PREPARED BY: SERGIO CALDERA DATE OF MEETING: 04/06/2026
SUBJECT:
TITLE
CONSIDERATION OF AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN PABLO AMENDING CHAPTER 15.04 OF THE SAN PABLO MUNICIPAL CODE BY DELETING SECTION 15.04.020.D. IN ITS ENTIRETY
CEQA: This proposed action is not a project pursuant to CEQA Guidelines Section 15378(B)(5): organizational or administrative activities of governments that will not result in direct or indirect physical changes to the environment; and is also exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3).
Label
CITY MANAGER RECOMMENDATION
Recommendation
Conduct public hearing; waive first reading; introduce Ordinance
Body
WORKPLAN COmpliance statement
FY 2025-2027 Council Priority Work Plan. Improve Public Safety Policy #500. Employ integrated efforts to reduce blight. Adoption of updated building and property maintenance codes are essential tools in blight reduction and enhancement of building safety.
CEQA Compliance Statement
This proposed action is not a project as defined by the California Environmental Quality Act (“CEQA”), pursuant to CEQA Guidelines Section 15378(B)(5): organizational or administrative activities of governments that will not result in direct or indirect physical changes to the environment, and is also exempt from environmental review pursuant to CEQA Guidelines Section 15061(b)(3) (i.e., the “common sense” exemption) in that it can be seen with certainty that there is no possibility that the ordinance will have a significant effect on the environment because it involves removal of regulatory provisions that are not currently being enforced by the City of San Pablo and does not authorize or result in any physical changes to the environment.
PUBLIC HEARING NOTICE
A public hearing notice was published in the West County Times (West Contra Costa edition of the West County Times) newspaper on Tuesday, March 17, 2026.
REQUESTED ACTION
The City Council is requested to hold a public hearing on the proposed amendment to the Municipal Code identified in the attached draft Ordinance; then to waive the reading of the Ordinance and read by title only; and introduce the attached Ordinance including any further revisions. Unless there is an objection from the City Council, the Ordinance as introduced will be placed on the consent calendar at a future meeting for adoption (second reading).
BACKGROUND
On January 17, 2023, the City of San Pablo adopted Ordinance 2023-001, amending Chapter 15.04 of the San Pablo Municipal Code by adopting by reference and amending Title 24, Part 6, the 2022 California Energy Code, among other codes in the California Building Code series and International Property Maintenance Code. The amendment incorporating the 2022 California Energy Code (Section 15.04.020(D) - Amendments, additions and deletions to Title 24 Part 6, the 2022 California Energy Code (including Sections 100.10(e)2A, 100.1(b), 110.2, 110.3(a), 110.4(a), 110.5, 110.10, 110.10(a), Table 110.10-A, and 110.10(b)), included language requiring buildings to be all-electric.
On April 17, 2023, In California Restaurant Association v. City of Berkeley, the Ninth Circuit Federal Court of Appeals held that an amendment to the City of Berkeley’s building code that banned gas infrastructure in new buildings, except under narrow circumstances, was preempted by the Energy Policy and Conservation Act (EPCA). As a result of this case, City staff determined that certain provisions of the City’s building code adoption may be preempted. For this reason, and at the time of the decision, the City of San Pablo ceased any enforcement of this previously amended portion of the California Energy Code. Removal of this section of the Code is now recommended to avoid any confusion since it has not been enforced by the City.
It should be noted that on January 20, 2026, the City of San Pablo adopted Ordinance 2025-006 to amend Chapter 15.04 to adopt the 2025 California Building Code series and the 2024 International Property Maintenance Code and no additional amendments, additions and deletions to Title 24, Part 6, the California Energy Code, under Section 15.04.020.D. were made at that time.
SUMMARY OF AMENDMENT
This action will result in no change to the City’s current practice of building code administration as the subject provision has not been enforced by the City since the 2023 federal court decision. The amendment involve the deletion of Section 15.04.020(D) of the Municipal Code in its entirety (see Attachment B for removed language).
CONCLUSION
Staff recommends that the City Council review the proposed amendment, take public testimony, and introduce the attached Ordinance.
FISCAL IMPACT
There will be no direct fiscal impact to the City as a result of this amendment.
AttachmentS:
Att A - Proposed Ordinance Amending Section 15.04.020.D., Amendments, additions and deletions to Title 24 Part 6, the 2025 California Energy Code
Att B - Language to be Removed from Section 15.04.020.D.
Att C - Ordinance 2023-001
Att D - Proof of Publication