REPORT TO COUNCIL
SUBJECT
Title
Public Hearing and Introduction of Ordinance: 1) Amending Various Sections of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code to Adopt by Reference the 2025 California Building, Residential, Mechanical, Plumbing, Electrical, Building Standards Administrative, Energy, Historical Building, Existing Building, Wildland-Urban Interface, and Green Building Standards Codes, and the International Property Maintenance Code, with Local Amendments and Related Findings; 2) Finding the Action is Exempt from the California Environmental Quality Act
Report
BACKGROUND
The California Building Standards Commission (CBSC) is responsible for administering the implementation of the California building codes, which include the proposal, review, and adoption processes. The building codes are contained in the California Code of Regulations, Title 24. Since 1989, the CBSC has published triennial editions of these codes.
In January 2025, the State of California adopted the 2025 California Building Codes (known as the California Building Standards Code) and published the documents on July 1, 2025. All local jurisdictions are required to hold public hearings and adopt these codes with any local amendments by January 1, 2026, or be mandated to accept by default the version adopted by the State. Local amendments to the model State codes must be supported with findings that are based on unique local climatic, geologic, and topographic conditions.
As noted in the Discussion section below, staff has been working with other Bay Area jurisdictions to coordinate and limit local amendments to the building codes. The jurisdictions are part of the California Building Officials (CALBO) East Bay and Peninsula chapters that include the majority of cities/towns and counties in Alameda, Contra Costa, San Mateo and Santa Clara Counties. As part of these efforts, the recommended amendments will be implemented throughout local jurisdictions in the Bay Area.
EXISTING POLICY
The City is presently using the 2022 California Building Code, Residential Code, Green Building Code, Plumbing Code, Mechanical Code, Electrical Code, Historical Building Code, Energy Code, Existing Building Code, Building Standards Administrative Code, and the 2021 International Property Maintenance Code. The State mandates enforcement of the updated California Building Standards Code, and it will go into effect regardless of the City’s action or lack of action. The City has some discretion to adopt local amendments to the CBSC.
GENERAL PLAN
COMMUNITY VISION
Vision Statement
Sunnyvale is an attractive, safe, environmentally sensitive community that takes pride in the diversity of its people, the innovation of its business, and the responsiveness of its government.
Vision
It is the aspiration of the people of Sunnyvale to build upon the attributes which the City currently enjoys, so that Sunnyvale of the future will become …
• A safe, secure and healthy place for all people … where the health and safety of residents is a primary concern. Sunnyvale is a clean and attractive city with many opportunities for physical activity in a natural environment.
GOAL IV. Safe and Healthy Community - To maintain Sunnyvale’s traditional high level of public health and safety, so all residents, employees and visitors feel safe at all times and in all places in the City.
LAND USE AND TRANSPORTATION (LT)
Alternate/Renewable Energy Systems
Policy LT-2.7 Provide Sunnyvale residents and businesses with opportunities to develop private, renewable energy facilities.
• LT-2.7a Maintain and regularly review and update uniform and comprehensive standards for the development, siting, and installation of solar, wind, and other renewable energy and energy conservation systems on private property which address public health, safety, community welfare, and the aesthetic quality of the City.
SAFETY AND NOISE (SN)
HAZARDS AND DISASTER PREPAREDNESS AND RESPONSE
GOAL SN-1 ACCEPTABLE LEVELS OF RISK FOR NATURAL AND HUMAN-CAUSED HAZARDS - Ensure that natural and human-caused hazards are recognized and considered in decisions affecting the community, and that land uses reflect acceptable levels of risk based on identified hazards and occupancy.
COUNCIL POLICY 7.3.1 Legislative Management
GOAL 7.3B Assure that City policy is established, documented and enacted according to established procedures and legal principles.
Policy 7.3B.3 Prepare and update ordinances to reflect current community issues and concerns in compliance with state and federal laws.
ENVIRONMENTAL REVIEW
This action is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the local amendments adopted will have a significant effect on the environment. The proposed amendments are also exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines (Class 8 [actions taken by a regulatory agency for the protection of the environment]).
DISCUSSION
Following is a list of codes adopted by the State for implementation on January 1, 2026, and that are proposed to be adopted by the City:
- 2025 California Building Code (based on the 2024 International Building Code)
- 2025 California Residential Code (based on the 2024 International Residential Code)
- 2025 California Mechanical Code (based on the 2024 Uniform Mechanical Code)
- 2025 California Plumbing Code (based on the 2024 Uniform Plumbing Code)
- 2025 California Electrical Code (based on the 2023 National Electrical Code)
- 2025 California Building Standards Administrative Code
- 2025 California Energy Code
- 2025 Wildland-Urban Interface Code (based on the 2024 International Wildland-Urban Interface Code)
- 2025 California Historical Building Code
- 2025 California Existing Building Code
- 2025 California Green Building Standards Code
- 2024 International Property Maintenance Code
Every city and county in California is required to adopt the above-referenced codes, with local amendments as may be appropriate, and implement them on January 1, 2026. Many of the proposed local amendments to the 2025 California Building and Residential Codes are administrative. The 2020 Reach Code amendments are revised to incorporate the advancements in the 2025 California Energy Code and Green Building Standards Code for solar installations and EV installation requirements. Except for Reach Codes, the 2022 code amendments that maintain consistency with other provisions of the Sunnyvale Municipal Code and reflect the City’s current policies and practices dealing with building code enforcement are brought forward.
AB 306 was introduced into the State Legislature, addressing the impact of the January 2025 Eaton and Palisades fires. The bill proposed placing a moratorium on local jurisdictional amendments to the residential portions of the California codes for six years. Due to time constraints to pass this law by the end of the legislative calendar, the bill was rolled into a trailer bill (AB 130) to the budget and was passed on June 30, 2025. AB 130 restricts local amendments to the State construction codes for residential development effective October 1, 2025. The law includes exceptions for preexisting local amendments and other local amendments addressing home hardening (building design to make residences more resistant to wildfire damage), increasing life/safety requirements (mainly structural), and modifying reach codes identified in the General Plan. AB 130 was initially written to expedite residential reconstruction after the Eaton and Palisades fires. Through collaboration with other legislators, it now includes language that allows local jurisdictions to promote fire-resistive construction, greenhouse gas reduction, and affordable housing. As a result of AB 130, for the next six years, local building code amendments for residential development generally may not be proposed or adopted by the City, unless they fit into one of the exceptions.
The following sections summarize the proposed amendments.
Reach Codes
The City adopted Ordinance No. 3168-20, otherwise known as the Reach Codes (RTC No. 20-0783). This Ordinance adopted amendments to the California Energy Code and the California Green Building Standards. The amendments included a requirement for new and substantially reconstructed buildings to be all-electric, have solar panels, and install EV chargers. Due to a ruling from the 9th Circuit Court of Appeals stating that all-electric construction cannot be mandated due to conflicts with federal law, the all-electric construction portion of the City’s adopted Reach Codes was suspended (Resolution 1238-24).
The City could maintain the current all-electric Reach Code provisions so that if federal law changes, the all-electric provisions can be applied with repeal of the resolution enacting the suspension. Alternatively, the City could remove the all-electric requirements from the code to reduce confusion for those using the City codes. These Reach Code provisions could be used as a template for new all-electric codes, if the federal law changes. Staff has prepared the draft ordinance with the proposed removal of these all-electric provisions. Although the all-electric provisions of the 2020 Reach Codes are suspended, the strict requirements for EV chargers and solar panel installations for new and substantially reconstructed buildings have remained in effect.
To amend the 2025 California Energy Code, verification that the amendment does not financially burden the consumer must be provided to the Energy Commission through a cost-effectiveness study. The current City amendment to the 2022 Energy Code requires solar panels for all new construction. The 2025 State building codes include solar provisions similar to the City’s 2022 amendments. State-required energy efficiency can be achieved through one of two compliance methods: Prescriptive or Performance. The Prescriptive method is a one-size-fits-all design that mandates solar panels. The Performance method is a point-based system for various energy efficiency features (e.g. higher R-value insulation, higher efficient windows, or higher efficient air conditioning system) designed to fit the exact needs of a building. Solar panels are not required, but they are heavily weighted in the building design parameters. Since the City’s 2022 amendment is essentially equivalent to the State’s requirements, the City’s amendments are not considered more cost-effective and therefore will not be approved by the State.
The Green Building Standards Code has increased the EV installation requirements which matches some of the City’s 2020 Reach Codes. A comparison table is attached (Attachment 2). To integrate the State’s updated EV requirements with City requirements, this proposed ordinance has been modified to address the differences. The EV installation requirements apply to new construction only, for all land use types.
Due to AB 130 and the need to have residential amendments in effect before October 1, 2025, the City recently adopted Ordinance No. 3244-25 as a subset of the Reach Codes that applies when existing residential (single-family, duplex and townhouse) buildings undergo a remodel, alteration, or addition. These amendments (electric readiness and AC to Heat Pump installation) have been rolled over into the amendments to the 2025 codes in the proposed ordinance. As a note, the City Council directed staff to prepare an education program prior to implementation of the ordinance.
Wildland-Urban Interface Code
The State Fire Marshal has identified geographical areas identified by the State as a “Fire Hazard Severity Zone”, areas exposed to a significant risk from wildfires. As a response to increased wildfire activity throughout California, the State Fire Marshal integrated fire-hardening (fire-resistive construction) code sections into the 2022 CA Residential Code and the CA Building Code. Under the 2025 code adoption, the state consolidated the criteria into one code, which was adopted as Title 24, Part 7 of the 2025 Wildland-Urban Interface Code. Sunnyvale is not located within a Fire Hazard Severity Zone; therefore, it is not subject to this code.
Effective Date
Consistent with State law, the State-adopted Building Codes will go into effect on January 1, 2026, unless amended by local ordinance adopted before January 1, 2026. Thus, the City’s local amendments will be effective on January 1, 2026, the same time when the State model codes will otherwise go into effect statewide.
FISCAL IMPACT
Costs related to staff training and the purchase of new code books are included in the FY 2025/26 operating budget for the Building Safety Division. These costs are covered by building permit revenues.
PUBLIC CONTACT
Public contact was made by posting the Council meeting agenda on the City's official-notice bulletin board at City Hall, at the Sunnyvale Public Library and in the Department of Public Safety Lobby. In addition, the agenda and this report are available at the City Hall reception desk located on the first floor of City Hall at 456 W. Olive Avenue (during normal business hours), and on the City's website.
Notice of this meeting was also published in the Sun newspaper, a newspaper of general circulation, on August 29, 2025 and September 12, 2025. An email notification was sent to the American Institute of Architects, Building Industry Association, neighborhood associations, and NAIOP, a commercial real estate development association.
ALTERNATIVES
1. Introduce an Ordinance: 1) Amending Various Sections of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code to Adopt by Reference the 2019 California Building, Residential, Mechanical, Plumbing, Electrical, Building Standards Administrative, Energy, Historical Building, Existing Building, Wildland-Urban Interface, and Green Building Standards Codes, and the International Property Maintenance Code, with Local Amendments and Related Findings; 2) Finding the Action is Exempt from the California Environmental Quality Act (Attachment 1 to the report).
2. Alternative 1 with modifications.
3. Do not introduce the Ordinance and provide further direction to staff.
STAFF RECOMMENDATION
Recommendation
Alternative 1: Introduce an Ordinance: 1) Amending Various Sections of Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code to Adopt by Reference the 2019 California Building, Residential, Mechanical, Plumbing, Electrical, Building Standards Administrative, Energy, Historical Building, Existing Building, Wildland-Urban Interface, and Green Building Standards Codes, and the International Property Maintenance Code, with Local Amendments and Related Findings; 2) Finding the Action is Exempt from the California Environmental Quality Act (Attachment 1 to the report).
JUSTIFICATION FOR RECOMMENDATION
As noted in the Discussion section, staff has been working with other Bay Area jurisdictions to coordinate and limit local amendments to the building codes. As part of these efforts, the recommended amendments will be implemented throughout local jurisdictions in the Bay Area. Staff is also recommending other modifications to the 2025 California Building Codes to maintain conformance with current policies and procedures, as described in this report, as well as recommending two adjustments to enhance the Reach Codes.
The adoption of these codes and amendments will have a positive impact, as it will allow the public to take advantage of current and upgraded construction and life safety provisions that have been revised under these codes.
Levine Act
LEVINE ACT
The Levine Act (Gov. Code Section 84308) prohibits city officials from participating in certain decisions regarding licenses, permits, and other entitlements for use if the official has received a campaign contribution of more than $500 from a party, participant, or agent of a party or participant in the previous 12 months. The Levine Act is intended to prevent financial influence on decisions that affect specific, identifiable persons or participants. For more information, see the Fair Political Practices Commission website: www.fppc.ca.gov/learn/pay-to-play-limits-and-prohibitions.html
An “X” in the checklist below indicates that the action being considered falls under a Levine Act category or exemption:
SUBJECT TO THE LEVINE ACT
___ Land development entitlements
___ Other permit, license, or entitlement for use
___ Contract or franchise
EXEMPT FROM THE LEVINE ACT
___ Competitively bid contract*
___ Labor or personal employment contract
___ Contract under $50,000 or non-fiscal
___ Contract between public agencies
_X_ General policy and legislative actions
* "Competitively bid" means a contract that must be awarded to the lowest responsive and responsible bidder.
Staff
Prepared by: Suzanne Park, Chief Building Official
Reviewed by: Trudi Ryan, Director, Community Development
Reviewed by: Connie Verceles, Deputy City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENT
1. Draft Ordinance
2. Comparison Chart for EV Installations
3. 2025 Single Family AC to Heat Pump Replacement Cost-Effectiveness Study