HomeMy WebLinkAbout11-02-2022 City Council Agenda Packet, amended 11-02-2022Saratoga City Council Agenda November 2, 2022 – Page 1 of 5
SARATOGA CITY COUNCIL
REGULAR MEETING
NOVEMBER 2, 2022
AMENDED AGENDA
• 11/02/2022 JOINT SESSION PRESENTATION ADDED
• 11/02/2022 ITEM 2.1 STAFF REPORT REVISED
Teleconference/Public Participation Information – Joint Session
The Joint Session will be held entirely by teleconference pursuant to amendments to the
teleconference rules required by the Ralph M. Brown Act allowing teleconferencing during a
proclaimed state of emergency when a local official has recommended social distancing. All
members of the City Council and staff will participate via the Zoom platform using the process
described below.
Members of the public can view and participate in the 5:30 p.m. Joint Session by:
1. Accessing the meeting through Zoom
• Webinar URL https://us02web.zoom.us/j/82039467734
• Webinar ID 820 3946 7734
• Calling 1.408.638.0968 or 1.669.900.6833
Teleconference/Public Participation Information – Regular Session
The Regular Session will be held in-person and by teleconference pursuant to amendments to the
teleconference rules required by the Ralph M. Brown Act allowing teleconferencing during a
proclaimed state of emergency when a local official has recommended social distancing. Members
of the City Council and the public may participate in person at the location listed below or via the
Zoom platform using the information below.
Members of the public can view and participate in the 7:00 p.m. Regular Session by:
1. Attending the meeting in person at the Civic Theater, Council Chambers located at 13777
Fruitvale Avenue, Saratoga CA 95070
2. Accessing the meeting through Zoom
• Webinar URL https://us02web.zoom.us/j/86857146102
• Webinar ID 868 5714 6102
• Calling 1.408.638.0968 or 1.669.900.6833
3. Viewing the meeting on Saratoga Community Access Television Channel 15 (Comcast
Channel 15, AT&T UVerse Channel 99 and calling in following the direction above; OR
4. Viewing online at http://saratoga.granicus.com/MediaPlayer.php?publish_id=2 and calling in
following the direction above.
Written Communication
Comments can be submitted in writing at www.saratoga.ca.us/comment. Written communications
will be provided to the members of the City Council and included in the Agenda Packet and/or in
supplemental meeting materials.
Saratoga City Council Agenda November 2, 2022 – Page 2 of 5
Public Comment
Members of the public may comment on any item for up to three (3) minutes. The amount of time
for public comment may be reduced by the Mayor or by action of the City Council. Public
Comment will begin with speakers attending in-person first followed by those attending via Zoom.
Meeting Recording Information
In accordance with the Saratoga City Council’s Meeting Recording Policy, City Council Study
Sessions, Joint Meetings, Joint Sessions, Commission Interviews, Retreats, meetings with the
Planning Commission, and Regular Session Meetings are recorded and made available following
the meeting on the City website.
5:30 PM JOINT SESSION
Joint Session with Saratoga Schools
Recommended Action:
Receive updates from Saratoga Schools
Saratoga SRTS Presentation 11.02.2022 School Presentation
7:00 PM REGULAR SESSION
Civic Theater, Council Chambers | 13777 Fruitvale Avenue, Saratoga, CA 95070
PLEDGE OF ALLEGIANCE
ROLL CALL
REPORT ON POSTING OF THE AGENDA
The agenda for this meeting was properly posted on October 27, 2022.
REPORT FROM JOINT SESSION
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Any member of the public may address the City Council on matters not on the Agenda. The law
generally prohibits the City Council from discussing or taking action on such items. However, the
Council may instruct staff accordingly.
ANNOUNCEMENTS
CEREMONIAL ITEMS
Commendation for Cynthia Chang
Recommended Action:
Commend Cynthia Chang for her service to the Saratoga community in multiple capacities.
Staff Report
Attachment A - Commendation for Cynthia Chang
1. CONSENT CALENDAR
The Consent Calendar contains routine items of business. Items in this section will be acted
on in one motion, unless removed by the Mayor or a Council Member. Any member of the
public may speak on an item on the Consent Calendar at this time, or request that the Mayor
remove an item from the Consent Calendar for discussion.
Saratoga City Council Agenda November 2, 2022 – Page 3 of 5
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the October 19, 2022 City Council Regular Meeting.
Staff Report
Attachment A - Minutes for the October 19 2022 City Council Regular Meeting
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
10/13/22 Period 4; 10/19/22 Period 4.
Staff Report
Attachment A - Check Register 10-13-2022 Period 4
Attachment B - Check Register 10-19-2022 Period 4
1.3. Treasurer’s Report for the Month Ended September 30, 2022
Recommended Action:
Review and accept the Treasurer’s Report for the month ended September 30, 2022.
Staff Report
1.4. Reconsider and confirm findings pursuant to Assembly Bill 361
Recommended Action:
Reconsider and confirm findings pursuant to Assembly Bill 361 of the continued public
health officials’ recommendation to social distance and to therefore continue the option of
holding City of Saratoga Brown Act meetings by teleconference.
Staff Report
Attachment A - City Council Resolution 21-073 Authorizing Teleconferenced Mtgs Pursuant
to AB 361
1.5. Quito Village Final Map for One Lot With 90 Condominiums Located at 18764 Cox
Avenue
Recommended Action:
Move to adopt Resolution granting final map approval of parcel map application No. MAP
22-0001 for one lot located at 18764 Cox Avenue (APN 389-12-020).
Staff Report - 18764 Cox Ave.docx
Attachment A - Resolution for Final Map Approval.doc
Attachment B - Site Map.pdf
Attachment C -Parcel Map 389 12 020.pdf
Saratoga City Council Agenda November 2, 2022 – Page 4 of 5
2. PUBLIC HEARING
Items placed under this section of the agenda are those defined by law as requiring a special
notice and/or a public hearing or those called by the City Council on its own volition.
2.1. Adoption of the 2022 California Building Standards Code with Local Modifications
Recommended Action:
(1) Conduct a public hearing
(2) Introduce and waive the first reading of the attached ordinance adopting and
modifying the referenced codes; and
(3) Direct staff to place the ordinance and the attached resolution making findings
regarding proposed modifications to the referenced codes on the consent calendar for
adoption on November 16, 2022
Staff Report (Revised 11-02-2022)
Attachment A - Resolution and Matrix
Attachment B - Building Code Ordinance (Revised 11-02-2022)
3. GENERAL BUSINESS
3.1. Prospect Road Cost Share Agreement with the City of Cupertino in the Amount of
$164,834
Recommended Action:
Approve the Prospect Road Cost Share Agreement with the City of Cupertino in the amount
of $164,833.91.
Staff Report
Attachment A – Prospect Road Cost Share Agreement with the City of Cupertino
COUNCIL ASSIGNMENTS
Mayor Tina Walia
Cities Association of Santa Clara County-City Selection Committee
Cities Association of Santa Clara County-Legislative Action Committee
Cities Association of Santa Clara County
Council Finance Committee
Hakone Foundation Board of Trustees and Executive Board
KSAR Community Access TV Board
Silicon Valley Clean Energy Authority Board of Directors
West Valley Mayors & Managers Association
Vice Mayor Kookie Fitzsimmons
Council Finance Committee
Hakone Foundation Board of Trustees
Santa Clara County Housing and Community Development (HCD) Advisory Committee
Saratoga Chamber of Commerce Board
Saratoga Sister City Committee Liaison
Council Member Mary-Lynne Bernald
Saratoga Historical Foundation Board of Directors
Saratoga City Council Agenda November 2, 2022 – Page 5 of 5
Council Member Rishi Kumar
Santa Clara County Library District Board of Directors
Santa Clara Valley Water Commission
West Valley Clean Water Program Authority Board of Directors
West Valley Solid Waste Management Authority Board of Directors
Council Member Yan Zhao
Association of Bay Area Governments
Saratoga Area Senior Coordinating Council Board of Directors
Saratoga Ministerial Association
Valley Transportation Authority (VTA) Policy Advisory Committee
Valley Transportation Authority (VTA) State Route 85 Corridor Policy Advisory Board
West Valley Sanitation District Board of Directors
CITY COUNCIL ITEMS
COUNCIL COMMUNICATIONS
CITY MANAGER'S REPORT
ADJOURNMENT
CERTIFICATE OF POSTING OF THE AGENDA, DISTRIBUTION OF THE AGENDA
PACKET, COMPLIANCE WITH AMERICANS WITH DISABILITIES ACT
I, Britt Avrit, City Clerk for the City of Saratoga, declare that the foregoing agenda for the meeting
of the City Council was posted and available for review on October 27, 2022 at the City of
Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at
www.saratoga.ca.us.
Signed this 27th day of October 2022 at Saratoga, California.
Britt Avrit, MMC, City Clerk
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, copies of materials
distributed to the City Council concurrently with the posting of the agenda, and materials
distributed to the City Council by staff after the posting of the agenda are available on the City
website at www.saratoga.ca.us and are available for review in the office of the City Clerk at 13777
Fruitvale Avenue, Saratoga, California.
In compliance with the Americans with Disabilities Act and the Governor’s Executive Order, if
you need assistance to participate in this meeting, please contact the City Clerk at
bavrit@saratoga.ca.us or calling 408.868.1216 as soon as possible before the meeting. The City
will use its best efforts to provide reasonable accommodations to provide as much accessibility as
possible while also maintaining public safety.
[28 CFR 35.102-35.104 ADA title II]
Saratoga Safe Routes to School (SRTS)
Master Plan
5
Safe Routes to School (SRTS)
In September 2022, the Saratoga City Council adopted the SRTS Master Plan.
The SRTS Master Plan is on the City website: www.saratoga.ca.us/srts
A SRTS Technical Advisory Committee was formed and included the
following stakeholders:
City staff
Traffic Safety Commission
Youth Commission
Sheriff Traffic Deputies
School communities
School neighbors.
6
SRTS Master PlanTwo Project Goals
Identify all potential walking and bicycling routes to schools in Saratoga,list
improvements that should be made at those routes to accommodate walking
and bicycling to school and develop recommended route maps for each school.
Conduct extensive outreach with the school communities and neighborhoods
to ensure that the City has identified the appropriate routes for students to use
and the appropriate traffic safety calming solutions at those locations.
7
SRTS Master PlanSchools Assessed
1.Argonaut Elementary School
2.Blue Hills Elementary School
3.Christa McAuliffe Elementary School
4.Marshall Lane
5.Foothill Elementary School
6.Prospect High School
7.Redwood Middle School
8.Saratoga Elementary School
9.Saratoga High School
10.Sacred Heart School (Private)
11.St.Andrew’s Episcopal School (Private)
Note:The City will evaluate two additional private schools in the near future:Challenger
and Action Day Primary Plus
8
SRTS Master PlanNear Term Recommended Improvements
Quito Rd and
Sobey Rd
Marshall Lane
Elementary
RRFB, high visibility
crosswalks, tighten turns
Scotland
Dr/Saratoga
Creek Trail
St. Andrews
Episcopal
RRFB, high visibility
crosswalks, yield signs,
curb ramps
Shadow Oaks
Wy/Montauk
Dr
Redwood
Middle
RRFB, high visibility
crosswalks, yield signs,
berm improvements
Herriman Ave/
Saratoga Vista
Ave
Saratoga High RRFB, berm
improvements, curb
ramps
Herriman Ave/
Camino Rico
Saratoga High RRFB, trim back
landscaping, curb
extension, curb ramps
Aloha Ave/
Forrest Hills Dr
Saratoga
Elementary
RRFB, trim back
landscaping, curb ramps
Oak St/
Charles St.
Saratoga
Elementary
RRFB, high visibility
crosswalks, curb ramps 9
SRTS Master PlanGoal 2: Extensive Outreach
The City received comments from
parents from 10 of the 11 schools
1)Redwood Middle (22 comments)
2)Saratoga Elementary (12 comments)
3)Blue Hills Elementary (11 comments)
4)Foothill Elementary (9 comments)
5)Marshall Lane Elementary (7 comments)
6)Argonaut Elementary (7 comments)
7)Saratoga High (6 comments)
8)Prospect High (5 comments)
9)Christa McAuliffe (3 comments)
10)Saint Andrews (1 comment)
10
SRTS Master PlanFuture Desired Routes to School
City will develop safe routes to school
route maps for each school for
students to use once the near-term
safety improvements are complete.
City will begin promoting annual
events, such as walk or bike to school
events.
Staff will continue to apply for grants
to help fund the future improvements
that require additional funding.
11
SRTS Master PlanMedium and Long-Term Projects
12
SRTS Master PlanNext Steps
City staff will continue to work with the Traffic Safety Commission and the Safe
Routes To School Technical Advisory Committee to engage the school
administrators and school communities with Safe Routes to School outreach
efforts and activities and implementation of traffic engineering plans.
13
Thank you!
Contact Information
Mainini L. Cabute
Public Works Department
408.868.1258
mcabute@saratoga.ca.us
14
SARATOGA CITY COUNCIL
MEETING DATE:November 2, 2022
DEPARTMENT:City Manager’s Department
PREPARED BY:Janet Costa, Executive Assistant
SUBJECT:Commendation for Cynthia Chang
RECOMMENDED ACTION:
Commend Cynthia Chang for her service to the Saratoga community in multiple capacities.
BACKGROUND:
Cynthia Chang has served on the Los Gatos-Saratoga Union High School District Board of
Trustees since 1998. This year marks her 24th year on the Board and the end to her impressive
tenure.
ATTACHMENTS:
Attachment A -Commendation for Cynthia Chang
15
COMMENDATION OF THE CITY COUNCIL
OF THE CITY OF SARATOGA HONORING
CYNTHIA CHANG
WHEREAS, Cynthia Chang has served on the Los Gatos-Saratoga Union High School
District Board of Trustees since 1998; and
WHEREAS, this year marks Cynthia’s 24th year on the Board and the end of her impressive
tenure; and
WHEREAS, in addition to her time with the Los Gatos-Saratoga Union High School District
Board of Trustees, Cynthia Chang also served on Saratoga Union School District as a board member
from 1994 to 1998; and
WHEREAS, Cynthia Chang also served as President of Asian Pacific Islander School Board
Members Association in 2020 and 2021 and played a critical role in the collaboration of California
Department of Education staff and other organizations which lead to the passage of Ethnic Studies
Model Curriculum by California State Board of Education in March 2021; and
WHEREAS,Cynthia Chang was recognized as Woman of the Year for the California
Assembly's 24th District in March 2010 for her outstanding record of public service over the past
two decades; and
WHEREAS Cynthia’s community involvement includes BSA Troop 508 Committee Chair
for six years, Saratoga's Memorial Day Observance event Co-Chair for three years, and Executive
Committee Member for Saratoga Rotary Club Building Bridges (A Celebration of Cultural
Diversity) events in 2003 and 2004; and
WHEREAS,Cynthia Chang is the past president for Organization of Chinese American
Women Silicon Valley Chapter, a founding board member of Chinese Historical and Cultural
Project (a non-profit organization that fundraised, built and gifted a Chinese Museum to the City of
San Jose), and a member of Saratoga Rotary Club, Saratoga Historical Foundation, Hakone
Foundation, and Friends of Saratoga Libraries; and
WHEREAS,Cynthia believes in cultural competence, global citizenship, academic
excellence and social-emotional wellbeing for all children.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does
hereby recognize Cynthia Chang for her public service to Saratoga and her extraordinary record of
service to the community.
WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 2nd day of
November 2022.
_________________________
Tina Walia, Mayor
City of Saratoga
16
SARATOGA CITY COUNCIL
MEETING DATE:November 2, 2022
DEPARTMENT:City Manager’s Department
PREPARED BY:Britt Avrit, MMC, City Clerk
SUBJECT:City Council Meeting Minutes
RECOMMENDED ACTION:
Approve the Minutes for the October 19, 2022 City Council Regular Meeting.
BACKGROUND:
Draft City Council Minutes for each Council Meeting are taken to the City Council to be reviewed
for accuracy and approval. Following City Council approval, minutes are retained for legislative
history and posted on the City of Saratoga website. The draft minutes are attached to this report
for Council review and approval.
FOLLOW UP ACTION:
Minutes will be retained for legislative history and posted on the City of Saratoga website.
ATTACHMENTS:
Attachment A -Minutes for the October 19, 2022 City Council Regular Meeting
17
Saratoga City Council Minutes ~ October 19, 2022 ~ Page 1 of 6
MINUTES
WEDNESDAY, OCTOBER 19, 2022
SARATOGA CITY COUNCIL REGULAR MEETING
At 6:00 p.m., the City Council held a Joint Session with Hakone and KSAR via teleconferencing
through Zoom.
Joint Session with Hakone and SASCC
Recommended Action:
Receive updates from Hakone and SASCC
Mayor Walia called the Regular Session to order 7:00 p.m. via teleconferencing through Zoom.
TheCityClerkexplained theCityCouncilmeeting wasconductedpursuantto Statelawasrecently
amended by Assembly Bill 361, which allows the meeting to be conducted entirely by
teleconference. The City Council has met all the applicable notice requirements and the public is
welcome to participate. All Council Members, staff, and meeting attendees participated by Zoom.
Informationonhowthepubliccanobservethemeetingandprovidepubliccomment wasprovided.
ROLL CALL
PRESENT:Mayor Tina Walia, Vice Mayor Kookie Fitzsimmons, Council Members
Mary-Lynne Bernald, Rishi Kumar, Yan Zhao
ABSENT:None
ALSO PRESENT:James Lindsay, City Manager
Crystal Bothelio Assistant City Manager
Richard Taylor, City Attorney
Frances Reed, Administrative Analyst
John Cherbone, Public Works Director
Nick Pegueros, Administrative Services Director
Debbie Pedro, Community Development Director
Nicole Johnson, Senior Planner
Lauren Blom, Public Information Officer
REPORT FROM JOINT SESSION
Mayor Walia provided a report of the City Council Joint Session with Hakone and KSAR.
REPORT ON POSTING OF THE AGENDA
The Administrative Analyst reported the agenda for this meeting was properly posted on October
13, 2022.
ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS
Mayor Walia invited public comment.
18
Saratoga City Council Minutes ~ October 19, 2022 ~ Page 2 of 6
The following individuals spoke at this time:
Andrey Tovchigrechko discussed the status of House Family Vineyards submittal deadline and
Council Member Kumar’s receipt of campaign donations from Dave House.
The City Attorney discussed the laws regarding campaign donations.
Mary Beth Bykowsk of the California Department of Insurance discussed the Department’s efforts
on the availability and affordability of homeowner’s insurance.
Nancy L. discussed Council Member Kumar’s receipt of campaign donations from Dave House.
Mohini discussed Council Member Kumar’s receipt of campaign donations from Dave House.
ANNOUNCEMENTS
Mayor Walia shared information about the Citywide Scarecrow Competition, Pizza & Politics,
Witchy Walk-a-Bout, South Asian Literature & Art Festival and the Saratoga 5k Fun Run & Walk.
CEREMONIAL ITEMS
Domestic Violence Awareness Month Proclamation
Recommended Action:
Proclaim October 2022 as Domestic Violence Awareness Month in the City of Saratoga.
The City Council proclaimed October 2022 as Domestic Violence Awareness Month in the
City of Saratoga.
1.CONSENT CALENDAR
Vice Mayor Fitzsimmons recused herself from Item 1.4 due to the proximity of the property
involved to property she owns.
Mayor Walia invited public comment on the Consent Calendar.
No one requested to speak.
1.1. City Council Meeting Minutes
Recommended Action:
Approve the Minutes for the October 5, 2022 City Council Regular Meeting as amended.
BERNALD/FITZSIMMONS MOVED TO APPROVE THE AMENDED MINUTES FOR
THE OCTOBER 5, 2022 CITY COUNCIL REGULAR MEETING.MOTION PASSED
BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS,
WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
1.2. Review of Accounts Payable Check Registers
Recommended Action:
Review and accept check registers for the following accounts payable payment cycles:
9/28/22 Period 3; 10/5/22 Period 4; 10/6/22 Period 4.
19
Saratoga City Council Minutes ~ October 19, 2022 ~ Page 3 of 6
BERNALD/FITZSIMMONS MOVED TO REVIEW AND ACCEPT CHECK
REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT
CYCLES:9/28/22 PERIOD 3; 10/5/22 PERIOD 4; 10/6/22 PERIOD 4. MOTION
PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO,
FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
1.3. Meeting Recording Policy Correction
Recommended Action:
Adopt the resolution correcting the Meeting Recording Policy to include the full list of
meetings to be recorded previously approved by the City Council.
RESOLUTION 22-043
BERNALD/FITZSIMMONS MOVED TO ADOPT THE RESOLUTION CORRECTING
THE MEETING RECORDING POLICY TO INCLUDE THE FULL LIST OF
MEETINGS TO BE RECORDED PREVIOUSLY APPROVED BY THE CITY
COUNCIL. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR,
ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
1.4. Big Basin Way Turnaround Temporary No Parking Restriction
Recommended Action:
Approve an MV Resolution temporarily restricting parking at the Big Basin Way
Turnaround.
RESOLUTION MV-330
BERNALD/FITZSIMMONS MOVED AS PART OF CONSENT CALENDAR TO
APPROVE AN MV RESOLUTION TEMPORARILY RESTRICTING PARKING AT
THE BIG BASIN WAY TURNAROUND. MOTION PASSED BY VERBAL ROLL
CALL. AYES: BERNALD, KUMAR, ZHAO, WALIA. NOES: NONE. ABSTAIN: NONE.
RECUSED: FITZSIMMONS. ABSENT: NONE.
1.5. Quito Village Subdivision Improvement Agreement with Pulte Home Company
Recommended Action:
Approve Subdivision Improvement Agreement with Pulte Home Company, LLC. to
develop the property known as Assessor’s Parcel Number 389-12-020, a portion of the
project known as Quito Village, and authorize the City Manager to execute the same.
BERNALD/FITZSIMMONS MOVED TO APPROVE SUBDIVISION IMPROVEMENT
AGREEMENT WITH PULTE HOME COMPANY, LLC. TO DEVELOP THE
PROPERTY KNOWN AS ASSESSOR’S PARCEL NUMBER 389-12-020, A
PORTION OF THE PROJECT KNOWN AS QUITO VILLAGE, AND AUTHORIZE
THE CITY MANAGER TO EXECUTE THE SAME. MOTION PASSED BY VERBAL
ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS WALIA. NOES:
NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
20
Saratoga City Council Minutes ~ October 19, 2022 ~ Page 4 of 6
2.GENERAL BUSINESS
2.1. Saratoga Local Roadway Safety Plan
Recommended Action:
Approve the Saratoga Local Roadway Safety Plan dated July 2022 and direct staff to move
forward with implementing safety improvements recommended in the Plan.
Mainini Cabute, Environmental Programs Manager, and Taylor Whitaker of Fehr and Peers
presented the staff report.
Mayor Walia invited public comment.
The following individuals spoke at this time: Belal Aftab
ZHAO/BERNALD MOVED TO APPROVE THE SARATOGA LOCAL ROADWAY
SAFETY PLAN DATED JULY 2022 AND DIRECT STAFF TO MOVE FORWARD
WITH IMPLEMENTING SAFETY IMPROVEMENTS RECOMMENDED IN THE
PLAN.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR,
ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE.
ABSENT: NONE.
2.2. Commercial and Recreational Vehicle Parking Restriction Options
Recommended Action:
Staff recommends that the City Council review the information in this report and provide
staff direction as needed.
Tony Gonzalez, Code Compliance Officer, presented the staff report.
Mayor Walia invited public comment.
No one requested to speak.
WALIA/BERNALD MOVED TO CHANGE THE ORDINANCE LANGUAGE AS
RECOMMENDED BY STAFF IN THE STAFF REPORT.MOTION PASSED BY
VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA.
NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
2.3. Communications Platforms Review and Website Recommendations
Recommended Action:
Receive presentation from Tripepi Smith on Platforms Review; and provide direction on
selection of website redesign features.
Lauren Blom, Public Information Officer, presented the staff report.
Mayor Walia invited public comment.
The following individuals spoke at this time: Lakhinder
21
Saratoga City Council Minutes ~ October 19, 2022 ~ Page 5 of 6
The City Council agreed on a preference for a clean, modern website with improved search
tools,as well as other changes that make it easier for visitors to access information, such as
reducing the number of clicks needed to find something. While individual Council Members
indicated preferences for specific design features, the City Council as a group indicated an
openness to design features based on how the website comes together as a whole. The City
Council supported implementation of the 6 recommendations in the Tripepi Smith Platforms
Review as time and budget (or resources?) allow, but directed staff to prioritize
recommendations to revisit the website design and establish formal policies.
Mayor Walia requested a recess at this time.
Mayor Walia reconvened the meeting at 9:36 p.m.
2.4. Report on Mills Act Agreements
Recommended Action:
Staff recommends that the City Council receive the report.
Nicole Johnson, Senior Planner, presented the staff report.
Mayor Walia invited public comment.
The following individuals spoke at this time: Chuck Page
No vote taken, receive and file only.
COUNCIL ASSIGNMENTS
Mayor Tina Walia
Cities Association of Santa Clara County-Legislative Action Committee – stated the Committee
discussed the JPA being drafted for the Association.
Silicon Valley Clean Energy Authority Board of Directors – stated the Board reaffirmed its
mission of decarbonization, directed SVCE to maintain 100% carbon free goals, discussed the
2022 Reach Codes and stated SVCE received the Green Power Leadership Award for Education
from the Center for Resource Solutions for its creation of its “E-hub.”
Vice Mayor Kookie Fitzsimmons
Nothing to report.
Council Member Mary-Lynne Bernald
Saratoga Chamber of Commerce Board – stated she attended the meeting for Vice Mayor
Fitzsimmons; the Board discussed the removal of parklets by December 31st and staff is working
to find other options for businesses.
Council Member Rishi Kumar
Nothing to report.
22
Saratoga City Council Minutes ~ October 19, 2022 ~ Page 6 of 6
Council Member Yan Zhao
Valley Transportation Authority (VTA) Policy Advisory Committee – stated the Committee
discussed the 2016 Measure B Bicycle and Pedestrian Planning Studies Competitive Grant
Program criteria for CY 22-23 and discussed the Vanpool Subsidy Program.
West Valley Sanitation District Board of Directors – stated she attended the meeting with nothing
to report.
CITY COUNCIL ITEMS
None.
COUNCIL COMMUNICATIONS
Council Member Kumar discussed his receipt of campaign donations from Dave House.
CITY MANAGER'S REPORT
The City Manager discussed hybrid meetings beginning on November 2, 2022.
CITY ATTORNEY'S REPORT
None
ADJOURNMENT
BERNALD/ZHAO MOVED TO ADJOURN THE MEETING AT 10:04 P.M.MOTION
PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS,
WALIA: NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE.
Minutes respectfully submitted:
Britt Avrit, City Clerk
City of Saratoga
23
SARATOGA CITY COUNCIL
MEETING DATE: November 2, 2022
DEPARTMENT: Administrative Services - Finance
PREPARED BY: Vivian Lu, Accounting Technician
SUBJECT: Review of Accounts Payable Check Registers
RECOMMENDED ACTION:
Review and accept check registers for the following accounts payable payment cycles:
10/13/22 Period 4; 10/19/22 Period 4.
BACKGROUND:
The information listed below provides detail for City check runs. Checks issued for $20,000 or greater are
listed separately as well as any checks that were voided during the time period. Fund information, by check
run, is also provided in this report.
ATTACHMENTS:
Attachment A – 10/13/22 Check Register in the ‘A/P Checks by Period and Year’ report format
Attachment B – 10/19/22 Check Register in the ‘A/P Checks by Period and Year’ report format
REPORT SUMMARY:
Attached are Check Registers for:
Date
Ending
Check #
10/13/2022 146103 146148 46 381,356.07 10/13/2022 10/6/2022 146102
10/19/2022 146149 146188 40 1,960,930.50 10/19/2022 10/13/2022 146148
Accounts Payable checks issued for $20,000 or greater:
Date Check # Dept. Amount
10/13/2022 146115 Fehr & Peers General Fund PW Traffic Engineering & Safe Routes To School 31,352.00
10/13/2022 146137 Specified Play Equipment Company CIP Grant - Park & Trail Fund PW Beauchamps Park Playground Project 268,337.79
10/19/2022 146149 4Leaf Inc General Fund CDD August Plan Review 43,323.93
10/19/2022 146159 Dean Harris General Fund CDD Deposit Refund 33,395.45
10/19/2022 146172 SCC Off of the Sheriff General Fund ASD Law Enforc ement October 2022 612,754.50
10/19/2022 146173 O'Grady Paving Inc Gas Tax Fund PW 2022 Pavement Management 1,210,196.63
Accounts Payable checks voided during this time period:
AP Date Check #Amount
N/A
Fund Purpose
StatusReason Issued to
Issued to
Prior Check Register
Checks ReleasedTotal Checks Amount
Accounts Payable
Accounts Payable
Ending
Check #
Starting
Check #Type of Checks Date
24
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 10/13/2022 CITY OF SARATOGA VENCHK11
TIME: 14:34:08 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 4/23
FUND FUND TITLE AMOUNT
111 GENERAL FUND 69,954.83
241 ARROYO DE SARATOGA LNDSCP 292.40
242 BONNET WAY LANDSCAPE 60.02
245 FREDERICKSBURG LANDSCAPE 82.06
246 GREENBRIAR LANDSCAPE 412.15
248 LEUTAR COURT LANDSCAPE 250.00
251 MCCARTYSVILLE LANDSCAPE 465.70
252 PRIDES CROSSING LANDSCAPE 559.59
272 BELLGROVE L&L 8,228.34
273 GATEWAY L&L 1,013.26
279 BROOKVIEW L&L 209.17
292 PARAMOUNT COURT SWD 82.06
361 ARROWHEAD BOND 767.00
411 CIP STREET PROJECTS FUND 5,924.84
412 CIP PARKS PROJECT FUND 11,417.79
413 CIP FACILITY PROJECT FUND 430.00
422 PARK IN-LIEU FEES FUND 60,079.00
431 CIP GRANT - STREET REPAIR 1,132.46
432 CIP GRANT - PARK & TRAIL 196,841.00
611 LIABILITY /RISK MGMT FUND 1,178.10
612 WORKERS COMP FUND 617.26
622 IT SERVICES 2,368.36
623 VEHICLE & EQUIPMENT MAINT 11,801.14
624 BUILDING MAINTENANCE 5,805.39
713 WVCWP AGENCY FUND 1,384.15
TOTAL REPORT 381,356.07
25
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 10/13/2022 CITY OF SARATOGA VENCHK11
TIME: 14:32:42 CHECK REGISTER ACCOUNTING PERIOD: 4/23
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
146103 11111 10/13/22 234 A T & T 63211 MONTHLY RECUR CHARGES 167.08
146103 11111 10/13/22 234 A T & T 63211 PROSPECT CENTER 117.62
146103 11111 10/13/22 234 A T & T 63211 BLANEY IRRIGATION 24.87
146103 11111 10/13/22 234 A T & T 63211 PRSPCT CTR EMER ALARM 299.24
146103 11111 10/13/22 234 A T & T 63211 CRP YRD EMER POTS LNS 49.46
146103 11111 10/13/22 234 A T & T 63211 ALARM SYS CIVIC THTR 235.56
146103 11111 10/13/22 234 A T & T 63211 SENIOR CENTER ALARMS 48.31
TOTAL CHECK 942.14
146104 11111 10/13/22 1154 AWARD COMPANY OF AMERICA, 61116 RECOGNITION SUPPLIES 162.90
146105 11111 10/13/22 1536 CALIFORNIA SPORT DESIGN 61313 UNIFORM 249.53
146106 11111 10/13/22 692 CBSC 21932 Q1 FY22/23 CBSC FEES 722.36
146107 11111 10/13/22 500 CHARLES RADER 66111 REIMB CERT MTG EXP 104.07
146108 11111 10/13/22 1569 COMCAST 63213 COMCAST (PRIMARY) 561.67
146109 11111 10/13/22 342 DATA TICKET INC 62481 AUG 2022 CITATION 100.00
146110 11111 10/13/22 1681 DAVEY RESOURCE GROUP, INC 22119 AUG ARBORIST CONSULT 2,061.25
146111 11111 10/13/22 500 DEVYANI ABHYANKAR 68353 NBHD WATCH GRANT RMB 300.00
146112 11111 10/13/22 1136 DIVISION OF THE STATE ARC 21931 JUL-SEP 22 SB1186 FEE 221.60
146113 11111 10/13/22 355 DURAN & VENABLES, INC. 81161 SARA AVE WATER REFILL 3,920.00
146114 11111 10/13/22 1688 ENVIRONMENTAL SCIENCE ASS 81141 APR-SEP BRIDGE MAINT 332.50
146115 11111 10/13/22 423 FEHR & PEERS 65511 TRAFFIC ENGINEERING 20,276.75
146115 11111 10/13/22 423 FEHR & PEERS 65511 TRAFFIC ENGINEERING 9,816.82
146115 11111 10/13/22 423 FEHR & PEERS 81143 RDWY SFTY PLAN GRANT 1,132.46
146115 11111 10/13/22 423 FEHR & PEERS 81143 SAFE ROUTES TO SCHOOL 125.97
TOTAL CHECK 31,352.00
146116 11111 10/13/22 1365 GMO GLOBALSIGN, INC. 64312 IT SUPPORT SVCS 342.00
146117 11111 10/13/22 1771 GOT GOPHERS INC 64545 ORCHARD PEST CONTROL 450.00
146117 11111 10/13/22 1771 GOT GOPHERS INC 64545 LIBRARY PEST CONTROL 650.00
TOTAL CHECK 1,100.00
146118 11111 10/13/22 472 HT HARVEY & ASSOCIATES 81141 QUITO ROAD BRIDGES 161.75
146119 11111 10/13/22 1772 JENNIFER FRANCIS 66211 CALBO MILEAGE REIMB 151.00
146119 11111 10/13/22 1772 JENNIFER FRANCIS 66211 CERT RENEWAL REIMB 121.00
TOTAL CHECK 272.00
146120 11111 10/13/22 500 JILL HUNTER 24921 VILLAGE GARDEN REIMB 390.92
146121 11111 10/13/22 683 LIST ENGINEERING COMPANY, 81142 GENERATOR SERVICES 430.00
146122 11111 10/13/22 1563 LOGAN & POWELL, LLP 65282 WVCWP LEGAL SERVICES 750.00
146123 11111 10/13/22 500 MAJID SANEINEJAD 22111 REF DEP ARB19-0048 517.40
26
SUNGARD PUBLIC SECTOR PAGE NUMBER: 2
DATE: 10/13/2022 CITY OF SARATOGA VENCHK11
TIME: 14:32:42 CHECK REGISTER ACCOUNTING PERIOD: 4/23
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
146124 11111 10/13/22 500 MAYURA JAYAM 68353 NBHD WATCH GRANT RMB 300.00
146125 11111 10/13/22 1164 MOUSER LAW FIRM 65273 FY22/23 AUG LEGAL SVC 175.00
146126 11111 10/13/22 110 NBS-GOVT FINANCE GROUP 71124 2022-Q4 ADMIN FEES 767.00
146127 11111 10/13/22 1745 ODP BUSINESS SOLUTIONS, L 61111 OFFICE SUPPLIES 62.17
146128 11111 10/13/22 1 OFF OF SHERIFF-FISCAL SVC 64811 SEP 22 SUP LAW ENFRCE 485.16
146129 11111 10/13/22 173 PACIFIC GAS & ELECTRIC 63111 EL CAMINO GRANDE PUMP 25.07
146129 11111 10/13/22 173 PACIFIC GAS & ELECTRIC 63111 PARKS/OPEN SPACE 2.60
TOTAL CHECK 27.67
146130 11111 10/13/22 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 112.01
146131 11111 10/13/22 1356 PETERSON POWER SYSTEMS, I 64519 GENERATOR SERVICES 3,380.71
146132 11111 10/13/22 1619 RICHARDSON CONSULTING 22119 ENV19-0005 SEP 6,370.00
146132 11111 10/13/22 1619 RICHARDSON CONSULTING 65411 SEP ADR PROJ REVIEWS 195.00
TOTAL CHECK 6,565.00
146133 11111 10/13/22 87 SAN JOSE WATER COMPANY 63112 12050 BROOKGLN DR 50% 209.17
146133 11111 10/13/22 87 SAN JOSE WATER COMPANY 63112 ARROYO DE SARATOGA 292.40
146133 11111 10/13/22 87 SAN JOSE WATER COMPANY 63112 BELLGROVE 8,228.34
146133 11111 10/13/22 87 SAN JOSE WATER COMPANY 63112 BONNET WAY 10% 60.02
146133 11111 10/13/22 87 SAN JOSE WATER COMPANY 63112 FREDERICKSBURG 82.06
146133 11111 10/13/22 87 SAN JOSE WATER COMPANY 63112 GATEWAY PROJECT 1,013.26
146133 11111 10/13/22 87 SAN JOSE WATER COMPANY 63112 GREENBRIAR 412.15
146133 11111 10/13/22 87 SAN JOSE WATER COMPANY 63112 LEUTAR CT 250.00
146133 11111 10/13/22 87 SAN JOSE WATER COMPANY 63112 MCCARTYSVILLE 25% 107.67
146133 11111 10/13/22 87 SAN JOSE WATER COMPANY 63112 PARAMOUNT COURT 82.06
146133 11111 10/13/22 87 SAN JOSE WATER COMPANY 63112 PARKS/OPEN SPACE 183.39
146133 11111 10/13/22 87 SAN JOSE WATER COMPANY 63112 PRIDES CROSSING 559.59
146133 11111 10/13/22 87 SAN JOSE WATER COMPANY 63112 MCCARTYSVILLE 358.03
146133 11111 10/13/22 87 SAN JOSE WATER COMPANY 63112 MEDIANS/PARKWAYS 1,294.10
146133 11111 10/13/22 87 SAN JOSE WATER COMPANY 63112 MED/PRKWYS 90% BONNET 540.21
146133 11111 10/13/22 87 SAN JOSE WATER COMPANY 63112 MED/PRKWYS 50% BRKGLN 209.17
146133 11111 10/13/22 87 SAN JOSE WATER COMPANY 63112 MED/MCCARTYSVLLE 75% 323.03
TOTAL CHECK 14,204.65
146134 11111 10/13/22 1 SANTA CLARA COUNTY - DTAC 62325 SEP HANDCAP CITATION 69.60
146134 11111 10/13/22 1 SANTA CLARA COUNTY - DTAC 62325 SEP PARKING CITATION 225.00
TOTAL CHECK 294.60
146135 11111 10/13/22 160 SIERRA PACIFIC TURF SUPPL 61341 LANDSCAPE SUPPLIES 2,602.24
146135 11111 10/13/22 160 SIERRA PACIFIC TURF SUPPL 61341 LANDSCAPE SUPPLIES 771.18
TOTAL CHECK 3,373.42
146136 11111 10/13/22 1690 SOUTHERN COUNTIES LUBRICA 61362 FUEL 3,904.36
146136 11111 10/13/22 1690 SOUTHERN COUNTIES LUBRICA 61362 FUEL 6,198.37
TOTAL CHECK 10,102.73
146137 11111 10/13/22 1564 SPECIFIED PLAY EQUIPMENT 81161 BEAUCHAMPS PLAYGROUND 11,417.79
146137 11111 10/13/22 1564 SPECIFIED PLAY EQUIPMENT 81161 BEAUCHAMPS PLAYGROUND 60,079.00
27
SUNGARD PUBLIC SECTOR PAGE NUMBER: 3
DATE: 10/13/2022 CITY OF SARATOGA VENCHK11
TIME: 14:32:42 CHECK REGISTER ACCOUNTING PERIOD: 4/23
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
146137 11111 10/13/22 1564 SPECIFIED PLAY EQUIPMENT 81161 BEAUCHAMPS PLAYGROUND 77,778.21
146137 11111 10/13/22 1564 SPECIFIED PLAY EQUIPMENT 81121 BEAUCHAMPS PLAYGROUND 119,062.79
TOTAL CHECK 268,337.79
146138 11111 10/13/22 1394 ST. FRANCIS ELECTRIC, LLC 64534 TS ON CALL SERVICES 2,180.00
146139 11111 10/13/22 1261 THE FRUITGUYS 61192 EMPLOYEE WELLNESS 158.00
146140 11111 10/13/22 1610 THE HOME DEPOT PRO 61132 JANITORIAL SUPPLIES -898.42
146140 11111 10/13/22 1610 THE HOME DEPOT PRO 61132 INTERNAL CORRECTION 898.42
146140 11111 10/13/22 1610 THE HOME DEPOT PRO 61132 JANITOR SUPPLIES 1,300.64
TOTAL CHECK 1,300.64
146141 11111 10/13/22 1773 TOBY BRENTON 66211 CALBO MILEAGE REIMB 208.26
146142 391 US BANK PURCHASING CARD P VOID: MULTI STUB CHECK
146143 391 US BANK PURCHASING CARD P VOID: MULTI STUB CHECK
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 61133 FACILITIES SUPPLIES 824.45
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 61361 AUTO PARTS 151.27
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 66211 LAW/ELECTION SEMINAR 500.00
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 66211 CPRS TRAINING 712.10
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 61341 LANDSCAPE SUPPLIES 315.50
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 64611 MAINTENANCE VEH 527.22
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 64221 VILLAGE LANDSCAPE RPR 177.08
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 62131 MARKETING EXPENSES 115.00
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 66111 MEETING EXPENSES 335.00
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 66112 MEETING EXPENSES 1,750.25
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 61111 OFFICE SUPPLIES 150.00
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 61111 OFFICE SUPPLIES 16.34
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 61278 SOFTWARE 474.83
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 68618 SOTC CITY EVENT 553.54
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 61162 TRAFFIC SAFETY COMM 498.44
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 64549 LANDSCAPE REPAIR 1,856.33
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 61341 LANDSCAPE SUPPLIES 25.22
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 61313 UNIFORM 340.55
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 61112 POSTAGE 8.09
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 66321 ORAL BOARD EXPENSES 117.36
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 61191 SAFETY GRANT SUPPLIES 1,178.10
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 61113 SUBSCRIPTION RENEWAL 217.16
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 61192 WELLNESS GRANT SUPPLY 459.26
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 64611 MAINTENANCE VEH 993.67
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 66111 MEETING EXPENSES 149.81
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 61111 OFFICE SUPPLIES 528.15
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 61165 YOUTH COMM SUPPLIES 170.94
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 64159 FINANCIAL SERVICES -309.00
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 66211 ICMA WEBINAR SUBSCRPT 695.00
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 64311 IT SERVICES 29.99
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 64134 GRAPHIC SERVICES 119.40
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 64136 PHOTOGRAPHY SERVICES 301.21
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 61164 CA PRESERVATION DUES 213.75
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 61111 OFFICE SUPPLIES 17.99
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 66211 APA CONFERENCE 175.00
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 61112 POSTAGE 15.70
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 61133 FACILITIES SUPPLIES 129.52
28
SUNGARD PUBLIC SECTOR PAGE NUMBER: 4
DATE: 10/13/2022 CITY OF SARATOGA VENCHK11
TIME: 14:32:42 CHECK REGISTER ACCOUNTING PERIOD: 4/23
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 61132 JANITORIAL SUPPLIES 2.99
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 81152 PORTA POTTY RENTAL -663.71
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 61112 POSTAGE 9.41
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 61313 UNIFORM 276.39
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 61361 AUTO PARTS 26.25
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 66111 MEETING EXPENSES 29.50
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 81121 STREET SUPPLIES 1,910.78
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 62112 PLUG N PLAY FEE 15.00
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 61113 2022 CA TITLE BOOKS 2,841.62
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 64323 LICENSES SUPPORT 54.00
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 66211 CALBO REGISTERATION 645.00
146144 11111 10/13/22 391 US BANK PURCHASING CARD P 81121 STREET SUPPLIES 137.55
TOTAL CHECK 19,819.00
146145 11111 10/13/22 391 US BANK PURCHASING CARD P 62171 WVCWP FUEL 46.42
146145 11111 10/13/22 391 US BANK PURCHASING CARD P 63213 WVCWP INTERNET 161.77
146145 11111 10/13/22 391 US BANK PURCHASING CARD P 64311 WVCWP IT SERVICES 30.00
146145 11111 10/13/22 391 US BANK PURCHASING CARD P 66111 WVCWP MEETING EXPENSE 54.99
146145 11111 10/13/22 391 US BANK PURCHASING CARD P 61171 WVCWP OFFICE EQUIPMEN 40.85
146145 11111 10/13/22 391 US BANK PURCHASING CARD P 61111 WVCWP OFFICE SUPPLIES 7.98
146145 11111 10/13/22 391 US BANK PURCHASING CARD P 63211 WVCWP PHONE BILL 283.64
146145 11111 10/13/22 391 US BANK PURCHASING CARD P 61112 WVCWP POSTAGE 8.50
TOTAL CHECK 634.15
146146 11111 10/13/22 500 VICTOR WONG 22113 REF DEP BD ARB21-0031 2,350.00
146147 11111 10/13/22 500 VIRAG KHARA 22111 REF DEP ARB20-0006 121.50
146148 11111 10/13/22 1678 WILINE NETWORKS INC. 63213 ISP ANNUAL SERVICES 1,402.52
TOTAL FUND 381,356.07
TOTAL REPORT 381,356.07
29
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 10/19/2022 CITY OF SARATOGA VENCHK11
TIME: 18:24:56 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 4/23
FUND FUND TITLE AMOUNT
111 GENERAL FUND 728,066.55
411 CIP STREET PROJECTS FUND 6,064.29
413 CIP FACILITY PROJECT FUND 1,667.50
414 CIP ADMIN PROJECTS FUND 217.25
481 GAS TAX FUND 1,210,196.63
612 WORKERS COMP FUND 158.00
621 OFFICE SUPPORT 181.28
622 IT SERVICES 5,387.84
623 VEHICLE & EQUIPMENT MAINT 1,645.12
624 BUILDING MAINTENANCE 2,059.54
713 WVCWP AGENCY FUND 5,286.50
TOTAL REPORT 1,960,930.50
30
SUNGARD PUBLIC SECTOR PAGE NUMBER: 1
DATE: 10/19/2022 CITY OF SARATOGA VENCHK11
TIME: 18:23:13 CHECK REGISTER ACCOUNTING PERIOD: 4/23
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
146149 11111 10/19/22 1422 4LEAF INC. 44491 PLAN CHECK#20-1983 310.00
146149 11111 10/19/22 1422 4LEAF INC. 44491 PLAN CHECK#22-1308 1,116.12
146149 11111 10/19/22 1422 4LEAF INC. 44491 PLAN CHECK#22-1552 1,198.93
146149 11111 10/19/22 1422 4LEAF INC. 44491 PLAN CHECK#22-1589 2,523.66
146149 11111 10/19/22 1422 4LEAF INC. 44491 PLAN CHECK#22-1590/91 4,195.74
146149 11111 10/19/22 1422 4LEAF INC. 44491 PLAN CHECK#22-1587/88 1,126.31
146149 11111 10/19/22 1422 4LEAF INC. 44491 PLAN CHECK#22-1565/66 4,246.47
146149 11111 10/19/22 1422 4LEAF INC. 44491 PLAN CHECK#22-1568/69 2,015.71
146149 11111 10/19/22 1422 4LEAF INC. 44491 PLAN CHECK#22-1637 2,241.79
146149 11111 10/19/22 1422 4LEAF INC. 44491 PLAN CHECK#22-1638 4,741.50
146149 11111 10/19/22 1422 4LEAF INC. 44491 PLAN CHECK#22-1639 1,992.13
146149 11111 10/19/22 1422 4LEAF INC. 44491 PLAN CHECK#22-1598 2,622.98
146149 11111 10/19/22 1422 4LEAF INC. 44491 PLAN CHECK#22-1454 651.11
146149 11111 10/19/22 1422 4LEAF INC. 44491 PLAN CHECK#22-1453 2,287.43
146149 11111 10/19/22 1422 4LEAF INC. 44491 PLAN CHECK#22-1435 1,061.97
146149 11111 10/19/22 1422 4LEAF INC. 44491 PLAN CHECK#22-1532 1,208.48
146149 11111 10/19/22 1422 4LEAF INC. 44491 PLAN CHECK#22-1531 4,164.71
146149 11111 10/19/22 1422 4LEAF INC. 44491 PLAN CHECK#22-1530 657.48
146149 11111 10/19/22 1422 4LEAF INC. 44491 PLAN CHECK#22-1502 2,461.91
146149 11111 10/19/22 1422 4LEAF INC. 44491 PLAN CHECK#22-1542 2,499.50
TOTAL CHECK 43,323.93
146150 11111 10/19/22 234 A T & T 63211 GATEWAY IRRIGATION 24.87
146150 11111 10/19/22 234 A T & T 63211 ELEC PANEL CVC THTER 24.87
146150 11111 10/19/22 234 A T & T 63211 PHONE LNS PARKS/LIB 25.43
146150 11111 10/19/22 234 A T & T 63211 EMER POTS LINE 24.87
146150 11111 10/19/22 234 A T & T 63211 EMER POT LN CDD LBBY 24.87
146150 11111 10/19/22 234 A T & T 63211 EMER POTS LN VM 30.03
146150 11111 10/19/22 234 A T & T 63211 AM 1610 RADIO 24.87
146150 11111 10/19/22 234 A T & T 63211 BOOK GO ROUND ALARM 48.73
146150 11111 10/19/22 234 A T & T 63211 CSP HVB FOR IRR 49.18
TOTAL CHECK 277.72
146151 11111 10/19/22 35 ACCENT GRAPHICS 61111 OFFICE SUPPLIES 40.47
146152 11111 10/19/22 1187 ASSOCIATED SERVICES COMPA 61133 FACILITIES SUPPLIES 338.80
146153 11111 10/19/22 1447 BP-PAK, INC. 81161 JPCC TEMPORARY FENCE 1,667.50
146154 11111 10/19/22 247 CA DEPARTMENT OF CONSERVA 43476 22/23 Q1 COM SIMP FEE 269.50
146154 11111 10/19/22 247 CA DEPARTMENT OF CONSERVA 43477 22/23 Q1 RES SMIP FEE 3,741.46
TOTAL CHECK 4,010.96
146155 11111 10/19/22 188 CITY OF CAMPBELL 62624 WVCWP 22/23 NOV LEASE 1,910.00
146156 11111 10/19/22 937 CITY OF SARATOGA 65134 WVCWP JUL-SEP STF SRV 3,376.50
146157 11111 10/19/22 1152 CORODATA RECORDS MANAGEME 62631 SEP RECORDS STORAGE 181.28
146158 11111 10/19/22 250 COTTON SHIRES AND ASSOCIA 22119 GEO20-0004 (S6050) 943.00
146158 11111 10/19/22 250 COTTON SHIRES AND ASSOCIA 22119 GEO21-0006 (S6141) 455.00
146158 11111 10/19/22 250 COTTON SHIRES AND ASSOCIA 22119 GEO21-0041 (S6162) 1,889.00
146158 11111 10/19/22 250 COTTON SHIRES AND ASSOCIA 22119 GEO22-0023 (S6172) 2,352.75
146158 11111 10/19/22 250 COTTON SHIRES AND ASSOCIA 22119 GEO22-0024 (S6182) 1,387.00
TOTAL CHECK 7,026.75
31
SUNGARD PUBLIC SECTOR PAGE NUMBER: 2
DATE: 10/19/2022 CITY OF SARATOGA VENCHK11
TIME: 18:23:13 CHECK REGISTER ACCOUNTING PERIOD: 4/23
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
146159 11111 10/19/22 500 DEAN HARRIS 22113 REF DEP BD ARB21-0015 22,140.00
146159 11111 10/19/22 500 DEAN HARRIS 22111 REF DEP GEO18-0022 1,376.47
146159 11111 10/19/22 500 DEAN HARRIS 22111 REF DEP GEO21-0025 2,929.40
146159 11111 10/19/22 500 DEAN HARRIS 22111 REF DEP SUB18-0002 6,949.58
TOTAL CHECK 33,395.45
146160 11111 10/19/22 1372 DICK'S AUTOMOTIVE TRANSPO 64611 MAINTENANCE VEH 158.00
146161 11111 10/19/22 454 GACHINA LANDSCAPE MANAGEM 64549 LANDSCAPE IRR REPAIR 565.98
146162 11111 10/19/22 455 GARDENLAND POWER EQUIPMEN 61341 LANDSCAPE SUPPLIES 1,826.73
146162 11111 10/19/22 455 GARDENLAND POWER EQUIPMEN 61341 LANDSCAPE SUPPLIES 66.42
TOTAL CHECK 1,893.15
146163 11111 10/19/22 1608 GREEN HALO SYSTEMS INC. 64323 AUG TRACKING FEE 192.00
146163 11111 10/19/22 1608 GREEN HALO SYSTEMS INC. 64323 SEP TRACKING FEE 192.00
146163 11111 10/19/22 1608 GREEN HALO SYSTEMS INC. 64323 OCT TRACKING FEE 192.00
TOTAL CHECK 576.00
146164 11111 10/19/22 61 INTERSTATE BATTERY SYSTEM 61361 AUTO PARTS 137.26
146165 11111 10/19/22 63 INTERSTATE TRAFFIC CONTRO 81121 STREET SUPPLIES 194.69
146166 11111 10/19/22 929 KOPPEL & GRUBER PUBLIC FI 65514 L&L ADMIN SVC JUL-SEP 2,250.19
146167 11111 10/19/22 1750 MARIO TOPETE TREE CARE, I 64581 QUITO/SOUZA TR MAINT 1,870.00
146167 11111 10/19/22 1750 MARIO TOPETE TREE CARE, I 64544 COX/SARA TREE MAINT 1,750.00
TOTAL CHECK 3,620.00
146168 11111 10/19/22 1164 MOUSER LAW FIRM 65273 FY22/23 SEP LEGAL SVC 1,155.00
146169 11111 10/19/22 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,484.00
146170 11111 10/19/22 1324 READYREFRESH 62614 DRINKING WATER SVC 132.10
146171 11111 10/19/22 1745 ODP BUSINESS SOLUTIONS, L 61111 OFFICE SUPPLIES 72.24
146171 11111 10/19/22 1745 ODP BUSINESS SOLUTIONS, L 61111 OFFICE SUPPLIES 155.50
TOTAL CHECK 227.74
146172 11111 10/19/22 1 OFF OF SHERIFF-FISCAL SVC 64811 OCT 2022 LAW ENFORCE 612,754.50
146173 11111 10/19/22 777 O'GRADY PAVING, INC. 81161 2022 PAVEMENT MGMT 1,273,891.20
146173 11111 10/19/22 777 O'GRADY PAVING, INC. 21132 RETENTION HELD PO#095 -63,694.57
TOTAL CHECK 1,210,196.63
146174 11111 10/19/22 173 PACIFIC GAS & ELECTRIC 63111 CITYWIDE STREETLIGHTS 22.56
146174 11111 10/19/22 173 PACIFIC GAS & ELECTRIC 63111 PUB LIB/LNDSCP LIGHTS 24.64
146174 11111 10/19/22 173 PACIFIC GAS & ELECTRIC 63111 VILLAGE LIGHTING 490.88
TOTAL CHECK 538.08
146175 11111 10/19/22 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 57.13
146175 11111 10/19/22 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 33.19
146175 11111 10/19/22 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 22.86
TOTAL CHECK 113.18
146176 11111 10/19/22 500 RAJEEV GURNANI 22111 REF DEP ARB20-0061 28.18
32
SUNGARD PUBLIC SECTOR PAGE NUMBER: 3
DATE: 10/19/2022 CITY OF SARATOGA VENCHK11
TIME: 18:23:13 CHECK REGISTER ACCOUNTING PERIOD: 4/23
FUND - 009 - DISBURSEMENT FUND
CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT
146176 11111 10/19/22 500 RAJEEV GURNANI 22113 REF DEP BD ARB20-0061 5,500.00
146176 11111 10/19/22 500 RAJEEV GURNANI 22111 REF DEP ARB22-0028 1,110.51
TOTAL CHECK 6,638.69
146177 11111 10/19/22 87 SAN JOSE WATER COMPANY 63112 PARKS/OPEN SPACE 837.13
146178 11111 10/19/22 136 SCOTTY'S AUTOMOTIVE 64611 MAINTENANCE VEH#113 1,208.84
146178 11111 10/19/22 136 SCOTTY'S AUTOMOTIVE 64611 MAINTENANCE VEH#140 141.02
TOTAL CHECK 1,349.86
146179 11111 10/19/22 149 SIERRA DISPLAY INC 64537 LIGHT LED STRING 72.02
146179 11111 10/19/22 149 SIERRA DISPLAY INC 64537 LIGHT LED STRING 427.77
TOTAL CHECK 499.79
146180 11111 10/19/22 500 SIRIPURAPU TARAKA 43471 PERMIT 22-0312 CANCEL 1,236.20
146180 11111 10/19/22 500 SIRIPURAPU TARAKA 41511 PERMIT 22-0312 CANCEL 259.00
146180 11111 10/19/22 500 SIRIPURAPU TARAKA 43412 PERMIT 22-0312 CANCEL 266.47
146180 11111 10/19/22 500 SIRIPURAPU TARAKA 41412 PERMIT 22-0312 CANCEL 347.19
146180 11111 10/19/22 500 SIRIPURAPU TARAKA 43112 PERMIT 22-0312 CANCEL 1.50
146180 11111 10/19/22 500 SIRIPURAPU TARAKA 21932 PERMIT 22-0312 CANCEL 3.74
146180 11111 10/19/22 500 SIRIPURAPU TARAKA 43477 PERMIT 22-0312 CANCEL 12.16
146180 11111 10/19/22 500 SIRIPURAPU TARAKA 43117 PERMIT 22-0312 CANCEL 20.00
TOTAL CHECK 2,146.26
146181 11111 10/19/22 1394 ST. FRANCIS ELECTRIC, LLC 64537 BELLGROVE SL REPAIR 887.00
146182 11111 10/19/22 1453 SUPERION, LLC 64312 OCT ASP SERVICES 5,281.50
146182 11111 10/19/22 1453 SUPERION, LLC 64311 FINANCIAL UPGRADE SEP 945.00
TOTAL CHECK 6,226.50
146183 11111 10/19/22 1670 SYL CONSTRUCTION INC. 81161 CURB REPAIRS 5,869.60
146184 11111 10/19/22 1261 THE FRUITGUYS 61192 EMPLOYEE WELLNESS 158.00
146185 11111 10/19/22 343 TMT ENTERPRISES INC 61341 REDWOOD SAWDUST 54.69
146185 11111 10/19/22 343 TMT ENTERPRISES INC 61341 RECREATION LNDSCP SPP 940.44
TOTAL CHECK 995.13
146186 11111 10/19/22 395 VERIZON WIRELESS 63212 ADMIN SERVICES 50.57
146186 11111 10/19/22 395 VERIZON WIRELESS 63212 BUILDING & INSPECTION 153.43
146186 11111 10/19/22 395 VERIZON WIRELESS 63212 GENERAL ENGINEERING 218.65
146186 11111 10/19/22 395 VERIZON WIRELESS 63212 IT SERVICES 106.34
146186 11111 10/19/22 395 VERIZON WIRELESS 63212 PARKS 78.48
146186 11111 10/19/22 395 VERIZON WIRELESS 63212 STREETS 73.46
TOTAL CHECK 680.93
146187 11111 10/19/22 1571 WORKTERRA 64163 SEP FLEX ADM FEES 200.00
146188 11111 10/19/22 500 Y. TOM TANG 44445 REF DEP VAR21-0005 2,700.00
146188 11111 10/19/22 500 Y. TOM TANG 43116 REF DEP VAR21-0005 195.75
TOTAL CHECK 2,895.75
TOTAL FUND 1,960,930.50
TOTAL REPORT 1,960,930.50
33
SARATOGA CITY COUNCIL
MEETING DATE:November 2,2022
DEPARTMENT:Administrative Services
PREPARED BY:Ann Xu, Accountant
Agnes Pabis, Finance Manager
SUBJECT:Treasurer’s Report for the Month Ended September 30, 2022
RECOMMENDED ACTION:
Review and accept the Treasurer’s Report for the month ended September 30, 2022.
BACKGROUND:
California government code section 41004 requires that the City Treasurer submits to the City
Clerk and the legislative body a written report and accounting of all receipts, disbursements, and
fund balances. The Municipal Code of the City of Saratoga, Article 2-20, Section 2-20.035
designates the City Manager as the City Treasurer. This report is prepared to fulfill this
requirement.
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 the present.
FISCAL STATEMENT:
Cash and Investments Balance by Fund
As of September 30, 2022, the City’s unaudited cash and investments totaled $36,892,523. The
City Council’s adopted policy on the Working Capital Reserve Fund states that effective July 1,
2016: for cash flow purposes and to avoid the occurrence of dry period financing, pooled cash
from all funds should not be allowed to fall below $1,000,000. The total pooled cash balance of
$36.9 million exceeds the minimum amount required.
Comerica Bank 2,386,824$
Deposit with LAIF 34,505,699$
Total Cash 36,892,523$
Cash Summary
34
City’s Current Financial Position
In accordance with California government code section 53646 (b) (3), the City is financially well
positioned and able to meet its estimated expenditure requirements for the next six months. As of
September 30, 2022, the City’s financial position (Assets $38.0M, Liabilities $4.7M, and Fund
Equity $33.3M) remains very strong and there are no issues in meeting financial obligations now
or in the foreseeable future.
The following Fund Balance schedule represents actual funding available for all funds at the end
of the monthly period. This amount differs from the above Cash Summary schedule as assets
and liabilities are components of the fund balance. As illustrated in the summary below, Total
Cash is adjusted by the addition of Total Assets less the amount of Total Liabilities to arrive at
the Ending Fund Balance –which represents the actual amount of funds available.
ATTACHMENTS:
Table 1 – Change in Total Fund Balances by Fund
Table 2 – Change in Total Fund Balances by CIP Project
Chart 1 – Change in Investment Pool Balance by Month
Chart 2 – Local Agency Investment Fund (LAIF) Quarterly Apportionment Rates
"+
Total Cash 36,892,523$
Plus: Assets 1,109,510
Less: Liabilities (4,749,510)
Ending Fund Balance 33,252,523$
Adjusting Cash to Ending Fund Balance
35
TABLE 1: CHANGES IN TOTAL FUND BALANCE
*Negative fund balance due to authorized spending of anticipated revenues
These figures will be updated for future reports once the FY 2017/18 pendent audit is co
Fund Description
Prior Year
Carryforward
7/1/2022
Increase/
(Decrease)
Jul - Aug
Current
Revenue
Current
Expenditure
Transfer
In
Transfer
Out
Fund Balance
9/30/2022
General Fund
Restricted Fund Balances:
Environmental Services Reserve 63,182 - - - - - 63,182
Committed Fund Balances:
Hillside Stability Reserve 1,000,000 - - - - - 1,000,000
Assigned Fund Balances:
Future Capital Replacement & Efficiency Project Reserve 2,796,663 - - - - - 2,796,663
Carryforwards Reserve 20,850 - - - - - 20,850
Facility Reserve 3,700,000 - - - - - 3,700,000
Unassigned Fund Balances:
Working Capital Reserve 1,000,000 - - - - - 1,000,000
Fiscal Stabilization Reserve 3,150,000 - - - - - 3,150,000
Compensated Absences Reserve 331,481 - - - - - 331,481
Other Unassigned Fund Balance Reserve (Pre YE distribution)3,348,282 (982,853) 1,076,548 (4,022,066) - (580,088) *
General Fund Total 15,410,458 (982,853) 1,076,548 (4,022,066) - - 11,482,088
Special Revenue
Landscape/Lighting Districts 977,231 (15,900) 3,250 (45,156) - - 919,426
ARPA Federal Grants 7,127,589 - - - - - 7,127,589
Special Revenue Fund Total 8,104,820 (15,900) 3,250 (45,156) - - 8,047,015
Debt Service
Library Bond 805,311 (711,581) 1,398 (750) - - 94,378
Arrowhead Bond 481,242 (69,541) - - - - 411,701
Debt Service Fund Total 1,286,554 (781,122) 1,398 (750) - - 506,079
Internal Service Fund
Liability/Risk Management 641,403 (766,430) 186,316 (7,947) - - 53,342
Workers Compensation 232,829 (56,616) 62,105 (5,716) - - 232,602
Office Support Fund 155,443 (988) 9,549 (4,489) - - 159,516
Information Technology Services 661,159 (129,635) 200,356 (76,975) - - 654,906
Vehicle & Equipment Maintenance 278,317 (26,007) 68,316 (24,463) - - 296,163
Building Maintenance 764,302 (82,904) 229,119 (115,372) - - 795,145
Vehicle & Equipment Replacement 1,201,979 - 37,263 (12,526) - - 1,226,716
Technology Replacement 798,337 - 37,263 - - - 835,600
Facility FFE Replacement 1,012,136 - 49,684 (3,350) - - 1,058,471
Internal Service Fund Total 5,745,905 (1,062,580) 879,971 (250,836) - - 5,312,461
Trust/Agency
WVCWP Agency Fund 558,655 (70,998) 322,776 (54,515) - - 755,917
Trust/Agency Fund Total 558,655 (70,998) 322,776 (54,515) - - 755,917
Capital Project
Street Projects 3,381,066 (338,760) 37,901 (131,372) - - 2,948,836
Park and Trail Projects 849,562 (4,143) - 2,320 - - 847,738
Facility Projects 623,475 (49,186) - (106,518) - - 467,771
Administrative Projects 1,429,921 14,958 6,220 (71,473) - - 1,379,626
Tree Fund Projects 52,541 - - - - - 52,541
Park In-Lieu Projects 1,172,555 - 31,343 (1,245) - - 1,202,653
CIP Grant Street Projects (46,912) - - (2,131) - - (49,043) *
CIP Grant Park & Trail Projects - 100,000 - - - - 100,000
CIP Grant Administrative Projects (164,574) - - - - - (164,574) *
CIP Grant ARPR/SLFRF Projects - (142,725) - - - - (142,725) *
Gas Tax Fund Projects 247,731 126,140 132,270 - - - 506,140
CIP Fund Total 7,545,366 (293,717) 207,734 (310,419) - - 7,148,964
Total City 38,651,757 (3,207,170) 2,491,678 (4,683,742) - - 33,252,523
36
TABLE 2: FUND BALANCES BY CIP PROJECT
*Negative fund balance due to authorized spending of anticipated revenues
budgeted be updated for future re
CIP Funds/Projects
Prior Year
Carryforward
7/1/2022
Increase/
(Decrease)
Jul - Aug
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
9/30/2022
Street Projects
Annual Road Improvements 1,009,556 (63,588) 37,901 (112,285) - - 871,585
Roadway Safety & Traffic Calming 147,118 - - - - - 147,118
Citywide Traffic Signal Battery Backup 266,315 - - - - - 266,315
Portable Radar Feedback Sign 1,548 - - - - - 1,548
Local Roadway Safety Plan 3,410 - - (237) - - 3,173
Prospect/Saratoga Median Improvement 309,379 - - - - - 309,379
Village Clock 8,626 (6,066) - - - - 2,560
Big Basin Way/Blaney Trash Can Replacement 50,802 - - - - - 50,802
Annual Infrastructure Maintenance & Repairs 41,431 (13,705) - - - - 27,726
Guava Court Curb & Gutter Replacement 280,000 - - - - - 280,000
El Camino Grande Storm Drain Pump 104 - - - - - 104
Saratoga Village Crosswalk & Sidewalk Rehabilitation 49,055 (1,052) - - - - 48,004
Quito Road Sidewalk Improvements 43,370 - - - - - 43,370
Saratoga/Sunnyvale Road Sidewalk 92,158 - - - - - 92,158
Quito Road Sidewalk Rehabilitation and Gap Closure 182,609 - - - - - 182,609
Fourth Street Bridge Widening 99,837 - - - - - 99,837
Quito Road Bridge Replacement 132,197 - - - - - 132,197
Quito Road Bridge - ROW Acquisition 3,662 - - - - - 3,662
Annual Retaining Wall Maintenance & Repairs 222,450 - - 3,209 - - 225,660
Mt. Eden Erosion Repair 59,622 - - (3,209) - - 56,412
Continental Circle Landslide Stabilization 57,447 - - - - - 57,447
Pierce Road Retainment 300,290 (254,350) - (18,850) - - 27,090
Mt. Eden Emergency Landslide 20,080 - - - - - 20,080
Total Street Projects 3,381,066 (338,760) 37,901 (131,372) - - 2,948,836
Parks & Trails Projects
Park/Trail Repairs 32,873 - - - - - 32,873
Hakone Gardens Infrastructure Improvements 16,599 (2,320) - 2,320 - - 16,599
Hakone Pond Reconstruction 300,000 - - - - - 300,000
Beauchamps Park Playground Replacement 35,131 - - - - - 35,131
Guava/Fredericksburg Entrance 235,970 (1,824) - - - - 234,146
Saratoga Village to Quarry Park Walkway - Design 228,989 - - - - - 228,989
Total Parks & Trails Projects 849,562 (4,143) - 2,320 - - 847,738
Facility Projects
Open Work Space 80,000 - - - - - 80,000
Civic Theater Improvements - 4,458 - - - - 4,458
PEG Funded Project 113,650 - - - - - 113,650
Community Center Improvement 24,513 (2,611) - (741) - - 21,162
Community Center Generator and EV Charging Stations 395,312 (51,033) - (105,778) - - 238,501
Library Building Exterior Maintenance 10,000 - - - - - 10,000
Total Facility Projects 623,475 (49,186) - (106,518) - - 467,771
Administrative and Technology Projects
Safe Routes to School - - - (1,245) - - (1,245) *
City Website/Intranet 16,948 - - - - - 16,948
Development Technology 20,538 345 207 - - - 21,090
Software Technology Management 118,695 14,903 6,013 - - - 139,611
LLD Initiation Match Program 25,000 - - - - - 25,000
Horseshoe Beautification 13,295 (290) - - - - 13,005
Business Renewal Program 6,643 - - - - - 6,643
Citywide Accessibility Assessment 28,066 - - - - - 28,066
City Art Program 53,669 - - - - - 53,669
Safe Routes to School Needs Assessment 15,748 - - - - - 15,748
El Quito Neighborhood Improvements 284,507 - - - - - 284,507
Parking District ADA Improvements and Rehabilitation 250,000 - - - - - 250,000
Storm Drain Master Plan 300,000 - - - - - 300,000
General Plan Update 238,592 - - (70,228) - - 168,364
Wildfire Mitigation Program 4,067 - - - - - 4,067
Risk Management Project Funding 54,153 - - - - - 54,153
Total Administrative and Technology Projects 1,429,921 14,958 6,220 (71,473) - - 1,379,626
37
TABLE 2 (cont.): FUND BALANCES BY CIP PROJECT
*Negative fund balance due to authorized spending of anticipated revenues
CIP Funds/Projects
Prior Year
Carryforward
7/1/2022
Increase/
(Decrease)
Jul - Aug
Current
Revenue
Current
Expenditure Transfer In Transfer Out
Fund Balance
9/30/2022
Tree Fund Projects
Citywide Tree Planting Program 26,666 - - - - - 26,666
Tree Dedication Program 25,875 - - - - - 25,875
Total Tree Fund Projects 52,541 - - - - - 52,541
Park In-Lieu Projects
Orchard Irrigation & Tree Planting 10,947 - - - - - 10,947
Hakone Gardens Infrastructure 82,420 - - - - - 82,420
Beauchamps Park Playground Replacement 10,079 - - - - - 10,079
Joe's Trail Phase II - - - (1,245) - - (1,245) *
Trail Pet Stations 25,000 - - - - - 25,000
Saratoga Village to Quarry Park Walkway - Design 73,810 - - - - - 73,810
Unallocated Park In-Lieu Funds 970,299 - 31,343 - - - 1,001,642
Total Park In-Lieu Projects 1,172,555 - 31,343 (1,245) - - 1,202,653
CIP Grant Street Projects
Local Roadway Safety Plan (1,619) - - (2,131) - - (3,750) *
Prospect/Saratoga Median Improvement (19,217) - - - - - (19,217) *
Citywide Signal Upgrade II 18 - - - - - 18
Saratoga Ave Sidewalk (34,146) - - - - - (34,146) *
Village Sidewalk, Curb & Gutter - Phase II Construction (91) - - - - - (91) *
Saratoga Village Crosswalk & Sidewalk Rehabilitation (834) - - - - - (834) *
Quito Bridge Replacement 18,596 - - - - - 18,596
Quito Road Bridges - ROW Acquisition (9,619) - - - - - (9,619) *
Total CIP Grant Street Projects (46,912) - - (2,131) - - (49,043)
CIP Grant Park & Trail Projects
Park and Trail Fire Mitigation - 100,000 - - - - 100,000
Total CIP Grant Park & Trail Projects - 100,000 - - - - 100,000
CIP Grant Administrative Projects
CDD Software/ADA (14,574) - - - - - (14,574) *
General Plan Update (LEAP)(150,000) - - - - - (150,000) *
Total CIP Grant Administrative Projects (164,574) - - - - - (164,574)
CIP Grant ARPA/SLFRF Projects
Storm Water Master Plan - (88,055) - - - - (88,055) *
Saratoga Village Water Improvement - (54,670) - - - - (54,670) *
Total CIP Grant ARPA/SLFRF Projects - (142,725) - - - - (142,725)
Gas Tax Fund Projects
Annual Roadway Improvements 194,170 126,140 132,270 - - - 452,579
Prospect/Saratoga Median Improvements 48,278 - - - - - 48,278
Big Basin Way Sidewalk Repairs (1,802) - - - - - (1,802) *
Quito Road Bridges 7,085 - - - - - 7,085
Total Gas Tax Fund Projects 247,731 126,140 132,270 - - - 506,140
Total CIP Funds 7,545,366 (293,717) 207,734 (310,419) - - 7,148,964
38
CHART 1: CHANGE IN INVESTMENT POOL BALANCE BY MONTH
39
CHART 2
March June September December
1977 5.68 5.78 5.84 6.45
1978 6.97 7.35 7.86 8.32
1979 8.81 9.10 9.26 10.06
1980 11.11 11.54 10.01 10.47
1981 11.23 11.68 12.40 11.91
1982 11.82 11.99 11.74 10.71
1983 9.87 9.64 10.04 10.18
1984 10.32 10.88 11.53 11.41
1985 10.32 9.98 9.54 9.43
1986 9.09 8.39 7.81 7.48
1987 7.24 7.21 7.54 7.97
1988 8.01 7.87 8.20 8.45
1989 8.76 9.13 8.87 8.68
1990 8.52 8.50 8.39 8.27
1991 7.97 7.38 7.00 6.52
1992 5.87 5.45 4.97 4.67
1993 4.64 4.51 4.44 4.36
1994 4.25 4.45 4.96 5.37
1995 5.76 5.98 5.89 5.76
1996 5.62 5.52 5.57 5.58
1997 5.56 5.63 5.68 5.71
1998 5.70 5.66 5.64 5.46
1999 5.19 5.08 5.21 5.49
2000 5.80 6.18 6.47 6.52
2001 6.16 5.32 4.47 3.52
2002 2.96 2.75 2.63 2.31
2003 1.98 1.77 1.63 1.56
2004 1.47 1.44 1.67 2.00
2005 2.38 2.85 3.18 3.63
2006 4.03 4.53 4.93 5.11
2007 5.17 5.23 5.24 4.96
2008 4.18 3.11 2.77 2.54
2009 1.91 1.51 0.90 0.60
2010 0.56 0.56 0.51 0.46
2011 0.51 0.48 0.38 0.38
2012 0.38 0.36 0.35 0.32
2013 0.28 0.24 0.26 0.26
2014 0.24 0.22 0.24 0.25
2015 0.26 0.28 0.32 0.37
2016 0.46 0.55 0.60 0.68
2017 0.78 0.92 1.07 1.20
2018 1.51 1.90 2.16 2.40
2019 2.55 2.57 2.45 2.29
2020 2.03 1.36 0.84 0.63
2021 0.44 0.33 0.24 0.23
2022 0.32 0.75 1.35
Quarterly Apportionment Rates
Local Agency Investment Fund
40
SARATOGA CITY COUNCIL
MEETING DATE:November 2,2022
DEPARTMENT:City Manager’s Department
PREPARED BY:Britt Avrit, MMC, City Clerk
SUBJECT:Reconsider and confirm findings pursuant to Assembly Bill 361
RECOMMENDED ACTION:
Reconsider and confirm findings pursuant to Assembly Bill 361 of the continued public health
officials’ recommendation to social distance and to therefore continue providing members of City
of Saratoga Brown Act bodies with the option to attend meetings by teleconference.
BACKGROUND:
On October 20, 2021 the City Council adopted a Resolution that enabled the City Council and
all legislative bodies of the City to continue to meet remotely in accordance with AB 361.
This state law waives standard teleconference requirements under the Brown Act and allows
cities to meet remotely based on a state of emergency proclaimed by the Governor when the
city determines that either: 1) state or local public health officials have required or recommend
social distancing; or 2) the emergency continues to directly impact the ability to meet safely
in person. On October 5, 2022, the City Council voted to allow members of the City Council,
Commissions, and public to participate in meetings in person or remotely starting with the
November 2, 2022 City Council Regular Session.
Pursuant to AB 361, the City Council must reaffirm AB 361 findings every 30 days to provide
City Council and Commission Members with the option to attend meetings virtually.City of
Saratoga Brown Act bodies may continue to meet virtually under the streamlined rules of AB 361
if the emergency declaration expires so long as social distancing continues to be required or
recommended by a state or local public health official, and if the City Council has taken action to
reconfirm findings pursuant to AB 361. If the City Council does not continue to reconfirm the
findings pursuant to AB 361, and if the Governor’s emergency declaration expires, the members
of the City’s Brown Act bodies will not have the option to participate in meetings virtually under
the streamlined rules of AB 361 unless a new emergency declaration is proclaimed by the
Governor.
ATTACHMENTS:
Attachment A –Resolution 21-073 authorizing teleconferenced public meetings
41
42
43
SARATOGA CITY COUNCIL
MEETING DATE:November 2, 2022
DEPARTMENT:Community Development Department
PREPARED BY:David Dorcich, Associate Engineer
SUBJECT:Quito Village Final Map for One Lot With 90 Condominiums Located at
18764 Cox Avenue
RECOMMENDED ACTION:
Move to adopt Resolution granting final map approval of parcel map application No. MAP 22-
0001 for one lot located at 18764 Cox Avenue (APN 389-12-020).
BACKGROUND:
Attached is a Resolution, which, if adopted, will grant final approval for a one lot Parcel Map
located at 18764 Cox Avenue (APN 389-12-020). This map is for the dedication of reciprocal
access, sanitary sewer, storm drain, emergency vehicle access and open space easements to the
City for the residential portion of the Quito Village Development project which consists of one lot
with 90 condominiums.The City Engineer has examined the final map and related documents
submitted to the City in accordance with the provisions of Section 14.40.020 of the Municipal
Code and it was determined that:
1.The Subdivision Map Act, the City's Subdivision Ordinance and all other applicable
provisions of law have been complied with.
2.The final map is technically correct.
Consequently, the City Engineer’s certificate has been executed on the final map and the final map
has been filed with the City Clerk pursuant to Section 14.40.040 of the Municipal Code for action
by the City Council.
ATTACHMENTS:
Attachment A -Resolution Granting Final Map Approval
Attachment B -Site Map
Attachment C -Parcel Map 389 12 020
44
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SARATOGA
APPROVING THE FINAL MAP OF APPLICATION NO. MAP 22-0001
18764 COX AVENUE (APN 389 12 020)
The City Council of the City of Saratoga hereby resolves as follows:
SECTION 1: That certain Parcel Map prepared by Civil Engineering Associates., dated
September 2022, and filed with the City Clerk of the City of Saratoga on
September 30, 2022 is approved as ONE (1) individual lot. The City Manager
is authorized to take action required to record the Parcel Map.
SECTION 2:All streets and easements shown on said map and offered for dedication to
public use are hereby accepted on behalf of the public and the City Manager is
authorized to execute documents necessary to establish this acceptance.
The above and foregoing resolution was passed and adopted at a regular meeting of the Saratoga
City Council held on the 2nd day of November 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Tina Walia, Mayor
ATTEST:
____________________________
Britt Avrit, City Clerk
1580018.1
45
100
Site Map
The map is intended for reference purposes only and the City and its staff is not responsible for errors.
200
WGS_1984_Web_Mercator_Auxiliary_Sphere
Owner: Pulte Home Company, LLC
Applicant: Pulte Home Company, LLC
Meeting Date: November 2, 2022
Feet2000
46
PARCEL MAP
Civil
Engineering
Associates
••
47
SEE SHEET 4SEE SHEET 3 MATCH LINEMAP REFERENCES
NOTES
BASIS OF BEARINGS
PARCEL MAP
Civil
Engineering
Associates
••
ABBREVIATIONS LEGEND
48
MATCH LINE SEE SHEET 4NOTES
BASIS OF BEARINGS
PARCEL MAP
Civil
Engineering
Associates
••
ABBREVIATIONS
LEGEND
DETAIL A
DETAIL C
DETAIL B
49
MATCH LINE SEE SHEET 3NOTES
BASIS OF BEARINGS
PARCEL MAP
Civil
Engineering
Associates
••
ABBREVIATIONS
LEGEND
DETAIL D
DETAIL E
50
SARATOGA CITY COUNCIL
MEETING DATE: November 2, 2022
DEPARTMENT: Community Development Department
PREPARED BY: Keith Weiner, Building Official
SUBJECT: Adoption of the 2022 California Building Standards Code with Local Modifications
RECOMMENDED ACTION:
(1) Conduct a public hearing.
(2) Introduce and waive the first reading of the attached ordinance adopting and modifying the
referenced codes; and
(3) Direct staff to place the ordinance and the attached resolution making findings regarding
proposed modifications to the referenced codes on the consent calendar for adoption on
November 16, 2022
BACKGROUND:
Every three years the State of California updates the State Building Code and related codes. The
attached ordinance would adopt the State codes with local modifications. In particular, on
September 21, 2022, the City Council directed staff to move forward with certain Building Reach
Codes as proposed by Silicon Valley Clean Energy and Valley Water. The City Council directed
staff to include provisions to advance the electrification measures adopted in the last code by (1)
restricting the use of gas for cooking appliances only within a building (the exception for outdoor
gas appliances remains in effect); (2) eliminating the option for gas fireplaces indoors and gas
dryers; (3) removing exception for new ADUs; (4) modifying the requirements for electric vehicle
chargers to be more specific in regard to the level of charger (amperage and voltage of circuit) and
include requirements for parking lot improvements and requirements for the number of chargers
installed in multi-family housing projects; and (5) including water conservation measures
consisting of installation of graywater ready plumbing systems and installation of hot water
recirculation systems in new construction.
As 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”). These regulations establish construction standards
to protect the public welfare and provide uniformity in building laws. State law requires updates
to the Building Codes every three years. The updated Building Codes go into effect statewide on
January 1, 2023, regardless of the City taking any action or not.
51
The CBSC is enforced by local governments through the building permit process. All construction
in the State must comply with the CBSC unless the city or county in which the construction occurs
has adopted local modifications to the CBSC by ordinance. Modifications are allowed only to
address local climatic, geological, or topographical conditions based on specific findings. The
attached ordinance makes key provisions of the CBSC a part of the Saratoga Code and modifies
the CBSC as needed to reflect local conditions in Saratoga.
DISCUSSION:
The CBSC is compiled and published by the California Building Standards Commission. The
specific codes cities must enforce includes: the Building Code, Residential Building Code,
Plumbing Code, Fire Code, Mechanical Code, Energy Code, and Electrical Code. City staff, in
consultation with the Santa Clara County Fire Department and other local West Valley Building
Officials, have reviewed the 2022 California Building Standards Code and recommend that:
1. The City adopt the 2022 California Code of Regulation Title 24, California Building
Standards Commission Part 1 (California Administrative Code), Part 2 (Building Code
volumes 1 and 2), Part 2.5 (California Residential Code), Part 3 (California Electrical
Code), Part 4 (California Mechanical Code), Part 5 (California Plumbing Code), Part 6
(California Energy Code), Part 8 (California Historic Building Code), Part 9 (California
Fire Code), Part 10 (California Existing Building Code), Part 11 (California Green
Building Standards Code), Part 12 (California Reference Standards Code) by reference;
2. The City adopt certain appendices to the California Building, Plumbing, Mechanical, and
Fire Codes (these take effect only if adopted by the City);
3. The City adopt various modifications to the 2022 California Building Standards Code that
are reasonably necessary because of local climatic, geological, and topographical
conditions; and
4. The City adopt the 2022 California Fire Code by reference and make modifications to that
Fire Code recommended by the Fire Chief and Fire Marshal as being reasonably necessary
because of local climatic, geological, and topographical conditions.
The proposed modifications are consistent with those adopted by other jurisdictions in the area.
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 modifications.
The specific provisions adopted and modified by the ordinance are listed below and summarized
in more detail in the Resolution with matrix. (Attachment A) Proposed modifications to the Green
Building Code and Fire Code are discussed below.
2022 CA Green Building Code—The 2022 California Green Building Code is adopted in Article
16-49 of the Saratoga City Code. The modifications made to the State’s 2022 Green Building
Code are detailed in the draft ordinance. The notable revisions require all new buildings to have
electric appliances with the exception of the cooking appliance, the cooking appliance may use
natural gas but must have a prewired circuit available so that an electrical appliance could be
installed at a later date; specific level EV Chargers installed in single family and multifamily
52
dwellings and at existing parking lots when applicable renovations are made; and the water
conservation measures that Council directed staff to include.
2022 CA Fire Code—The 2022 California Fire Code and Appendices are adopted and modified
in Article 16-20 of the Saratoga City Code. The modifications made to the 2022 California Fire
Code in Article 16-20 (“Fire Code”) are detailed in the draft ordinance.
ENVIRONMENTAL DETERMINATION:
The proposed modifications to the City Code are Categorically Exempt from the California
Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15305 - Minor
Alteration to Land Use Limitations, and 15061(b)(3) - The general rule that CEQA applies only to
projects which have the potential of causing a significant effect on the environment.
ATTACHMENTS:
A. Resolution with Matrix
B. Ordinance
REVISIONS AND UPDATES:
The draft ordinance was revised on November 1, 2022 to include corrections from Santa Clara
County Fire Department to the Building, Fire and Residential Codes concerning fire sprinkler
requirements, deleting amendments to Chapter 3 of the Fire Code, adding previously omitted
provisions for EV charging requirement for multi-family dwellings and existing buildings, and
correcting typographical and formatting errors.
Changes are shown in the attachment.
53
RESOLUTION NO.
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 2022 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 modifications 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
modifications pursuant to Health and Safety Code Section 17958.5, must make an express finding
that such modifications are reasonably necessary because of local climatic, geological, or
topographical conditions; and
WHEREAS, under Health and Safety Code Section 17958.7, modifications pursuant to
Health and Safety Code Section 17958.5 may not become effective until the required findings and
the modifications have been filed with the California Building Standards Commission; 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
making modifications to certain of those provisions pursuant to Health and Safety Code Section
17958.5 (“Building Regulations Adoption Ordinance”); and
WHEREAS, the City Council has reviewed Attachment 1, which sets forth the reasons for
the proposed modifications to the California Building Standards Code contained in the Building
Regulations Adoption Ordinance.
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
the Building Regulations Adoption Ordinance are reasonably necessary because of local climatic,
geological, or topographical 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,
54
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 regular
meeting of the Saratoga City Council held on the 16th day of November 2022 by the following
vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED
Tina Walia, Mayor
ATTEST
DATE:
Brett Avritt , City Clerk
55
ATTACHMENT 1
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2022 CALIFORNIA RESIDENTIAL 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
2022 California Residential Code:
FINDING 1: CLIMATIC CONDITIONS: The City of Saratoga experiences low
humidity, high winds, and warm temperatures during the summer months creating conditions that
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 impact 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: GEOLOGICAL CONDITIONS: The City of Saratoga’s dense population
is 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, indicated that the lack of adequate design and detailing
endangered building occupants and the occupants of nearby structures. The City’s proximity 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. 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.
The table below describes the City of Saratoga’s amendments to specific provisions of the
2022 California Residential Code and states which of the findings above and other
conditions make the amendment reasonably necessary.
56
Amended
Sections of
the 2022 CA
Residential
Code
Applicable
Section of
Saratoga
Building Code
Ordinance
Explanation Findings
R313.1
16-18.025 Amends the 2022 CA
Residential 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
a fire early also reduces the fire flow
demand and the need for multiple
hydrants.
R313.2
16-18.025 Amends the 2022 CA
Residential 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.
R337.7.10 16-18.030 Amends the 2022 CA
Residential 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.
R337.10.3,
R337.10.3.1,
R337.10.3.2,
R337.10.3.3
16-18.030 Deletes Section
R337.10.3.1,
R337.10.3.2,
R337.10.3.3of the
Residential Code
regarding accessory
structures
This section is unnecessary, as the
requirements are already specified in
California Building Code section
710.A.3.
57
R403.1.3 16-18.035 Amends the 2022
CA Residential
Code regarding
plain concrete.
Finding No. 3. This proposed
amendment to the California
Residential Code is made to be
consistent with Tri Chapter Uniform
Code Committee amendment 3 that
modifies the plain concrete
provisions in CBC Section
1908.1,8 and American Concrete
Institute 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.
Table
R602.10.3(3), and
R602.10.4.4
16-18.040 Amends the 2022 CA
Residential
Code regarding
Seismic Design
Categories D0, D1,
and D2
Finding No. 3. The proposed
amendment addresses the problem of
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 16-18.045 A new subsection has
been added to the
2022 CA Residential
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.
58
R902.1.3 16-18.045 Amends the 2022 CA
Residential 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.
59
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2022 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
2022 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 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 impact 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: GEOLOGICAL CONDITIONS: The City of Saratoga’s dense population
is 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 proximity
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. 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.
The table below describes the City of Saratoga’s amendments to specific provisions of the
2022 California Building Code and states which of the findings above and other conditions make
the amendment reasonably necessary.
Amended
Sections of
the 2022 CA
Building
Code
Applicable
Section of
Saratoga
Building Code
Ordinance
Explanation Findings
107.5 16-15.025 Amends the 2022 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.
60
105.5 16-15.030 Amends the 2022
CA Building Code
section regarding
expiration of permits,
giving the Building
Official discretion to
abate a public nuisance
created through
abandonment or
expiration.
Finding No. 3. Given the City of
Saratoga’s
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.
109.2 16-15.040 Adds a new
subsection to the
2022 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
2022CA 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.
1505.1.3 16-15.045(a) Amends the 2022 CA
Building Code
section regarding roof
coverings, requiring all
areas within the City to
install a minimum of a
Class A roof.
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.
1505.1.4 16-15.045(b) Amends the 2022
CA Building Code to
retain the Saratoga
Code’s provisions for
Class A roof coverings
for WUI areas.
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
707A.10 16-15.050 Amends the 2022 CA
Building Code regarding
the fire resistive
construction method for
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.
61
710A3. 16-15.055 710A.3 is amended as
follows, all accessory
structures located in the
WUI shall be constructed
of noncombustible
materials or of ignition-
resistant materials.
Finding No. 1. The increased risk of
fire in the City of Saratoga makes it
necessary to amend this section to
make it mandatory.
Finding No. 2. The remoteness and
steepness of hillside areas in the City
along with long, narrow roadways
significantly impact the ability of
emergency responders to extinguish
or control wildland or structure fires
903.2 16-15.060 Amends the 2022 CA
Building Code regarding
fire sprinklers to include
City definitions of new
buildings.
Finding No. 1. Amendment to be
consistent with
Fire District amendments
1705.3 16-15.065 Adds language excepting
special inspections and
tests for specific designs
depending on Seismic
Design Category.
Finding No. 3. In order to improve
quality control during construction to
allow for special inspection and
exceptions to special inspection for
seismic concerns.
1905.1.7 16-15.070 Amends the 2022 CA
Building Code regarding
exceptions to structures
assigned to seismic design
categories (requires steel
reinforcement due to
seismic design category).
Finding No. 3. The proposed
amendment addresses the problem of
poor performance of plain or under-
reinforced concrete footings during a
seismic event.
62
FINDINGS REGARDING THE NEED FOR AMENDMENTS
TO PROVISIONS IN THE 2022 CALIFORNIA FIRE 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 to amend the
2019 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 impact the ability of
emergency responders to extinguish or control wildland or structure fires.
Finding No. 3 – Geological Conditions: The City of Saratoga’s dense population is
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 indicated that the lack of adequate design and detailing
endangered building occupants and the occupants of nearby structures. The City’s proximity
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. 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 2022 California Fire Code are hereby determined to be
reasonably necessary based on the above findings and apply to following amended, added, or
deleted sections:
Amended
Sections of
the 2022 CA
Fire Code
Applicable
Section of
Saratoga
Building
Code
Ordinance
EXPLANATION FINDINGS
202 16-20.060 Definitions Admin
503.1.1 16-20.090 Buildings and facilities Admin
503.2.1 16-20.090 Dimensions Admin
503.2.4 16-20.090 Turning radius Admin
503.2.7 16-20.090 Grade Admin
63
503.5 16-20.090 Required gates or barricades Admin5001.2.2.2
503.6 16-20.090 Security gates
504.5 16-20.090 Access control devices Finding Nos. 2 & 3
505.1 16-20.090 Address identification
510.1 16-20.090 Emergency responder radio
coverage in new buildings Admin
510.1.1 16-20.090 Obstruction by new buildings Admin
510.3 16-20.090 Permit required Admin
510.4 16-20.090 Technical requirements Admin
510.4.1.1 16-20.090 Minimum signal strength into the
building Admin
510.4.1.2 16-20.090 Minimum signal strength out of the
building Admin
510.5 16-20.090 Installation requirement Admin
510.5.2 16-20.090 Approval prior to installation Admin
510.5.4 16-20.090 Acceptance test procedure Admin
603.4.2.1.1 16-20.100 Prohibited locations Admin
605.5 16-20.090 Portable unvented heaters Admin
605.5.2.1.1 16-20.090 Prohibited locations Admin
703.3 16-20.090 Fire resistant joints Admin
806.1.1 16-20.110 Restricted occupancies Admin
901.6.2 16-20.120 Integrated testing Admin
901.6.2.1 16-20.120 High-rise buildings Admin
901.6.2.2 16-20.120 Smoke control systems Admin
901.6.3 16-20.120 Records Admin
903.2 16-20.120 Where required Finding Nos. 2 & 3
903.2.11.7 16-20.120 Chemical fume hood fire protection Finding No 3
16-20.120 Inspection, testing and maintenance Admin
909.20.1 16-20.120 Schedule Admin
1202.1 16-20.125 Definitions Admin
1207.1.5 16-20.125 Large -scale fire test Admin
1207.2.2.1 16-20.125 Ongoing inspection and testing Admin
1207.5.2 16-20.125 Maximum allowable quantities Admin
1207.5.5 16-20.125 Fire suppression systems Admin
1207.11.3 16-20.125 Location Admin
Chapter 11 16-20.130 Construction Requirements for
Existing Buildings Admin
3305.5 16-20.140 Fire watch Admin
3305.10 16-20.140 Fire walls Finding Nos. 2 & 3
3311.1.1 16-20.140 Fire Department access roadways Finding Nos. 2 & 3
3312.1 16-20.140 Stairways required Admin
3312.4 16-20.140 Required means of egress Finding Nos. 2 & 3
3315.1 16-20.140 Completion before occupancy Admin
4901.3 16-20.150 Where applicable Admin
4901.4 16-20.150 Exemptions Admin 64
4902 16-20.150 Definitions Admin
4906.1.1 16-20.150 Hazardous vegetation Admin
4906.1.2 16-20.150 Maintenance required Admin
4906.1.3 16-20.150 Additional measures Admin
4906.1.4 16-20.150 Exemption Admin
4907.3 16-20.150 Requirements Admin
5601.1.3 16-20.170 Fireworks Admin
5704.2.7.5.8 16-20.180 Overfill Prevention Admin
5704.2.7.5.9 16-20.180 Automatic Filling of Tanks Admin
5704.2.9.6.1 16-20.180 Locations where above-ground tanks
are prohibited Admin
5706.2.4.4 16-20.180 Locations where above-ground tanks
are prohibited Admin
5707.3.3 16-20.180 Site plan Admin
5809.3.4 16-20.190 Site plan Admin
6001.1 16-20.195 Scope Admin
6004.1 16-20.195 General Admin
6004.1.1 16-20.195 Special limitations for indoor
storage and use occupancy Admin
6004.1.1.1 16-20.195 Group A, E, I or U occupancies Admin
6004.1.1.2 16-20.195 Group R occupancies Admin
6004.1.1.3 16-20.195 Offices, retail sales and classrooms Admin
6004.2 16-20.195 Indoor storage and use Admin
6004.2.1 16-20.195 Applicability Admin
6004.2.1.4 16-20.195 Quantities Admin
6004.4 16-20.195 General indoor requirements Admin
6004.4.1 16-20.195 Cylinder and tank location Admin
6004.4.2 16-20.195 Ventilated areas Admin
6004.4.3 16-20.195 Piping and controls Admin
6004.4.4 16-20.195 Gas rooms Admin
6004.4.5 16-20.195 Treatment rooms Admin
6004.4.5.1 16-20.195 Design Admin
6004.4.5.2 16-20.195 Performance Admin
6004.4.5.3 16-20.195 Sizing Admin
6004.4.5.4 16-20.195 Stationary tasks Admin
6004.4.5.5 16-20.195 Portable tanks and cylinders Admin
6004.4.6 16-20.195 Emergency power Admin
6004.4.6.1 16-20.195 Fail-safe systems Admin
6004.4.7 16-20.195 Automatic fire detection systems Admin
6004.4.8 16-20.195 Gas detection system Admin
6004.4.8.1 16-20.195 Alarms Admin
6004.4.8.2 16-20.195 Shut off gas supply Admin
6104.2 16-20.200 Maximum capacity within
established limits Admin
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6405.3.1 16-20.210 Silane distribution systems auto shut
down Admin
Appendix B 16-20.220
B105.2 16-20.220 Buildings other than one- and two-
family dwellings Finding Nos. 2 & 3
C102.1 16-20.230 Minimum number of fire hydrants
for a building Finding Nos. 2 & 3
Appendix D 16-20.240
D103.2 16-20.240 Grade Finding Nos. 2 & 3
D103.3 16-20.240 Turning radius Finding Nos. 2 & 3
D103.4 16-20.240 Dead ends Finding Nos. 2 & 3
D103.6 16-20.240 Signs Finding Nos. 2 & 3
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FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2022 CALIFORNIA MECHANICAL CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE
OF THE CITY OF SARATOGA
No findings are necessary because the 2022 California Mechanical Code is being adopted
without modification.
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FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2022 CALIFORNIA ELECTRICAL CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE
OF THE CITY OF SARATOGA
No findings are necessary because the 2022 California Electrical Code is being adopted without
modification.
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FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2022 CALIFORNIA PLUMBING CODE
TO BE ADOPTED BY REFERENCE IN THE CITY CODE
OF THE CITY OF SARATOGA
No findings are necessary because the 2022 California Plumbing Code is being adopted without
modification.
.
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FINDINGS REGARDING THE NEED FOR AMENDMENTS TO PROVISIONS
IN THE 2022 CALIFORNIA GREEN BUILDING STANDARDS
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 2019
California Green Building Code:
FINDING 1: CLIMATIC CONDITIONS: The City of Saratoga experiences low
humidity, high winds, and warm temperatures during the summer months creating conditions
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 impact 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: GEOLOGICAL CONDITIONS: The City of Saratoga’s dense
population is 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 proximity 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. 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.
The table below describes the City of Saratoga’s amendments to specific provisions of
the 2019 California Green Building Standards Code and states which of the findings above
and other conditions make the amendment reasonably necessary.
Amended
Sections of the
2022CA Green
Building
Standards
Code
Applicable
Section of
Saratoga
Building
Code
Ordinance
Explanation Findings
Chapter 2
Section 202
16-49.020 Provide definitions Administration
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Chapter 4
Section 4.106.4.1
16-49.020 Require the
installation of a
Level 2 Electric
Vehicle Charger
and a second
minimum Level 1
Electric Vehicle
charger
Finding No. 1. The proposed local
amendments support the City’s
sustainability goals, including the
Council’s Goal to reduce
greenhouse gas (GHG) emissions.
The Silicon Valley area has a
disproportionate share (19.4 %) of
electric vehicles registered in
California, according to the Joint
Venture Silicon Valley Institute for
Regional Studies. The proposed
requirement of an additional EV
Charger outlet provides
infrastructure to service the needs
of electric vehicle owners. This
amendment, aimed at reducing
GHG emissions, addresses the
City’s climatic conditions.
Chapter 4
Section 4.106.5
16-49.030 Require new
construction
residential
buildings to mostly
electric, all electric
appliances except
for cooking
appliances
Finding No. 1. The proposed local
amendments support the City’s
sustainability goals, including the
Council’s Goal to reduce
greenhouse gas (GHG) emissions.
This amendment, aimed at reducing
GHG emissions, addresses the
City’s climatic conditions.
Chapter 5
Section 5.106.13
16-49.040 Require new
construction non-
residential
buildings to mostly
electric, all electric
appliances except
for cooking
appliances
Finding No. 1. The proposed local
amendments support the City’s
sustainability goals, including the
Council’s Goal to reduce
greenhouse gas (GHG) emissions.
This amendment, aimed at reducing
GHG emissions, addresses the
City’s climatic conditions.
Chapter 4
Section 4.303.5
16-49.050 Require new
construction one-
and two-family
dwellings to be
equipped with a
demand hot water
circulation system
Finding No. 1. The proposed local
amendments support the City’s
sustainability goals, including the
Council’s Goal to reduce
greenhouse gas (GHG) emissions.
This amendment, aimed at reducing
GHG emissions, addresses the
City’s climatic conditions.
Chapter 4
Section 4.305.1
16-49.060 Require new
construction one-
and two-family
dwellings to install
piping to permit
future use of a
graywater system
Finding No. 1. The proposed local
amendments support the City’s
sustainability goals, including the
Council’s Goal to reduce
greenhouse gas (GHG) emissions.
This amendment, aimed at reducing
GHG emissions, addresses the
City’s climatic conditions.
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FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2022 CALIFORNIA ENERGY CODE TO BE ADOPTED BY
REFERENCE IN THE CITY CODE OF THE CITY OF SARATOGA
No findings are necessary because the 2022 California Referenced Standards Code is being
adopted without modification.
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FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2022 CALIFORNIA REFERENCED STANDARDS CODE
TO BE ADOPTED BY REFERENCE
IN THE CITY CODE OF THE CITY OF SARATOGA
No findings are necessary because the 2022 California Referenced Standards Code is being
adopted without modification.
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FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2022 CALIFORNIA HISTORICAL BUILDING CODE
TO BE ADOPTED BY REFERENCE
IN THE CITY CODE OF THE CITY OF SARATOGA
No findings are necessary because the 2022 California Historical Building Code is being
adopted without modification.
74
FINDINGS REGARDING THE NEED FOR AMENDMENTS TO
PROVISIONS IN THE 2022 CALIFORNIA EXISTING BUILDING CODE TO BE
ADOPTED BY REFERENCE IN THE CITY CODE OF THE CITY OF SARATOGA
No findings are necessary because the 2022 California Existing Building Code is being
adopted without modification.
1181990.2
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Ordinance No.
An Ordinance Adopting the 2022 California Building, Residential, Electrical, Mechanical,
Plumbing, Fire, Energy, and Green Building Standards, and Referenced Standards Codes
with Modifications for Local Conditions and Making Certain Other Amendments to
Chapter 16 (Building Regulations) of the City Code
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 2022 California Building Code (California Code of
Regulations, Title 24, Part 2, Volumes 1 and 2, based upon the 2021 International Building
Code as published by the International Code Council); the 2022 California Residential Code
(California Code of Regulations, Title 24, Part 2.5, based upon the 2021International
Residential Code as published by the International Code Council); the 2022 California
Electrical Code (California Code of Regulations, Title 24, Part 3, based on the 2020 National
Electrical Code as published by the National Fire Protection Association); the 2022 California
Mechanical Code (California Code of Regulations, Title 24, Part 4, based on the American
National Standard 2021 Uniform Mechanical Code); the 2022California Plumbing Code
(California Code of Regulations, Title 24, Part 5, based on the American National Standard
2021 Uniform Plumbing Code); the 2022California Energy Code (California Code of
Regulations, Title 24, Part 6); the 2022California Historical Building Code (California Code of
Regulations, Title 24, Part 8); the 2022 California Fire Code (California Code of Regulations,
Title 24, Part 9, based on the 2021 International Fire Code as published by the International
Code Council); the 2022California Existing Building Code, Title 24, Part 10 based on the 2021,
International Existing Building Code, as published by the International Code Council); the 2022
California Green Building Standards Code (California Code of Regulations, Title 24, Part 11);
and the 2022 California Referenced Standards Code (California Code of Regulations, Title 24,
Part 12). These Codes shall hereinafter be referred to collectively as the “Building Codes.”
B. On October 21, 2022 and October 28, 2022, notices were published in a qualifying newspaper of
general circulation stating the time and place of a November 2, 2022 public hearing and
including a notice of the purpose and subject matter of a proposed ordinance adopting the
Building Codes with local additions, deletions, and amendments.
C. On November 2,2022, the City Council of Saratoga conducted a public hearing and, after
considering all testimony and written materials provided in connection with that hearing,
introduced this ordinance adopting the Building Codes with local additions, deletions, and
amendments, and waived the reading thereof. Following public testimony and consideration,
the City Council of Saratoga found that adoption of the Building Codes was in the public
interest. Except as to the additions, deletions, and amendments hereinafter described, the
Building Codes are hereby adopted and shall be the Building Regulations of the City,
effective January 1, 2023 or as soon thereafter as this ordinance takes effect.
D. On November 2, 2023, at least one copy of the Building Codes certified as true copies by
the City Clerk was filed with the City Clerk for public inspection.
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E. Additions, deletions, and amendments similar to those adopted in the City of Saratoga’s 2019
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 Codes were reasonably necessary
were filed upon the adoption of the City of Saratoga’s 2019 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. Said additions, deletions,
amendments, and findings are hereby readopted.
F. The new additions, deletions, and amendments hereinafter described are hereby adopted 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 Codes are reasonably necessary are hereby made and 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.
G. 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 Codes shall be available for public purchase in the office of the City Clerk.
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 16-18 of the Saratoga City Code concerning the Residential Code is hereby deleted in
its entirety and replaced with Article 16-18 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.
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 deleted in its entirety and replaced with Article 16-49 attached in Appendix A.
Article 16-51 of the Saratoga City Code concerning the Energy Code is hereby deleted in its
entirety and replaced with Article 16-51 attached in Appendix A.
Article 16-55 of the Saratoga City Code concerning the Referenced Standards Code is hereby
deleted in its entirety and replaced with Article 16-55 attached in Appendix A.
Article 16-56 of the Saratoga City Code concerning the Historical Building Code is hereby
77
adopted as shown in Article 16-56 attached in Appendix A.
Article 16-57 of the Saratoga City Code concerning the Existing Building Code is hereby
adopted as shown in Article 16-57 attached in Appendix A.
Section 3. California Environmental Quality Act.
Pursuant to the California Environmental Quality Act (“CEQA”), this action is exempt under
California Code of Regulations, Title 14, Section 15308 (the modifications are exempt because they
assure maintenance, restoration, enhancement, or protection of the environment) and Section
15061(b)(3) (the modifications 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, or phrase is 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.
Section 6. Effective Date.
This ordinance shall take effect thirty days after adoption as provided by Government Code
Section 36937.
- Continued Next Page -
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The foregoing ordinance was introduced at the regular meeting of the City Council of the City of
Saratoga held on November 2, 2022 and was adopted by the following vote on November 16, 2022.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
Tina Walia
MAYOR OF THE CITY OF SARATOGA
ATTEST:
Britt Avrit
CLERK OF THE CITY OF SARATOGA
APPROVED AS TO FORM:
RICHARD TAYLOR, CITY ATTORNEY
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APPENDIX A
Article 16-15 – Building Code
16-15.010 Adoption of 2022 California Building Code.
(a) The 2022 California Building Code, Title 24, Part 2, Volume 1 and 2, including appendices
F and I, referred to throughout this Chapter as the "Building Code," is hereby referred to and,
except as to additions, deletions and amendments hereinafter described, 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. 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) At least one true copy of the Building Code has been on file with the City Clerk for
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 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).
16-15.025 Retention of plans.
Section 107.5 of the Building Code is amended to read as follows:
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 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.
Section 105.5 of the Building Code is amended to read as follows:
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 12
months 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 12 months; or
(3) The permittee fails or refuses to request an inspection required by Section 110 of
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2
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 re-inspection, 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 if an 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 (a)(2) above has not exceeded
one year. The fee for issuance of a 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. An applicant may apply 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).
(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 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
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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 (Article 16-45); 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.
Subsection 109.2 of the Building Code is amended to read as follows:
109.2 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 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 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
107.1 of the Building Code, 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 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
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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 as follows:
Roof coverings within 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 of the 2022 California Building Code is amended to read as follows:
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 and must also comply
with section 705A of the Building Code.
16-15.050 Underside of appendages.
Section 707A.9 of the Building Code is amended to read as follows:
707A.9 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 gypsum 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; or
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 or ASTM
E2957.
Exception: Structural columns and beams do not require protection when they are constructed
with sawn lumber or glue-laminated wood with the smallest minimum nominal dimension of 4
inches (102 mm). Sawn or glue-laminated planks splined, tongue-and-grove, or set close together
and well spiked.
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5
16-15.055 Accessory structures.
Section 710A .3 is amended to read as follows:
710A.3 Where required. Accessory structures shall be constructed of noncombustible or
ignition-resistant materials as described in Section 704A.2.
Sections 710A.3.1, 710A.3.2, and 710A.3.3 of the Building Code are deleted in their entirety.
16-15.060 Automatic Sprinkler Systems
Section 903.2 of the Building Code is amended to read as follows:
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 903.2.12
whichever is the more restrictive and Sections 903.2.14 through 903.2.21.
For the purposes of this section, firewalls and fire barriers 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, other
than Group R occupancies, except as follows:
a. Buildings and structures not located in any Wildland-Urban Interface and not exceeding
1,200 square feet of fire area.
b. Buildings and structures located in any Wildland-Urban Interface Fire Area and not
exceeding 500 square feet of fire area.
c. Group S-2 or U occupancies, including photovoltaic support structures, used exclusively
for vehicle parking which meet all of the following:
i. Noncombustible construction.
ii. Maximum 5,000 square feet in building area.
iii. Structure is open on not less than three (3) sides nor 75% of structure perimeter.
iv. Minimum of 10 feet separation from existing buildings, or similar structures,
unless area is separated by fire walls complying with California Building Code
706.
d. Canopies, constructed in accordance with CBC 406.7.2, used exclusively for weather
protection of vehicle fueling pads per CBC 406.7.1 and not exceeding 5,000 square feet of
fire area.
2. An automatic sprinkler system shall be installed throughout all new buildings with a Group R fire
area.
Exception: Detached Accessory Dwelling Unit, provided that all of the following are met:
a. The unit meets the definition of an Accessory Dwelling Unit as defined in the Government
Code Section 65852.2.
b. The existing primary residence does not have automatic fire sprinklers.
c. The accessory detached dwelling unit does not exceed 1,200 square feet in size.
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d. The unit is on the same lot as the primary residence.
e. The unit meets all apparatus access and water supply requirements of Chapter 5 and
Appendix B of the 2022 California Fire Code.
3. An approved automatic fire sprinkler system shall be installed in new manufactured homes (as
defined in California Health and Safety Code Sections 18007 and 18009) and multifamily
manufactured homes with two dwelling units (as defined in California Health and Safety Code
Section 18008.7) in accordance with Title 25 of the California Code of Regulations.
4. An automatic sprinkler system shall be installed throughout existing buildings with a Group R fire
area when additions are made causing the fire area to exceed 3,600 square feet.
Exception: Additions where all of the following are met:
a. Building addition does not exceed 500 square feet.
b. The resultant structure meets all water supply requirements of Chapter 5 and Appendix
B of the 2022 California Fire Code.
5. An automatic sprinkler system shall be provided throughout existing Group A, B, E, F, L, M, S and
U buildings and structures, when additions are made that increase the fire area to more than 3,600
square feet or that create conditions described in Sections 903.2.1 through 903.2.18.
6. Any change in the character of occupancy or in use of any building with a fire area equal to or
greater than 3,600 square feet which, in the opinion of the fire code official or building official,
would place the building into a more hazardous division of the same occupancy group or into a
different group of occupancies and constitutes a greater degree of life safety1 or increased fire risk2,
shall require the installation of an approved fire automatic fire sprinkler system.
1 Life Safety – Shall include, but not limited to: Increased occupant load, public assembly areas,
public meeting areas, churches, indoor amusement attractions, buildings with complex exiting
systems due to increased occupant loads, large schools/day-care facilities, large residential care
facilities housing non-ambulatory clients.
2 Fire Risks – Shall include, but not limited to: High-piled combustible storage, woodworking
operations, hazardous operations using hazardous materials, increased fuel loads (storage of
moderate to highly combustible materials), increased sources of ignition (welding, automotive
repair with the use of flammable liquids and open flames).
16-15.061 Chemical Fume Hoods
Section 903.2.11.7 of the Building Code is adopted to read as follows:
903.2.11.7 Chemical Fume Hood Fire Protection.
7.10.1 Approved automatic fire extinguishing systems shall be provided in chemical fume hoods in the
following cases:
1. Existing hoods having interiors with a flame spread index greater than 25 in which flammable
liquids are handled
2. If a hazard assessment determines that an automatic extinguishing system is required for the
chemical fume hood, then the applicable automatic fire protection system standard shall be
followed.
16-15.062 Fire Alarm and Fire Detection System Testing and Maintenance
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Section 907.8 is amended to read as follows:
907.8 Inspection, testing and maintenance.
The maintenance and testing schedules and procedures for fire alarm and fire detection systems shall be in
accordance with Sections 907.8.1 through 907.8.4 and NFPA 72. Records of inspection, testing and
maintenance shall be documented using NFPA 72 record of inspection and testing forms.
16-15.065 Concrete construction.
Section 1705.3 is amended to read as follows:
1705.3 Concrete construction.
Special inspections and tests of concrete construction shall be performed by this section and
Table 1705.3.
Exception: Special inspections and tests 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 pounds per square inch (psi) (17.2
Mpa).
16-15.070 Plain concrete in structures assigned to Seismic Design Category C, D, E or F.
Section 1905.1.7 ACI 318, Section 14.14 is amended to read as follows:
Section 1905.1.7 ACI 318, Section 14.1.4. Delete ACI 3118, Section 14.1.4 and replace with the
following:
14.1.4 - Plain concrete in structures assigned to Seismic Design Category C, D, E or F.
14.1.4.1 - 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 dwellings 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.
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(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. For
footings that exceed 8” inches (203 mm) in thickness, 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 stories 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.
Article 16-18 – Residential Code
16-18.010 Adoption of 2022 California Residential Code.
(a) The 2022California Residential Code, Title 24 part 2.5, referred to throughout this Chapter as
the "Residential Code," is hereby referred to and, except as to additions, deletions, and
amendments hereinafter described, 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 Code of the City. 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) At least one true copy of the Residential Code has been on file with the City Clerk for
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 Residential Building Code shall be kept
for public inspection in the office of the Building Official. A reasonable supply of the
Residential 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 Code, as adopted by reference in Section 16-18.010(a).
16-18.020 Enforcement of Title 24 of the California Code of Regulations.
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.
Section R313.1 is amended to read as follows:
R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler
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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: One or more additions made to a building after January 1, 2011, that does not total
more than 1,000 square feet of building area.
Section R313.2 is amended to read as follows:
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 fire area to more than 3,600 square feet whether by
increasing the area of the primary residence or by creation of an attached Accessory Dwelling
Unit.
2. In all existing one-and two-family dwellings that meet the definition of a “demolition” of the
structure per City of Saratoga Municipal Code Section 15-06.195.
3. In all attached Accessory Dwelling Units, additions or alterations to an existing one- and two-
family dwelling that have an existing fire sprinkler system.
4. In all new basements and in existing basements that are expanded by more than 50%.
.
Exceptions:
1. One or more additions made to a building after January 1, 2011, that does not total more than
1,000 square feet of building area and meets all access and water supply requirements of Chapter
5 and Appendix B and C of the 2022 California Fire Code .
2.1 Detached Accessory Dwelling Units, provided that all of the following are met:
12.1 The unit meets the definition of an Accessory Dwelling Unit as defined in the
Government Code Section 65852.2
12.2 The existing primary residence does not have automatic fire sprinklers.
12.3 The accessory detached dwelling unit does not exceed 1,200 square feet
in size.
12.4 The unit is on the same lot as the primary residence.
12.5 The unit meets all access and water supply requirements of Chapter 5
and Appendix B of the 2022 California Fire Code.
2.When additions are made to existing structures, causing the fire area to exceed 3,600 square feet, and all
of the following are met:
2.1 Building addition does not exceed 500 square feet.
2.2 The resultant structure meets all water supply requirements of Chapter 5 and
Appendix B of the 2022 California Fire Code.
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16-18.027 Energy storage systems
Section R328.7 is amended to read as follows:
R328.7 Fire detection. Rooms and areas within dwelling units, basements and attached garages in which
ESS are installed shall be protected by smoke alarms in accordance with Section R314. A heat detector,
listed and interconnected to the smoke alarms, shall be installed in locations within dwelling units and
attached garages where smoke alarms cannot be installed based on their listing. ESS installed in Group R-
3 and townhomes shall comply with the following:
1. Rooms and areas within dwellings units, sleeping units, basements and attached garages in which
ESS are installed shall be protected by smoke alarms in accordance with Section R314.
2. A listed heat alarm interconnected to the smoke alarms shall be installed in locations within
dwelling units, sleeping units and attached garages where smoke alarms cannot be installed based
on their listing.
Exceptions:
1. A listed heat detector may be used in place of a heat alarm, so long as it is interconnected
with devices that provide an audible alarm at all sleeping areas.
2. A fire sprinkler associated with an approved automatic sprinkler system that triggers an
audible alarm upon activation of the waterflow switch, may be used in place of a heat
alarm.
16-18.030 Material and construction methods for exterior wildfire exposure.
Section R337.7.9 “Underside of appendages” is amended to read as follows:
R337.7.9 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 gypsum 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 either of the following:
5.1 SFM Standard 12-7A-3; or
5.2 ASTM E2957;
Exception:
Structural columns and beams do not require protection when they are constructed with sawn
lumber or glue-laminated wood with the smallest minimum nominal dimension of 4 inches (102
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mm). Sawn or glue-laminated planks splined, tongue-and-grove, or set close together and well
spiked.
Amend Section R337.10.3 to read as follows:
R337.10.3. Where required. Accessory structures shall be constructed of noncombustible or
ignition-resistant materials as described in California Building Code Section 704A.2.
Section R337.10.3.1 is deleted in its entirety
Section R337.10.3.2 is deleted in its entirety.
Section R337.10.3.3 is deleted in its entirety.
16-18.035 Seismic reinforcing.
Section R403.1.3 is amended to read as follows:
R403.1.3 Seismic reinforcing. Concrete footings located in Seismic Design Categories D0, D1,
and D2, as established in Table R301.2(1) of the Residential Building Code, shall have
minimum reinforcement of at least two continuous longitudinal reinforcing bars, one top and one
bottom and 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 (1,219 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 (1,219 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.
Exception: In detached one- and two-family dwellings that 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 Gypsum Board (GB) and Portland Cement Plaster (PCP).
Table R602.10.3 (3) is amended to read as follows:
Add a new footnote “g” to the end of Table R602.10.3 (3), to read as follows:
g. In Seismic Design Categories D0, D1, and D2, Method GB is not permitted, and the use of
Method PCP is limited to one-story single-family dwellings and accessory structures.
Add the “g” footnote notation in Table R602.10.3 (3) to read as follows:
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Method GBg
Section R602.10.4.5 is added to read as follows:
R602.10.4.5 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.
Section R902.1.3 is amended to read as follows:
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.
Section R902.1.4. is amended to read as follows:
R902.1.4 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.
Roofing requirements for structures located in a Wildland-Urban Interface Fire Area shall
also comply with Section R337.5.
Article 16-20 – Fire Code
16-20.010 - Adoption of the 2022 California Fire Code and 2021 International Fire Code.
(a) The 2022 California Fire Code based on the 2021 International Fire Code, including Appendix
Chapters B, C, D and O 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
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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 Fire
Code has been on file with the City Clerk for 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.
16-20.015 - Enforcement of Title 24 of the California Code of Regulations
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.
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.
16-20.050 - Amendments to Chapter 1, Division II of the Fire Code; Administration.
Section 105.6.8 is amended to read as follows:
105.6.8 Compressed gases. An operational permit is required for the storage, use or handling at
normal temperature and pressure (NTP) of compressed gases in excess of the amounts listed in Table
105.6.8.
Exceptions:
1. Vehicles equipped for and using compressed gas as a fuel for propelling the vehicle.
Section 105.6.30 of the 2022 California Fire Code is deleted in its entirety.
Section 105.6.52 is added to read as follows:
105.6.52 Day care facility. An operational permit is required to operate a business as a day care facility
for more than 6 people.
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Section 105.6.53 is added to read as follows:
105.6.53: 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.
Section 105.6.54 is added to read as follows:
105.6.54: Lithium Batteries. An operational permit is required to collect or store more than 1,000
pounds (454 kg) of lithium batteries.
Section 105.6.55 is added to read as follows:
105.6.55: Additive Manufacturing. An operational permit is required to conduct additive
manufacturing operations as covered in Section 321.3.
Section 105.7.4 is amended to read as follows:
105.7.4 Compressed Gases. A construction permit is required to install any piped distribution system
for compressed gases, or to install a non-flammable medical gas manifold system. A construction permit
is required to install, repair damage to, abandon, remove, place temporarily out of service, close or
substantially modify a compressed gas system.
Exceptions:
1. Routine maintenance.
2. For emergency repair work performed on an emergency basis, application for permit shall be
made within two working days of commencement of work.
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.
Section 105.7.5 is amended to read as follows:
105.7.5 Cryogenic fluids. A construction permit is required for installation of or alteration to
cryogenic fluid storage systems where the system capacity exceeds the amounts listed in Table 105.6.10.
Maintenance performed in accordance with this code is not considered an alteration and does not require a
construction permit.
Section 106.2.1 is added to read as follows:
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106.2.1 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
$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
$2001.00 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 $4.00 for each additional
$1,000.00, or fraction thereof, to and including $50,000.00
$50,001.00 TO $100,000.00 $630.15 for the first $50,000.00 plus $13.60 for each additional
$1,000.00, or fraction thereof, to and including $100,000.00
$100,001.00 to $500,000.00 $986.75 for the first $100,000.00 plus $7.00 for each additional
$1,000.00, or fraction thereof, to and including $500,000.00
$500,001 to $1,000,000.00 $3,228.15 for the first $500,000.00 plus $5.35 for each additional
$1,000.00, or fraction thereof, to and including $1,000,000.00
$1,000,001 and up $5,604.00 for the first $1,000,000.00 plus $4.75 for each additional
$1,000.00, or fraction thereof
Additional re-inspections, in connection with the permits above, are to be paid at $120.00 for each
occurrence at the discretion of the fire code official.
Cancelled inspections without advance notice are to be paid at $120.00 for each occurrence.
Section 106.2.2 is added to read as follows:
106.2.2 Operational permit fees. Operational permit fees shall be paid to the Santa Clara County
Fire Department as follows:
FACILITY TYPE PERMIT FEE
1. Institutional
A. More than 6 persons $75.00 - Annually
B. Over 50 persons $100.00 - 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 105.6.47).
$85.00 – Each
occurrence
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Section 107.5 is added to read as follows:
107.5 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.
Section 110.4 is amended to read as follows:
110.4 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
$1000.00 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.
Section 110.4.1 is amended to read as follows:
110.4.1 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.
110.5 is added to read as follows:
110.5 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.
(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 2 of the Fire Code; Definitions
Chapter 2
DEFINITIONS
Amend Section 202 of the 2022California Fire Code and 2021 International Fire Code with the following
definitions added:
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3D PRINTER. A machine used in the additive manufacturing process for fabricating objects through the
deposition of a material using a print head, nozzle, or another printer technology.
ADDITIVE MANUFACTURING. A process of joining materials to make objects from 3D model data,
usually layer upon layer, sometimes referred to as 3D printing. The Code recognizes two types of additive
manufacturing:
1. Industrial additive manufacturing. 3D printing operations that typically utilize combustible
powders or metals, an inert gas supply, a combustible dust collection system. or that create a
hazardous (classified) location area or zone outside of the equipment.
2. Non-industrial additive manufacturing. 3D printing operations that do create a hazardous
(classified) location area outside of the equipment, and do not utilize an inert gas supply or a
combustible dust collection system.
CORROSIVE LIQUID. Corrosive liquid is:
1) any liquid which, when in contact with living tissue, will cause destruction or irreversible alteration
of such tissue by chemical action; or
2) any liquid having a pH of 2 or less or 12.5 or more; or
3) any liquid classified as corrosive by the U.S. Department of Transportation; or
4) any material exhibiting the characteristics of corrosivity in accordance with Title 22, California Code
of Regulations §66261.22.
LARGE-SCALE FIRE TESTING. Testing a representative energy storage system that induces a
significant fire into the device under test and evaluates whether the fire will spread to adjacent energy
storage system units, surrounding equipment, or through an adjacent fire-resistance-rated barrier.
MODERATELY TOXIC GAS. A chemical or substance that has a median lethal concentration (LC50)
in air more than 2000 parts per million but not more than 5000 parts per million by volume of gas or vapor,
when administered by continuous inhalation for an hour, or less if death occurs within one hour, to albino
rats weighing between 200 and 300 grams each.
HEALTH HAZARD – OTHER. A hazardous material which affects target organs of the body,
including but not limited to, those materials which produce liver damage, kidney damage, damage to the
nervous system, act on the blood to decrease hemoglobin function, deprive the body tissue of oxygen or
affect reproductive capabilities, including mutations (chromosomal damage), sensitizers or teratogens
(effect on fetuses).
SPILL CONTROL. That level of containment that is external to and separate from the primary
containment and is capable of safely and securely containing the contents of the largest container and
prevents the materials from spreading to other parts of the room.
SECONDARY CONTAINMENT. Secondary containment is that level of containment that is external
to and separate from primary containment and is capable of safely and securely containing the material,
without discharge, for a period of time reasonably necessary to ensure detection and remedy of the primary
containment failure.
WORKSTATION. A defined space or an independent principal piece of equipment using flammable or
unstable (Class 3 or 4 as ranked by NFPA 704) hazardous materials where a specific function, laboratory
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procedure or research activity occurs. Approved or listed hazardous materials storage cabinets, flammable
liquid storage cabinets or gas cabinets serving a workstation are included as part of the workstation. A
workstation is allowed to contain ventilation equipment, fire protection devices, detection devices,
electrical devices and other processing and scientific equipment.
16-20.070 - Amendments to Chapter 3 of the Fire Code; General Requirements.
315 GENERAL STORAGE
Add Section 315.8 and subsections 315.8.1 through 315.8.10 to read as follows:
315.8 Lithium Battery Storage and Handling. The storage and handling of lithium ion and lithium
metal batteries or cells in quantities exceeding 1,000 pounds (4086 kg) shall comply with Section 315.8.1
through 315.8.10, and Chapter 32 where applicable.
315.8.1 Permits. Permits shall be required as set forth in Section 105.6.54.
315.8.2 Maximum quantity in a fire area. The aggregate amount of lithium batteries stored and handled
in a single fire area shall not exceed 9,000 pounds (4086 kg).
315.8.3 Construction requirements. Fire areas shall be separated from each other by fire barriers having
not less than 2-hour fire resistance rating constructed in accordance with Section 707 of the Building
Code and horizontal assemblies constructed in accordance with Section 711 of the Building Code.
315.8.4 Number of fire areas. The maximum number of fire areas within a building shall be four.
315.8.5 Group H, Division 2 occupancy. Storage and handling of more than 9,000 pounds of lithium
batteries per fire area shall be in an approved Group H, Division 2 occupancy constructed in accordance
with the Building Code and provided throughout with approved automatic smoke detection and radiant-
energy detection systems.
315.8.6 Automatic sprinkler system. Buildings containing fire areas used for lithium battery storage or
handling shall be equipped throughout with an approved automatic sprinkler system in accordance with
Section 903.3.1.1. The design of the sprinkler system within each fire area shall not be less than that
required for Extra Hazard Group 2 with a minimum design area of 2,500 square feet. Where the storage
arrangement is required by other provisions of this code to be provided with a higher level of sprinkler
system protection, the higher level of sprinkler system protection shall be provided.
315.8.7 Automatic smoke detection system. An approved automatic smoke detection system that
activates an approved occupant notification system shall be provided throughout each fire area in
accordance with Section 907.
315.8.8 Radiant energy detection. An approved radiant-energy detection system that activates an
approved occupant notification system shall be installed throughout each fire area in accordance with
Section 907.
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315.8.9 Collection containers. Containers used to collect or store lithium batteries shall be
noncombustible and shall not have an individual capacity exceeding 30 gallons (113.6 L), or be approved
for transportation in accordance with the Department of Transportation (DOT).
315.8.10 Storage configuration. Lithium batteries shall be considered a high-hazard commodity in
accordance with Chapter 32 and where applicable, lithium battery storage shall comply with Chapter 32
in addition to Section 315.8.
SECTION 316 HAZARDS TO FIREFIGHTERS
Add Section 316.7 to read as follows:
316.7 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.
Add Section 320 to read as follows:
SECTION 320 ADDITIVE MANUFACTURING
320.1 General. Additive manufacturing equipment and operations shall comply with Section 321.
3201.1 Scope. Additive manufacturing shall comply with one of the following:
1. Non-industrial additive manufacturing shall comply with Section 321.2.
2. Industrial additive manufacturing shall comply with Section 321.3.
320.1.2 Installation, operation and maintenance. 3D printers and associated additive manufacturing
equipment shall be installed, operated and maintained in accordance with this Code, the listing and the
manufacturer's instructions.
320.1.3 Production materials. Only the production materials listed for use with the equipment and
included in the manufacturer's instructions shall be used.
320.2 Non-industrial additive manufacturing. Non-industrial additive manufacturing equipment and
operations shall comply with Section 321.2.1 through 321.2.4. Additive manufacturing equipment and
operations that do not comply with Section 321.2 shall comply with Section 321.3.
3202.1 Listing. 3D printers used in non-industrial additive manufacturing shall be listed and labeled in
accordance with UL 60950-1, UL 62368-1 or UL 2011. The listing shall also verify:
1. The 3D printers are self-contained and utilize maximum 30 liter pre-packaged production
materials.
2. The operation of the 3D printers shall not create a hazardous (classified) electrical area or outside
of the unit.
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3. If any hazardous (classified) electrical area or zone exists inside of the unit’s outer enclosure, the
area shall be protected by intrinsically safe electrical construction or other acceptable protection
methods.
4. The 3D printers shall not utilize inert gas or an external combustible dust collection.
320.2.2 Occupancies. Non-industrial additive manufacturing shall be permitted in all occupancy groups.
320.3 Industrial additive manufacturing. Industrial additive manufacturing equipment and operations
shall comply with Section 321.3.1 through 321.3.13.
3203.1 Permits required. Permits shall be obtained from the fire code official in accordance with Section
105.6.55 prior to engaging in industrial additive manufacturing operations.
320.3.2 Listing. 3D printers used in industrial additive manufacturing shall be listed and labeled in
accordance with UL 2011 or approved for the application based on a field evaluation conducted by an
approved agency.
320.3.3 Combustible dusts and metals. Industrial additive manufacturing operations that store, use or
produce combustible dust, combustible particulate solids or combustible metals shall comply with
Chapter 22 and this section.
320.3.4 Powder evaluation. Printing powders used in industrial additive manufacturing operations shall
be tested for combustibility in accordance with NFPA 484 or NFPA 652 as applicable. A copy of test
reports shall be provided to the fire code official upon request.
320.3.5 Combustible (non-metallic) dusts. Industrial additive manufacturing that uses operations that
store, use or produce combustible (non-metallic) dusts shall comply with NFPA 654.
320.3.6 Combustible metals. Industrial additive manufacturing operations that store or use combustible
metals shall also comply with NFPA 484.
320.3.7 Ancillary equipment. Ancillary equipment provided for recycling, sieving, vacuuming or
handling combustible powders shall be designed and approved for such use.
320.3.8 Hazardous materials. Industrial additive manufacturing operations that store or use hazardous
materials exceeding the maximum allowable quantity limits shall comply with Chapter 50.
320.3.9 Inert Gas. Additive manufacturing processes that utilize inert gases shall comply with Chapter
53. Ventilation or gas detection shall be provided in accordance with Section 5307.
320.3.10 Technical assistance. Where required by the fire code official, a report evaluating the
acceptability of technologies, processes, products, facilities, materials and uses associated with the
operation shall be provided in accordance with 104.7.2 and approved.
320.3.11 Performance based design alternative. Where approved by the fire code official, buildings and
facilities where industrial additive manufacturing is performed shall be permitted to comply with the
performance-based design options in Section 5001.3 as an alternative to compliance with the other
requirements set forth in this Section.
320.3.12 Occupancies. Industrial additive manufacturing shall only be conducted in the occupancy
groups associated with manufacturing operations. The occupancy may be required by the fire code
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official to comply with Chapter 50 maximum allowable quantity tables. Where approved, the
requirements in Sections 321.2.5 and 321.3.6 shall be permitted to provide the technical basis for
determining compliance with Table 5003.1.1(1), footnote q.
320.3.13 Safety Certification. The equipment, process, training procedures and occupancy associated
with industrial additive manufacturing may be required by the fire code official to receive a safety
certification from Underwriter’s Laboratory or equivalent.
16-20.090 - Amendments to Chapter 5 of the Fire Code; Fire Service Features.
SECTION 503 FIRE APPARATUS ACCESS ROADS
Amend Section 503.1 to read as follows:
503.1 Where required. Fire apparatus access roads shall be provided and maintained in accordance with
Sections 503.1.1 through 503.1.3 and in accordance with fire department access standards.
Amend Section 503.1.1 to read as follows:
503.1.1 Buildings 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 for this section and shall extend to
within 150 feet (45 720 mm) of all portions of the facility and all portions of the exterior walls of the first
story of the building as measured by an approved route around the exterior of the building or facility.
Exceptions:
1. In other than R-3 or U occupancies, when the building is equipped throughout with an
approved automatic sprinkler system, installed in accordance with Section 903.3.1.1 the
dimension may be increased to a maximum of 300 feet when approved by the fire code
official.
2. When there are not more than two Group R-3 or accessory Group U occupancies, the
dimension may be increased to a maximum of 200 feet.
3. When 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.
Amend Section 503.2.1 to read as follows:
503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 20 feet
(6096 mm) for engines, and 26 feet (7925 mm) for aerial fire apparatus exclusive of shoulders, except for
approved gates or barricades in accordance with Sections 503.5.1 and 503.6. the unobstructed vertical
clearance shall be a minimum of 13 feet 6 inches (4115 mm), or as determined by the fire code official.
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.
Amend Section 503.2.2 to read as follows:
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503.2.2 Authority. The fire code official shall have the authority to require or permit modifications to the
required access widths and/or vertical clearance where they are inadequate for fire or rescue operations or
where necessary to meet the public safety objectives of the jurisdiction.
Amend Section 503.2.4 as follows:
503.2.4 Turning radius. The required turning radius of a fire apparatus access road shall be a minimum of
30 feet (9144 mm) inside, and a minimum of 50 feet (15240 mm) outside.
Amend Section 503.2.7 as follows:
503.2.7 Grade. The maximum grade of a fire department apparatus access road shall not exceed 15-
percent, unless approved by the fire code official.
Amend Section 503.5 as follows:
503.5 Required gates or barricades. The fire code official is authorized to require the installation and
maintenance of gates or other approved barricades across fire apparatus access roads, trails, or other
accessways, not including the public streets, alleys, or highways. The minimum width for commercial
applications is 20 feet (6096 mm), and 12 feet (4268 mm) for single-family dwellings. Electric gate
operators, where provided shall be listed in accordance with UL 325. Gates intended for automatic
operation shall be designed, constructed, and installed to comply with the requirements of ASTM F2200.
Amend Section 503.6 as follows:
503.6 Security gates. The installation of security gates across a fire apparatus access road shall be
approved by the fire code official. Where security gates are installed, they shall have an approved means
of emergency operation. The security gates and the emergency operation shall be maintained operational
at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates
intended for automatic operation shall be designed, constructed and installed to comply with the
requirements of ASTM F2200. The minimum width for commercial applications is 20 feet (6096 mm),
and 12 feet (4268 mm) for single-family dwellings.
SECTION 504 ACCESS TO BUILDING OPENINGS AND ROOFS
Add Section 504.5 to read as follows:
504.5 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 or within
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 code official.
Access control devices shall also comply with Chapter 10 Means of Egress.
SECTION 505 PREMISES IDENTIFICATION
Amend Section 505.1 as follows:
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505.1 Address identification. New and existing buildings shall be provided with approved address
identification. The address identification shall be legible and placed in a position that is visible from the
street or road fronting the property. Address identification characters shall contrast with their background.
Address numbers shall be Arabic numbers or alphabetical letters. Numbers shall not be spelled out. Each
character shall be not less than6 inches (153 mm) high with a minimum stroke width of 1/2 inch (12.7
mm). Where required by the fire code official, address identification shall be provided in additional
approved locations to facilitate emergency response. Where access is by means of a private road and the
building cannot be viewed from the public way, a monument, pole or other sign or means shall be used to
identify the structure. Address identification shall be maintained.
The following is a guideline for adequate address number dimensions:
• The number posted up to 49 feet from the public street shall be of one solid color which is
contrasting to the background and be at least six (6) inches high with a half (½) inch stroke.
• The number posted from 50 to 100 feet from the public street shall be of one solid color which is
contrasting to the background and be at least six (6) inches high with a one (1) inch stroke.
• The number posted over 100 to 199 feet from the public street shall be of one solid color which is
contrasting to the background and be at least ten (10) inches high with a one and a half (1½) inch
stroke.
• The number posted over 200 to 299 feet from the public street shall be of one solid color which is
contrasting to the background and be at least ten (18) inches high with a one and a half (2) inch
stroke.
• The number posted over 300 to 400 feet from the public street shall be of one solid color which
is contrasting to the background and be at least ten (24) inches high with a one and a half (2½)
inch stroke.
SECTION 510 EMERGENCY RESPONDER RADIO COVERAGE
Amend Section 510.1 to read as follows:
510.1 Emergency responder radio coverage in new buildings. Approved radio coverage for emergency
responders shall be provided within all buildings meeting any one of the following conditions:
1. There are more than 3 stories above grade plane (as defined by the Building Code Section
202);
2. The total building area is 30,000 square feet or more;
3. The total basement area is 5,000 square feet or more;
4. Where required by the fire code official and radio coverage signal strength levels are not
consistent with the minimum levels set forth in Section 510.4.1
Exceptions:
1. Where approved by the fire code official, a wired communication system in
accordance with Section 907.2.12.2 shall be permitted to be installed or maintained in
lieu of an approved radio coverage system.
2. Where it is determined by the fire code official that the radio coverage system is not
needed.
3. In facilities where emergency responder radio coverage is required and such systems,
components or equipment required could have a negative impact on the normal
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operations of that facility, the fire code official shall have the authority to accept an
automatically activated emergency responder radio coverage system.
4. Buildings and areas of buildings that have minimum radio coverage signal strength
levels of the Silicon Valley Regional Interoperability Authority (SVRIA) P25 Phase 2
700 MHz Digital Trunked Radio System within the building in accordance with Section
510.4.1 without the use of an indoor radio coverage system.
The radio coverage system shall be installed and maintained in accordance with Sections 510.4
through 510.6.4 of this code and with the applicable provisions of NFPA 1221, Standard for the
Installation, Maintenance and Use of Emergency Services Communications Systems.
The coverage shall be based upon the existing coverage levels of the public safety communication
systems of the jurisdiction at the exterior of the building. This section shall not require
improvement of the existing public safety communication systems.
Add Section 510.1.1 to read as follows:
510.1.1 Obstruction by new buildings. No obstruction of the public safety system backhaul shall be
allowed without an approved mitigating plan.
Delete Section 510.2 in its entirety.
Amend Section 510.3 to read as follows:
510.3 Permit required. A construction permit, for the installation of, or modification of, emergency
responder radio coverage systems and related equipment is required as specified in Section 105.7.6.
Maintenance performed in accordance with this code is not considered a modification and does not
require a permit. A frequency change made to an existing system is considered to be new construction and
will require a construction permit.
Amend Section 510.4 to read as follows:
510.4 Technical requirements. Equipment required to provide in-building, two-way emergency
responder communication coverage shall be listed in accordance with UL 2524. Systems, components and
equipment required to provide the emergency responder radio coverage system shall comply with
Sections 510.4.1 through 510.4.2.8 and the current Emergency Responders Radio Coverage Systems
Standard Details & Specification enforced by the Santa Clara County Fire Department.
Amend Section 510.4.1.1 to read as follows:
510.4.1.1 Minimum signal strength into the building. The minimum inbound signal strength shall be
sufficient to provide usable voice communications throughout the coverage area as specified by the fire
code official. The inbound signal level shall be sufficient to provide not less than a Delivered Audio
Quality (DAQ) of 3.0 for analog communications and DAQ of 3.4 for digital communications systems or
an equivalent Signal-to-Interference-Plus-Noise Ratio (SINR) applicable to the technology.
Amend Section 510.4.1.2 to read as follows:
510.4.1.2 Minimum signal strength out of the building. The minimum outbound signal strength shall
be sufficient to provide usable voice communications throughout the coverage area as specified by the
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fire code official. The outbound signal level shall be sufficient to provide not less than a DAQ of 3.0 for
analog communications and DAQ of 3.4 for digital communications systems or an equivalent SINR
applicable to the technology.
Amend Section 510.5 to read as follows:
510.5 Installation requirement. The installation of the emergency responder radio coverage system
shall be in accordance with NFPA 1221 and the current Emergency Responder Radio Coverage Systems
Standard Details & Specification enforced by the Santa Clara County Fire Department.
Amend Section 510.5.1 to read as follows:
510.5.1 Approval prior to installation. Amplification systems capable of operating on frequencies
licensed to any public safety agency by the FCC or other radio licensing authority shall not be installed
without prior coordination and approval of the fire code official and the agency FCC license holder or
systems administrator.
Amend Section 510.5.2 to read as follows:
510.5.2 Approval prior to installation. Amplification systems capable of operating on frequencies
licensed to any public safety agency by the FCC or other radio licensing authority shall not be installed
without prior coordination and approval of the fire code official and the agency FCC license holder or
systems administrator.
Amend the First Paragraph of Section 510.5.3 to read as follows:
510.5.3 Acceptance test procedure. Where an emergency responder radio coverage system is required,
and upon completion of installation, the building owner shall have the radio system tested to verify that
two-way coverage on each floor of the building is not less than 95 percent. Final system acceptance will
require ERRCS power level and DAQ testing with agency FCC license holder, systems administrators, or
designee.
Amend Section 510.5.4 to read as follows:
510.5.4 Acceptance test procedure. Where an emergency responder radio coverage system is required,
and upon completion of installation, the building owner shall have the radio system tested to verify that
two-way coverage on each floor of the building is not less than 95 percent. Final system acceptance will
require ERRCS power level and DAQ testing with agency FCC license holder, systems administrators, or
designee.
16-20.100 - Amendments to Chapter 6 of the Fire Code; Building Services and Systems.
SECTION 603 ELECTRICAL EQUIPMENT, WIRING AND HAZARDS
Add Section 603.11 to read as follows:
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603.11 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.
SECTION 605 FUEL-FIRED APPLIANCES
Amend Section 605.5 to read as follows:
605.5 Portable unvented heaters. Portable unvented fuel-fired heating equipment shall be prohibited in
occupancies in Groups A, B, E, I, R-1, R-2, R2.1, R2.2, R-3, R3.1 and R-4 and ambulatory care facilities.
Exceptions:
1. Portable unvented fuel-fired heaters listed in accordance with UL 647 are permitted to be
used in one and two-family dwellings, where operated and maintained in accordance with
the manufacturer’s instructions.
2. Portable outdoor gas-fired heating appliances in accordance with Section 605.5.2.
Amend Section 605.5.2.1.1 to read as follows and delete the exception:
605.5.2.1.1 Prohibited locations. The storage or use of portable outdoor gas-fired heating appliances is
prohibited in any of the following locations:
1. Inside of any occupancy where connected to the fuel gas container.
2. Inside of tents, canopies, and membrane structures.
3. On exterior balconies, and rooftops.
16-20.105 Amendments to Chapter 7 of the Fire Code; Fire and Smoke Protection Features
SECTION 703 PENETRATIONS
Add Section 703.3 to read as follows:
703.3 Fire-resistant penetrations and joints. In high-rise buildings, in buildings assigned to Risk
Category III or IV, or in fire areas containing Group R occupancies with an occupant load greater than
100, and other occupancies as determined necessary special inspections for through-penetrations,
membrane penetration firestops, fire resistant joint systems and perimeter fire containment systems that
are tested and listed in accordance with CBC Sections 714.4.1.2, 714.5.1.2, 715.3.1 and 715.4 shall be in
accordance with Section 1705.18.1 or 1705.18.2.
16-20.110 - Amendments to Chapter 8 of the Fire Code; Interior Finish, Decorative Materials and
Furnishings.
SECTION 806 NATURAL DECORATIVE VEGETATION IN NEW AND EXISTING
BUILDINGS
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Amend the first paragraph of Section 806.1.1 to read as follows:
806.1.1 Restricted occupancies. The display of natural cut trees and other decorative vegetation shall be
in accordance with the California Code of Regulations, Title 19, Division 1, Section 3.08 and Sections
806.1 through 806.4.
16-20.120 - Amendments to Chapter 9 of the Fire Code; Fire Protection and Life Safety Systems.
SECTION 901 GENERAL
Amend Section 901.6.2 to read as follows:
901.6.2 Integrated testing. Where two or more fire protection or life safety systems are interconnected,
the intended response of subordinate fire protection and life safety systems shall be verified when
required testing of the initiating system is conducted. In addition, integrated testing shall be performed in
accordance with Sections 901.6.2.1 and 901.6.2.2.
901.6.2.1 High-rise buildings. For high-rise buildings, integrated testing shall comply with NFPA 4, with
an integrated test performed prior to issuance of the certificate of occupancy and at intervals not
exceeding 10 years, unless otherwise specified by an integrated system test plan prepared in accordance
with NFPA 4. If an equipment failure is detected during integrated testing, a repeat of the integrated test
shall not be required, except as necessary to verify operation of fire protection or life safety functions that
are initiated by equipment that was repaired or replaced. For existing buildings, the testing timeframe
shall be specified by the integrated systems test plan prepared in accordance with NFPA 4 as approved by
the fire code official.
901.6.2.2 Smoke control systems. Where a fire alarm system is integrated with a smoke control system
as outlined in Section 909, integrated testing shall comply with NFPA 4, with an integrated test
performed prior to issuance of the certificate of occupancy and at intervals not exceeding 10 years, unless
otherwise specified by an integrated system test plan prepared in accordance with NFPA 4. If an
equipment failure is detected during integrated testing, a repeat of the integrated test shall not be required,
except as necessary to verify operation of fire protection or life safety functions that are initiated by
equipment that was repaired or replaced. For existing buildings, the testing timeframe shall be specified
by the integrated systems test plan prepared in accordance with NFPA 4 as approved by the fire code
official.
Amend Section 901.6.3 to read as follows:
901.6.3 Records Information. Records of all system inspections, tests and maintenance required by the
referenced standard shall be maintained on the premises for a minimum of five years. See 907.7 & 907.8
for fire alarm system inspection, testing and maintenance documentation requirements.
SECTION 903 AUTOMATIC SPRINKLER SYSTEMS
Amend Section 903.2 to read as follows:
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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 903.2.12
whichever is the more restrictive and Sections 903.2.14 through 903.2.21.
For the purposes of this section, firewalls and fire barriers 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, other
than Group R occupancies, except as follows:
a. Buildings and structures not located in any Wildland-Urban Interface and not exceeding
1,200 square feet of fire area.
b. Buildings and structures located in any Wildland-Urban Interface Fire Area and not
exceeding 500 square feet of fire area.
c. Group S-2 or U occupancies, including photovoltaic support structures, used exclusively
for vehicle parking which meet all of the following:
i. Noncombustible construction.
ii. Maximum 5,000 square feet in building area.
iii. Structure is open on not less than three (3) sides nor 75% of structure perimeter.
iv. Minimum of 10 feet separation from existing buildings, or similar structures,
unless area is separated by fire walls complying with California Building Code
706.
d. Canopies, constructed in accordance with CBC 406.7.2, used exclusively for weather
protection of vehicle fueling pads per CBC 406.7.1 and not exceeding 5,000 square feet of
fire area.
2. An automatic sprinkler system shall be installed throughout all new buildings with a Group R fire
area.
Exception: Detached Accessory Dwelling Unit, provided that all of the following are met:
a. The unit meets the definition of an Accessory Dwelling Unit as defined in the
Government Code Section 65852.2.
b. The existing primary residence does not have automatic fire sprinklers.
c. The accessory detached dwelling unit does not exceed 1,200 square feet in size.
d. The unit is on the same lot as the primary residence.
e. The unit meets all apparatus access and water supply requirements of Chapter 5 and
Appendix B of the 2022 California Fire Code.
3. An approved automatic fire sprinkler system shall be installed in new manufactured homes (as
defined in California Health and Safety Code Sections 18007 and 18009) and multifamily
manufactured homes with two dwelling units (as defined in California Health and Safety Code
Section 18008.7) in accordance with Title 25 of the California Code of Regulations.
4. An automatic sprinkler system shall be installed throughout existing buildings with a Group R fire
area when additions are made causing the fire area to exceed 3,600 square feet.
Exception: Additions where all of the following are met:
a. Building addition does not exceed 500 square feet.
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b. The resultant structure meets all water supply requirements of Chapter 5 and
Appendix B of the 2022 California Fire Code.
5. An automatic sprinkler system shall be provided throughout existing Group A, B, E, F, L, M, S and
U buildings and structures, when additions are made that increase the fire area to more than 3,600
square feet or that create conditions described in Sections 903.2.1 through 903.2.18.
6. Any change in the character of occupancy or in use of any building with a fire area equal to or
greater than 3,600 square feet which, in the opinion of the fire code official or building official,
would place the building into a more hazardous division of the same occupancy group or into a
different group of occupancies and constitutes a greater degree of life safety1 or increased fire risk2,
shall require the installation of an approved fire automatic fire sprinkler system.
1 Life Safety – Shall include, but not limited to: Increased occupant load, public assembly areas,
public meeting areas, churches, indoor amusement attractions, buildings with complex exiting
systems due to increased occupant loads, large schools/day-care facilities, large residential care
facilities housing non-ambulatory clients.
2 Fire Risks – Shall include, but not limited to: High-piled combustible storage, woodworking
operations, hazardous operations using hazardous materials, increased fuel loads (storage of
moderate to highly combustible materials), increased sources of ignition (welding, automotive
repair with the use of flammable liquids and open flames).
Add Section 903.2.11.7 to read as follows:
903.2.11.7 Chemical Fume Hood Fire Protection.
Approved automatic fire extinguishing systems shall be provided in chemical fume hoods in the
following cases:
1. Existing hoods having interiors with a flame spread index greater than 25 in which flammable
liquids are handled.
If a hazard assessment determines that an automatic extinguishing system is required for the chemical fume
hood, then the applicable automatic fire protection system standard shall be followed.
SECTION 907 FIRE ALARM AND DETECTION SYSTEMS
Amend Section 907.8 to read as follows:
907.8 Inspection, testing and maintenance. The maintenance and testing schedules and procedures for
fire alarm and fire detection systems shall be in accordance with Sections 907.8.1 through 907.8.4 and
NFPA 72. Records of inspection, testing and maintenance shall be documented using NFPA 72 record of
inspection and testing forms.
SECTION 909 SMOKE CONTROL SYSTEMS
Amend Section 909.20.1 to read as follows:
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909.20.1 Schedule. A routine maintenance and operational testing program shall be initiated immediately
after the smoke control system has passed the acceptance tests. A written schedule for routine maintenance
and operational testing must occur at least annually.
Amend Section 909.22.1 to read as follows:
909.22.1 Schedule. A routine maintenance and operational testing program shall be initiated immediately
after the smoke control system has passed the acceptance tests. A written schedule for routine maintenance
and operational testing shall be established and operational testing must occur at least annually.
16-20.125 Amendments to Chapter 12 of the Fire Code; Energy systems
Amend Section 1202.1 to read as follows:
1202.1 Definitions. The following terms are defined in Chapter 2:
BATTERY SYSTEM, STATIONARY STORAGE.
BATTERY TYPES.
CAPACITOR ENERGY STORAGE SYSTEM.
CRITICAL CIRCUIT.
EMERGENCY POWER SYSTEM.
ENERGY STORAGE MANAGEMENT SYSTEMS.
ENERGY STORAGE SYSTEM (ESS).
ENERGY STORAGE SYSTEM, ELECTROCHEMICAL.
ENERGY STORAGE SYSTEM, MOBILE.
ENERGY STORAGE SYSTEM, WALK-IN UNIT.
ENERGY STORAGE SYSTEM CABINET.
ENERGY STORAGE SYSTEM COMMISSIONING.
ENERGY STORAGE SYSTEM DECOMMISSIONING.
FUEL CELL POWER SYSTEM, STATIONARY.
LARGE-SCALE FIRE TESTING
PORTABLE GENERATOR.
STANDBY POWER SYSTEM.
SECTION 1207 ELECTRICAL ENERGY STORAGE SYSTEMS (ESS)
ELECTRICAL ENERGY STORAGE SYSTEMS (ESS)
Amend Section 1207.1.5 to read as follows:
1207.1.5 Large-scale fire test. Where required elsewhere in Section 1207, large-scale fire testing shall be
conducted in accordance with NFPA 855, and UL 9540A. The testing shall be conducted or witnessed
and reported by an approved testing laboratory and show that a fire involving one ESS will not propagate
to an adjacent ESS, and where installed within buildings, enclosed areas and walk-in units will be
contained within the room, enclosed area or walk-in unit for a duration equal to the fire-resistance rating
of the room separation specified in Section 1207.7.4. The test report shall be provided to the fire code
official for review and approval in accordance with Section 104.8.2.
Amend Section 1207.2.2.1 to read as follows:
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1207.2.2.1 Ongoing inspection and testing. Systems that monitor and protect the ESS installation shall be
inspected and tested in accordance with the manufacturer’s instructions and the operation and maintenance
manual. Inspection and testing records shall be maintained in the operation and maintenance manual and
made available to the fire code official upon request.
Amend Section 1207.5.2 to read as follows:
1207.5.2 Maximum allowable quantities. Fire areas within rooms, areas and walk-in units containing
electrochemical ESS shall not exceed the maximum allowable quantities in Table 1207.5. The allowable
number of fire areas, maximum allowable quantity, and fire-resistance rating of fire-barriers shall comply
with Table 1207.5.1.
Exceptions:
Where approved by the fire code official, rooms, areas and walk-in units containing
electrochemical ESS that exceed the amounts in Table 1207.5 shall be permitted based on a
hazardous mitigation analysis in accordance with Section 1207.1.4 and large-scale fire testing
complying with Section 1207.1.5.
1. Lead-acid and nickel-cadmium battery systems installed in facilities under the exclusive
control of communications utilities and operating at less than 50 VAC and 60 VDC in
accordance with NFPA 76.
2. Dedicated-use buildings in compliance with Section 1207.7.1.
TABLE 1207.5.1
DESIGN AND NUMBER OF ESS FIRE AREAS
STORY PERCENTAGE
OF MAXIMUM
ALLOWABLE
QUANTITY
PER FIRE
AREA
NUMBER
OF FIRE
AREAS PER
STORY
FIRE-
RESISTANCE
RATING FOR
FIRE BARRIERS
IN HOURS
Above grade plan Higher than 9
7-9
6
5
4
3
2
1
25
50
50
50
75
100
100
100
1
2
2
2
4
6
6
6
3
2
2
2
2
2
2
2
Below grade plan 1
2
Lower than 2
100
50
Not Allowed
4
2
Not Allowed
3
3
Not Allowed
Amend Section 1207.5.5 to read as follows:
1207.5.5 Fire suppression systems. Rooms and areas within buildings and walk-in units containing
electrochemical ESS shall be protected by an automatic fire suppression system designed and installed in
accordance with one of the following:
1. An automatic sprinkler system designed and installed in accordance with Section 903.3.1.1 with a
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minimum density of 0.3 gpm/ft2 (1.14 L/min) based on the fire area or 2,500 square-foot (232
m2) design area, whichever is larger.
2. Where approved, an automatic sprinkler system designed and installed in accordance with
Section 903.3.1.1 with a sprinkler hazard classification based on large-scale fire testing
complying with Section 1207.1.5.
3. The following alternative automatic fire-extinguishing systems designed and installed in
accordance with Section 904, provided that the installation is approved by the fire code official
based on large-scale fire testing complying with Section 1207.1.5:
3.1. NFPA 12, Standard on Carbon Dioxide Extinguishing Systems.
3.2. NFPA 15, Standard for Water Spray Fixed Systems for Fire Protection.
3.3. NFPA 750, Standard on Water Mist Fire Protection Systems.
3.4. NFPA 2001, Standard on Clean Agent Fire-Extinguishing Systems.
3.5. NFPA 2010, Standard for Fixed Aerosol Fire-Extinguishing Systems.
Exception: Fire suppression systems for lead-acid and nickel-cadmium battery systems at
facilities under the exclusive control of communications utilities that operate at less than 50 VAC
and 60 VDC shall be provided where required by NFPA 76.
Amend Section 1207.11.3 to read as follows:
1207.11.3 Location. ESS shall be installed only in the following locations:
1. Detached garages and detached accessory structures.
2. Attached garages separated from the dwelling unit living space and sleeping units in accordance
with Section R302.6.
3. Outdoors or on the exterior side of the exterior walls not less than 3 feet (914 mm) from doors
and windows directly entering the dwelling unit and not below or above any emergency escape
and rescue openings.
4. Enclosed utility closets, basements, storage or utility spaces within dwelling units with finished or
noncombustible walls and ceilings. Walls and ceilings of unfinished wood-framed construction
shall be provided with not less than 5/8-inch (15.9 mm) Type X gypsum wallboard.
5. ESS shall not be installed in sleeping rooms, closets, spaces opening directly into sleeping rooms
or in habitable spaces of dwelling units.
Amend Section 1207.11.6 to read as follows:
1207.11.6 Fire detection. ESS installed in Group R-3 and R-4 occupancies shall comply with the
following:
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1. Rooms and areas within dwellings units, sleeping units, basements and attached garages in which
ESS are installed shall be protected by smoke alarms in accordance with Section 907.2.11.
2. A listed heat alarm interconnected to the smoke alarms shall be installed in locations within
dwelling units, sleeping units and attached garages where smoke alarms cannot be installed based
on their listing.
Exceptions:
1. A listed heat detector may be used in place of a heat alarm, so long as it is interconnected
with devices that provide an audible alarm at all sleeping areas.
2. A fire sprinkler associated with an approved automatic sprinkler system that triggers an
audible alarm upon activation of the waterflow switch, may be used in place of a heat
alarm.
16-20.130 Amendments to Chapter 11 of the Fire Code; Construction Requirements for Existing
Buildings.
Delete Chapter 11 of the 2022International Fire Code in its entirety.
16-20.140 – Amendments to Chapter 33 of the Fire Code; Fire Safety During Construction and
Demolition.
SECTION 3305 PRECAUTIONS AGAINST FIRE
Amend Section 3305.5 as follows:
3305.5 Fire watch. Where required by the fire code official or the site safety plan established in
accordance with Section 3303.1, a fire watch shall be provided for building demolition and for building
construction. Fire watch is not intended to facilitate occupancy during ongoing construction in a new
building.
Add Section 3305.10 to read as follows:
3305.10 Fire Walls. When firewalls are required in combustible construction, 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).
SECTION 3311 ACCESS FOR FIRE FIGHTING
Add Section 3311.1.1 to read as follows:
3311.1.1 Fire Department Access Roadways: All construction sites shall be accessible by fire
department apparatus by means of roadways having an all-weather
driving service of not less than 20ft. of unobstructed width. The roads shall
have the ability to withstand the live loads of fire apparatus, and have a
minimum 13ft. 6 in. of vertical clearance. Dead end fire access roads in excess
of 150 ft. in length shall be provided with approved turnarounds.
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When approved by the Fire Code Official, temporary access roadways may be utilized until such time that
the permanent roadways are installed. As a minimum, the
roadway shall consist of a compacted sub base and six (6) inches of road base
material (Class 2 aggregate base rock) both compacted to a minimum 95% and sealed. The perimeter
edges of the roadway shall be contained and delineated by curb and gutter or other approved method. The
use of geotextile reinforcing fabric underlayment or soils lime-treatment may be required if so determined
by the project civil engineer. Provisions for surface drainage shall also be provided where necessary. The
integrity of the roadway shall be maintained at all times.
SECTION 3312 MEANS OF EGRESS
Amend Section 3312.1 to read as follows:
3312.1 Stairways Required. Each level above the first story in 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 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.).
Add Section 3312.4 to read as follows:
Section 3312.4 Required Means of Egress. All buildings under construction shall have at least one
unobstructed means of egress. All means of egress shall be identified in the written fire safety plan as
required by Section 3303.1.
SECTION 3315 AUTOMATIC FIRE SPRINKLER SYSTEM
Amend Section 3315.1 to read as follows:
3315.1 Completion before occupancy. In buildings where an automatic sprinkler system is required by
this code or the California Building Code, it shall be unlawful to occupy any portion of a building or
structure until the automatic sprinkler system installation has been tested and approved.
In new buildings of combustible construction where, automatic fire sprinkler systems are required to be
installed, the system shall be placed in service as soon as possible. Immediately upon the completion of
sprinkler pipe installation on each floor level, the piping shall be hydrostatically tested and inspected.
After inspection approval from the Fire department, each floor level of sprinkler piping shall be connected
to the system supply riser and placed into service with all sprinkler heads uncovered. Protective caps may
be installed on the active sprinklers during the installation of drywall, texturing and painting, but shall be
removed immediately after this work is completed. For system activation notification, an exterior audible
waterflow alarm shall be installed and connected to the sprinkler waterflow device prior to installation of
the monitoring system.
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For buildings equipped with fire sprinkler systems that are undergoing alterations, the sprinkler system(s)
shall remain in service at all times except when system modifications are necessary. Fire sprinkler
systems undergoing modifications shall be returned to service at the end of each workday unless
otherwise approved by the fire department. The General contractor or his/her designee shall check the
sprinkler control valve(s) at the end of each workday to confirm that the system has been restored to
service.
16-20.150 - Amendments to Chapter 49 of the Fire Code; Requirements For
Wildland-Urban Interface Fire Areas.
SECTION 4901 GENERAL
Add Section 4901.3 to read as follows:
4901.3 Where applicable.
These requirements shall apply to 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 and a copy shall be
available on the City’s website.
Add Section 4901.3 to read as follows:
4901.4 Exemptions.
These requirements shall not apply to any land or water area acquired or managed for one or more of
the following purposes or uses:
1. Habitat for endangered or threatened species, or any species that is a candidate for listing as an
endangered or threatened species by the state or federal government.
2. Lands kept in a predominantly natural state as habitat for wildlife, plant, or animal communities.
3. Open space lands that are environmentally sensitive parklands.
4. Other lands having scenic values, as declared by the local agency, or by state or federal law.
Amend Section 4902 to amend the following definition to read as follows:
Wildland-Urban Interface Fire Area: 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. 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 and a copy shall be available on the City’s website.
SECTION 4906 HAZARDOUS VEGETATION AND FUEL MANAGEMENT
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Add Section 4906.1.1 to read as follows:
4906.1.1 Hazardous vegetation and fuels shall be managed to reduce the severity of potential exterior
wildfire exposure to buildings, to reduce the risk of fire spreading to buildings, and provide for safe
access for emergency wildland fire equipment and civilian evacuation concurrently, as required by
applicable laws and standards.
Add Section 4906.1.2 to read as follows:
4906.1.2 Maintenance required.
Maintenance is required to ensure conformance with these standards and measures, and to assure
continued availability, access, and utilization, of the defensible space during a wildfire.
Add Section 4906.1.3 to read as follows:
4906.1.3 Additional measures.
No person subject to these regulations shall permit any fire hazard, as defined in this chapter, to exist on
premises under their control, or fail to take immediate action to abate a fire hazard when requested to do
so by the enforcing agency.
Add Section 4906.1.4 to read as follows:
4906.1.4 Exemption.
For the purposes of this chapter, vegetation removal or management, undertaken in whole or in part, for
fire prevention or suppression purposes shall not be deemed to alter the natural condition of public
property.
Amend Section 4906.2 to read as follows:
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 Interface
Fire Area by the City of Saratoga.
SECTION 4907 DEFENSIBLE SPACE
Amend Section 4907.1 to read as follows:
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
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(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.
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.
6. Defensible space shall also be provided around water tank structures, water supply pumps and pump
houses.
7. Remove flammable vegetation a minimum of 10 feet around liquefied petroleum gas tanks/containers.
8. 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).
Exception: Firewood and combustible materials not for consumption on the premises shall be
stored as approved by the fire code official.
9. Clear areas within 10 feet (3048 mm) of fire apparatus access roads and driveways 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.
Add Section 4907.4 to read as follows:
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4907.4Corrective 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 conditions
exist.
Amend Section 4907.3 to read as follows:
4907.3 Requirements. Hazardous vegetation and fuels around all buildings, roads, driveways, and
structures shall be maintained in accordance with the following laws and regulations:
1. Public Resources Code, Sections 4291 through 4296.
2. California Code of Regulations, Title 14, Division 1.5, Chapter 7, Subchapter 3, Article 3, Section
1299.03.
3. California Government Code, Sections 51175 - 51189.
4. California Code of Regulations, Title 19, Division 1, Chapter 7, Subchapter 1, Section 3.07.
5. Any local ordinance of the City of Saratoga.
Add Section 4908 to read as follows:
SECTION 4911 FIRE PROTECTION PLAN
4911.1 General. When required by the code official, a fire protection plan shall be prepared.
4911.2 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.
4911.3 Cost. The cost of fire protection plan preparation and review shall be the responsibility of the
applicant.
4911.4 Plan Retention. The fire protection plan shall be retained by the fire code official.
Add Section 4912 to read as follows:
SECTION 4912 WATER SUPPLY
4912.1 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 Section 4909.2.
Exception:
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Buildings containing only private garages, carports, sheds and agricultural buildings with a building
area of not more than 500 square feet (56 m2).
4912.2 Standby Power. Standby power shall be provided to pumps, controllers and related electrical
equipment so that stationary water supply facilities within the wildland-urban interface area that are
dependent on electrical power can provide the required water supply. The standby power system shall be
in accordance with the Electrical Code. 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.
Add Section 4912 to read as follows:
SECTION 4913 IGNITION SOURCE CONTROL
4913.1 Fireworks. Fireworks shall not be used or possessed in the Wildland-Urban Interface Fire Area.
16-20.160 Amendments to Chapter 50 of the Fire Code; Hazardous Provisions
Chapter 50 of the 2022 California Fire Code is adopted with the following amendments:
SECTION 5001 GENERAL
Amend Section 5001.2.2.2 to read as follows:
5001.2.2.2 Health Hazards The material categories listed in this section are classified as health hazards.
A material with a primary classification as a health hazard can also pose a physical hazard.
1. Highly toxic and toxic materials.
2. Corrosive materials.
3. Moderately toxic gas.
4. Health hazards - Other.
SECTION 5002 DEFINITIONS
Amend Section 5002.1 to read as follows:
5002.1 Definitions. The following terms are defined in Chapter 2:
BOILING POINT.
CEILING LIMIT.
CHEMICAL.
CHEMICAL NAME.
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CLOSED CONTAINER.
CONTAINER.
CONTROL AREA.
CYLINDER.
DAY BOX.
DEFLAGRATION.
DESIGN PRESSURE.
DETACHED BUILDING.
DISPENSING.
EXCESS FLOW CONTROL.
EXHAUSTED ENCLOSURE.
EXPLOSION.
FLAMMABLE VAPORS OR FUMES.
GAS CABINET.
GAS ROOM.
HANDLING.
HAZARDOUS MATERIALS.
HEALTH HAZARD.
HEALTH HAZARD – OTHER.
IMMEDIATELY DANGEROUS TO LIFE AND
HEALTH (IDLH).
INCOMPATIBLE MATERIALS.
LIQUID.
LOWER EXPLOSIVE LIMIT (LEL).
LOWER FLAMMABLE LIMIT (LFL).
MAXIMUM ALLOWABLE QUANTITY PER CONTROL AREA.
MODERATELY TOXIC GAS.
NORMAL TEMPERATURE AND PRESSURE (NTP).
OUTDOOR CONTROL AREA.
PERMISSIBLE EXPOSURE LIMIT (PEL).
PESTICIDE.
PHYSICAL HAZARD.
PRESSURE VESSEL.
SAFETY CAN.
SAFETY DATA SHEET (SDS).
SECONDARY CONTAINMENT.
SEGREGATED.
SOLID.
SPILL CONTROL.
STORAGE, HAZARDOUS MATERIALS.
SYSTEM.
TANK, ATMOSPHERIC.
TANK, PORTABLE.
TANK, STATIONARY.
TANK VEHICLE.
UNAUTHORIZED DISCHARGE.
USE (MATERIAL).
VAPOR PRESSURE.
SECTION 5003 GENERAL REQUIREMENTS
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Add Section 5003.1.3.1 to read as follows:
5003.1.3.1 Toxic, Highly Toxic, Moderately Toxic Gases and Similarly Used or Handled Materials.
The storage, use and handling of toxic, highly toxic and moderately toxic gases in amounts exceeding Table
6004.2.1.4 shall be in accordance with this chapter and Chapter 60. Any toxic, highly toxic or moderately
toxic material that is used or handled as a gas or vapor shall be in accordance with the requirements for
toxic, highly toxic or moderately toxic gases.
Add Section 5003.1.5 to read as follows:
5003.1.5 Health Hazards - Other. The storage, use and handling of materials classified as other health
hazards including carcinogens, irritants and sensitizers in amounts exceeding 810 cubic feet for gases, 55
gallons for liquids and 5,000 pounds for solids shall be in accordance with Section 5003.
Add Section 5003.1.6 to read as follows:
5003.1.6 Additional Spill Control and Secondary Containment Requirements. In addition to the
requirements set forth in Section 5004.2. An approved containment system is required for any quantity of
hazardous materials that are liquids or solids at normal temperature, and pressure (NTP) where a spill is
determined to be a plausible event and where such an event would endanger people, property or the
environment. The approved containment system may be required to include a combination of spill control
and secondary containment meeting the design and construction requirements set forth in Section 5004.2.
Amend Sec. 5003.2.2.1 to read as follows:
5003.2.2.1 Design and Construction. Piping, tubing, valves, fittings and related components used for
hazardous materials shall be in accordance with the following:
1. Piping, tubing, valves, fittings and related components shall be designed and fabricated from materials
that are compatible with the material to be contained and shall be of adequate strength and durability
to withstand the pressure, structural and seismic stress, and exposure to which they are subject.
2. Piping and tubing shall be identified in accordance with ASME A13.1 and the Santa Clara County Fire
Chiefs Marking Requirements and Guidelines for Hazardous Materials and Hazardous Waste to
indicate the material conveyed.
3. Manual valves or automatic remotely activated fail-safe emergency shutoff valves shall be installed on
supply piping and tubing and provided with ready access at the following locations:
3.1. The point of use.
3.2. The tank, cylinder or bulk source.
4. Manual emergency shutoff valves and controls for remotely activated emergency shutoff valves shall
be clearly visible, provided with ready access and identified in an approved manner.
5. Backflow prevention or check valves shall be provided where the backflow of hazardous materials
could create a hazardous condition or cause the unauthorized discharge of hazardous materials.
6. Where gases or liquids having a hazard ranking of:
Health hazard Class 3 or 4
Flammability Class 4
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Reactivity Class 4
in accordance with NFPA 704 are carried in pressurized piping above 15 pounds per square inch gauge
(psig)(103 Kpa), an approved means of leak detection, emergency shutoff or excess flow control shall
be provided. Where the piping originates from within a hazardous material storage room or area, the
excess flow control shall be located within the storage room or area. Where the piping originates from
a bulk source, the excess flow control shall be located as close to the bulk source as practical.
Exceptions:
1. Piping for inlet connections designed to prevent backflow.
2. Piping for pressure relief devices.
7. Secondary containment or equivalent protection from spills or leaks shall be provided for piping for
liquid hazardous materials and for highly toxic and toxic corrosive gases above threshold quantities
listed in Table 6004.2.1.4. Secondary containment includes, but is not limited to double-walled piping.
Exceptions:
1. Secondary containment is not required for toxic corrosive gases if the piping is constructed of
inert materials.
2. Piping under sub-atmospheric conditions if the piping is equipped with an alarm and fail-safe-
to-close valve activated by a loss of vacuum.
8. Expansion chambers shall be provided between valves whenever the regulated gas may be subjected to
thermal expansion. Chambers shall be sized to provide protection for piping and instrumentation and
to accommodate the expansion of regulated materials.
Amend Section 5003.2.2.2 to read as follows:
5003.2.2.2 Additional Regulation for Supply Piping for Health Hazard Materials. Supply piping and
tubing for gases and liquids having a health hazard ranking of 3 or 4 shall be in accordance with ASME
B31.3 and the following:
1. Piping and tubing utilized for the transmission of highly toxic, toxic, or highly volatile
corrosive liquids and gases shall have welded or brazed connections throughout except for
connections within an exhausted enclosure if the material is a gas, or an approved method of
drainage or containment is provided for connections if the material is a liquid.
2. Piping and tubing shall not be located within corridors, within any portion of a means of egress
required to be enclosed in fire-resistance-rated construction or in concealed spaces in areas not
classified as Group H Occupancies.
3. All primary piping for toxic, highly toxic and moderately toxic gases shall pass a helium leak
test of 1x10-9 cubic centimeters/second where practical, or shall pass testing in accordance
with an approved, nationally recognized standard. Tests shall be conducted by a qualified "third
party" not involved with the construction of the piping and control systems.
EXCEPTION:
Piping and tubing within the space defined by the walls of corridors and the floor or roof above or
in concealed spaces above other occupancies where installed in accordance with Section
415.11.7.4 of the California Building Code for Group H-5 occupancies.
Add Sec. 5003.5.2 to read as follows:
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5003.5.2 Ventilation Ducting. Ducts venting hazardous materials operations shall be labeled with the hazard
class of the material being vented and the direction of flow.
Add Sec. 5003.5.3 to read as follows:
5003.5.3 “H" Occupancies. In "H" occupancies, all piping and tubing may be required to be identified when
there is any possibility of confusion with hazardous materials transport tubing or piping. Flow direction
indicators are required.
Amend Section 5003.10.4 to read as follows:
5003.10.4 Elevators utilized to transport hazardous materials.
5003.10.4.1 When transporting hazardous materials, elevators shall have no other passengers
other than the individual(s) handling the chemical transport cart.
5003.10.4.1.1 When transporting cryogenic or liquefied compressed gases, there shall be
no occupants in the elevator.
5003.10.4.2 Hazardous materials liquid containers shall have a maximum capacity of 20 liters
(5.28 gal).
5003.10.4.3 Toxic, moderately toxic, and highly-toxic gases shall be limited to a container of a
maximum water capacity of 1 pound.
5003.10.4.4 When transporting cryogenic or liquefied compressed gases, means shall be provided
to prevent the elevator from being summoned to other floors.
SECTION 5004 STORAGE
Amend Section 5004.2.1 to read as follows:
5004.2.1 Spill Control for Hazardous Material Liquids. Rooms, buildings or areas used for storage of
hazardous material liquids shall be provided with spill control to prevent the flow of liquids to adjoining
areas. Floors in indoor locations and similar surfaces in outdoor locations shall be constructed to contain a
spill from the largest single vessel by one of the following methods:
1. Liquid-tight sloped or recessed floors in indoor locations or similar areas in outdoor locations.
2. Liquid-tight floors in indoor and outdoor locations or similar areas provided with liquid-tight raised
or recessed sills or dikes.
3. Sumps and collection systems
4. Other approved engineered systems.
Except for surfacing, the floors, sills, dikes, sumps and collection systems shall be constructed of
noncombustible material, and the liquid-tight seal shall be compatible with the material stored. When
liquid-tight sills or dikes are provided, they are not required at perimeter openings having an open-grate
trench across the opening that connects to an approved collection system.
Amend Section 5004.2.2.2 to read as follows:
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5004.2.2.2 Incompatible Materials. Incompatible materials shall be separated from each other in
independent secondary containment systems.
16-20.165 Amendments to Chapter 54 of the Fire Code; Corrosive Materials
Chapter 54 of the 2022 California Fire Code is adopted with the following amendments:
SECTION 5402
DEFINITION
Amend Section 5402.1 to read as follows:
5402.1 Definition. The following terms are defined in Chapter 2:
CORROSIVE.
CORROSIVE LIQUIDS.
16-20.170 - Amendments to Chapter 56 of the Fire Code; Explosives and Fireworks.
Amend Section 5601.1.3 to read as follows:
5601.1.3 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.
Exception
The use of fireworks for fireworks displays pyrotechnics before a proximate audience and
pyrotechnic special effects in motion pictures, television, theatrical or group entertainment
productions as allowed in Title 19, Division 1, Chapter 6 Fireworks reprinted in Section 5608 and
Health and Safety Code Division 11.
16-20.180 - Amendments to Chapter 57 of the Fire Code; Flammable and Combustible Liquids.
SECTION 5704 STORAGE
Amend section 5704.2.7.5.8 to read as follows:
5704.2.7.5.8 Overfill Prevention.
An approved means or method in accordance with Section 5704.2.9.7.5 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 Section 5706.4 or 5706.7 shall have overfill protection in accordance with API 2350.
Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or less need only comply
with Section 5704.2.9.7.5 (Item 1, Sub-item 1.1).
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An approved means or method in accordance with Section 5704.2.9.7.5 shall be provided to prevent the
overfilling of Class IIIB liquid storage tanks connected to fuel-burning equipment inside buildings.
Exception: Outside aboveground tanks with a capacity of 1320 gallons (5000 L) or less need only comply
with Section 5704.2.9.7.5 (Item 1, Sub-item 1.1).
Add section 5704.2.7.5.9 to read as follows:
5704.2.7.5.9 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.
Amend Section 5704.2.9.6.1 to read as follows:
5704.2.9.6.1 Location where above-ground tanks are prohibited. The storage of Class I and II
liquids in above-ground tanks outside of building is prohibited in all locations of the City of Saratoga which
are residential or congested commercial areas as determined by the fire code official.
Amend Section 5706.2.4.4 to read as follows:
5706.2.4.4 Locations where above-ground tanks are prohibited. Storage of Class I and II liquids
in above-ground tanks is prohibited in all locations of the City of Saratoga which are residential or
congested commercial areas as determined by the fire code official.
Amend section 5707 to read as follows:
5707.3.3 Site plan.
A site plan shall be developed for each location or area at which mobile fueling occurs. The site plan shall
be in sufficient detail to indicate the following:
1. All buildings and structures.
2. Lot lines or property lines.
3. Electric car chargers.
4. Solar photovoltaic parking lot canopies.
5. Appurtenances on-site and their use or function.
6. All uses adjacent to the lot lines of the site.
7. Fueling locations.
8. Locations of all storm drain openings and adjacent waterways or wetlands.
9. Information regarding slope, natural drainage, curbing and impounding.
10. How a spill will be kept on the site property.
11. Scale of the site plan.
16-20.190 - Amendments to Chapter 58 of the Fire Code; Flammable Gases and Flammable
Cryogenic Fluids.
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Amend Section 5806.2 to read as follows:
5806.2 Limitations. The storage of flammable cryogenic fluids in stationary containers outside of
buildings is prohibited in all location of the City of Saratoga which are residential or congested
commercial areas as determined by the fire code official.
SECTION 5809 MOBILE GASEOUS FUELING OF HYDROGEN-FUELED VEHICLES
Amend Section 5809.3.4 to read as follows:
5809.3.4 Site plan. For other than emergency roadside service, a site plan shall be developed for each
location at which mobile gaseous hydrogen fueling occurs. The site plan shall be in sufficient detail to
indicate; all buildings, structures, lot lines, property lines and appurtenances on site and their use and
function, and the scale of the site plan.
SECTION 6001 GENERAL
Amend Section 6001.1 to read as follows:
6001.1 Scope.
The storage and use of highly toxic, toxic and moderately toxic materials shall comply with this chapter.
Compressed gases shall also comply with Chapter 53.
Exceptions:
1. Display and storage in Group M and storage in Group S occupancies complying with Section
5003.11.
2. Conditions involving pesticides or agricultural products as follows:
2.1 Application and release of pesticide, agricultural products and materials intended
for use in weed abatement, erosion control, soil amendment or similar
applications when applied in accordance with the manufacturer’s instruction and
label directions.
2.2 Transportation of pesticides in compliance with the Federal Hazardous Materials
Transportation Act and regulations thereunder.
2.3 Storage in dwellings or private garages of pesticides registered by the
US Environmental Protection Agency to be utilized in and around the home,
garden, pool, spa and patio.
SECTION 6004 HIGHLY TOXIC AND TOXIC COMPRESSED GASES
Amend Section 6004.1 to read as follows:
6004.1 General.
The storage and use of highly toxic, toxic, and moderately toxic compressed gases shall comply with this
section.
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6004.1.1 Special limitations for indoor storage and use by occupancy. The indoor storage and
use of highly toxic, toxic, and moderately toxic compressed gases in certain occupancies shall be
subject to the limitations contained in Sections 6004.1.1.1 through 6004.1.1.3.
6004.1.1.1 Group A, E, I or U occupancies. Moderately toxic, toxic and highly toxic
compressed gases shall not be stored or used within Group A, E, I or U occupancies.
Exception: Cylinders not exceeding 20 cubic feet (0.566 m3) at normal
temperature and pressure (NTP) are allowed within gas cabinets or fume hoods.
6004.1.1.2 Group R occupancies. Moderately toxic, toxic, and highly toxic compressed
gases shall not be stored or used in Group R occupancies.
6004.1.1.3 Offices, retail sales and classrooms. Moderately toxic, toxic and highly
toxic compressed gases shall not be stored or used in offices, retail sales or classroom
portions of Group B, F, M or S occupancies.
Exception: In classrooms of Group B occupancies, cylinders with a capacity not
exceeding 20 cubic feet (0.566 m3) at NTP are allowed in gas cabinets or fume
hoods.
Amend Section 6004.2 to read as follows:
6004.2 Indoor storage and use.
The indoor storage and use of highly toxic, toxic, and moderately toxic compressed gases shall be in
accordance with Sections 6004.2.1 through 6004.2.2.10.3.
Amend Section 6004.2.1 to read as follows:
6004.2.1 Applicability. The applicability of regulations governing the indoor storage and use of
highly toxic, toxic, and moderately toxic compressed gases shall be as set forth in Sections
6004.2.1.1 through 6004.2.1.4.
Add section 6004.2.1.4 to read as follows:
6004.2.1.4 Quantities exceeding the minimum threshold quantities but not exceeding the maximum
allowable quantities per control area. The indoor storage or use of highly toxic, toxic, and moderately
toxic gases in amounts exceeding the minimum threshold quantities per control area set forth in Table
6004.2.1.4 but not exceeding maximum allowable quantity per control area set forth in Table 5003.1.1(2)
shall be in accordance with Sections 5001, 5003, 6001, 6004.1, and 6004.4
Add table 6004.2.1.4 to read as follows:
Minimum Threshold Quantities for Highly Toxic, Toxic and Moderately Toxic Gases for Indoor
Storage and Use
Highly Toxic 20
Toxic 405 cubic feet
Moderately Toxic 405 cubic feet
Add Section 6004.4 to read as follows:
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6004.4. General indoor requirements. The general requirements applicable to the indoor storage and
use of highly toxic, toxic, and moderately toxic compressed gases shall be in accordance with Sections
6004.4 through 6004.4.8.2
6004.4.1 Cylinder and tank location. Cylinders shall be located within gas cabinets,
exhausted enclosures or gas rooms. Portable and stationary tanks shall be located within gas
rooms or exhausted enclosures.
Exceptions:
1. Where a gas detection system is provided in accordance with 6004.4.8
6004.4.2. Ventilated areas. The room or area in which gas cabinets or exhausted enclosures are
located shall be provided with exhaust ventilation. Gas cabinets or exhausted enclosures shall not
be used as the sole means of exhaust for any room or area.
6004.4.3. Piping and controls. In addition to the requirements of Section 5003.2.2, piping and
controls on stationary tanks, portable tanks, and cylinders shall comply with the following
requirements:
1. Stationary tanks, portable tanks, and cylinders in use shall be provided with a means
of excess flow control on all tank and cylinder inlet or outlet connections.
Exceptions:
1. Inlet connections designed to prevent backflow.
2. Pressure relief devices.
6004.4.4 Gas rooms. Gas rooms shall comply with Section 5003.8.4 and both of the following
requirements:
1. The exhaust ventilation from gas rooms shall be directed to an exhaust system.
2. Gas rooms shall be equipped with an approved automatic sprinkler system.
Alternative fire- extinguishing systems shall not be used.
6004.4.5 Treatment systems. The exhaust ventilation from gas cabinets, exhausted enclosures
and gas rooms, required in Section 6004.4.1 shall be directed to a treatment system. The
treatment system shall be utilized to handle the accidental release of gas and to process exhaust
ventilation. The treatment system shall be designed in accordance with Sections 6004.2.2.7.1
through 6004.2.2.7.5 and Chapter 5 of the California Mechanical Code.
Exceptions:
1. Highly toxic, toxic, and moderately toxic gases—storage. A treatment system is not
required for cylinders, containers and tanks in storage where all of the following controls
are provided:
1.1 Valve outlets are equipped with gas- tight outlet plugs or caps.
1.2 Hand wheel-operated valves have handles secured to prevent movement.
1.3 Approved containment vessels or containment systems are provided in
accordance with Section 6004.2.2.3.
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2. Highly toxic, toxic, and moderately toxic gases —use. Treatment systems are not
required for highly toxic, toxic, and moderately toxic gases supplied by stationary tanks,
portable tanks, or cylinders where a gas detection system complying with Section
6004.4.8 and listed or approved automatic-closing fail- safe valves are provided. The gas
detection system shall have a sensing interval not exceeding 5 minutes. Automatic-
closing fail- safe valves shall be located immediately adjacent to cylinder valves and shall
close when gas is detected at the permissible exposure limit (PEL) by a gas sensor
monitoring the exhaust system at the point of discharge from the gas cabinet, exhausted
enclosure, ventilated enclosure or gas room.
6004.4.5.1. Design. Treatment systems shall be capable of diluting, adsorbing, absorbing,
containing, neutralizing, burning or otherwise processing the contents of the largest single
vessel of compressed gas. Where a total containment system is used, the system shall be
designed to handle the maximum anticipated pressure of release to the system when it reaches
equilibrium.
6004.4.5.2. Performance. Treatment systems shall be designed to reduce the maximum
allowable dis- charge concentrations of the gas to one-half immediate by dangerous to life
and health (IDLH) at the point of discharge to the atmosphere. Where more than one gas is
emitted to the treatment system, the treatment system shall be designed to handle the worst-
case release based on the release rate, the quantity and the IDLH for all compressed gases
stored or used.
6004.4.5.3. Sizing. Treatment systems shall be sized to process the maximum worst-case
release of gas based on the maximum flow rate of release from the largest vessel utilized. The
entire contents of the largest compressed gas vessel shall be considered.
6004.4.5.4 Stationary tanks. Stationary tanks shall be labeled with the maximum rate of
release for the compressed gas contained based on valves or fittings that are inserted directly
into the tank. Where multiple valves or fittings are provided, the maximum flow rate of
release for valves or fittings with the highest flow rate shall be indicated. Where liquefied
compressed gases are in contact with valves or fittings, the liquid flow rate shall be utilized
for computation purposes. Flow rates indicated on the label shall be converted to cubic feet
per minute (cfm/min) (m3/s) of gas at normal temperature and pressure (NTP).
6004.4.5.5 Portable tanks and cylinders. The maximum flow rate of release for portable
tanks and cylinders shall be calculated based on the total release from the cylinder or tank
within the time specified in Table 6004.2.2.7.5. Where portable tanks or cylinders are
equipped with approved excess flow or reduced flow valves, the worst-case release shall be
determined by the maximum achievable flow from the valve as determined by the valve
manufacturer or compressed gas supplier. Reduced flow and excess flow valves shall be
permanently marked by the valve manufacturer to indicate the maximum design flow rate.
Such markings shall indicate the flow rate for air under normal temperature and pressure.
6004.4.6. Emergency power. Emergency power shall be provided for the following systems in
accordance with Section 604:
1. Exhaust ventilation system.
2. Treatment system.
3. Gas detection system.
4. Smoke detection system.
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6004.4.6.1. Fail-safe systems. Emergency power shall not be required for mechanical
exhaust ventilation and treatment systems where approved fail-safe systems are installed and
designed to stop gas flow.
6004.4.7. Automatic fire detection system. An approved automatic fire detection system shall
be installed in rooms or areas where highly toxic, toxic, and moderately toxic compressed gases
are stored or used. Activation of the detection system shall sound a local alarm. The fire detection
system shall comply with Section 907.
6004.4.8. Gas detection system. A gas detection system complying with Section 916 shall be
provided to detect the presence of gas at or below the PEL or ceiling limit of the gas for which
detection is provided.
Exceptions:
1. A gas detection system is not required for toxic and moderately toxic gases when the
physiological warning threshold level for the gas is at a level below the accepted PEL
for the gas.
2. A gas detection system is not required for highly toxic, toxic, and moderately toxic
gases where cylinders, portable tanks, and all non-continuously welded connects are
within a gas cabinet or exhausted enclosures.
6004.4.8.1. Alarms. The gas detection system shall initiate a local alarm and transmit a
signal to an approved location.
6004.4.8.2. Shut off of gas supply. The gas detection system shall automatically close
the shut off valve at the source on gas supply piping and tubing related to the system
being monitored for whichever gas is detected.
Exception: Automatic shutdown is not required for highly toxic, toxic, and
moderately toxic compressed gas systems where all of the following controls are
provided:
1. Constantly attended / supervised.
2. Provided with emergency shutoff valves that have ready access.
16-20.200 - Amendments to Chapter 61 of the Fire Code; Liquified Petroleum Gases
SECTION 6104 LOCATION OF LP-GAS CONTAINERS
Amend Section 6104.2 to read as follows:
6104.2 Maximum capacity within established limits.
Within the limits established by law restricting the storage of liquefied petroleum gas for the protection of
heavily populated or congested areas, the aggregate capacity of any one installation shall not exceed a
water capacity of 2,000 gallons (7570 L) .
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Exception: In particular installations, this capacity limit shall be determined by the fire code official, after
consideration of special features such as topographical conditions, nature of occupancy, and proximity to
buildings, capacity of proposed LP-gas containers, degree of fire protection to be provided and
capabilities of the local fire department.
16-20.210 - Amendments to Chapter 64 of Fire Code; Pyrophoric Materials
Chapter 64 of the 2022 California Fire Code is adopted with the following amendments:
SECTION 6405 USE
Add Section 6405.3.1 to read as follows:
6405.3.1 Silane distribution systems automatic shutdown.
Silane distribution systems shall automatically shut down at the source upon activation of the gas
detection system at levels above the alarm level and/or failure of the ventilation system for the silane
distribution system.
16-20.220 - Amendments to Chapter 80 of Fire Code; Reference Standard
NFPA
Add the following reference standard to read as follows:
855 – 20: Standard for the Installation of Stationary Energy Storage Systems
Amendments to Part VII-Appendices
APPENDIX B
FIRE-FLOW REQUIREMENTS FOR BUILDINGS
SECTION B105 FIRE=FLOW REQUIRES FOR BUILDINGS
Amend Section B105.2 to read as follows:
B105.2 Buildings other than one- and two-family dwellings, Group R-3 and R-4 buildings and
townhouses. The minimum fire-flow and flow duration for buildings other than one- and two-family
dwellings, Group R-3 and R-4 buildings and townhouses shall be as specified in Tables B105.1(2) and
B105.2.
Exceptions: [SFM] Group B, S-2 and U occupancies having a floor area not exceeding 1,000
square feet, primarily constructed of noncombustible exterior walls with wood or steel roof
framing, having a Class A roof assembly, with uses limited to the following or similar uses:
1. California State Parks buildings of an accessory nature (restrooms).
2. Safety roadside rest areas (SRRA), public restrooms.
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3. Truck inspection facilities (TIF), CHP office space and vehicle inspection bays.
4. Sand/salt storage buildings, storage of sand and salt.
The maximum fire flow reduction for all commercial buildings greater than 30,000 square feet and
residential podium buildings shall not exceed 25 percent of the fire flow specified in Table B105.1(2).
The maximum fire flow reduction for all other buildings shall not exceed 50 percent of the fire flow
specified in Table B105.1(2).
APPENDIX C
FIRE HYDRANT LOCATIONS AND DISTRIBUTION
SECTION C102 NUMBER OF FIRE HYDRANTS
Amend Section C102.1 to read as follows:
C102.1 Minimum number of fire hydrants for a building. The number of fire hydrants available to a
building shall be not less than the minimum specified in Table C102.1, utilizing the base fire flow without
fire sprinkler reduction.
APPENDIX D
FIRE APPARATUS ACCESS ROADS
SECTION D103 MINIMUM SPECIFICATION
Delete Section D103.1:
Amend Section D103.2 as follows:
D103.2 Grade. The maximum grade of a fire department apparatus access road shall not exceed 15-percent,
unless approved by the fire code official.
Amend Section D103.3 as follows:
D103.3 Turning radius. The required turning radius of a fire apparatus access roads shall be a minimum
of 30 feet inside, and a minimum of 50 feet outside.
Amend Section D103.4 to read as follows:
D103.4 Dead ends. Dead-end fire apparatus access roads and/or driveways in excess of 150 feet (45 720
mm) shall be provided with width and turnaround provisions in accordance with Santa Clara County Fire
Department apparatus access and turnaround standards.
Amend Section D103.6 to read as follows:
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D103.6 Signs. Where required by the Fire Code Official, fire apparatus access roads shall be designated
and marked as a fire lane as set forth in Section 22500.1 of the California Vehicle Code and the Santa
Clara County Fire Department A-6 Standard. Signs shall have a minimum dimension of 12 inches (305
mm) wide by 18 inches (457 mm) high and have red letters on a white reflective background. Signs shall
be posted on one or both sides of the fire apparatus road as required by Section D103.6.1 or D103.6.2.
Article 16-25 – Plumbing Code
16-25.010 Adoption of the 2022 California Plumbing Code.
(a) The 2022 California Plumbing Code, Title 24, Part 5, including Appendix Chapters A, B,
C, D, H, and I 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.
(b) At least one true copy of the Plumbing Code has been on file with the City Clerk for 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 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.
Article 16-30 – Mechanical Code
16-30.010 Adoption of the 2022California Mechanical Code.
(a) The 2022California Mechanical Code, Title 24, Part 4, 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.
(b) At least one true copy of the Mechanical Code has been on file with the City Clerk for
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 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.
Article 16-35 Electrical Code
16-35.010 Adoption of the 2022 California Electrical Code.
(a) The 2022 California Electrical Code, Title 24, Part 3, 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.
(b)At least one true copy of the Electrical Code has been on file with the City Clerk for
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 Electrical Code shall be kept for public
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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.
Article 16-49 – Green Building Standards Code
16-49.010 Adoption of the 2022 California Green Building Standards Code.
(a) The 2022 California Green Building Standards Code, Title 24, Part 11, hereinafter referred to
as the "Green Building Standards Code," referred to and, except as to additions, deletions and
amendments hereinafter described, such code is hereby 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. 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) At least one true copy of the Green Building Standards Code has been on file with the City
Clerk for 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 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.
(c) The additions, deletions and amendments set forth in this Article are made to the Green Building
Standards Code, as adopted by reference in Section 16-49.010(a).
16-49.020 - Amendments to Chapter 2 of Green Building Standards Code; Definitions
Chapter 2 of the 2022 California Green Building Standards Code is adopted with the following
amendments:
Section 202 Definitions
Amend Section 202 to include the following definitions to read as follows (where Section 202 includes
one of the following terms, this amendment replaces that term with the term included here):
AUTOMATIC LOAD MANAGEMENT SYSTEM (ALMS). A control system designed to
manage load across one or more electric vehicle supply equipment (EVSE), circuits, panels and to
share electrical capacity and/or automatically manage power at each connection point. ALMS
systems shall be designed to deliver no less than 3.3 kVa (208/240 volt, 16-ampere) to each EV
Capable, EV Ready or EVCS space served by the ALMS, and meet the requirements of California
Electrical Code Article 625. The connected amperage to the building site for the EV charging
infrastructure shall not be lower than the required connected amperage per California Green Building
Standards Code, Title 24 Part 11.
MOSTLY ELECTRIC BUILDING. A building that contains no combustion equipment or
plumbing for combustion equipment serving space heating (including fireplaces), water heating, and
clothes drying, within the building, and instead uses electric heating appliances for service. Gas
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power appliances shall be allowed for cooking appliances and exterior appliances (barbeques, firepits
and pool heaters).
Exceptions:
1. Public agency-owned and operated emergency centers are not required to be built
as Electrically Heated Buildings. To take advantage of this exception, an applicant
shall provide third party verification that All-Electric space- and water-heating is
not cost effective and feasible.
COMBUSTION EQUIPMENT. Any equipment or appliance used for space heating, water heating,
cooking, clothes drying and/or lighting that uses fuel gas.
ELECTRIC HEATING APPLIANCE. A device that produces heat energy to create a warm
environment by the application of electric power to resistance elements, refrigerant compressors, or
dissimilar material junctions, as defined in the California Mechanical Code.
ELECTRIC READINESS. If a natural gas-powered cooking appliance, is used in a Mostly Electric
Building, the location of such natural gas appliance shall include the following:
1. Cooktop or range
A dedicated 240-volt, 30-amp or greater electrical receptacle that is connected to the
electric panel with conductors of adequate capacity, within 3 feet of the appliance and
accessible with no obstructions;
Both ends of the unused conductor shall be labeled with the words “For Future
Electric Range” and be electrically isolated;
A reserved double-pole circuit breaker space in the electrical panel adjacent to the
circuit breaker for the branch circuit and labeled with the words “For Future Electric
Range;” and
Other electrical components, including conductors, receptacles, or blank covers,
related to this section shall be installed in accordance with the California Electrical
Code.
Exception to 100.0(e)(2)(F)(2): if gas or propane plumbing is not installed for a
cooktop or range, these requirements do not apply.
2. Stand Alone Cooking Oven
A dedicated 240-volt, 30 amp or greater receptacle that is connected to the electric
panel with conductors of adequate capacity, within 3 feet of the appliance and
accessible with no obstructions;
Both ends of the conductor shall be labeled with the word “For Future Electric Oven”
and be electrically isolated; and
A double-pole circuit breaker in the electrical panel labeled with the words “For
Future Electric Oven”.
Exception to 100.0(e)(2)(F)(3): if gas or propane plumbing is not installed for a stand-
alone cooking oven, these requirements do not apply.
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EVCS: a parking space that includes the installation of electrical vehicle supply equipment (what is
typically considered an EV charger).
FUEL GAS. A gas that is natural, manufactured, liquefied petroleum, or a mixture of these.
Level 1 EV Ready: minimum of 20-amp (110/120v) plug labeled “Electric Vehicle Outlet”.
Level 2 EV Ready: minimum of 40-amp (208/240v) plug labeled “Electric Vehicle Outlet”.
Low Power Level 2 EV Ready: minimum 20-amp (208/240v) plug labeled “Electric Vehicle
Outlet”.
NEWLY CONSTRUCTED (or NEW CONSTRUCTION). A newly constructed building or new
construction) does not include additions, alterations or repairs unless deemed a new building as
defined in 15-06.195 - Demolition.
16-49.030 - Amendments to Chapter 4 of Green Building Standards Code; Residential Mandatory
Measures
Chapter 4 of the 2022 California Green Building Standards Code is adopted with the following
amendments:
Chapter 4 RESIDENTIAL MANDATORY MEASURES
Section 4.106 Site Development
Add Section 4.106.5 to read as follows:
4.106.5 Mostly Electric Buildings. New construction buildings and qualifying alteration projects
shall comply with Section 4.106.5.1 or 4.106.5.2 so that they do not use combustion
equipment for heating, water heating, clothes drying and meet electric readiness requirements
for any interior gas cooking appliance
Add Section 4.106.5.1 to read as follows:
4.106.5.1. New construction and qualifying alteration projects. All newly constructed building
shall be mostly electric buildings. Alterations that consist of:
a) Removal or covering of more than fifty percent of the exterior walls of an existing structure so
the walls no longer function as exterior walls and removal of more than fifty percent of the
existing roof structure and exterior roof sheathing; or
b) Removal or covering of more than fifty percent of the exterior walls of an existing structure so
the walls no longer function as exterior walls and removal of more than fifty percent of interior
walls.
shall be mostly electric buildings. If either of these criteria are met within a three-year period,
measured from the date of the most recent previously obtained permit final date, the project shall
be subject to the mostly electric buildings requirements.
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Tenant improvements shall not be considered new construction. The final determination whether a
project meets the definition of substantial reconstruction/alteration shall be made by the local
enforcing agency.
16-49.040 - Amendments to Chapter 5 of Green Building Standards Code; Nonresidential
Mandatory Measures
16-49.020 Electric Vehicle Charging Requirements.
Amend Section 4.106.4.1 to read as follows:
4.106.4.1 New one- and two-family dwellings and townhouses with attached private garages.
For each dwelling unit a wired National Electrical Manufacturers Association (NEMA) outlet supplied by
a 40-ampere 208/240 volt minimum dedicated branch circuit shall be installed specifically for a Level 2
Electric Vehicle Charger.
A second Level 1 EV dedicated branch circuit (minimum 20-amp 110 v) shall be provided.
One of the required circuits or raceways must be installed inside the garage and the second
circuit or raceway must be installed outside of the garage.
Amend Section 4.106.4.2 to read as follows:
4.106.4.2 Multifamily dwellings with residential parking.
Requirements apply to parking spaces that are assigned or leased to individual dwelling units as well as
unassigned residential parking. Visitor or common area parking is not included.
Amend Section 4.106.4.2.1 to read as follows:
4.106.4.2.1 New construction.
Forty percent (40%) of dwelling units with parking spaces shall be EVCS with Level 2 Ready, ALMS
shall be permitted to reduce load when multiple vehicles are charging. Sixty percent (60%) of dwelling
units with parking spaces shall be provided with at minimum Level 1 Ready space. EV ready spaces and
EVCS in multifamily developments shall comply with California building Code, Chapter 11A, Section
1109A. EVCS shall comply with accessibility provisions for EV chargers in the California building Code
chapter 11B.
Amend section 4.106.4.2.2
4.106.4.2.2 Existing buildings.
1. When new parking facilities are added, or electrical systems or lighting of existing
parking facilities are added or altered and the work requires a building permit, ten percent
(10%) of the total number of parking spaces added or altered shall be EVCS. Any
existing EV Capable spaces on the building property required by the locally adopted
codes at the time of building permit shall be upgraded to a minimum of Level 1 EV
Ready. Upgrades shall be required at currently designated vehicle parking spaces.
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Upgrades shall be required for remaining parking spaces after meeting the accessibility
requirements of California Building Code Chapters 11A and 11B.
Exception: Repairs or replacement of existing lighting
2. When new parking facilities are added and ALMS is installed, the ALMS system must be
designed to deliver no less than 2.2 kVa (110/120 volt, 20-ampere).
Add Section 4.303.5 to read as follows:
4.303.50 Indoor Water Use. One- and two-family dwellings shall be equipped with a demand hot water
recirculation system
Add Section 4.305.1 to read as follows:
4.305.1 Graywater. Piping is installed to permit future use of a graywater system served by the clothes
washer and other greywater fixtures
16-49.040 - Amendments to Chapter 5 of Green Building Standards Code; Nonresidential
Mandatory Measures
Chapter 5 of the 2022 California Green Building Standards Code is adopted with the following
amendments:
Chapter 5 – NONRESIDENTIAL MANDATORY MEASURES
Section 5.106- SITE DEVELOPMENT
Add Section 5.106.13 to read as follows:
5.106.13 Mostly Electric Buildings. New construction buildings and qualifying alteration projects
shall comply with Section 4.106.5.1 or 4.106.5.2 so that they do not use combustion equipment for
heating, water heating, clothes drying and meet electric readiness requirements for any interior gas
cooking appliance
Exceptions:
1.Public agency-owned and operated emergency centers are not required to be built as
Electrically Heated Buildings. To take advantage of this exception, an applicant shall provide
third party verification that All-Electric space- and water-heating is not cost effective and
feasible.
Add Section 5.106.13.1 to read as follows:
5.106.13.1. New construction and qualifying alteration projects. All newly constructed building
shall be mostly electric buildings. Alterations that consist of:
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59
(a) Removal or covering of more than fifty percent of the exterior walls of an existing structure
so the walls no longer function as exterior walls and removal of more than fifty percent of the
existing roof structure and exterior roof sheathing; or
(b) Removal or covering of more than fifty percent of the exterior walls of an existing structure
so the walls no longer function as exterior walls and removal of more than fifty percent of
interior walls.
shall be mostly electric buildings. If either of these criteria are met within a three-year period,
measured from the date of the most recent previously obtained permit final date, the project shall
be subject to the mostly electric buildings requirements.
Tenant improvements shall not be considered new construction. The final determination whether a
project meets the definition of substantial reconstruction/alteration shall be made by the local
enforcing agency.
Article 16-51 – Energy Code
16-51.010 Adoption of the 2022 California Energy Code.
(a) The 2022 California Energy Code, Title 24, Part 6, hereinafter referred to as “the Energy
Code," is referred to and, except as to additions, deletions and amendments hereinafter
described, such code is hereby adopted and made a part hereof, the same as if fully set forth in
this Article, and shall be the Energy Code of the City. Notwithstanding the foregoing, the
additions, deletions, and amendments hereinafter described shall not take effect until the
California Energy Commission approval process is completed.
(i) In accordance with California Health and Safety Code Section 17958.7, express
findings that modifications to the Energy 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.
(ii) Pursuant to California Public Resources Code Section 25402.1(h)(2), the City
Council’s findings that modifications to the Energy Code are cost-effective and will
require the diminution of energy consumption levels permitted by the Energy Code are
either already on file with the California Energy Commission or will be filed prior to
the effective date of the ordinance codified in this Article.
(b) At least one true copy of the Energy Code has been on file with the City Clerk for 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 Energy Code shall be kept for public inspection in
the office of the Building Official. A reasonable supply of the Energy Code shall be available
in the office of the City Clerk for public purchase.
Article 16-55 – Referenced Standards Code
16-55.010 Adoption of the 2022 California Referenced Standards Code
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(a) The 2022 California Referenced Standards Code, Title 24, Part 12, hereinafter referred to as
the “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 Standards Code of the City.
(b) At least one true copy of the Standards Code has been on file with the City Clerk for 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 Standards Code shall be kept for public inspection
in the office of the Building Official. A reasonable supply of the Referenced Standards Code
shall be available in the office of the City Clerk for public purchase.
Article 16-56 – Historical Building Code
16-56.010 Adoption of the 2022 California Historical Building Code
(a) The 2022 California Historical Building Code, Title 24, Part 8, hereinafter referred to as the
“Historical Building 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 Historical Building Code of the City.
(b) At least one true copy of the Historical Building Code has been on file with the City Clerk
for 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 Historical Building Code shall be kept for
public inspection in the office of the Building Official. A reasonable supply of the Historical
Building Code shall be available in the office of the City Clerk for public purchase.
Article 16-57 – Existing Building Code
16-56.010 Adoption of the 2022 California Existing Building Code
(a) The 2022 California Existing Building Code, Title 24, Part 10, hereinafter referred to as the
“Existing Building 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 Existing Building Code of the City.
(b) At least one true copy of the Existing Building Code has been on file with the City Clerk for
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 Historical Building Code shall be kept for
public inspection in the office of the Building Official. A reasonable supply of the Existing
Building Code shall be available in the office of the City Clerk for public purchase.
1578813.2
139
SARATOGA CITY COUNCIL
MEETING DATE:October 19, 2022
DEPARTMENT:Public Works
PREPARED BY:Emma Burkhalter, Associate Engineer
SUBJECT:Prospect Road Cost Share Agreement with the City of Cupertino in the
Amount of $164,834
RECOMMENDED ACTION:
Approve the Prospect Road Cost Share Agreement with the City of Cupertino in the amount of
$164,833.91.
BACKGROUND:
In 2022, the City of Cupertino approached the City of Saratoga to let Saratoga Staff know that
they intended to repave Prospect Road between Saratoga-Sunnyvale Road and Stelling Road.
Cupertino proposed a cost share agreement which would allow Cupertino to repave the southern
half of Prospect Road as well, which falls within Saratoga’s jurisdiction, and Saratoga would
reimburse Cupertino for the work completed within Saratoga’s city limits.
By paving the full stretch of Prospect Road between Saratoga-Sunnyvale Road and Stelling
Road, Cupertino was able to get a better price on asphalt and residents will not have to transition
between old and new road surface whenever the city limit line crosses the road.
It is therefore recommended that City Council approve the Prospect Road Cost Share Agreement
with the City of Cupertino in the amount of $164,833.91.
FISCAL STATEMENT:
The FY 22/23 Pavement Management Program will provide the funding for Saratoga’s portion
of the cost share.
ATTACHMENTS:
Attachment A –Prospect Road Cost Share Agreement with the City of Cupertino
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Page 1 of 10
AGREEMENT BETWEEN THE CITY OF SARATOGA
AND THE CITY OF CUPERTINO
FOR PAVEMENT SEALING OF
PROSPECT RD BETWEEN DE ANZA BLVD AND STELLING RD
This Agreement ( “Agreement”) is made and entered into this ___ day of ____________,2022, (“Effective
Date”) by and between the City of Saratoga, a California, municipal corporation, with its principal place
of business located at 13777 Fruitvale Ave, Saratoga, CA 95070 (“SARATOGA”), and the City of
Cupertino, a California municipal corporation, with its principal place of business located at 10300 Torre
Ave, Cupertino, CA 95014 (“CUPERTINO”). SARATOGA and CUPERTINO may be referred to
individually or collectively as the “Parties,” “Cities,” or the “Parties to this Agreement.”
RECITALS
WHEREAS:
A.SARATOGAand CUPERTINOcontemplate placing a Rubberized Chip Seal onProspect
Road between De Anza Blvd and Stelling Road (“PROJECT”), over which SARATOGA
and
CUPERTINO have jurisdiction;
B.It is in the public interest for SARATOGA and CUPERTINO to complete the PROJECT
(as defined in SECTION 1, below) in a cooperative and economical manner by
constructing both portions of the PROJECT for SARATOGA and CUPERTINO at the
same time;
C.The Parties acknowledge CUPERTINO is the California Environmental Quality Act
(“CEQA”) Lead Agency for the PROJECT, and CUPERTINO’s compliance with CEQA
is a precondition to any construction of the PROJECT, including SARATOGA’s portion;
and
D.Each Party has agreed to perform its portion of the work as described herein, under its
own direction.
In consideration of the above referenced recitals and the following mutual covenants, agreements and
obligations of the parties, SARATOGA and CUPERTINO agree as follows:
AGREEMENT PROVISIONS
1.PROJECT DESCRIPTION:
The work to be performed under this Agreement will consist of rubberized chip seal, micro
surfacing, replacement of traffic markings, and markers and legends. The work to be
performed is more fully described in the document entitled "Scope of Work and Schedule of
Performance" set forth in Exhibit A, attached and incorporated by reference.
The City limit between SARATOGA and CUPERTINO along Prospect Road between De
Anza Boulevard and Stelling Road runs along centerline of Prospect Road. Approximately
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Page 2 of 10
50% of the project area is within SARATOGA's jurisdiction and 50% is within
CUPERTINO’s jurisdiction. SARATOGA will be responsible for 100% of SARATOGA’s
Construction Cost (as defined herein) within its jurisdiction.
2.CUPERTINO’s OBLIGATIONS:
CUPERTINO agrees as follows:
A.To act as the lead agency to administer the construction of the PROJECT. Administration
shall include preparation of specifications, contract documents and cost estimate;
notifications to local businesses; coordination with applicable agencies; preparation of all
necessary environmental documents; obtaining permits; obtaining bids; awarding the
construction agreement; administering the construction agreement; providing materials
control and inspection services; and making progress payments to the contractor.
B.To promptly provide SARATOGA with awarded final specifications and contract
documents for the PROJECT.
C.To cooperate with SARATOGA should SARATOGA raise any issues concerning the
work in SARATOGA’s jurisdiction that requires correction by the selected contractor
prior to acceptance or within the warranty period of the PROJECT.
D.To assign as the designated project manager for CUPERTINO for the duration of the
PROJECT Jo Anne Johnson (email: joannej@cupertino.org). CUPERTINO’s project
manager shall have all the necessary authority to direct technical and professional work
within the scope of the Agreement and shall serve as the principal point of contact with
CUPERTINO.
E.To keep and maintain a complete copy of all records regarding costs and expenditures
relating to the PROJECT, together with a complete copy of all plans, specifications,
reports, contracts and other documents relating to the PROJECT, and the same shall be
available for inspection by SARATOGA at any time during usual business hours.
F.To allow SARATOGA staff reasonable access to the PROJECT site, at all reasonable
times and upon advance notice, to perform observation of any work on the
SARATOGA portion of the PROJECT.
G.To provide SARATOGA with a copy of as-built record drawings for the PROJECT
including specifically the SARATOGA portion thereof.
H.To include, in its contract with the contractor on the PROJECT, a requirement that the
contractor include SARATOGA, its officials, officers, employees and agents as
additional insureds, and that the contractor indemnify SARATOGA, its officials,
officers, employees and agents to the same extent that CUPERTINO is indemnified.
I.To require the contractor on the PROJECT obtain all required permits and approvals
for all PROJECT work, including work associated with the SARATOGA portion
thereof.
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Page 3 of 10
J.To provide a final accounting of all PROJECT costs associated with the SARATOGA
portion of the PROJECT to SARATOGA within thirty (30) days after the Parties
accept the PROJECT as complete.
3.SARATOGA’S OBLIGATIONS:
SARATOGA agrees as follows:
A.Pay for 100% of SARATOGA's share of the Construction Cost. As used in this
Agreement, the term “Construction Cost” is defined to mean the actual amount paid to
the contractor for the PROJECT, plus ten percent (10%) for CUPERTINO’s engineering,
construction management and other administrative services and, if necessary, a ten
percent (10%) construction contingency, which construction contingency shall be used to
provide funding for unanticipated work that may be necessary for the proper completion
of the PROJECT. SARATOGA’s share of the Construction Cost is 100% of the
Construction Cost for the SARATOGA owned portion of the road, provided, however,
that total payments made by SARATOGA under this Agreement shall not exceed the
maximum amount of One Hundred and Sixty-Five Thousand Dollars ($165,000)
('"Total ReimbursementAmount").
B.The PARTIES understand that the PROJECT costis based upon the actual unit costs from
bid scheduled and estimated quantities for the PROJECT, as set forth in Exhibit “B”. The
maximum payment amount includes a 10% construction contingency which is consistent
with CUPERTINO’s practice for public works construction contracts awarded to the
lowest responsive and responsible bidder as an allowance for potential contract change
orders. Should the total costs based upon the public work’s bid from CUPERTINO’s
construction contractor exceed the Total Reimbursement Amount, prior to the award of
any contract,this Agreement shall be amended to set forth a revised Total Reimbursement
Amount or this contract shall be terminated.
C.To pay its share of the Construction Cost within forty-five (45) business days of receiving
and approving the detailed invoice from CUPERTINO, provided that the following
conditions are met:
1. The PROJECT has been completed and SARATOGA has approved the portion of the
work in its jurisdiction. Acceptance by SARATOGA shall be made in writing to
CUPERTINO. SARATOGA may request documentation of such costs and may
review the original invoices and weight certificates or request copies of same, which
shall be provided within a reasonable time.
2. The detailed invoice sets forth the cos of construction of all PROJECT work based on
the actual contract unit prices paid and negotiated change order(s), if any.
3. CUPERTINO shall invoice SARATOGA only one (1) time which shall occur after
PROJECT completion, and this invoice shall be considered as the final detailed
invoice for the PROJECT.
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Page 4 of 10
D.To assign as the designated project manager for SARATOGA for the duration of
the PROJECT Emma Burkhalter (email:eburkhalter@saratoga.ca.us). SARATOGA’s
project manager shall have all the necessary authority to review and approve and accept
technical and professional work within the scope of the Agreement and shall serve as the
principal point of contact with CUPERTINO.
4.TERM OF AGREEMENT:
A.Unless otherwise modified by a written amendment to this Agreement, the term of this
Agreement shall be until PROJECT acceptance by both parties and final payments of all
outstanding balances.
B.Consistent with CUPERTINO Standard Specifications, Section 11.2, CUPERTINO shall
cause the contractor to provide a warranty period of at least one (1) year from the
acceptance date.
5.OWNERSHIP AND MAINTENANCE:
A.Upon completion of all work under this Agreement, ownership and title to all materials,
equipment and appurtenances installed as a part of the PROJECT within the limits of
CUPERTINOwill automatically be vested in CUPERTINO, and all materials, equipment
and appurtenances installed as a part of the PROJECT within the SARATOGA limits will
be vested in SARATOGA, and no further agreement will be necessary to transfer
ownership.
B.This Agreement does not change any authority or responsibility between SARATOGA
and CUPERTINO with regard to maintenance, operation or further repair responsibility
for that portion of the PROJECT within each Cities’ limits.
6.CONTRACTOR SHALL BE AN INDEPENDENT CONTRACTOR:
Any contractor(s) hired by either Party to perform the work included in the PROJECT shall not
be an agent or employee of either Party and will perform such work as an independent contractor.
All persons employed by or contracted with such contractor(s) to furnish labor and/or materials
in connection with the work in the PROJECT shall not be employees of either Party in any
respect.
7.TERMINATION:
Once the Agreement for the PROJECT has been executed, the Agreement can be terminated only
upon the mutual written consent and terms acceptable to both parties.
8.NO PLEDGING OF EITHER CITY’S CREDIT:
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Page 5 of 10
Under no circumstances shall either SARATOGA or CUPERTINO have authority or power to
pledge the credit of the other public entity or incur obligation in the name of the other public
entity.
9.NO THIRD PARTY BENEFICIARY:
This Agreement shall not be construed or deemed to be an agreement for the benefit of any third
party or parties and no third party or parties shall have any claim or right of action hereunder for
any cause whatsoever.
10.AMENDMENTS:
No alternation or violation of the terms of this Agreement shall be valid unless made in writing
and signed by the parties and incorporated into this Agreement
11.NOTICES:
Notices are to be sent as follows:
To CUPERTINO:Jo Anne Johnson
Project Manager
Department of Public Works
City of Cupertino
10300 Torre Ave
Cupertino, CA 95014
To SARATOGA:Emma Burkhalter
Associate Engineer
City of Saratoga
13777 Fruitvale Ave
Saratoga, CA 95070
12.SEVERABILITY CLAUSE:
In case any one or more of the provisions contained herein shall, for any reason, be held invalid,
illegal, or unenforceable in any respect, it shall not affect the validity of the other provisions
which shall remain in full force and effect.
13.ENCROACHMENT PERMITS:
Both Parties to this Agreement will cooperate and /or provide access to its consultants, engineers
and contractors for the PROJECT in the jurisdictional boundaries of each Party. Contractor shall
obtain a street opening permit from SARATOGA and SARATOGA shall provide such a permit
at no cost.
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Page 6 of 10
14.HOLD HARMLESS/INDEMNIFICATION:
It is understood and agreed that pursuant to California Government Code Section 895.4, that each
Party shall fully indemnify and hold the other Party harmless from any liability imposed for
injury (as defined in Government Code Section 810.8) by reason of anything done or omitted to
be done by the indemnifying Party in connection with any work, authority or jurisdiction
delegated to the respective Party under this Agreement. This hold harmless and indemnification
provision shall apply to any activities, errors or omissions of the indemnifying Party and/or that
Party’s officers, employees, agents, or any person or entity acting or omitting to act for or on
behalf of said Party or such person or entities as are specifically authorized and empowered by
that Party to act for it. For the activities, errors and/or omissions of the contractor retained for the
PROJECT, each Party shall defend, indemnify and hold harmless the other Party to the fullest
extent legally possible for all work performed in the indemnifying Party’s jurisdiction. The hold
harmless and indemnification obligations set forth in this provision are limited and only
applicable to the extent arising from the active negligence or willful misconduct of each Party.
15.CAPTIONS:
The captions of the various sections, paragraphs and subparagraphs of this Agreement are for
convenience only and shall not be considered nor referred to for resolving questions of
interpretation of this Agreement.
16.INSURANCE REQUIREMENTS:
CUPERTINO shall require any contractor awarded a contract for any portion of the
work to be done on the PROJECT to secure and maintain in full force and effect at all
times during construction and performance of the PROJECT,and until said PROJECT
is accepted by all Parties,and any other time periods specified in the 2022 PAVEMENT
MAINTENANCE PHASE 2 PROJECT contract documents,insurance coverage
descri bed below, at no additional cost to either CUPERTINO or SARATOGA,with
coverage amounts,required endorsements,certificates of insurance,and coverage
verifications satisfactory and acceptable to all Parties.SARATOGA, its respective City
Council,commissions, officers, employees, volunteers and agents shall be added as
additional insureds on the commercial general liability policy with respect to liability arising
out of the contractor's work for CUPERTINO on this Project.
Itis mutually understood that during the term of the construction activities on the PROJECT,
CUPERTINO will require the selected contractor to carry commercial general liability in
amounts of not less than Two Million Dollars ($2,000,000) per occurrence ; automobile
liability in an amount not less than Two Million Dollars ($2,000,000) per accident; and a
Workers' Compensation Insurance policy as required by the State of California, with
Statutory and Employer's Liability Insurance limits of not less than One Million Dollars
($1,000,000).
17.STATUTES AND LAW GOVERNING CONTRACT:
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Page 7 of 10
This Agreement shall be governed and construed in accordance with the statues and laws
of the State of California. CUPERTINO shall require that any contractor awarded a contract
for any portion of the work to be done on the PROJECT comply with the requirements for
prevailing wage under Labor Code Section 1770, et seq. The PROJECT shall be paid for
and constructed in accordance with all ordinances,resolutions, rules, regulations, and laws of
CUPERTINO to the extent they are consistent with state statutes and the ordinances,
resolutions, rules, regulations and laws of SARATOGA.
18.WAIVER:
The Parties’ waiver of any term, condition or covenant, or breach of any term, condition or
covenant shall not be construed as a waiver of any other term, condition or covenant or breach
of any other term, condition, or covenant.
19.ENTIRE AGREEMENT:
This Agreement contains the entire Agreement between CITY OF SARATOGA and CITY OF
CUPERTINO for the PROJECT. Any prior agreements, promises, negotiations, or
representations not expressly set forth in this Agreement are of no force or effect.
20.OTHER AGREEMENTS:
This Agreement shall not prevent either Party from entering into similar agreements with others.
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by
the following signatures of their duly authorized representatives. It is intent of the Parties that
this Agreement shall become operative on the effective date.
[Continued next page]
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Page 8 of 10
The Parties acknowledge and accept the terms and conditions of this Agreement as evidenced by the
following signatures of their duly authorized representatives. It is the intent of the Parties that this
Agreement shall become operative on the Effective Date.
CITY OF SARATOGA, CALIFORNIA
13777 Fruitvale Ave
Saratoga, CA 95070
Phone: (408) 868-1239
APPROVED AS TO FORM:
__________________________________________________________________________
RICHARD TAYLOR Date JAMES LINDSAY Date
City Attorney City Manager
ATTEST:
______________________________________
BRITT AVRIT Date
City Clerk
CITY OF CUPERTINO, CALIFORNIA
10300 Torre Ave
Cupertino, CA 95014
Phone: (408) 777-3354
APPROVED AS TO FORM:
__________________________________________________________________________
Christopher Jensen Date PAMELA WU Date
City Attorney City Manager
ATTEST:
______________________________________
Kirsten Squarcia Date
City Clerk
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Page 9 of 10
EXH I BlT "A"
SCOPEOFWORK AND SCHEDULEOFPERFORMANCE
The PROJECTconsistsof placing rubberized chip seal,micro surfacing,and replacement of affected
traffic stripingonProspect Rd between De Anza Blvd and Stelling Rd. 50% of the project area is
within CUPERTINO’s jurisdictionand 50% is within SARATOGA's jurisdiction.
CUPERTINO isto deliverthe PROJECT and preparecontract documentsand stripingplans
within the PROJECT limits.
Thework to be performed isfullydescribed in the 2022 PAVEMENT MAINTENANCE
PHASE 2contract documents.
Theabove-mentioned contract documentsareherein incorporated tothisAgreement by reference.
Figure:ProjectLimit and Location Map
PROSPECT RD (De Anza Blvd to Stelling Rd)
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150