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SARATOGA CITY COUNCIL
MEETING DATE: April 15, 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: Adoption of 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:
Waive the second reading of the proposed 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.
BACKGROUND:
At its March 18, 2009 meeting, the City Council held a public hearing on the proposed 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 ordinance simply compiles existing references from the Municipal Code and does not create
additional laws.
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: Proposed Ordinance
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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