REPORT TO COUNCIL
SUBJECT
Title
Introduce an Ordinance Amending Ordinance No. 3248-25 and Title 16 (Buildings and Construction) of the Sunnyvale Municipal Code to Supplement the Findings and Revise the Recently Adopted 2025 Triennial California Building Code Amendments with Clarifications Related to the Energy Code and Green Building Code and Make Minor Corrections
Report
BACKGROUND
As required by State law, local jurisdictional amendments to the California Energy Code must be submitted to the California Energy Commission (CEC) to demonstrate that the changes are more cost-effective than the requirements adopted by the State. In 1974, the Warren-Alquist Act was passed by the California Legislature, which created the CEC. The Act required the CEC to adopt and implement building energy efficiency standards that are cost-effective over the economic life of a structure. If a city or county wants to adopt stricter requirements to reduce greenhouse gases further, it must demonstrate that the cost impact on a building will not increase.
On September 30, 2025, the City Council introduced an ordinance to update the Sunnyvale Municipal Code to adopt the triennial edition of the State Building Codes, along with local amendments (RTC No. 25-0610). On October 21, 2025, the City Council adopted this ordinance (Ordinance No. 3248-25).
The adopted ordinance was submitted to the CEC for review. CEC staff requested that, prior to review by the CEC, the ordinance be modified to state that the local amendments to the 2025 California Energy Code are consistent with the California Code of Regulations, Title 24, Part 1, §10-106(b) 2 and 3. These regulations outline the documentation requirements for the Executive Director of the CEC and include the requirement for an express statement of findings that the proposed energy standards will require buildings to be designed to consume less energy. Although City staff provided this information with the ordinance demonstrating compliance with Section 10-106 (b) 2 and 3, which was provided to both the City Council and the CEC, the CEC staff has requested that the ordinance specifically reference California Code of Regulations, Title 24, Part 1, §10-106(b) 2 and 3.
After reviewing the ordinance to address the CEC concerns, City staff identified additional revisions related to other Building Codes provisions needed to clarify and correct the recent amendments. These are described below in this report.
EXISTING POLICY
COUNCIL POLICY MANUAL
Policy 7.3.1 Legislative Management - Goals and Policies
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 and corrected and the adoption of supplemental findings will have a significant effect on the environment.
DISCUSSION
Public Resources Code Section 25402.1(h)(2) allows for more stringent local amendments to the energy efficiency and conservation provisions contained within the California Energy Code. The California Administrative Code, California Code of Regulations, Title 24, Part 1, §10-106, requires local governmental agencies seeking to adopt such amendments to submit them to the California Energy Commission for approval.
The cover sheet to the Commission (Attachment 2) states that the ordinance meets the requirements of the California Administrative Code and the California Code of Regulations, Title 24, Part 1, §10-106, which specify standards that are cost-effective and consume less energy than those required by the 2025 California Energy Code. Ordinance 3248-25 met the itemized requirements of Title 24, Part 1, §10-106 through the supporting attachments and the cover letter. However, the findings did not specifically refer to this specific code section. Ordinance No. 3248-25 was submitted to the CEC for approval on October 31, 2025. Since this information was not included in the findings section of the ordinance, CEC staff returned the application to the City to make this change before the ordinance would be scheduled for a CEC hearing.
The California Building Standards Commission is the principal state body that approves local amendments to the California building codes. Only the portions of the local amendments that affect the cost-effectiveness and energy efficiency require approval of the CEC as well. The Building Standards Commission approved the City’s local amendments on October 31, 2025, for enforcement beginning on January 1, 2026. The action by the CEC, rejecting only the portions of the ordinance that specifically apply to the California Administrative Code, California Code of Regulations, Title 24, Part 1, §10-106, does not affect the adoption of the remaining portions of the ordinance or affect the other 2025 building code amendments and their current enforceability.
In addition to the revisions to the energy code-related findings requested by the CEC, City staff identified other corrections and clarifications to make to the building codes more generally. These additional changes will need approval from the CBSC. The amendments are as follows:
1. SMC Section 16.16.030. Revise the language to place a clarification of the enforcement agency in the code at the end of the paragraph, rather than at the beginning of the paragraph, to be consistent with the California Building Code.
2. SMC Sections 16.16.070, 16.16.090, 16.16.120, 16.17.060, 16.17.100, 16.32.030, 16.43.040, 16.17.080 Correct typographical errors in the original ordinance.
3. SMC Section 16.24.025, 16.28.025. Remove an exclusion of plumbing and mechanical code permit requirements for one- and two-story dwellings and townhomes. This was an unintended local amendment.
4. SMC Section 16.43.060. Remove a deletion of an electric vehicle charging station requirement reference. This was an unintended local amendment that deleted the State law requirement.
The changes to the 2025 California Energy and Green Building Codes outlined in this ordinance are identical to the standards imposed in Ordinance No. 3248-25, and substantially equivalent to standards imposed in Ordinance No. 3244-25, which amended the 2025 and 2022 California Building Energy Efficiency Standards and Green Building Standards. The definition of newly constructed buildings has been modified to be the same as the California Energy Code definition. The remaining amendments to these standards were previously filed with and approved by the California Building Standards Commission in 2025 and will have no material change in regulatory effect.
In the State’s 2025 triennial update, electric readiness infrastructure was required for newly constructed buildings. In the City’s 2025 triennial update ordinance adopting the State codes with local amendments, the City applied the electric readiness requirements to certain remodels, alterations, and additions. The proposed ordinance adds an exception related to the panel upgrade requirement.
Additional standards are included to close a loophole that could have permitted installers to avoid the new electric readiness requirements for remodels, alterations, and additions. The prior ordinance outlined prescriptive measures to meet the electric readiness requirements; this left an unintended loophole for installers using the performance measures. The added standards close this potential loophole.
FISCAL IMPACT
None.
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.
ALTERNATIVES
1. Introduce an Ordinance (Attachment 1 to the report) amending the Findings of Ordinance No. 3248-25 and make other amendments providing clarifications and minor corrections.
2. Alternative 1 with modifications.
3. Do not introduce the Ordinance and provide further direction to staff.
RECOMMENDATION
Recommendation
Alternative 1: Introduce an Ordinance (Attachment 1 to the report) amending the Findings of Ordinance No. 3248-25 and make other amendments providing clarifications and minor corrections.
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, Building Official
Reviewed by: Trudi Ryan, Community Development Director
Reviewed by: Connie Verceles, Deputy City Manager
Approved by: Tim Kirby, City Manager
ATTACHMENTS
1. Draft Ordinance
2. Cover letter to the California Energy Commission