City Council Staff Report Page 1 of 4 October 28, 2025
Agenda Item No. 5.2
DATE: October 28, 2025
TO: Honorable Mayor and Members of the City Council
FROM: Kris Kokotaylo, City Attorney
SUBJECT: Introduce by Title Only, an Ordinance of the City Council of the City of Union City Repealing and Replacing Chapters 15.20, 15.40, 15.44,
15.48, 15.52, 15.80, 15.81, and 15.84 of Title 15, Building and Construction, of the Union City Municipal Code to Incorporate the 2025 California Building Codes with Local Amendments and Adopt a Resolution Finding and Determining the Need for Local Amendments Are Reasonably Necessary Because of Local Climatic, Geologic, or Topographical Conditions, in Accordance with California Health and Safety Code Section 17958.7
EXECUTIVE SUMMARY
Every three years, the California Building Standards Commission (CBSC), along with other state agencies, reviews the California Building Standards Code (California Code of Regulations, Title 24) for use throughout California. The Building Standards Codes are codified as Union City Municipal Code Title 15, Building and Construction. Once adopted by the State, the revisions become effective by default and without local approval or amendments. Cities and counties may then adopt local amendments to the California Building Standards Code based on local climatic, geological, and topographical conditions. Any amendments by the City must be at least as stringent as those outlined in the Building Standards Code.
The proposed Ordinance repeals and replaces various chapters of Title 15 of the Municipal Code to incorporate the 2025 California Building Codes, with local amendments. The City Council is also required to set a public hearing for the adoption of the Ordinance, which will be held on November 25, 2025.
Staff and the City Attorney’s Office recommend that the City Council waive full reading and introduce by title only the proposed Ordinance repealing and replacing various chapters of Title 15 of the Municipal Code to incorporate the 2025 California Building Codes. Additionally, the Staff and the City Attorney’s Office recommend that the City Council adopt a resolution making findings justifying local amendments based on local climatic, geologic, and topographic conditions.
Agenda Item No. 5.2
City Council Staff Report Page 2 of 4 October 28, 2025
STRATEGIC PLAN ALIGNMENT
This item is not related to the strategic plan, as it is required as part of the triennial update to the California Building Codes.
BACKGROUND
The regulations in California governing building standards are found in the California Building Standards Code (CBS), also known as Title 24 of the California Code of Regulations (CCR). The California Building Standards Code is made up of 12 parts containing various construction codes (i.e., building, residential, electrical, plumbing, mechanical, energy, green building, existing building, fire, historical structures, etc.), which are adopted in whole or in part and then amended by some 14 different State agencies. The California Building Standards Commission (CBSC) is an independent commission within the State Consumer Services Agency responsible for reviewing, adopting, and publishing the State of California's building standards. Every three years, the CBSC, along with other State agencies, reviews the California Building Standards Code for use throughout California. Once adopted by the State, the revisions become effective by default and without local approval or amendments.
In accordance with State law, the newly updated 2025 California Building Standards Code, in its entirety, and other related appendices will go into effect on January 1, 2026, with or without City action.
The California Health and Safety Code allows local governments to amend building standards contained in the California Building Standards Code when the modifications are at least as stringent as what is required by the codes, and provided that amendments are made with express findings of need based on local climatic, geological, or topographical conditions, by resolution.
The 2022 California Building Standards Code, currently in effect in Union City, will become null and void effective January 1, 2026, at which time the 2025 Building Standards Code will become effective throughout California. The proposed Ordinance will adopt the 2025 California Building Standards Code by reference and include local amendments consisting of structural, fire and life safety, green building and sustainability, and administrative provisions or procedures. The majority of the proposed amendments are a continuation of previously adopted amendments from prior code adoption cycles.
DISCUSSION
State Building Codes
The proposed Ordinance includes the adoption of the following building codes by reference and publishes the revised sections of the Union City Municipal Code, as follows:
• Chapter 15.20 California Fire Code– CCR Title 24 Part 9 • Chapter 15.40 California Building Code– CCR Title 24 Part 2 • Chapter 15.44 California Electrical Code– CCR Title 24 Part 4 • Chapter 15.48 California Plumbing Code– CCR Title 24 Part 6 • Chapter 15.52 California Mechanical Code– CCR Title 24 Part 5 • Chapter 15.80 California Residential Code– CCR Title 24 Part 3 Agenda Item No. 5.2
City Council Staff Report Page 3 of 4 October 28, 2025
• Chapter 15.81 California Existing Building Code– CCR Title 24 Part 10 • Chapter 15.84 California Green Building Standards Code– CCR Title 24 Part 11 Approval of the Ordinance will ensure consistency of the City of Union City’s Building, Electrical, Mechanical, Plumbing, and Existing Building Codes with state standards and ensure that the City codes provide additional protection for the health, welfare, and safety of residents, as required due to local climatic, geological, and topographical conditions.
Resolution of Local Condition Findings
Health and Safety Code Sections 17958, 17958.5, and 17958.7 require the City Council to make findings regarding local climatic, geological, and topographical conditions before adopting local amendments to the State adopted California Building Standards Code.
Each technical amendment requires the local jurisdiction to make a finding that the amendment is reasonably necessary due to local climatic, geological, or topographical conditions (California Health and Safety Code, Section 17958.7).
The proposed amendments to the building standards codes are based primarily on earthquake and soil conditions in Union City. The suggested local amendments proposed by this resolution are generally consistent with the direction, existing policies, and construction requirements previously adopted by the City. These findings are incorporated in the draft Resolution.
AB 130 and Its Effect on Local Building Code Amendments Pursuant to Assembly Bill 130 (Chapter 22, Statutes of 2025) and guidance issued by the California Building Standards Commission (Information Bulletin 25-03, see Attachment C), cities and counties are subject to a six-year moratorium on new or amended local building standards affecting residential occupancies—specifically, Residential Group R occupancies (R-1, R-2, R-2.1, R-2.2, R-3, R-3.1, and R-4) as defined in Section 310 of the California Building Code, and detached one- and two-family dwellings and townhouses regulated by the California Residential Code. The moratorium is effective October 1, 2025, through June 1, 2031, except for limited statutory exceptions such as (1) previously filed local amendments with no material change in regulatory effect; (2) emergency standards necessary to protect public health and safety; (3 and 4) amendments related to home hardening or Wildland-Urban Interface fire-resistance standards; or (5) amendments necessary to implement a local greenhouse-gas reduction strategy consistent with a general plan approved on or before June 10, 2025, that both permits mixed-fuel residential construction consistent with federal law and incentivizes all-electric construction as part of an adopted climate action framework.
In compliance with AB 130, the City of Union City is carrying forward—without change— all local amendments previously adopted with the 2022 California Building Standards Codes that affect residential occupancies. These amendments were duly filed with the California Building Standards Commission and are considered “previously filed” amendments with no material change in regulatory effect. For non-residential occupancies, the City likewise continues its 2022 local amendments and administrative provisions, updated only as necessary to align numbering and references with the 2025 California Building Standards Codes. Collectively, these updates constitute a continuation and reaffirmation of existing City practice, ensuring consistency and legal conformity with Agenda Item No. 5.2
City Council Staff Report Page 4 of 4 October 28, 2025
both State law and local conditions, while introducing no new substantive changes to residential standards restricted under AB 130.
Public Notice
Because the California Building Standards Code will be adopted by reference, a public hearing must be held after the Ordinance is introduced. That hearing will be duly noticed and scheduled for November 25, 2025.
FISCAL IMPACT
There are no fiscal impacts associated with the introduction of the attached ordinances.
The proposed Ordinances maintain fees at the current rate outlined in the Union City Master Fee Schedule for permits, plan checking, and other Building Division and Fire Department services.
RECOMMENDATION
Staff recommends that City Council hold a public hearing, waive further reading, and adopt an Ordinance to repeal and replace chapters 15.20, 15.40, 15.44, 15.48, 15.52,
15.80, 15.81, and 15.84 Title 15, Building and Construction, of the Union City Municipal Code to incorporate the 2022 California Building Codes with local amendments; and adopt a resolution adopting findings justifying local amendments based on local climatic, geologic, and topographic conditions.
Prepared by: Erica Gonzalez, Attorney
Submitted by: Kristopher J. Kokotaylo, City Attorney
Attachments
1. Draft Ordinance
2. Draft Resolution