HomeMy WebLinkAbout101-Staff Report and Ordinance.pdfPage 1 of 8
SARATOGA CITY COUNCIL
MEETING DATE: April 1, 2009 AGENDA ITEM:
DEPARTMENT: City Manager’s Office CITY MANAGER: Dave Anderson
PREPARED BY: Barbara Powell DIRECTOR:
Assistant City Manager
Richard Taylor
City Attorney
SUBJECT: An Ordinance Amending the City of Saratoga Municipal Code to Include a
Compilation of Existing Local Laws that Promote Sustainability through the Reduction of
Greenhouse Gas Emissions
RECOMMENDED ACTION:
Adopt the attached ordinance:
1. Introduce and waive the first reading of the attached ordinance after opening the public
hearing, accepting public testimony, and closing the hearing.
2. Direct staff to place the second reading and adoption of the ordinance on the agenda for
the next regular Council Meeting.
BACKGROUND:
At its February 1, 2008 retreat, the City Council directed staff to create a new Municipal Code
Chapter with cross references to other Code Sections that promote sustainability through the
reduction of Greenhouse Gas emissions.
Staff has completed its review and concluded that the sections referenced on Attachment “A”
meet the above criteria. Staff has also prepared the attached ordinance (Attachment “B”) for
Council’s consideration and, if so desired, adoption.
FISCAL IMPACTS:
There is no fiscal impact associated with adoption of the attached ordinance.
CONSEQUENCES OF NOT FOLLOWING THE RECOMMENDED ACTIONS:
The City Council would not adopt the attached ordinance and a new chapter would not be added
to the Municipal Code.
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ALTERNATIVE ACTION(S):
The Council could request changes to the attached ordinance or could direct staff to pursue other
alternative actions.
FOLLOW UP ACTION(S):
Implement Council direction.
ADVERTISING, NOTICING AND PUBLIC CONTACT:
Nothing additional.
ATTACHMENTS:
Attachment A: List of Municipal Code sections related to sustainability
Attachment B: Proposed Ordinance
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Attachment “A”
Chapters and Sections of the City of Saratoga Municipal Code that Relate to Sustainability
2-45.95 Recycled Paper
Mandates the establishment of procedures for purchasing recycled paper and paper products, giving
preference to recycled materials when all other factors are equal.
4-65.090 Recyclers: Quarterly Reports
Requires quarterly reports on meeting waste reduction goals.
6-15.070 Discharge of pollutants into storm drains and watercourses.
Establishes a misdemeanor for depositing pollutants into natural waterways and storm drains.
9-70 Transportation Demand Management
Promotes the implementation of programs to reduce traffic congestion and improve air quality in the
City.
14-25.065 Subdivisions: Design Requirements: Creek protection easement
To protect creeks, creek banks, and associated wildlife habitats, prohibits building within a specified
area around a protected creek.
15-16 P-C: Planned Community District
Allows for the creation of Planned Community Districts, which include smaller, less expensive
housing, in addition to dedicating space for parks and recreation uses.
15-20.050(j) R-OS: Residential Open Space District, Development Criteria: Landscaping
In R-OS areas, gives preference to natural, indigenous, and drought-resistant plants.
15-45.055 Residential Design Handbook.
Requires that all single-family structures be built in accordance with the guidelines in the Residential
Design Handbook, which includes information on energy efficiency and promotes native vegetation and
minimizing the amount of paved surfaces.
15-47 Water-Efficient Landscapes
To promote water conservation, encourages water-efficient landscaping including programming
watering devices to account for weather patterns, using recycled water for landscape irrigation, and
grouping plants for efficient watering. Also requires that the City inform new home-owners about
water-efficient landscapes.
15-48 Limitations on Wood-burning Fireplaces
To improve air quality, limits installation of fireplaces in new construction, and outlaws burning
garbage, plastics, rubber, paint, and anything that might emit noxious or toxic fumes.
15-50 Tree Regulations
Provides for the preservation of trees, which offer both scenic and climatic benefits to the City.
Requires approval for the removal of protected trees (15-50.050), and gives the City the power to
require the planting of new trees as a condition for approving the removal of a tree (15-50.080).
15-52 Small Wind Energy Systems
Enables construction of small wind energy conversions systems for home, farm, and small commercial
use.
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15-56 Second Dwelling Units
Section 15-56.030(d) allows additional site coverage and allowable floor area in a second dwelling
unit, if that unit is deed restricted to only be rented to below market rate households.
15-80.030(f) Miscellaneous Regulations and Exceptions: Solar panels
Full text of 15-80.030(f): Subject to approval by the Community Development Director, solar panels
not exceeding six feet in height may be located within any portion of a rear setback area.
15-81 Housing Density Bonus
Provides for incentives for high-density housing that includes housing specifically set aside for senior
citizens and low income persons.
16-72 Construction and Demolition Debris
Requires a recycling plan for construction and demolition debris for projects with more than 2,500
square feet of floor space. Plans should maximize waste diverted from landfills, and are documented,
approved, and overseen by City staff.
16-75.030 Water Conservation Devices
Requires that all newly constructed buildings incorporate water conservation devices into plumbing and
irrigation systems.
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ORDINANCE _______
AN ORDINANCE AMENDING THE CITY OF SARATOGA MUNICIPAL CODE
TO INCLUDE A COMPILATION OF EXISTING LOCAL LAWS THAT
PROMOTE SUSTAINABILITY THROUGH THE REDUCTION OF GREENHOUSE
GAS EMISSIONS
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Section 1. Findings.
A. The City of Saratoga has undertaken a number of measures to promote
environmental stewardship, increase community sustainability and reduce
greenhouse gas emissions.
B. As one part of these efforts, over a number of years, Saratoga’s City Councils have
adopted ordinances, currently codified in the City’s Municipal Code, which
promote sustainability by directly or indirectly reducing the production of
greenhouse gas emissions.
C. The City Council desires to compile existing sections of the Municipal Code, and
future relevant sections of the Code pertaining to the reduction of greenhouse gas
emissions into a new section of the Code, providing a readily accessible reference.
Section 2. Adoption.
The Saratoga City Code is hereby amended to adopt a new Chapter 17 regarding
Sustainability including Article 17-05 “Greenhouse Gas Reduction Policies.” The purpose of this
new Article is to compile references to other Municipal Code Sections related to Climate
Protection, in order to provide a ready reference to these sections; this Article does not change
the City’s existing laws in any way. The full text of the new Chapter and Article are set forth
below:
Chapter 17
Sustainability
Article 17-05
Existing Laws
17-05.010 Greenhouse Gas Reduction Policies.
The list below provides a reference to Sections of the City of Saratoga Municipal Code seeking
to reduce emissions of greenhouse gases, together with a brief description of each Section.
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Nothing in this section shall change the meaning of the code sections summarized below and the
full text of each section shall apply regardless of the summary below.
a) 2-45.95 Recycled Paper. Mandates the establishment of procedures for purchasing
recycled paper and paper products, giving preference to recycled materials when all other
factors are equal.
b) 4-65.090 Recyclers: Quarterly Reports. Requires quarterly reports on meeting waste
reduction goals.
c) 6-15.070 Discharge of pollutants into storm drains and watercourses. Establishes a
misdemeanor for depositing pollutants into natural waterways and storm drains.
d) 9-70 Transportation Demand Management. Promotes the implementation of programs to
reduce traffic congestion and improve air quality in the City.
e) 14-25.065 Subdivisions: Design Requirements: Creek protection easement. To protect
creeks, creek banks, and associated wildlife habitats, prohibits building within a specified
area around a protected creek.
f) 15-16 P-C: Planned Community District. Allows for the creation of Planned Community
Districts, which include smaller, less expensive housing, in addition to dedicating space for
parks and recreation uses.
g) 15-20.050(j) R-OS: Residential Open Space District, Development Criteria: Landscaping.
In R-OS areas, gives preference to natural, indigenous, and drought-resistant plants.
h) 15-45.055 Residential Design Handbook. Requires that all single-family structures be
built in accordance with the guidelines in the Residential Design Handbook, which
includes information on energy efficiency and promotes native vegetation and minimizing
the amount of paved surfaces.
i) 15-47 Water-Efficient Landscapes. To promote water conservation, encourages water-
efficient landscaping including programming watering devices to account for weather
patterns, using recycled water for landscape irrigation, and grouping plants for efficient
watering. Also requires that the City inform new home-owners about water-efficient
landscapes.
j) 15-48 Limitations on Wood-burning Fireplaces. To improve air quality, limits installation
of fireplaces in new construction, and outlaws burning garbage, plastics, rubber, paint, and
anything that might emit noxious or toxic fumes.
k) 15-50 Tree Regulations. Provides for the preservation of trees, which offer both scenic
and climatic benefits to the City. Requires approval for the removal of protected trees (15-
50.050), and gives the City the power to require the planting of new trees as a condition
for approving the removal of a tree (15-50.080).
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l) 15-52 Small Wind Energy Systems. Facilitates construction of small wind energy
conversions systems for home, farm, and small commercial use.
m) 15-56 Second Dwelling Units. Section 15-56.030(d) allows additional site coverage and
allowable floor area in a second dwelling unit, if that unit is deed restricted to only be
rented to below market rate households.
n) 15-80.030(f) Miscellaneous Regulations and Exceptions: Solar panels. Subject to
approval by the Community Development Director, solar panels not exceeding six feet in
height may be located within any portion of a rear setback area.
o) 15-81 Housing Density Bonus. Provides for incentives for high-density housing that
includes housing specifically set aside for senior citizens and low income persons.
p) 16-72 Construction and Demolition Debris. Requires a recycling plan for construction
and demolition debris for projects with more than 2,500 square feet of floor space. Plans
should maximize waste diverted from landfills, and are documented, approved, and
overseen by City staff.
q) 16-75.030 Water Conservation Devices. Requires that all newly constructed buildings
incorporate water conservation devices into plumbing and irrigation systems.
Section 3. California Environmental Quality Act.
Pursuant to the California Environmental Quality Act, this action is exempt under CEQA
Guidelines Section 15308 (the amendment is exempt because it assures the maintenance, restoration,
enhancement, or protection of the environment) and CEQA Guidelines Section 15061(b) (3) (where
it can be seen with certainty that there is no possibility that the activity in question may have a
significant effect on the environment, the activity is not subject to CEQA).
Section 4. Summary of Existing Law.
This ordinance will merely summarize language in the City Code. The summaries would
not cause a change in existing law.
Section 5. Publication.
This Ordinance shall be published once in a newspaper of general circulation of the City of
Saratoga within fifteen days after its adoption.
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The foregoing Ordinance was introduced at a regular meeting of the City Council of the
City of Saratoga held on the ___ day of ________ 2009 and adopted by the following vote
following a second reading on the ___ day of ________ 2009:
AYES: _______________________________________
NOES: _______________________________________
ABSENT: _______________________________________
__________________________________________
CHUCK PAGE
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
___________________________
ANN SULLIVAN
CITY CLERK
APPROVED AS TO FORM:
___________________________
RICHARD TAYLOR
CITY ATTORNEY