HomeMy WebLinkAbout101-Updates - Miscellaneous Ordinances w/ Green Building Sustainability Ordinance - Staff Report.pdf
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SARATOGA CITY COUNCIL
MEETING DATE: September 2, 2009 AGENDA ITEM:
DEPARTMENT: Community Development CITY MANAGER: Dave Anderson
PREPARED BY: Michael Fossati DIRECTOR: John F. Livingstone, AICP
SUBJECT: Ordinance amending various sections of the City Code pertaining to land use. The
amendments would clarify existing provisions regarding Health and Sanitation,
Subdivisions, Zoning Regulations, and Building Regulations and would adopt new
provisions requiring Story Poles and setting Green Building standards.
RECOMMENDED ACTION:
Open and conduct the public hearing, introduce the ordinance, waive the first reading, and
schedule the item for a second reading and adoption on consent calendar at the next regular City
Council meeting.
BACKGROUND:
Each year the City considers “clean-up” amendments to the land use provisions of the City Code.
This ordinance includes those amendments and two new code sections regarding story poles and
green building. The ordinance is the result of three (3) Planning Commission study sessions and
a public hearing. Noticing for the first study session was published in the Saratoga News on
April 28, 2009. Articles were written regarding the second and third study sessions in the June
and July editions of the Saratoga News. On July 22, 2009, the Planning Commission held a
public hearing and recommended that the City Council approve the attached Code amendments.
DISCUSSION:
The attached ordinance will address the following items.
• Clarify existing provisions of the City Code. These provisions include ambiguities, items
that routinely require additional explanation, staff interpretations of provisions that are
not codified, items that are no longer necessary or relevant and grammatical errors.
• Codify as a formal requirement the current practice of requiring story poles for projects
subject to design review.
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• Adopt a new Article titled “Green Building Regulations”. This will increase the
promotion of energy efficiency and environmental sustainability by requiring new
construction of private or public entities to follow established guidelines of not-for-profit
agencies specialized in green building practices. This part of the ordinance will further
the efforts of the City Council to integrate green building practices into the City of
Saratoga.
A summary of the changes is presented as Attachment 1 of this staff report. The ordinance and
proposed language for the amendments to the City Code is presented as Attachment 2.
ENVIRONMENTAL DETERMINATION:
The proposed amendments and additions to the Code are Categorically Exempt from the
California Environmental Quality Act (CEQA) pursuant to Public Resources Code Sections
15061(b)(3) and 15308. CEQA applies only to projects which have the potential of causing a
significant effect on the environment. 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. In this circumstance, Staff is recommending amendments to the
existing Code and related sections and additions of provisions and reference appendices to the
existing Code; the amendments and additions would have no adverse effect on the environment.
PLANNING COMMISSION ACTION:
The Planning Commission reviewed the zoning amendment at three study sessions and a
regularly scheduled public hearing on July 22, 2009. There was no public testimony in
opposition of the proposed amendment. The Planning Commission voted unanimously to
recommend approval of the proposed zoning amendment to City Council.
FISCAL IMPACTS:
There are no negative fiscal impacts.
CONSEQUENCES OF NOT FOLLOWING RECOMMENDED ACTION:
Staff will use the current City Code for future review of submitted projects. The City will not
have an article pertaining to Green Building Regulations or a section regarding Story Pole
requirements without following the recommended action.
ALTERNATIVE ACTION:
Provide staff with alternative direction.
FOLLOW UP ACTION:
Schedule the ordinance for a second reading.
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ADVERTISING, NOTICING AND PUBLIC CONTACT:
Notice of this meeting was properly posted and published in the Saratoga News on August 18,
2009. Staff has not received any negative comments on the proposed amendments as of the
writing of this staff report.
ATTACHMENTS:
1. Summary of changes table
2. Ordinance and proposed changes