HomeMy WebLinkAboutPacket.pdfTable of Contents
Agenda 2
Commendation for Rebecca Elliot – Regional Public Affairs
Manager for League of California Cities
Staff Report 7
Commendation 9
Commendation for the Alameda Family – Alameda Family
Funeral & Cremation
Staff Report 10
Commendation 12
Review of Accounts Payable Check Registers
Staff report 13
Check register 11-10-2010 15
Check register 11-18-2010 20
Treasurer’s Report for the Month Ended October 31, 2010
Treasurer’s Report for the Month Ended October 31,
2010 24
Tax Equity Allocation (TEA) Cost Sharing Agreement
TEA staff report 29
TEA supplemental 31
Request for Council Agency Assignments and Adhoc
Committees for 2011
Staff Report 33
Resolution 10-051 35
Agency Informational Summary 37
Monte Vista Storm Drain Pumping System Project - Budget
Amendment
Staff Report 41
Resolution 43
Introduction of (1) Ordinance Adopting and Amending 2010
California Building Standards Building, Residential Building,
Electrical, Mechanical, Plumbing, Fire, and Green Building
Standards Codes with Modifications for Local Conditions, and
(2) Resolution regarding the need to modify the California
Building Code due to local conditions.
Staff Report and Att. 1 44
Attachment 2 58
Attachment 3-1 76
Attachment 3-2 82
1
WEDNESDAY, DECEMBER 1, 2010
REGULAR MEETING – 7:00 P.M. – CIVIC THEATER/COUNCIL CHAMBERS
AT 13777 FRUITVALE AVENUE
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT OF CITY CLERK ON POSTING OF AGENDA
(Pursuant to Gov’t. Code 54954.2, the agenda for this meeting was properly posted on
November 23, 2010)
REPORT FROM CLOSED SESSION
COMMUNICATIONS FROM COMMISSIONS & PUBLIC
Oral Communications on Non-Agendized Items
Any member of the public will be allowed to address the City Council for up to three (3)
minutes on matters not on this agenda. The law generally prohibits the council from
discussing or taking action on such items. However, the Council may instruct staff
accordingly regarding Oral Communications under Council Direction to Staff.
Oral Communications - Council Direction to Staff
Instruction to Staff regarding actions on current Oral Communications.
Communications from Boards and Commissions
Council Direction to Staff
Instruction to Staff regarding actions on current Communications from Boards &
Commissions.
ANNOUNCEMENTS
CEREMONIAL ITEMS
1. Commendation for Rebecca Elliot – Regional Public Affairs Manager for League of
California Cities
Recommended action:
Present commendation.
2. Commendation for the Alameda Family – Alameda Family Funeral & Cremation
Recommended action:
Present commendation.
AGENDA
REGULAR MEETING
SARATOGA CITY COUNCIL
2
SPECIAL PRESENTATIONS
None
CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be
acted in one motion, unless removed by the Mayor or a Council member. Any member of
the public may speak to an item on the Consent Calendar at this time, or request the
Mayor remove an item from the Consent Calendar for discussion. Public Speakers are
limited to three (3) minutes.
3. Review of Accounts Payable Check Registers
Recommended action:
That the City Council review and accept the Check Registers for the following
Accounts Payable payment cycles:
November 10, 2010
November 18, 2010
4. Treasurer’s Report for the Month Ended October 31, 2010
Recommended action:
Review and accept the Treasurer’s Report for the month ended October 31, 2010.
5. Tax Equity Allocation (TEA) Cost Sharing Agreement
Recommended action:
Approve cost sharing formula with the City of Cupertino for TEA legislative
expenses, and an appropriation from the Council’s Discretionary Fund in the amount
of $6,825 for the period covering November 15, 2010 to June 30, 2011.
6. Request for Council Agency Assignments and Adhoc Committees for 2011
Recommended action:
Accept report and provide direction to staff.
7. Monte Vista Storm Drain Pumping System Project - Budget Amendment
Recommended action:
Approve Budget Resolution
PUBLIC HEARINGS
None
OLD BUSINESS
None
NEW BUSINESS
8. Introduction of (1) Ordinance Adopting and Amending 2010 California Building
Standards Building, Residential Building, Electrical, Mechanical, Plumbing, Fire, and
Green Building Standards Codes with Modifications for Local Conditions, and (2)
3
Resolution regarding the need to modify the California Building Code due to local
conditions.
Recommended action:
(1) Introduce and waive the first reading of the attached ordinance adopting and
amending the referenced codes and direct the City Attorney to read the title of the
codes to be adopted;
(2) Introduce the attached resolution making findings regarding proposed
amendments to the referenced codes;
(3) Call a public hearing for December 15, 2010 to consider adoption of the attached
ordinance and resolution; and
(4) Direct staff to publish notice of the proposed ordinance adoption in accordance
with the special requirements for adopting codes by reference.
ADHOC & AGENCY ASSIGNMENT REPORTS
Mayor Kathleen King
ABAG
Hakone Foundation Executive Committee
West Valley Flood Control Zone & Watershed Advisory Committee
SCC Cities Association Selection Committee
West Valley Mayors and Managers Association
Vice Mayor Jill Hunter
Hakone Foundation Board
Historical Foundation
Library Joint Powers Association
Village AdHoc
Susie’s Garden Adhoc
Tree Adhoc
Councilmember Howard Miller
City School Ad-Hoc
Council Finance Committee
Electric Vehicle Charging Stations Adhoc
Highway 9 Adhoc
KSAR
Santa Clara County Cities Association Board
West Valley Solid Waste Joint Powers Authority
West Valley Transportation Authority PAC
Councilmember Chuck Page
City School Ad-Hoc
Council Finance Committee
Santa Clara Valley Water District Commission
Saratoga Ministerial Association
West Valley Sanitation District
Councilmember Manny Cappello
Chamber of Commerce
County HCD Policy Committee
Electric Vehicle Charging Stations Adhoc
4
Highway 9 Adhoc
Santa Clara County Emergency Council
SASCC
Sister City Liaison
Village Adhoc
CITY COUNCIL ITEMS
CITY MANAGER’S REPORT
ADJOURNMENT
In accordance with the Ralph M. Brown Act, copies of the staff reports and other materials
provided to the City Council by City staff in connection with this agenda are available at the
office of the City Clerk at 13777 Fruitvale Avenue, Saratoga, CA 95070. Note that copies of
materials distributed to the City Council concurrently with the posting of the agenda are also
available on the City Website at www.saratoga.ca.us. Any materials distributed by staff after the
posting of the agenda are made available for public review at the office of the City Clerk at the
time they are distributed to the City Council.
In compliance with the Americans with Disabilities Act (ADA), if you need special
assistance to participate in this meeting, please contact the City Clerk at (408) 868-1269.
Notification 48 hours prior to the meeting will enable the City to make reasonable
arrangements to ensure accessibility to this meeting (28 CFR 35.102-35.104 ADA Title
II)
Certificate of Posting of Agenda:
I, Ann Sullivan, City Clerk for the City of Saratoga, declare that the foregoing agenda for
the meeting of the City Council for the City of Saratoga was posted on November 23,
2010, at the City of Saratoga, 13777 Fruitvale Ave., Saratoga, CA 95070 and was
available for public review at that location. The agenda is also available on the City’s
website at www.saratoga.ca.us
Signed this 23rd day of November, 2010 at Saratoga, California.
Ann Sullivan, CMC
City Clerk
5
NOTE: To view current or previous City Council meetings anytime, go to the City
Video Archives at www.saratoga.ca.us
11/30 Council Reorganization
12/1 Regular Meeting
12/15 Regular Meeting
CITY OF SARATOGA
CITY COUNCIL MEETING CALENDAR 2010
6
SARATOGA CITY COUNCIL
MEETING DATE: December 1, 2010 AGENDA ITEM:
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Commendation for Rebecca Elliot – Regional Public Affairs Manager for
League of California Cities
RECOMMENDED ACTION:
Present commendation.
REPORT SUMMARY:
The attached commendation recognizes Rebecca Elliot, Regional Public Affairs Manager for the
League of California Cities, for her outstanding dedication to the cities in the Peninsula Division
in the State of California.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
7
ATTACHMENTS:
Copy of the Commendation.
8
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
HONORING
RReebbeeccccaa EElllliioott
WHEREAS, Rebecca Elliot was one of an original group of 15 Regional Public Affairs
Managers hired by the League of California Cities nine years ago, and has been instrumental in
forming the program into what it is today; and
WHEREAS, Rebecca has grown to be a leader in the Peninsula Division, and her members
regularly turn to her for guidance and advice; and
WHEREAS, Rebecca can be proud of several accomplishments during her service with the
League, including:
• Starting “Bocce fever” with the annual Peninsula Division CitiPAC Bocce
Tournament, an event that has been a great success year after year and has inspired
other League Divisions to have bocce tournaments of their own;
• Demonstrating leadership throughout the State of California, and providing
thoughtful guidance concerning Propositions 1A and 22;
• Serving as a star fundraiser, and in the 2010 campaign year exceeding her fundraising
goal by nearly 120%, becoming one of the top fundraisers of the campaign;
• Creating the Peninsula Division’s “Save Our Services Singers” (or SOS), reworking
ABBA songs to extol the virtues of Proposition 22, which stopped state raids of local
funds. The groups’ two songs in support of Proposition 22 garnered over 2,000 hits
on You Tube; and
WHEREAS, Rebecca’s colleagues will greatly miss her hard work, dedication and creativity
and note that the bar is set very high for her predecessor; and
WHEREAS, Rebecca has augmented her public served with the League through her
community volunteer activities including:
• Starting the Santa Cruz County Chapter of “Mothers Against Drunk Drivers”;
• Volunteering with “Peace, Love, Pets”, assisting in saving and rescuing hundreds of
animals in the aftermath of Hurricane Katrina; and
WHEREAS prior to Rebecca’s tenure with the League, she served for five years as Public
Affairs Director for the Santa Clara County Association of Realtors; and
WHEREAS, Rebecca is a lifelong learner and expanded her educational horizons by
enrolling in San Jose State University as a re-entry student, and graduating in 1994 as a President’s
Scholar, Magna Cum Laude (meaning: with high academic distinction); and
WHEREAS, Rebecca is married to Tom Redfern and together they have two children –
Debbie and Michael -- and six grandchildren –Annie, Elizabeth, Kelsey, Luke, Nicholas and Robert.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga does
hereby recognize, and commend Rebecca Elliot for her dedicated public service and for her
contributions to the Peninsula Region.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 1st day of
December 2010.
_________________________
Mayor
City of Saratoga
9
SARATOGA CITY COUNCIL
MEETING DATE: December 1, 2010 AGENDA ITEM:
ORIGINATING DEPT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DEPT HEAD: Dave Anderson
SUBJECT: Commendation for the Alameda Family – Alameda Family Funeral &
Cremation
RECOMMENDED ACTION:
Present commendation.
REPORT SUMMARY:
The attached commendation recognizes “The Alameda Family”, business owners of the Alameda
Funeral Home for providing outstanding service to the Saratoga community.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
N/A
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
10
ATTACHMENTS:
Copy of the Commendation.
11
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA
HONORING
“TTHHEE AALLAAMMEEDDAA FFAAMMIILLYY”
WHEREAS, Alan Anthony Alameda left his father’s dairy farm in Crows Landing, California for
Sacramento, California to start an apprenticeship as a Funeral Director and Embalmer; and
WHEREAS, Alan became an accomplished Embalmer, receiving his license in 1923, the same year
he married Catherine Kelly; and
WHEREAS, Alan and Catherine settled in San Jose in the late 1920’s, working for Monahan
Mortuary. In 1935, Alan partnered with I. Rancadore and opened Mission Chapel of Rancadore and Alameda
Mortuary. Alan’s talent for compassionate care of the surviving family has created loyalty and respect with
the families of Santa Clara County; and
WHEREAS, Alan and Catherine raised three children – Dolores, A. Alan and Kathleen and all
worked in the family business; however, only A. Alan (a licensed Funeral Director and Embalmer) and
Kathleen (a Funeral Director) stayed in the funeral industry; and
WHEREAS, Alan Alameda purchased part of an old chicken ranch on Highway 9 in Saratoga and
constructed a funeral home that opened in 1969 as Saratoga-Cupertino Funeral Home, which was operated by
Alan Alameda, A. Alan Alameda, Robert Durham and Kathleen Alameda Durham; and
WHEREAS, in 1993 Zoe Cowherd Alameda became the third generation in the family business
continuing the legacy of compassionate, dignified care, trusted service and dedication to families in the
community. Zoe changed the name of the funeral home from Alameda Family Saratoga-Cupertino Funeral
Home to Alameda Family Funeral & Cremation to reflect family ownership and the services provided; and
WHEREAS, the Alameda Family continued into the fourth generation when in 2008 Jessica
Alameda Burroughs, a Licensed Embalmer and Funeral Director, joined her mother, Zoe, to share in serving
families at their greatest time of need; and
WHEREAS, the Alameda Family’s reputation of integrity, trust and commitment to the community
is a heritage started by Alan Anthony Alameda four generations ago, that still continues after 41 years in
Saratoga.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga, does
hereby commend “The Alameda Family” for their many years of service and dedication to serving the
community of Saratoga.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 1st day of December
2010.
Mayor
City of Saratoga
12
Dave Anderson
Mary FureyMary Furey
SUBJECT: Review of Accounts Payable Check Registers
RECOMMENDED ACTION:
That the City Council review and accept the Check Registers for the following Accounts Payable payment cycles:
REPORT SUMMARY:
Attached are the Check Registers for:
Date
Ending Check
No.
11/10/1011652411658562541,670.6710/28/1010/28/10116523
11/18/1011658611662338359,218.2411/18/1011/10/10116585
AP DateCheck No. Issued toDept.Amount
11/10/10116532Public Works33,616.00
11/10/10116543Public Works28,884.00
11/10/10116559Non-Deptl354,429.00
11/18/10116609Public Works25,781.76
11/18/10116610Public Works239,459.40
11/18/10116619Public Works31,212.95
The following are Accounts Payable checks that were voided or manually issued:
AP DateCheck No.Amount
11/09/10116490(29.00)
Issued toDescription
Yelena OkinVoid - reissued
WV Sanitation DistrictGeneral FundNPS Service Jan-Oct 2010
Riley's StripingCIP Streets FundStreet Maintenance
Robert BothmanCIP Grant Streets FundVillage Pedestrian
Furlo & FurloCIP Streets FundSobey Road CIP
SCC SheriffGeneral FundLaw Enforcement Services
The following is a list of Accounts Payable checks issued for more than $20,000 and a brief description of the expenditure:
FundPurpose
City of CampbellGeneral FundJPA Dues
Checks
Released
Prior Check Register
Accounts Payable
Accounts Payable
Total ChecksAmountType of ChecksDate
Starting
Check No.
Ending
Check No.
SARATOGA CITY COUNCIL
MEETING DATE:December 1, 2010 AGENDA ITEM:
DEPARTMENT:Finance & Administrative Services CITY MANAGER:
PREPARED BY:DEPT. DIRECTOR:
November 10, 2010
November 18, 2010
13
The following is a list of cash reduction by fund:
Fund #AP 11/10AP 11/18Total
111General461,389.17 65,320.60 526,709.77
211CDBG Administration-
212Saratoga Housing & Rehab. Pgm.-
231Village Lighting 550.62 519.43 1,070.05
232Azule Lighting-
233Sarahills Lighting-
241Arroyo de Saratoga Landscape-
242Bonnet Way Landscape-
243Carnelian Glen-
244Cunningham/Glasgow Landscape55.80 55.80
245Fredericksburg Landscape-
246Greenbriar Landscape-
247Kerwin Ranch Landscape532.85 532.85
248Leutar Court Landscape-
249Manor Drive Landscape-
251McCartysville Landscape-
252Prides Crossing Landscape-
253Saratoga Legends Landscape382.10 382.10
254Sunland Park Landscape263.16 263.16
255Tricia Woods Landscape55.80 190.62 246.42
271Beauchamps Landscape223.87 223.87
272Bellgrove Landscape-
273Gateway Landscape-
274Horseshoe Landscape/Lighting285.95 285.95
275Quito Lighting-
276Tollgate LLD124.11 124.11
277Village Commercial Landscape 700.40 700.40
311Library Bond Debt Service-
411CIP Street Projects 64,739.19 211.59 64,950.78
412CIP Parks Projects874.00 874.00
413CIP Facility Projects3,934.05 5,060.00 8,994.05
414CIP Admin Projects-
421Tree Fine Fund-
431Grant Fund - CIP Streets274,065.57 274,065.57
432Grant Fund - Parks & Trails1,345.15 1,345.15
611Liability/Risk Mgt 937.70 937.70
612Workers' Comp970.51 970.51
621Office Support Services Fund1,428.00 15.00 1,443.00
622Information Technology1,188.28 293.52 1,481.80
623Vehicle & Equipment Maint374.45 374.45
624Building Maintenance5,604.15 9,253.27 14,857.42
631 -
632 -
711 -
541,670.67 359,218.24 900,888.91
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT:
N/A
ATTACHMENTS:
Check Registers in the 'A/P Checks By Period and Year' report format
TOTAL
Fund Description
Vehicle & Equipment Replacement
IT Equipment Replacement
Library Capital Improvement
14
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23
SARATOGA CITY COUNCIL
MEETING DATE: December 1, 2010 AGENDA ITEM:
DEPARTMENT: Finance & Administrative Services CITY MANAGER: Dave Anderson
PREPARED BY: Ann Xu, Accountant DEPT HEAD: Mary Furey
SUBJECT: Treasurer’s Report for the Month Ended October 31, 2010
RECOMMENDED ACTION
Review and accept the Treasurer’s Report for the month ended October 31, 2010.
REPORT SUMMARY
California government code section 41004 requires that the City Treasurer (the Municipal Code of the
City of Saratoga, Article 2-20, Section 2-20.035, designates the City Manager as the City Treasurer)
submit to the City Clerk and the legislative body a written report and accounting of all receipts,
disbursements, and fund balances.
Section 41004. Regularly, at least once each month, the City Treasurer shall submit to the City
Clerk a written report and accounting of all receipts, disbursements, and fund balances. He shall
file a copy with the legislative body.
The following attachments provide various financial transaction data for the City of Saratoga’s Funds
collectively as well as specifically for the City’s General (Operating) Fund, including an attachment from
the State Treasurer’s Office of Quarterly LAIF rates from the 1st Quarter of 1977 to present.
FISCAL IMPACT
Cash and Investments Balance by Fund
As of October 31, 2010, the City had $89,620 in cash deposit at Comerica bank, and $11,562,706 on
deposit with LAIF. Council Policy on operating reserve funds, adopted on April 20, 1994, states that: for
cash flow purposes, to avoid occurrence of dry period financing, pooled cash from all funds should not be
allowed to fall below $2,000,000. The total pooled cash balance as of October 31, 2010 is $11,652,326
and exceeds the minimum limit required.
Unrestricted Cash
Comerica Bank89,620$
Deposit with LAIF11,562,706$
Total Unrestricted Cash11,652,326$
Cash Summary
24
The Fund Balance schedule presented on the following page represents actual funding available for all
funds at the end of the monthly period. This amount differs from the above Cash Summary schedule as
assets and liabilities are components of the fund balance. As illustrated in the summary below, Total
Unrestricted Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive
at the Ending Fund Balance – which represents the actual amount of funds available.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION
The City would not be in compliance with Government Code Section 41004.
ALTERNATIVE ACTION
N/A
FOLLOW UP ACTION
N/A
ADVERTISING, NOTICING AND PUBLIC CONTACT
N/A
ATTACHMENTS
A – Change in Total Fund Balances by Fund
B – Change in Total Fund Balances by CIP Project
C – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates
Total Unrestricted Cash11,652,326$
Plus: Assets201,730
Less: Liabilities (1,043,155)
Ending Fund Balance10,810,902$
Adjusting Cash to Ending Fund Balance
25
ATTACHMENT A
CHANGES IN TOTAL FUND BALANCE
Fund Description
Fund
Balance
7/1/10
Increase/
(Decrease)
Jul-Sep
Current
Revenue
Current
Expenditure Transfers
Fund
Balance
10/31/10
General
Undesignated Unreserved Balance1,284,366 (2,127,489) 804,578 1,429,173 - (1,139,118)
Reserved Fund Balance:
Petty Cash Reserve1,300 - - - - 1,300
Designated Fund Balances:
Designated for Operations 2,889,077 - - - 106,000 2,995,077
Designated Economic Uncertainty 1,500,000 - - - - 1,500,000
Designated for Development 632,380 (210,000) - - - 422,380
Designated for Environmental 563,182 (50,000) - - - 513,182
Designated for Uncollected Deposits44,791 - - - - 44,791
Designated for Hillside Reserve300,000 - - - (50,000) 250,000
Designated for Capital Project Reserve126,983 - (126,983) -
Designated for CIP Matching Grant600,000 - - - (600,000) -
Designated for Carryforward68,600 (68,600) - - - -
Special Revenue
Landscape/Lighting Districts440,391 (78,627) 11,167 65,234 - 307,697
CDBG Federal Grants(9,621) - - - - (9,621)
SHARP Loan210,034 179 - - - 210,213
Capital Project
Street Projects2,169,661 (101,631) 26,602 100,778 326,983 2,320,837
Park and Trail Projects653,881 (3,877) - 84,347 150,000 715,657
Facility Improvement Projects525,256 (133,949) (20) 18,858 400,000 772,428
Administrative Projects224,773 (34,830) - 113 - 189,830
Tree Fine Fund16,985 - - 3,150 25,000 38,835
CIP Grant Fund - Street Repair(118,073) (424,575) 18,317 (16,413) - (507,917)
CIP Grant Fund - Park & Trail(46,013) (7,043) - 96,997 - (150,053)
Gas Tax Fund279,470 24,978 47,779 - (106,000) 246,227
Debt Service
Library Bond 892,593 (685,345) 4,195 - - 211,443
Internal Service Fund
Liability/Risk Management244,562 (198,768) 58,978 10,368 (50,000) 44,404
Workers Compensation198,592 6,883 53,750 41,644 (25,000) 192,581
Office Stores Fund26,830 (2,592) 8,199 2,633 - 29,804
Information Technology Services 213,940 (3,720) 100,000 35,623 - 274,597
Equipment Maintenance54,258 8,439 50,000 23,839 - 88,858
Building Maintenance202,570 48,638 181,437 97,920 - 334,724
Equipment Replacement236,229 25,000 25,000 - (25,000) 261,229
Technology Replacement186,686 9,244 12,500 5,552 (25,000) 177,877
Trust/Agency
Library Fund351,360 532 - - - 351,891
KSAR - Community Access TV109,842 (2,948) 14,854 - - 121,749
Total City15,074,884 (4,010,100) 1,417,336 1,999,816 - 10,810,902
26
ATTACHMENT B
FUND BALANCES BY CIP PROJECT
CIP Funds/Projects
Fund
Balance
7/1/10
Increase/
(Decrease)
Jul-Sep
Current
Revenue
Current
Expenditure Transfers
Fund
Balance
10/31/10
Street Projects
Traffic Safety168,497 (7,765) - - 160,733
Highway 9 Safety Project50,008 (1,834) - 611 47,563
Annual Street Resurfacing Project529,434 (64,160) 26,602 71,605 (65,000) 355,271
Sidewalks Annual Project87,092 - - - 87,092
Saratoga Sunnyvale Road Resurfacing99,011 - - - 65,000 164,011
Traffic Signal @ Verde Vista Lane90,000 - - - 90,000
Fourth Street Bridge100,000 - - - 100,000
Quito Road Bridge Replacement Design9,730 - - - 9,730
Quito Road Bridge Construction214,470 - - - 214,470
Village Façade Program978 - - - 978
Solar Power Radar Feedback Signs24,158 - - - 24,158
El Quito Area Curb Replacement37,553 - - - 37,553
Sobey Road Culvert Repair50,000 - - - 50,000
Annual Storm Drain Upgrade53,883 - - 3,760 50,122
Village Trees & Lights at Sidestreets25,336 (1,805) - 23,532 -
Prospect Road Median51,663 - - 972 (50,000) 691
City Entrance Sign/Monument23,788 - - - (23,788) -
Padero Erosion Mitigation- - - - 50,000 50,000
Monte Vista Storm Drain- (3,572) - 297 75,000 71,130
Canyon View/Elva Drain- - - - 35,000 35,000
Village-Streetscape Impv 549,952 (9,690) - - 240,771 781,033
Saratoga-Sunnyvale/Gateway Sidewalk4,107 (12,806) - - (8,699)
Total Street Projects2,169,661 (101,631) 26,602 100,778 326,983 2,320,837
Parks & Trails
Hakone Garden Koi Pond15,600 - - - 15,600
EL Quito Park Improvements27,571 - - - 27,571
Historical Park Landscape50,588 (3,877) - 45,070 1,641
Hakone Garden Retaining Wall & D/W142,829 - - - 142,829
Hakone Garden Upper Moon House 125,000 - - - 125,000
West Valley Soccer Field(8,201) - - - (8,201)
Park/Trail Repairs23,762 - - - 23,762
Playground Safety Equipment- - - - 50,000 50,000
Blaney Plaza Improvements- - - 14,277 25,000 10,723
Ravenswood Playground Improvement- - - - 75,000 75,000
Tank Trail Repair26,731 - - 25,000 1,731
Mid Pen O/S Land Purchase250,000 - - - 250,000
Total Parks & Trails653,881 (3,877) - 84,347 150,000 715,657
Facility Improvements
Facility Projects88,644 (1,541) (20) 1,561 160,020 245,543
Civic Center Improvement20 - - - (20) -
Theater Improvement71,472 9,310 - 5,548 75,234
Senior Center Minor Building Improvement- (1,050) - - (1,050)
Senior Center Furniture & Fixture- (7,565) - 1,581 (9,147)
Portable Building Gutters- (2,460) - - (2,460)
North Campus Improvements3,920 (6,723) - 4,602 175,000 167,595
HVAC System Upgrade117,949 (117,016) - - 932
Corp Yard Solar Project93,250 - - - 93,250
Vehicle Structure Solar125,000 - - - 125,000
Library Improvement15,000 (3,158) - - 11,842
SPCC Furniture & Fixture- (3,746) - - (3,746)
Electric Charging Station- - - - 65,000 65,000
McWilliams House Improvement10,000 - - 5,565 4,435
Total Facility Improvements525,256 (133,949) (20) 18,858 400,000 772,428
Administrative Projects
Financial System Upgrade3,534 - - - 3,534
Document Imaging Project85,183 - - - 85,183
CDD Document Imaging Project31,989 - - - 31,989
CMO Document Imaging Project8,887 (354) - - 8,533
Telecommunication System55,000 (34,476) - 113 20,411
IT Emergency Power Back40,180 - - - 40,180
Total Administrative Projects224,773 (34,830) - 113 - 189,830
Tree Fine Fund
Tree Fine Fund16,985 - - 3,150 25,000 38,835
CIP Fund - Street Repair
CIP Grant Fund(118,073) (424,575) 18,317 (16,413) (507,917)
CIP Fund - Park & Trail
CIP Grant Fund(46,013) (7,043) - 96,997 (150,053)
Gas Fund
Gas Tax Fund279,470 24,978 47,779 - (106,000) 246,227
Total CIP Funds3,687,624 (680,927) 92,678 287,830 795,983 3,625,843
27
ATTACHMENT C
28
Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: December 1, 2010 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Dave Anderson DIRECTOR:
City Manager
SUBJECT: Tax Equity Allocation (TEA) Cost Sharing Agreement
RECOMMENDED ACTION:
Approve cost sharing formula with the City of Cupertino for TEA legislative expenses, and an
appropriation from the Council’s Discretionary Fund in the amount of $6,825 for the period
covering November 15, 2010 to June 30, 2011.
BACKGROUND
Saratoga, Monte Sereno, Cupertino, and Los Altos Hills are considered “low/no tax cities” whose
low property tax bases were locked in by Proposition 13. Legislation was passed subsequently to
equalize the minimum property tax base for such cities to 7 percent. Special legislation was passed
reducing this allocation for the four cities. Therefore they received a substantially smaller share of
TEA funds than all other cities in California. The shortfall was partially reduced by Assembly Bill
117 in 2006. The bill assured the affected cities a higher percentage of property tax revenues. In
2007 this increased funding to the City by roughly $830,000. Assembly Bill 117 was passed largely
as a result of a strong and coordinated effort of the four affected cities working with the legislative
affairs firm of Joe Gonsalves and Sons in Sacramento.
While the TEA legislation brought greater equity to property tax allocations, it required the cities to
share with the State a greater portion of their property tax revenues than other jurisdictions. If
legislation were enacted to remedy this situation, Saratoga’s property tax base would increase by
$517,286 annually.
REPORT SUMMARY:
On September 21, 2010 the Cupertino City Council considered a report from its Fiscal Strategic Plan
Committee as a result of the Hewlett Packard relocation to Palo Alto. One of the recommendations
approved by Cupertino was direction to its City Manager to explore legislation to revisit the TEA
issue.
Subsequently, on October 6, 2010 the Saratoga City Council authorized the Mayor to appoint two
council members to an ad hoc committee to work with the other three affected jurisdictions to
support legislation to put the cities’ TEA property tax allocations on an equal footing with
comparable California cities, and directed staff to prepare a budget amendment authorizing funding
to support the legislative effort. The two Saratoga council members appointed to the ad hoc
committee are Howard Miller and Manny Cappello.
29
Page 2 of 2
FISCAL IMPACTS:
The TEA funding formula is based upon the proportionate share of the expected increase in TEA
revenue to be derived by each city:
Cupertino 56%
Saratoga 26%
Los Altos Hills 9%
Monte Sereno 9%
The Cost for the legislative consultant in Sacramento is $3,500/month, to engage in efforts during the
fall preceding the legislative session and continuing through the end of the next legislative session.
Costs on the attached letter from Cupertino have been calculated for the first three month period
starting in November prorated from November 15th through the month of January. The total monthly
pro-rata share of legislative expenses for Saratoga is $910/month. Given past experience with
legislative efforts of this kind it would be prudent to allocate funding from mid-November 2010 to
June 30, 2011. In this case the allocation of funds would be $6,825. (7 months @ $910 and one
month at $455)
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
N/A
ALTERNATIVE ACTION(S):
N/A
FOLLOW UP ACTION(S):
None
ADVERTISING, NOTICING AND PUBLIC CONTACT:
This item was posted as a City Council agenda item and was included in the packet made available on the
City’s web site in advance of the meeting. A copy of the agenda packet is also made available at the
Saratoga Branch Library each Monday in advance of the Council meeting and residents may subscribe to
the agenda on-line by opting in at www.saratoga.ca.us.
ATTACHMENTS:
Legislative consultant costs
30
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SARATOGA CITY COUNCIL
MEETING DATE: December 1, 2010 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Ann Sullivan, City Clerk DIRECTOR: Dave Anderson
SUBJECT: Request for Council Agency Assignments and Adhoc Committees for 2011
RECOMMENDED ACTION:
Accept report and provide direction to staff.
REPORT SUMMARY:
Each year in conjunction with the Council reorganization, the City Council approves new outside
agency and AdHoc Committee assignments and the number of assignments per council member
is determined by the Council. During this process, Council is also provided the opportunity to re-
evaluate this list by adding or removing Adhocs and Committees. The following new City
Council Adhoc to be considered is: Council Liaison to Carlson House Restoration Project.
For your information I have attached the amended 2010 Council Agency and AdHoc Resolution
10-051 (Attachment A) and a brief informational summary regarding the various agencies.
Please review the attached information and submit assignment preferences to the Mayor by
5 p.m., December 7, 2010. The resolution of the final assignments for 2011 will be brought back
for Council consideration on December 15, 2010.
FISCAL IMPACTS:
N/A
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Council representatives to various agencies and Council liaison to various adhoc committees will
remain the same as this past year and/or unfilled. New Council members would not be assigned
to outside agencies and adhoc committees.
ALTERNATIVE ACTION:
N/A
FOLLOW UP ACTION:
33
Retain minutes for legislative history.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Pursuant to Government Code 54954.2, this item was properly posted as a City Council agenda
item and was included in the packet made available on the City’s web site in advance of the
meeting. A copy of the agenda packet is also made available at the Saratoga Branch Library each
Monday in advance of the Council meeting.
ATTACHMENTS:
Attachment A – Resolution 10-051
Attachment B – Informational Summary
34
RESOLUTION NO. 10 – 051
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING RESOLUTION 10-045 APPOINTING COUNCIL
REPRESENTATIVES TO COMMITTEES, AGENCIES
AND ADHOC COMMITTEES
WHEREAS, the City Council reorganized on December 1, 2009 for the coming year;
and
WHEREAS, representatives from the City Council serve on various committees,
agencies, and Adhoc committees; and
WHEREAS, the responsibility for representing the City Council should be shared by all
its members; and
WHEREAS, on July 21, 2010, Council requested staff add one new Adhoc Committee
to the Council Agency/Committee assignment list and to remove one Adhoc Committee from
the list; and
WHEREAS, the one new Adhoc committee added to the list is – Electric Vehicle
Charging Stations and the one Adhoc Committee removed from the list – Initiative Adhoc.
NOW, THEREFORE, BE IT RESOLVED that the following changes be made to the
attached Council Agency/Committee assignment list. These changes expire December 2010, or
until revised.
Agency/Adhoc Committee Councilmember Alternate/Second Member
Electric Vehicle Charging Stations Howard Miller Manny Cappello
Initiative Adhoc Howard Miller Chuck Page
The above and foregoing resolution was passed and adopted by the Saratoga City Council at a
regular meeting held on the 1st day of September 2010, by the following vote:
AYES: Councilmember Manny Cappello, Chuck Page, Howard Miller,
Vice Mayor Jill Hunter, Mayor Kathleen King
NOES: None
ABSTAIN: None
ABSENT: None
____
Mayor
ATTEST:
Date:
Ann Sullivan, City Clerk
35
Agency Councilmember Alternate/Second
Member *
Association of Bay Area Government King Hunter
Chamber of Commerce Cappello Hunter
County HCD Policy Committee Cappello King
Hakone Foundation Board Hunter King *
Hakone Foundation Executive
Committee
King N/A
Historical Foundation Hunter Cappello
KSAR Community Access TV Board Miller Hunter
Library Joint Powers Association Hunter Cappello
West Valley Flood Control &
Watershed Advisory Committee
King Hunter
Santa Clara Valley Water District
Commission
Page Hunter
Santa Clara County Cities Association Miller King
SCC Cities Association Selection
Committee
King Miller
Santa Clara County Emergency
Council
Cappello King
Saratoga Ministerial Association Page King *
SASCC Cappello Hunter *
Sister City Liaison Cappello Hunter
West Valley Solid Waste Joint Powers
Association
Miller King
Valley Transportation Authority PAC Miller King
West Valley Sanitation District Page Cappello
West Valley Mayors and Managers
Association
King Hunter
(Both Adhoc/Committee members are required to attend the following meetings)
City School Ad-Hoc Page Miller
Council Finance Committee Page Miller
Electric Vehicle Charging Stations Miller Cappello
Highway 9 Adhoc Miller Cappello
Susie’s Garden Adhoc Hunter King
Tree Adhoc Hunter Cappello
Village Ad-Hoc Hunter Cappello
36
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Saratoga City Council Committee/Agency Information Sheet
Association of Bay Area Government (ABAG)
ABAG is the Regional Planning Agency for the nine County Bay Areas. Executive
Board meetings are held quarterly, however a representative appointed by the Santa Clara
Cities Association represents Saratoga along with other cities in Santa Clara County. The
only meeting a Councilmember may actually need to attend is the annual General
Assembly held in Oakland in the spring, date and time to be announced.
Chamber of Commerce
Both the Mayor and City Manager serve as ex-officio members of the Chamber of
Commerce Board. Meetings will be held on the second Thursday of every month at 6:00
p.m. at West Valley College-President’s Board Room.
Hakone Foundation Board
According to the Lease Agreement between the City of Saratoga and the Hakone
Foundation that was signed on October 18, 2000 – Section 23.2: The Landlord shall be
entitled to one seat on the Executive Committee of the Hakone Foundation. Such seat
shall at the sole discretion of the Landlord be occupied by the Mayor of the City of
Saratoga or a Council member selected by the Mayor.
Section 23.3: Throughout the term of this Lease the Tenant's Board of Trustees shall
include two members of the City Council of the City of Saratoga appointed by the City
Council. The Landlord shall submit the names of the two City Council Members to the
Tenant at the address to which notices to Tenant are given. The two Council Members
shall have the same rights and privileges as all other members of the Board of Trustees.
The Board meets quarterly at 12 noon on the third Friday of February, May, September,
and upon special notice, on the third Friday of December at the Cultural Exchange Center
in the gardens. The meetings usually last an hour and a half. The meeting dates in 2010
are February 19, May 21, September 17, and if a special meeting is required it would be
scheduled on December 17th.
Historical Foundation
Officers and Board members meet 10 months out of the year (excluding December and
August) on the 2nd Tuesday of the month. The meetings are held at 3PM in the Historical
Museum.
KSAR Community Access CATV Foundation Board
One member of the City Council, along with the City Manager, represents the City on the
Community Access Television Board. Other Board members include representatives
from the West Valley-Mission College District Board, one staff member from West
Valley College and three public members who must be Saratoga residents and who are
selected jointly by the four City and College Board members. The CATV Board
established policies and priorities for the management and operation of the local
community access television station, which are then implemented by the Community
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012510
Access Coordinator. KSAR is a 501c3 Board. Currently, the Board meets on the second
Tuesday of every month at 12:00 p.m. at City Hall.
Santa Clara County Cities Association Board
The Cities Association serves as a forum for the 15 cities within Santa Clara County to
discuss issues of mutual concern. It is staffed by Raania Mohsen, whose title is
Executive Director. Each city is represented at meetings of the Cities Association by one
city councilmember, and meetings are held on the second Thursday of every month at
7PM. at Sunnyvale City Hall.
Santa Clara County Cities Association - City Selection Committee
Occasionally, the Cities Association will convene as the City Selection Committee fulfill
the purposes set forth in Government Code sections 50270-50279.4. The membership of
the City Selection Committee consists of the Mayor or Mayor’s designee of each city in
the county. They would meet at 6:45PM – prior to the Board of Director’s Meeting,
which is at 7PM to perform certain statutory obligations relating to the appointment of
city representatives to various county and regional bodies such as LAFCO, the Air
District Board, etc.. (The Executive Board is not a position that Council appoints a
representative to; but rather one that council members have the opportunity to be elected
to.)
Santa Clara County Cities Association - Legislative Task Force
(Re-instated as of April 2010)
The Task Force is an advisory body to the Cities Association which reviews pending state
and federal legislation for potential impacts to cities. Occasionally, the Task Force will
recommend positions for the Cities Association and individual City Councils to take on
specific legislation. The Task Force usually meets five to six times a year on the second
Thursday of the month at 6:30 p.m., prior to the Board Meeting on an “as needed” basis,
at the Sunnyvale City Hall.
Santa Clara County Emergency Council (EPC)
The EPC is comprised of City and County representatives who review and prioritize
emergency planning efforts at the countywide level. The EPC meets quarterly at the
County EOC usually on the first Thursday of the month 12 noon to 1:30. The meetings
are held in the Auditorium at the Sheriff’s Office – 55 West Younger Avenue, San Jose.
Santa Clara County Housing and Community Development (HCD) Council
Committee
The HCD Council Committee is comprised of local elected officials who review and
recommend policies and priorities concerning the County’s Housing & Community
Development, and Community Development Block Grant Programs (CDGB) to the
County Board of Supervisors. The Committee’s meeting schedule varies, but it generally
convenes six to eight times throughout the year at the offices of the County Housing
Authority, 505 West Julian Street, San Jose.
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Santa Clara County Library System Joint Powers Authority Board
Each city, which is a JPA member, along with the County, has a representative on the
JPA Board. Board members are elected officials of the JPA member agencies. The
Library JPA is the policy making and governing body of the County’s library system, of
which Saratoga Community Library is a part. The Library JPA is currently meeting on a
quarterly basis and they usually meet at 1:00 p.m. on Thursday afternoons.
Santa Clara (West) Valley Transportation Authority Policy Advisory Committee
The VTA PAC is one of several standing advisory committees to the VTA Board of
Directors. Composed of elected official representing the cities through the County, the
PAC makes recommendations to the VTA Board on issues of transportation planning and
programming. The VTA PAC currently meets on the second Thursday of every month at
4:00 p.m. at the VTA offices on North First Street in San Jose.
Santa Clara Valley Flood Control & Watershed Advisory Committee
The Water District provides flood control activities throughout the county via five flood
control zones which fund these activities through benefit-assessments levied against
properties within each zone. The City of Saratoga is located entirely within the North-
Central Zone of the District. Each zone is served by an advisory committee of elected
and appointed representatives of the cities within the zone. The purpose of the advisory
committee is to formulate recommendations on flood control efforts within the zone to
the Water District’s Board of Directors. The North-Central FCZ Advisory Committee
generally meets four times per year in February, May, September, and November on
Wednesdays at 9:30 a.m. at the District Headquarters – 5700 Almaden Expressway, San
Jose.
Santa Clara Valley Water District – Commission
Similar to the Flood Control Zone Advisory Committees, the Water District’s Water
Commission advises the Water District Board on water supply issues in Santa Clara
County. The Commission is mostly made up of elected official who represent the cities
within the county, although staff members appointed by their City Councils represent
some cities. The Water Commission meets on Wednesday mornings at 11:50a.m.-
1:50p., in January, April, July, and October also at the District Headquarters – 5700
Almaden Expressway, San Jose.
Saratoga Area Senior Coordinating Council Liaison
One member of the City Council serves as liaison to the SASCC Board to maintain open
communications between the City and SASCC. The Board meets on the third Monday
every month at 9:30 a.m. at City Hall.
Saratoga Ministerial Association
The Saratoga Ministerial Association invites representatives from all communities of
faith located within the city of Saratoga to participate with them. They meet monthly on
the fourth Tuesday at noon (except in July and August). The location rotates among the
congregations. Their purpose is to build community and support city residents through
cooperation and joint activities, including the annual Thanksgiving Day service, spring
service projects (Saratoga Serves), summer block parties and other events.
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012510
Saratoga Sister City Committee Liaison
One member of the City Council serves as liaison to the Sister City Committee, which
meets the first Tuesday of every month at 7:00 p.m. usually at the Community Center.
The purpose of the Sister City Committee is to plan and carry out programs and activities,
which strengthen Saratoga’s relationship with its sister, city, Muko-Shi, in Japan.
West Valley Mayors and Managers Association
The West Valley Mayors and Managers Association is a sub-regional grouping of the
VTA governance structure. It consists of the Mayors and City Mangers from the cities of
Campbell, Cupertino, Monte Sereno, Saratoga and the Town of Los Gatos. It is charged
with selecting the VTA Board member representing the above municipalities (for a two
year term). It meets on a monthly basis on the fourth Wednesday of the month at noon.
Each city hosts the gathering for a year at a time, rotating in alphabetical order. The
group also discusses issues of common interest to the members at the monthly meeting.
The months of August and December are usually dark.
West Valley Sanitation District
The West Valley Sanitation District is governed by a five member board composed of
one councilmember from each of the four west valley cities, and the 4th District County
Supervisor. The Board is scheduled to meet on the second and fourth Wednesday of
every month at 6:00 p.m. at the District’s Office, 110 E Sunnyoaks Avenue in Campbell;
however, they usually meet on only one of those days. Board members are compensated
$100 for each meeting attended.
West Valley Solid Waste Joint Powers Authority
This JPA consists of the west valley cities of Campbell, Los Gatos, Monte Sereno, and
Saratoga. The JPA was formed to coordinate efforts in carrying out solid waste
collection and disposal activities, and in meeting the mandates of AB939, the States’
Integrated Waste Management Act. Because the four cities have similar demographics
and are served by the same solid waste hauler and disposal service, a coordinated
approach to solid waste management in the west valley makes good sense. The JPA is
served by an Executive Director who is a private consultant under contract and who has
considerable expertise in the field of solid waste.
One of their important functions the JPA performs each year is the approval of solid
waste collection rates within each city. The JPA Board is composed of one
councilmember from each of the four member agencies, and is currently meeting on a
quarterly basis, dates to be determined, typically starting at 5:00 p.m. at Monte Sereno
City Hall.
City Council AdHoc Committees
City/School AdHoc Committee
Council Finance Committee
Highway 9 Safety Project Committee
Village Adhoc
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Page 1 of 2
SARATOGA CITY COUNCIL
MEETING DATE: December 1, 2010 AGENDA ITEM:
DEPARTMENT: Public Works CITY MANAGER: Dave Anderson
PREPARED BY: Iveta Harvancik DIRECTOR: John Cherbone
Senior Engineer Public Works Director
SUBJECT: Monte Vista Storm Drain Pumping System Project – Budget Amendment
RECOMMENDED ACTIONS:
Approve Budget Resolution.
REPORT SUMMARY:
Background
Because the Monte Vista/El Camino Grande area does not have a storm drain system the area is
prone to flooding during heavy rains particularly on Monte Vista Drive. The City determined that
the installation of a gravity-flow storm drain system would be too costly (approximately
$400,000) because of the long distance to the nearest discharge location. Instead, the City
developed a plan to install a pump system to mitigate flooding which reduced the project costs
down to an estimated $75,000.
Discussion
On September 30th the City opened informal bids for the project with the low bid coming in at
$70,003.60. The remainder of the $75,000 budget went towards design costs and PG&E
connection fees.
During the construction, which began last month, it was determined that the basin that houses the
pump needed to be enlarged. In addition, an existing culvert connection on Monte Vista was
found to be collapsed thus necessitating replacement. The estimated cost for the additional work
and materials is approximately $16,200.
FISCAL IMPACTS:
Staff has identified the source of supplemental funding needed for the Project in the Capital
Improvement Project Budget from the completed Sobey Road Culvert Repair Project. By
implementing an alternative fix of the damaged Sobey Road culvert, staff was able to reduce the
cost of the project with $17,220 remaining in the budget.
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Page 2 of 2
Staff recommends using the remaining Sobey Road budget to augment the Monte Vista drainage
improvement project. The budget transfer will fund the additional work with a small $1,020
contingency for any other issues which may occur. Any funds remaining in the budget when the
project is completed will be transferred to the unallocated CIP budget.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
The budget amendment would not be approved and the drainage improvements at Monte Vista
would not be completed.
ALTERNATIVE ACTION:
None in addition to the above.
FOLLOW UP ACTION:
If the budget amendment is accepted the drainage improvements will be completed.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
This item was posted as a City Council agenda item and was included in the packet made
available on the City’s web site in advance of the meeting. A copy of the agenda packet is also
made available at the Saratoga Branch Library each Monday in advance of the Council meeting
and residents may subscribe to the agenda on-line by opting in at www.saratoga.ca.us.
ATTACHMENTS:
Budget Resolution.
42
RESOLUTION NO.__________
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING THE ANNUAL BUDGET FOR FISCAL YEAR 2010/11
TO PROVIDE FUNDING FOR THE MONTE VISTA STORM DRAIN PUMPING SYSTEM
PROJECT
WHEREAS, the City Council desires to mitigate local flooding on Monte Vista Drive by
installing a pumping system; and
WHEREAS, additional financing in the amount of $17,220 is needed for the completion of said
project; and
WHEREAS, it is necessary to make adjustments to the Fiscal Year 2010/11 budget as follows:
Account Description Account# Amount
To appropriate additional expenditures for the Monte Vista Storm Drain Pumping Project
Monte Vista Pump System – Exp Appropriation: 411.9142.008.81161 $ 17,220
To transfer funds from Sobey Road Culvert Repair Projects to the Monte Vista Storm Drain Pumping
Project:
Sobey Road – Transfer Out 411.9142-002.99999 $ (17,220)
Monte Vista Pump System – Transfer In: 411.9142-008.49999 $ 17,220
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Saratoga
hereby approves the above adjustments to the Fiscal Year 2010/11 Capital Improvement Budget.
BE IT FURTHER RESOLVED, the above and foregoing resolution was passed and adopted at
a regular meeting of the Saratoga City Council held on 1st day of December 2010 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________
Mayor
City of Saratoga
Attest:
_______________________
Ann Sullivan, City Clerk
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SARATOGA CITY COUNCIL
MEETING DATE: December 1, 2010 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Brad Lind & Richard Taylor DIRECTOR: John Livingstone
________________________________________________________________________
SUBJECT: Introduction of (1) Ordinance Adopting and Amending 2010 California Building
Standards Building, Residential Building, Electrical, Mechanical, Plumbing, Fire, and
Green Building Standards Codes with Modifications for Local Conditions, and (2)
Resolution regarding the need to modify the California Building Code due to local
conditions.
RECOMMENDED ACTIONS:
(1) Introduce and waive the first reading of the attached ordinance adopting and amending the
referenced codes and direct the City Attorney to read the title of the codes to be adopted;
(2) Introduce the attached resolution making findings regarding proposed amendments to the
referenced codes;
(3) Call a public hearing for December 15, 2010 to consider adoption of the attached
ordinance and resolution; and
(4) Direct staff to publish notice of the proposed ordinance adoption in accordance with the
special requirements for adopting codes by reference.
REPORT SUMMARY:
The attached ordinance and resolution will amend California’s various uniform building codes as
needed to reflect conditions in Saratoga. The State periodically updates its building codes and with each
update the City updates its own code accordingly. The last update was in 2007. The modifications
proposed in the attached ordinance were developed by the Building Official in consultation with other
Building Officials in the area. The proposed modifications are consistent with those adopted by other
jurisdictions in the area. The proposed modifications to the Fire Code were developed by the Fire Marshal
and Fire Chief in consultation with other fire officials in the region. The proposed modifications are
consistent with those adopted by the Saratoga Fire Protection District, Santa Clara County, and some other
cities in the area. Other cities have adopted variations on the proposed modifications as discussed in the
staff report. The City must make findings regarding its modifications to the uniform codes and those
findings are included in the resolution that would be adopted concurrently with the code amendments.
The law regarding adoption of Uniform Codes requires that a public hearing be held at the time of
the second reading instead of introduction. Accordingly, the recommended actions above call for setting a
public hearing to be held at the meeting of December 15, 2010.
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BACKGROUND:
The construction of residential, commercial, and various other structures in California is regulated
by Title 24 of the California Code of Regulations, also known as the California Building Standards Code
(“CBSC”). The CSBC is enforced by local governments through the building permit process. All
construction in the State must comply with the CSBC unless the city or county in which the construction
occurs has adopted amendments to the CSBC. Amendments are allowed only to address local climatic,
geological, or topographical conditions based on specific findings. On January 1, 2011, the 2010 edition
of the Building Codes will go into effect in Saratoga and throughout the State. The attached ordinance
makes key provisions of the CSBC a part of the Saratoga Code and amends the CSBC as needed to reflect
local circumstances in Saratoga.
The CBSC is compiled and published by the California Building Standards Commission. The
CBSC compiles a number of specific codes. Health and Safety Code section 18938 requires cities to
enforce the CBSC Building Code, Plumbing Code, Fire Code, Mechanical Code, and Electrical Code even
where the local City Code has not been revised to reflect the requirements of those codes. To avoid
confusion, the Saratoga City Code adopts these portions of the CBSC by reference. In addition, the City of
Saratoga has traditionally adopted the CBSC Fire Code by reference. (The Building, Residential Building,
Plumbing, Mechanical, Electrical, Green Building Standards, and Fire Codes are referred to collectively in
this staff report as the “Building Codes.”)
A major new feature of the 2010 California Building Standards Code is the new Green Building
Standards Code. This is the first time that the CBSC has addressed “green” building requirements. The
new Green Building Standards Code, which is found in Part 11 of Title 24 of the California Code of
Regulations, establishes mandatory standards for residential and non-residential new construction that
address energy efficiency, water efficiency and conservation, material conservation and resource
efficiency, and environmental quality and pollution. As with other parts of the CSBC, these requirements
apply statewide.
In addition to the mandatory measures, the Green Building Standards Code also includes two
supplemental “tiers” CALGreen Tier 1 and CALGreen Tier 2. These establish more stringent
requirements in all of the above listed areas. These tiers are voluntary, unless a local government chooses
to make them as mandatory. In order to adopt either of these tiers, the local government must make
express findings and conduct studies demonstrating its reasons for doing so. As the tiers are new and
relatively complex and no qualifying studies have been commissioned for Saratoga, the ordinance attached
does not make the voluntary tiers mandatory.
The attached Ordinance also amends Article 16-72 of the Saratoga City Code. These amendments
are intended to: (1) increase the City’s construction and demolition debris recycling requirement to the
level required by 2010 CBSC Green Building Standards Code, and (2) streamline enforcement of the
provisions of Article 16-72.
The Building Official has reviewed the 2010 California Building Standards Code, and
recommends that:
1. The City adopt the 2010 California Building, Residential, Plumbing, Mechanical,
Green Building Standards, and Electrical codes by reference;
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3
2. The City adopt certain appendices to the California Building, Plumbing, and Fire
Codes (these take effect only if adopted by the City);
3. The City adopt various modifications to the 2010 California Building Standards
Code that are reasonably necessary because of local climatic, geological and
topographical conditions;
4. The City delete the “Repair and Reconstruction” Code adopted in 2007, as the
2010 California Building Standards Code provides for damaged structures to be
repaired or reconstructed to a structurally safe level, accounting for upgrades in
wind and seismic standards in accordance with various federal emergency
management standards and recommendations;
5. The City retain the “Excavation and Grading” Code adopted in 2007 based on the
grading and excavation provisions of the prior Building Code that are not
included in the 2010 Building Code (the 2010 Building Code provides only
general direction and is insufficient to ensure public safety given, among other
things, the seismic activity and steep slopes susceptible to erosion that
characterize the City). The Building Official recommends not adopting Appendix
J of the 2010 California Building Code. Instead, the Building Official
recommends retaining the provisions of appendix Chapter 33 of the 2001
California Building Code, and the modifications to that appendix adopted by the
City in 2007, in the “Excavation and Grading” Code. This would enable the City
to retain its current, and more protective, excavation and grading requirements;
and
6. The City adopt the 2010 California Fire Code by reference and make amendments
to the code recommended by the Fire Chief and Fire Marshal as being reasonably
necessary because of local climatic, geological and topographical conditions.
7. The City amend Article 16-72 as outlined in the Ordinance in order to meet the
minimum requirements concerning construction and demolition debris in the 2010
CBSC Green Building Standards Code.
The attached ordinance (Attachment 3) would implement these recommendations. The attached resolution
(Attachment 2) describes the modifications to the Building Codes that are proposed in the ordinance and
sets forth reasons why the amendments are reasonably necessary because of local climatic, geological, or
topographical conditions.
SUMMARY OF ORDINANCE AND RESOLUTION:
The attached ordinance amends Chapter 16 (“Building Regulations”) of the Saratoga City Code.
Section 1 of the ordinance explains that the State of California has adopted the Building Codes and
explains the process, consistent with the State’s statutory requirements, by which the City will adopt and
modify the Building Codes. Finally, Section 1 explains why the City intends to retain the “Excavation and
Grading” Code but delete the “Repair and Reconstruction” Code.
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4
Section 2 of the ordinance adopts and modifies the 2010 editions of the Building Codes. It deletes
the “Repair and Reconstruction” Code and specifies the modifications it makes to the 2010 Building
Codes. Section 2 also retains the “Excavation and Grading” Code. Finally, Section 2 amends Article 16-
72 relating to construction and demolition debris. Appendix A, attached to the ordinance, reflects all these
adoptions and modifications as they will appear in the Saratoga City Code.
The specific provisions adopted and modified by the ordinance are summarized below and in more
detail in the table presented as Attachment 1 to this Staff Report.
2010 California Building Code-- The 2010 California Building Code and Appendix I are adopted and
modified in Article 16-15 of the Saratoga City Code. The modifications made to the 2010 California
Building Code in Article 16-15 (“Building Code”) are detailed in Part 1 of Attachment 1.
Repair and Reconstruction Code-- The Repair and Reconstruction Code, found in Article 16-16 of the
Saratoga City Code, is deleted by this Ordinance. The Repair and Reconstruction Code is no longer
necessary, as the 2010 California Building Standards Code adequately provides for damaged structures to
be repaired or reconstructed to a structurally safe level, accounting for upgrades in wind and seismic
standards.
Excavation and Grading Code-- The City’s Excavation and Grading Code is adopted in Article 16-17 of
the Saratoga City Code. As noted previously, the provisions of Article 16-17 will be identical to the
current provisions of the Saratoga City Code with the a few minor changes. The provisions of the
“Excavation and Grading” Code are outlined in Part 2 of Attachment 1.
2010 California Residential Building Code-- The 2010 California Residential Building Code is adopted
and modified in Article 16-18 of the Saratoga City Code. The modifications made to the 2010 California
Residential Building Code in Article 16-18 (“Residential Building Code”) are detailed in Part 4 of
Attachment 1.
2010 California Fire Code-- The 2010 California Fire Code and Appendices B, C, and J are adopted and
modified in Article 16-20 of the Saratoga City Code. The modifications made to the 2010 California Fire
Code in Article 16-20 (“Fire Code”) are detailed in Part 5 of Attachment 1.
2010 CA Plumbing Code-- The 2010 California Plumbing Code and Appendices A, B, D, I, K and L are
adopted in Article 16-25 of the Saratoga City Code. No modifications are proposed to the Plumbing Code
or its appendices.
2010 CA Mechanical Code-- The 2010 California Mechanical Code and all its appendices are adopted in
Article 16-30 of the Saratoga City Code. No modifications are proposed to the Mechanical Code or its
appendices.
2010 CA Electrical Code-- The 2010 California Electrical Code is adopted in Article 16-35 of the Saratoga
City Code. The 2010 California Electrical Code replaces former Article 16-35 as the City’s Electrical
Code. No modifications are proposed to Electrical Code.
2010 CA Green Building Standards Code-- The 2010 California Green Building Standards Code is
adopted in Article 16-49 of the Saratoga City Code. The 2010 California Green Building Standards Code
does not replace or preempt the green building requirements that are already a part of the municipal code
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of Article 16-47, but instead act as additional requirements to those already present in the code. No
modifications are proposed to the Green Building Standards Code.
SPECIAL NOTICE REQUIREMENTS
Because the ordinance would adopt the various codes by reference, section 50022.6 of the
Government Code requires that the title of the adopting ordinance, the titles of the codes that are adopted
by reference directly by the ordinance, and the titles of the codes that are adopted by reference indirectly by
the ordinance must be read during the introduction of the ordinance. (Gov. Code sec. 50022.3.) The titles
of the codes that are adopted by reference indirectly by the attached ordinance are as follows:
• the 2010 California Building Code (California Code of Regulations, Title 24, Part 2, Volumes 1
and 2, California Building Standards Commission, based upon the 2009 International Building
Code as published by the International Code Council);
• the 2010 California Residential Building Code (California Code of Regulations, Title 24, Part 2.5,
California Building Standards Commission as published by the International Code Council);
• the 2010 California Fire Code (California Code of Regulations, Title 24, Part 9, based on the 2009
International Fire Code as published by the International Code Council);
• the 2010 California Plumbing Code (California Code of Regulations, Title 24, Part 5, based on the
2009 Uniform Plumbing Code as published by the International Code Council);
• the 2010 California Mechanical Code (California Code of Regulations, Title 24, Part 4, based on
the 2009 Uniform Mechanical Code as published by the International Code Council);
• the 2010 California Electrical Code (California Code of Regulations, Title 24, Part 3, based on the
2008 National Electrical Code as published by the International Code Council); and
• the 2010 California Green Building Standards Code (California Code of Regulations, Title 24,
Part 11, California Building Standards Commission as published by the International Code
Council).
The City Council must also schedule a public hearing on the ordinance. Prior to holding the
hearing, a notice stating the hearing time and place must be published once a week for two successive
weeks in a newspaper of general circulation in or nearest to the City. The notice must state that copies of
the codes being considered for adoption are on file with the City Clerk and open to public inspection.
ALTERNATIVES
The Council could elect not to introduce the ordinance. This would leave the City’s building code
inconsistent with State law and inconsistent with the City’s enforcement obligations and would create
confusion for persons building in the City of Saratoga.
The Council could elect not to adopt the resolution. This would preclude the City from amending
the 2010 California Building Standards Code.
48
6
The City Council may choose not to adopt the 2010 Fire Code. Pursuant to Government Code
Section 13869, the City may instead ratify ordinances passed by the Fire Districts (and transmitted to the
City) and send a copy of the City’s findings to the Department of Housing and Community Development.
This procedure would result in the adoption and modification of the Fire Code by Fire Districts. It will
continue to be the responsibility of the Fire Districts to enforce the Fire Code in the City.
Regardless of how the 2010 Fire Code is adopted, the City Council may also choose to modify the
fire sprinkler provisions in the Fire Code. As proposed, section 903.2 requires an automatic sprinkler
system to be installed throughout all existing buildings when modifications are made that increase the
gross floor area to more than 3,600 square feet. There is an exception for one-time additions to existing
buildings made after January 1, 2010 that do not exceed 1,000 square feet in building area.
FISCAL IMPACTS: No significant fiscal impacts.
ADVERTISING, NOTICING AND PUBLIC CONTACT: Notice of this meeting. Notice for
ordinance adoption will include notices advertising the adopting of the Building Codes in the Saratoga
News on December 1 and December 8. A copy of the agenda packet is also made available at the Saratoga
Branch Library each Monday in advance of the Council meeting and residents may subscribe to the agenda
on-line by opting in at www.saratoga.ca.us..
ATTACHMENTS:
Attachment 1 – Table summarizing effect of proposed ordinance
Attachment 2 – Resolution
Attachment 3 – Ordinance
49
1
ATTACHMENT 1
PART 1: AMENDMENTS TO THE 2010 BUILDING CODE
This table summarizes proposed modifications to the 2010 Building Code. The first
column shows where in the attached ordinance (which will become the 2010 Saratoga
Building Code) the modification is adopted. The second column references the section of
the 2010 California Building Code that is modified. The third column explains the
modification that is made. Minor changes or changes in organization are not included in
the table. Additional explanation of the facts and circumstances requiring the change is
included in the Resolution describing the need for the findings; the Resolution is
Attachment 2 to this staff report.
2010 Saratoga
Building Code
Amended
Sections of
the 2010 CA
Building
Code
Explanation
16-15.010 Not
Applicable
Adopts the 2010 CA Building Code.
16-15.020 Not
Applicable
Specifies that all sections of Title 24 are enforceable
in the City of Saratoga, as modified by this
ordinance.
16-15.025 (a) 107.5 Amends the 2010 CA Building Code section
regarding retention of plans.
16.15-030(a) 105.5 Amends the 2010 CA Building Code section
regarding expiration of permits.
16.15-040(a) 109.2.1 Adds a new subsection to the 2010 CA Building
Code to make it clear the city can prescribe
reasonable fees to defray the cost of regulation.
Adds provisions for permit, investigation, plan
review, and other additional fees.
16.15-045(b) 1505.1.4.1 A new subsection has been added to the 2010 CA
Building Code to retain the Saratoga Code’s
provisions for roof coverings.
16.15-045(a) 1505.1.3 Amends the 2010 CA Building Code section
regarding roof coverings.
16-15.050(a) 707A.8 Amends the 2010 CA Building Code regarding
exterior covering.
16-15.055(a) 710A.3.2 Deletes Section 710A.3.2 of the 2010 CA Building
50
2
Code regarding accessory structures
16-15.055(b) 710A.4 Amends the 2010 CA Building Code regarding
accessory structures
16-15.060(a) 1613.8 A new Section 1613.8 is added to modify the
stability coefficient equation in evaluating P-delta
effects in the 2010 CA Building Code.
16-15.065(a) 1704.4 Amends the type of exceptions from requiring
special inspection for isolated spread concrete
footings of buildings three stories or less above
grade plane.
16-15.070(a) 1908.1.8 Amends Section 1908.1.8 that allows the use of
plain concrete in residential structures assigned to
seismic design category D, E, or F.
51
3
PART 2: AMENDMENTS TO THE 2010 RESIDENTIAL BUILDING CODE
This table summarizes proposed modifications to the 2010 California Residential
Building Code. The first column shows where in the attached ordinance (which will
become the 2010 Saratoga Building Code) the modification is adopted. The second
column references the section of the 2010 California Residential Building Code that is
modified. The third column explains the modification that is made. Minor changes or
changes in organization are not included in the table. Additional explanation of the facts
and circumstances requiring the change is included in the Resolution describing the need
for the findings; the Resolution is Attachment 2 to this staff report.
2010 Saratoga
Building Code
Amended
Sections of
the 2010 CA
Building
Code
Explanation
16-18.010 Not
Applicable
Adopts the 2010 CA Building Code.
16-18.020 Not
Applicable
Specifies that all sections of Title 24 are enforceable
in the City of Saratoga, as modified by this
ordinance.
16-18.025(a) R313.1
Amends the 2010 CA Residential Building Codes
provisions for townhouse automatic fire sprinkler
systems
16-18.025(b) R313.2 Amends the 2010 CA Residential Building Codes
provisions for one and two family dwellings
automatic fire sprinkler systems
16-18.030(a) R327.7.9 Amends the 2010 CA Residential Building Code
regarding the underside of appendages
16-18.030(b) R327.10.3.2 Deletes Section R327.10.3.2 of the Residential
Building Code regarding accessory structures
16-18.030(c) R327.10.4 Amends the 2010 CA Residential Building Code
regarding accessory structures
16-18.035(a) R403.1.3 Amends the 2010 CA Residential Building Code
regarding plain concrete.
16-18.040(a) R602.10.2.1
and Table
R602.10.1.2(2)
Amends the 2010 CA Residential Building Code
regarding Seismic Design Categories D0, D1, and
D2
16-18.045(a) R902.1.4.1 A new subsection has been added to the 2010 CA
Residential Building Code to retain the Saratoga
52
4
Code’s provisions for roof coverings.
16-18.045(b) R902.1.3 Amends the 2010 CA Residential Building Code to
regarding roof coverings.
53
Part 3: 2010 “EXCAVATION AND GRADING” CODE
This table summarizes the new Excavation and Grading Code. The first column shows
where in the attached ordinance the modification is adopted. The second column
references the section of the former Building Code that forms the basis for the new
section or that has been modified. The third column briefly describes how the referenced
code section would operate and, where relevant, compares the new code section to
comparable provisions in the 2010 Building Code. Because all of the new provisions are
based on the Building Code that has been in effect since 2002, none of the requirements
will impose new standards on Saratoga projects.
2010
Saratoga
Grading
Code
Amended Sections of
Appendix Chapter
33 of the 2001 CA
Building Code
Explanation
16-17.010 3304 Notes that the purpose of the Excavation and
Grading Code is to safeguard life, limb, property
and the public welfare.
16-17.020 3305 Notes that this Article sets forth rules and
regulations to control excavation, grading and
earthwork construction. It also notes the
recognized standards from the 2010 CA Building
Code on which it is based.
16-17.030 3306 Requires permits for grading work and lists a
few exceptions.
16-17.040 3307 Allows the Building Official to require the repair
or eliminate hazardous excavations,
embankments or fills.
16-17.050 3308 Defines the terms used in this article.
16-17.060 3309 Sets standards and procedures for acquiring
grading permits.
16-17.070 3310
Table A-33-A
Notes that in general fees will be set in
accordance with this section or as set forth in the
fee schedule. Sets standards for plan checking,
grading permit and special fees.
16-17.080 3311 Requires permittees to post bonds.
16-17.090 3312 Sets general standards for cuts and slopes.
16-17.100 3313 Sets general standards for fills.
16-17.110 3314 Sets general standards for cutbacks.
16-17.120 3315 Sets general standards for drainage and terracing.
16-17.130 3316 Sets general provisions for slopes and other
54
devices to control erosion.
16-17.040 3317 Sets standards and procedures for grading
inspections.
16-17.150 3318 Sets standards and procedures for completed
work, including final reports and notifications of
completion.
16-17.160 Retains provisions in the current Saratoga Code
for the construction of driveways.
16-17.170 Retains provisions in the current Saratoga Code
for stockpiling.
16-17.180 Retains the general provisions in the current
Saratoga Code for, among other things, the hours
grading is permitted, dust and dirt control and
special precautions that must be taken.
55
PART 4: AMENDMENTS TO 2010 CALIFORNIA FIRE CODE
The following is a summary of the major modifications to the 2007 Fire Code proposed
by the Fire Chiefs Association based on materials provided by the Association.
Section 16-20.015 specifies that all sections of Title 24 are enforceable in the City
of Saratoga, as modified by this ordinance.
Section 16-20.025 amends Chapter 34 of the Fire Code; Class I and Class II
liquids relating to flammable and combustible liquids.
Section 16-20.030 amends Chapter 38 of the Fire Code relating to liquefied
petroleum gases.
Section 16-20.040 amends Chapter 35 of the Fire Code relating to Cryogenic
Fluids.
Section 16-20.050 amends Chapter 1, Division II of the Fire Code, in particular
relating to administration, fees, permits, inspections, and penalties.
Section 16-20.060 amends Chapter 3 of the Fire Code relating to general
precautions against fire.
Section 16-20.070 amends Chapter 4 of the Fire Code relating to emergency
planning and preparedness.
Section 16-20.080 amends Chapter 5 of the Fire Code relating to fire service
features.
Section 16-20.090 amends Chapter 6 of the Fire Code relating to building services
and systems.
Section 16-20.100 amends Chapter 8 of the Fire Code relating to interior finish,
decorative materials and furnishings.
Section 16-20.110 amends Chapter 9 of the Fire Code relating to fire protection
systems.
Section 16-20.120 amends Chapter 14 of the Fire Code relating to fire safety
during construction and demolition.
Section 16-20.130 amends Chapter 18 of the Fire Code relating to semiconductor
56
fabrication facilities.
Section 16-20.140 amends Chapter 19 of the Fire Code relating to lumber yards
and wood working facilities.
Section 16-20.150 amends Chapter 27 of the Fire Code relating to hazardous
materials.
Section 16-20.160 amends Chapter 33 of the Fire Code relating to explosives and
fireworks.
Section 16-20.170 amends Chapter 34 of the Fire Code relating to flammable and
combustible liquids.
Section 16-20.180 amends Appendix Chapter 49 of the Fire Code relating to
requirements for wildland-urban interface fire areas.
57
Resolution No XXX
Page 1 of 2 1
RESOLUTION NO. XXX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SARATOGA MAKING FINDINGS OF FACT REGARDING THE NEED
FOR THE MODIFICATIONS TO THE PROVISIONS OF THE 2010
CALIFORNIA BUILDING STANDARDS CODE MADE IN THE
SARATOGA CITY CODE.
WHEREAS, California Health and Safety Code Section 18938 makes certain provisions
published in the California Building Standards Code pursuant to Health and Safety Code Section
17922 applicable to all occupancies throughout the state and effective one hundred eighty days
after publication by the California Building Standards Commission (“Commission”), or at a later
date established by the Commission; and
WHEREAS, Health and Safety Code Section 17958 permits cities to amend the
requirements of the California Building Standards Code in accordance with Health and Safety
Code Sections 17958.5 and 17958.7; and
WHEREAS, Health and Safety Code Section 17958.5 permits cities in adopting
provisions of the California Building Standards Code to make such changes in such provisions as
the city determines, pursuant to Health and Safety Code Section 17958.7, are reasonably necessary
because of local climatic, geological, or topographical conditions; and
WHEREAS, Health and Safety Code Section 17958.7 requires that a city, before making
changes pursuant to Health and Safety Code Section 17958.5, must make an express finding that
such changes are reasonably necessary because of local climatic, geological, or topographical
conditions; and
WHEREAS, under Health and Safety Code Section 17958.7, changes pursuant to Health
and Safety Code Section 17958.5 may not become effective until the required findings, and the
changes, have been filed with the California Building Standards Commission; and
WHEREAS, Government Code Section 50022.2 permits enactment of city ordinances
that adopt codes or statutes, including codes of the State of California, by reference; and
WHEREAS, the City Council of the City of Saratoga (“City Council”) intends to adopt an
ordinance adopting by reference certain provisions of the California Building Standards Code; and
WHEREAS, the City Council has reviewed Attachment 1, which sets forth the reasons
for the proposed changes to the California Building Standards Code contained in Ordinance XXX;
NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby declare and
find that the changes to the provisions of the California Building Standards Code set forth in
Ordinance XXX are reasonably necessary because of local climatic, geological, or topographical
58
Page 2 of 2 2
conditions set forth in Attachment 1 in accordance with Health and Safety Code Section 17958.7;
and
BE IT FURTHER RESOLVED that a copy of this Resolution, including Attachment 1,
shall be filed with the California Building Standards Commission in accordance with Health and
Safety Code Section 17958.7.
PASSED AND ADOPTED by the City Council of the City of Saratoga at a meeting held on
December 15, 2010, by the following vote, to wit:
COUNCILMEMBERS: AYES:
COUNCILMEMBERS: NOES:
COUNCILMEMBERS: ABSENT:
COUNCILMEMBERS: ABSTAIN:
______________________________________
_________, Mayor
ATTEST:
______________________________
Ann Sullivan, City Clerk
59
1
ATTACHMENT 1
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2010 CALIFORNIA RESIDENTIAL BUILDING CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITYOF
SARATOGA
The City of Saratoga makes the following findings regarding the need for amending the
2010 California Residential Building Code:
FINDING 1: CLIMATIC CONDITIONS: The City of Saratoga experiences low
humidity, high winds and warm temperatures during the summer months creating conditions
which are particularly conducive to the ignition and spread of grass, brush and structure fires.
FINDING 2: TOPOGRAPHICAL CONDITIONS: The remoteness and steepness of
hillside areas in the City along with long, narrow roadways significantly impacts the ability of
emergency responders to extinguish or control wildland or structure fires.
The landscape of Saratoga also includes steep slopes susceptible to erosion, especially
during the rainy season. Areas of critically expansive soil and other unstable soil conditions
create a need for soil retention and the diversion or increased flow of surface waters, particularly
on steep slopes.
FINDING 3: SEISMIC CONDITIONS: The City of Saratoga’s dense population is
located in an area of high seismic activity, as indicated by the United States Geological Survey
and the California Division of Mines and Geology. Recent earthquake activities, including the
1989 Loma Prieta earthquake, have indicated that the lack of adequate design and detailing
endangered building occupants and the occupants of nearby structures. The City’s adjacency to
active earthquake faults also means that building work must be completed in a timely fashion to
minimize the danger to the public health, safety and welfare.
The table below describes the City of Saratoga’s amendments to specific provisions of the
2010 California Residential Building Code and states which of the findings above and other
conditions make the amendment reasonably necessary.
Amended
Sections of
the 2010 CA
Residential
Building
Code
Applicable
Section of
Saratoga
Building Code
Ordinance
Explanation Findings
R313.1
16-18.025(a) Amends the 2010 CA
Residential Building
Codes provisions for
townhouse automatic
fire sprinkler systems
Finding Nos. 1 and 2. In order to
minimize the risks to persons and
property due to potential response
delays and compromised fire
suppression capabilities, mitigation
measures such as automatic sprinkler
systems are necessary. The ability of
automatic sprinklers to get water on
60
2
a fire early also reduces the fire flow
demand and the need for multiple
hydrants.
R313.2 16-18.025(b) Amends the 2010 CA
Residential Building
Codes provisions for
one and two family
dwellings automatic
fire sprinkler systems
Findings Nos. 1 and 2. In order to
minimize the risks to persons and
property due to potential response
delays and compromised fire
suppression capabilities, mitigation
measures such as automatic sprinkler
systems are necessary. The ability of
automatic sprinklers to get water on
a fire early also reduces the fire flow
demand and the need for multiple
hydrants.
R327.7.9 16-18.030(a) Amends the 2010 CA
Residential Building
Code regarding the
underside of
appendages
Finding No. 1. The increased risk of
fire in the City of Saratoga makes it
necessary to amend this section to
make it mandatory.
R327.10.3.2 16-18.030(b) Deletes Section
R327.10.3.2 of the
Residential Building
Code regarding
accessory structures
This section is unnecessary, as the
requirements are already specified in
CBSC 701.A.3.
R327.10.4 16-18.030(c) Amends the 2010 CA
Residential Building
Code regarding
accessory structures
Finding No. 1. The increased risk of
fire in the City of Saratoga makes it
necessary to amend this section to
make it mandatory.
R403.1.3 16-18.035(a) Amends the 2010
CA Residential
Building Code
regarding plain
concrete.
Finding No. 3. This proposed
amendment to the CRC is made to
be consistent with TUCC
amendment 3 that modifies the plain
concrete provisions in CBC Section
1908.1,8 and ACI 318 Section
22.10.1.
This proposed amendment addresses
the problem of poor performance of
plain or under-reinforced concrete
footings during a seismic event. This
amendment reflects the
recommendations by the Structural
Engineers Association of Southern
California (SEAOSC) and the Los
Angeles City Joint Task Force that
investigated the poor performance of
plain and under-reinforced concrete
footings observed in 1994
Northridge earthquake.
R602.10.2.1
and Table
16-18.040(a) Amends the 2010 CA
Residential Building
Finding No. 3. The proposed
amendment addresses the problem of
61
3
R602.10.1.2(2) Code regarding
Seismic Design
Categories D0, D1,
and D2
poor performance of gypsum
wallboard and Portland cement
plaster as wall bracing materials in
high seismic areas. This amendment
reflects the recommendations by the
Structural Engineers Association of
Southern California (SEAOSC) and
the Los Angeles City Joint Task
Force that investigated the poor
performance of these bracing
materials that were observed in 1994
Northridge earthquake.
R902.1.4.1 16-18.045(a) A new subsection has
been added to the
2010 CA Residential
Building Code to
retain the Saratoga
Code’s provisions for
roof coverings.
Finding Nos. 1 and 2. In order to
minimize the risks to persons and
property due to potential response
delays and compromised fire
suppression capabilities, mitigation
measures such as the installation of
fire-retardant Class A roofing are
necessary.
R902.1.3 16-18.045(b) Amends the 2010 CA
Residential Building
Code to regarding
roof coverings.
Finding Nos. 1 and 2. In order to
minimize the risks to persons and
property due to potential response
delays and compromised fire
suppression capabilities, mitigation
measures such as the installation of
fire-retardant Class A roofing are
necessary.
62
1
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2010 CALIFORNIA BUILDING CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITY OF
SARATOGA
The City of Saratoga makes the following findings regarding the need for amending the
2010 California Building Code:
FINDING 1: CLIMATIC CONDITIONS: The City of Saratoga experiences low
humidity, high winds and warm temperatures during the summer months creating conditions
which are particularly conducive to the ignition and spread of grass, brush and structure fires.
FINDING 2: TOPOGRAPHICAL CONDITIONS: The remoteness and steepness of
hillside areas in the City along with long, narrow roadways significantly impacts the ability of
emergency responders to extinguish or control wildland or structure fires.
The landscape of Saratoga also includes steep slopes susceptible to erosion, especially
during the rainy season. Areas of critically expansive soil and other unstable soil conditions
create a need for soil retention and the diversion or increased flow of surface waters, particularly
on steep slopes.
FINDING 3: SEISMIC CONDITIONS: The City of Saratoga’s dense population is
located in an area of high seismic activity, as indicated by the United States Geological Survey
and the California Division of Mines and Geology. Recent earthquake activities, including the
1989 Loma Prieta earthquake, have indicated that the lack of adequate design and detailing
endangered building occupants and the occupants of nearby structures. The City’s adjacency to
active earthquake faults also means that building work must be completed in a timely fashion to
minimize the danger to the public health, safety and welfare.
The table below describes the City of Saratoga’s amendments to specific provisions of the
2010 California Residential Building Code and states which of the findings above and other
conditions make the amendment reasonably necessary.
Amended
Sections of
the 2010 CA
Building
Code
Applicable
Section of
Appendix A to
Ordinance
Explanation Findings
107.5 16-15.025 (a) Amends the 2010 CA
Building Code
section regarding
retention of plans.
Finding No. 3. The City of Saratoga
is adjacent to active earthquake faults
capable of producing substantial
seismic events. It is necessary for one
set of plans to be retained on the work
site at all times so that detailed
inspections to ensure compliance with
seismic standards can be carried out.
This provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
105.5 16.15-030(a) Amends the 2010 CA Given the City of Saratoga’s
63
2
Building Code
section regarding
expiration of permits.
adjacency to active earthquake faults
capable of producing substantial
seismic events, building work must
be completed in a timely fashion to
minimize the danger to the public
health, safety and welfare. This
provision is identical to the
provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
109.2.1 16.15-040(a) Adds a new
subsection to the
2010 CA Building
Code to make it clear
the city can prescribe
reasonable fees to
defray the cost of
regulation. Adds
provisions for permit,
investigation, plan
review, and other
additional fees.
The City of Saratoga may prescribe
fees to defray the cost of enforcement
of rules and regulations promulgated
by the Department of Housing and
Community Development under the
terms of Sec. 109.2 of the 2010 CA
Building Code. These fees will be set
by the City Council of Saratoga to
ensure they are reasonably necessary
given the cost of regulation to the
City. This provision is identical to
the provisions of the 2007 Saratoga
Building Code so no new findings are
necessary.
1505.1.4.1 16.15-045(b) A new subsection has
been added to the
2010 CA Building
Code to retain the
Saratoga Code’s
provisions for roof
coverings.
Finding Nos. 1 and 2. In order to
minimize the risks to persons and
property due to potential response
delays and compromised fire
suppression capabilities, mitigation
measures such as the installation of
fire-retardant Class A roofing are
necessary.
1505.1.3 16.15-045(a) Amends the 2010 CA
Building Code
section regarding roof
coverings.
Finding Nos. 1 and 2. In order to
minimize the risks to persons and
property due to potential response
delays and compromised fire
suppression capabilities, mitigation
measures such as the installation of
fire-retardant Class A roofing are
necessary.
707A.8 16-15.050(a) Amends the 2010 CA
Building Code
regarding exterior
covering.
Finding No. 1. The increased risk of
fire in the City of Saratoga makes it
necessary to amend this section to
make it mandatory.
710A.3.2 16-15.055(a) Deletes Section
710A.3.2 of the 2010
CA Building Code
regarding accessory
structures
This section is unnecessary, as the
requirements are already specified in
CBSC 701.A.3.
710A.4 16-15.055(b) Amends the 2010 CA
Building Code
Finding No. 1. The increased risk of
fire in the City of Saratoga makes it
64
3
regarding accessory
structures
necessary to amend this section to
make it mandatory.
1613.8 16-15.060(a) A new Section
1613.8 is added to
modify the stability
coefficient equation
in evaluating P-delta
effects in the 2010
CA Building Code.
Finding No 3. The importance factor,
I, was omitted from Equation 12.8-16
by mistake while transcribing it from
the 2003 NEHRP Recommended
Provisions (FEMA 450) Equation
5.2-16. For buildings with
importance factor, I, higher than 1.0,
the stability coefficient should include
the importance factor. The proposed
modification is consistent with the
provisions adopted by DSA-SS and
OSHPD as reflected in Section
1615.10.7 of the 2010 California
Building Code. It is also consistent
with ASCE 7-10 Equation 12.8-16
that will be adopted in the next code
cycle. The Tri-Chapter Uniform
Code Committee had supported the
proposed modification during the
2007 code adoption process. This
proposed amendment is a
continuation of an amendment
adopted during the previous code
adoption cycle.
1704.4 16-15.065(a) Amends the type of
exceptions from
requiring special
inspection for
isolated spread
concrete footings of
buildings three stories
or less above grade
plane.
Finding No. 3. Results from studies
after the 1994 Northridge earthquake
indicated that a lot of the damages
were attributed to lack of quality
control during construction. The
proposed amendment improves
quality control during construction
and therefore needs to be
incorporated into the Code.
Revise CBC Section 1704.4
exception No. 1 to allow special
inspection not to be required for
isolated spread footing where the
structural design of the footing is
based on a specified compressive
strength, f’c, no greater than 2,500
psi.
This proposed amendment is a
continuation of an amendment
adopted during the previous code
adoption cycle.
1908.1.8 16-15.070(a) Amends Section
1908.1.8 that allows
the use of plain
Finding No. 3. The proposed
amendment addresses the problem of
poor performance of plain or under-
65
4
concrete in residential
structures assigned to
seismic design
category D, E, or F.
reinforced concrete footings during a
seismic event. This amendment
reflects the recommendations by the
Structural Engineers Association of
Southern California (SEAOSC) and
the Los Angeles City Joint Task
Force that investigated the poor
performance of plain and under-
reinforced concrete footings observed
in 1994 Northridge earthquake.
66
5
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
THE 2010 CALIFORNIA BUILDING CODE
BY RETAINING CERTAIN PROVISIONS OF THE 2001
CALIFORNIA BUILDING CODE IN THE
“EXCAVATION AND GRADING”
CODE OF THE CITY CODE OF THE CITYOF SARATOGA
The City of Saratoga makes the following findings regarding the need to amend the 2010
California Building Code by retaining provisions from the 2001 California Building Code in the
“Excavation and Grading” Code.
Article 16-17 of the Saratoga Code retains Article 16-17 (the “Grading Code”) from what
was formerly Appendix Chapter 33 of the 2001 Building Code. The Grading Code is nearly
identical to that adopted in 2007; only citations have been updated. The City of Saratoga is not
adopting Appendix J (“grading”) of the 2010 California Building Code.
Express findings that the modifications regarding grading and excavation to the Building
Code were reasonably necessary were filed upon the adoption of the City of Saratoga’s 2007
Building Regulations with the California Building Standards Commission in accordance with
California Health and Safety Code Section 17958.7 and are available as a public record.
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FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2010 CALIFORNIA FIRE CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITYOF
SARATOGA
The City of Saratoga makes the following findings regarding the need to amend the 2010
California Fire Code:
Finding No. 1 – Climatic Conditions: The City of Saratoga experiences low humidity,
high winds and warm temperatures during the summer months creating conditions which are
particularly conducive to the ignition and spread of grass, brush and structure fires.
Finding No. 2 – Topographical Conditions: The remoteness and steepness of hillside
areas in the City along with long, narrow roadways significantly impacts the ability of emergency
responders to extinguish or control wildland or structure fires.
Finding No. 3 – Seismic Conditions: The City of Saratoga is situated adjacent to active
earthquake faults capable of producing substantial seismic events. Should a significant seismic
event occur, uncontrolled hazardous materials releases and fires could pose the greatest threat to
the largest number of people. Since the City is divided by a freeway and highway, a major
earthquake would significantly impact the ability of fire crews to respond to emergencies should
one or more roadways be blocked or damaged due to bridge collapse or debris from falling
structures. Additionally, fire suppression capabilities will be severely limited should the water
system be extensively damaged during the seismic event.
Therefore, in order to minimize the risks to persons and property due to potential
response delays and compromised fire suppression capabilities, mitigation measures are
necessary such as but not limited to; automatic fire suppression systems, controls for hazardous
materials, safety provisions in buildings for firefighters and additional fire hydrants.
Additions and deletions to the 2010 California Fire Code are hereby determined to be reasonably
necessary based on the above findings and apply to following amended, added, or deleted
sections:
105.1.4 – Construction Permit Fees (added)
105.1.5 – Operational Permit Fees (added)
105.6.8 – Compressed Gases (amended)
105.6.10 – Cryogenic Fluids (amended)
105.6.48 – Day Care Facility (added)
105.6.49 – Institutional (added)
106.5 – Final Inspection (added)
109.3 – Violation Penalties (amended)
311.5 – Placards (deleted)
311.5.1 – Placard Location (deleted)
311.5.2 – Placard Size and Color (deleted)
311.5.3 – Placard Date (deleted)
311.5.4 – Placard Symbols (deleted)
311.5.5 – Informational Use (deleted)
316.6 – Roof Guardrails at Interior Courts (added)
404.2 – Where Required (amended)
404.3.1 – Fire Evacuation Plans (amended)
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Table 405.2 – Fire Evacuation Drill Frequency and Participation (amended)
408.2.2 – Announcements (deleted)
408.3.1 – First Emergency Evacuation Drill (deleted)
408.3.2 – Emergency Evacuation Drill Deferred (deleted)
408.3.3 – Time of Day (deleted)
408.3.4 – Assembly Points (deleted)
408.5.1 – Fire Safety and Evacuation Plans (deleted)
408.5.2 – Staff Training (deleted)
408.5.3 – Resident Training (deleted)
408.5.4 – Drill Frequency (deleted)
408.5.5 – Resident Participation (deleted)
408.6 – Group I-2 Occupancies (deleted)
408.6.1 – Evacuation Not Required (deleted)
408.6.2 – Coded Alarm Signal (deleted)
408.7 – Group I-3 Occupancies (deleted)
408.7.1 – Employee Training (deleted)
408.7.2 – Staffing (deleted)
408.7.3 – Notification (deleted)
408.7.4 – Keys (deleted)
408.8 – Group R-1 Occupancies (deleted)
408.8.1 – Evacuation Diagrams (deleted)
408.8.2 – Emergency Duties (deleted)
408.8.3 – Fire Safety and Evacuation Instructions (deleted)
408.9 – Group R-2 Occupancies (amended)
408.9.4 – First Emergency Evacuation Drill (added)
408.9.5 – Time of Day (added)
408.11.1.2 – Revisions (amended)
503.1 – Where Required (amended)
503.1.1 – Buildings and Facilities (amended)
503.2.1 – Dimensions (amended)
504.4 – Access Control Devices (added)
510.1 – Emergency Responder Radio Coverage in Buildings (amended)
510.1.1 – Obstruction by new buildings (added)
605.11 – Immersion Heaters (added)
608.6.4 – Failure of Ventilation System (added)
806.1.1 – Display Inside Buildings (amended)
903.2 – Where Required (amended)
903.2.19 – Group U. Garage Sprinklers (added)
903.3.1.1 – NFPA 13 Sprinkler Systems (amended)
903.3.1.2 – NFPA 13R Sprinkler Systems (amended)
903.3.1.3 – NFPA 13D Sprinkler Systems (amended)
912.2 – Location (amended)
1404.8 – Fire Walls (added)
1411.1 – Stairways Requires (amended)
1411.1.1 – Required Means of Egress (added)
1802.1 – Definitions (amended)
1907.6 – Fire Protection Water Supply System (added)
1908.11 – Fire Protection Water Supply System (added)
2703.11 – Fire Extinguising Systems for Workstations Dispensing, Handling or Using Hazardous
Materials (added)
3301.1 – Scope (amended)
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3301.2 – Explosives (added)
3301.3 – Fireworks (added)
3301.4 – Rocketry (added)
3301.5 – Small Arms Ammunition- General (added)
3301.5.1 – Packages (added)
3301.5.1.1 – Repackaging (added)
3301.5.1.2 – Damaged Packages (added)
3301.5.2 – Storage in Group R Occupancies (added)
3301.5.2.1 – Smokeless Propellants (added)
3301.5.2.2 – Black Powder (added)
3301.5.2.3 – Small Arms Primers (added)
3301.5.3 – Display and Storage in Group M Occupancies (added)
3301.5.3.1 – Display (added)
3301.5.3.1.1 – Smokeless Propellant (added)
3301.5.3.1.2 – Black Powder (added)
3301.5.3.1.3 – Small Arms Primer (added)
3301.5.3.2 – Storage (added)
3301.5.3.2.1 – Storage of Smokeless Propellant (added)
3301.5.3.2.2 – Black Powder (added)
3301.5.3.2.3 – Small Arms Primers (added)
3404.2.7.5.8 – Overfill Prevention (amended)
3404.2.7.5.9 – Automatic Filling of Tanks (added)
3404.2.9.6.1 – Storage of Flammable or Combustible Liquids (amended)
3804.2 – Storage of Liquefied Petroleum Gas (amended)
3506.2 – Storage of Stationary tanks of Flammable Cryogenic Fluids (amended)
4902.1 – General (amended)
4906.2 – Application (amended)
4907.1 – General (amended)
4907.2 – Corrective Actions (added)
4908.1 – General (added)
4908.2 – Content (added)
4908.3 – Cost (added)
4908.4 – Plan Retention (added)
4909 – Access (added)
4909.1 – General (added)
4909.2 – Driveways (added)
4910 – Water Supply (added)
4910.1 – General (added)
4910.2 – Clearance of Fuel (added)
4910.3 – Standby Power (added)
4911 – General Requirements for Suppression and Control (added)
4911.1 – Scope (added)
4911.2 – Clearance of Brush or Vegetative Growth from Roadways (added)
4911.3 – Access Restriction (added)
4911.3.1 – Restricted Entry to Public Lands (added)
4911.3.2 – Use of Fire Roads and Defensible Space (added)
4911.3.3 – Use of Motorcycles, Motor Scooters, Ultra Light Aircraft and Motor Vehicles (added)
4911.3.4 – Tampering with Locks, Barricades, Signs and Address Markers (added)
4912 – Ignition Source Control (added)
4912.1 – General (added)
4912.2 – Clearance from Ignition Sources (added)
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4912.3 – Smoking (added)
4912.4 – Equipment and Devices Generating Heat, Sparks or Open Flames (added)
4912.5 – Fireworks (added)
4913 – Outdoor Fires (added)
4913.1 – General (added)
4913.2 – Permits (added)
4913.3 – Restrictions (added)
4913.4 – Outdoor Fireplaces, Permanent Barbecues and Grills (added)
4914 – Liquefied Petroleum Gas Installations (added)
4914.1 – Vegetation Clearance around Tanks/Containers (added)
4915 – Storage of Firewood and Combustible Materials (added)
4915.1 – General (added)
4915.2 – Storage for Off-Site Use (added)
4916 – Dumping (added)
4916.1 – Waste Material (added)
4916.2 – Ashes and Coals (added)
4917 – Protection of Pumps and Water Storage Facilities (added)
4917.1 – Clearance of Flammable Vegetation (added)
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FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2010 CALIFORNIA MECHANICAL CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITYOF
SARATOGA
No findings are necessary because the 2010 California Mechanical Code is being adopted
without modification.
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FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2010 CALIFORNIA ELECTRICAL CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITYOF
SARATOGA
No findings are necessary because the 2010 California Electrical Code is being adopted without
modification.
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FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2010 CALIFORNIA PLUMBING CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITYOF
SARATOGA
No findings are necessary because the 2010 California Plumbing Code is being adopted without
modification.
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FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2010 CALIFORNIA GREEN BUILDING STANDARDS CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITY OF
SARATOGA
No findings are necessary because the 2010 California Green Building Standards Code is being
adopted without modification.
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Ordinance No. __________
An Ordinance Adopting the 2010 California Building Standards Building, Residential
Building, Electrical, Mechanical, Plumbing, Fire, and Green Building Standards Codes
with Modifications for Local Conditions.
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS
FOLLOWS:
Section 1. Findings.
The City Council finds and declares as follows:
A. The State of California has adopted the 2010 California Building Code (California
Code of Regulations, Title 24, Part 2, Volumes 1 and 2, California Building
Standards Commission, based upon the 2009 International Building Code as
published by the International Code Council); the 2010 California Residential
Building Code (California Code of Regulations, Title 24, Part 2.5, California
Building Standards Commission as published by the International Code Council);
the 2010 California Electrical Code (California Code of Regulations, Title 24, Part
3, based on the 2008 National Electrical Code as published by the International
Code Council); the 2010 California Mechanical Code (California Code of
Regulations, Title 24, Part 4, based on the 2009 Uniform Mechanical Code as
published by the International Code Council); the 2010 California Plumbing Code
(California Code of Regulations, Title 24, Part 5, based on the 2009 Uniform
Plumbing Code as published by the International Code Council); the 2010
California Fire Code (California Code of Regulations, Title 24, Part 9, based on
the 2009 International Fire Code as published by the International Code Council);
and the 2010 California Green Building Standards Code (California Code of
Regulations, Title 24, Part 11, California Building Standards Commission as
published by the International Code Council). These Codes shall hereinafter be
referred to collectively as the “Building Codes.”
B. On December 1, 2010, pursuant to California Government Code Section 50022.3,
the City Council of Saratoga conducted a first reading of the title of the ordinance
adopting the Building Codes, and of the ordinance to be adopted thereby, and
scheduled a public hearing on the adoption of the Building Codes to be held
December 15, 2010.
C. On November 30, 2010, pursuant to California Government Code Section
50022.6, at least one copy of the primary codes certified as true copies by the
legislative clerk were filed with the legislative clerk for public inspection.
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D. On December 1, 2010, pursuant to California Government Code Sections 50022.3
and 6066, a notice was published in a newspaper of general circulation stating the
time and place of the December 15, 2010 public hearing and including a
description the legislative body deemed sufficient to give notice of the purpose
and subject matter of said ordinance. The notice informed the public that copies
of the primary codes considered for adoption were on file with the clerk of the
legislative body and open for public inspection.
E. On December 8, 2010, pursuant to California Government Code Sections 50022.3
and 6066, a second notice identical to the first was filed in a newspaper of general
circulation.
F. On December 15, 2010, pursuant to California Government Code Section 50022.4,
a public hearing was held. Following public testimony and consideration, the City
Council of Saratoga found adoption of the Building Codes was in the public
interest. Except as to the additions, deletions and amendments hereinafter noted,
the Building Codes are hereby adopted and made a part hereof, the same as if fully
set forth in this Article, and shall be the Building Regulations of the City.
G. Additions, deletions, and amendments identical to those adopted in the City of
Saratoga’s 2007 Building Regulations were and are deemed reasonably necessary
because of local climatic, geological, or topographical conditions pursuant to
Government Code Section 17958.5. Express findings that these modifications to
the Building Code were reasonably necessary were filed upon the adoption of the
City of Saratoga’s 2007 Building Regulations with the California Building
Standards Commission in accordance with California Health and Safety Code
Section 17958.7 and are available as a public record.
H. The new additions, deletions, and amendments hereinafter noted are deemed
reasonably necessary because of local climatic, geological, or topographical
conditions pursuant to Government Code Section 17958.5. Express findings that
these modifications to the Building Code are reasonably necessary will be filed
with the California Building Standards Commission in accordance with California
Health and Safety Code Section 17958.7 before this ordinance takes effect.
I. While the ordinance codified in this Article is in force, a true copy of the Building
Codes shall be kept for public inspection in the office of the Building Official and
a reasonable supply of the Building Code shall be available for public purchase in
the office of the City Clerk in accordance with Government Code Section 50022.6.
J. Unlike the 2007 version of the California Building Standards Code (California
Code of Regulations, Title 24), the 2010 California Building Standards Code
provides for damaged structures to be repaired or reconstructed to a structurally
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safe level, accounting for upgrades in wind and seismic standards. Therefore the
City Council of Saratoga does not deem it necessary to retain the provisions of
Article 16-16 of the Saratoga City Code (“Repair and Reconstruction Code”)
adopted in the City of Saratoga’s 2007 Building Regulations.
K. The City of Saratoga’s dense population is located in an area of high seismic
activity and steep slopes susceptible to erosion. Areas of critically expansive soil
and other unstable soil conditions create a need for soil retention and the diversion
or increased flow of surface waters, particularly on steep slopes. The provisions
of the Building Codes pertaining to excavation and grading, including the
provisions in Appendix J of the 2010 California Building Code, provide only
general direction and are insufficient to ensure public safety given these unique
climatic, geological and topographical features. Therefore the City Council of
Saratoga deems it reasonably necessary to retain the provisions of appendix
Chapter 33 only of the 2001 California Building Code (1997 Uniform Building
Code Vols. I, II, and III as compiled and published by the International
Conference of Building Officials and amended by the State of California) with
additions, deletions, and amendments identical to those adopted in the City of
Saratoga’s 2007 Building Regulations. These provisions are hereinafter referred
to as the “Excavation and Grading Code.”
Section 2. Adoption.
Article 16-15 of the Saratoga City Code concerning the Building Code is hereby
deleted in its entirety and replaced with Article 16-15 attached in Appendix A.
Article 16-16 of the Saratoga City Code concerning the Repair and Reconstruction
Code is hereby deleted in its entirety.
Article 16-17 of the Saratoga City Code concerning the Excavation and Grading
Code is hereby deleted in its entirety and replaced with Article 16-17 attached in
Appendix A.
Article 16-18 of the Saratoga City Code concerning the Residential Building Code
is hereby adopted as attached in Appendix A.
Article 16-20 of the Saratoga City Code concerning the Fire Code is hereby deleted
in its entirety and replaced with Article 16-20 attached in Appendix A.
Article 16-25 of the Saratoga City Code concerning the Plumbing Code is hereby
deleted in its entirety and replaced with Article 16-25 attached in Appendix A.
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Article 16-30 of the Saratoga City Code concerning the Mechanical Code is hereby
deleted in its entirety and replaced with Article 16-30 attached in Appendix A.
Article 16-35 of the Saratoga City Code concerning the Electrical Code is hereby
deleted in its entirety and replaced with Article 16-35 attached in Appendix A.
Article 16-49 of the Saratoga City Code concerning the Green Building Standards
Code is hereby adopted as shown in Article 16-49 attached in Appendix A.
Section 16-72.020 of Article 16-72 concerning construction and demolition debris
is amended as shown below (text to be added is shown in bold double underline
(example) and text to be deleted is shown in strikeout (example)).
16-72.020 - Review of proposed plan.
(a) The Building Official shall review a proposed construction and demolition debris
recycling plan to determine whether the plan meets the following criteria:
(1) The plan identifies all recyclable construction or demolition debris anticipated
to be produced by the project.
(2) The plan explains how the applicant will recycle and/or salvage for reuse a
minimum of 50 percent of the nonhazardous reasonably maximize the diversion
of construction and demolition debris from disposal in a landfill.
(3) The plan identifies end uses of the construction and demolition debris that are
consistent with the diversion goals of the California Integrated Waste Management
Act of 1989 (Cal. Pub. Res. Code § 40000 et seq.).
(4) The plan specifies that all waste management activities on the site,
including construction and demolition debris recycling, collection, and
disposal, will be carried out in accordance with the Saratoga Code.
(b) The Building Official may recommend modifications to the proposed plan in
accordance with the criteria in subsection (a), and the applicant may modify the proposed
plan in accordance with the recommendations of the Public Works Director and the
criteria in subsection (a).
(c) If the Building Official determines that the proposed plan satisfies the criteria in
subsection (a), the Building Official shall approve the plan.
(d) If the Building Official determines that the proposed plan is not being
implemented or is being implemented in a manner that is not in accordance with the
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Saratoga Code the Building Official may suspend the permit(s) associated with the
plan and all work assocaited with those permits shall cease.
Section 3. California Environmental Quality Act.
Pursuant to the California Environmental Quality Act (“CEQA”), this action is
exempt under 14 California Code of Regulations (“CEQA Guidelines”) section 15308 (the
amendments are exempt because they assure maintenance, restoration, enhancement, or
protection of the environment) and CEQA Guidelines section 15061(b)(3) (the amendments
are exempt because it can be seen with certainty that there is no possibility that the activity
in question may have a significant effect on the environment).
Section 4. Severance Clause.
The City Council declares that each section, sub-section, paragraph, sub-paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub-section, sentence, clause and phrase of this ordinance. If any section, sub-
section, paragraph, sub-paragraph, sentence, clause and phrase are held invalid, the City
Council declares that it would have adopted the remaining provisions of this ordinance
irrespective of the portion held invalid, and further declares its express intent that the
remaining portions of this ordinance should remain in effect after the invalid portion has
been eliminated.
Section 5. Publication.
This ordinance or a comprehensive summary thereof shall be published in a
newspaper of general circulation of the City of Saratoga within fifteen days after its
adoption.
- Continued Next Page -
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The foregoing ordinance was introduced and read at the regular meeting of the City Council
of the City of Saratoga held on the 1st day of December 2010, and was adopted by the
following vote following a second reading on the 15th day of December 2010:
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
____________________________________
MAYOR OF THE CITY OF SARATOGA
Saratoga, California
ATTEST:
____________________________________
Ann Sullivan
CLERK OF THE CITY OF SARATOGA
Saratoga, California
APPROVED AS TO FORM:
____________________________________________
RICHARD TAYLOR, CITY ATTORNEY
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City of Saratoga Ordinance No. ___
APPENDIX A
Article 16-15 BUILDING CODE
16-15.010 Adoption of 2010 California Building Code.
(a) The 2010 California Building Code (2009 edition of the International Building Code as
compiled and published by the International Code Council and amended by the State of
California), including Appendix I, referred to throughout this Chapter as the “Building Code,” is
hereby referred to and, except as to additions, deletions and amendments hereinafter noted, such
code is hereby adopted and made a part hereof, the same as if fully set forth in this Article, and
shall be the building code of the City. However, in accordance with California Government
Code Section 50222.4, no penalty clauses are adopted by reference. In accordance with
California Health and Safety Code Section 17958.7, express findings that modifications to the
Building Code are reasonably necessary because of local climatic, geological or topographical
conditions are either already on file with the California Building Standards Commission, or will
be filed prior to the effective date of the ordinance codified in this Article.
(b) In accordance with California Government Code Section 50022.6, at least one true copy
of the Building Code has been on file with the City Clerk since fifteen (15) days prior to
enactment of the ordinance codified in this Article. While the ordinance codified in this Article
is in force, a true copy of the Building Code shall be kept for public inspection in the office of
the Building Official. A reasonable supply of the Building Code shall be available in the office
of the City Clerk for public purchase.
(c) The additions, deletions and amendments set forth in this Article are made to the
Building Code, as adopted by reference in Section 16-15.010(a).
16-15.020 Enforcement of Title 24 of the California Code of Regulations
Pursuant to the laws of the State of California, Title 24 of the California Code of Regulations,
also known as the California Building Standards Code, applies to all construction in the State of
California and is enforced by the City of Saratoga in accordance with State law. This and other
Articles of Chapter 16 of the Saratoga Code adopt certain provisions of Title 24 by reference and
make revisions to reflect local climatic, geological, or topographical conditions. The provisions
of Title 24 that are not adopted by reference or amended by this Article remain in effect as laws
of the State.
16-15.025 Retention of plans.
(a) Subsection 107.5 of the Building Code is amended to read:
107.5 Retention of plans. One set of reviewed plans and specifications shall be returned to the
applicant and shall be kept on the site of the building or work at all times during which the work
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authorized thereby is in progress. One set of reviewed plans, specifications and computations
shall be retained by the building official as part of his permanent records.
16.15-030 Expiration of permits.
(a) Subsection 105.5 of the Building Code is amended to read:
105.5 Expiration of Permits.
(a) Every permit issued by the building official under the provisions of the Building Code
shall expire by limitation and become null and void if any one of the following occurs:
(1) The building or work authorized by such permit is not commenced within 180
days from the date of such permit; or
(2) The building or work authorized by such permit is suspended or abandoned at any
time after the work is commenced for a period of 180 days; or
(3) The permittee fails or refuses to request an inspection required by Section 110 of
the Building Code within any period of 180 consecutive days after the work authorized by the
permit is commenced. If the building official conducts such inspection within such 180-day
period, but declines to approve such inspection without correction of specified items and
subsequent reinspection, then the building permit shall not expire if such correction is made and
passes re-inspection within 30 days after the end of the 180-day period described in this
subsection.
(b) After such expiration, such work can be recommenced, only upon reinstatement or
issuance of a new permit to do so. The plans and specifications for a reinstated permit or new
permit shall comply with all provisions of the City building code in effect at the time of
reinstatement or issuance of a new permit. A reinstatement or new permit may be issued as
follows:
(1) Reinstatement. Expired Permits may be reinstated as follows. Application for
permit reinstatement within 180 days of expiration, provided no changes have been made or will
be made in the original plans and specifications for such work; and provided further that such
suspension or abandonment under (2) above has not exceeded one year. The fee for issuance of
renewed permit shall be one-half of the full permit fees (based upon the fee schedule adopted by
the City Council as of the time the reinstated permit is issued) if the reinstated permit is applied
for within 180 days after expiration of the prior permit.
(2) New Permit. A new permit may be issued following expiration of a building
permit as follows. Application for a new permit at any time so long as any underlying Design
Review Approval, Use Permit or other required planning approval remains effective. The full
permit fee shall apply to the new permit (based upon the fee schedule adopted by the City
Council as of the time the new permit is issued).
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(c) Notwithstanding the foregoing provisions, upon written request by the applicant showing,
to the satisfaction of the building official, that the prior permit expired as a result of exceptional
circumstances beyond the reasonable control of the applicant, the building official may waive or
reduce the payment of a fee for issuance of the reinstated or the new permit.
(d) The building official may decline to issue more than one reinstatement of a building
permit if in the judgment of the building official the work authorized by the original permit is not
being diligently prosecuted to completion. The building official may also condition any
reinstatement to assure diligent prosecution to completion or to prevent a nuisance. The building
official may approve no more than two reinstatements of a building permit.
(e) The building official may at any time exercise discretion to find that a building, structure
or work for which a building permit has expired qualifies as an unsafe building, structure or
work and proceed to abate any nuisance associated therewith.
(f) Where: (i) a building permit has expired; and (ii) the building, structure, or other work
authorized by such permit has not been completed; and (iii) no reinstated permit has been
obtained within 180 days after expiration, then said building, structure, or work shall be
conclusively presumed to be unsafe, abandoned, a hazard to the public health, safety and welfare,
and a public nuisance.
(g) The building official is authorized to exercise discretion to abate any public nuisance
regarding any unsafe building, structure or work (including but not limited to one resulting under
the preceding paragraph) by repair, rehabilitation, demolition or removal thereof by:
(1) Proceeding under the Building Code for the Abatement of Dangerous Buildings;
or
(2) Proceeding under the following alternative method of enforcement where a
building, structure, or other work authorized by a building permit has not been completed within
36-months of the date of issuance of the original permit: the building official may abate such
public nuisance by ordering and duly enforcing repair, rehabilitation, demolition or removal of
the building, structure, or other work, or construction of a fence or wall around the building,
structure, or work so as to obscure it from view, or construction of other structures or blockades
to prevent access to the building, structure, or other work by animals or humans.
16.15-040. Fees.
(a) Subsection 109.2.1 of the Building Code is amended to read:
109.2.1 Fees. The City of Saratoga may prescribe fees to defray the cost of enforcement
of rules and regulations promulgated by the Department of Housing and Community
Development or set forth in the Building Code. The amount of such fees shall not exceed the
amount reasonably necessary to administer or process permits, certificates, forms or other
documents, or to defray the costs of enforcement and shall be established by resolution of the
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City Council. The payment of any fee shall not exempt any person from compliance with all
other provisions of this code or the technical codes nor from any penalty prescribed by law.
Permit Fees. The amount of the fees to be paid for each permit shall be established by
resolution of the City Council.
Investigation Fees. Whenever any work for which a permit is required by this code has
been commenced without first obtaining said permit, a special investigation shall be made before
a permit may be issued for such work. An investigation fee, in addition to the permit fee, shall be
collected whether or not a permit is then or subsequently issued. The investigation fee shall be
established by resolution of the City Council.
Plan Review Fees. When a plan or other data are required to be submitted by Section
106.1 of Appendix Chapter 1, a plan review fee shall be paid at the time of submitting plans and
specifications for review. Said plan review fee shall be established by resolution of the City
Council. Where plans are incomplete or changed so as to require additional plan review, an
additional plan review fee shall be charged as established by resolution of the City Council.
Expiration of Plan Review. Applications for which no permit is issued within 180 days
following the date of application shall expire by limitation, and plans and other data submitted
for review may thereafter be returned to the applicant or destroyed by the building official. The
building official may extend the time for action by the applicant for a period not exceeding 180
days on request by the applicant showing that circumstances beyond the control of the applicant
have prevented action from being taken. No application shall be extended more than once. In
order to renew action on an application after expiration, the applicant shall resubmit plans and
pay a new plan review fee.
Additional Fees. The City of Saratoga may prescribe any additional fees reasonably
necessary to cover the cost of administering this Article. Such fees shall be set forth in the City
of Saratoga Master Fee Schedule adopted by the City Council.
16.15-045. Roof coverings.
(a) Section 1505.1.3 of the Building Code is amended to read:
1505.1.3 Roof coverings in all other areas. The entire roof covering of every existing structure
where more than 10 percent of the total roof area is replaced within any one-year period, the
entire roof covering of every new structure, and any roof covering applied in the alteration,
repair or replacement of the roof of every existing structure, shall be a fire-retardant roof
covering that is at least Class A.
(b) Section 1505.1.4.1 of the 2010 California Building Code is added to read:
1505.1.4.1 Roofing coverings within the Wildland-Urban Interface Fire Area. The entire
roof covering of every existing structure where more than 10 percent of the total roof area is
replaced within any one-year period, the entire roof covering of every new structure, and any
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roof covering applied in the alteration, repair or replacement of the roof of every existing
structure, shall be a fire-retardant roof covering that is at least Class A.
16-15.050 Underside of appendages
(a) Section 707A.8.1 of the Building Code is amended to read:
707A.8.1 Underside of appendages. The underside of overhanging appendages shall be
enclosed to grade in accordance with the requirements of this chapter or the underside of the
exposed underfloor shall consist of one of the following:
1. Noncombustible material
2. Ignition-resistant material
3. One layer of 5/8 –inch Type X gyp sum sheathing applied behind an
exterior covering on the underside of the floor projection
4. The exterior portion of a 1-hour fire resistive exterior wall assembly
applied to the underside of the floor including assemblies using the
gypsum panel and sheathing products listed in the Gypsum Association
Fire Resistance Design Manual
5. The underside of a floor assembly that meets the performance criteria in
accordance with the test procedures set forth in SFM Standard 12-7A-3
Exception: Heavy timber structural columns and beams do not require protection.
16-15.055 Accessory Structures
(a) Subsection 710A.3.2 of the Building Code is deleted in its entirety.
(b) Section 710A.8 of the Building Code is amended to read:
710A.4 Requirements. Accessory structures shall be constructed of noncombustible or
ignition-resistant materials.
16-15.060 Earthquake Loads.
(a) Subsection 1613.8 is added to the Building Code to read:
1613.8 ASCE 7, Section 12.8.7. Modify ASCE 7, Section 12.8.7 by amending Equation 12.8-
16 as follows:
dsxx
x
ChV
IP∆=θ (12.8-16)
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16-15.065 Special Inspections
(a) Subsection 1704.4 of the Building Code is amended to read:
1704.4 Concrete Construction. The special inspections and verifications for concrete
construction shall be as required by this section and TABLE 1704.4.
Exceptions: Special inspections shall not be required for:
1. Isolated spread concrete footings of buildings three stories or less above grade
plane that are fully supported on earth or rock, where the structural design of the footing is based
on a specified compressive strength, f’c, no greater than 2,500 pound per square inch (psi) (17.2
Mpa).
16-15.070 Modifications to ACI 318
(a) Subsection 1908.1.8.1 of the Building Code is amended to read:
1908.1.8 ACI 318, section 22.10 Delete ACI 318, section 22.10, and replace with the following:
22.10 - Plain concrete in structures assigned to seismic design category C, D, E or F.
22.10.1- Structures assigned to Seismic Design Category C, D, E or F shall not have
elements of structural plain concrete, except as follows:
(a) Isolated footings of plain concrete supporting pedestals or columns are permitted,
provided the projection of the footing beyond the face of the supported member does not exceed
the footing thickness.
Exception: In detached one and two-family dwelling three stories or less in
height, the projection of the footing beyond the face of the supported member is permitted to
exceed the footing thickness.
(b) Plain concrete footing supporting walls are permitted, provided the footings have
at least two continuous longitudinal reinforcing bars. Bars shall not be smaller than No. 4 and
shall have a total area of not less than 0.002 times the gross cross-sectional area of the footing.
A minimum of one bar shall be provided at the top and bottom of the footing. Continuity of
reinforcement shall be provided at corners and intersections.
Exception: In detached one and two-family dwellings three stores or less in
height and constructed with stud bearing walls, plain concrete footings with at least two
continuous longitudinal reinforcing bars not smaller than No. 4 are permitted to have a total area
of less than 0.002 times the gross cross –sectional area of the footing.
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Article 16-17 EXCAVATION AND GRADING
16-17.010 Purpose.
(a) The purpose of this Article is to safeguard life, limb, property and the public welfare by
regulating grading on private property. This Article establishes amendments to the Building
Code for the excavation and grading. In the event an amendment to the Building Code results in
differences between these building standards and the Building Code, the text of these building
standards shall govern. In accordance with California Health and Safety Code Section 17958.7,
express findings that modifications to the Building Code are reasonably necessary because of
local climatic, geological or topographical conditions are either already on file with the
California Building Standards Commission, or will be filed prior to the effective date of the
ordinance codified in this Article.
16-17.020 Scope.
(a) This Article sets forth rules and regulations to control excavation, grading and earthwork
construction, including fills and embankments; establishes the administrative procedure for
issuance of permits; and provides for approval of plans and inspection of grading construction.
1. Testing.
a. ASTM D 1557, Moisture-density Relations of Soils and Soil Aggregate Mixtures
b. ASTM D 1556, In Place Density of Soils by Sand-Cone Method
c. D 2167, In Place Density of Soils by the Rubber-Balloon Method
d. ASTM D 2937, In Place of Density of Soils by the Drive-Cylinder Method
e. ASTM D 2922 and D 3017, In Place Moisture Contact and Density of Soils by Nuclear
Methods
16-17.030 Permits Required
(a) Permits Required. Except as specified in part (b), no person shall do any grading without
first having obtained a grading permit from the building official.
(b) Exempted Work. A grading permit is not required for the following:
1. When approved by the building official, grading in an isolated, self-contained area if there is
no danger to private or public property.
2. An excavation below finished grade for basements and footings of a building, retaining wall or
other structure authorized by a valid building permit. This shall not exempt any fill made with
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the material from such excavation or exempt any excavation having an unsupported height
greater than 5 feet (1524 mm) after the completion of such structure.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
5. Excavations for wells or tunnels or utilities.
6. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or
clay where established and provided for by law, provided such operations do not affect the lateral
support or increase the stresses in or pressure upon any adjacent or contiguous property.
7. Exploratory excavations under the direction of soil engineers or engineering geologists.
8. An excavation that (1) is less than 2 feet (610 mm) in depth or (2) does not create a cut slope
greater than 5 feet (1524 mm) in height and steeper than 1 unit vertical in 1½ units horizontal
(66.7% slope).
9. A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a slope flatter than
1 unit vertical in 5 units horizontal (20% slope), or less than 3 feet (914 mm) in depth, not
intended to support structures, that does not exceed 50 cubic yards (38.3 m3) on any one lot and
does not obstruct a drainage course.
(c) Exemption from the permit requirements of this chapter shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of this chapter
or any other laws or ordinances of this jurisdiction.
16-17.040 Hazards
(a) Whenever the building official determines that any existing excavation or embankment or
fill on private property has become a hazard to life and limb, or endangers property, or adversely
affects the safety, use or stability of a public way or drainage channel, the owner of the property
upon which the excavation or fill is located, or other person or agent in control of said property,
upon receipt of notice in writing from the building official, shall within the period specified
therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in
conformance with the requirements of this code.
16-17.050 Definitions
(a) For the purposes of this Article, the definitions listed hereunder shall be construed as
specified in this section.
“Approval” shall mean that the proposed work or completed work conforms to this chapter in the
opinion of the building official.
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“As-Graded” is the extent of surface conditions on completion of grading.
“Bedrock” is in-place solid rock.
“Bench” is the relatively level step excavated into earth material on which fill is to be placed.
“Borrow” is earth material acquired from an off-site location for use in grading on a site.
“Civil Engineer” is a professional engineer registered in the state to practice in the field of civil
works.
“Civil Engineering” is the application of the knowledge of the forces of nature, principles of
mechanics and the properties of materials to the evaluation, design and construction of civil
works.
“Compaction” is the densification of fill by mechanical means.
“Earth Material” is any rock, natural soil or fill or any combination thereof.
“Engineering Geologist” is a geologist experienced and knowledgeable in engineering geology.
“Engineering Geology” is the application of geological knowledge and principles in the
investigation and evaluation of naturally occurring rock and soil for use in the design of civil
works.
“Erosion” is the wearing away of the ground surfaced as a result of the movement of wind, water
or ice.
“Excavation” is the mechanical removal of earth material.
“Fill” is a deposit of earth material placed by artificial means.
“Geotechnical Engineer.” See “soils engineer.”
“Grade” is the vertical location of ground surface.
“Existing Grade” is the grade prior to grading.
“Finish Grade” is the final grade of the site that conforms to the approved plan.
“Rough Grade” is the stage at which the grade approximately conforms to the approved plans.
“Grading” is any excavating or filling or combination thereof.
“Key” is a designed compacted fill placed in a trench excavated in earth material beneath the toe
of a proposed fill slope.
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“Professional Excavation” is the inspection required by this code to be performed by the civil
engineer, soils engineer or engineering geologist. Such inspections include that performed by
persons supervised by such engineers or geologists and shall be sufficient to form an opinion
relating to the conduct of the work.
“Site” is any lot or parcel of land or contiguous combination thereof, under the same ownership,
where grading is performed or permitted.
“Slope” is an inclined ground surface the inclination of which is expressed as a ratio of
horizontal distance to vertical distance.
“Soil” is naturally occurring superficial deposits overlying bedrock.
“Soils Engineer (Geotechnical Engineer)” is an engineer experienced and knowledgeable in the
practice of soils engineering (geotechnical) engineering.
“Terrace” is a relatively level step constructed in the face of a graded slope surface for drainage
and maintenance purposes.
16-17.060 Grading Permit Requirements
(a) Permits Required. Except as exempted in Section 16-17.040 of this code, no person shall
do any grading without first obtaining a grading permit from the building official. A separate
permit shall be obtained for each site, and may cover both excavations and fills.
1. Notwithstanding any provision of the Building Code to the contrary, a grading
permit shall be required for any increase or decrease in the elevation of any portion of a lot by
more than one foot, except for changes in elevation for the construction or installation of any
building foundation, basement, pool or other structure for which a building permit has been
issued by the City and the excavated material is removed from the site.
(b) Application. The provisions of Section 105.3 of the 2010 California Building Code are
applicable to grading. Additionally, the application shall state the estimated quantities of work
involved.
(c) Grading Designation. All grading in excess of 1,000 cubic yards shall be performed in
accordance with the approved grading plan prepared by a civil engineer, and shall be designated
as “engineered grading.” Grading involving less than 1,000 cubic yards shall be designated as
“regular grading” unless the permittee, with the approval of the building official, chooses to have
the grading performed as “engineered grading.”
(d) Engineered Grading Requirements. Application for a grading permit shall be
accompanied by two sets of plans and specifications, and supporting data consisting of a soils
engineering report and engineering geology report. The plans and specifications shall be
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prepared and signed by an individual licensed by the state to prepare such plans or specifications
when required by the building official.
1. Specifications shall contain information covering construction and material
requirements.
2. Plans shall be drawn to scale upon substantial paper or cloth and shall be of
sufficient clarity to indicate the nature and extent of the work proposed and show in detail that
they will conform to the provisions of this code and all relevant laws, ordinances, rules and
regulations. The first sheet of each set of plans shall give location of the work, the name and
address of the owner, and the person by whom they were prepared.
3. The plans shall include the following information:
a. General vicinity of the proposed site.
b. Property limits and accurate contours of existing ground and details of
terrain and area drainage.
c. Limiting dimensions, elevations or finish contours to be achieved by the
grading, and proposed drainage channels and related construction.
d. Detailed plans of all surface and subsurface drainage devices, walls,
cribbing, dams or other protective devices to be constructed with, or as a part of, the
proposed work, together with a map showing the drainage area and estimated runoff of
the area served by any drains.
e. Location of any buildings or structures on the property where the work is
to be performed and the location of any buildings or structures on land of adjacent
owners that are within 15 feet (4572 mm) of the property or that may be affected by the
proposed grading operations.
f. Recommendations included in the soils engineering report and the
engineering geology report shall be incorporated in the grading plans or specifications.
When approved by the building official, specific recommendations contained in the soils
engineering report and the engineering geology report, which are applicable to grading,
may be included by reference.
g. The dates of the soils engineering and engineering geology reports
together with the names, addresses and phone numbers of the firms or individuals who
prepared the reports.
h. Location of any buildings or structures and trees over twelve inches in
diameter, as measured twenty-four inches from natural grade, on the property where the
work is to be performed and the location of any building or structures on lands of
adjacent owners which are within the minimum setback of the adjacent property, as
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specified in the City's zoning regulations, or which may be affected by the proposed
grading operations. Specifications shall contain information covering construction and
material requirements.
i. Estimate of the quantity of excavation or fill involved and estimated
commencement and completion dates.
j. Indication of the area of vegetation to be removed.
(e) Soils Engineering Report. The soils engineering report required by part (d) shall include
data regarding the nature, distribution and strength of existing soils, conclusions and
recommendations for grading procedures and design criteria for corrective measures, including
buttress fills, when necessary, and opinion on adequacy for the intended use of sites to be
developed by the proposed grading as affected by soils engineering factors, including the
stability of slopes.
(f) Engineering Geology Report. The engineering geology report required by part (d) shall
include an adequate description of the geology of the site, conclusions and recommendations
regarding the effect of geological conditions on the proposed development, and opinion on the
adequacy for the intended use of sites to be developed by the proposed grading, as affected by
geological factors.
(g) Liquefaction Study. The building official may require a geotechnical investigation in
accordance with Section 1803.2 when, during the course of an investigation, all of the following
conditions are discovered, the report shall address the potential for liquefaction:
1. Shallow ground water, 50 feet (15 240 mm) or less.
2. Unconsolidated sandy alluvium.
3. Seismic Design Categories E and F.
(h) Regular Grading Requirements. Each application for a grading permit shall be
accompanied by a plan in sufficient clarity to indicate the nature and extent of the work. The
plans shall give the location of the work, the name of the owner and the name of the person who
prepared the plan. The plan shall include the following information:
1. General vicinity of the proposed site.
2. Limiting dimensions and depth of cut and fill.
3. Location of any buildings or structures where work is to be performed, and the
location of any buildings or structures within 15 feet (4572 mm) of the proposed grading.
(i) Issuance. The provisions of Section 105.3 of the 2010 California Building Code are
applicable to grading permits. The building official may require that grading operations and
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project designs be modified if delays occur which incur weather-generated problems not
considered at the time the permit was issued.
The building official may require professional inspection and testing by the soils engineer.
When the building official has cause to believe that geological factors may be involved, the
grading will be required to conform to the engineered grading.
16-17.070 Grading Fees
(a) General. Fees shall be assessed in accordance with the provisions of this section or shall
be as set forth in the fee schedule adopted by the jurisdiction.
(b) Plan Checking Fee. For excavation and fill on the same site, the fee shall be based on the
total combined volume of the excavation and fill, whichever is greater. Before accepting a set of
plans and specifications for checking, the building official shall collect a plan checking fee in an
amount as established from time to time by resolution of the City Council. Separate permits and
fees shall apply to retaining walls or major drainage structures, as indicated elsewhere in this
Code. There shall be no separate charge for standard terrace drains and similar facilities. The
plan checking fee for a grading permit authorizing additional work to that under a valid permit
shall be the difference between the fee paid for the original permit and the fee shown for the
entire project.
(c) Grading Permit Fees. A fee for each grading permit shall be paid to the building official,
in such amount as established from time to time by resolution of the City Council. The fee for a
grading permit authorizing additional work to that under a valid permit shall be the difference
between the fee paid for the original permit and the fee shown for the entire project.
(d) Special Fees. The building official may engage the services of geologists, engineering
geologists, soils engineers, foresters, and landscape architects as he determines to be necessary to
review grading plans and activities. The cost of such services shall be charged to and paid by the
applicant.
16-17.080 Bonds
(a) Grading Bonds. Every permittee shall be required to post a cash or surety bond with the
City in an amount sufficient to cover the cost of the grading project, including corrective work
necessary to eliminate any hazardous conditions, to ensure that the work will be completed
strictly in accord with the approved plans and specifications. Each bond shall ensure that the
permittee shall comply with all the provisions of this Code and all other applicable laws and
ordinances, that he will comply with all the terms and conditions of the permit to the satisfaction
of the building official and that he will complete the work within the time limits as specified in
the permit. In the event of any failure to complete the work or failure to comply with all the
conditions and terms of the permit, the building official may order the work required by the
permit to be completed to his satisfaction, and the surety shall continue to be firmly bound under
a continuing obligation for the payment of all necessary costs and expenses that may be incurred
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or expended by the City in causing all such work to be done, including engineering fees and
attorney's fees.
16-17.090 Cuts
(a) General. Unless otherwise recommended in the approved soils engineering or
engineering geology report, cuts shall conform to the provisions of this section.
(b) In the absence of an approved soils engineering report, these provisions may be waived
for minor cuts not intended to support structures.
(c) Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use and
shall be no steeper than 1 unit vertical in 2 units horizontal (50% slope) unless the permitee
furnishes a soils engineering or an engineering geology report, or both, stating that the site has
been investigated and giving an opinion that a cut at a steeper slope will be stable and not create
a hazard to public or private property.
16-17.100 Fills
(a) General. Unless otherwise recommended in the approved soils engineering report, fills
shall conform to the provisions of this section.
(b) In the absence of an approved soils engineering report, these provisions may be waived
for minor fills not intended to support structures.
(c) Preparation of Ground. Fills slopes shall not be constructed on natural slopes steeper than
1 unit vertical in 2 units horizontal (50% slope). The ground surface shall be prepared to receive
fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials scarifying
to provide a bond with the new fill and where slopes are steeper than 1 unit vertical in 5 units
horizontal (20% slope) and the height is greater than 5 feet (1524 mm), by benching into sound
bedrock or other competent material as determined by the soils engineer. The bench under the
toe of a fill on a slope steeper than 1 unit vertical in 5 units horizontal (20% slope) shall be at
least 10 feet (2048 mm) wide. The area beyond the toe of the fill shall be sloped for sheet
overflow or a paved drain shall be provided. When fill is to be placed over a cut, the bench
under the toe of the fill shall be at least 10 feet (3048 mm) wide but the cut shall be made before
placing the fill and acceptance by the soils engineer or engineering geologist or both as a suitable
foundation for fill.
(d) Fill Material. Detrimental amounts of organic material shall not be permitted in fills.
Except as permitted by the building official, no rock or similar irreducible material with a
maximum dimension greater than 12 inches (305 mm) shall be buried or placed in fills.
Exception: The building official may permit placement of larger rock when the soils
engineer properly devises a method of placement, and continuously inspects its
placement and approves the fill suitability. The following conditions shall also apply:
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1. Prior to issuance of the grading permit, potential rock disposal area shall be
delineated on the grading plan.
2. Rock sizes greater than 12 inches (305 mm) in maximum dimension shall be 10
feet (3048 mm) or more below grade, measured vertically.
3. Rocks shall be placed so as to assure filling of all voids with well-graded soil.
(e) Compaction. All fills shall be compacted to a minimum of 90 percent maximum density.
(f) Slope. The slope of fill surfaces shall be no steeper than is safe for intended use. Fill
slopes shall be no steeper than 1 unit vertical in 2 units horizontal (50% slope).
16-17.110 Setbacks
(a) General. Cut and fill slopes shall be set back from site boundaries in accordance with
this section. Setback dimensions shall be horizontal distances measured perpendicular to the site
boundary. Setback dimensions shall be as shown in Figure A-33-1.
(b) Top of Cut Slope. The top of cut slopes shall not be made nearer to the site boundary line
than one fifth of the vertical height of cut with a minimum of 2 feet (610 mm) and a maximum of
10 feet (3048 mm). The setback may need to be increased for any required interceptor drains.
(c) Toe Fill Slope. The toe of fill slope shall be made not nearer to the site boundary line
than one half the height of the slope with a minimum of 2 feet (610 mm) and a maximum of 20
feet (6096 mm). Where a fill slope is to be located near the site boundary and the adjacent off-
site property is developed, special precautions shall be incorporated in the work as the building
official deems necessary to protect the adjoining property from damage as a result of such
grading. These precautions may include but are not limited to:
1. Additional setbacks
2. Provisions for retaining or slough walls.
3. Mechanical or chemical treatment of the fill slope surface to minimize erosion.
4. Provisions for the control of surface waters.
(d) Modification of Slope Location. The building official may approve alternate setbacks.
The building official may require an investigation and recommendation by a qualified engineer
or engineering geologist to demonstrate that the intent of this section has been satisfied.
16-17.120 Drainage and Terracing
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(a) General. Unless otherwise indicated on the approved grading plan, drainage facilities and
terracing shall conform to the provisions of this section for cut or fill slopes steeper than 1 units
vertical in 3 units horizontal (33.3% slope).
(b) Terrace. Terraces of at least 6 feet (1829 mm) in width shall be established at not more
than 30-foot (9114 mm) vertical intervals on all cut or fill slopes to control surface drainage and
debris except that where only one terrace is required, it shall be at midheight. For cut or fill
slopes greater than 60 feet (18 288 mm) and up to 120 feet (36 576 mm) in vertical height, one
terrace at approximately midheight shall be 12 feet (3658 mm) in width. Terrace widths and
spacing for cut and fills lopes greater than 120 feet (36 576 mm) in height shall be designed by
the civil engineer and approved by the building official. Suitable access shall be provided to
permit proper cleaning and maintenance.
Swales or ditches on terraces shall have a minimum gradient of 5 percent and must be paved
with reinforced concrete not less than 3 inches (76 mm) in thickness or an approved equal
paving. They shall have a minimum depth at the deepest point of 1 foot (305 mm) and a
minimum paved width of 5 feet (1524 mm).
A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500
square feet (1254.2 m2) (projected) without discharging into a down drain.
(c) Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as
necessary for stability.
(d) Disposal. All drainage facilities shall be designed to carry waters to the nearest
practicable drainage way approved by the building official or other appropriate jurisdiction as a
safe place to deposit such waters. Erosion of ground in the area of discharge shall be prevented
by installation of nonerosive downdrains or other devices.
Building pads shall have a drainage gradient of 2 percent toward approved drainage facilities,
unless waived by the building official.
Exception: The gradient from the building pad may be 1 percent if all of the following
conditions exist throughout the permit area:
1. No proposed fills are greater than 10 feet (3048 mm) in maximum depth.
2. No proposed finish cut or fill slope faces have a vertical height in excess of 10 feet
(3048 mm).
3. No existing slope faces steeper than 1 unit vertical in 10 units horizontal (10% slope)
have a vertical height in excess of 10 feet (3048 mm).
(e) Interceptor Drains. Paved interceptor drains shall be installed along the top of all cut
slopes where the tributary drainage area above slopes toward the cut and has a drainage path
greater than 40 feet (12 192 mm) measured horizontally. Interceptor drains shall be paved with a
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minimum of 3 inches (76 mm) of concrete or gunite and reinforced. They shall have a minimum
depth of 12 inches (305 mm) and a minimum paved width of 30 inches (762 mm) measured
horizontally across the drain. The slope of the drain shall be approved by the building official.
(f) Each lot and building site shall be graded to drain all storm and other surface waters to
the nearest storm drain or other drainage outlet approved by the building official. All runoff from
roofs, decking, paving and other surface water collectors, whether natural or artificial, may be
required by the building official to be centrally collected and drained through enclosed pipe or
other conduit to onsite or off-site drainage outlets or storm drains. Disposition of on-site storm
water shall be consistent with the requirements of the Santa Clara Valley Urban Runoff Pollution
Prevention Program (NPDES) as defined in Article 15-06 of the Zoning Code.
(g) The plans and specifications required by Article 16-17.070(d) of the Building Code shall
include a drainage plan depicting thereon both existing and proposed grades, and all proposed
drainage facilities, unless such requirement is waived by the building official. All grading and
drainage facilities shall be completed and installed prior to final inspection, and the building
official may require certification from the owner, the contractor or qualified engineer, that all
finished grades are in compliance with the approved plans. Neither approval of such drainage
plans nor approval of the completed facilities on final inspection shall constitute any
representation as to the adequacy of soil or slope stability, nor adequacy of surface or sub-surface
drainage controls, nor that any soil or water-related damage will occur to the site or to any
adjoining property. Maintenance of all on-site drainage facilities, whether or not ultimately
connected to a public storm drain, shall be the sole responsibility of the property owner and not
the City.
16-17.130 Erosion Control
(a) Slopes. The faces of cut and fill slopes shall be prepared and maintained to control
against erosion. All cut and fill surfaces subject to erosion shall be planted with ground cover
which is compatible with the natural ground covers in the City and which will thrive with little
maintenance. Earth slopes shall be contour graded to encourage landscaping. Cut and fill along
public roads may be required to be landscaped to blend into the natural surroundings. Plants used
shall be at heights which will not obstruct vehicular sight distances on city streets, as determined
by the building official. All plant materials shall be satisfactory to the building official. The
protection of the slopes shall be installed as soon as practicable and prior to calling for final
grading approval. When cut slopes are determined by the building official not to be subject to
erosion due to the erosion resistant character of the materials, planting precautions may be
omitted.
(b) Other Devices. Where necessary, check dams, cribbing, riprap or other methods shall be
employed to control erosion and provide safety.
16-17.140 Grading Inspection
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(a) General. Grading operations for which a permit is required shall be subject to inspection
by the building official. Professional inspection of grading operations shall be provided by the
civil engineer, soils engineer and the engineering geologist retained to provide such services in
accordance with Section 16-17.150(e) for engineered grading and as required by the building
official for regular grading.
(b) Civil Engineer. The civil engineer shall provide professional inspection within such
engineers area of technical specialty, which shall consist of observation and review as to the
establishment of line, grade and surface drainage of the development area. If revised plans are
required during the course of the work they shall be prepared by the civil engineer.
(c) Soils Engineer. The soils engineer shall provide professional inspection within such
engineer’s are of technical specialty, which shall include observation during grading and testing
for required compaction. The soils engineer shall provide sufficient observation during the
preparation of the natural ground and placement and compaction of the fill to verify that such
work is being performed in accordance with the conditions of the approved plan and appropriate
requirements of this chapter. Revised recommendations relating to conditions differing from the
approved soils engineering and engineering geology reports shall be submitted to the permittee,
the building official and civil engineer.
(d) Engineering Geologist. The engineering geologist shall provide professional inspection
within such engineer’s area of technical specialty, which shall include professional inspection of
the bedrock excavation to determine if conditions encountered are in conformance with the
approved report. Revised recommendations relating to conditions differing from the approved
engineering geology report shall be submitted to the soils engineer.
(e) Permittee. The permittee shall be responsible for the work to be performed in accordance
with the approved plans and specifications and in conformance with the provisions of this code,
and the permittee shall engage consultants, if required, to provide professional inspections on a
timely basis. The permitee shall act as a coordinator between the consultants, the contractor and
the building official. In the event of changed conditions, the permittee shall be responsible for
informing the building official of such change and shall provide revised plans for approval.
(f) Building Official. The building official shall inspect the project at the various stages of
work requiring approval to determine that adequate control is being exercised by the professional
consultants.
(g) Notification of Noncompliance. If, in the course of fulfilling their respective duties under
this chapter, the civil engineer, the soils engineer or the engineering geologist finds that the work
is not being done in conformance with this chapter or the approved grading plans, the
discrepancies shall be reported immediately in writing to the permittee and the building official.
(h) Transfer of Responsibility. If the civil engineer, the soils engineer or the engineering
geologist of record is changes during grading, the work shall be stopped until the replacement
has agreed in writing to accept their responsibility within the area of technical competence for
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approval upon completion of the work. It shall be the duty of the permittee to notify the building
official in writing of such change prior to the recommencement of such grading.
16-17.150 Completion of Work
(a) Final Reports. Upon completion of the rough grading work and at the final completion of
the work, the following reports and drawings and supplements thereto are required for
engineered grading or when professional inspection is performed for regular grading, as
applicable.
1. An as-built grading plan prepared by the civil engineer retained to provide such
services in accordance with Section 16-17.150(e) showing original ground surface elevations, as-
graded ground surface elevations, lot drainage patterns, and the locations and elevations of
surface drainage facilities and of the outlets of subsurface drains. As-constructed locations,
elevations and details of subsurface drains shall be shown as reported by the soils engineer.
Civil engineers shall state that to the best of their knowledge the work within their area of
responsibility was done in accordance with the final approved grading plan.
2. A report prepared by the soils engineer retained to provide such services in
accordance with Section 16-17.150(c), including locations and elevations of field density tests,
summaries of field and laboratory tests, other substantiating data, and comments on any changes
made during grading and their effect on the recommendations made in the approved soils
engineering investigation report. Soils engineers shall submit a statement that, to the best of
their knowledge, the work within there are of responsibility is in accordance with the approved
soils engineering report and applicable provisions of this chapter.
3. A report prepared by the engineering geologist retained to provide such services
in accordance with Section 16-17.150(e), including a final description of the geology of the site
and any new information disclosed during the grading and the effect of same on
recommendations incorporated the approved grading plan. Engineering geologist shall submit a
statement that, to the best of their knowledge, the work within there area of responsibility is in
accordance with the approved engineering geologist report and applicable provisions of this
chapter.
4. The grading contractor shall submit in a form prescribed by the building official a
statement of conformance to said as-built plan and the specifications.
(b) Notification of Completion. The permittee shall notify the building official when the
grading operation is ready for final inspection. Final approval shall not be given until all work,
including installation of all drainage facilities and their protective devices, and all erosion-
control measures have been completed in accordance with the final approved grading plan, and
the required reports have been submitted.
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16-17.160 Driveways.
Unless otherwise recommended in the approved soil engineering or geology report, driveways
shall conform to the provisions of this Section.
(a) Gradient. Maximum driveway gradient shall not exceed eighteen percent for more than
fifty feet.
(b) Construction standards:
1. Driveways to structures with less than a thirty-five foot setback have no
conditions placed on their construction.
2. Driveways to structures with more than a thirty-five foot setback shall comply
with the following conditions:
a. The driveway must be at least fourteen feet wide with a one foot shoulder
on each side.
b. The driveway must have a minimum curve radius of forty-two feet.
c. If the finished surface slope is twelve and one-half percent or less, the
driveway must have at least a six inch aggregate base and a double-coat oil and screening
surface.
d. If the finished surface slope is twelve and one-half to fifteen percent slope,
the driveway must have at least a six inch aggregate base and a two inch asphalt concrete
surface.
e. If the finished surface slope is fifteen to eighteen percent, the driveway
must have at least a six inch aggregate base and four inch rough-surface concrete surface.
f. A turnaround at the end of a driveway must have at least a thirty-two foot
radius or an equivalent approved by the fire department.
g. The driveway must have a centerline perpendicular to the street right-of-
way at the point of their intersection or present a minimum forty-two foot effective inside
radius to vehicles departing or entering the public street from both sides.
3. All bridges and driveway structures shall be designed to sustain a minimum of
thirty-five thousand pounds dynamic loading.
16-17.170 Stockpiling.
(a) If the grading consists only of the depositing and storing of fill material on a site, the
building official may issue a temporary grading permit, to be designated a stockpiling permit,
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permitting the stockpiling of such fill materials without complete compaction, for a limited
period of time. The building official shall determine the location, amount and length of time
stockpiled material may remain on a site.
(b) The building official shall require a cash bond from the applicant, as a condition
precedent to the issuance of a stockpiling permit, guaranteeing the removal or the ultimate proper
compaction of the fill material. No plan checking fee shall be required for a stockpiling permit,
except at such time as, at the expiration of such stockpiling, the permittee submits plans to obtain
a grading permit to complete the installation and compaction of such fill material.
16-17.180 General Provisions.
(a) Restricted hours. Unless specifically exempted, grading will be restricted to the hours
between 7:30 a.m. and 6:00 p.m., Monday through Friday, except in the event of an emergency
which imperils the public safety. The building official may grant an exemption upon his
determination of an emergency.
(b) Dust and dirt control. Graded surfaces shall be wetted or suitably contained to prevent
public nuisance from dust or spillage on City streets or adjacent properties. Equipment, materials
and roadways on the site shall be used in a manner or treated to prevent excessive dust
conditions.
(c) Effect of prior site development plan approval. Where a site development plan has
already been approved by the advisory agency under Section 14-25.100 of the Subdivision
Ordinance, and such site development plan has been made a part of the improvement plans, the
improvement agreements and the bonding requirements of the Subdivision Ordinance, and final
map has been approved and recorded, the requirements of this Code relating to plans and
specifications, geologic engineering reports, soil engineering reports and bonds shall be deemed
to have been complied with as to any excavation or grading work done in accord with such
previously approved site development plan. In the event of any change in the site development
plan as to any lot, site or parcel from the approved site development plan, the provisions of this
Code shall thereafter be applicable, and a separate grading plan, grading permit, permit fee and
bond shall be required therefore.
(d) Special precautions. If the building official determines by inspection that the nature of the
formation is such that further work as authorized by the existing permit is likely to endanger any
property or public way, the building official may, as a condition of work, require reasonable
safety precautions to avoid the likelihood of danger. Such measures as flatter exposed slopes,
additional drainage facilities, berm, terracing, compaction, cribbing or installation of plant
materials for erosion control may be required. If storm damage is anticipated, work may be
stopped until temporary planting, structures or other temporary measures have been taken to
control erosion and protect adjoining property.
(e) Damaging graded lands. No person shall directly or indirectly damage or destroy any
ground cover, planting, berm, drainage terraces, ditches, swales, riprap or other drainage
structures and erosion controls which are planted or constructed pursuant to this Code, or in
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accord with any of the regulations or requirements of the building official or the Planning
Commission, or pursuant to any site development plan filed in accord with the Subdivision
Ordinance of the City.
(f) Compliance with other ordinances. The building official shall not issue a grading permit
for any grading at a building lot or site unless all proposed uses shown on the grading plans for
the lot or site will comply with all applicable provisions of both the Zoning Ordinance and
Subdivision Ordinance of the City, and with all other provisions of this Code, or unless such
grading and the proposed uses are consistent with the General Plan. Any grading permit issued in
violation of this Section shall be void and of no force and effect.
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16-18.010 Adoption of 2010 California Residential Building Code.
Article 16-18 RESIDENTIAL BUILDING CODE
(a) The 2010 California Residential Building Code (California Building Standards
Commission as published by the International Code Council), referred to throughout this Chapter
as the “Residential Building Code,” is hereby referred to and, except as to additions, deletions
and amendments hereinafter noted, such code is hereby adopted and made a part hereof, the
same as if fully set forth in this Article, and shall be the Residential Building Code of the City.
However, in accordance with California Government Code Section 50222.4, no penalty clauses
are adopted by reference. In accordance with California Health and Safety Code Section
17958.7, express findings that modifications to the California Building Standards Code are
reasonably necessary because of local climatic, geological or topographical conditions are either
already on file with the California Building Standards Commission, or will be filed prior to the
effective date of the ordinance codified in this Article.
(b) In accordance with California Government Code Section 50022.6, at least one true copy
of the Residential Building Code has been on file with the City Clerk since fifteen (15) days
prior to enactment of the ordinance codified in this Article. While the ordinance codified in this
Article is in force, a true copy of the Residential Building Code shall be kept for public
inspection in the office of the Residential Building Official. A reasonable supply of the
Residential Building Code shall be available in the office of the City Clerk for public purchase.
(c) The additions, deletions and amendments set forth in this Article are made to the
Residential Building Code, as adopted by reference in Section 16-45.010(a).
16-18.020 Enforcement of Title 24 of the California Code of Regulations
(a) Title 24 of the California Code of Regulations, also known as the California Building
Standards Code, is in effect in the City of Saratoga as amended by this Article. The provisions
of Title 24 that are not adopted by reference or amended by this Article are enforced by the City
of Saratoga as laws of the State.
16-18.025 Automatic Sprinklers.
(a) Section R313.1 is amended to read:
R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler
system shall be installed in all new townhouses and in existing townhouses when additions are
made that increase the building area to more than 3,600 square feet.
Exception: A one-time addition to an existing building that does not total more than
1000 square feet of building area.
(b) Section R313.2 is amended to read:
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R313.2 One- and two-family dwellings automatic fire sprinkler systems. An automatic
residential fire sprinkler system shall be installed in one- and two-family dwellings as follows:
1. In all new one- and two-family dwellings and in existing one- and two-family dwellings
when additions are made that increase the building area to more than 3,600 square feet.
Exception: A one-time addition to an existing building that does not total more than
1000 square feet of building area.
2. In all new basements and in existing basements that are expanded.
Exception: Existing basements that are expanded by not more than 50%.
16-18.030 Material and Construction Methods for Exterior Wildfire Exposure.
(a) Section R327.7.9 is amended as follows: Delete “When required by the enforcing
agency”
(b) Section R327.10.3.2 is deleted in its entirety.
(c) Section R327.10.4 is amended as follows: Delete “When required by the enforcing
agency”
16-18.035 Seismic Reinforcing.
(a) Section R403.1.3 is amended to read:
R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories D0, D1
and D2, as established in Table R301.2(1), shall have minimum reinforcement of at least two
continuous longitudinal reinforcing bars not smaller than No. 4 bars. Bottom reinforcement shall
be located a minimum of 3 inches (76 mm) clear from the bottom of the footing.
In Seismic Design Categories D0, D1 and D2 where a construction joint is created between a
concrete footing and a stem wall, a minimum of one No. 4 bar shall be installed at not more than
4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the bottom
of the footing, have a standard hook and extend a minimum of 14 inches (357 mm) into the stem
wall.
In Seismic Design Categories D0, D1 and D2 where a grouted masonry stem wall is supported
on a concrete footing and stem wall, a minimum of one No. 4 bar shall be installed at not more
than 4 feet (1219 mm) on center. The vertical bar shall extend to 3 inches (76 mm) clear of the
bottom of the footing and have a standard hook.
In Seismic Design Categories D0, D1 and D2 masonry stem walls without solid grout and
vertical reinforcing are not permitted.
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Exception: In detached one- and two-family dwellings which are three stories or less in
height and constructed with stud bearing walls, isolated plain concrete footings supporting
columns or pedestals are permitted.
16-18.040 Limits on methods GB and PCP.
(a) Subsection R602.10.2.1.1 is added to read:
R602.10.2.1.1 Limits on methods GB and PCP. In Seismic Design Categories D0, D1, and
D2, Method GB is not permitted for use as intermittent braced wall panels, but gypsum board is
permitted to be installed when required by this Section to be placed on the opposite side of the
studs from other types of braced wall panel sheathing. In Seismic Design Categories D0, D1,
and D2, the use of Method PCP is limited to one-story single family dwellings and accessory
structures.
16-18.045 Roof Classification.
(a) Section R902.1.4.1 is added to read:
R902.1.4.1 Roofing coverings within the Wildland-Urban Interface Fire Area. The entire
roof covering of every existing structure where more than 10 percent of the total roof area is
replaced within any one-year period, the entire roof covering of every new structure, and any
roof covering applied in the alteration, repair or replacement of the roof of every existing
structure, shall be a fire-retardant roof covering that is at least Class A.
(b) Section R902.1.3 is amended to read:
R902.1.3 Roof coverings in all other areas. The entire roof covering of every existing structure
where more than 10 percent of the total roof area is replaced within any one-year period, the
entire roof covering of every new structure, and any roof covering applied in the alteration,
repair or replacement of the roof of every existing structure, shall be a fire-retardant roof
covering that is at least Class A.
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Article 16-20 FIRE CODE
16-20.010 - Adoption of the California Fire Code and International Fire Code.
(a) The 2010 California Fire Code and the 2009 International Fire Code, including Appendix
Chapters B, C and J are referred to and, except as to additions, deletions and amendments
hereinafter noted, are adopted and made a part hereof, the same as if fully set forth in this
Article. The California Fire Code and the International Fire Code as adopted herein are
hereinafter referred to collectively as the "Fire Code." However, in accordance with California
Government Code Section 50222.4, no penalty clauses are adopted by reference. In accordance
with California Health and Safety Code Section 17958.7, express findings that modifications to
the Fire Code are reasonably necessary because of local climatic, geological or topographical
conditions are either already on file with the California Building Standards Commission, or will
be filed prior to the effective date of the ordinance codified in this Article.
(b) In accordance with California Government Code Section 50022.6, at least one true copy
of the Fire Code has been on file with the City Clerk since fifteen days prior to enactment of the
ordinance codified in this Article. While the ordinance codified in this Article is in force, a true
copy of the Fire Code shall be kept for public inspection in the office of the City Building
Official and the Chief. A reasonable supply of the Fire Code shall be available in the office of
the City Clerk for public purchase.
(c) The additions, deletions and amendments set forth in this Article are made to the
Building Code, as adopted by reference in Section 16-15.010(a).
16-20.015 Enforcement of Title 24 of the California Code of Regulations
(a) Title 24 of the California Code of Regulations, also known as the California Building
Standards Code, is in effect in the City of Saratoga as amended by this Article. The provisions
of Title 24 that are not adopted by reference or amended by this Article are enforced by the City
of Saratoga as laws of the State.
16-20.020 Fire Department and Chief.
(a) Fire protection is provided in the City of Saratoga by the Santa Clara County Fire
Department and the Saratoga Fire District. As used in the Fire Code, "Fire Department" refers to
the Fire Department that provides fire protection to the relevant location, and "Chief" or "Fire
Code Official" refers to the Chief of that Fire Department.
16-20.025 Amendments to Chapter 34 of the Fire Code; Class I and Class II liquids.
Flammable and Combustible Liquids.
(a) Establishment of limits of districts in which storage of flammable or combustible liquids
in outside aboveground tanks is prohibited.
The limits referred to in Section 3404.2.9.6.1 of said Fire Code, in which the storage of
flammable or combustible liquids in aboveground tanks is prohibited, are established as all
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locations within the City of Saratoga that are residential or congested commercial areas as
determined by the Fire Code Official.
(b) Establishment of limits of districts in which storage of flammable or combustible liquids
in aboveground tanks is prohibited.
The limits referred to in Section 3406.2.4.4 of said Fire Code, in which the storage of flammable
or combustible liquids in aboveground tanks is prohibited, are established as all locations of the
City of Saratoga that are residential or other locations as determined by the Fire Code Official.
16-20.030 - Amendments to Chapter 38 of the Fire Code; Liquefied Petroleum Gases.
(a) Establishment of limits in which storage of liquefied petroleum gases is prohibited.
The limits referred to in Section 3804.2 of said Fire Code, in which storage of liquefied
petroleum gas (LPG) is restricted, are established as all locations within the City of Saratoga that
are residential or congested commercial areas.
Exceptions: LPG may be used for industrial operations or when natural gas would not
provide a viable substitute for LPG. Portable containers for temporary heating and/or cooking
uses may be permitted if stored and handled in accordance with this Code. Facilities in
commercial areas for refueling portable or mobile LPG containers may be approved by the Fire
Code Official on a case by case basis.
16-20.040 - Amendments to Chapter 35 of the Fire Code; Cryogenic Fluids.
(a) Establishment of limits of districts in which the storage of stationary tanks of flammable
cryogenic fluids are to be prohibited.
The limits referred to in Section 3506.2 of said Fire Code, in which the storage of flammable
cryogenic fluids in stationary containers is prohibited, are established as all locations of the City
of Saratoga which are residential and congested commercial areas as determined by the Fire
Code Official.
16-20.050 - Amendments to Chapter 1, Division II of the Fire Code; Administration.
(a) Section 105.1.4 is added to read:
105.1.4 Construction permit fees. Construction permit fees and plan review fees for fire
hydrant systems, fire extinguishing systems and fire alarm systems shall be paid to the Santa
Clara County Fire Department in accordance with the following table based on valuation. The
valuation shall be limited to the value of the system for which the permit is being issued. Plan
review fees are 65% of the Permit Fee amount. For the purposes of determining the total fee
amount for each permit, the plan review fee shall be added to the Permit Fee.
Total Valuations Permit Fee
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$1.00 TO $500.00 $23.50
$501.00 TO
$2,000.00
$23.50 for the first $500.00 plus $3.05
for each additional $100.00, or fraction
thereof, to and including $2,000.00
$2,001.00 TO
$25,000.00
$69.25 for the first $2,000.00 plus
$14.00 for each additional $1,000.00, or
fraction thereof, to and including
$25,000.00
$25,001.00 TO
$50,000.00
$391.25 for the first $25,000.00 plus
$10.01 for each additional $1,000.00, or
fraction thereof, to and including
$50,000.00
$50,001.00 TO
$100,000.00
$643.75 for the first $50,000.00 plus
$7.00 for each additional $1,000.00, or
fraction thereof, to and including
$100,000.00
$100,001.00 TO
$500,000.00
$993.75 for the first $100,000.00 plus
$5.60 for each additional $1,000.00, or
fraction thereof, to and including
$500,000.00
$500,001.00 TO
$1,000,000.00
$3,233.75 for the first $500,000.00 plus
$4.75 for each additional $1,000.00, or
fraction thereof, to and including
$1,000,000.00
$1,000,001.00 AND
UP
$5,608.75 for the first $1,000,000.00
plus $3.15 for each additional
$1,000.00, or fraction thereof
Additional re-inspections, in connection with the permits above,
are to be paid at $30.00 for each occurrence at the discretion of
the fire code official.
(b) Section 105.1.5 is added to read:
105.1.5 Operational permit fees. Operational permit fees shall be paid to the Santa Clara County
Fire Department as follows:
Facility Type Permit Fee
1. Institutional
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A. Over 50 persons $100.00 – Annually
B. More than 6 persons $75.00 – Annually
2. Day Care Facilities
More than 6 clients $35.00 – Annually
3. Places of Assembly
A. 50-300 persons $50.00 – Annually
B. Over 300 persons $85.00 – Annually
4. Temporary Membrane
Structures, Tents and
Canopies (Only those
requiring permits in
accordance with Section
105.6.43).
$85.00 – Each occurrence
(c) Section 105.6.8 is amended to read:
105.6.8 Compressed Gases. An operational permit is required for the storage, use or handling
at normal temperature and pressure (NPT) of compressed gases in excess of the amounts listed in
Table 105.6.8, to install any piped distribution system for compressed gases, or to install a non-
flammable medical gas manifold system. A permit is required to install, repair, abandon,
remove, place temporarily out of service, close or substantially modify a compressed gas system.
Exceptions:
1. Vehicles equipped for and using compressed gas as a fuel for propelling the
vehicle.
2. Routine maintenance.
3. For emergency repair work performed on an emergency basis, application for
permit shall be made within two working days of commencement of work.
4. Inert and simple asphyxiants at or below the amounts listed in Table 105-A.
The permit applicant shall apply for approval to close storage, use or handling facilities at least
30 days prior to the termination of the storage, use or handling of compressed or liquefied gases.
Such application shall include any change or alteration of the facility closure plan. This 30-day
period may be waived by the chief if there are special circumstances requiring such waiver.
(d) Section 105.6.10 is amended to read:
105.6.10 Cryogenic fluids. An operational permit is required to produce, store transport on site,
use, handle or dispense cryogenic fluids in excess of the amounts listed in Table 105.6.10 or to
install a cryogenic vessel or piping system for the storage or distribution of cryogens.
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Exception: Permits are not required for vehicles equipped for and using cryogenic fluids
as a fuel for propelling the vehicle or for refrigerating the lading.
(e) Section 105.6.48 is added to read:
105.6.48 Day Care Facility. An operational permit is required to operate a business as a day
care facility for more than 6 people.
(f) Section 105.6.49 is added to read:
105.6.49 Institutional. A permit is required to operate, maintain, or use any institutional type
occupancy. For the purpose of this Section, an institution shall be, but is not limited to:
hospitals, children’s home, home or institution for insane or mentally retarded persons, home or
institution for the care of aged or senile persons, sanitarium, nursing or convalescent home,
certified family care homes, residential care homes for the elderly, out of home placement
facilities, halfway house, and day care nurseries or similar facility of any capacity.
(g) Section 106.5 is added to read:
106.5 Final Inspection. No final inspection as to all or any portion of a development shall be
deemed completed until the installation of the required fire protection facilities and access ways
have been completed and approved. No final certificate of occupancy may be granted until the
Fire Department issues notice of final clearance of such fire protection facilities and access ways
to the Building Department.
(h) Section 109.3 is amended to read:
109.3 Violation Penalties. Persons who shall violate a provision of this code or shall fail to
comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in
violation of the approved construction documents or directive of the fire code official, or of a
permit or certificate used under provisions of this code, shall be guilty of a misdemeanor,
punishable by a fine of not more than $1,000 dollars or by imprisonment not exceeding 365 days,
or both such fine and imprisonment. Each day that a violation continues after due notice has been
served shall be deemed a separate offense.
109.3.1 Abatement of Violation. In addition to the imposition of the penalties herein
described, the fire code official is authorized to institute appropriate action to prevent unlawful
construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a
structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on
or about any premises.
109.3.2 Abatement of Hazard. (a) The maintenance of real property in violation of this
code, or of any order of the Fire Department pursuant hereto, is declared to be a public nuisance
and is subject to abatement in accordance with Article 3-15 of the Saratoga Municipal Code.
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(b) Notwithstanding paragraph (a) of this Section, if real property is maintained in
violation of this code or any order of the Fire Department pursuant hereto and such violation
constitutes, in the opinion of the Fire Chief, a fire hazard of such a nature that immediate action
is required to protect the public health, safety and welfare, the Fire Department may apply the
emergency nuisance abatement procedure set forth in Article 3-20 of the Saratoga Municipal
Code and take all necessary and immediate steps to abate the hazard without prior notice to the
owner or occupant of the property. In such an event, the Fire Chief shall perform the duties of the
City Manager as described in said Article 3-20.
(c) The cost of any abatement may be collected through the levy of a special
assessment in accordance with the applicable provisions of Article 3-15 or Article 3-20 of the
Saratoga Municipal Code. Such procedure is not intended to be exclusive and the City or the Fire
Department may simultaneously or successively, exercise any other rights and remedies provided
by law.
16-20.060 Amendments to Chapter 3 of the Fire Code: General Precautions against Fire.
(a) The following sections are deleted in their entirety: Section 311.5 Placards; Section
311.5.1 Placard Location; Section 311.5.2 Placard Size And Color; Section 311.5.3 Placard Date;
Section 311.5.4 Placard Symbols; and Section 311.5.5 Informational Use.
(b) Section 316.6 is added to read:
316.6 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.
Exception: Where the roof opening is greater than 600 square feet in area.
16-20.070 Amendments to Chapter 4 of the Fire Code: Emergency Planning and
Preparedness.
(a) Section 404.2 is amended to read:
404.2 Where Required. An approved fire safety and evacuation plan shall be prepared and
maintained for the following occupancies and buildings.
1. Group A buildings having an occupant load of 100 or more persons.
2. Group B buildings having an occupant load of 500 or more.
3. Group E: See §3.13 Title 19, CCR for regulations.
4. Group H.
5. Group I. See §3.09 Title 19, CCR for regulations.
6. Group R-1. See §3.09 Title 19, CCR for regulations.
7. Group R-2 college and university buildings.
8. Group R-4.
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9. Group M buildings having an occupant load of 500 or more persons.
10. Covered malls exceeding 50,000 square feet (4645 m2) in aggregate floor area.
11. Underground buildings.
(b) Section 404.3.1 is amended to read:
404.3.1 Fire Evacuation Plans. Fire evacuation plans shall include the following:
1. Emergency egress or escape routes and whether evacuation of the building is to be
complete or, where approved, by selected floors or areas only.
2. Description of what the fire alarm, if required, sounds and looks like (audible and visual
warning devices).
3. Procedures for employees who must remain to operate critical equipment before
evacuating.
4. Procedures for accounting for employees and occupants after evacuation has been
completed.
5. Identification and assignment of personnel responsible for rescue or emergency medical
aid.
6. The preferred and any alternative means of notifying occupants of a fire or emergency.
7. The preferred and any alternative means of reporting fires and other emergencies to the
fire department or designated emergency response organization.
8. Identification and assignment of personnel who can be contacted for further information
or explanation of duties under the plan.
9. A description of the emergency voice/alarm communication system alert tone and
preprogrammed voice messages, where provided.
(c) Table 405.2 is amended to read:
TABLE 405.2
FIRE AND EVACUATION DRILL
FREQUENCY AND PARTICIPATION
GROUP OR
OCCUPANCY FREQUENCY PARTICIPATION
Group A Quarterly Employees
Group B Annually 1 Employees
Group E See §3.13 Title 19, CCR
Group I See §3.13 Title 19, CCR
Group R-1 See §3.13 Title 19, CCR
Group R-2 Four annually 2 All occupants
Group R-4 Quarterly on each shift Employees
b
(d) SECTION 408 USE AND OCCUPANCY- RELATED REQUIREMENTS
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(1) The following subsections are deleted in their entirety: Section 408.2.2; Section
408.3; Section 408.3.2; Section 408.3.3; Section 408.3.4; Section 408.5.1; Section 408.5.2;
Section 408.5.3; Section 408.5.4; Section 408.5.5; Section 408.6; Section 408.6.1; Section
408.6.2; Section 408.7; Section 408.7.1; Section 408.7.2; Section 408.7.3; Section 408.7.4;
Section 408.8; Section 408.8.1; Section 408.8.2; and Section 408.8.3.
(2) Section 408.9 is amended to read:
408.9 Group R-2 Occupancies. Group R-2 occupancies shall comply with the requirements of
Sections 408.9.1 through 408.9.3 and Sections 401 through 406. Group R-2 college and
university buildings shall comply with the requirements of Sections 408.9.1 through 408.9.6 and
Sections 401 through 406.
(3) Section 408.9.4 is amended to read:
408.9.4 First Emergency Evacuation Drill. The first emergency evacuation drill of each school
year shall be conducted within 10 days of the beginning of classes.
(4) Section 408.9.5 is amended to read:
408.9.5 Time of Day. Emergency evacuation drills shall be conducted at different hours of the
day or evening, during the changing of classes, when the school is at assembly, during the recess
or gymnastic periods, or during other times to avoid distinction between drills and actual fires.
In Group R2 college and university buildings, one required drill shall be held during hours after
sunset or before sunrise.
(5) The following subsections are deleted in their entirety: Section 408.10; Section
408.10.1; Section 408.10.2; Section 408.10.3; Section 408.10.4; and Section 408.10.5.
(e) Section 408.11.1.2 is amended to read:
408.11.1.2 Revisions. The lease plans shall be revised annually or as often as necessary to keep
them current.
16-20.080 Amendments to Chapter 5 of the Fire Code: Fire Service Features.
(a) Section 503.1. is amended to read:
503.1 Where required. Fire apparatus access roads shall be provided and maintained in
accordance with Sections 503.1.1 through 503.1.2 and as per Fire Department access road
Standards.
(b) Section 503.1.1 is amended to read:
503.1.1 Building and Facilities. Approved fire apparatus access roads shall be provided for
every facility, building or portion of a building hereafter constructed or moved into or within the
jurisdiction. The fire apparatus access road shall comply with the requirements of this section
and shall extend within 150 feet (45,720 mm) of all portions of the exterior walls of the first
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story of the building as measured by an approved route around the exterior of the building or
facility.
Exceptions:
1. When the building is equipped throughout with an approved automatic sprinkler installed in
accordance with Section 903.3.1.1, 903.3.1.2 or 903.3.1.3, the dimension may be increased to
300 feet.
2. When fire apparatus roads cannot be installed because of topography, waterways,
nonnegotiable grades or other similar conditions, an approved alternative means of fire
protection shall be provided.
(c) Section 503.2.1 is amended to read:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less
than 20 feet (6096 mm), except for approved security gates in accordance with Section 503.6,
and an unobstructed vertical clearance of 13 feet 6 inches (4115 mm).
Exception: When there are not more than two Group R, Division 3, or Group U
occupancies, the access road width may be modified by the fire code official.
(d) Section 504.4 is added to read:
504.4 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 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
means for deactivation or unlocking from a single location or otherwise approved by the fire
department.
Access control devices shall also comply with Chapter 10 Egress.
(e) Section 510.1 is amended to read:
510.1 Emergency responder radio coverage in buildings. All buildings shall have approved
radio coverage for emergency responders within the building based upon the existing coverage
levels of the public safety communications system of the jurisdiction at the exterior of the
building. This section shall not require improvement of the existing public safety
communications system. Emergency responder radio coverage systems shall be installed in
accordance with Section 510 and Appendix J.
(f) Section 510.1.1 is added to read:
510.1.1 Obstruction by new buildings. When in the opinion of the fire code official, a new
structure obstructs the line of sight emergency radio communications to existing buildings or to
any other locations, the developer of the structure shall provide and install the radio
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retransmission equipment necessary to restore communications capabilities. The equipment shall
be located in an approved space or area within the new structure.
16-20.090 Amendments to Chapter 6 of the Fire Code: Building Services and Systems.
(a) Section 605.11 is added to read:
605.11 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.
(b) Section 608.6.4 is added to read:
608.6.4 Failure of Ventilation System. Failure of the ventilation system shall automatically
disengage the charging system.
16-20.100 Amendments to Chapter 8 of the Fire Code: Interior Finish, Decorative
Materials and Furnishings.
(a) Section 806.1.1 is amended to read:
806.1.1 Display inside buildings. The display of Christmas trees and other decorative vegetation
in new and existing buildings shall be in accordance with the California Code of Regulations,
Title 19, Division 1, §3.08 and Sections 806.1 through 806.5.
Exceptions: Deleted
16-20.110 Amendments to Chapter 9 of the Fire Code: Fire Protection Systems
(a) Section 903.2 is amended to read:
903.2 Where required. Approved automatic sprinkler systems in new and existing buildings and
structures shall be provided in the locations described in this Section or in Sections 903.2.1
through 903.2.18 whichever is the more restrictive.
For the purposes of this section, firewalls used to separate building areas shall be
constructed in accordance with the California Building Code and shall be without openings or
penetrations.
1. An automatic sprinkler system shall be provided throughout all new buildings and
structures.
Exceptions:
a. Group A, B, E, F, I, L, M, S and U occupancy buildings (except for U occupancy
garages as regulated in Section 903.2.19) and structures that do not exceed 1,000 square feet of
building area and that are not located in the Wildland-Urban Interface Fire Area.
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b. Group A, B, E, F, I, L, M, S and U occupancy buildings (except for U occupancy
garages as regulated in Section 903.2.19) and structures that are located in the Wildland-Urban
Interface Fire Area and do not exceed 500 square feet of building area.
2. An automatic sprinkler system shall be provided throughout existing buildings and
structures, when additions are made that increase the building area to more than 3,600 square
feet.
Exception: A one-time addition to an existing building that does not total more than
1000 square feet of building area.
3. An automatic sprinkler system shall be provided throughout all new basements regardless
of size and throughout existing basements that are expanded by more than 50%.
(b) Subsection 903.2.19 is added to the Fire Code to read as follows:
903.2.19 Group U. Garage Sprinklers. In each of the following cases, a garage for the parking of
motor vehicles shall be equipped with an automatic sprinkler system:
1. Any newly constructed attached or detached garage.
2. Any existing garage that constitutes a portion of an existing dwelling which is altered, added
to, or expanded so as to increase the floor space under roof by fifty percent or more of the
amount of floor space under roof immediately prior to such alteration, repair, addition, or
expansion. For the purposes of this paragraph, any alteration, repair, addition or expansion shall
be considered as equaling or exceeding the above fifty percent limit where the work of
construction or improvement is done at different time intervals requiring two or more building
permits within a period of five years after completion of the first improvement, where although
each is for a project encompassing an addition of less than fifty percent of increased floor space,
but which when combined with other expansions during said five year period of time, increased
the amount of floor space under roof by fifty percent or more of that amount which existed
immediately prior to the commencement of the first of the several alterations, repairs, additions
or expansions.
3. Any existing garage which is altered, added to, or expanded so as to increase the size of such
garage by either 200 or more square feet or thirty-three or more percent of the original size,
whichever is less.
The area of a garage shall include all contiguous areas within the structure utilized for workshop
or storage purposes which are not constructed as habitable space in accordance with the
requirements of this Code, whether or not such contiguous areas are designed or utilized for the
storage of motor vehicles.
Any automatic sprinkler system installed pursuant to this Section shall comply with the standards
set forth in National Fire Protection Association Document 13D.
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All garage sprinkler systems installed pursuant to this Section shall be equipped with water flow
switches that are connected to audible warning devices of sufficient number and adequately
located within the dwelling so as to cause, when activated, a level of audibility of not less than
fifteen decibels above ambient noise levels measured four feet above the floor with bedroom
doors closed. If the dwelling serviced by the garage in which a sprinkler system is being installed
is required to be equipped with an early warning fire alarm system pursuant to Chapter 16,
Article 16-60 of the Saratoga Municipal Code, the water flow switches referred to herein shall
also be connected to the digital alarm communicator transmitter or the fire alarm control panel
described in Section 16-60.020 of said Code. However, if the dwelling serviced by the garage is
not equipped with such early warning fire alarm system, the water flow switches shall be
connected to an outside audible alarm that will cause, when activated, a level of audibility at the
property line nearest to the alarm of not less than fifteen decibels above the ambient noise level
at such property line. The provisions contained herein shall apply to both attached and detached
garages.
(c) Section 903.1.1 is amended to read:
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 except as
provided in Section 903.3.1.1.1 and local standards.
1. For new buildings having no designated use or tenant, the minimum sprinkler design
density shall be Ordinary Hazard Group 2.
(d) Section 903.3.1.2 is amended to read:
903.3.1.2 NFPA 13R sprinkler systems. Where allowed in buildings of Group R, up to and
including four stories in height , automatic sprinkler systems shall be installed throughout in
accordance with NFPA 13R and local standards.
(e) Section 903.3.1.3 is amended to read:
903.3.1.3 NFPA 13D sprinkler systems. Where allowed, automatic sprinkler systems installed
in one-and two-family dwellings and townhouses shall be installed throughout in accordance
with NFPA 13D and local standards.
(f) Section 912.2 is amended to read:
912.2 Location. With respect to hydrants, driveways, buildings and landscaping, fire
department connections shall be so located that fire apparatus and hose connected to supply the
system will not obstruct access to the building for other fire apparatus. The location of fire
department connections shall be approved by the fire code official.
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16-20.120 Amendments to Chapter 14 of the Fire Code: Fire Safety During
Construction and Demolition.
(a) Section 1404.8 is added to read:
1404.8 Fire Walls. When firewalls are required, 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).
(b) Section 1411.1 is amended to read:
1411.1 Stairways Required. Each level above the first story in new multi-story buildings that
require two exit stairways shall be provided with at least two usable exit stairways after the floor
decking is installed. The stairways shall be continuous and discharge to grade level. Stairways
serving more than two floor levels shall 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.).
(c) Section 1411.1.1 is added to read:
Section 1411.1.1 Required Means Of Egress. All new buildings under construction shall have
at least one unobstructed means of egress. All means of egress shall be identified in the prefire
plan see Section 1408.2.
16-20.130 Amendments to Chapter 18 of the Fire Code: Semiconductor Fabrication
Facilities.
(a) Amend the following definitions in Section 1802.1 to read:
Continuous Gas Detection System. An approved gas detection system where the analytical
instrument is maintained in continuous operation and sampling is performed without
interruption. Analysis is allowed to be performed on a cyclical basis at intervals not to exceed 30
minutes. In occupied areas where air is re-circulated and not exhausted to a treatment system
(e.g. breathing zone), the Chief may require a cyclical basis at intervals not to exceed 5 minutes.
The gas detection system shall be able to detect the presence of a gas at or below the permissible
exposure limit in occupiable areas and at or below ½ IDLH (or 0.05 LC 50 if no established
IDLH) in unoccupiable areas.
Delete Definition: Workstation.
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16-20.140 Amendments to Chapter 19 of the Fire Code: Lumber Yards and Wood
Working Facilities.
(a) Section 1907.6 is added to read:
1907.6 Fire Protection Water Supply System. An approved fire protection water supply and
hydrant system suitable for the fire hazard involved shall be provided for wood chip and hogged
material open storage yards and processing areas associated with timber and lumber production
facilities. Hydrant systems shall be installed in accordance with NFPA 24.
(b) Section 1908.11 is added to read:
1908.11 Fire Protection Water Supply System. An approved fire protection water supply and
hydrant system suitable for the fire hazard involved shall be provided for open storage yards and
processing areas for wood chips, hogged materials, fines, compost and raw product associated
with yard waste and recycling facilities. Hydrant systems shall be installed in accordance with
NFPA 24.
16-20.150 Amendments to Chapter 27 of the Fire Code: Hazardous Materials-General
Provisions.
(a) Subsection 2703.9.11 is added to the Fire Code to read:
2703.9.11 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 in accordance with Section 1803.10.
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.
16-20.160 Amendments to Chapter 33 of the Fire Code: Explosives and Fireworks.
(a) Section 3301.1 is amended to read:
3301.1 Scope. For explosives requirements see California Code of Regulations, Title 19,
Division 1, Chapter 10 and section 3301.2 of this chapter. For fireworks requirements see
California Code of Regulations, Title 19, Division 1, Chapter 6 and section 3301.3 of this
chapter. For small arms ammunition, see Section 3301.5 of this chapter.
Exceptions:
1. The armed Forces of the United States, Coast Guard or National Guard.
2. Explosives in forms prescribed by the official United States Pharmacopoeia.
3. The use of explosive materials by federal, state and local regulatory, law
enforcement and fire agencies acting in their official capacities.
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4. Items preempted by federal regulations.
(b) Section 3301.2 is added to read:
3301.2 Explosives. The possession, manufacture, storage, sale, handling, and use of explosives
are prohibited.
(c) Section 3301.3 is added to read:
3301.3 Fireworks. The possession, manufacture, storage, sale, handling, and use of fireworks,
including those fireworks classified as Safe and Sane by the California State Fire Marshal, are
prohibited.
Exceptions:
a. Storage, handling and use of fireworks and pyrotechnic special effects outside of
buildings when used for public or proximate audience displays, motion picture, television,
theatrical and group entertainment productions and when in accordance with Title 19 of the
California Code of Regulations.
b. Storage, handling and use of pyrotechnic special effects fireworks inside of
buildings when used for proximate audience displays or special effects in theatrical, television,
motion picture and group entertainment productions when in accordance with Title 19 of the
California Code of Regulations and when in buildings equipped throughout with an approved
fire sprinkler system.
(d) Section 3301.4 is added to read:
3301.4 Rocketry. The storage, handling, and use of model rockets shall be in accordance with
Title 19 of the California Code of Regulations and as approved by the Fire Code Official.
(e) Sections 3301.5 through 3301.5.3.2.3 are added to read:
3301.5 Small Arms Ammunition-General. Indoor storage and display of black powder,
smokeless propellants and small arms ammunition shall comply with Sections 3301.5.1 through
3301.5.4.2.3.
3301.5.1 Packages. Smokeless propellants shall be stored in approved shipping
containers conforming to DOTn 49 CFR, Part 173.
3301.5.1.1 Repackaging. The bulk repackaging of smokeless
propellants, black powder and small arms primers shall not
be performed in retail establishments.
3301.5.1.2 Damaged packages. Damaged containers shall not be repackaged.
Exception: Approved repackaging of damaged containers of smokeless
propellant into containers of the same type and size as the original container.
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3301.5.2 Storage in Group R occupancies. The storage of small arms ammunition in
Group R occupancies shall comply with Sections 3301.5.2.1 through 3301.5.2.3.
3301.5.2.1 Smokeless propellants. Smokeless propellants intended for personal
use in quantities not exceeding 20 pounds (9 kg) are permitted to be stored in Group R-3
occupancies where kept in original containers. Smokeless powder in quantities exceeding 20
pounds (9 kg) but not exceeding 50 pounds (23 kg) are permitted to be stored in Group R-3
occupancies where kept in a wooden box or cabinet having walls of at least 1 inch (25 mm)
nominal thickness.
3301.5.2.2 Black powder. Black powder intended for personal use in quantities
not exceeding 20 pounds (9 kg) are permitted to be stored in Group R-3 occupancies where kept
in original containers and stored in a wooden box or cabinet having walls of at least 1 inch (25
mm) nominal thickness.
3301.5.2.3 Small arms primers. No more than 10,000 small arms primers shall
be stored in Group R-3 occupancies.
3301.5.3 Display and storage in Group M occupancies. The display and storage of
small arms ammunition in Group M occupancies shall comply with Sections 3301.5.3.1 through
3301.5.3.2.3.
3301.5.3.1 Display. The display of small arms ammunition in Group M
occupancies shall comply with Sections 3301.5.3.1.1 through 3301.5.3.1.3.
3301.5.3.1.1 Smokeless propellant. No more than 20 pounds (9 kg) of
smokeless propellants, each in containers of 1 pound (0.454 kg) or less capacity, shall be
displayed in Group M occupancies.
3301.5.3.1.2 Black powder. No more than 1 pound (0.454 kg) of black
powder shall be displayed in Group M occupancies.
3301.5.3.1.3 Small arms primers. No more than 10,000 small arms
primers shall be displayed in Group M occupancies.
3301.5.3.2 Storage. The storage of small arms ammunition in Group M
occupancies shall comply with Sections 3301.5.3.2.1 through 3301.5.3.2.3.
3301.5.3.2.1 Storage of Smokeless propellant. Commercial stocks of
smokeless propellants not on display shall not exceed 100 pounds (45 kg). Quantities exceeding
20 pounds (9 kg), but not exceeding 100 pounds (45 kg) shall be stored in portable wooden
boxes having walls of at least 1 inch (25 mm) nominal thickness.
3301.5.3.2.2 Black powder. Commercial stocks of black powder not on
display shall not exceed 50 pounds (23 kg) and shall be stored in a type 4 indoor magazine.
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When black powder and smokeless propellants are stored together in the same magazine, the
total quantity shall not exceed that permitted for black powder.
3301.5.3.2.3 Small arms primers. Commercial stocks of small arms
primers not on display shall not exceed 750,000. Storage shall be arranged such that not more
than 100,000 small arms primers are stored in any one pile and piles are at least 15 feet (4572
mm) apart.
16-20.170 Amendments to Chapter 34 of the Fire Code: Flammable and Combustible
liquids.
(a) Section 3404.2.7.5.8 is amended to read:
3404.2.7.5.8 Overfill Prevention. An approved means or method in accordance with Section
3404.2.9.6.6 shall be provided to prevent the overfill of all Class I, II and IIIA liquid storage
tanks. Storage tanks in refineries, bulk plants or terminals regulated by Sections 3406.4 or
3406.7 shall have overfill protection in accordance with API 2350.
An approved means or method in accordance with Section 3404.2.9.7.6 shall be provided to
prevent the overfilling of Class IIIB liquid storage tanks connected to fuel-burning equipment
inside buildings.
Exception: Deleted
(b) Section 3404.2.7.5.9 is added to read:
3404.2.7.5.9 Automatic Filling of Tanks. Systems that automatically fill flammable or
combustible liquid tanks shall be equipped with overfill protection, 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 and
records of such testing shall be maintained on-site for a period of five (5) years.
16-20.180 Amendments to Appendix Chapter 49 of the Fire Code: Requirements For
Wildland-Urban Interface Fire Areas.
(a) Section 4902, definition of Wildland-Urban Interface Fire Area, is amended to read:
Wildland-Urban Interface Fire Area is a geographical area identified by the state as a “Fire
Hazard Severity Zone” in accordance with the Public Resources Code Sections 4201 through
4204 and Government Code Sections 51175 through 51189, or other areas designated by the
enforcing agency to be at a significant risk from wildfires. See Article 86B for the applicable
referenced sections of the Government Code and the Public Resources Code. The Wildland-
Urban Interface Fire Area shall be defined as all areas within the City of Saratoga as set forth and
delineated on the map entitled "Wildland-Urban Interface Fire Area” which map and all
notations, references, data and other information shown thereon are hereby adopted and made a
part of this chapter. The map properly attested, shall be on file in the Office of the City Clerk of
the City of Saratoga.
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(b) Section 4906.2 is amended to read:
4906.2 Application. Buildings and structures located in the following areas shall maintain the
required hazardous vegetation and fuel management:
1. All unincorporated lands designated by the State Board of Forestry and Fire Protection as
State Responsibility Areas (SRA) including:
1.1. Moderate Fire Hazard Severity Zones
1.2. High Fire Hazard Severity Zones
1.3. Very-High Fire Hazard Severity Zones
2. Land designated as a Very-High Fire Hazard Severity Zone or as a Wildland Urban
Intereface Fire Area by the City of Saratoga.
(c) Section 4907.1 is amended to read:
4907.1 General. Defensible space will be maintained around all buildings and structures in Sate
Responsibility Area (SRA) as required in Public Resources Code 4290 and “SRA Fire Safe
Regulations” California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 2,
Section 1270.
Buildings and structures within the Very-High Fire Hazard Severity Zones of a Local
Responsibility Area (LRA) shall maintain defensible space as outlined in Government Code
51175 – 51189 and any local ordinance of the authority having jurisdiction.
Persons owning, leasing, controlling, operating or maintaining buildings or structures in the
locally adopted Wildland-Urban Interface Fire Area but that are not within the Very-High Fire
Hazard Severity Zone and persons owning, leasing or controlling land adjacent to such buildings
or structures, shall at all times:
1. Maintain an effective defensible space by removing and clearing away flammable
vegetation and combustible growth from areas within 30 feet (9144 mm) of such buildings or
structures.
Exception: Single specimens of trees, ornamental shrubbery or similar plants used as
ground covers, provided that they do not form a means of rapidly transmitting fire from the
native growth to any structure.
2. Maintain additional effective defensible space by removing brush, flammable
vegetation and combustible growth located 30 feet to 100 feet (9144 mm to 30480 mm) when
required by the fire code official due to steepness of terrain or other conditions that would cause
a defensible space of only 30 feet (9144 mm) to be insufficient.
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Exception: Grass and other vegetation located more than 30 feet (9144 mm) from
buildings or structures and less than 18 inches (457 mm) in height above the ground need not be
removed where necessary to stabilize the soil and prevent erosion.
3. Remove portions of trees, which extend within 10 feet (3048 mm) of the outlet of
a chimney.
4. Maintain trees adjacent to or overhanging a building free of deadwood; and
5. Maintain the roof of a structure free of leaves, needles or other dead vegetative
growth.
(d) Section 4907.2 is added to read:
4907.2 Corrective Actions. The executive body is authorized to instruct the fire code official to
give notice to the owner of the property upon which conditions regulated by Section 4907.1 exist
to correct such conditions. If the owner fails to correct such conditions, the executive body is
authorized to cause the same to be done and make the expense of such correction a lien upon the
property where such condition exists.
(e) Section 4908 is added to read:
4908.1 General. When required by the code official, a fire protection plan shall be
prepared.
4908.2 Content. The plan shall be based upon a site-specific wildfire risk assessment that
includes considerations of location, topography, aspect, flammable vegetation, climatic
conditions and fire history. The plan shall address water supply, access, building ignition and
fire-resistance factors, fire protection systems and equipment, defensible space and vegetation
management.
4908.3 Cost. The cost of fire protection plan preparation and review shall be the
responsibility of the applicant.
4908.4 Plan Retention. The fire protection plan shall be retained by the fire code
official.
(f) Section 4909 is added to read:
SECTION 4909
ACCESS
4909.1 General. Buildings and structures, or portions thereof, hereafter constructed or relocated
into or within the Wildland-Urban Interface Fire Area shall be provided with fire apparatus
access in accordance with Chapter 5 and Section 4909.2.
4909.2 Driveways. Driveways in excess of 150 feet (45 720 mm) in length shall be provided
with turnarounds. Driveways in excess of 200 feet (60 960 mm) in length and less than 20 feet
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(6096 mm) in width shall be provided with turnouts in addition to turnarounds. An all-weather
surface shall be any surface material acceptable to the code official.
A driveway shall not serve in excess of two dwelling units.
Exception: When such driveways meet the requirements for an access road in
accordance with this chapter.
Driveway turnarounds shall be in accordance with Fire Department Standards. Driveways that
connect with a road or roads at more than one point may be considered as having a turnaround if
all changes of direction meet the radii requirements for driveway turnarounds.
Driveway turnouts shall be an all-weather road surface at least 10 feet (3048 mm) wide and 30
feet (9144 mm) long. Driveway turnouts shall be located as required by the code official.
Vehicle load limits shall be posted at both entrances to bridges on driveways and private roads.
Design loads for bridges shall be established by the code official.
(g) Section 4910 is added to read:
SECTION 4910
WATER SUPPLY
4910.1 General. Buildings and structures, or portions thereof, hereafter constructed or relocated
into or within the Wildland-Urban Interface Fire Area shall be provided with fire protection
water supplies in accordance with Chapter 5 and Sections 4910.2 and 4910.3.
Exception: Buildings containing only private garages, carports, sheds and agricultural
buildings with a building area of not more than 500 square feet (56 m2).
4910.2 Clearance Of Fuel. Defensible space shall be provided around water tank structures,
water supply pumps and pump houses in accordance with Section 4907.
4910.3 Standby Power. Stationary water supply facilities within the wildland-urban interface
area dependent on electrical power to meet adequate water supply demands shall provide standby
power systems in accordance with the Electrical Code to ensure that an uninterrupted water
supply is maintained. The standby power source shall be capable of providing power for a
minimum of two hours.
Exceptions:
1. When approved by the code official, a standby power supply is not required
where the primary power service to the stationary water supply facility is underground.
2. A standby power supply is not required where the stationary water supply facility
serves no more than one single-family dwelling.
(h) Section 4911 is added to read:
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SECTION 4911
GENERAL REQUIREMENTS FOR SUPPRESSION AND CONTROL
4911.1 Scope. The provisions of this chapter establish general requirements applicable to new
and existing properties located within the Wildland-Urban Interface Fire Area.
4911.2 Clearance Of Brush Or Vegetative Growth From Roadways. The code official is
authorized to require areas within 10 feet (3048 mm) on each side of portions of fire apparatus
access roads and driveways to be cleared of non-fire-resistive vegetation growth.
Exception: Single specimens of trees, ornamental vegetative fuels or cultivated ground
cover, such as green grass, ivy, succulents or similar plants used as ground cover, provided they
do not form a means of readily transmitting fire.
4911.3 Access Restrictions
4911.3.1 Restricted Entry To Public Lands. The code official is authorized to
determine and publicly announce when the Wildland-Urban Interface Fire Area shall be closed
to entry and when such areas shall again be opened to entry. Entry on and occupation of the
Wildland-Urban Interface Fire Area, except public roadways, inhabited areas or established trails
and campsites that have not been closed during such time when the wildland-urban interface area
is closed to entry, is prohibited.
Exceptions:
1. Residents and owners of private property within the Wildland-Urban Interface
Fire Area and their invitees and guests going to or being on their lands.
2. Entry, in the course of duty, by peace or police officers, and other duly authorized
public officers, members of a fire department and members of the Wildland Firefighting Service.
4911.3.2 Use Of Fire Roads And Defensible Space. Motorcycles, motor scooters and
motor vehicles shall not be driven or parked on, and trespassing is prohibited on, fire roads or
defensible space beyond the point where travel is restricted by a cable, gate or sign, without the
permission of the property owners. Vehicles shall not be parked in a manner that obstructs the
entrance to a fire road or defensible space.
Exception:
Public officers acting within their scope of duty. Radio and television aerials, guy wires
thereto, and other obstructions shall not be installed or maintained on fire roads or defensible
spaces, unless located 16 feet (4877 mm) or more above such fire road or defensible space.
4911.3.3 Use Of Motorcycles, Motor Scooters, Ultra light Aircraft And Motor
Vehicles. Motorcycles, motor scooters, ultra light aircraft and motor vehicles shall not be
operated within the Wildland-Urban Interface Fire Area, without a permit by the code official,
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except on clearly established public or private roads. Permission from the property owner shall
be presented when requesting a permit.
4911.3.4 Tampering With Locks, Barricades, Signs And Address Markers. Locks,
barricades, seals, cables, signs and address markers installed within the Wildland-Urban
Interface Fire Area, by or under the control of the code official, shall not be tampered with,
mutilated, destroyed or removed.
Gates, doors, barriers and locks installed by or under the control of the code official shall not be
unlocked.
(i) Section 4912 is added to read:
SECTION 4912
IGNITION SOURCE CONTROL
4912.1 General. Ignition sources shall be in accordance with Section 4912.
4912.2 Clearance From Ignition Sources. Clearance between ignition sources and grass, brush
or other combustible materials shall be maintained a minimum of 30 feet (9144 mm).
4912.3 Smoking. When required by the code official, signs shall be posted stating NO
SMOKING. No person shall smoke within 15 feet (4572 mm) of combustible materials or non-
fire-resistive vegetation.
Exception:
Places of habitation or in the boundaries of established smoking areas or campsites as designated
by the code official.
4912.4 Equipment And Devices Generating Heat, Sparks Or Open Flames. Equipment and
devices generating heat, sparks or open flames capable of igniting nearby combustibles shall not
be used in the Wildland-Urban Interface Fire Area without a permit from the code official.
Exception:
Use of approved equipment in habitated premises or designated campsites that are a minimum of
30 feet (9144 mm) from grass-, grain-, brush- or forest-covered areas.
4912.5 Fireworks. Fireworks shall not be used or possessed in the Wildland-Urban Interface
Fire Area.
(j) Section 4913 is added to read:
SECTION 4913
OUTDOOR FIRES
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4913.1 General. No person shall build, ignite or maintain any outdoor fire of any kind for any
purpose in or on any Wildland-Urban Interface Fire Area, except by the authority of a written
permit from the code official.
Exception:
Outdoor fires within inhabited premises or designated campsites where such fires are in a
permanent barbecue, portable barbecue, outdoor fireplace or grill and are a minimum of 30 feet
(9144 mm) from any combustible material or non-fire-resistive vegetation.
4913.2 Permits. Permits outdoor fires shall incorporate such terms and conditions that will
reasonably safeguard public safety and property. Outdoor fires shall not be built, ignited or
maintained in Wildland Urban Interface Fire Areas under the following conditions:
1. When high winds are blowing,
2. When a person 17 years old or over is not present at all times to watch and tend
such fire, or
3. When a public announcement is made that open burning is prohibited.
4913.3 Restrictions. No person shall use a permanent barbecue, portable barbecue, outdoor
fireplace or grill for the disposal of rubbish, trash or combustible waste material.
4913.4 Outdoor Fireplaces, Permanent Barbecues And Grills. Outdoor fireplaces, permanent
barbecues and grills shall not be built, installed or maintained in the Wildland-Urban Interface
Fire Area without approval of the Building or Fire Code Official.
Outdoor fireplaces, permanent barbecues and grills shall be located a minimum of 30 feet (9144
mm) from any combustible material or non-fire-resistive vegetation and shall be maintained in
good repair and in a safe condition at all times. Openings in such appliances shall be provided
with an approved spark arrestor, screen or door. For the purposes of this section, ignition-
resistant material shall not be considered to be combustible material.
Exception:
When approved by the Building or Fire Code Official, unprotected openings in barbecues and
grills necessary for proper functioning.
(k) Section 4914 is added to read:
SECTION 4914
LIQUEFIED PETROLEUM GAS INSTALLATIONS
4914.1 Vegetation Clearance around Tanks/Containers. Flammable vegetation shall be
cleared a minimum of 30 feet around liquefied petroleum gas tanks/containers.
(l) Section 4915 is added to read:
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SECTION 4915
STORAGE OF FIREWOOD AND COMBUSTIBLE MATERIALS
4915.1 General. Firewood and combustible materials shall not be stored in unenclosed spaces
beneath buildings or structures, or on decks or under eaves, canopies or other projections or
overhangs. The storage of firewood and combustible material within the defensible space shall
be located a minimum of 30 feet (6096 mm) from structures and separated from the crown of
trees by a minimum horizontal distance of 15 feet (4572 mm).
4915.2 Storage For Off-Site Use. Firewood and combustible materials not for consumption on
the premises shall be stored as approved by the fire code official.
(m) Section 4916 is added to read:
SECTION 4916
DUMPING
4916.1 Waste Material. Waste material shall not be placed, deposited or dumped in the
Wildland-Urban Interface Fire Area, or in, on or along trails, roadways or highways or against
structures in the Wildland-Urban Interface Fire Area.
Exception:
Approved public and approved private dumping areas.
4916.2 Ashes And Coals. Ashes and coals shall not be placed, deposited or dumped in or on the
Wildland-Urban Interface Fire Area.
Exceptions:
1. In the hearth of an established fire pit, camp stove or fireplace.
2. In a noncombustible container with a tight fitting lid, which is kept or maintained
in a safe location not less than 10 feet (3048 mm) from non-fire-resistive vegetation or structures.
3. Where such ashes or coals are buried and covered with 1 foot (305 mm) of
mineral earth not less than 25 feet (7620 mm) from non-fire-resistive vegetation or structures.
(n) Section 4917 is added to read:
SECTION 4917
PROTECTION OF PUMPS AND WATER STORAGE FACILITIES
4917.1 Clearance of Flammable Vegetation. Flammable vegetation shall be cleared a
minimum of 30 feet from water storage equipment and pumping facilities.
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16-25.010 Adoption of California Plumbing Code.
Article 16-25 PLUMBING CODE
The 2010 California Plumbing Code (2009 Uniform Plumbing Code, as published by the
International Code Council), including Appendix Chapters A, B, D, I, K and L only,
hereinafter referred to as the “Plumbing Code,” is referred to and such Code is adopted
and made a part hereof, the same as if fully set forth in this Article, and shall be the
Plumbing Code of the City. However, in accordance with California Government Code
Section 50222.4, no penalty clauses are adopted by reference. In accordance with
California Government Code Section 50022.6, at least one true copy of the Plumbing
Code has been on file with the City Clerk since fifteen (15) days prior to enactment of the
ordinance codified in this Article. While the ordinance codified in this Article is in force,
a true copy of the Plumbing Code shall be kept for public inspection in the office of the
Building Official. A reasonable supply of the Plumbing Code shall be available in the
office of the City Clerk for public purchase.
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Article 16-30 MECHANICAL SYSTEMS
16-30.010 Adoption of California Mechanical Code.
The 2010 California Mechanical Code (2009 Uniform Mechanical Code as published by the
International Code Council) including all appendices, hereinafter referred to as the “Mechanical
Code,” is referred to and such Code is adopted and made a part hereof, the same as if fully set
forth in this Article, and shall be the Mechanical Code of the City. However, in accordance with
California Government Code Section 50222.4, no penalty clauses are adopted by reference. In
accordance with California Government Code Section 50022.6, at least one true copy of the
Mechanical Code has been on file with the City Clerk since fifteen (15) days prior to enactment
of the ordinance codified in this Article. While the ordinance codified in this Article is in force,
a true copy of the Mechanical Code shall be kept for public inspection in the office of the
Building Official. A reasonable supply of the Mechanical Code shall be available in the office of
the City Clerk for public purchase.
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Article 16-35 ELECTRICAL CODE
16-35.010 Adoption of California Electrical Code.
The 2010 California Electrical Code (2008 National Electrical Code as published by the
International Code Council), hereinafter referred to as the “Electrical Code,” is referred to and
such code is adopted and made a part hereof, the same as if fully set forth in this Article, and
shall be the Electrical Code of the City. However, in accordance with California Government
Code Section 50222.4, no penalty clauses are adopted by reference. In accordance with
California Government Code Section 50022.6, at least one true copy of the Electrical Code has
been on file with the City Clerk since fifteen (15) days prior to enactment of the ordinance
codified in this Article. While the ordinance codified in this Article is in force, a true copy of the
Electrical Code shall be kept for public inspection in the office of the Building Official. A
reasonable supply of the Electrical Code shall be available in the office of the City Clerk for
public purchase.
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16-49.010 Adoption of California Green Building Standards Code.
Article 16-49 GREEN BUILDING STANDARDS CODE
The 2010 California Green Building Standards Code (California Building Standards
Commission as published by the International Code Council), hereinafter referred to as the
“Green Building Standards Code,” is referred to and such code is adopted and made a part
hereof, the same as if fully set forth in this Article, and shall be the Green Building Standards
Code of the City. However, in accordance with California Government Code Section 50222.4,
no penalty clauses are adopted by reference. In accordance with California Government Code
Section 50022.6, at least one true copy of the Green Building Standards Code has been on file
with the City Clerk since fifteen (15) days prior to enactment of the ordinance codified in this
Article. While the ordinance codified in this Article is in force, a true copy of the Green
Building Standards Code shall be kept for public inspection in the office of the Building Official.
A reasonable supply of the Green Building Standards Code shall be available in the office of the
City Clerk for public purchase.
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