Verde Ave from W Bayshore Rd to Middlefield Rd November 2017 Loma Verde Ave from Middlefield Rd to Alma St November 2017 Los Robles Ave from Laguna Ave to El Camino Real November 2017 Louis Rd from Embarcadero Rd to Oregon Exp November 2017 Louis Rd from Oregon Exp to Loma Verde Rd September 2023 Louis Rd from Loma Verde Rd to Charleston Rd September 2023 Lytton Ave from Alma St to Middlefield Rd November 2017 Matadero Ave from El Camino Real to Laguna Ave November 2017 Middlefield Rd from University Ave to Embarcadero Rd September 2023 Middlefield Rd from University Av to Northern City Limits September 2023 Middlefield Rd from Embarcadero Rd to Oregon Exp November 2017 Middlefield Rd from Oregon Exp to E Charleston Rd April 2025 Middlefield Rd from E Charleston Rd to South City Limits April 2025 Newell Rd from East City Limit to Channing Ave November 2017 Newell Rd from Channing Ave to Embarcadero Rd November 2017 N California Ave from Embarcadero Rd to Middlefield Rd September 2023 N California Ave from Middlefield Rd to Alma St November 2017 Park Blvd from California Ave to Lambert Ave September 2023 Peter Coutts Rd from Stanford Ave to Page Mill Rd November 2017 Porter Dr from Hillview Ave to Page Mill Rd September 2023 Quarry Rd from El Camino Real to Campus Dr October 2023 Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending
Sections of Chapter 10.56
(“Special Speed Zones”) of
Title 10 (Vehicles and
Traffic) to Reflect the 2025
Traffic Survey
Item 16: Staff Report Pg. 3 Packet Pg. 597 of 828
NOT YET APPROVED
3 143_20251007_ts24
Stanford Ave from El Camino Real to Peter Coutts Rd November 2017 Stanford Ave from Peter Coutts Rd to Junipero Serra Blvd November 2017 University Ave from East City Limits to Middlefield Rd April 2025 University Ave from Middlefield Rd to Alma St November 2017 Waverley St from Lytton Ave to Channing Ave November 2017 Waverley St from Channing Ave to Embarcadero Rd November 2017 W Meadow Dr from Alma St to El Camino Way November 2017 SECTION 3. Chapter 10.56.015 of the Palo Alto Municipal Code is hereby amended to read as follows:
10.56.015 Thirty miles per hour prima facie speed limit.
It is determined and justified upon the basis of engineering and traffic surveys that a speed greater than the twenty-five miles per hour prima facie speed limit set forth in Section 22352 of the Vehicle Code of the state, would facilitate the orderly movement of vehicular traffic and would be reasonable and safe under the conditions found to exist upon the streets, or portions thereof, set forth in this section, and it is hereby declared that thirty miles per hour shall be the prima facie speed limit upon these streets, or portions thereof, except for school zones, as shown below:
Road Segment Name Survey Completion Date
Coyote Hill Rd from Page Mill Rd to Hillview Ave April 2025 Fabian Way from Charleston Rd to W Bayshore Rd September 2023 Hansen Way from El Camino Real to Page Mill Exp September 2023 Hanover St from Page Mill Rd to Hillview Ave September 2023 Hillview Ave from Hanover St to Foothill Exp September 2023 Sand Hill Rd from El Camino Real to Arboretum November 2017 W Bayshore Rd from Oregon Exp to Colorado Ave November 2017 SECTION 4. If any section, subsection, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portion or sections of the Ordinance. The Council hereby declares that it should have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid.
SECTION 5. The Council finds that this ordinance is categorically exempt from the provisions of the California Environmental Quality Act (“CEQA”), pursuant to Section 15301 of the CEQA Guidelines as a minor alteration to the existing street system.
Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending
Sections of Chapter 10.56
(“Special Speed Zones”) of
Title 10 (Vehicles and
Traffic) to Reflect the 2025
Traffic Survey
Item 16: Staff Report Pg. 4 Packet Pg. 598 of 828
NOT YET APPROVED
4 143_20251007_ts24
SECTION 6. This ordinance shall be effective 31 days after adoption.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
____________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
____________________________ ____________________________ Assistant City Attorney City Manager
____________________________
Chief Transportation Official
Item 16
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending
Sections of Chapter 10.56
(“Special Speed Zones”) of
Title 10 (Vehicles and
Traffic) to Reflect the 2025
Traffic Survey
Item 16: Staff Report Pg. 5 Packet Pg. 599 of 828
City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: December 1, 2025
Report #:2511-5456
TITLE
SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (The Zoning Map) to Change the Classification of Property Located at 511 Byron St, 660 University Ave, and 680 University Ave/500 Middlefield Rd from RM-20 Low Density Multiple-Family Residential (RM-20) to Planned Community (PC) (FIRST READING: November 10, 2025, PASSED: 4-1-2, Lu no, Stone, Veenker absent)
BACKGROUND
The City Council heard this item on November 10, 2025 for a first reading and approved it on a 4-1-2, Lu no, Stone, Veenker absent vote. No changes were made to the ordinance, and it is now before the City Council for a second reading.
ATTACHMENTS
Attachment A: Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (The Zoning Map) to Change the Classification of Property Located at 511 Byron St, 660 University Ave, and 680 University Ave/500 Middlefield Rd from RM-20 Low Density Multiple-Family Residential (RM-20) to Planned Community (PC) APPROVED BY:
Mahealani Ah Yun, City Clerk
Item 17
Item 17 Staff Report
Item 17: Staff Report Pg. 1 Packet Pg. 600 of 828
*NOT YET APPROVED*
1 Ordinance No. 5684
Ordinance of the Council of the City of Palo Alto Amending Section 18.08.040 of the Palo Alto Municipal Code (The Zoning Map) to Change the Classification of Property Located at 511 Byron St, 660 University Ave, and 680 University Ave/500 Middlefield Rd from RM-20 Low Density Multiple-Family Residential (RM-20) to Planned Community (PC)
The Council of the City of Palo Alto ORDAINS as follows:
SECTION 1. Findings and Declarations.
(a) On December 21, 2021, Lund Smith of Smith Development (“Applicant”) submitted an application for Rezoning to Planned Community/Planned Home Zoning (PHZ) to deconstruct two existing medical office buildings (9,216 square feet) and redevelop the site at 511 Byron St, 660 University Ave, and 680 University Ave/500 Middlefield Rd (the “Subject Property,” more particularly described in Exhibit A). Following a series of revisions, the Applicant sought approval of a new six-story mixed- use building with 70 residential rental units, fourteen of which would be deed restricted to be rented at below market rates, approximately 1,984 square feet of office, and a two level below-grade parking garage (the “Project”). The applicant proposes to merge the three existing lots at the Subject Property through a separate application. (b) Following Staff Review, the Planning and Transportation Commission (“PTC” or “Commission”) reviewed the initial project on November 16, 2022 and forwarded the project to the Architectural Review Board.
(c) The Architectural Review Board (“ARB” or “Board”) initially reviewed the initial project on December 1, 2022 and, following applicant modifications, reviewed the project again on April 18, 2024 and recommended approval of the project to the City Council. (d) Following the ARB’s April 2024 recommendation, the applicant again made modifications to the plans. The ARB reviewed further revised plans on December 5, 2024 and recommended approval of the project to the City Council. (e) The PTC reviewed the revised project on March 12, 2025; and continued the hearing to date uncertain.
(f) Following the PTC’s March 2025 hearing, the applicant made substantial modifications to the plans. The ARB again reviewed further revised plans on August 21, 2025 and recommended approval of the project to the City Council. (g) The PTC reviewed the revised project on October 8, 2025 and recommended approval of the project to the City Council with conditions.
Item 17
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Section
18.08.040 of the Palo Alto
Municipal Code (The Zoning
Map) to Change the
Classification of Property
Located at 511 Byron St,
660 University Ave, and 680
University Ave500
Middlefield Rd from RM-20
Low Density Multiple-Family
Residential (RM-20) to
Planned Community (PC)
Item 17: Staff Report Pg. 2 Packet Pg. 601 of 828
*NOT YET APPROVED*
2 (h) Approval of the Planned Community Project would constitute a project under the provisions of the California Environmental Quality Act of 1970, together with related state and local implementation guidelines promulgated thereunder (“CEQA”). (i) The City is the Lead Agency pursuant to Public Resources Code section 21067 as it has the principal responsibility to approve and regulate the Planned Community Project. (j) The City, in compliance with CEQA, prepared a Draft Environmental Impact Report for the project. The Draft EIR was circulated for public review from April 2, 2024 to May 17, 2024.
The Draft EIR found there are no significant and unavoidable environmental impacts. A response to comments and Final EIR, published in March 2025, maintained there are no significant and unavoidable impacts associated with the revisions made to the design. A revised Final EIR, published in September 2025, did not result in any change to these conclusions. (k) The Council is the decision-making body for approval of the Planned Community Project. (l) The site is so situated, and the use or uses proposed for the site are of such characteristics that the application of general districts or combining districts will not provide sufficient flexibility to allow the proposed development. Specifically, the project proposes mixed use development with a 3.1:1 FAR and a 73.6 foot height, setbacks ranging from zero to
26.5 feet, reduced open space and a parking reduction. The existing RM-20 zoning does not allow the proposed commercial use and no other existing zoning district would permit the project as proposed. In order to provide the floor area, lot coverage, setbacks, and other standards that allow for development of the project as proposed, a planned community rezoning is necessary.
(m) Development of the site under the provisions of the PC planned community district will result in public benefits not otherwise attainable by application of the regulations of general districts or combining districts, as set forth in Section 6 of this ordinance. (n) The use or uses permitted, and the site development regulations applicable within the district are consistent with the Palo Alto Comprehensive plan, as amended, and compatible with existing and potential uses on adjoining sites or within the general vicinity, as set forth in the Record of Land Use Action (Exhibit B) accompanying this ordinance.
SECTION 2. Amendment of Zoning Map.
Section 18.08.040 of the Palo Alto Municipal Code, the “Zoning Map,” is hereby amended by changing the zoning of Subject Property from Low Density Multiple-Family Residential (RM-20) to “Planned Community Zone (PC) 5684”.
SECTION 3. Project Description.
The Project as a whole is described in the Development Plan, titled “660 University Avenue, Palo Alto, CA” and uploaded to the Palo Alto Online Permitting Services Citizen Portal on August 8, 2025. With respect to the Subject Property, the project comprises the uses included in this Item 17
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Section
18.08.040 of the Palo Alto
Municipal Code (The Zoning
Map) to Change the
Classification of Property
Located at 511 Byron St,
660 University Ave, and 680
University Ave500
Middlefield Rd from RM-20
Low Density Multiple-Family
Residential (RM-20) to
Planned Community (PC)
Item 17: Staff Report Pg. 3 Packet Pg. 602 of 828
*NOT YET APPROVED*
3 Ordinance, depicted on the Development Plans, incorporated by reference, including the following components:
(a) Redevelopment of the Subject Property, as described in more detail in the Development Plan, including deconstruction of two existing medical office buildings, and construction of a new six-story mixed- use building with 70 residential rental units, approximately 1,984 square feet of office, and a two level below-grade parking garage. Fourteen of the proposed residential units will be deed restricted to be rented at below market rates as follows:
Studio Unit One Bedroom Two Bedroom
Extremely Low
Income
Very Low Income 1 1
Low Income 3 2
Moderate Income 2 4 1
Totals 6 7 1
(b) Merger of three existing lots through a separate application.
SECTION 4. Land Uses
(a) The following land uses shall be permitted:
(1) Multi-family residential;
(2) Up to 1,984 square feet, as depicted in the project plans, of office and neighborhood-serving uses, as defined in Palo Alto Municipal Code Section
18.16.030;
(3) Accessory facilities and uses customarily incidental to permitted uses.
SECTION 5. Site Development Regulations and Development Schedule (a) Development Standards:
Development standards for the Subject Property shall be those conforming to the Development Plans.
(b) Parking and Loading Requirements:
The Owner shall provide parking and loading as set forth in the Development Plan. Specifically, the Owner shall provide 78 parking spaces.
Item 17
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Section
18.08.040 of the Palo Alto
Municipal Code (The Zoning
Map) to Change the
Classification of Property
Located at 511 Byron St,
660 University Ave, and 680
University Ave500
Middlefield Rd from RM-20
Low Density Multiple-Family
Residential (RM-20) to
Planned Community (PC)
Item 17: Staff Report Pg. 4 Packet Pg. 603 of 828
*NOT YET APPROVED*
4 (c) Modifications to the Development Plan, Land Uses and Site Development Regulations:
Once the project has been constructed consistent with the approved Development Plan, any modifications to the exterior design of the Development Plan or any new construction not specifically permitted by the Development Plan or the site development regulations contained in Section 5 (a) – (b) above may require an amendment to the Planned Community zoning, consistent with PAMC 18.38.050 and 18.76.020. Any use not specifically permitted by this ordinance shall require an amendment to the PC ordinance. (g) Development Schedule:
The project is required to include a Development Schedule pursuant to PAMC §18.38.100. The applicant has indicated that development is anticipated to begin in June, 2027 and conclude in May 2028.
Notwithstanding the above, construction of the project shall commence within two years of the effective date of this ordinance. Prior to expiration of this timeline, the Owner may seek a one year extension from the Director of Planning and Development Services. All construction and development of the project shall be complete within 3 years of the start of construction.
SECTION 6. Public Benefits.
(a) Public Benefits
Development of the Project Site under the provisions of the PC Planned Community District will result in public benefits not otherwise attainable by application of the regulations of general districts or combining districts.
The public benefit provided by the Project is fourteen dwelling units at below market rates as further described in Section 3. This exceeds the base requirement in Palo Alto Municipal Code Chapter 16.65 and the onsite rental requirement set forth in Ordinance 5623, Section 3.
SECTION 7. Environmental Review
The City, in compliance with CEQA, prepared a Draft Environmental Impact Report for the project.
The Draft EIR was circulated for public review from April 2, 2024 to May 17, 2024. The Draft EIR found there are no significant and unavoidable environmental impacts. A response to comments and Revised Final EIR published October 1, 2025 maintained there are no significant and unavoidable impacts associated with the revisions made to the design. //
//
//
Item 17
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Section
18.08.040 of the Palo Alto
Municipal Code (The Zoning
Map) to Change the
Classification of Property
Located at 511 Byron St,
660 University Ave, and 680
University Ave500
Middlefield Rd from RM-20
Low Density Multiple-Family
Residential (RM-20) to
Planned Community (PC)
Item 17: Staff Report Pg. 5 Packet Pg. 604 of 828
*NOT YET APPROVED*
5 SECTION 8. Effective Date
This ordinance shall be effective on the thirty-first day after the date of its adoption (second reading).
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
__________________________
City Clerk
APPROVED AS TO FORM:
__________________________
Assistant City Attorney
_________________________
Mayor
_________________________
City Manager
__________________________
Director of Planning and
Development Services
Item 17
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Section
18.08.040 of the Palo Alto
Municipal Code (The Zoning
Map) to Change the
Classification of Property
Located at 511 Byron St,
660 University Ave, and 680
University Ave500
Middlefield Rd from RM-20
Low Density Multiple-Family
Residential (RM-20) to
Planned Community (PC)
Item 17: Staff Report Pg. 6 Packet Pg. 605 of 828
*NOT YET APPROVED*
6 Exhibit A Legal Description
REAL PROPERTY IN THE CITY OF PALO ALTO, COUNTY OF SANTA CLARA, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS:
Parcel 1:
All of Lots 59 and 60, and the Southwesterly 9 feet, front and rear measurements of lot 58, as shown on the map of MAP OF NELSON J. BIRD'S SUBDIVISION OF BLOCK 42, UNIVERSITY PARK (NOW PALO ALTO), which map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, November 23, 1889 in Book D of Maps, Page 149.
Parcel 2:
All of Lots 56 and 57, and the Northeasterly 16 feet, front and rear measurements of lot 58, as shown on the MAP OF NELSON J. BIRD'S SUBDIVISION OF BLOCK 42, UNIVERSITY PARK (NOW PALO ALTO), which map was filed for record in the Office of the Recorder of the County of Santa Clara, State of California, November 23, 1889 in Book D of Maps, Page 149.
Parcel 3:
Lots 52, 53, 54 and 55, MAP OF NELSON J. BIRD'S SUBDIVISION OF BLOCK 42, UNIVERSITY PARK, filed November 23, 1889 in Book D of Maps, Page 149, Santa Clara County Records.
APN: 120-03-042 (Affects Parcel 1); 120-03-043 (Affects Parcel 2); and 120-03-044 (Affects Parcel 3)
Item 17
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Section
18.08.040 of the Palo Alto
Municipal Code (The Zoning
Map) to Change the
Classification of Property
Located at 511 Byron St,
660 University Ave, and 680
University Ave500
Middlefield Rd from RM-20
Low Density Multiple-Family
Residential (RM-20) to
Planned Community (PC)
Item 17: Staff Report Pg. 7 Packet Pg. 606 of 828
*NOT YET APPROVED*
7 Exhibit B Record of Land Use Action 2025-07
Item 17
Attachment A - Ordinance
of the Council of the City of
Palo Alto Amending Section
18.08.040 of the Palo Alto
Municipal Code (The Zoning
Map) to Change the
Classification of Property
Located at 511 Byron St,
660 University Ave, and 680
University Ave500
Middlefield Rd from RM-20
Low Density Multiple-Family
Residential (RM-20) to
Planned Community (PC)
Item 17: Staff Report Pg. 8 Packet Pg. 607 of 828