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Home My WebLink About11-16-2022 City Council Agenda Packet, amended 11-16-2022Saratoga City Council Agenda November 16, 2022 – Page 1 of 6 SARATOGA CITY COUNCIL REGULAR MEETING NOVEMBER 16, 2022 AMENDED AGENDA • 11/14/2022 CEREMONIAL ITEM STAFF REPORT AND ATTACHMENT REVISED • 11/14/2022 ITEM 1.1 STAFF REPORT AND ATTACHMENT REVISED • 11/15/2022 ITEM 2.2 STAFF REPORT AND ATTACHMENT REVISED • 11/16/2022 ITEM 3.1 PRESENTATION SLIDES ADDED Teleconference/Public Participation Information The Joint Session and 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 locations listed below or via the Zoom platform using the information below. Members of the public can view and participate in the 6:00 p.m. Joint Session by: 1. Attending the meeting in person at City Hall in the Linda Callon Conference Room, located at 13777 Fruitvale Avenue, Saratoga CA 95070; OR 2. Accessing the meeting through Zoom • Webinar URL https://us02web.zoom.us/j/88482254658 • Webinar ID 884 8225 4658 • Calling 1.408.638.0968 or 1.669.900.6833 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; OR 2. Accessing the meeting through Zoom • Webinar URL: https://us02web.zoom.us/j/81627041223 • Webinar ID: 816 2704 1223 • Call In: 1.408.638.0968 or 1.669.900.6833; OR 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 16, 2022 – Page 2 of 6 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. 6:00 PM JOINT SESSION City Hall, Linda Callon Conference Room | 13777 Fruitvale Avenue, Saratoga, CA 95070 Joint Session with Saratoga Ministerial Association and KSAR Community Access TV Board Recommended Action: Receive updates from Saratoga Ministerial Association and KSAR Community Access TV Board 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 November 9, 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 Captain Rich Urena Recommended Action: Commend Captain Rich Urena for his service as West Valley Patrol Division Commander. Staff Report (revised 11-14-2022) Attachment A - Commendation for Captain Rich Urena (revised 11-14-2022) Saratoga City Council Agenda November 16, 2022 – Page 3 of 6 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. 1.1. City Council Meeting Minutes Recommended Action: Approve the Minutes for the November 2, 2022 City Council Regular Meeting. Staff Report (revised 11-14-2022) Attachment A - Minutes for the November 2, 2022 City Council Regular Meeting (revised 11-14-2022) 1.2. Review of Accounts Payable Check Registers Recommended Action: Review and accept check registers for the following accounts payable payment cycles: 10/26/22 Period 4; 11/3/22 Period 5. Staff Report Attachment A - Check Register 10-26-2022 Period 4 Attachment B - Check Register 11-03-2022 Period 5 1.3. 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. Staff Report Attachment A - City Council Resolution 21-073 Authorizing Teleconferenced Mtgs Pursuant to AB 361 1.4. One-Year Extension of Contract for Permitting and CEQA Support Services with Environmental Science Associates Recommended Action: Approve a contract amendment to extend the Permitting and CEQA Support Services contract with Environmental Science Associates (ESA) for an additional one-year term through to 12/31/2023. Staff Report Attachment A - Original Contract Attachment B - Amendment to Extend Contract Saratoga City Council Agenda November 16, 2022 – Page 4 of 6 2. PUBLIC HEARINGS 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. Commercial and Recreational Vehicle Parking Restriction Ordinance Recommended Action: 1. Conduct a public hearing. 2. Introduce and waive the first reading of the ordinance amending Chapter 9 (Motor Vehicles and Traffic) of the Saratoga Municipal Code and finding the amendment to be exempt from environmental review under the California Environmental Quality Act (CEQA); and 3. Direct staff to place the ordinance on the Consent Calendar for adoption on December 7, 2022. Staff Report Attachment A - Ordinance 2.2. Update to Heritage Preservation Ordinance Recommended Action: 1. Conduct a public hearing 2. Introduce and waive the first reading of the attached ordinance amending the City Code and finding the amendment to be exempt from environmental review under the California Environmental Quality Act (CEQA); and 3. Direct staff to place the ordinance on the consent calendar for adoption on December 7, 2022. Staff Report (revised 11-15-2022) Attachment A - Ordinance 66 Attachment B- Proposed Ordinance Attachment C- December 18, 2019 City Council staff report with attachments and minutes Attachment D - April 12, 2022 HPC Memo w attachments and minutes Attachment E- Comparison Chart (revised 11-15-2022) 3. GENERAL BUSINESS 3.1. Annual Review --Saratoga Climate Action Plan 2030 Recommended Action: Accept report on the Annual Review of the City’s Climate Action Plan 2030. Staff Report Attachment A- Saratoga Climate Action Plan 2030 Attachment B- Saratoga 2020 GHG Inventory Report Attachment C- Community GHG Emissions Reductions Attachment D- City's Leadership Efforts Presentation Slides (added 11-16-2022) 3.2. Response to 2022 Civil Grand Jury of Santa Clara County Report “If You Only Read the Ballot, You’re Being Duped” Recommended Action: Approve the draft response to the 2022 Civil Grand Jury of Santa Clara County Report “If You Only Read the Ballot, You’re Being Duped.” Staff Report Attachment A – City of Saratoga Draft Response Saratoga City Council Agenda November 16, 2022 – Page 5 of 6 Attachment B – Civil Grand Jury Report “If You Only Read the Ballot, You’re Being Duped” 3.3. Adoption of the 2022 California Building Standards Code with Local Modifications Recommended Action: 1. Introduce and waive the first reading of the attached ordinance adopting and modifying the referenced codes and finding the amendments to be exempt from environmental review under the California Environmental Quality Act (CEQA); and 2. 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 December 7, 2022. Staff Report Attachment A - Resolution and Matrix Attachment B - Updated Ordinance Attachment C - Original Ordinance dated November 2, 2022 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 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 Saratoga City Council Agenda November 16, 2022 – Page 6 of 6 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 November 9, 2022 at the City of Saratoga, 13777 Fruitvale Avenue, Saratoga, California and on the City's website at www.saratoga.ca.us. Signed this 9th day of November 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 CITY COUNCIL MEETING DATE:November 16, 2022 DEPARTMENT:City Manager’s Department PREPARED BY:Janet Costa, Executive Assistant SUBJECT:Commendation for Captain Rich Urena RECOMMENDED ACTION: Commend Captain Rich Urena for his service as West Valley Patrol Division Commander. BACKGROUND: Captain Rich Urena, who has served as the longest tenured and well-beloved West Valley Patrol Division Commander since August of 2016,will take over command of the Sheriff’s Investigative Services Bureau at Sheriff’s Headquarters. ATTACHMENTS: Attachment A -Commendation for Captain Rich Urena REVISIONS AND UPDATES: Attachment A –Commendation for Captain Rich Urena was updated on November 14, 2022 to include additional information about Captain Urena’s support for the Rotating Safe Car Park Program. 5 COMMENDATION OF THE CITY COUNCIL OF THE CITY OF SARATOGA HONORING CAPTAIN RICH URENA WHEREAS,Captain Rich Urena has served the Santa Clara County Sheriff’s Office for 21 years, and has been West Valley Patrol Division Commander since August of 2016; and WHEREAS, Captain Urena Implemented the first Psychiatric Emergency Response Team (PERT) in the county to better assist residents who suffer from mental health issues, the team has helped countless residents and deputies by providing wrap around services to those in critical need and the program has been successful in reducing repeated calls for service and the likelihood of using force by a deputy; and WHEREAS, Captain Urena navigated the COVID-19 pandemic to ensure deputies remained healthy and safe while continuing to provide a high level of service to residents and the community by drafting and implementing internal procedures geared toward mitigating exposure to COVID-19, as a result at no point did the staffing levels drop to a level that prevented the Sheriffs’ Office from responding to calls for service in the City; and WHEREAS, Captain Urena created, implemented and fostered a strong community-oriented approach to policing by launching several programs geared toward a collaborative approach to public safety, including Sheriff’s Office Coffee with the Sheriff events known as “Law-ttes” where residents were invited to shift briefings and informed of neighborhood crime trends, a bicycle patrol program to get deputies out of their vehicles and more approachable to residents, revamped Teen and Community academies to be transparent in our public safety efforts and provide information on local policing, sponsorship of the Northern California Special Olympics Torch Run that encouraged deputies to show their support and join Captain Urena on the run, and participation at various community events to talk with residents directly and hear feedback to adjust the service model to better serve residents; and WHEREAS,Captain Urena supported the City with the Neighborhood Watch Program to share public safety information and engage residents with ways in which to remain safe while helping the Sheriff’s Office stop crime, resulted in lower crime in several crime classifications including a 57% reduction in residential burglaries (end of year 2016 compared to end of year 2021); and WHEREAS,Captain Urena as a strong advocate for gun safety, was a panelist in Pastor Eric Swanson’s community Firearms Safety Summit where he discussed the need to ensure gun safety in the community and steps to prevent firearms from falling into the hands of bad actors; and WHEREAS,in an effort to keep students safe, Captain Urena restructured deputy shifts to ensure the maximum number of deputies are available the school day ends to monitor traffic in and around schools during the busiest part of the day; and WHEREAS, Captain Urena worked closely with the Santa Clara County Fire Department on various community safety efforts including the launch of the Zonehaven Evacuation platform as well as the Crime Prevention and Home Fire Safety series; and WHEREAS, Captain Urena provided guidance and support for the Saratoga Rotating Safe Car Park program, which provides a safe place for homeless individuals to sleep in their vehicle overnight; and WHEREAS, Captain Urena successfully managed 89 Santa Clara County Sheriff’s Office staff members that make up the West Valley Patrol Division in a fiscally sound manner while never exceeding the established city police services budget; and WHEREAS,Captain Urena provided support for the City of Saratoga Public Safety Task Force, attending the advisory body’s meetings from March 2017 through October 2018 and providing critical guidance and information that helped shape the recommendations from the Task Force to the City Council; and WHEREAS, Captain Urena helped the city implement the Automated License Plate Reader Program by drafting necessary policies and procedures to ensure privacy is protected while using the system’s full potential to solve crime. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Saratoga does hereby recognize Captain Rich Urena for his extraordinary service to the Saratoga community and wish him the best as he takes over command of the Sheriff’s Investigative Services Bureau at Santa Clara County Sheriff’s Headquarters. WITNESS MY HAND AND THE SEAL OF THE CITY OF SARATOGA on this 16th day of November 2022. _________________________ Tina Walia, Mayor City of Saratoga 6 SARATOGA CITY COUNCIL MEETING DATE:November 16, 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 November 2, 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 November 2, 2022 City Council Regular Meeting REVISIONS & UPDATES: Minutes revised on November 14, 2022 to correct the spelling of Charlotte Sparacino’s last name and to reflect the correct the maker of the motion for Item 1.5. 7 Saratoga City Council Minutes ~ November 2, 2022 ~ Page 1 of 5 MINUTES WEDNESDAY, NOVEMBER 2, 2022 SARATOGA CITY COUNCIL REGULAR MEETING At 5:30 p.m., the City Council held a Joint Session with Saratoga Schools via teleconferencing through Zoom. Joint Session with Saratoga Schools Recommended Action: Receive updates from Saratoga Schools Mayor Walia called the Regular Session to order at 7:00 p.m. The City Clerk explained the City Council meeting was conducted pursuant to State law as amended by Assembly Bill 361, which allows the meeting to be conducted by teleconference. The CityCouncilhasmetalltheapplicablenoticerequirementsandthepublicis welcometoparticipate in person or by Zoom. Information on how the public can observe the meeting and provide public comment was provided. 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 Britt Avrit, City Clerk John Cherbone, Public Works Director Nick Pegueros, Administrative Services Director Debbie Pedro, Community Development Director REPORT FROM JOINT SESSION Mayor Walia provided a report of the City Council Joint Session with Saratoga Schools. REPORT ON POSTING OF THE AGENDA The City Clerk reported the agenda for this meeting was properly posted on October 27, 2022. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Mayor Walia invited public comment. The following individuals spoke at this time: Bill Dalton discussed RHNA numbers. 8 Saratoga City Council Minutes ~ November 2, 2022 ~ Page 2 of 5 Clyde Zaya discussed parklets. Kathy discussed building and trees being trimmed near her home. ANNOUNCEMENTS Mayor Walia shared information about the Annual Holiday Tree Lighting and Wine Stroll, Structure Hardening Incentives, and Commission Recruitments. CEREMONIAL ITEMS Commendation for Cynthia Chang Recommended Action: Commend Cynthia Chang for her service to the Saratoga community in multiple capacities. The City Council commended Cynthia Chang for her service to the Saratoga community in multiple capacities. Mayor Walia invited public comment. The following individuals spoke at this time: Katherine Tseng, Paul Griffith, Nai Hsueh, Lisa Liu, Charlotte Sparacino, Chuck Page,Jen. 1.CONSENT CALENDAR 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 19, 2022 City Council Regular Meeting. FITZSIMMONS/BERNALD MOVED TO APPROVE THE MINUTES FOR THE OCTOBER 19, 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: 10/13/22 Period 4; 10/19/22 Period 4. FITZSIMMONS/BERNALD MOVED TO REVIEW AND ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 10/13/22 PERIOD 4; 10/19/22 PERIOD 4.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 9 Saratoga City Council Minutes ~ November 2, 2022 ~ Page 3 of 5 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. FITZSIMMONS/BERNALD MOVED TO REVIEW AND ACCEPT THE TREASURER’S REPORT FOR THE MONTH ENDED SEPTEMBER 30, 2022. MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 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. FITZSIMMONS/BERNALD MOVED TO 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.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 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). RESOLUTION 22-043 FITZSIMMONS/BERNALD MOVED TO ADOPT A 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).MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 2.PUBLIC HEARING 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 10 Saratoga City Council Minutes ~ November 2, 2022 ~ Page 4 of 5 Keith Weiner, Building Official presented the staff report. Mayor Walia invited public comment. The following individuals spoke at this time: Bill Dalton, Kristel Wickham BERNALD/ZHAO MOVED TO INTRODUCE AND WAIVE THE FIRST READING OF THE ORDINANCE ADOPTING AND MODIFYING THE REFERENCED CODES, AND DIRECT STAFF TO PLACE THE ORDINANCE AND THE RESOLUTION MAKING FINDINGS REGARDING PROPOSED MODIFICATIONS TO THE REFERENCED CODES ON THE CONSENT CALENDAR FOR ADOPTION ON NOVEMBER 16, 2022.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. 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. John Cherbone, Public Works Director presented the staff report. Mayor Walia invited public comment. No one requested to speak. FITZSIMMONS/BERNALD MOVED TO APPROVE THE PROSPECT ROAD COST SHARE AGREEMENT WITH THE CITY OF CUPERTINO IN THE AMOUNT OF $164,833.91.MOTION PASSED BY VERBAL ROLL CALL. AYES: BERNALD, KUMAR, ZHAO, FITZSIMMONS, WALIA. NOES: NONE. ABSTAIN: NONE. RECUSED: NONE. ABSENT: NONE. COUNCIL ASSIGNMENTS Mayor Tina Walia Hakone Foundation Board of Trustees and Executive Board – stated the Board is continuing its efforts for new programs including kids art and youth ambassador program and fundraising opportunities including partnering with individuals for consideration of Hakone in trusts and wills; stated the Foundation’s finances look good overall and Mayor Walia discussed the current art exhibit at the Cultural Exchange Center. West Valley Mayors & Managers Association –stated the group discussed the Silicon Valley Regional Interoperability Authority (SVRIA) Board Rotation Policy. Council Finance Committee – stated the Committee received an overview of the Other Post- Employment Benefits (OPEB) actuarial and received a report for the Single Audit update for FY 21-22. Vice Mayor Kookie Fitzsimmons Nothing to report 11 Saratoga City Council Minutes ~ November 2, 2022 ~ Page 5 of 5 Council Member Mary-Lynne Bernald West Valley Sanitation District Board of Directors – stated the Board will be reviewing the proposals submitted by Green Waste Recovery and West Valley Collection and Recycling. County Recycle Waste and Reduction Commission – stated the Commission reviewed upcoming legislation and the potential impacts of the legislation. Saratoga Historical Foundation Board of Directors – stated the Board received an update regarding the Blacksmith Shop and stated the ribbon cutting would take place in 2023; the Board had questions about the Temporary Compliance Plan for House Family Winery, Council Member Bernald informed the Board the City received the Initial Draft Response from HCD regarding the Housing Element; the Board discussed fundraising and recently held a Volunteer Appreciation Event. Council Member Yan Zhao West Valley Sanitation District Board of Directors – stated she attended the meeting with nothing to report. Saratoga Ministerial Association – stated the Association discussed the upcoming Celebration of Light Event and the Thanksgiving Service Event. Council Member Rishi Kumar Santa Clara County Library District Board of Directors - stated the Board accepted the Year End Fiscal Report, stated the Library received multiple awards and employees were recognized and the Board received the Year-End Service Report update. Santa Clara Valley Water Commission – stated the Commission received the Drought Emergency Response and Water Supply update and Council Member Kumar provided statistics regarding landscape rebate applications. West Valley Solid Waste Management Authority Board of Directors - discussed the proposals submitted by Green Waste Recovery and West Valley Collection and Recycling. CITY COUNCIL ITEMS None. COUNCIL COMMUNICATIONS None. CITY MANAGER'S REPORT The City Manager thanked staff for the work done for the hybrid meeting. CITY ATTORNEY'S REPORT None ADJOURNMENT BERNALD/FITZSIMMONS MOVED TO ADJOURN THE MEETING AT 8:34 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 12 SARATOGA CITY COUNCIL MEETING DATE: November 16, 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: 10/26/22 Period 4; 11/3/22 Period 5. 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 – 10/26/22 Check Register in the ‘A/P Checks by Period and Year’ report format Attachment B – 11/3/22 Check Register in the ‘A/P Checks by Period and Year’ report format REPORT SUMMARY: Attached are Check Registers for: Date Ending Check # 10/26/2022 146189 146227 39 201,533.69 10/26/2022 10/19/2022 146188 11/3/2022 146228 146278 51 421,997.69 11/3/2022 10/26/2022 146227 Accounts Payable checks issued for $20,000 or greater: Date Check # Dept. Amount 10/26/2022 146198 Comp Shared Risk Pool Workers Comp Fund ASD FY22/23 Q2 Workers Comp Premium 50,650.75 10/26/2022 146217 Sandis Civil Engineers Surveyors ARPA/SLFRF Fund PW Village Parking Project 22,946.25 11/3/2022 146260 San Jose Water Company General Fund Various Water Services 20,532.26 11/3/2022 146261 Sandis Civil Engineers Surveyors ARPA/SLFRF Fund P W Citywide Storm Drain 105,859.76 11/3/2022 146262 Sanjay Thekdi General Fund CDD Deposit Refund 36,580.00 11/3/2022 146270 Shute, Mihaly & Weinberger General Fund Various Attorney Services 41,174.78 11/3/2022 146274 SYL Construction Inc CIP Admin Project Fund PW Library ADA Parking Improvement 46,500.00 11/3/2022 146277 Urban Planning Partners CIP Admin Project Fund CDD August Housing Element 57,857.24 Accounts Payable checks voided during this time period: AP Date Check #Amount N/A Accounts Payable Accounts Payable Ending Check # Starting Check #Type of Checks Date Prior Check Register Checks ReleasedTotal Checks Amount Fund Purpose StatusReason Issued to Issued to 13 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 10/26/2022 CITY OF SARATOGA VENCHK11 TIME: 15:48:47 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 4/23 FUND FUND TITLE AMOUNT 111 GENERAL FUND 74,775.42 233 SARAHILLS LIGHTING DIST 235.05 244 CUNNINGHAM/GLASGOW LND -68.03 245 FREDERICKSBURG LANDSCAPE 215.00 247 KERWIN RANCH LANDSCAPE 390.00 251 MCCARTYSVILLE LANDSCAPE 189.11 252 PRIDES CROSSING LANDSCAPE 142.93 253 SARATOGA LEGEND LANDSCAPE 200.00 255 TRICIA WOODS LANDSCAPE 100.00 256 ALLENDALE LANDSCAPE 150.00 257 COVINA LANDSCAPING DIST 105.00 271 BEUACHAMPS L&L -6.19 272 BELLGROVE L&L 497.74 274 HORSESHOE DRIVE L&L 81.97 276 TOLLGATE L&L 38.49 278 WESTBROOK L&L 100.00 279 BROOKVIEW L&L 175.00 292 PARAMOUNT COURT SWD 495.00 411 CIP STREET PROJECTS FUND 10,772.59 431 CIP GRANT - STREET REPAIR 11,095.81 435 ARPA/SLFRF FUND 22,946.25 612 WORKERS COMP FUND 51,031.23 621 OFFICE SUPPORT 791.63 622 IT SERVICES 7,986.01 623 VEHICLE & EQUIPMENT MAINT 473.80 624 BUILDING MAINTENANCE 16,769.58 713 WVCWP AGENCY FUND 1,850.30 TOTAL REPORT 201,533.69 14 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 10/26/2022 CITY OF SARATOGA VENCHK11 TIME: 15:47:51 CHECK REGISTER ACCOUNTING PERIOD: 4/23 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 146189 11111 10/26/22 546 ASSOC OF BAY AREA GOV/ABA 63111 GAS SERVICES 1,540.00 146190 11111 10/26/22 1130 ABLE SEPTIC TANK SVC 64212 WILDWOOD LNDSCAPE RPR 800.00 146190 11111 10/26/22 1130 ABLE SEPTIC TANK SVC 64212 QUITO PK LNDSCAPE RPR 856.15 TOTAL CHECK 1,656.15 146191 11111 10/26/22 35 ACCENT GRAPHICS 61111 OFFICE SUPPLIES 45.83 146191 11111 10/26/22 35 ACCENT GRAPHICS 61111 OFFICE SUPPLIES 45.84 146191 11111 10/26/22 35 ACCENT GRAPHICS 64121 ENVELOPES 790.70 TOTAL CHECK 882.37 146192 11111 10/26/22 1212 BATTERIES PLUS BULBS #475 61361 AUTO PARTS 68.55 146193 11111 10/26/22 1137 BEAR ELECTRICAL SOLUTIONS 64534 TRAFFIC SIGNALS MAINT 1,392.00 146194 11111 10/26/22 587 CALIFORNIA DEPT. TAX AND 61341 SU GH 102-603396 Q1 47.86 146194 11111 10/26/22 587 CALIFORNIA DEPT. TAX AND 61165 SU GH 102-603396 Q1 51.83 146194 11111 10/26/22 587 CALIFORNIA DEPT. TAX AND 68353 SU GH 102-603396 Q1 -21.70 146194 11111 10/26/22 587 CALIFORNIA DEPT. TAX AND 66131 SU GH 102-603396 Q1 -11.22 146194 11111 10/26/22 587 CALIFORNIA DEPT. TAX AND 64121 SU GH 102-603396 Q1 -7.13 146194 11111 10/26/22 587 CALIFORNIA DEPT. TAX AND 61167 SU GH 102-603396 Q1 -5.61 146194 11111 10/26/22 587 CALIFORNIA DEPT. TAX AND 61154 SU GH 102-603396 Q1 -3.45 146194 11111 10/26/22 587 CALIFORNIA DEPT. TAX AND 68618 SU GH 102-603396 Q1 -2.55 146194 11111 10/26/22 587 CALIFORNIA DEPT. TAX AND 61119 SU GH 102-603396 Q1 -2.13 146194 11111 10/26/22 587 CALIFORNIA DEPT. TAX AND 68655 SU GH 102-603396 Q1 -1.46 146194 11111 10/26/22 587 CALIFORNIA DEPT. TAX AND 61162 SU GH 102-603396 Q1 - .45 146194 11111 10/26/22 587 CALIFORNIA DEPT. TAX AND 61111 SU GH 102-603396 Q1 .20 146194 11111 10/26/22 587 CALIFORNIA DEPT. TAX AND 61111 SU GH 102-603396 Q1 .21 146194 11111 10/26/22 587 CALIFORNIA DEPT. TAX AND 61121 SU GH 102-603396 Q1 .93 146194 11111 10/26/22 587 CALIFORNIA DEPT. TAX AND 61111 SU GH 102-603396 Q1 1.72 146194 11111 10/26/22 587 CALIFORNIA DEPT. TAX AND 68657 SU GH 102-603396 Q1 381.95 TOTAL CHECK 429.00 146195 11111 10/26/22 500 CINTAS CORPORATION 22111 REF BUS MISC22-0028 20.00 146196 11111 10/26/22 517 CITY OF SAN JOSE 64533 TRAFFIC MTN FY21/22 14,214.04 146197 11111 10/26/22 1412 CIVICPLUS 64141 ONLINE CODE HOSTING 900.00 146198 11111 10/26/22 1511 COMP SHARED RISK POOL (SH 67211 FY22/23 Q2 WC PREMIUM 50,650.75 146199 11111 10/26/22 1717 DINSMORE LANDSCAPE COMPAN 64541 OCT AZULE PARK 715.00 146199 11111 10/26/22 1717 DINSMORE LANDSCAPE COMPAN 64541 OCT BROOKGLEN PARK 120.00 146199 11111 10/26/22 1717 DINSMORE LANDSCAPE COMPAN 64541 OCT FOOTHILL PARK 191.00 146199 11111 10/26/22 1717 DINSMORE LANDSCAPE COMPAN 64541 OCT GARDINER PARK 191.00 146199 11111 10/26/22 1717 DINSMORE LANDSCAPE COMPAN 64547 OCT PRIDES CROSSING 268.00 146199 11111 10/26/22 1717 DINSMORE LANDSCAPE COMPAN 64543 OCT PROSPECT MEDIANS 417.00 146199 11111 10/26/22 1717 DINSMORE LANDSCAPE COMPAN 64541 OCT RAVENWOOD PARK 120.00 146199 11111 10/26/22 1717 DINSMORE LANDSCAPE COMPAN 64555 OCT TRL DOG STATIONS 652.00 TOTAL CHECK 2,674.00 146200 11111 10/26/22 1715 DOCUSIGN, INC 64312 E-SIGNATURE SOFTWARE 7,176.00 146201 11111 10/26/22 1547 DYLAN BROWN 61192 WELLNESS GRANT REIMB 100.00 146202 11111 10/26/22 419 EVENT SERVICES 64552 FIELD CONVERSIONS 533.94 15 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 10/26/2022 CITY OF SARATOGA VENCHK11 TIME: 15:47:51 CHECK REGISTER ACCOUNTING PERIOD: 4/23 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 146203 11111 10/26/22 1770 FLOCK GROUP INC 64817 ALPR CAMERAS 10,500.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64543 OCT ALLENDALE MEDIANS 150.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64547 OCT ALLNDLE/HARLEIGH 150.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64543 OCT AUSTIN WAY 100.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64541 OCT BEAUCHAMPS PARK 360.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64541 OCT BLANEY PLAZA 300.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64547 OCT BROOKGLEN LLA 175.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64543 OCT CANYON VIEW/ELVA 45.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64541 OCT CONGRESS SPRINGS 600.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64547 OCT COVINA LLA 105.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64221 OCT DOWNTOWN LNDSCAPE 700.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64221 OCT DOWNTOWN TRASH 200.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64547 OCT FREDRICKSBURG LLA 215.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64547 OCT HORSESHOE LLA 150.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64543 OCT HWY 9/VICKERY 57.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64547 OCT KERWIN RANCH LLA 390.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64547 OCT LEGENDS LLA 200.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64548 OCT LIBRARY 688.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64547 OCT MCCARTYSVILLE LLA 325.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64543 OCT PALO OAKS/COX AVE 132.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64547 OCT PARAMOUNT LLA 495.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64541 OCT PARK TRASH DETAIL 575.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64542 OCT PROSPECT CENTER 600.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64543 OCT QUITO/MARTHA 150.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64543 OCT SARATOGA/KOSICH 85.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64543 OCT SEAGRAVES 100.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64547 OCT TOLLGATE LLA 100.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64547 OCT TRICIA WOODS LLA 100.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64543 OCT TRINITY 40.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64547 OCT WESTBROOK LLA 100.00 146204 11111 10/26/22 454 GACHINA LANDSCAPE MANAGEM 64543 OCT WORDEN WAY MED 88.00 TOTAL CHECK 7,475.00 146205 11111 10/26/22 500 GL PERRY CONSTRUCTION INC 43476 REF PERMIT 21-1344 41.44 146206 11111 10/26/22 488 HOME DEPOT CREDIT SERVICE 61341 LANDSCAPE SUPPLIES 16.35 146206 11111 10/26/22 488 HOME DEPOT CREDIT SERVICE 61331 ROAD MAINT SUPPLIES 60.17 146206 11111 10/26/22 488 HOME DEPOT CREDIT SERVICE 61341 LANDSCAPE SUPPLIES 8.73 146206 11111 10/26/22 488 HOME DEPOT CREDIT SERVICE 61341 LANDSCAPE SUPPLIES 134.23 146206 11111 10/26/22 488 HOME DEPOT CREDIT SERVICE 61312 SMALL TOOLS 552.46 146206 11111 10/26/22 488 HOME DEPOT CREDIT SERVICE 61341 LANDSCAPE SUPPLIES 61.78 146206 11111 10/26/22 488 HOME DEPOT CREDIT SERVICE 61341 LANDSCAPE SUPPLIES 61.28 146206 11111 10/26/22 488 HOME DEPOT CREDIT SERVICE 61341 LANDSCAPE SUPPLIES 87.78 146206 11111 10/26/22 488 HOME DEPOT CREDIT SERVICE 61341 LANDSCAPE SUPPLIES 83.69 146206 11111 10/26/22 488 HOME DEPOT CREDIT SERVICE 61341 LANDSCAPE SUPPLIES 67.67 146206 11111 10/26/22 488 HOME DEPOT CREDIT SERVICE 61341 LANDSCAPE SUPPLIES 217.66 146206 11111 10/26/22 488 HOME DEPOT CREDIT SERVICE 61341 LANDSCAPE SUPPLIES 536.37 TOTAL CHECK 1,888.17 146207 11111 10/26/22 14 HYDROTEC IRRIGATION EQUIP 64549 KMP SPRINKLER RPR 171.93 146207 11111 10/26/22 14 HYDROTEC IRRIGATION EQUIP 64549 BEAUCHAMPS PK IRR 191.22 TOTAL CHECK 363.15 146208 11111 10/26/22 19 IAN GEDDES TREE CARE, INC 64544 PROSPECT AVE TREE RMV 1,680.00 16 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 10/26/2022 CITY OF SARATOGA VENCHK11 TIME: 15:47:51 CHECK REGISTER ACCOUNTING PERIOD: 4/23 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 146208 11111 10/26/22 19 IAN GEDDES TREE CARE, INC 64544 HAVILLAND/COX TR MTN 1,680.00 146208 11111 10/26/22 19 IAN GEDDES TREE CARE, INC 64544 SARA/FRUITVALE TR MTN 375.00 146208 11111 10/26/22 19 IAN GEDDES TREE CARE, INC 64544 BELLGROVE TREE RMV 840.00 TOTAL CHECK 4,575.00 146209 11111 10/26/22 1725 LARRY WALKER ASSOCIATES, 64745 WVCWP TAILGATE TOOLBX 1,850.30 146210 11111 10/26/22 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,596.00 146210 11111 10/26/22 1572 NBBM SERVICES, INC 64511 JANITORIAL SERVICES 1,400.00 TOTAL CHECK 2,996.00 146211 11111 10/26/22 1062 NI GOVERNMENT SERVICES, I 63211 9/22 AIRTIME 80.71 146212 11111 10/26/22 1658 ORCHARD KEEPERS, INC. 64554 SEP ORCHARD MAINT 11,020.83 146213 11111 10/26/22 1087 OSCAR URVIZO TELLEZ/OSCAR 64544 QUARRY PK TREE RMV 3,500.00 146213 11111 10/26/22 1087 OSCAR URVIZO TELLEZ/OSCAR 64544 SEAGRAVES TREE RMV 1,705.00 146213 11111 10/26/22 1087 OSCAR URVIZO TELLEZ/OSCAR 64544 MT EDEN RD TREE RMV 2,850.00 TOTAL CHECK 8,055.00 146214 11111 10/26/22 500 OSWALDO MORENO 24211 DEP REFUND FACILITY 100.00 146215 11111 10/26/22 173 PACIFIC GAS & ELECTRIC 63111 BEAUCHAMPS -6.19 146215 11111 10/26/22 173 PACIFIC GAS & ELECTRIC 63111 BELLGROVE CIRCLE 497.74 146215 11111 10/26/22 173 PACIFIC GAS & ELECTRIC 63111 BUILDINGS 12,233.58 146215 11111 10/26/22 173 PACIFIC GAS & ELECTRIC 63111 CUNNINGHAM/GLASGOW -68.03 146215 11111 10/26/22 173 PACIFIC GAS & ELECTRIC 63111 HORSESHOE DR LNDSCAP -68.03 146215 11111 10/26/22 173 PACIFIC GAS & ELECTRIC 63111 MCCARTYSVILLE -135.89 146215 11111 10/26/22 173 PACIFIC GAS & ELECTRIC 63111 PARKS/OPEN SPACE -200.35 146215 11111 10/26/22 173 PACIFIC GAS & ELECTRIC 63111 PRIDES CROSSING -125.07 146215 11111 10/26/22 173 PACIFIC GAS & ELECTRIC 63111 SARAHILLS LIGHTING 235.05 146215 11111 10/26/22 173 PACIFIC GAS & ELECTRIC 63111 TOLLGATE -61.51 146215 11111 10/26/22 173 PACIFIC GAS & ELECTRIC 63111 TRAFFIC SIGNALS -1,999.36 146215 11111 10/26/22 173 PACIFIC GAS & ELECTRIC 63111 CITYWIDE STREETLIGHTS 882.83 146215 11111 10/26/22 173 PACIFIC GAS & ELECTRIC 63111 VILLAGE LIGHTING 2,019.24 146215 11111 10/26/22 173 PACIFIC GAS & ELECTRIC 63111 AZULE LIGHTING 246.64 146215 11111 10/26/22 173 PACIFIC GAS & ELECTRIC 63111 QUITO LIGHTING 692.98 146215 11111 10/26/22 173 PACIFIC GAS & ELECTRIC 63111 LOAN RETROFIT PROGRAM 653.83 TOTAL CHECK 14,797.46 146216 11111 10/26/22 393 REED & GRAHAM, INC 81121 STREET SUPPLIES 267.97 146216 11111 10/26/22 393 REED & GRAHAM, INC 81121 STREET SUPPLIES 437.33 TOTAL CHECK 705.30 146217 11111 10/26/22 1754 SANDIS CIVIL ENGINEERS SU 81142 VILLAGE PARKING PROJ 22,946.25 146218 11111 10/26/22 97 SANTA CLARA VALLEY WATER 63112 WATER 1/1-6/30/22 617.17 146219 11111 10/26/22 98 SARATOGA CHAMBER OF COMME 68519 COMM EVENT GRANT REIM 5,366.11 146220 11111 10/26/22 136 SCOTTY'S AUTOMOTIVE 64611 MAINTENANCE VEH#130 141.02 146220 11111 10/26/22 136 SCOTTY'S AUTOMOTIVE 64611 MAINTENANCE VEH#131 141.02 146220 11111 10/26/22 136 SCOTTY'S AUTOMOTIVE 64611 MAINTENANCE VEH#138 123.21 TOTAL CHECK 405.25 146221 11111 10/26/22 160 SIERRA PACIFIC TURF SUPPL 61341 LANDSCAPE SUPPLIES 859.42 17 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 10/26/2022 CITY OF SARATOGA VENCHK11 TIME: 15:47:51 CHECK REGISTER ACCOUNTING PERIOD: 4/23 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 146222 11111 10/26/22 874 SILICON CONSTELLATIONS, I 81121 LUMISIGN SOLAR PANEL 8,629.70 146223 11111 10/26/22 313 BAY AREA NEWS GROUP 62132 LL0006695691 231.00 146223 11111 10/26/22 313 BAY AREA NEWS GROUP 62132 LL0006695699 48.00 146223 11111 10/26/22 313 BAY AREA NEWS GROUP 81131 LL0006698286/296/307 11,095.81 146223 11111 10/26/22 313 BAY AREA NEWS GROUP 81131 LL0006698286/296/307 1,437.59 146223 11111 10/26/22 313 BAY AREA NEWS GROUP 62132 LL0006698489 106.00 146223 11111 10/26/22 313 BAY AREA NEWS GROUP 62132 LL0006700313 235.00 146223 11111 10/26/22 313 BAY AREA NEWS GROUP 62132 LL0006701505 231.00 TOTAL CHECK 13,384.40 146224 11111 10/26/22 884 STAPLES CONTRACT & COMMER 61111 OFFICE SUPPLIES 41.26 146225 11111 10/26/22 1261 THE FRUITGUYS 61192 EMPLOYEE WELLNESS 79.00 146225 11111 10/26/22 1261 THE FRUITGUYS 61192 EMPLOYEE WELLNESS 201.48 TOTAL CHECK 280.48 146226 11111 10/26/22 432 WEST VALLEY COLLECTIONS 62616 OCT CS BINS 536.00 146226 11111 10/26/22 432 WEST VALLEY COLLECTIONS 62616 ORCHARD HAULING SVCS 1,013.74 TOTAL CHECK 1,549.74 146227 11111 10/26/22 696 ZAG TECHNICAL SERVICES, I 64315 SEP IT SUPPORT SVCS 768.75 TOTAL FUND 201,533.69 TOTAL REPORT 201,533.69 18 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 11/03/2022 CITY OF SARATOGA VENCHK11 TIME: 14:47:51 CHECK REGISTER - FUND TOTALS ACCOUNTING PERIOD: 5/23 FUND FUND TITLE AMOUNT 111 GENERAL FUND 143,289.84 245 FREDERICKSBURG LANDSCAPE 215.00 247 KERWIN RANCH LANDSCAPE 390.00 251 MCCARTYSVILLE LANDSCAPE 325.00 253 SARATOGA LEGEND LANDSCAPE 200.00 255 TRICIA WOODS LANDSCAPE 100.00 256 ALLENDALE LANDSCAPE 150.00 257 COVINA LANDSCAPING DIST 1,496.72 274 HORSESHOE DRIVE L&L 150.00 276 TOLLGATE L&L 453.77 278 WESTBROOK L&L 100.00 279 BROOKVIEW L&L 175.00 292 PARAMOUNT COURT SWD 495.00 411 CIP STREET PROJECTS FUND 19,137.37 412 CIP PARKS PROJECT FUND 6,990.09 413 CIP FACILITY PROJECT FUND 16,742.00 414 CIP ADMIN PROJECTS FUND 83,659.05 422 PARK IN-LIEU FEES FUND 6,738.05 434 CIP GRANT - ADMINISTRATN 23,719.69 435 ARPA/SLFRF FUND 98,901.71 621 OFFICE SUPPORT 2,946.66 622 IT SERVICES 12,605.59 623 VEHICLE & EQUIPMENT MAINT 123.06 624 BUILDING MAINTENANCE 2,894.09 TOTAL REPORT 421,997.69 19 SUNGARD PUBLIC SECTOR PAGE NUMBER: 1 DATE: 11/03/2022 CITY OF SARATOGA VENCHK11 TIME: 14:46:39 CHECK REGISTER ACCOUNTING PERIOD: 5/23 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 146228 11111 11/03/22 1422 4LEAF INC. 64173 MAY BLDG INSPECTION 3,517.50 146229 11111 11/03/22 234 A T & T 63211 QUITO IRR MODEM LINE 24.87 146229 11111 11/03/22 234 A T & T 63211 TITUS/PRSPECT MED-IRR 24.87 146229 11111 11/03/22 234 A T & T 63211 000018922301 46.94 146229 11111 11/03/22 234 A T & T 63211 HISTORICAL PARK IRR 24.87 146229 11111 11/03/22 234 A T & T 63211 SUPERTRUNK 415.07 146229 11111 11/03/22 234 A T & T 63211 BIG BASIN WAY IRR 24.87 TOTAL CHECK 561.49 146230 11111 11/03/22 1692 AECOM TECHNICAL SERVICES 22119 ENV19-0005 EIR CONSUL 8,133.75 146231 11111 11/03/22 500 ALFRED MURABITU 22113 REF DEP ATFTR22-0031 3,625.00 146232 11111 11/03/22 1187 ASSOCIATED SERVICES COMPA 61133 FACILITIES SUPPLIES 268.38 146233 11111 11/03/22 1137 BEAR ELECTRICAL SOLUTIONS 64534 QUITO/ALLNDALE TS 3,685.00 146234 11111 11/03/22 1447 BP-PAK, INC. 81161 JPCC EV CONDUITS 16,312.00 146235 11111 11/03/22 500 CHRISTOPHER MCKILLOP 22111 REF DEP ARB22-0018 2,860.00 146235 11111 11/03/22 500 CHRISTOPHER MCKILLOP 22111 REF DEP GEO22-0007 942.19 TOTAL CHECK 3,802.19 146236 11111 11/03/22 179 CIM AIR, INC 64514 HVAC REPAIRS COMM CTR 1,192.40 146237 11111 11/03/22 1412 CIVICPLUS 64313 WEBSITE HOSTING SPPRT 11,205.76 146238 11111 11/03/22 1569 COMCAST 63213 COMCAST (PRIMARY) 561.67 146239 11111 11/03/22 991 COMCAST 63213 COMCAST (TV) 47.96 146240 11111 11/03/22 991 COMCAST 63213 COMCAST (PROSPECT) 118.22 146241 11111 11/03/22 1369 COMCAST CORPORATION 63213 COMCAST (P2P) 671.98 146242 11111 11/03/22 500 CRAFTSMAN'S GUILD 43131 REF DEP APCC22-0003 615.00 146243 11111 11/03/22 421 EWING IRRIGATION 81121 STREET SUPPLIES 70.75 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64543 AUG ALLENDALE MEDIANS 150.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64547 AUG ALLNDALE/HARLEIGH 150.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64543 AUG AUSTIN WAY 100.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64541 AUG BEAUCHAMPS PARK 360.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64541 AUG BLANEY PLAZA 300.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64547 AUG BROOKGLEN LLA 175.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64543 AUG CANYON VIEW/ELVA 45.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64541 AUG CONGRESS SPRINGS 600.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64547 AUG COVINA LLA 105.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64221 AUG DOWNTOWN LNDSCAPE 700.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64221 AUG DOWNTOWN TRASH 200.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64547 AUG FREDRICKSBURG LLA 215.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64547 AUG HORSESHOE LLA 150.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64543 AUG HWY 9/VICKERY 57.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64547 AUG KERWIN RANCH LLA 390.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64547 AUG LEGENDS LLA 200.00 20 SUNGARD PUBLIC SECTOR PAGE NUMBER: 2 DATE: 11/03/2022 CITY OF SARATOGA VENCHK11 TIME: 14:46:39 CHECK REGISTER ACCOUNTING PERIOD: 5/23 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64548 AUG LIBRARY 688.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64547 AUG MCCARTYSVILLE LLA 325.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64543 AUG PALO OAKS/COX AVE 132.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64547 AUG PARAMOUNT LLA 495.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64541 AUG PARK TRASH DETAIL 575.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64542 AUG PROSPECT CENTER 600.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64543 AUG QUITO / MARTHA 150.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64543 AUG SARATOGA/KOSICH 85.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64543 AUG SEAGRAVES 100.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64547 AUG TOLLGATE LLA 100.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64547 AUG TRICIA WOODS LLA 100.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64543 AUG TRINITY 40.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64547 AUG WESTBROOK LLA 100.00 146244 11111 11/03/22 454 GACHINA LANDSCAPE MANAGEM 64543 AUG WORDEN WAY MED 88.00 TOTAL CHECK 7,475.00 146245 11111 11/03/22 1268 GIULIANI & KULL - SAN JOS 22119 JOB#09153 MAP22-0001 1,120.00 146246 11111 11/03/22 463 GRAINGER 61133 FACILITIES SUPPLIES 22.13 146247 11111 11/03/22 472 HT HARVEY & ASSOCIATES 81141 QUITO ROAD BRIDGES 924.00 146248 11111 11/03/22 14 HYDROTEC IRRIGATION EQUIP 81161 BEAUCHAMPS PK VALVES 1,640.09 146248 11111 11/03/22 14 HYDROTEC IRRIGATION EQUIP 64212 DAGMAR IRR REPAIR 179.90 146248 11111 11/03/22 14 HYDROTEC IRRIGATION EQUIP 64212 WILDWOOD VALVE RESET 76.00 146248 11111 11/03/22 14 HYDROTEC IRRIGATION EQUIP 64212 SARA AVE MEDIAN RPR 186.95 146248 11111 11/03/22 14 HYDROTEC IRRIGATION EQUIP 64549 PROSPECT/COVINA IRR 76.00 146248 11111 11/03/22 14 HYDROTEC IRRIGATION EQUIP 64549 COVINA MEDIAN IRR 426.16 146248 11111 11/03/22 14 HYDROTEC IRRIGATION EQUIP 64549 COVINA WEST IRR 889.56 TOTAL CHECK 3,474.66 146249 11111 11/03/22 63 INTERSTATE TRAFFIC CONTRO 81121 STREET SUPPLIES 257.03 146250 11111 11/03/22 683 LIST ENGINEERING COMPANY, 81142 GENERATOR SERVICES 430.00 146251 11111 11/03/22 500 LOS GATOS ROOFING 43112 PERMIT 22-2085 CANCEL 1.50 146251 11111 11/03/22 500 LOS GATOS ROOFING 43117 PERMIT 22-2085 CANCEL 20.00 TOTAL CHECK 21.50 146252 11111 11/03/22 647 MAGGIORA BROTHERS DRILLIN 64549 AZULE PUMP EMER RPR 2,773.64 146253 11111 11/03/22 499 CARPENTERS LOCAL 2236 (MI 21262 DED:3000 DUES 260.00 146254 11111 11/03/22 1736 NOR CAL SIGNAL SUPPLY LLC 81121 BATTERIES INSTALL 8,288.16 146255 11111 11/03/22 1745 ODP BUSINESS SOLUTIONS, L 61111 OFFICE SUPPLIES 38.48 146255 11111 11/03/22 1745 ODP BUSINESS SOLUTIONS, L 61111 OFFICE SUPPLIES 45.59 TOTAL CHECK 84.07 146256 11111 11/03/22 500 OSWALDO MORENO 24211 DEP REFUND FACILITY 500.00 146257 11111 11/03/22 173 PACIFIC GAS & ELECTRIC 63111 BUILDINGS (MUSEUM) 7.84 146257 11111 11/03/22 173 PACIFIC GAS & ELECTRIC 63111 BUILDINGS 36.41 TOTAL CHECK 44.25 146258 11111 11/03/22 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 38.79 21 SUNGARD PUBLIC SECTOR PAGE NUMBER: 3 DATE: 11/03/2022 CITY OF SARATOGA VENCHK11 TIME: 14:46:39 CHECK REGISTER ACCOUNTING PERIOD: 5/23 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 146258 11111 11/03/22 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 115.16 146258 11111 11/03/22 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 205.43 146258 11111 11/03/22 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 128.48 146258 11111 11/03/22 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 87.51 146258 11111 11/03/22 1092 PALACE ART & OFFICE SUPPL 61111 OFFICE SUPPLIES 103.79 TOTAL CHECK 679.16 146259 11111 11/03/22 55 ROSS RECREATION EQUIPMENT 61141 WILDWOOD BENCH 3,819.42 146260 11111 11/03/22 87 SAN JOSE WATER COMPANY 63112 BUILDINGS 904.92 146260 11111 11/03/22 87 SAN JOSE WATER COMPANY 63112 PARKS/OPEN SPACE 16,136.52 146260 11111 11/03/22 87 SAN JOSE WATER COMPANY 63112 TOLLGATE 353.77 146260 11111 11/03/22 87 SAN JOSE WATER COMPANY 63112 MEDIANS/PARKWAYS 3,137.05 TOTAL CHECK 20,532.26 146261 11111 11/03/22 1754 SANDIS CIVIL ENGINEERS SU 81144 EL QUITO PK SURVEY 6,738.05 146261 11111 11/03/22 1754 SANDIS CIVIL ENGINEERS SU 81144 ELVA/CANYON SURVEY 220.00 146261 11111 11/03/22 1754 SANDIS CIVIL ENGINEERS SU 81142 CITYWIDE STORM DRAIN 98,901.71 TOTAL CHECK 105,859.76 146262 11111 11/03/22 500 SANJAY THEKDI 22113 REF BD DEP ARB22-0027 36,580.00 146263 11111 11/03/22 1 SANTA CLARA COUNTY CLERK- 62123 CNFRMD CPY/QUITO VILL 5.00 146264 11111 11/03/22 1 SANTA CLARA COUNTY CLERK- 62123 CNFRMD CPY/CUSD GRANT 5.00 146265 11111 11/03/22 1 SANTA CLARA COUNTY CLERK- 62123 CNFRMD CPY/BEAUCHAMPS 5.00 146266 11111 11/03/22 1 SANTA CLARA COUNTY CLERK- 62123 CNFRMD CPY/DIAZ 5.00 146267 11111 11/03/22 1 SANTA CLARA COUNTY CLERK- 62123 CNFRMD CPY/ANDRIS 5.00 146268 11111 11/03/22 136 SCOTTY'S AUTOMOTIVE 64611 MAINTENANCE VEH#124 123.06 146269 11111 11/03/22 500 SHARANYA RAJAN 22111 REF DEP GEO21-0023 3,119.25 146269 11111 11/03/22 500 SHARANYA RAJAN 44442 REF DEP GEO21-0023 1,800.00 TOTAL CHECK 4,919.25 146270 11111 11/03/22 154 SHUTE MIHALY & WEINBERGER 65213 CDD 13,539.40 146270 11111 11/03/22 154 SHUTE MIHALY & WEINBERGER 65214 CDE 2,074.80 146270 11111 11/03/22 154 SHUTE MIHALY & WEINBERGER 65219 CITY CLERK 638.40 146270 11111 11/03/22 154 SHUTE MIHALY & WEINBERGER 65211 CM 1,968.40 146270 11111 11/03/22 154 SHUTE MIHALY & WEINBERGER 65256 NON-DEP 338.88 146270 11111 11/03/22 154 SHUTE MIHALY & WEINBERGER 65217 OH/CC MEETINGS 1,409.80 146270 11111 11/03/22 154 SHUTE MIHALY & WEINBERGER 65215 PW 4,202.80 146270 11111 11/03/22 154 SHUTE MIHALY & WEINBERGER 65227 RISK MANAGEMENT 106.40 146270 11111 11/03/22 154 SHUTE MIHALY & WEINBERGER 65223 GENERAL PLAN 1,055.40 146270 11111 11/03/22 154 SHUTE MIHALY & WEINBERGER 22119 SB35 PROJ SUB20-0004 663.10 146270 11111 11/03/22 154 SHUTE MIHALY & WEINBERGER 22119 AHFV EIR ENV21-0011 3,175.90 146270 11111 11/03/22 154 SHUTE MIHALY & WEINBERGER 22119 RW ENV19-0005 2,470.50 146270 11111 11/03/22 154 SHUTE MIHALY & WEINBERGER 65213 CDD 5,878.70 146270 11111 11/03/22 154 SHUTE MIHALY & WEINBERGER 65214 CDE 812.00 146270 11111 11/03/22 154 SHUTE MIHALY & WEINBERGER 65219 CITY CLERK 520.60 146270 11111 11/03/22 154 SHUTE MIHALY & WEINBERGER 65211 CM 812.00 146270 11111 11/03/22 154 SHUTE MIHALY & WEINBERGER 65215 PW 1,507.70 TOTAL CHECK 41,174.78 22 SUNGARD PUBLIC SECTOR PAGE NUMBER: 4 DATE: 11/03/2022 CITY OF SARATOGA VENCHK11 TIME: 14:46:39 CHECK REGISTER ACCOUNTING PERIOD: 5/23 FUND - 009 - DISBURSEMENT FUND CHECK NUMBER CASH ACCT DATE ISSUED --------------VENDOR-------------- ACCT -------DESCRIPTION------- AMOUNT 146271 11111 11/03/22 160 SIERRA PACIFIC TURF SUPPL 61341 LANDSCAPE SUPPLIES 2,226.15 146272 11111 11/03/22 248 STATE OF CA FRANCHISE TAX 21252 DED:2011 FTB W/H 799.97 146273 11111 11/03/22 1246 STATEWIDE TRAFFIC SAFETY 81121 STREET SUPPLIES 1,283.58 146273 11111 11/03/22 1246 STATEWIDE TRAFFIC SAFETY 81121 STREET SUPPLIES 159.85 TOTAL CHECK 1,443.43 146274 11111 11/03/22 1670 SYL CONSTRUCTION INC. 81161 LIBRARY ADA PARKING 46,500.00 146275 11111 11/03/22 343 TMT ENTERPRISES INC 61341 REDWOOD SAWDUST 164.06 146276 11111 11/03/22 1642 TOSHIBA FINANCIAL SERVICE 62612 COPIER LEASE SEP-OCT 1,698.22 146276 11111 11/03/22 1642 TOSHIBA FINANCIAL SERVICE 62612 COPIER MAINT SEP-OCT 1,248.44 TOTAL CHECK 2,946.66 146277 11111 11/03/22 1707 URBAN PLANNING PARTNERS, 81141 AUG HOUSING ELEMENT 23,719.69 146277 11111 11/03/22 1707 URBAN PLANNING PARTNERS, 81141 AUG HOUSING ELEMENT 34,137.55 TOTAL CHECK 57,857.24 146278 11111 11/03/22 1524 VILLALOBOS & ASSOCIATES 81161 BEAUCHAMPS AC REPAIRS 7,934.00 146278 11111 11/03/22 1524 VILLALOBOS & ASSOCIATES 81161 BEAUCHAMPS BENCHES 2,850.00 146278 11111 11/03/22 1524 VILLALOBOS & ASSOCIATES 81161 BOWHILL/CRAYSIDE AC 3,000.00 146278 11111 11/03/22 1524 VILLALOBOS & ASSOCIATES 81161 BEAUCHAMPS PK SWING 2,500.00 TOTAL CHECK 16,284.00 TOTAL FUND 421,997.69 TOTAL REPORT 421,997.69 23 SARATOGA CITY COUNCIL MEETING DATE:November 16,2022 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 24 25 26 SARATOGA CITY COUNCIL MEETING DATE:November 16,2022 DEPARTMENT:Public Works Department PREPARED BY:John Cherbone, Public Works Director SUBJECT:One-Year Extension of Contract for Permitting and CEQA Support Services with Environmental Science Associates RECOMMENDED ACTION: Approve a contract amendment to extend the Permitting and CEQA Support Services contract with Environmental Science Associates (ESA)for an additional one-year term through to 12/31/2023. BACKGROUND: City Council authorized a contract with ESA at the September 1, 2021 meeting for Permitting and CEQA Support Services to assist the City with environmental regulatory permits and CEQA applications in preparation for repairs to several bridges within the City’s jurisdiction. City Staff anticipates that the contract scope will not be completed by original contract’s end date of December 31, 2022 and would therefore like to extend the contract term by an additional year. The payment terms of the original contract remain unchanged by this amendment. ATTACHMENTS: Attachment A -Original Contract Attachment B -Amendment to Extend Original Contract 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 &RQWUDFWRU3URMHFW1DPH 5HY&LW\RI6DUDWRJD&RQWUDFW$PHQGPHQW3DJHRI City of Saratoga Contract Amendment 7KLV&RQWUDFW$PHQGPHQWLVPDGHDW6DUDWRJD&DOLIRUQLDE\DQGEHWZHHQWKH&LW\RI6DUDWRJD DPXQLFLSDOFRUSRUDWLRQ&LW\DQGBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB &RQWUDFWRUZKRDJUHHWKDW &LW\DQG&RQWUDFWRUHQWHUHGLQWRDQDJUHHPHQWGDWHGBBBBBBBBBBBBBBBBBBB ³2ULJLQDO$JUHHPHQW´DQGZLVKWRDPHQGWKH2ULJLQDO$JUHHPHQWDVVHWIRUWKLQWKHSURYLVLRQV FKHFNHGEHORZ7HUPVQRWGHILQHGLQWKLV&RQWUDFW$PHQGPHQWVKDOOKDYHWKHPHDQLQJXVHGLQ WKH2ULJLQDO$JUHHPHQWDQGWKHSURYLVLRQVRIWKH2ULJLQDO$JUHHPHQWVKDOODSSO\WRLQWHUSUHWDWLRQ DQGHQIRUFHPHQWRIWKLV&RQWUDFW$PHQGPHQW Amended Term. 7KHWHUPRIWKH2ULJLQDO$JUHHPHQWFRPPHQFHGRQWKH(IIHFWLYH'DWHDQGLVKHUHE\ H[WHQGHGWKURXJKBBBBBBBBBBBBBBBBBBB(insert new termination date)RUWKH FRPSOHWLRQRIWKHSURMHFWZKLFKHYHURFFXUVILUVWXQOHVVLWLVIXUWKHUH[WHQGHGE\ZULWWHQ PXWXDODJUHHPHQWEHWZHHQWKHSDUWLHVSURYLGHGWKDWWKHSDUWLHVUHWDLQWKHULJKWWR WHUPLQDWHWKLV$JUHHPHQWDVSURYLGHGLQ([KLELW&WRWKH2ULJLQDO$JUHHPHQW Amended Scope of Work. 7KH6FRSHRI:RUNWHUPVLQFOXGHGDV([KLELWVBBBBBBBBBBBBBBBBBBBBBB WRWKH2ULJLQDO$JUHHPHQWDUHKHUHE\ VXSSOHPHQWHGZLWKDGGLWLRQDO6FRSHRI:RUNVWHUPVLQFOXGHGDV([KLELWBBBBBB WRWKLV&RQWUDFW$PHQGPHQW $1'25H[WHQGHGWRLQFOXGHSURYLGLQJWKHRQJRLQJVHUYLFHVUHIHUHQFHGLQWKH 2ULJLQDO$JUHHPHQWIRUWKHGXUDWLRQRIWKHDPHQGHGWHUP Amended Payment Terms. 7KHILUVWVHQWHQFHRIVHFWLRQRIWKH2ULJLQDO$JUHHPHQWVHWWLQJIRUWKWKHPD[LPXP FRQWUDFWSD\PHQWLVKHUHE\UHSODFHGZLWKWKHIROORZLQJ &LW\VKDOOSD\&RQVXOWDQWIRUZRUNSURGXFWSURGXFHGSXUVXDQWWRWKLVDJUHHPHQWDQ DPRXQWQRWWRH[FHHGWKHWRWDOVXPRI BBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB IRUZRUNWREHSHUIRUPHGDQGDQ\DXWKRUL]HGUHLPEXUVDEOHFRVWV $1'256HH([KLELWVBBBBBB Environmental Science Associates Permitting and CEQA support Services Environmental Science Associates 9/1/2021 ✔ 12/31/2023 59 &RQWUDFWRU3URMHFW1DPH 5HY&LW\RI6DUDWRJD&RQWUDFW$PHQGPHQW3DJHRI Other. 7KH2ULJLQDO$JUHHPHQWLVDPHQGHGDVIROORZV $1'256HH([KLELWVBBBBBB $OORWKHUSURYLVLRQVRIWKH2ULJLQDO$JUHHPHQWUHPDLQXQFKDQJHGE\WKLV&RQWUDFW $PHQGPHQW ([KLELWV$OODWWDFKPHQWVWRWKLVDJUHHPHQWDUHE\WKLVUHIHUHQFHLQFRUSRUDWHGKHUHLQDQG PDGHDSDUWRIWKLVDJUHHPHQW $GGLWLRQDO([KLELWV ,1:,71(66:+(5(2)WKHSDUWLHVKHUHWRKDYHH[HFXWHGWKLV$PHQGPHQW ContractorCity of Saratoga 6LJQDWXUH-DPHV/LQGVD\&LW\0DQDJHU 'DWH 6LJQHU1DPH $77(67 6LJQHU7LWOH 'DWH &RQWUDFW'HVFULSWLRQ %ULWW$YULW&LW\&OHUN 'DWH $33529('$672)250 5LFKDUG7D\ORU&LW\$WWRUQH\ 'DWH Environmental Science Associates Permitting and CEQA support Services ✔Original Agreement Permitting and CEQA support Services - Amendment to extend term of Contract 60 SARATOGA CITY COUNCIL MEETING DATE: November 16, 2022 DEPARTMENT: Community Development Department PREPARED BY: Tony Gonzalez, Code Compliance Officer SUBJECT: Commercial and Recreational Vehicle Parking Restriction Ordinance RECOMMENDED ACTION: 1. Conduct a public hearing. 2. Introduce and waive the first reading of the ordinance amending Chapter 9 (Motor Vehicles and Traffic) of the Saratoga Municipal Code and finding the amendment to be exempt from environmental review under the California Environmental Quality Act (CEQA); and 3. Direct staff to place the ordinance on the consent calendar for adoption on December 7, 2022. BACKGROUND: On September 7, 2022, staff presented to the City Council a report detailing the regulations related to recreational vehicles, commercial trailers and large commercial vehicles parked and/or stored on public streets. At the conclusion of the presentation, the City Council directed staff to return with recommendations and or suggestions as to how the current Saratoga Municipal Code Section 9-25.030 could be amended to facilitate the enforcement of recreational vehicles, commercial trailers and large commercial vehicles parked and/or stored on the streets. On October 19, 2022, in consultation with the Santa Clara County Sheriff’s Department, staff presented to the City Council the recommended changes to the ordinance to facilitate the enforcement of recreational vehicles, commercial trailers and large commercial trucks parked and or stored on public streets. At the conclusion of this presentation, the City Council voted to change the ordinance language as recommended by staff. The amendments have been incorporated in the proposed ordinance. (Attachment A) ENVIRONMENTAL DETERMINATION: The proposed modifications to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline sections 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. ATTACHMENT: Attachment A – Ordinance No. ___ 61 Page 1 Ordinance No. An Ordinance Amending Article 9-25 of the City Code Regulating Oversize Vehicles on Residential Streets The City Council of the City of Saratoga finds that: 1. On October 19, 2022, the City Council directed staff to prepare an ordinance amending Article 9-25 of the Saratoga Municipal Code to limit storage and long term parking of recreational vehicles, trailers and large commercial vehicles on City streets. The City Council of the City of Saratoga does ordain as follows: Section 1. Adoption. Section 9-25.030 of the Saratoga Municipal Code is hereby amended as set forth in Attachment A. Text to be added is indicated in bold double-underlined font (e.g., bold double- underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout). Text in standard font is readopted by this ordinance. Section 2. California Environmental Quality Act. The proposed amendments to the Saratoga Municipal Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance the amendments merely limit vehicle storage, and it can be seen with certainty that there is no possibility amendments will have a significant effect on the environment. Section 3. 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. 62 Page 2 Section 4. Publication. A summary of this ordinance shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Following a duly noticed public hearing, the foregoing ordinance was introduced at the regular meeting of the City Council of the City of Saratoga held on November 16, 2022, and was adopted by the following vote on December 7, 2022. COUNCIL MEMBERS: AYES: NAYS: ABSENT: ABSTAIN: SIGNED: Tina Walia MAYOR OF THE CITY OF SARATOGA ATTEST: Date: Britt Avrit CLERK OF THE CITY OF SARATOGA APPROVED AS TO FORM: Date: RICHARD TAYLOR, CITY ATTORNEY 63 Exhibit A – An Ordinance Amending Article 9-25 of the City Code Regulating Oversize Vehicles on Residential Streets 9-25.030 - Parking of certain commercial oversize vehicles on residential streets. (a) No person who owns or has possession, custody or control of any commercial vehicle recreational vehicle, boat or trailer, measuring more than twenty feet in length or eight feet in height shall park or leave standing such vehicle upon any street in a residential district or abutting any property or area within a residential district, between the hours of 8:00 P.M. and 8:00 A.M. of the following day for a period of seventy-two consecutive hours or more. A vehicle shall be considered to have been parked or left standing for seventy-two or more consecutive hours if it has remained inoperable or has not been moved and remained at least one mile from its original parked location for at least twenty-four (24) hours during the seventy-two-hour period. (b) Unattached boats and trailers shall not park or stand upon any public street. (c) For the purposes of this section: 2. Trailer means a vehicle, other than a motor vehicle, designed for industrial, professional, or commercial purposes, for carrying property on its own structure, and for being drawn by a motor vehicle. 3. Commercial vehicle shall have the meaning set forth in section 9- 10.040; 4. Recreational vehicle means any vehicle used for recreation and designed for human habitation for recreational, emergency, or other occupancy, and not including passenger vehicles. ; 1584544.1 64 SARATOGA CITY COUNCIL MEETING DATE:November 16, 2022 DEPARTMENT:Community Development Department PREPARED BY:Nicole Johnson, Senior Planner SUBJECT:Update to Heritage Preservation Ordinance RECOMMENDED ACTION: 1. Conduct a public hearing 2. Introduce and waive the first reading of the attached ordinance amending the City Code and finding the amendment to be exempt from environmental review under the California Environmental Quality Act (CEQA); and 3. Direct staff to place the ordinance on the consent calendar for adoption on December 7, 2022. BACKGROUND: At the December 18, 2019 City Council Meeting, City Council provided clarification of the role the Heritage Preservation Commission (HPC) has in reviewing applications along a Heritage Lane as well as the process to add properties to the Heritage Resource Inventory (HRI). The staff report and minutes from the December 18, 2019 meeting are included in Attachment C. At the meeting, the City Council directed staff to prepare an ordinance amendment that would: 1.Clarify that the scope of review for Designated Heritage Lanes is limited to projects in the public right of way; and 2.Clarify that a property owner must consent in order for their property to be included in the Heritage Resource Inventory; and 3.Clarifythat the Heritage Preservation Commission (HPC) is included in the review process for planning applications when staff deems the property of historic interest. In addition to the direction provided by the City Council, staff took this opportunity to clean up the language in the code. (Attachment A) Heritage Resource Inventory In 1981 the City Council, through the adoption of Ordinance No. 66 (Attachment B), created the Heritage Preservation Commission (HPC) and established procedures for the designation, conservation and control of heritage resources within the City. Ordinance No. 66 provided the HPC with the power and duty to “conduct, or cause to be conducted, a comprehensive survey of 65 properties within the boundaries of the City for the purpose of establishing an official inventory of heritage resources,” or the HRI. In 1988 the HPC completed a comprehensive inventory of historic resources within the City and 80 properties were listed to create the HRI by resolution number HP-88-01. The 1988 resolution also stated that “the Inventory will be periodically updated in the future, by resolution of the Heritage Commission, as additional heritage resources become known and documented.” Subsequently, approximately 41 properties and have been added to the HRI. The City Code designates four types of Heritage Resources: Historic Landmarks, Historic Districts, Heritage Lanes, and properties listed on the HRI. The City Code provides a formal public notice and hearing process as well as specific procedures whereby affected property owners can voice written objections to a proposed designation of a historic landmark, heritage lane, or historic district. The City Code is silent about whether and how a property owner may participate with respect to the owner’s property being listed on the HRI. Based on City Council direction, the current staff practice is to notify owners of properties proposed for inclusion on the HRI and provide them with an opportunity to object. Ordinance No.66 did not impose any special requirements or restrictions affecting the use of the properties listed on the HRI. Since the time that Ordinance No.66 was adopted, the City’s project review process has evolved. Over time, City staff began to seek the HPC’s recommendation on any proposed exterior changes made to properties on the HRI. This informal practice then became a part of the City Code. Accordingly, all applications for approvals such as design review, use permits, variances, building permits, etc. are submitted for HPC review and comment if they would affect the exterior of a property on the HRI. Furthermore, judicial interpretations of the California Environmental Quality Act (CEQA) affected local determinations regarding historical resources. Courts have interpreted CEQA to establish a presumption that any project on property included on a “local register of historic resources” such as the HRI is a historic resource unless the preponderance of the evidence demonstrates that the resource is not historically significant. Previously, staff would consider the factors that led to a property being included on the HRI as part of a broader assessment of a project’s historic significance for CEQA purposes. Note that all properties, regardless of whether they are on the HRI, are considered for their historical significance as part of the CEQA process. Properties not on the HRI are analyzed subject to the range of factors and the City may find that a property contains a historic resource if the findings are supported by substantial evidence. The proposed ordinance clarifies that for a property to qualify for inclusion on the HRI, the property owners must be given the opportunity to understand the ramifications of their property being placed on the HRI and provide written consent. If consent is not received the property shall not be included on the HRI. Heritage Lanes The City currently has two Heritage Lanes: a portion of Saratoga Avenue located between the Fruitvale Avenue/Saratoga intersection to 14301 Saratoga Avenue (designated in 1991) and Austin Way (designated in 2002). Of the 77 properties along the Saratoga Avenue Heritage Lane, 14 properties are listed on the City’s Heritage Resource Inventory and the remaining 63 are not. There are 15 properties along Austin Way, none of which are listed on the Inventory. 66 Under the current City Code, the HPC is authorized to comment only on building projects (e.g., building, demolition, grading, and tree removal permits) that are “upon or within” a Heritage Lane. Planning projects (e.g., design review, variances, subdivisions, etc.) are subject to HPC review only if they “pertain to or significantly affect” a Heritage Lane (on Austin Way the scope of review was further limited to proposed encroachment permits on City right-of-way only). The proposed ordinance update clarifies that the HPC review concerning a heritage lane shall be limited to applications for work to be performed directly upon or within the right of way of a designated heritage lane. In addition, for clarification, a definition of a public right of way has been included in the ordinance update. Per City Code Section 13-10.040 (d) the HPC can review and comment upon proposed ordinances of the City as they relate to heritage resources. The HPC provided comments and suggestions on the proposed updates that differed from the City Council direction. At the April 12, 2022 meeting, the HPC confirmed that they would like the City Council to review their suggestions even though they are different then what was directed. The memo and minutes from the April 12, 2022 HPC meeting are included in Attachment D. A comparison chart of staff’s recommendations and HPC’s recommendations is included in Attachment E. ATTACHMENTS: Attachment A - Heritage Preservation Ordinance Amendment Attachment B - Ordinance No. 66 Attachment C - December 18, 2019 City Council Staff report and minutes Attachment D - April 12, 2022 HPC memo with attachments and minutes Attachment E - Comparison Chart REVISIONS & UPDATES: Staff report Attachment E – Comparison Chart revised on November 15, 2022 to update incorrect numbering on pages 8 and 9. 67 410,111 1 ORDINANCE NO. 66 AN ORDINANCE CREATING A HERITAGE PRESERVATION COMMISSION AND ESTABLISHING PROCEDURES FOR THE DESIGNATION, CONSERVATION AND CONTROL OF HERITAGE RESOURCES WITHIN THE CITY OF SARATOGA Section 1. Purpose. It is hereby declared as a matter of public policy that . the recognition, preservation, enhancement and use of heritage resources within the City of Saratoga is required in the interest of the health, economic prosperity, cultural enrichment and general welfare of the people. The purpose of this Ordinance is to: a) Safeguard the heritage of the City by providing for the protection of irreplaceable heritage resources represent- ing significant elements of its history; b) Enhance the visual character of the City by encouraging and regulating the compatibility of architectural styles within historic areas which reflect established architectural traditions; c) Encourage public knowledge, understanding and . appreciation of the City's past and foster civic and neighborhood pride and sense of, identity based upon the recognition and use of the City's heritage resources; d) Stabilize and improve property values within the City and increase the economic and financial benefits to the City and its inhabitants derived from the preservation, rehabilitation and use of heritage resources; e) Integrate the .conservation of heritage resources into the public and private development process and identify as early as possible and resolve conflicts between the preservation of such resources and alternative land uses. 1- 68 i 411 0 Section 2. Definitions. Certain words and phrases used in this Ordinance shall be defined as follows: a) "Alteration" means any exterior change or modifica- tion of a designated historical landmark or any property within a designated heritage lane or historic district including, but not limited to, exterior changes to or modifica- tions of structure, architectural details or visual character- istics, grading, surface paving, the addition of new structures, removal or alteration of natural features, disturbance of archeological sites or areas, and the placement or removal of any exterior objects such as signs , plaques , light fixtures, walls, fences, steps or gates affecting the exterior visual qualities of the property, but shall not include painting, landscaping and ordinary maintenance. b) "Heritage Commission" means the Historical Preserva- tion Commission established pursuant to this Ordinance and Commissioner" means a member of the Heritage Commission. c) "Heritage resource" means any public or private property designated by the City, pursuant to this Ordinance, as having special historical, cultural, archeological, scientific, architectural or aesthetic significance, interest or value as part of the heritage or history of the City of Saratoga, the County of Santa Clara, the State of California or the nation. d) "Designated historic landmark" means a building, improvement, structure, natural feature, site or area of land under single or common ownership, designated as a heritage resource pursuant to this Ordinance. e) "Designated heritage lane" means a street, road, avenue, boulevard, pathway or trail designated as a heritage 2- 69 Ai. 411 110 4IP resource pursuant to this Ordinance. f) "Designated historic district" means a distinct section of the City, specifically defined in terms of geographic boundaries, designated as a heritage resource pursuant to this Ordinance. g) "Improvement" means any building, structure, parking facility, fence, gate, wall, work of art or other appurtenance or addition thereto constituting a physical betterment of real property, or any part of such betterment. h) "Exterior architectural feature" means the architec- tural elements embodying style, design,. general arrangement and components of all the outer surfaces of an improvement, including but not limited to, the kind and texture of building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement. Section 3. Heritage Preservation Commission. a) Creation of Commission. There is hereby estab- lished a Heritage Preservation Commission consisting of five unpaid members who shall be residents of the City of Saratoga and appointed by the Saratoga City Council, with the follow- ing qualifications: 1) One member from the Saratoga Planning Commission; 2) One member who shall have been a candidate nominated by the Saratoga Historical Foundation; 3) One member who, by reason of training and experience, is knowledgeable in the field of construc- tion and structural rehabilitation, such as - a licensed architect, engineer , contractor or urban planner ; 4) Two members appointed at large having demon- strable interest in preservation of the heritage resources within the City of Saratoga. 3- 70 4110 1110 b) Term. The original appointment of Commissioners shall be as follows: one for two years; two for three years; and two for four years. Thereafter , appointments shall be made for a four-year term. No Commissioner shall serve more than two consecutive terms. c) Vacancy and Removal. 1) In the event of a vacancy occurring during the term of a Commissioner , the City Council shall make an interim appointment to fill the unexpired term of such Commissioner , and where such Commissioner is required to have special qualifications , such vacancy shall be filled by interim appointment, in the manner herein prescribed, with a person having such qualifications. 2) A Commissioner who ceases to be a resident of the City of Saratoga shall automatically be removed and shall be so notifed by the Chairman of the Commission. The Chairman shall then request the City Council to fill the vacancy. Any Commissioner may be removed at any time upon the affirmative vote of at least four members of the City Council. d) Organization. 1) The Commission shall elect annually, on or before January 31st, one of its members to serve in the office of Chairman, and may elect such other officers from among its members as it deems necessary or desirable. Should a mid-year vacancy in any office occur , the Commission shall elect a replacement officer at the next regular or noticed special meeting to serve until the next annual election of officers. 2) The Director of Community Development or his designee (referred to herein as "Commission Staff") 4- 71 i 1 i,. 4101_1 . shall act as secretary for the Heritage Commission, shall be the custodian of its records, shall conduct official correspondence and shall generally supervise the clerical and technical work performed at the request or on behalf of the Heritage Commission. 3) The Heritage Commission shall meet quarterly, or more frequently upon call of the Chairman or Commis- sion Staff, as necessary. All meetings shall be open to the public and a public record shall be kept of all Commission proceedings and actions. A majority of Commissioners shall constitute a quorum, with the Chairman having a vote. The Heritage Commission shall prescribe rules and regulations for the conduct of its business, thereafter having the powers and authority to perform the duties hereinafter enumerated. Section 4. Powers and Duties of Heritage Commission. The Heritage Commission shall be advisory only to the City Council, the Planning Commission and the agencies and depart- ments of the City, and shall establish liaison and work in conjunc- tion with such authorities to implement the purposes of this Ordinance. The Heritage Commission shall have the following powers and duties: a) Conduct, or cause to be conducted, a comprehensive survey of properties within the boundaries of the City of Saratoga for the purpose of establishing an official inventory of heritage resources. The inventory shall be publicized and periodically updated, and a copy thereof shall be kept on file in the Community Development Department. b) Recommend to the City Council specific proposals for designation as a historic landmark, heritage lane or historic district. 5- 72 c) Recommend to the appropriate city agencies or departments projects and action programs for the recognition, conservation, enhancement and use of the City' s heritage resources, including standards to be followed with respect to any applications for permits to construct, change, alter , remodel, remove or otherwise affect such resources. d) Review and comment upon existing or proposed ordinances, plans or policies of the City as they relate to heritage resources. e) Review and comment upon all applications for building, demolition, grading or tree removal permits involv- ing work to be performed upon or within a designated historic landmark, heritage lane or historic district, and all applica- tions for tentative map approval, rezoning, building site approval, use permit, variance approval, design review or other approval pertaining to or significantly affecting any heritage resource. The Commission's comments shall be forwarded to the City agency or department processing the application within thirty (30) days after receiving the request for such comments. f) Investigate and report to the City Council on the availability of federal, state, county, local or private funding sources or programs for the rehabilitation and preservation of heritagea resources.9 g) Cooperate with county, state and federal govern- ments and with private organizations in the pursuit of the objectives of heritage conservation. h) Upon the request of a property owner or occupant and at the discretion of the Heritage Commission, render advice and guidance on the conservation, rehabilitation, alteration, decoration, landscaping or maintenance of any 6- 73 4„Am 41111 410Im. heritage resource. Such voluntary advice and guidance shall not impose any regulation or control over any property. i) Participate in, promote and conduct public informa- tion and educational programs pertaining to heritage resources. j) Perform such other functions as may be delegated to it by resolution or motion of the City Council. Section 5. Criteria for Designation as a Heritage Resource. The Heritage Commission may recommend to the City Council designation of a proposal as a heritage resource if it satisfies any one or more of the following criteria: a) It exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history of the City, the county, the state or the nation; or b) It is identified with persons or events significant in local, county, state or national history; or c) It embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials or craftmanship; or d) It is representative of the notable design or craft of a builder , designer, or architect; or e) It embodies or contributes to unique physical characteristics representing an established and familiar visual feature of a neighborhood or district within the City; or f) It represents a significant concentration or continuity of site, buildings, structures or objects, unified by past events or aesthetically by plan or physical or natural development; or g) It embodies or contributes to a unique natural 7- 74 4111 411 S setting or environment constituting a distinct area or district within the City having special character or special historical, architectural or aesthetic interest or value. Section 6. Procedure for Designation of a Heritage Resource. The procedure for designation as a heritage resource shall be as follows: a) Applications for Designation. Applications for designation as a heritage resource may be submitted to the heritage Commission by any of the following: 1) The owner or owners of a building, improve- ment, structure, natural feature, site or area of land, requesting designation of their property as a historic landmark. 2) The owners of at least sixty percent (60%) of all recorded lots abutting a street, road, avenue, boulevard, pathway or trail, or portion thereof, requesting designation as a heritage lane. 3) The owners of at least sixty percent (60%) of all recorded lots within a specific geographic section of the city, requesting designation of the entire section as a historic district. Applications for designation as a heritage lane or historic district shall be accompanied by a filing fee to cover the administrative cost of handling the designation proceedings. The City Council or the. Planning Commission may also, by resolution or motion, refer a proposed designation to the Heritage Commission for its recommendation and the Heritage Commission may consider a proposed designation upon its own initiative. b) Study of Proposal. The Heritage Commission shall conduct a study of the proposed designation, based upon 8- 75 411 such information or documentation as it may require from the applicant, the Commission Staff, or from other available sources. Public hearings shall not be required, but the Commission may, in its discretion, receive written or verbal comments from any persons having an interest in the proposal or any information relevant thereto. c) Objections to Proposals. In the event designation of a heritage resource is proposed by the City Council or Planning Commission or considered by the Heritage Commission upon its own initiative, and in the further event the Heritage Commission, as a result of its study of the proposal, deter- mines that the proposal should be recommended to the City Council for designation as a heritage resource, the Heritage Commission shall mail written notice of its intended recommen- dation to each person whose name appears on the latest adopted tax roll of Santa Clara County as owning the property, or any portion thereof, which is the subject of the proposed designation. Such written notice shall contain a complete description of the proposed designation and shall advise the property owners that written objections to the proposal may be filed with the Heritage Commission within forty-five (45) days from the date of the notice. If objections are filed by the owner of any property proposed to be designated as a historic landmark, or by the owners of at least forty-one percent (41%) of all recorded lots abutting a proposed heritage lane, or by the owners of at least forty-one percent (41%) of all recorded lots within a proposed historic district, the Heritage Commission shall discontinue any further consideration of the proposal. Such proposal may not again be considered for designation as a heritage resource for at least twelve (12) months after the 9- 76 1 4 \411 MP 110 ilk date of mailing the notice to the property owners unless, prior to the expiration of such twelve month period: 1) The owner or owners of a proposed historic landmark withdraw their objection; or 2) A sufficient number of owners of recorded lots abutting a proposed heritage lane or recorded lots within a proposed historic district withdraw their objections so as to reduce the total percentage of objectors to less than forty-one percent (41%) ; or 3) In the case of a proposed heritage lane or historic district, the Heritage Commission decides to modify the proposal by reducing the size or boundaries thereof so as to reduce the total percentage of objectors to less than forty-one percent (41%) . d) Recommendation by Heritage Commission. Provided the Heritage Commission is not required to discontinue consideration of a proposal by reason of objections raised pursuant to subparagraph 6 (c) above, the Heritage Commission shall render a written report within a reasonable time accompanied by all of the information and documentation reviewed by the Heritage Commission. The report shall either recommend the designation as originally proposed, recommend a modified designation or recommend that the proposed designa- tion be rejected. The report shall set forth in detail the reasons for the Heritage Commission's decision and the information and documentation relied upon in support thereof. A copy of the report shall be sent to the property owner or owners. e) Designation of a Historic Landmark. 1) The report and recommendations of the Heritage Commission on a proposed historic landmark, together 10- 77 7-, with the information and documentation pertaining thereto, shall be forwarded to the City Council. The City Council shall consider the report at its next available regular meeting and determine whether or not to accept the Heritage Commission's recommendations. The City Council shall by ordinance either approve the proposed designation, in whole or in part or as modi- fied, or shall by motion disapprove the proposal in its entirety. 2) In the event a designating ordinance is adopted by the City Council, such ordinance shall become effective thirty (30) days following adoption thereof and the designated property shall thereafter be subject to the regulations set forth in this Ordinance and such further restrictions or controls as may be specified in the designating ordinance. 3) Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the City, the County, the state or the nation, and satisfies one or more of the criteria set forth in Section 5 of this Ordinance. f) Designation of a Heritage Lane or Historic District. 1) The report and recommendations of the Heritage Commission on a proposed heritage lane or historic district, together with the information and documenta- tion pertaining thereto, shall be forwarded to the Planning Commission. 2) The Planning Commission shall conduct a public 11- 78 hearing on the proposed designation within sixty (60) days after receipt of the Heritage Commission's report. Notice of the public hearing shall be given in the manner provided in subparagraph (g) of this Section 6. 3) The Planning Commission shall either recommend approval of the designation as originally proposed, or approval of the designation as modified by the Heritage Commission or the Planning Commission or both, or recommend that the proposed designation be rejected. If the Planning Commission recommends approval or modified approval of the designation, it shall instruct the Commission Staff to prepare and shall approve a proposed form of ordinance for adoption by the City Council designating the heritage lane or historic district and establishing a zoning overlay for such lane or district. The proposed ordinance may include such regulations or controls over the designated property as the Planning Commission deems reasonably. necessary for the conserva- tion, enhancement and preservation thereof. 4) The recommendations of the Planning Commission, together with the report and recommendations of the Heritage Commission and the information and documenta- tion pertaining thereto, and the proposed ordinance, if any, shall be transmitted to the City Council and considered at its next available regular meeting. 5) If the City Council determines that the proposed heritage lane or historic district should be considered for designation as a heritage resource, it shall adopt a resolution initiating final designation proceedings. Such resolution shall schedule a public hearing on the proposed designation to be conducted 12- 79 within sixty (60) days. Notice of the public hearing shall be given in the manner provided in subparagraph g) of this Section 6. The resolution may further provide that during the pendency of the final desig- nation proceedings, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be performed upon or within the property which is the subject of the proposed designation, or may be issued only upon specified conditions or under specified circumstances. 6) At the conclusion of the public hearing, but in no event later than sixty (60) days from the date set in the resoltion for the initial public hearing, the City Council shall either adopt an ordinance designating the heritage lane or historic district, in whole or in part or as modified, or shall by motion disapprove the proposal in its entirety. 7) In the event a designating ordinance is adopted by the City Council, such ordinance shall become effective thirty (30) days following adoption thereof and the designated property shall therafter be subject to the regulations set forth in this ordinance and such further regulations or controls as may be specified in the designating ordinance. 8) Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the city, the county, the state or the nation, and satisfies one or more of the criteria set forth in 13- 80 111 se Section 5 of this Ordinance. g) Notice of Public Hearings. Notice of the time, place and purpose of public hearings conducted by the City Council and the Planning Commission pursuant to this Ordinance shall be given not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing by mailing such notice as follows: 1) In the case of a proposed Heritage lane, notice shall be sent to all persons whose names appear on the latest adopted tax roll of Santa Clara County as owning any property abutting the proposed heritage lane. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City of Saratoga not later than ten (10) days prior to the date of the hearing. 2) In the case of a proposed historic district, notice shall be mailed to all persons shown on the latest adopted tax roll of Santa Clara County as owning any property within the boundaries of the proposed district. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City of Saratoga not later than ten (10) days prior to the date of the hearing. Failure to send any notice by mail to any property owner whose name or address is not a matter of public record shall not invalidate any proceedings in connection with a proposed designation. The City Council or Planning Commission may, but shall not be obligated, to give such other notices as they deem appropriate or desirable. h) Notice of Designation. Following adoption by the City Council of an ordinance designating a heritage resource, 14- 81 i the Commission Staff shall send notice of the designation, together with a copy of the ordinance, to the owner or owners of the designated historic landmark, or the owners of all property abutting a designated heritage lane, or the owners of all property within a designated historic district. The notice shall inform such owners that the designated property will be added to the Saratoga Inventory of Designated Heritage Resources and may be eligible for certain privileges and benefits under local, state or federal law. The notice shall include a statement of the regulations and restrictions upon the designated property. The Commission Staff shall also send notice of the designation to: 1) The Heritage Commission; 2) The Planning Commission; 3) Any agency or department of the City request- ing such notice or affected by the designation; 4) The Saratoga Historical Foundation; 5) The Santa Clara County Historical Heritage Commission; 6) The California State Historic Preservation Officer; and 7) The Saratoga News. Notice of the designation as a heritage resource and the complete legal description of the designated property shall be recorded in the Office of the Recorder for Santa Clara County, California. Section 7. Termination of Designation. a) The. owner or owners of a designated historic landmark, or the owners of not less than sixty percent (60%) of all recorded lots abutting a designated heritage lane, or the owners of not less than sixty percent (60%) of all 15- 82 411 recorded lots within a designated historic district, may apply to the Heritage Commission for termination of the designation as a heritage resource. The application shall set forth in detail the grounds for termination and shall be accompanied by a filing fee to cover the administrative cost of handling the termination proceedings. b) The same procedures, notices and hearings shall apply to the termination proceedings as set forth in Section 6, subparagraphs (b) , (d) , (e) , (f) and (g) of this Ordinance. c) A designation may be terminated only upon a finding by the City Council that as a result of change in circum- stances, the designation is no longer consistent with the purposes and objectives of this Ordinance and no longer satisfies any of the criteria set forth in Section 5 of this Ordinance. d) Upon termination of a designation, notices shall be sent to the same persons, commissions and agencies as set forth in Section 6, subparagraph (h) , and a Notice of Termina- tion shall also be recorded in the office of the Recorder for Santa Clara County, California. Section 8 . Issuance of Permits. It is unlawful for any person to alter, demolish, remove, relocate or otherwise change any exterior architectural feature or natural feature of a designated heritage resource, or to construct, alter , demolish, remove or relocate any building,. improvement or other structure within a designated landmark area, heritage lane or historic district, or to place, erect, alter or relocate any sign upon or within a designated historic landmark, heritage lane or historic district, without first obtaining a written permit to do so in the manner.< provided in `Section :9 of this Ordinance. 16- 83 111 411 Ilk Section 9. Permit Procedure. The following procedures shall be followed in processing applications for permits required to be obtained under Section 8 of this Ordinance: a) Applications. Applications for permits , on forms prescribed by the Heritage Commission, shall be submitted to the Saratoga Community Development Department, which shall forward the application to the Heritage Commission for review and comment. The application shall be accompanied by a filing fee to cover the administrative cost of handling the permit request. b) Supporting Data. The application shall include the following data: 1) Documentation establishing ownership of the designated property by the applicant for the permit; 2) A clear statement of the proposed work; 3) A site plan showing all existing buildings, structures, trees over twelve inches in diameter , property lines, easements and the proposed work; 4) Plans showing the exterior elevations , mate- rials and grading of the proposed work; 5) Where the application is for demolition, a detailed statement of the necessity for demolition together with photographs of the structure to be demolished; 6) Such other information or documents as may be requested by the Heritage Commission. c) Heritage Commission Action. The Heritage Commission shall complete its review and issue a recommendation to the Community Development Department within thirty (30) days after receipt of the application, filing fee and all supporting 17- 84 r 410 111 data. Unless legally required, there shall be no notice, posting or publication requirements for action on the applica- tion, but all decisions shall be made at regular or noticed special meetings of the Heritage Commission. The Heritage Commission' s recommendation shall be in writing and shall state the reasons relied upon in support thereof. Upon receipt of the Heritage Commission's recommendations , the Community Development Department shall forward a copy thereof to the applicant. d) Issuance of Permit. If the Heritage Commission recommends issuance of the permit requested in the applica- tion, or issuance of such permit subject to conditions, the Director of Community Development shall proceed to issue the permit in accordance with the recommendation after the expiration of fifteen (15) days from the date the recommenda- tion is delivered to the Community Development Department, provided that no appeal has been filed during such time. In the event the Heritage Commission recommends denial of the application, the Director of Community Development shall notify the applicant that the requested permit will not be granted. e) Appeal. Any recommendations issued by the Heritage Commission with respect to the granting or denial of a permit may be appealed by the applicant or any interested person to the Planning Commission. The appeal shall be taken by filing with the Community Development Department a written notice thereof within fifteen (15) days from the date the Heritage Commission delivers its recommendation to the Community Development Department. The notice of appeal shall be signed by the appellant and shall set forth all of the grounds for the appeal, together with a filing fee to cover the adminis- trative cost of handling the appeal. Upon receipt of the 18-85 i S 411 notice of appeal and filing fee, the Secretary of the Plan- ning Commission shall set the appeal for hearing at the next available regular meeting of the Planning Commission that falls not less than fifteen (15) days after the date of filing the notice of appeal. The Planning Commission shall conduct a hearing de novo on the appeal and may adopt, reject or modify the recommendations of the Heritage Commission. The decision of the Planning Commission may be further appealed to the City Council by either the applicant or any interested person. The appeal shall be taken by filing with the City Clerk a written notice thereof within fifteen (15) days from the date the Planning Commission renders its decision. The notice of appeal shall be signed by the appellant and shall set forth all of the grounds for the appeal, together with a filing fee to cover the adminis- trative cost of handling the appeal. The appeal shall be set for hearing at the next available regular meeting of the City Council that falls not less than fifteen (15) days after the date of filing the notice of appeal. The City Council may conduct a hearing de novo on the appeal and may affirm, reverse or modify the decision of the Planning Commission. f) Permit Criteria. The Director of Community Develop- ment, on the recommendation of the Heritage Commission, or the Planning Commission or City Council on appeal, shall authorize issuance of a permit, or a conditional permit, if and only if, it is determined that: 1) The proposed work is consistent with the purposes and objectives of this Ordinance; or 2) In the case of any property located within a designated landmark area, heritage lane or historic district, the proposed work does not adversely affect 19- 86 410410 110 411, the character of such area, lane or district; or 3) In the case of construction of a new building, structure or other improvement upon a designated landmark area, heritage lane or historic district, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of existing buildings, structures and improvements located within the designated area, lane or district. g) Hardship. Notwithstanding subparagraph (f) of this Section 9, the Director of Community Development, on the recommendation of the Heritage Commission, or the Planning Commission or City Council on appeal, may approve an applica- tion for a permit to conduct any proposed work upon or within a designated heritage resource, if the applicant presents clear and convincing evidence demonstrating that a disapproval of the application will work immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work or because of conditions peculiar to the particular improvement, building, structure', topography or other feature involved. If a hardship is found to exist under this Section, the Heritage Commission or the Planning Commission or City Council shall make a written finding to that effect, and shall specify the facts and reasons relied upon in making such finding. Section 10. Fees. The City Council shall by resolution adopt a schedule of fees to be charged for the filing and processing of applications for designation as a heritage lane or historic district, applica- tions for termination of designation, applications for any permit required under Section 8 of this Ordinance, and appeals to the Planning Commission and City Council pursuant to subparagraph 9 (e) 20- 87 IIP 110 40, of this Ordinance. Section 11. Ordinary Maintenance and Repair . Nothing in this Ordinance shall be construed to prevent the ordinary maintenance, painting, landscaping or repair of any exterior feature in or upon any designated heritage resource that does not involve a change in design, material or the external appearance thereof, nor does this Ordinance prevent the construc- tion, reconstruction, alteration, restoration, demolition or removal of any such heritage resource which has been certified by the Saratoga Building Inspector, or Fire Chief, or Code Enforcement Officer as being in unsafe or dangerous condition which cannot be rectified through use of the California Historical Building Code. Section 12. Duty to Keep in Good Repair. The owner , occupant or the person in actual charge of a designated historic landmark or property located within a desig- nated heritage lane or historic district shall keep and maintain in good condition and repair all exterior portions thereof, all interior portions thereof when subject to special regulation or control as specified in the designating ordinance or permit,, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature or natural feature. Section 13. Enforcement. The Saratoga Community Development Department shall have authority to enforce the provisions of this Ordinance, and any other laws, rules or regulations of the City of Saratoga which govern or relate to the issuance of permits for work to be performed upon or within a heritage resource, by any or all of the following means: a) Serving notice upon the owner or occupant of a heritage resource requiring the correction or removal of any 21- 88 violation of this Ordinance; b) Authorizing and instructing the City Attorney to initiate appropriate legal proceedings against any person who violates this Ordinance, including actions for injunctive relief to restrain or enjoin such violation. c) Request enforcement assistance from the Santa Clara County Sheriff's Department and the Saratoga Code Enforcement Officer. Section 14. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason heldtiby a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. 22_ 89 64,411 410 Fo The foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Saratoga held 4th Novemberonthedayof 1981, by the follow- ing vote: AYES, and in favor thereof, Councilmembers: Clevenger, Mallory, Watson, Mayor Callon NOES, Councilmembers: Jensen ABSENT, Councilmembers None re Mayor ATTEST: el 44 City Clerk 4, cTotireyT7,. .,f,ore,rioein.,Q is a true and correct livnich has been 2-3- Dalt- e 23- 90 1 | P a g e ORDINANCE NO. XXX An Ordinance Amending Chapter 13 of the City Code Heritage Preservation THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS: Findings 1.At the December 18, 2019 meeting, the City Council directed staff to prepare an ordinance amending Chapter 13 of the Saratoga Municipal Code (Heritage Preservation) that would: 1.Clarify that the scope of review for Designated Heritage Lanes is limited to projects in the public right of way; and 2.Clarifythat a property owner must consent in order for their property to be included in the Heritage Resource Inventory; and 3.Clarify that the Heritage Preservation Commission (HPC) is included in the review process for planning applications when staff deems the property of historic interest. 2.In accordance with Saratoga Municipal Code Section 13-10.040 (d) the Heritage Preservation Commission reviewed the proposed amendments at their meetings of May, 11, 2021, June 8, 2021, December 14, 2021, January 11, 2022, and April 12, 2022 and provided comments and suggestions on the proposed updates. 3.The City Council of the City of Saratoga held a duly noticed public hearing on November 16, 2022, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof. Therefore, the City Council hereby ordains as follows: Section 1.Adoption. The Saratoga Municipal Code is amended as set forth in Attachment 1. Text to be added is indicated in bold double-underlined font (e.g., bold underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout). Text in standard font is readopted by this ordinance. Section 2. 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, paragraph, sub-paragraph, sentence, clause and phrase of this ordinance. If any section, sub-section, paragraph, sub-paragraph, sentence, clause or phrase of this ordinance 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 91 2 | P a g e remaining portions of this ordinance should remain in effect after the invalid portion has been eliminated. Section 3. California Environmental Quality Act The proposed amendments and additions to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance the amendments merely clarify existing City Code, and it can be seen with certainty that there is no possibility amendments will have a significant effect on the environment. Section 4. Publication. A summary of this ordinance shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Following a duly noticed public hearing the foregoing ordinance was introduced at the regular meeting of the City Council of the City of Saratoga held on the 16th day of November 2022 and was adopted by the following vote on December 7, 2022. AYES: NOES: ABSENT: ABSTAIN: SIGNED: Tina Walia MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: DATE: Britt Avrit, MMC CITY CLERK APPROVED AS TO FORM: 92 3 | P a g e _____________________________DATE: ________________________ Richard Taylor CITY ATTORNEY 93 4 | P a g e Attachment 1 Chapter 13 - HERITAGE PRESERVATION Article 13-05 - GENERAL PROVISIONS 13-05.010 - Purpose. It is hereby declared as a matter of public policy that the recognition, preservation, enhancement and use of heritage resources within the City is required in the interest of the health, economic prosperity, cultural enrichment and general welfare of the people. The purpose of this Chapter is to: (a) Safeguard the heritage of the City by providing for the protection of irreplaceable heritage resources representing significant elements of its history; (b) Enhance the visual character of the City by encouraging and regulating the compatibility of architectural styles within historic areas which reflect established architectural traditions; (c) Encourage public knowledge, understanding and appreciation of the City's past, and foster civic and neighborhood pride and sense of identity based upon the recognition and use of the City's heritage resources; (d) Stabilize and improve property values within the City and increase the economic and financial benefits to the City and its inhabitants derived from the preservation, rehabilitation, and use of heritage resources; (e) Integrate the conservation of heritage resources into the public and private development process and identify as early as possible and resolve conflicts between the preservation of such resources and alternative land uses. 13-05.020 - Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise: (a)Alteration means any exterior change or modification of a property,designated historical landmark, or any property within a designated heritage lane or historic district including, but not limited to, exterior changes to or modifications of structure, architectural details or visual characteristics, grading, surface paving, the addition of new structures, removal or alteration of natural features, disturbance of archeological sites or areas, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, walls, fences, steps or gates affecting the exterior visual qualities of the property, but does not include painting, landscaping and ordinary maintenance. (b)Designated heritage lane means a street, road, avenue, boulevard, pathway or trail designated as a heritage resource pursuant to this Chapter. 94 5 | P a g e (c)Designated historic district means a distinct section of the City, specifically defined in terms of geographic boundaries, designated as a heritage resource pursuant to this Chapter. (d)Designated historic landmark means a building, improvement, structure, natural feature, site or area of land under single or common ownership, designated as a heritage resource pursuant to this Chapter. (e)Exterior architectural feature means the architectural elements embodying style, design, general arrangement and components of all the outer surfaces of an improvement, including but not limited to, the kind and texture of building materials and the type and style of windows, doors, lights, signs and other fixtures appurtenant to such improvement. (f)Heritage Commission means the historical preservation commission established pursuant to this Chapter and Commissioner means a member of the Heritage Commission (g)(b) Commission staff means the Planning Community Development Director and the Director’s authorized representatives. (h)(c) Exterior architectural feature means the architectural elements embodying style, design, general arrangement and components of all the outer surfaces of an improvement, including but not limited to, the kind and texture of building materials and the type and style of windows, doors, lights, signs and other fixtures appurtenant to such improvement. (j)(d) Historic district means a distinct section of the City, specifically defined in terms of geographic boundaries, designated as a historic district pursuant to this Chapter. (c)(e)Historic landmark means a building, improvement, structure, natural feature, site or area of land under single or common ownership, designated as a historic landmark pursuant to this Chapter. (b)(f)Heritage lane means a public right-of-way such as a street, road, avenue, boulevard, pathway or trail that has been designated as a heritage resource lane pursuant to this Chapter and that does not include any portion of any property outside the public right of way. (i)(g) Heritage Preservation Commission means the historical preservation commission established pursuant to this Chapter and Commissioner means a member of the Heritage Preservation Commission. (h)Heritage resource means any public or private property designated by the City, pursuant to this Chapter, as a historic landmark, heritage lane, or historic district, and those properties listed on the City's Heritage Resource Inventory. (i)Heritage Resource Inventory means the City's official inventory of heritage resources, as adopted and amended from time to time by resolution of the Heritage Preservation Commission. A property may be listed on the Heritage Resource Inventory without being designated pursuant to this Chapter as a historic landmark, heritage lane or historic district. 95 6 | P a g e (j)Improvement means any building, structure, parking facility, fence, gate, wall, work of art or other appurtenance or addition thereto constituting a physical betterment of real property, or any part of such betterment. (k) Public Right-of-Way shall have the meaning set forth in section 15-06.570(a) of this Code. Article 13-10 - HERITAGE PRESERVATION COMMISSION Sections: 13-10.010 - Creation; qualification and residency of members. There is hereby established a Heritage Preservation Commission consisting of five unpaid members who shall be appointed by the City Council and shall all have a demonstrated interest in, competence or knowledge in historic preservation. In addition: (a) One of the members shall have been a candidate nominated by the Saratoga Historical Foundation. (b) A minimum of two of the members shall be appointed from among the disciplines of architecture, history, architectural history, planning, archeology or other historic preservation related disciplines such as urban planning, architecture/construction, American studies, American civilization, cultural geography or cultural anthropology, except that this requirement may be waived by the City Council if such professionals are unavailable in the community to the extent that such professionals are available in the community. The candidate nominated by the Saratoga Historical Foundation can qualify as this professional member. 13-10.020 - Vacancy and removal. In the event of a vacancy occurring during the term of a Commissioner where such Commissioner is required to have special qualifications, such vacancy shall be filled by interim appointment with a person having such qualifications. 13-10.030 - Organization. (a) The Community Development Director or designee shall act as Secretary for the Heritage Preservation Commission, shall be the custodian of its records, shall conduct official correspondence and shall generally supervise the clerical and technical work performed at the request or on behalf of the Heritage Preservation Commission. (b) The Heritage Preservation Commission shall meet quarterly, or more frequently upon call of the Chair or Commission staff, as necessary. All meetings shall be open to the public and a public record shall be kept of all Commission proceedings and actions. A majority of Commissioners shall constitute a quorum, with the Chair having a vote. 13-10.040 - Powers and duties. 96 7 | P a g e The Heritage Preservation Commission shall be advisory only to the City Council, the Planning Commission and the agencies and departments of the City and shall establish liaison and work in conjunction with such authorities to implement the purposes of this Chapter. The Heritage Preservation Commission shall have the following powers and duties: (a) Conduct, or cause to be conducted, a comprehensive survey of properties within the boundaries of the City for the purpose of establishing the Heritage Resource Inventory. To qualify for inclusion in the Heritage Resource Inventory, a property must satisfy any one or more of the criteria listed in Section 13-15.010 of this Chapter. The Inventory which shall be publicized and periodically updated, and a copy thereof shall be kept on file in the Planning Department. (b) Recommend to the City Council specific proposals for designation as a historic landmark, heritage lane or historic district. (c) Recommend to the appropriate City agencies or departments projects and action programs for the recognition, conservation, enhancement and use of the City's heritage resources, including standards to be followed with respect to any applications for permits to construct, change, alter, remodel, remove or otherwise affect such resources. (d) Review and comment upon existing or proposed ordinances, plans or policies of the City as they relate to heritage resources. (e) Review and comment upon all applications for building, demolition, grading or tree removal permits involving work to be performed upon or within a designated historic landmark, heritage lane or historic district, and all applications for tentative map approval, rezoning, building site approval, use permit, variance approval, design review or other any work, permit, or approval pertaining to or significantly affecting any heritage resource or a property that staff deems to be of historic interest.The Heritage Preservation Commission’s review for any work, permit or approval concerning a heritage lane shall be limited to applications for any work, permit or approval upon or within a designated heritage lane.The Commission's comments shall be forwarded to the City agency or department processing the application within thirty days after receiving the request for such comments. (f) Investigate and report to the City Council on the availability of federal, state, county, local or private funding sources or programs for the rehabilitation and preservation of heritage resources. (g) Cooperate with county, state and federal governments and with private organizations in the pursuit of the objectives of heritage conservation. (h) Upon the request of a property owner or occupant and at the discretion of the Heritage Preservation Commission, render advice and guidance on the conservation, rehabilitation, alteration, decoration, landscaping or maintenance of any heritage resource; such voluntary advice and guidance shall not impose any regulation or control over any property. (i)Participate in, promote and conduct public information and educational programs pertaining to heritage resources. 97 8 | P a g e (j) Perform such other functions as may be delegated to it by resolution or motion of the City Council. Article 13-15 - DESIGNATION OF A HERITAGE RESOURCE Sections: 13-15.010 - Criteria. The Heritage Preservation Commission may recommend to the City Council designation of a proposal as a historic landmark, heritage lane or historic district if it satisfies any two or more of the criteria listed below and also retains a substantial degree of architectural and structural integrity with respect to the original design, as determined by the Heritage Preservation Commission. The Heritage Preservation Commission may place a property satisfying any one or more of the criteria listed below on the Heritage Resource Inventory in accordance with the procedures in this Code. (a) It exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history of the City, the County, the State or the nation; or (b)It is identified with persons or events significant in local, county, state or national history; or (c) It embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials; or (d) It is representative of the notable design or craft of a builder, designer, or architect; or (e) It embodies or contributes to unique physical characteristics representing an established and familiar visual feature of a neighborhood or district within the City; or (f) It represents a significant concentration or continuity of site, buildings, structures or objects, unified by past events or aesthetically by plan or physical or natural development; or (g) It embodies or contributes to a unique natural setting or environment constituting a distinct area or district within the City having special character or special historical, architectural or aesthetic interest or value. 13-15.020 – Applications Initiation of Proceedings. (a) Applications for designation as a historic landmark, heritage lane or historic district, or for inclusion on the Heritage Resource Inventory may be submitted to the Heritage Preservation Commission by any of the following: (1) The owner or owners of a building, improvement, structure, natural feature, site or area of land, requesting such designation or inclusion of their property as a historic landmark; 98 9 | P a g e (2) The owners of at least sixty percent of the frontage of all recorded lots abutting a street, road, avenue, boulevard, pathway or trail, or portion thereof public right-of-way, requesting designation as a heritage lane; or (3) The owners of at least sixty percent of the area of all recorded lots within a specific geographic section of the City, requesting designation of the entire section as a historic district. (b) The City Council or the Planning Commission may also, by resolution or motion, refer a proposed designation or inclusion to the Heritage Commission for its recommendation and the Heritage Commission may consider a proposed designation or inclusion upon its own initiative. 13-15.030 - Study of proposal. The Heritage Preservation Commission shall conduct a study of the proposed designation or inclusion, based upon such information or documentation as it may require from the applicant, the Commission staff, or from other available sources. Public hearings shall not be required, but the Commission may, in its discretion, receive written or verbal comments from any persons having an interest in the proposal or any information relevant thereto. 13-15.040 - Objections to proposals Notice. (a) In the event designation of a historic landmark, heritage lane or historic district is proposed by the City Council or Planning Commission or considered by the Heritage Preservation Commission upon its own initiative, and in the further event the Heritage Preservation Commission, as a result of its study of the proposal, determines that the proposal should be recommended to the City Council for designation, the Heritage Preservation Commission shall mail written notice of its intended recommendation to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is the subject of the proposed designation. Such written notice shall contain a complete description of the proposed designation and shall advise the property owners that written objections to the proposal may be filed with the Heritage Commission within forty- five days from the date of the notice. (b) If objections are filed by the owner of any property proposed to be designated as a historic landmark or by the owners of at least forty-one percent of the frontage of all recorded lots abutting a proposed heritage lane, or by the owners of at least forty-one percent of the area of all recorded lots within a proposed historic district, the Heritage Preservation Commission shall discontinue any further consideration of the proposal. Such proposal may not again be considered for designation for at least twelve months after the date of mailing the notice to the property owners unless, prior to the expiration of such twelve-month period: (1) The owner or owners of a proposed historic landmark withdraw their objection; or (2) A sufficient number of owners of recorded lots abutting a proposed heritage lane or recorded lots within a proposed historic district withdraw their objections so as to reduce the total percentage of objectors to less than forty-one percent; or 99 10 | P a g e (3) In the case of a proposed heritage lane or historic district, the Heritage Preservation Commission decides to modify the proposal by reducing the size or boundaries thereof so as to reduce the total percentage of objectors to less than forty-one percent. (c)In the event inclusion on the Heritage Resource Inventory is proposed by the City Council or Planning Commission or considered by the Heritage Preservation Commission upon its own initiative, and in the further event the Heritage Preservation Commission, as a result of its study of the proposal, determines that the proposed property should be included in the Heritage Resource Inventory, the Heritage Preservation Commission shall mail written notice of its intent to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is proposed to be included in the Heritage Resource Inventory. Such written notice shall contain a complete description of the proposed action and shall advise the property owner(s) that written consent to the proposed action is required. If consent is not received the property shall not be included on the Heritage Resource Inventory and the property shall not again be considered for inclusion for at least twelve months after the date of mailing the notice to the property owner(s) unless, prior to the expiration of such twelve-month period the owner(s) withdraw the objection. If consent is received the property shall be included on the Heritage Resource Inventory. 13-15.050 - Recommendation by Heritage Preservation Commission. Provided the Heritage Preservation Commission is not required to discontinue consideration of a designation proposal by reason of objections raised pursuant to Section 13- 15.040, the Heritage Preservation Commission shall render a written report within a reasonable time accompanied by all of the information and documentation reviewed by the Heritage Preservation Commission. The report shall either recommend the designation as originally proposed, recommend a modified designation or recommend that the proposed designation be rejected. The report shall set forth in detail the reasons for the Heritage Preservation Commission's decision and the information and documentation relied upon in support thereof. A copy of the report shall be sent to the property owner or owners. 13-15.060 - Historic landmark. (a) The report and recommendations of the Heritage Preservation Commission on a proposed historic landmark, together with the information and documentation pertaining thereto, shall be forwarded to the City Council. The City Council shall consider the report at its next available regular meeting and determine whether or not to accept the Heritage Preservation Commission's recommendations. The City Council shall by ordinance either approve the proposed historic landmark designation, in whole or in part or as modified, or shall by motion disapprove the proposal in its entirety. 100 11 | P a g e (b) Until final action has been taken by the City Council on the proposed designation as a historic landmark, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be formed upon or within the property which is the subject of the proposed designation, unless approved by the Heritage Preservation Commission or the City Council. This restriction shall become effective as of the time the application for designation is filed, or upon the expiration of time for filing objections in response to the notice given pursuant to Subsection 13-15.040(a) of this Article, as the case may be. (c)In the event a designating ordinance designating a historic landmark is adopted by the City Council, such ordinance shall become effective thirty days following adoption thereof and the designated property shall thereafter be subject to the regulations set forth in this Chapter and such further restrictions or controls as may be specified in the designating ordinance. (d) Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the City, the County, the State or the nation, and satisfies one two or more of the criteria set forth in Section 13- 15.010. 13-15.070 - Heritage lane or historic district. (a) Report to Planning Commission.The report and recommendations of the Heritage Preservation Commission on a proposed heritage lane or historic district, together with the information and documentation pertaining thereto, shall be forwarded to the Planning Commission. (b) Public hearing; notice.The Planning Commission shall conduct a public hearing on the proposed designation within sixty days after receipt of the Heritage Preservation Commission's report. Notice of the public hearing shall be given in the manner provided in Section 13-15.080. (c) Actions of Planning Commission.The Planning Commission shall either recommend approval of the designation as originally proposed, or approval of the designation as modified by the Heritage Preservation Commission or the Planning Commission or both, or recommend that the proposed designation be rejected. If the Planning Commission recommends approval or modified approval of the designation, it shall instruct the Commission staff to prepare and shall approve a proposed form of ordinance for adoption by the City Council designating the heritage lane or historic district and establishing a zoning overlay for such lane or district. The proposed ordinance may include such regulations or controls over the designated property as the Planning Commission deems reasonably necessary for the conservation, enhancement and preservation thereof. (d) Transmittal of documents to City Council.The recommendations of the Planning Commission, together with the report and recommendations of the Heritage Preservation Commission and the information and documentation pertaining thereto, and the proposed ordinance, if any, shall be transmitted to the City Council and considered at its next available regular meeting. 101 12 | P a g e (e) Actions of City Council.If the City Council determines that the proposed heritage lane or historic district should be considered for designation as such a heritage resource, it shall adopt a resolution initiating final designation proceedings. Such resolution shall schedule a public hearing on the proposed designation to be conducted within sixty days. Notice of the public hearing shall be given in the manner provided in Section 13-15.080. The resolution may further provide that during the pendency of the final designation proceedings, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be performed upon or within the property, which is the subject of the proposed designation, or may be issued only upon specified conditions or under specified circumstances. (f) Adoption or disapproval.At the conclusion of the public hearing or a time,but in no event later than sixty days from the date set in the resolution for the initial public hearing, the City Council shall either adopt an ordinance designating the heritage lane or historic district, in whole or in part, or as modified, or shall by motion disapprove the proposal in its entirety. (g) Effective date.In the event a designating ordinance is adopted by the City Council, such ordinance shall become effective thirty days following adoption thereof and the designated property shall thereafter be subject to the regulations set forth in this Chapter and such further regulations or controls as may be specified in the designating ordinance. (h) Findings and criteria for adoption of ordinance.Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the City, the County, the State or the nation, and satisfies one two or more of the criteria set forth in Section 13-15.010. 13-15.080 - Notice of public hearings. (a) Notice of the time, place and purpose of public hearings conducted by the City Council and the Planning Commission pursuant to this Chapter shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing such notice as follows: (1) In the case of a proposed heritage lane, notice shall be sent to all persons whose names appear on the latest available tax roll of the County as owning any property abutting the proposed heritage lane. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. (2) In the case of a proposed historic district, notice shall be mailed to all persons shown on the latest available tax roll of the County as owning any property within the boundaries of the proposed district. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. (b) Failure to send any notice by mail to any property owner whose name and address is not a matter of public record shall not invalidate any proceedings in connection with a proposed 102 13 | P a g e designation. The City Council or Planning Commission may, but shall not be obligated, to give such other notices as they deem appropriate or desirable. 13-15.090 - Notice of designation. (a) Following adoption by the City Council of an ordinance designating a historic landmark, heritage lane or historic district, the Commission staff shall send notice of the designation, together with a copy of the ordinance, to the owner or owners of the designated historic landmark, or the owners of all property abutting a designated heritage lane, or the owners of all property within a designated historic district. The notice shall inform such owners that the designated property will be added to the Saratoga Heritage Resource Inventory and may be eligible for certain privileges and benefits under local, state or federal law. The notice shall include a statement of the regulations and restrictions upon the designated property. The Commission staff shall also send notice of the designation to: (1) The Heritage Preservation Commission. (2) The Planning Commission. (3) Any agency or department of the City requesting such notice or affected by the designation. (4) The Saratoga Historical Foundation. (5) The Santa Clara County Historical Heritage Commission. (6) The California State Historic Preservation Officer. (7)The Saratoga News. (b) Notice of the designation and the complete legal description of the designated property shall be recorded in the office of the Recorder for the County. 13-15.100 - Termination of designation. (a) The owner or owners of a designated historic landmark or other property included on the Heritage Resource Inventory,or the owners of not less than sixty percent of the frontage of all recorded lots abutting a designated heritage lane, or the owners of not less than sixty percent of the area of all recorded lots within a designated historic district, may apply to the Heritage Preservation Commission for termination of the designation and/or inclusion in the Heritage Resource Inventory. The application shall contain a detailed description of all facts and circumstances relied upon by the applicant as reasons for termination. (b) The same procedures, notices and hearings shall apply to the termination proceedings as set forth in Section 13-15.030 and Sections 13-15.050 through 13-15.080 of this Article. (c) A designation may be terminated only upon a finding by the City Council that as a result of change in circumstances, the designation is no longer consistent with the purposes and objectives of this Chapter and no longer satisfies any of the criteria set forth in Section 13- 15.010. 103 14 | P a g e (d) Upon termination of a designation, notices shall be sent to the same persons, commissions and agencies as set forth in Section 13-15.090, and a notice of termination shall also be recorded in the office of the Recorder for the County. Article 13-20 - PERMITS Sections: 13-20.010 - Permit required. It is unlawful for any person to alter, demolish, remove, relocate or otherwise change any exterior architectural feature or natural feature of a designated historic landmark or to construct, alter, demolish, remove or relocate any building, improvement or other structure upon any property located within a designated heritage lane or historic district, or to place, erect, alter or relocate any sign upon or within a designated historic landmark, heritage lane or historic district, without first obtaining a written permit to do so in the manner provided in this Article; provided, however, that the foregoing requirements shall not apply when alternative permit requirements for a specific historic landmark, heritage lane, or historic district have been specified by the ordinance designating the landmark, lane, or district. 13-20.020 - Applications. Applications for permits, on forms prescribed by the Heritage Commission, shall be submitted to the Planning Community Development Director, who shall forward the application to the Heritage Preservation Commission for review and comment. The application shall be accompanied by a filing fee to cover the administrative cost of handling the permit request. 13-20.030 - Supporting data. The application shall include the following data: (a) Documentation establishing ownership of the designated property by the applicant for the permit. (b) A clear statement of the proposed work. (c) A site plan showing all existing buildings, structures, trees over twelve inches in diameter, property lines, easements and the proposed work. (d) Plans showing the exterior elevations, materials and grading of the proposed work. (e) Where the application is for demolition, a detailed statement of the necessity for demolition together with photographs of the structure to be demolished. (f) Such other information or documents as may be requested by the Heritage Preservation Commission. (g) Historic resource evaluation provided by a licensed historic architect or historic consultant professional. 104 15 | P a g e 13-20.040 - Heritage Preservation Commission action. The Heritage Preservation Commission shall complete its review and issue a recommendation to the Planning Community Development Director within thirty days after receipt of the application, filing fee and all supporting data. Unless legally required, there shall be no notice, posting or publication requirements for action on the application, but all decisions shall be made at regular or noticed special meetings of the Heritage Preservation Commission. The Heritage Preservation Commission's recommendation shall be in writing and shall state the reasons relied upon in support thereof. Upon receipt of the Heritage Preservation Commission's recommendations, the Planning Community Development Director shall forward a copy thereof to the applicant. 13-20.050 - Issuance of permit. If the Heritage Preservation Commission recommends issuance of the permit requested in the application, or issuance of such permit subject to conditions, the Planning Community Development Director shall proceed to issue the permit in accordance with the recommendation after the expiration of ten days from the date the recommendation is delivered to the Planning Community Development Director, provided that no appeal has been filed during such time and provided further, that no other approval under this Code is required for issuance of such permit. In the event the Heritage Preservation Commission recommends denial of the application, the Planning Community Development Director shall notify the applicant that the requested permit will not be granted. 13-20.060 - Appeal. (a) Any recommendations issued by the Heritage Preservation Commission with respect to the granting or denial of a permit may be appealed by the applicant or any interested person to the Planning Commission. The appeal shall be taken by filing with the Secretary of the Planning Commission a written notice thereof within ten days from the date the Heritage Preservation Commission delivers its recommendation to the Planning Community Development Director. The notice of appeal shall be signed by the appellant and shall set forth all of the grounds for the appeal, together with a filing fee to cover the administrative cost of handling the appeal. Upon receipt of the notice of appeal and filing fee, the Secretary of the Planning Commission shall set the appeal for hearing at the next available regular meeting of the Planning Commission. The Planning Commission shall conduct a hearing de novo on the appeal and may adopt, reject or modify the recommendations of the Heritage Preservation Commission. (b) The decision of the Planning Commission may be further appealed to the City Council by either the applicant or any interested person, in accordance with the procedure set forth in Section 2-05.030 of this Code. 105 16 | P a g e 13-20.070 - Criteria. The Planning Community Development Director, on the recommendation of the Heritage Preservation Commission, or the Planning Commission or City Council on appeal, shall authorize issuance of a permit, or a conditional permit, if and only if, it is determined that: (a) The proposed work is consistent with the purposes and objectives of this Chapter. (b) The proposed work does not adversely affect the character of the designated historic landmark, heritage lane or historic district. (c) In the case of construction of a new building, structure or other improvement upon or within a designated historic landmark, heritage lane or historic district, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of the existing landmark, lane or district. 13-20.080 - Hardship. Notwithstanding Section 13-20.070, the Planning Community Development Director, on the recommendation of the Heritage Preservation Commission, or the Planning Commission or City Council on appeal, may approve an application for a permit to conduct any proposed work upon or within a designated historic landmark or property located within a designated heritage lane or historic district if the applicant presents clear and convincing evidence demonstrating that a disapproval of the application will work immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work or because of conditions peculiar to the particular improvement, building, structure, topography or other feature involved. If a hardship is found to exist under this Section, the Heritage Preservation Commission or the Planning Commission or City Council shall make a written finding to that effect and shall specify the facts and reasons relied upon in making such finding. Article 13-25 - MISCELLANEOUS PROVISIONS Sections: 13-25.010 - Fees. (a) No fee shall be charged for the filing, processing or public noticing of any application for designation or any application for termination of a designation. (b) The City Council shall by resolution adopt a schedule of fees to be charged for the filing and processing of applications for any permit required under Section 13-20.010 and appeals to the Planning Commission and City Council pursuant to Section 13-20.060. 13-25.020 - Ordinary maintenance and repair. Nothing in this Chapter shall be construed to prevent the ordinary maintenance, painting, landscaping or repair of any exterior feature in or upon any designated historic landmark or property located within a designated heritage lane or historic district that does not involve a 106 17 | P a g e change in design, material or the external appearance thereof, nor does this Chapter prevent the construction, reconstruction, alteration, restoration, demolition or removal of any designated historic landmark or property located within a designated heritage lane or historic district which has been certified by the City building inspector, or fire chief, or other code enforcement officer as being in unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code. 13-25.030 - Duty to keep in good repair. The owner, occupant, or the person in actual charge of a designated historic landmark or property located within a designated heritage lane or historic district shall keep and maintain in good condition and repair all exterior portions thereof, all interior portions thereof when subject to special regulation or control as specified in the designating ordinance or permit, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature or natural feature. 13-25.040 - Enforcement. (a) The violation of any provision contained in this Chapter is hereby declared to be unlawful and shall constitute a misdemeanor, subject to the penalties as prescribed in Chapter 3 of this Code. (b) The Planning Community Development Director shall have the duty and authority to enforce the provisions of this Chapter, and any other laws, rules or regulations of the City which govern or relate to the issuance of permits for work to be performed upon or within a designated historic landmark or property located within a designated heritage lane or historic district, by any or all of the following means: (1) Serving notice upon the owner or occupant requiring the correction or removal of any violation of this Chapter. (2) Issuance of citations for violation of any provision of this Chapter. (3) Authorizing and instructing the City Attorney to initiate appropriate legal proceedings against any person who violates this Chapter, including actions for injunctive relief to restrain or enjoin such violation. (4) Request enforcement assistance from the County Sheriff's Department and the City Community Service Officers code enforcement staff. 1584524.1 107 SARATOGA CITY COUNCIL MEETING DATE: December 18, 2019 DEPARTMENT: Community Development Department PREPARED BY: Nicole Johnson, Planner II SUBJECT: Heritage Resource Inventory and Heritage Lanes RECOMMENDED ACTION: Staff recommends that the City Council receive the report and provide direction to staff. BACKGROUND: Following joint meetings with the Heritage Preservation Commission (HPC) on March 11, 2019 and with the Historical Foundation on October 16, 2019 the City Council directed staff to place on the agenda a Council discussion of the HPC’s recommendation to no longer require landowner consultation in connection with updates to the Heritage Resource Inventory and the HPC’s recommendation to amend the City Code to provide greater Commission oversight of projects on lands adjoining Heritage Lanes. HERITAGE RESOURCE INVENTORY In 1981 the City Council, through the adoption of Ordinance No. 66 (Attachment 1), created the Heritage Preservation Commission (HPC) and established procedures for the designation, conservation and control of heritage resources within the City. Ordinance No. 66 provided the HPC with the power and duty to “conduct, or cause to be conducted, a comprehensive survey of properties within the boundaries of the City for the purpose of establishing an official inventory of heritage resources,” or the Heritage Resource Inventory (Inventory). In 1988 the HPC completed a comprehensive inventory of historic resources within the City and 80 properties were listed to create the Inventory by resolution number HP-88-01 (Attachment 2). The 1988 resolution also stated that “the Inventory will be periodically updated in the future, by resolution of the Heritage Commission, as additional heritage resources become known and documented.” Subsequently, approximately 47 properties and have been added to the Inventory. At the October 2019 joint meeting the City Council asked for additional information concerning the role of affected property owners in updates to the Heritage Resource Inventory and the effects of having a property included on the Inventory. As background, the City Code designates four types of Heritage Resources: Historic Landmarks, Historic Districts, Heritage Lanes, and 108 properties listed on the Inventory. The City Code provides a formal public notice and hearing process as well as specific procedures whereby affected property owners can voice written objections to a proposed designation of a historic landmark, heritage lane, or historic district. The City Code is silent about whether and how a property owner may participate with respect to the owner’s property being listed on the Inventory. Based on City Council direction, the current staff practice is to notify owners of properties proposed for inclusion on the Inventory and provide them with an opportunity to object. The HPC believes the staff practice should be discontinued and has requested that the Council provide direction. With respect to the effects of having a property included on the Inventory, Ordinance No.66 did not impose any special requirements or restrictions affecting the use of the properties listed on the Inventory. Since the time that Ordinance No.66 was adopted, two new special requirements have taken effect. The first is with respect to the City’s project review process. Over time, City staff began to seek the HPC’s recommendation on any proposed exterior changes made to properties on the Inventory. This informal practice then became a part of the City Code. Accordingly, all applications for approvals such as design review, use permits, variances, building permits, etc. are submitted for HPC review and comment if they would affect the exterior of a property on the Inventory. The second effect concerns a judicial interpretation of the California Environmental Quality Act (CEQA). In 1997 a court interpreted CEQA to establish a presumption that any project on property included on a “local register of historic resources” such as the Inventory is a historic resource unless the preponderance of the evidence demonstrates that the resource is not historically significant. Previously, staff would consider the factors that led to a property being included on the Inventory as part of a broader assessment of a project’s historic significance for CEQA purposes. Following the 1997 decision, the fact that a property is listed on the Inventory, for practical purposes, removes the need for further inquiry and effectively requires further CEQA review. Note that all properties, regardless of whether they are on the Inventory, must be considered for their historical significance as part of the CEQA process. Properties not on the Inventory are analyzed subject to the range of factors CEQA requires agencies to consider; projects on the Inventory are now presumed to be historic without analysis. As noted above, the HPC has requested that Council direct staff to no longer consult with property owners concerning a property’s potential inclusion on the Inventory and the City Code remain as is. HERITAGE LANE ORDINANCE The HPC has recommended that the City Council initiate amendments to the City Code to include within the definition of Heritage Lane “related features” adjacent to the lane. These would include structures (homes, accessory dwelling units, accessory structures, etc.), trees, fences/gates, etc. visible from the right of way. This change would ensure that the HPC has the authority to review all building and planning applications on properties adjoining Heritage Lanes. The City currently has two Heritage Lanes: a portion of Saratoga Avenue located between the Fruitvale Avenue/Saratoga intersection to 14301 Saratoga Avenue (designated in 1991) and Austin Way (designated in 2002). Attachments 3 and 4 show the two lanes and adjoining properties that would be affected by the change. Of the 77 properties along the Saratoga Avenue Heritage Lane, 109 14 properties are listed on the City’s Heritage Resource Inventory and the remaining 63 are not. There are 15 properties along Austin Way, none of which are listed on the Inventory. Under the current City Code, the HPC is authorized to comment only on building projects (e.g., building, demolition, grading, and tree removal permits) that are “upon or within” a Heritage Lane. Planning projects (e.g., design review, variances, subdivisions, etc.) are subject to HPC review only if they “pertain to or significantly affect” a Heritage Lane (on Austin Way the scope of review was further limited to proposed encroachment permits on City right-of-way only). This is discussed in more detail in an August 9, 2018 memo from the Assistant City Attorney to the HPC that is included as Attachment 5. The proposed change would expand the scope of HPC review to include all building projects and planning projects on properties adjoining a Heritage Lane. The HPC has explained that this change would “clarify the definition of a Heritage Lane and be consistent with past HPC review practices. Residents whose houses border Saratoga Avenue will not face the confusion of a perceived change in how Building and Planning Applications are reviewed, and they can continue to view their properties as being part of a Heritage Lane vs. being located adjacent to a Heritage Lane” (Attachment 6). The HPC explains that the Department of Parks and Recreation’s Building, Structure, and Object Record for Saratoga Avenue (DPR) (Attachment 7) states that the properties bordering Saratoga Avenue are “related features.” If the Council wishes to expand the scope of the HPC’s review authority as described above, City staff will work with the City Attorney’s office to develop suitable amendments to the City Code, including amendments to remove from the Code the provisions that further limit the scope of review for projects on Austin Way. Because the change would effectively expand the scope of the Heritage Lanes, staff would follow the procedures for establishment of a Heritage Lane or District to ensure that the Code amendment includes the same level of public process that would be involved in establishing a new Lane or Historic District allowing for the affected property owners to voice their objection. Those procedures are listed in City Code section 13-15.070 (Attachment 8). Heritage Resource Inventory Attachments Attachment 1 – Ordinance No. 66 Attachment 2 – Resolution HP-88-01 Heritage Lanes Attachments Attachment 3 – Diagram of Saratoga Avenue Heritage Lane and adjoining properties Attachment 4 – Diagram of Austin Way Heritage Lane and adjoining properties Attachment 5 – Memo from Assistant City Attorney dated August 9, 2018 Attachment 6 – Memo from HPC dated February 4, 2019 Attachment 7 – Saratoga Avenue DPR Attachment 8 – Section 13-15.070 of the City Code 1189684.4 110 410,111 1 ORDINANCE NO. 66 AN ORDINANCE CREATING A HERITAGE PRESERVATION COMMISSION AND ESTABLISHING PROCEDURES FOR THE DESIGNATION, CONSERVATION AND CONTROL OF HERITAGE RESOURCES WITHIN THE CITY OF SARATOGA Section 1. Purpose. It is hereby declared as a matter of public policy that . the recognition, preservation, enhancement and use of heritage resources within the City of Saratoga is required in the interest of the health, economic prosperity, cultural enrichment and general welfare of the people. The purpose of this Ordinance is to: a) Safeguard the heritage of the City by providing for the protection of irreplaceable heritage resources represent- ing significant elements of its history; b) Enhance the visual character of the City by encouraging and regulating the compatibility of architectural styles within historic areas which reflect established architectural traditions; c) Encourage public knowledge, understanding and . appreciation of the City's past and foster civic and neighborhood pride and sense of, identity based upon the recognition and use of the City's heritage resources; d) Stabilize and improve property values within the City and increase the economic and financial benefits to the City and its inhabitants derived from the preservation, rehabilitation and use of heritage resources; e) Integrate the .conservation of heritage resources into the public and private development process and identify as early as possible and resolve conflicts between the preservation of such resources and alternative land uses. 1- Attachment 1 111 i 411 0 Section 2. Definitions. Certain words and phrases used in this Ordinance shall be defined as follows: a) "Alteration" means any exterior change or modifica- tion of a designated historical landmark or any property within a designated heritage lane or historic district including, but not limited to, exterior changes to or modifica- tions of structure, architectural details or visual character- istics, grading, surface paving, the addition of new structures, removal or alteration of natural features, disturbance of archeological sites or areas, and the placement or removal of any exterior objects such as signs , plaques , light fixtures, walls, fences, steps or gates affecting the exterior visual qualities of the property, but shall not include painting, landscaping and ordinary maintenance. b) "Heritage Commission" means the Historical Preserva- tion Commission established pursuant to this Ordinance and Commissioner" means a member of the Heritage Commission. c) "Heritage resource" means any public or private property designated by the City, pursuant to this Ordinance, as having special historical, cultural, archeological, scientific, architectural or aesthetic significance, interest or value as part of the heritage or history of the City of Saratoga, the County of Santa Clara, the State of California or the nation. d) "Designated historic landmark" means a building, improvement, structure, natural feature, site or area of land under single or common ownership, designated as a heritage resource pursuant to this Ordinance. e) "Designated heritage lane" means a street, road, avenue, boulevard, pathway or trail designated as a heritage 2- 112 Ai. 411 110 4IP resource pursuant to this Ordinance. f) "Designated historic district" means a distinct section of the City, specifically defined in terms of geographic boundaries, designated as a heritage resource pursuant to this Ordinance. g) "Improvement" means any building, structure, parking facility, fence, gate, wall, work of art or other appurtenance or addition thereto constituting a physical betterment of real property, or any part of such betterment. h) "Exterior architectural feature" means the architec- tural elements embodying style, design,. general arrangement and components of all the outer surfaces of an improvement, including but not limited to, the kind and texture of building materials and the type and style of all windows, doors, lights, signs and other fixtures appurtenant to such improvement. Section 3. Heritage Preservation Commission. a) Creation of Commission. There is hereby estab- lished a Heritage Preservation Commission consisting of five unpaid members who shall be residents of the City of Saratoga and appointed by the Saratoga City Council, with the follow- ing qualifications: 1) One member from the Saratoga Planning Commission; 2) One member who shall have been a candidate nominated by the Saratoga Historical Foundation; 3) One member who, by reason of training and experience, is knowledgeable in the field of construc- tion and structural rehabilitation, such as - a licensed architect, engineer , contractor or urban planner ; 4) Two members appointed at large having demon- strable interest in preservation of the heritage resources within the City of Saratoga. 3- 113 4110 1110 b) Term. The original appointment of Commissioners shall be as follows: one for two years; two for three years; and two for four years. Thereafter , appointments shall be made for a four-year term. No Commissioner shall serve more than two consecutive terms. c) Vacancy and Removal. 1) In the event of a vacancy occurring during the term of a Commissioner , the City Council shall make an interim appointment to fill the unexpired term of such Commissioner , and where such Commissioner is required to have special qualifications , such vacancy shall be filled by interim appointment, in the manner herein prescribed, with a person having such qualifications. 2) A Commissioner who ceases to be a resident of the City of Saratoga shall automatically be removed and shall be so notifed by the Chairman of the Commission. The Chairman shall then request the City Council to fill the vacancy. Any Commissioner may be removed at any time upon the affirmative vote of at least four members of the City Council. d) Organization. 1) The Commission shall elect annually, on or before January 31st, one of its members to serve in the office of Chairman, and may elect such other officers from among its members as it deems necessary or desirable. Should a mid-year vacancy in any office occur , the Commission shall elect a replacement officer at the next regular or noticed special meeting to serve until the next annual election of officers. 2) The Director of Community Development or his designee (referred to herein as "Commission Staff") 4- 114 i 1 i,. 4101_1 . shall act as secretary for the Heritage Commission, shall be the custodian of its records, shall conduct official correspondence and shall generally supervise the clerical and technical work performed at the request or on behalf of the Heritage Commission. 3) The Heritage Commission shall meet quarterly, or more frequently upon call of the Chairman or Commis- sion Staff, as necessary. All meetings shall be open to the public and a public record shall be kept of all Commission proceedings and actions. A majority of Commissioners shall constitute a quorum, with the Chairman having a vote. The Heritage Commission shall prescribe rules and regulations for the conduct of its business, thereafter having the powers and authority to perform the duties hereinafter enumerated. Section 4. Powers and Duties of Heritage Commission. The Heritage Commission shall be advisory only to the City Council, the Planning Commission and the agencies and depart- ments of the City, and shall establish liaison and work in conjunc- tion with such authorities to implement the purposes of this Ordinance. The Heritage Commission shall have the following powers and duties: a) Conduct, or cause to be conducted, a comprehensive survey of properties within the boundaries of the City of Saratoga for the purpose of establishing an official inventory of heritage resources. The inventory shall be publicized and periodically updated, and a copy thereof shall be kept on file in the Community Development Department. b) Recommend to the City Council specific proposals for designation as a historic landmark, heritage lane or historic district. 5- 115 c) Recommend to the appropriate city agencies or departments projects and action programs for the recognition, conservation, enhancement and use of the City' s heritage resources, including standards to be followed with respect to any applications for permits to construct, change, alter , remodel, remove or otherwise affect such resources. d) Review and comment upon existing or proposed ordinances, plans or policies of the City as they relate to heritage resources. e) Review and comment upon all applications for building, demolition, grading or tree removal permits involv- ing work to be performed upon or within a designated historic landmark, heritage lane or historic district, and all applica- tions for tentative map approval, rezoning, building site approval, use permit, variance approval, design review or other approval pertaining to or significantly affecting any heritage resource. The Commission's comments shall be forwarded to the City agency or department processing the application within thirty (30) days after receiving the request for such comments. f) Investigate and report to the City Council on the availability of federal, state, county, local or private funding sources or programs for the rehabilitation and preservation of heritagea resources.9 g) Cooperate with county, state and federal govern- ments and with private organizations in the pursuit of the objectives of heritage conservation. h) Upon the request of a property owner or occupant and at the discretion of the Heritage Commission, render advice and guidance on the conservation, rehabilitation, alteration, decoration, landscaping or maintenance of any 6- 116 4„Am 41111 410Im. heritage resource. Such voluntary advice and guidance shall not impose any regulation or control over any property. i) Participate in, promote and conduct public informa- tion and educational programs pertaining to heritage resources. j) Perform such other functions as may be delegated to it by resolution or motion of the City Council. Section 5. Criteria for Designation as a Heritage Resource. The Heritage Commission may recommend to the City Council designation of a proposal as a heritage resource if it satisfies any one or more of the following criteria: a) It exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history of the City, the county, the state or the nation; or b) It is identified with persons or events significant in local, county, state or national history; or c) It embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials or craftmanship; or d) It is representative of the notable design or craft of a builder , designer, or architect; or e) It embodies or contributes to unique physical characteristics representing an established and familiar visual feature of a neighborhood or district within the City; or f) It represents a significant concentration or continuity of site, buildings, structures or objects, unified by past events or aesthetically by plan or physical or natural development; or g) It embodies or contributes to a unique natural 7- 117 4111 411 S setting or environment constituting a distinct area or district within the City having special character or special historical, architectural or aesthetic interest or value. Section 6. Procedure for Designation of a Heritage Resource. The procedure for designation as a heritage resource shall be as follows: a) Applications for Designation. Applications for designation as a heritage resource may be submitted to the heritage Commission by any of the following: 1) The owner or owners of a building, improve- ment, structure, natural feature, site or area of land, requesting designation of their property as a historic landmark. 2) The owners of at least sixty percent (60%) of all recorded lots abutting a street, road, avenue, boulevard, pathway or trail, or portion thereof, requesting designation as a heritage lane. 3) The owners of at least sixty percent (60%) of all recorded lots within a specific geographic section of the city, requesting designation of the entire section as a historic district. Applications for designation as a heritage lane or historic district shall be accompanied by a filing fee to cover the administrative cost of handling the designation proceedings. The City Council or the. Planning Commission may also, by resolution or motion, refer a proposed designation to the Heritage Commission for its recommendation and the Heritage Commission may consider a proposed designation upon its own initiative. b) Study of Proposal. The Heritage Commission shall conduct a study of the proposed designation, based upon 8- 118 411 such information or documentation as it may require from the applicant, the Commission Staff, or from other available sources. Public hearings shall not be required, but the Commission may, in its discretion, receive written or verbal comments from any persons having an interest in the proposal or any information relevant thereto. c) Objections to Proposals. In the event designation of a heritage resource is proposed by the City Council or Planning Commission or considered by the Heritage Commission upon its own initiative, and in the further event the Heritage Commission, as a result of its study of the proposal, deter- mines that the proposal should be recommended to the City Council for designation as a heritage resource, the Heritage Commission shall mail written notice of its intended recommen- dation to each person whose name appears on the latest adopted tax roll of Santa Clara County as owning the property, or any portion thereof, which is the subject of the proposed designation. Such written notice shall contain a complete description of the proposed designation and shall advise the property owners that written objections to the proposal may be filed with the Heritage Commission within forty-five (45) days from the date of the notice. If objections are filed by the owner of any property proposed to be designated as a historic landmark, or by the owners of at least forty-one percent (41%) of all recorded lots abutting a proposed heritage lane, or by the owners of at least forty-one percent (41%) of all recorded lots within a proposed historic district, the Heritage Commission shall discontinue any further consideration of the proposal. Such proposal may not again be considered for designation as a heritage resource for at least twelve (12) months after the 9- 119 1 4 \411 MP 110 ilk date of mailing the notice to the property owners unless, prior to the expiration of such twelve month period: 1) The owner or owners of a proposed historic landmark withdraw their objection; or 2) A sufficient number of owners of recorded lots abutting a proposed heritage lane or recorded lots within a proposed historic district withdraw their objections so as to reduce the total percentage of objectors to less than forty-one percent (41%) ; or 3) In the case of a proposed heritage lane or historic district, the Heritage Commission decides to modify the proposal by reducing the size or boundaries thereof so as to reduce the total percentage of objectors to less than forty-one percent (41%) . d) Recommendation by Heritage Commission. Provided the Heritage Commission is not required to discontinue consideration of a proposal by reason of objections raised pursuant to subparagraph 6 (c) above, the Heritage Commission shall render a written report within a reasonable time accompanied by all of the information and documentation reviewed by the Heritage Commission. The report shall either recommend the designation as originally proposed, recommend a modified designation or recommend that the proposed designa- tion be rejected. The report shall set forth in detail the reasons for the Heritage Commission's decision and the information and documentation relied upon in support thereof. A copy of the report shall be sent to the property owner or owners. e) Designation of a Historic Landmark. 1) The report and recommendations of the Heritage Commission on a proposed historic landmark, together 10- 120 7-, with the information and documentation pertaining thereto, shall be forwarded to the City Council. The City Council shall consider the report at its next available regular meeting and determine whether or not to accept the Heritage Commission's recommendations. The City Council shall by ordinance either approve the proposed designation, in whole or in part or as modi- fied, or shall by motion disapprove the proposal in its entirety. 2) In the event a designating ordinance is adopted by the City Council, such ordinance shall become effective thirty (30) days following adoption thereof and the designated property shall thereafter be subject to the regulations set forth in this Ordinance and such further restrictions or controls as may be specified in the designating ordinance. 3) Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the City, the County, the state or the nation, and satisfies one or more of the criteria set forth in Section 5 of this Ordinance. f) Designation of a Heritage Lane or Historic District. 1) The report and recommendations of the Heritage Commission on a proposed heritage lane or historic district, together with the information and documenta- tion pertaining thereto, shall be forwarded to the Planning Commission. 2) The Planning Commission shall conduct a public 11- 121 hearing on the proposed designation within sixty (60) days after receipt of the Heritage Commission's report. Notice of the public hearing shall be given in the manner provided in subparagraph (g) of this Section 6. 3) The Planning Commission shall either recommend approval of the designation as originally proposed, or approval of the designation as modified by the Heritage Commission or the Planning Commission or both, or recommend that the proposed designation be rejected. If the Planning Commission recommends approval or modified approval of the designation, it shall instruct the Commission Staff to prepare and shall approve a proposed form of ordinance for adoption by the City Council designating the heritage lane or historic district and establishing a zoning overlay for such lane or district. The proposed ordinance may include such regulations or controls over the designated property as the Planning Commission deems reasonably. necessary for the conserva- tion, enhancement and preservation thereof. 4) The recommendations of the Planning Commission, together with the report and recommendations of the Heritage Commission and the information and documenta- tion pertaining thereto, and the proposed ordinance, if any, shall be transmitted to the City Council and considered at its next available regular meeting. 5) If the City Council determines that the proposed heritage lane or historic district should be considered for designation as a heritage resource, it shall adopt a resolution initiating final designation proceedings. Such resolution shall schedule a public hearing on the proposed designation to be conducted 12- 122 within sixty (60) days. Notice of the public hearing shall be given in the manner provided in subparagraph g) of this Section 6. The resolution may further provide that during the pendency of the final desig- nation proceedings, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be performed upon or within the property which is the subject of the proposed designation, or may be issued only upon specified conditions or under specified circumstances. 6) At the conclusion of the public hearing, but in no event later than sixty (60) days from the date set in the resoltion for the initial public hearing, the City Council shall either adopt an ordinance designating the heritage lane or historic district, in whole or in part or as modified, or shall by motion disapprove the proposal in its entirety. 7) In the event a designating ordinance is adopted by the City Council, such ordinance shall become effective thirty (30) days following adoption thereof and the designated property shall therafter be subject to the regulations set forth in this ordinance and such further regulations or controls as may be specified in the designating ordinance. 8) Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the city, the county, the state or the nation, and satisfies one or more of the criteria set forth in 13- 123 111 se Section 5 of this Ordinance. g) Notice of Public Hearings. Notice of the time, place and purpose of public hearings conducted by the City Council and the Planning Commission pursuant to this Ordinance shall be given not less than ten (10) days nor more than thirty (30) days prior to the date of the hearing by mailing such notice as follows: 1) In the case of a proposed Heritage lane, notice shall be sent to all persons whose names appear on the latest adopted tax roll of Santa Clara County as owning any property abutting the proposed heritage lane. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City of Saratoga not later than ten (10) days prior to the date of the hearing. 2) In the case of a proposed historic district, notice shall be mailed to all persons shown on the latest adopted tax roll of Santa Clara County as owning any property within the boundaries of the proposed district. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City of Saratoga not later than ten (10) days prior to the date of the hearing. Failure to send any notice by mail to any property owner whose name or address is not a matter of public record shall not invalidate any proceedings in connection with a proposed designation. The City Council or Planning Commission may, but shall not be obligated, to give such other notices as they deem appropriate or desirable. h) Notice of Designation. Following adoption by the City Council of an ordinance designating a heritage resource, 14- 124 i the Commission Staff shall send notice of the designation, together with a copy of the ordinance, to the owner or owners of the designated historic landmark, or the owners of all property abutting a designated heritage lane, or the owners of all property within a designated historic district. The notice shall inform such owners that the designated property will be added to the Saratoga Inventory of Designated Heritage Resources and may be eligible for certain privileges and benefits under local, state or federal law. The notice shall include a statement of the regulations and restrictions upon the designated property. The Commission Staff shall also send notice of the designation to: 1) The Heritage Commission; 2) The Planning Commission; 3) Any agency or department of the City request- ing such notice or affected by the designation; 4) The Saratoga Historical Foundation; 5) The Santa Clara County Historical Heritage Commission; 6) The California State Historic Preservation Officer; and 7) The Saratoga News. Notice of the designation as a heritage resource and the complete legal description of the designated property shall be recorded in the Office of the Recorder for Santa Clara County, California. Section 7. Termination of Designation. a) The. owner or owners of a designated historic landmark, or the owners of not less than sixty percent (60%) of all recorded lots abutting a designated heritage lane, or the owners of not less than sixty percent (60%) of all 15- 125 411 recorded lots within a designated historic district, may apply to the Heritage Commission for termination of the designation as a heritage resource. The application shall set forth in detail the grounds for termination and shall be accompanied by a filing fee to cover the administrative cost of handling the termination proceedings. b) The same procedures, notices and hearings shall apply to the termination proceedings as set forth in Section 6, subparagraphs (b) , (d) , (e) , (f) and (g) of this Ordinance. c) A designation may be terminated only upon a finding by the City Council that as a result of change in circum- stances, the designation is no longer consistent with the purposes and objectives of this Ordinance and no longer satisfies any of the criteria set forth in Section 5 of this Ordinance. d) Upon termination of a designation, notices shall be sent to the same persons, commissions and agencies as set forth in Section 6, subparagraph (h) , and a Notice of Termina- tion shall also be recorded in the office of the Recorder for Santa Clara County, California. Section 8 . Issuance of Permits. It is unlawful for any person to alter, demolish, remove, relocate or otherwise change any exterior architectural feature or natural feature of a designated heritage resource, or to construct, alter , demolish, remove or relocate any building,. improvement or other structure within a designated landmark area, heritage lane or historic district, or to place, erect, alter or relocate any sign upon or within a designated historic landmark, heritage lane or historic district, without first obtaining a written permit to do so in the manner.< provided in `Section :9 of this Ordinance. 16- 126 111 411 Ilk Section 9. Permit Procedure. The following procedures shall be followed in processing applications for permits required to be obtained under Section 8 of this Ordinance: a) Applications. Applications for permits , on forms prescribed by the Heritage Commission, shall be submitted to the Saratoga Community Development Department, which shall forward the application to the Heritage Commission for review and comment. The application shall be accompanied by a filing fee to cover the administrative cost of handling the permit request. b) Supporting Data. The application shall include the following data: 1) Documentation establishing ownership of the designated property by the applicant for the permit; 2) A clear statement of the proposed work; 3) A site plan showing all existing buildings, structures, trees over twelve inches in diameter , property lines, easements and the proposed work; 4) Plans showing the exterior elevations , mate- rials and grading of the proposed work; 5) Where the application is for demolition, a detailed statement of the necessity for demolition together with photographs of the structure to be demolished; 6) Such other information or documents as may be requested by the Heritage Commission. c) Heritage Commission Action. The Heritage Commission shall complete its review and issue a recommendation to the Community Development Department within thirty (30) days after receipt of the application, filing fee and all supporting 17- 127 r 410 111 data. Unless legally required, there shall be no notice, posting or publication requirements for action on the applica- tion, but all decisions shall be made at regular or noticed special meetings of the Heritage Commission. The Heritage Commission' s recommendation shall be in writing and shall state the reasons relied upon in support thereof. Upon receipt of the Heritage Commission's recommendations , the Community Development Department shall forward a copy thereof to the applicant. d) Issuance of Permit. If the Heritage Commission recommends issuance of the permit requested in the applica- tion, or issuance of such permit subject to conditions, the Director of Community Development shall proceed to issue the permit in accordance with the recommendation after the expiration of fifteen (15) days from the date the recommenda- tion is delivered to the Community Development Department, provided that no appeal has been filed during such time. In the event the Heritage Commission recommends denial of the application, the Director of Community Development shall notify the applicant that the requested permit will not be granted. e) Appeal. Any recommendations issued by the Heritage Commission with respect to the granting or denial of a permit may be appealed by the applicant or any interested person to the Planning Commission. The appeal shall be taken by filing with the Community Development Department a written notice thereof within fifteen (15) days from the date the Heritage Commission delivers its recommendation to the Community Development Department. The notice of appeal shall be signed by the appellant and shall set forth all of the grounds for the appeal, together with a filing fee to cover the adminis- trative cost of handling the appeal. Upon receipt of the 18-128 i S 411 notice of appeal and filing fee, the Secretary of the Plan- ning Commission shall set the appeal for hearing at the next available regular meeting of the Planning Commission that falls not less than fifteen (15) days after the date of filing the notice of appeal. The Planning Commission shall conduct a hearing de novo on the appeal and may adopt, reject or modify the recommendations of the Heritage Commission. The decision of the Planning Commission may be further appealed to the City Council by either the applicant or any interested person. The appeal shall be taken by filing with the City Clerk a written notice thereof within fifteen (15) days from the date the Planning Commission renders its decision. The notice of appeal shall be signed by the appellant and shall set forth all of the grounds for the appeal, together with a filing fee to cover the adminis- trative cost of handling the appeal. The appeal shall be set for hearing at the next available regular meeting of the City Council that falls not less than fifteen (15) days after the date of filing the notice of appeal. The City Council may conduct a hearing de novo on the appeal and may affirm, reverse or modify the decision of the Planning Commission. f) Permit Criteria. The Director of Community Develop- ment, on the recommendation of the Heritage Commission, or the Planning Commission or City Council on appeal, shall authorize issuance of a permit, or a conditional permit, if and only if, it is determined that: 1) The proposed work is consistent with the purposes and objectives of this Ordinance; or 2) In the case of any property located within a designated landmark area, heritage lane or historic district, the proposed work does not adversely affect 19- 129 410410 110 411, the character of such area, lane or district; or 3) In the case of construction of a new building, structure or other improvement upon a designated landmark area, heritage lane or historic district, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of existing buildings, structures and improvements located within the designated area, lane or district. g) Hardship. Notwithstanding subparagraph (f) of this Section 9, the Director of Community Development, on the recommendation of the Heritage Commission, or the Planning Commission or City Council on appeal, may approve an applica- tion for a permit to conduct any proposed work upon or within a designated heritage resource, if the applicant presents clear and convincing evidence demonstrating that a disapproval of the application will work immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work or because of conditions peculiar to the particular improvement, building, structure', topography or other feature involved. If a hardship is found to exist under this Section, the Heritage Commission or the Planning Commission or City Council shall make a written finding to that effect, and shall specify the facts and reasons relied upon in making such finding. Section 10. Fees. The City Council shall by resolution adopt a schedule of fees to be charged for the filing and processing of applications for designation as a heritage lane or historic district, applica- tions for termination of designation, applications for any permit required under Section 8 of this Ordinance, and appeals to the Planning Commission and City Council pursuant to subparagraph 9 (e) 20- 130 IIP 110 40, of this Ordinance. Section 11. Ordinary Maintenance and Repair . Nothing in this Ordinance shall be construed to prevent the ordinary maintenance, painting, landscaping or repair of any exterior feature in or upon any designated heritage resource that does not involve a change in design, material or the external appearance thereof, nor does this Ordinance prevent the construc- tion, reconstruction, alteration, restoration, demolition or removal of any such heritage resource which has been certified by the Saratoga Building Inspector, or Fire Chief, or Code Enforcement Officer as being in unsafe or dangerous condition which cannot be rectified through use of the California Historical Building Code. Section 12. Duty to Keep in Good Repair. The owner , occupant or the person in actual charge of a designated historic landmark or property located within a desig- nated heritage lane or historic district shall keep and maintain in good condition and repair all exterior portions thereof, all interior portions thereof when subject to special regulation or control as specified in the designating ordinance or permit,, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature or natural feature. Section 13. Enforcement. The Saratoga Community Development Department shall have authority to enforce the provisions of this Ordinance, and any other laws, rules or regulations of the City of Saratoga which govern or relate to the issuance of permits for work to be performed upon or within a heritage resource, by any or all of the following means: a) Serving notice upon the owner or occupant of a heritage resource requiring the correction or removal of any 21- 131 violation of this Ordinance; b) Authorizing and instructing the City Attorney to initiate appropriate legal proceedings against any person who violates this Ordinance, including actions for injunctive relief to restrain or enjoin such violation. c) Request enforcement assistance from the Santa Clara County Sheriff's Department and the Saratoga Code Enforcement Officer. Section 14. Severability. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason heldtiby a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council of the City of Saratoga hereby declares that it would have passed this Ordinance and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses or phrases may be held invalid or unconstitutional. 22_ 132 64,411 410 Fo The foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Saratoga held 4th Novemberonthedayof 1981, by the follow- ing vote: AYES, and in favor thereof, Councilmembers: Clevenger, Mallory, Watson, Mayor Callon NOES, Councilmembers: Jensen ABSENT, Councilmembers None re Mayor ATTEST: el 44 City Clerk 4, cTotireyT7,. .,f,ore,rioein.,Q is a true and correct livnich has been 2-3- Dalt- e 23- 133 Attachment 2 134 135 136 137 138 139 752.33 City of Saratoga 9,028 City of Saratoga GIS Services 1,504.7 1:WGS_1984_Web_Mercator_Auxiliary_Sphere Feet1,504.70 This map is based on GIS Information and reflects the most current information at the time of this printing. The map is intended for reference purposes only and the City and its staff is not responsible for errors. Scale: Attachment 3 140 376.17 City of Saratoga 4,514 City of Saratoga GIS Services 752.3 1:WGS_1984_Web_Mercator_Auxiliary_Sphere Feet752.30 This map is based on GIS Information and reflects the most current information at the time of this printing. The map is intended for reference purposes only and the City and its staff is not responsible for errors. Scale: Attachment 4 141 Date: August 9, 2018 To: Heritage Preservation Commission and Community Development Director From: Wittwer Parkin LLP Assistant City Attorney By Pearl Kan Legal Analysis of Role of Heritage Preservation Commission regarding Heritage Lanes The City of Saratoga’s Heritage Preservation Commission (HPC) has requested that the Community Development Director obtain clarification regarding its role with regard to heritage lanes. In July 1991 the City Council of the City of Saratoga (City Council) adopted Ordinance No. HP-19 which established a portion of Saratoga Avenue as a heritage lane. Section 2 of Ordinance No. HP-19 provides that “The City will ensure the protection of the historic and rural character of the lane through future land use decisions and development controls.” In September 2002 the City Council adopted Ordinance No. 213, which designated Austin Way as a heritage lane. Ordinance No. 213 also established that “Notwithstanding the permit requirements established by Article 13-20 of the City Code, a permit shall be required pursuant to that article only to the following actions occurring on or within 10 feet of Austin Way: any paving, construction (such as fences, walls, or drainage) or removal or destruction of any protected tree as that term is defined in section 15-50.050 of the City Code.” In addition, City Code Section 15-29.070(a) authorizes the HPC to review permit applications for fences “which faces and is located within fifty feet from the right-of-way of a designated heritage lane, and which exceeds three feet in height.” While Section 15-29.070(a) authorizes HPC review of permit applications for fences located within fifty feet of a designated heritage lane, Ordinance No. 213 specifies that as to fences along Austin Way, such review is limited to fences occurring on or within 10 feet of Austin Way. The portion of Saratoga Avenue designated as a heritage lane pursuant to Ordinance No. HP-19 and Austin Way are the only heritage lanes established under the City’s Heritage Preservation Ordinance (Chapter 13 of the City Code). City Code Section 13-10.040(e) establishes the Powers and Duties of the HPC. The HPC has the authority to: Review and comment upon all applications for building, demolition, grading or tree removal permits involving work to be performed upon or within a designated historic landmark, heritage lane or historic district, and all applications for tentative map approval, rezoning, building site approval, use permit, variance approval, design review Attachment 5 142 Legal Analysis Regarding Heritage Preservation Commission and Heritage Lanes Heritage Preservation Commission and Community Development Director Page 2 or other approval pertaining to or significantly affecting any heritage resource. The Commission’s comments shall be forwarded to the City agency or department processing the application within thirty days after receiving the request for such comments. City Code Section 13-10.040(e) delineates two types of work. The first category of work includes “applications for building, demolition, grading or tree removal permits…” which can be categorized as “Building Applications.” The second category of work includes “all applications for tentative map approval, rezoning, building site approval, use permit, variance approval, design review…” which for ease of reference can be categorized as “Planning Applications.” The language concerning “upon or within” a heritage lane applies to Building Applications. With regard to this first category of work, HPC has purview over such applications as long as they involve work “upon or within” a heritage lane. By contrast, the City Code does not expressly limit the purview of the HPC’s review to “upon or within” a heritage lane for the second category of work, “Planning Applications.” The Code authorizes the HPC to review and comment on “all applications for tentative map approval, rezoning, building site approval, use permit, variance approval, design review or other approval pertaining to or significantly affecting any heritage resource.” (City Code Section 13- 10.040(e) (emphasis added).) For such applications, the HPC has the authority to review the impact of such Planning Applications pertaining to or significantly affecting a heritage lane (a type of heritage resource).1 To the extent a Planning Application pertains to or significantly affects a heritage lane, the City Code provides authority to the HPC to review and comment on such work. However, to the extent that the work falls under a Building Application, the HPC is authorized to comment on such application only if the work is “upon or within” a heritage lane. Rules of statutory interpretation warn against construing a statute or ordinance in a manner as to render deliberate word choices superfluous: “significance must be given to every word in pursuing the legislative purpose, and the court should avoid a construction that makes some words surplusage.” (Krupnick v. Duke Energy Morro Bay, LLC (2004) 115 Cal.App.4th 1026, 1029 (internal citations omitted).) This analysis which respects the limitations of review for Building Applications to work “upon or within” a heritage lane avoids the erroneous construction which would render those words mere surplusage. This analysis is also consistent with the rule of statutory interpretation which requires giving the words of an ordinance their plain, usual, ordinary, and commonsense meaning. (People v. Wright (2006) 40 Cal.4th 81, 92.) 1 “Heritage resource means any public or private property designated by the City, pursuant to this Chapter, as a historic landmark, heritage lane, or historic district, and those properties listed on the City’s Heritage Resource Inventory.” (City Code Section 13-05.020(h) (emphasis added).) 143 Legal Analysis Regarding Heritage Preservation Commission and Heritage Lanes Heritage Preservation Commission and Community Development Director Page 3 Generally, the City’s past practice has been consistent with the analysis above. December 2005 was the first instance wherein the HPC reviewed a Building Application for the demolition of a garage that was not located upon or within a heritage lane. From 2005-2017, there have been a few additional instances wherein the HPC reviewed a Building Application for work proposed outside of the heritage lane. Apart from these relatively isolated instances, the HPC historically has only reviewed Planning Applications along the heritage lane portion of Saratoga Avenue. The manner in which City Code Section 13.10-040(e) distinguishes between “Building Applications” and “Planning Applications” is also consistent with the language of Ordinance No. HP-19: “The City will ensure the protection of the historic and rural character of the lane through future land use decisions and development controls.” Work authorized under Planning Applications, such as design review, use permits, and variance approvals qualify as “future land use decisions and development controls” (as compared with work contemplated under Building Applications, such a reroofing or demolition). Such Planning Applications also have a higher likelihood of implicating the stated Ordinance purpose “to ensure the protection of the historic and rural character of the lane.” Based on the language of the 1991 Ordinance establishing a portion of Saratoga Avenue as a heritage lane, the City’s past practices, and the powers and duties of the HPC set forth under the City Code, the HPC has authority to review and comment on Building Applications as long as such applications concern work “upon or within” a heritage lane. With regard to Planning Applications, the HPC has the authority to review and comment on such work to the extent such work is “pertaining to or significantly affecting” any heritage lane. 144 1 Date: February 4, 2019 To: Saratoga City Council From: Heritage Preservation Commission Subject: Proposed amendment to the definition of a Heritage Lane In 2018, Saratoga City staff and the HPC conducted research on the history and definition of a Heritage Lane. As a result of this effort to clarify HPC’s role regarding Heritage Lanes, the HPC recommends that the definition of a Heritage Lane, under 13-05.020 – Definitions, be amended to include “and related features adjacent to the lane.” (Designated heritage lane means a street, road, avenue, boulevard, pathway or trail, and related features adjacent to the lane, designated as a heritage resource pursuant to this Chapter.) The 1981 ordinance that created the Heritage Preservation Commission included the concept of a Heritage Lane, as a way to “preserve the width and appearance of roads associated with Saratoga’s earlier development.” Records from City Council meetings held that year include concern regarding the “limited scope of ordinance with respect to Heritage Lanes” and that “Heritage Lanes were not adequately defined by the ordinance.” A July 26, 1991 memo to the City Council from then Planning Director Steve Emslie summarized the characteristics of the Saratoga Avenue Heritage Lane as “two traffic lanes lined by old trees and homes,” and further stated that “Measures such as maintenance of the street width and existing vegetation as well as preservation of historic homes may be addressed in the ordinance to preserve the historic street character.” The amendment to the Heritage Lane ordinance proposed by the HPC exemplifies the City’s commitment to preserving the historic character of a Heritage Lane, and is consistent with the DPR for the Saratoga Avenue Heritage Lane, which notes that “properties on both sides of the street” are “Related Features.” Heritage Preservation Commission powers and duties include “Review and comment upon all applications for building, demolition, grading or tree removal permits involving work to be performed upon or within a designated historic landmark, heritage lane or historic district, and all applications for tentative map approval, rezoning, building site approval, use permit, variance approval, design review or other approval pertaining to or significantly affecting any heritage resource.” Historically, the HPC and the Planning Department has taken this code to mean that the commission should review and provide recommendations regarding structures adjacent to the lane, since properties bordering the lane are “related features” and there are no buildings located on the road itself. A June 12, 2018 memo from Sandy Baily, Special Projects Manager for the City of Saratoga, noted “confusion and interpretation inconsistencies by City staff and the HPC regarding HPC’s role in reviewing work along the heritage lane portion of Saratoga Avenue,” and that “staff has determined that the City Code regulates HPC review for work done only within the public right- of-way of a heritage lane, not beyond the limits of the right-of-way.” Attachment 6 145 2 An August 18, 2018 memo from the City Attorney’s office notes that since 2005, the HPC has reviewed both Building Applications, as well as Planning Applications for development along the Saratoga Avenue Heritage Lane, although it has primarily approved Planning Applications. It is unknown if there were Building Applications along Saratoga Avenue that the HPC did not review. According to the City Attorney, “the HPC has authority to review and comment on Building Applications as long as such applications concern work “upon or within” a heritage lane. With regard to Planning Applications, the HPC has the authority to review and comment on such work to the extent such work is “pertaining to or significantly affecting” any heritage lane. The proposed amendment will clarify the definition of a Heritage Lane and be consistent with past HPC review practices. Residents whose houses border Saratoga Avenue will not face the confusion of a perceived change in how Building and Planning Applications are reviewed and they can continue to view their properties as being part of a Heritage Lane vs. being located adjacent to a Heritage Lane. 146 Mount Diablo State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION PRIMARY RECORD NRHP Status Code 4of Heritage Lane*Resource Name or # HP-19 P1. Other identifier: *P2. Location: Santa Clara County*a. County Cupertino*b. USGS 7.5' Quad 1980 Photorevised .8 S.T .1 W.R Saratoga Ave. (Fruitvale to Hwy. 9) c. Address:SaratogaCity 95070Zip 10S d. UTM:(give more than one for large and/or linear resources) Zone mE/mN Both side of Saratoga Avenue from Fruitvale Avenue to Highway 9 e.Other Locational Data: (e.g., parcel #, directions to resource, elevation, etc., as appropriate) (Assigned by recorder): and (P2b and P2c or P2d. Attach a location map as necessary.) ;; ; Heritage Lane was created in 1991. Recommended regulatory controls are 30 mph speed limit, no vehicles over two axles and no vehicles over 15 ft high, maintain trees and approval from Heritage Commission to remove trees. *P3a. Description: (Describe resource and its major elements, include design, material, condition, alterations, size, setting, and boundaries) HP2. Single family property*P3b. Resource Attributes: (List attributes and codes) Building Structure Object Site District Element of District Other (Isolates, etc.)*P4. Resources Present: None Location Map Sketch Map Continuation Sheet Building, Structure, and Object Record Archaeological Record District Record Linear Feature Record Milling Station Record Rock Art Record Artifact Record Photograph Record Other (List): *Attachments: Archives & Architecture: City of Saratoga Statement of Historic Context, 2009. *P11. Report Citation: (Cite survey report and other sources, or enter "none".) Aerial P5b.Description of Photo: (View, date, accession #) Historic Prehistoric Both *P6. Date Constructed/Age and Source: *P7. Owner and Address: Archives & Architecture, LLC PO Box 1332 San Jose, CA 95109 *P8. Recorded By: (Name, affiliation, and address) 10/26/09*P9. Date Recorded: Reconnaissance *P10. Survey Type: (Describe) * Required InformationDPR 523A (1/95) Not for Publication Unrestricted 1 MultipleAPN# B.M. F. Maggi, L. Dill, & J. Kusz Date Primary # HRI # Trinomial Other Listings Review Code Reviewer Date Page Attachment 7 147 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION BUILDING, STRUCTURE, AND OBJECT RECORD 5S3*NRHP/CRHR Status Code Heritage LaneResource Name (Assigned by recorder) 4of Saratoga Avenue (San Jose Avenue) B1. Historic Name: Saratoga Avenue B2. Common Name: County road B3. Original Use:City streetB4. Present Use: n/a*B5. Architectural Style: Established by the early 1850s initially connecting the town of Santa Clara and settlements in and near what is now known as Saratoga Village. *B6. Construction History: (Construction date, alterations, and date of alterations) No Yes Unknown*B7. Moved?n/aDate:n/aOriginal Location: Properties on both sides of the street. *B8. Related Features: n/a B9a. Architect:n/ab. Builder: Communication and Transportation*B10. Significance: Theme Fruitvale West & Triangle SouthArea: 1850 - 1956Period of Significance:ResidentialProperty Type:NoneApplicable Criteria: (Discuss importance in terms of historical or architectural context as defined by theme, period and geographic scope. Also address integrity.) Heritage Lane is listed on the Saratoga Heritage Resources Inventory, included as a part of HP-19. It qualified under Criteria a, e, f, and g: a) the property exemplifies and reflects special elements of the cultural, social, economic, aesthetic, and architectural history of Saratoga; e) the property embodies unique physical characteristics that represent an established and familiar visual feature of a neighborhood; f) the property represented a significant concentration or continuity of site or buildings unified by past development; and g) the property contributed to a unique natural setting constituting a distinct area having special character. Heritage Lane has not been assessed for eligibility to the California Register of Historical Resources as a district. (Continued on page 4, DPR523L) DPR 523B (1/95)*Required Information B11. Additional Resource Attributes: (list attributes and codes) *B12. References: Listed Heritage ResourceB13. Remarks: Franklin Maggi*B14. Evaluator: October 26, 2009*Date of Evaluation: (Sketch Map with north arrow required.) (This space reserved for official comments.) 2 None Primary # HRI # Page 148 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION LOCATION MAP 4of DPR 523J (1/95)*Required Information * Map Name:Multiple n.t.s.* Scale:Varies* Date of Map: Heritage Lane*Resource Name or #(Assigned by recorder)3 Primary # HRI # Trinomial Page 149 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET 4of DPR 523L (1/95)*Required Information * Recorded By F. Maggi, L. Dill, & J. Kusz Heritage Lane*Resource Name or #(Assigned by recorder) Continuation Update10/26/2009* Date Primary # HRI # Trinomial Page 4 150 State of California - The Resources Agency DEPARTMENT OF PARKS AND RECREATION CONTINUATION SHEET 4of DPR 523L (1/95)*Required Information * Recorded By F. Maggi, L. Dill, & J. Kusz Heritage Lane*Resource Name or #(Assigned by recorder) Continuation Update10/26/2009* Date Primary # HRI # Trinomial Page 4 151 9/23/2019 Saratoga, CA Code of Ordinances 1/5 (a) (b) (c) (d) (e) (f) (g) (a) (1) (2) (3) (b) Article 13-15 - DESIGNATION OF A HERITAGE RESOURCE Sections: 13-15.010 - Criteria. The Heritage Commission may recommend to the City Council designation of a proposal as a historic landmark, heritage lane or historic district if it satisfies any two or more of the criteria listed below and also retains a substantial degree of architectural and structural integrity with respect to the original design, as determined by the Heritage Commission. It exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history of the City, the County, the State or the nation; or It is identified with persons or events significant in local, county, state or national history; or It embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials; or It is representative of the notable design or craft of a builder, designer, or architect; or It embodies or contributes to unique physical characteristics representing an established and familiar visual feature of a neighborhood or district within the City; or It represents a significant concentration or continuity of site, buildings, structures or objects, unified by past events or aesthetically by plan or physical or natural development; or It embodies or contributes to a unique natural setting or environment constituting a distinct area or district within the City having special character or special historical, architectural or aesthetic interest or value. 13-15.020 - Applications. Applications for designation as a historic landmark, heritage lane or historic district may be submitted to the Heritage Commission by any of the following: The owner or owners of a building, improvement, structure, natural feature, site or area of land, requesting designation of their property as a historic landmark; The owners of at least sixty percent of the frontage of all recorded lots abutting a street, road, avenue, boulevard, pathway or trail, or portion thereof, requesting designation as a heritage lane; The owners of at least sixty percent of the area of all recorded lots within a specific geographic section of the City, requesting designation of the entire section as a historic district. The City Council or the Planning Commission may also, by resolution or motion, refer a proposed designation to the Heritage Commission for its recommendation and the Heritage Commission may consider a proposed designation upon its own initiative. 13-15.030 - Study of proposal. Attachment 8 152 9/23/2019 Saratoga, CA Code of Ordinances 2/5 (a) (b) (1) (2) (3) The Heritage Commission shall conduct a study of the proposed designation, based upon such information or documentation as it may require from the applicant, the Commission staff, or from other available sources. Public hearings shall not be required, but the Commission may, in its discretion, receive written or verbal comments from any persons having an interest in the proposal or any information relevant thereto. 13-15.040 - Objections to proposals. In the event designation of a historic landmark, heritage lane or historic district is proposed by the City Council or Planning Commission or considered by the Heritage Commission upon its own initiative, and in the futher event the Heritage Commission, as a result of its study of the proposal, determines that the proposal should be recommended to the City Council for designation, the Heritage Commission shall mail written notice of its intended recommendation to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is the subject of the proposed designation. Such written notice shall contain a complete description of the proposed designation and shall advise the property owners that written objections to the proposal may be filed with the Heritage Commission within forty-five days from the date of the notice. If objections are filed by the owner of any property proposed to be designated as a historic landmark, or by the owners of at least forty-one percent of the frontage of all recorded lots abutting a proposed heritage lane, or by the owners of at least forty-one percent of the area of all recorded lots within a proposed historic district, the Heritage Commission shall discontinue any further consideration of the proposal. Such proposal may not again be considered for designation for at least twelve months after the date of mailing the notice to the property owners unless, prior to the expiration of such twelve-month period: The owner or owners of a proposed historic landmark withdraw their objection; or A sufficient number of owners of recorded lots abutting a proposed heritage lane or recorded lots within a proposed historic district withdraw their objections so as to reduce the total percentage of objectors to less than forty-one percent; or In the case of a proposed heritage lane or historic district, the Heritage Commission decides to modify the proposal by reducing the size or boundaries thereof so as to reduce the total percentage of objectors to less than forty-one percent. 13-15.050 - Recommendation by Heritage Commission. Provided the Heritage Commission is not required to discontinue consideration of a proposal by reason of objections raised pursuant to Section 13-15.040, the Heritage Commission shall render a written report within a reasonable time accompanied by all of the information and documentation reviewed by the Heritage Commission. The report shall either recommend the designation as originally proposed, recommend a modified designation or recommend that the proposed designation be rejected. The report shall set forth in detail the reasons for the Heritage Commission's decision and the information and documentation relied upon in support thereof. A copy of the report shall be sent to the property owner or owners. 13-15.060 - Historic landmark. 153 9/23/2019 Saratoga, CA Code of Ordinances 3/5 (a) (b) (c) (d) (a) (b) (c) (d) (e) The report and recommendations of the Heritage Commission on a proposed historic landmark, together w information and documentation pertaining thereto, shall be forwarded to the City Council. The City Council consider the report at its next available regular meeting and determine whether or not to accept the Heritag Commission's recommendations. The City Council shall by ordinance either approve the proposed designat whole or in part or as modified, or shall by motion disapprove the proposal in its entirety. Until final action has been taken by the City Council on the proposed designation as a historic landmark, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be formed upon or within the property which is the subject of the proposed designation, unless approved by the Heritage Commission or the City Council. This restriction shall become effective as of the time the application for designation is filed, or upon the expiration of time for filing objections in response to the notice given pursuant to Subsection 13-15.040(a) of this Article, as the case may be. In the event a designating ordinance is adopted by the City Council, such ordinance shall become effective thirty days following adoption thereof and the designated property shall thereafter be subject to the regulations set forth in this Chapter and such further restrictions or controls as may be specified in the designating ordinance. Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the City, the County, the State or the nation, and satisfies one or more of the criteria set forth in Section 13-15.010. 13-15.070 - Heritage lane or historic district. Report to Planning Commission. The report and recommendations of the Heritage Commission on a proposed heritage lane or historic district, together with the information and documentation pertaining thereto, shall be forwarded to the Planning Commission. Public hearing; notice. The Planning Commission shall conduct a public hearing on the proposed designation within sixty days after receipt of the Heritage Commission's report. Notice of the public hearing shall be given in the manner provided in Section 13-15.080. Actions of Planning Commission. The Planning Commission shall either recommend approval of the designation as originally proposed, or approval of the designation as modified by the Heritage Commission or the Planning Commission or both, or recommend that the proposed designation be rejected. If the Planning Commission recommends approval or modified approval of the designation, it shall instruct the Commission staff to prepare and shall approve a proposed form of ordinance for adoption by the City Council designating the heritage lane or historic district and establishing a zoning overlay for such lane or district. The proposed ordinance may include such regulations or controls over the designated property as the Planning Commission deems reasonably necessary for the conservation, enhancement and preservation thereof. Transmittal of documents to City Council. The recommendations of the Planning Commission, together with the report and recommendations of the Heritage Commission and the information and documentation pertaining thereto, and the proposed ordinance, if any, shall be transmitted to the City Council and considered at its next available regular meeting. Actions of City Council. If the City Council determines that the proposed heritage lane or historic district should be considered for designation as a heritage resource, it shall adopt a resolution initiating final 154 9/23/2019 Saratoga, CA Code of Ordinances 4/5 (f) (g) (h) (a) (1) (2) (b) (a) designation proceedings. Such resolution shall schedule a public hearing on the proposed designation to be conducted within sixty days. Notice of the public hearing shall be given in the manner provided in Section 13-15.080. The resolution may further provide that during the pendency of the final designation proceedings, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be performed upon or within the property which is the subject of the proposed designation, or may be issued only upon specified conditions or under specified circumstances. Adoption or disapproval. At the conclusion of the public hearing, but in no event later than sixty days from the date set in the resolution for the initial public hearing, the City Council shall either adopt an ordinance designating the heritage lane or historic district, in whole or in part, or as modified, or shall by motion disapprove the proposal in its entirety. Effective date. In the event a designating ordinance is adopted by the City Council, such ordinance shall become effective thirty days following adoption thereof and the designated property shall thereafter be subject to the regulations set forth in this Chapter and such further regulations or controls as may be specified in the designating ordinance. Findings and criteria for adoption of ordinance. Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the City, the County, the State or the nation, and satisfies one or more of the criteria set forth in Section 13-15.010. 13-15.080 - Notice of public hearings. Notice of the time, place and purpose of public hearings conducted by the City Council and the Planning Commission pursuant to this Chapter shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing such notice as follows: In the case of a proposed heritage lane, notice shall be sent to all persons whose names appear on the latest available tax roll of the County as owning any property abutting the proposed heritage lane. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. In the case of a proposed historic district, notice shall be mailed to all persons shown on the latest available tax roll of the County as owning any property within the boundaries of the proposed district. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. Failure to send any notice by mail to any property owner whose name and address is not a matter of public record shall not invalidate any proceedings in connection with a proposed designation. The City Council or Planning Commission may, but shall not be obligated, to give such other notices as they deem appropriate or desirable. 13-15.090 - Notice of designation. Following adoption by the City Council of an ordinance designating a historic landmark, heritage lane or historic district, the Commission staff shall send notice of the designation, together with a copy of the ordinance, to the owner or owners of the designated historic landmark, or the owners of all property abutting a designated heritage lane, or the owners of all property within a designated historic district. 155 9/23/2019 Saratoga, CA Code of Ordinances 5/5 (1) (2) (3) (4) (5) (6) (7) (b) (a) (b) (c) (d) The notice shall inform such owners that the designated property will be added to the Saratoga Heritage Resource Inventory and may be eligible for certain privileges and benefits under local, state or federal law. The notice shall include a statement of the regulations and restrictions upon the designated property. The Commission staff shall also send notice of the designation to: The Heritage Commission. The Planning Commission. Any agency or department of the City requesting such notice or affected by the designation. The Saratoga Historical Foundation. The Santa Clara County Historical Heritage Commission. The California State Historic Preservation Officer. The Saratoga News. Notice of the designation and the complete legal description of the designated property shall be recorded in the office of the Recorder for the County. 13-15.100 - Termination of designation. The owner or owners of a designated historic landmark, or the owners of not less than sixty percent of the frontage of all recorded lots abutting a designated heritage lane, or the owners of not less than sixty percent of the area of all recorded lots within a designated historic district, may apply to the Heritage Commission for termination of the designation. The application shall contain a detailed description of all facts and circumstances relied upon by the applicant as reasons for termination. The same procedures, notices and hearings shall apply to the termination proceedings as set forth in Section 13-15.030 and Sections 13-15.050 through 13-15.080 of this Article. A designation may be terminated only upon a finding by the City Council that as a result of change in circumstances, the designation is no longer consistent with the purposes and objectives of this Chapter and no longer satisfies any of the criteria set forth in Section 13-15.010. Upon termination of a designation, notices shall be sent to the same persons, commissions and agencies as set forth in Section 13-15.090, and a notice of termination shall also be recorded in the office of the Recorder for the County. 156 Saratoga City Council Minutes ~ December 18, 2019 ~ Page 1 of 9 MINUTES WEDNESDAY, DECEMBER 18, 2019 SARATOGA CITY COUNCIL REGULAR MEETING At 5:45 p.m., the City Council held Commission Interviews in the Linda Callon Conference Room at 13777 Fruitvale Avenue in Saratoga. At 6:00 p.m., the City Council held a Study Session in the Linda Callon Conference Room at 13777 Fruitvale Avenue in Saratoga. Mayor Miller called the Regular Session to order in the Civic Theater, Council Chambers at 13777 Fruitvale Avenue in Saratoga at 7:00 p.m. and led the Pledge of Allegiance. ROLL CALL PRESENT: Mayor Howard A. Miller, Vice Mayor Mary-Lynne Bernald, Council Members Manny Cappello, Yan Zhao, Rishi Kumar. ABSENT: None ALSO PRESENT: James Lindsay, City Manager Richard Taylor, City Attorney Crystal Bothelio, Assistant City Manager Debbie Bretschneider, City Clerk John Cherbone, Public Works Director Debbie Pedro, Community Development Director Mary Fury, Administrative Services Director Lauren Pettipiece, Public Information Officer Kayla Nakamoto, Community Engagement Coordinator Nicole Johnson, Planner II Dennis Jaw, Finance Manager REPORT ON POSTING OF THE AGENDA City Clerk Debbie Bretschneider reported that the agenda for this meeting was properly posted on December 12, 2019. REPORT FROM STUDY SESSION Mayor Miller announced that the City Council held a Study Session on Council Goals for 2020. ORAL COMMUNICATIONS ON NON-AGENDIZED ITEMS Dory Albert spoke about the Gardner Park neighborhood watch and crime. Henry Coles spoke about speeding in Saratoga and speed calming. 157 Saratoga City Council Minutes ~ December 18, 2019 ~ Page 2 of 9 ANNOUNCEMENTS Mayor Miller announced that Saratoga City Hall is closed December 23 through January 1, that the renovation of the Community Development Lobby has moved the permit counter to the Warner Hutton House, VTA new service plan starting in 2020, Let’s Work Volunteer Day, Paint the City 2020, and Commission recruitments. CEREMONIAL ITEMS Appointment of Traffic Safety Commissioner & Oath of Office Recommended Action: Approve the resolution appointing three new members to the Traffic Safety Commission; and direct the City Clerk to administer the Oath of Office. RESOLUTION 19-064 BERNALD/ZHAO MOVED TO APPROVE THE RESOLUTION APPOINTING THREE NEW MEMBERS TO THE TRAFFIC SAFETY COMMISSION; AND DIRECT THE CITY CLERK TO ADMINISTER THE OATH OF OFFICE. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Commendation for Outgoing Heritage Preservation Commissioner Marilyn Marchetti Recommended Action: Present the commendation to Marilyn Marchetti, recognizing her service on the Heritage Preservation Commission. Mayor Miller and the City Council presented the commendation to Marilyn Marchetti. Commendation for Elva Maciel-Harris Recommended Action: Present the commendation to Elva Maciel-Harris Mayor Miller and the City Council presented the commendation to Elva Maciel-Harris. Commendation Recognizing the 40th Anniversary of Saratoga Area Senior Coordinating Council Recommended Action: Present the commendation recognizing the 40th anniversary of the Saratoga Area Senior Coordinating Council (SASCC). Mayor Miller and the City Council presented the commendation to the Saratoga Area Senior Coordinating Council (SASCC). 158 Saratoga City Council Minutes ~ December 18, 2019 ~ Page 3 of 9 Commendation Recognizing the 30th Anniversary of the Saratoga Amateur Radio Association Recommended Action: Present the commendation recognizing the 30th anniversary of the Saratoga Amateur Radio Association (SARA). Mayor Miller and the City Council presented the commendation to the Saratoga Amateur Radio Association (SARA). 1. CONSENT CALENDAR 1.1. City Council Meeting Minutes Recommended Action: Approve the City Council minutes for the Regular City Council Meeting on December 4, 2019. CAPPELLO/BERNALD MOVED TO APPROVE THE CITY COUNCIL MINUTES FOR THE REGULAR CITY COUNCIL MEETING DECEMBER 4, 2019. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: 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: 12/3/2019 Period 6; 12/10/2019 Period 6. CAPPELLO/BERNALD MOVED TO ACCEPT CHECK REGISTERS FOR THE FOLLOWING ACCOUNTS PAYABLE PAYMENT CYCLES: 12/3/2019 PERIOD 6; 12/10/2019 PERIOD 6. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.3. Annual Audit Reports Recommended Action: Review and accept the following annual audit reports for Fiscal Year 2018/19; A. Comprehensive Annual Financial Report (CAFR) B. Transportation Development Act Audit Report (MTC Grants) C. Single Audit Report D. Appropriation Limit Report (Gann, Fiscal Year 2019/20) E. SAS 114 Report F. SAS 112 Report G. State Controller’s Office Financial Transaction Report Summary CAPPELLO/BERNALD MOVED TO ACCEPT THE ANNUAL AUDIT REPORTS FOR FISCAL YEAR 2018/19: INCLUDING COMPREHENSIVE ANNUAL FINANCIAL REPORT (CAFR), TRANSPORTATION DEVELOPMENT ACT AUDIT REPORT (MTC GRANTS), SINGLE AUDIT REPORT, APPROPRIATION 159 Saratoga City Council Minutes ~ December 18, 2019 ~ Page 4 of 9 LIMIT REPORT (GANN, FISCAL YEAR 2019/20), SAS 114 REPORT, SAS 112 REPORT, AND STATE CONTROLLER’S OFFICE FINANCIAL TRANSACTION REPORT SUMMARY. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Mayor Miller spoke on this item. 1.4. AB1600 Development Impact Fee Report Recommended Action: Review and accept the annual AB1600 Development Impact Fee report for the year ended June 30, 2019. CAPPELLO/BERNALD MOVED TO ACCEPT THE ANNUAL AB1600 DEVELOPMENT IMPACT FEE REPORT FOR THE YEAR ENDED JUNE 30, 2019. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.5. Annual SB 165 Report Recommended Action: City Council to receive and file the (first) annual report on the Arrowhead Community Facility District (CFD) bond debt, in compliance with the Local Agency Special Tax and Bond Accountability Act. CAPPELLO/BERNALD MOVED TO RECEIVE AND FILE THE (FIRST) ANNUAL REPORT ON THE ARROWHEAD COMMUNITY FACILITY DISTRICT (CFD) BOND DEBT, IN COMPLIANCE WITH THE LOCAL AGENCY SPECIAL TAX AND BOND ACCOUNTABILITY ACT. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.6. Commission Qualifications and Terms Expiring in 2020 Recommended Action: Accept the list of Commission qualifications and terms expiring in the 2020 calendar year. CAPPELLO/BERNALD MOVED TO ACCEPT THE LIST OF COMMISSION QUALIFICATIONS AND TERMS EXPIRING IN THE 2020 CALENDAR YEAR. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 1.7. Acceptance of SB 2 Grant Award and Budget Adjustment. Recommended Action: 1. Accept the SB 2 Grant Award and approve the attached resolution for contract expenditure revisions and budget adjustments to the FY 2019/20 Operating & Capital Budgets; and 2. Authorize the City Manager to execute the Standard Agreement for fund distribution. 160 Saratoga City Council Minutes ~ December 18, 2019 ~ Page 5 of 9 RESOLUTION 19-065 CAPPELLO/BERNALD MOVED TO ACCEPT THE SB 2 GRANT AWARD AND APPROVE THE RESOLUTION FOR CONTRACT EXPENDITURE REVISIONS AND BUDGET ADJUSTMENTS TO THE FY 2019/20 OPERATING & CAPITAL BUDGETS; AND TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE STANDARD AGREEMENT FOR FUND DISTRIBUTION. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 2. PUBLIC HEARING None 3. GENERAL BUSINESS 3.1. Heritage Resource Inventory and Heritage Lanes Recommended Action: Staff recommends that the City Council receive the report and provide direction to staff. Nicole Johnson, Planner II, provided the staff report. Alexandra Nugent, Chair of Heritage Preservation Commission, provided comments. Mayor Miller invited public comment on this item. Marilyn Marchetti, former Heritage Preservation Commissioner, spoke. No one else requested to speak. BERNALD/CAPPELLO MOVED TO DIRECT STAFF TO PREPARE AN ORDINANCE WITH THESE ITEMS: A) REQUIRE PROPERTY OWNER CONSENT BEFORE ADDING THEIR PROPERTY TO THE SARATOGA HERITAGE RESOURCE INVENTORY, B) CLARIFY THAT THE HERITAGE LANE DESIGNATION APPLIES ONLY IN THE PUBLIC-RIGHT-OF- WAY AND INCLUDE A DEFINITION OF PUBLIC-RIGHT-OF-WAY FOR CLARITY IN ADMINISTERING THE ORDINANCE, C) ENSURE THAT THE HERITAGE PRESERVATION COMMISSION IS INCLUDED IN REVIEW PROCESS OF PLANNING APPLICATIONS WHEN STAFF DEEMS THE PROPERTY OF HISTORIC INTEREST; AND REQUESTS THESE WORKPLAN ITEMS: A) TO ASK THE HERITAGE PRESERVATION COMMISSION TO REACH OUT TO HERITAGE LANE PROPERTIES TO SEE IF THEY WANT TO BE ON THE HERITAGE INVENTORY LIST, AND B) TO INCLUDE HERITAGE LIST INFORMATION IN THE COMMUNITY OUTREACH PROGRAM. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE 161 Saratoga City Council Minutes ~ December 18, 2019 ~ Page 6 of 9 3.2. Community Event and Street Closure Grant Program Recommended Action: Provide direction on the following items for the Fiscal Year 2020/21 Community Event and Street Closure Grant Program: 1. Community Event Grant Program Secured Funding Recipients and Allocations 2. Community Event Grant Program Competitive Application Process Total Funding 3. Street Closure Grant Program Total Funding Kayla Nakamoto, Community Engagement Coordinator, provided the staff report. Crystal Bothelio, Assistant City Manager, answered questions. Mayor Miller invited public comment on this item. Lisa Oakley spoke No one else requested to speak. CAPPELLO/ZHAO MOVED TO: 1) ALLOCATE A TOTAL OF $41,000 FOR COMMUNITY EVENT GRANT PROGRAM SECURED FUNDING AND PROVIDE THE CHAMBER OF COMMERCE CLASSIC CAR SHOW WITH A SECURED FUNDING ALLOCATION OF $10,000 IN FISCAL YEAR 2020/21; 2) ALLOCATE $10,000 FOR THE COMMUNITY EVENT GRANT PROGRAM COMPETITIVE APPLICATION PROCESS IN FISCAL YEAR 2020/21; AND, 3) ALLOCATE $35,000 FOR THE STREET CLOSURE GRANT PROGRAM IN FISCAL YEAR 2020/21, INCLUDING $22,000 IN SECURED STREET CLOSURE GRANT FUNDS FOR THE CHAMBER OF COMMERCE CLASSIC CAR SHOW: AND TO MAKE NO CHANGES TO THE COMMUNITY EVENT GRANT PROGRAM POLICY. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.3. Ban on Sales of Electronic Cigarette & Vaping Devices Recommended Action: Receive report and direct staff accordingly. Crystal Bothelio, Assistant City Manager, provided the staff report. Mayor Miller invited public comment on this item. Don Chan spoke. No one else requested to speak. BERNALD/CAPPELLO MOVED TO DIRECT STAFF TO PREPARE AN ORDINANCE FOR CITY COUNCIL CONSIDERATION THAT WOULD AMEND TOBACCO RETAILER LICENSING REQUIREMENTS TO BAN THE SALE OF E- 162 Saratoga City Council Minutes ~ December 18, 2019 ~ Page 7 of 9 CIGARETTES AND VAPING PRODUCTS IN THE CITY OF SARATOGA AND AUTHORIZED STAFF TO SUBMIT A HEALTHY CITIES PROGRAM – TOBACCO-FREE COMMUNITIES FUNDING PROGRAM GRANT APPLICATION FOR ASSOCIATED COSTS. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.4. Adoption of City Council Assignments Recommended Action: Approve the resolution adopting the 2020 City Council assignments. Debbie Bretschneider, City Clerk, provided the staff report. Mayor Miller invited public comment on this item. No one requested to speak. RESOLUTION 19-066 CAPPELLO/ZHAO MOVED TO APPROVE THE RESOLUTION ADOPTING THE 2020 CITY COUNCIL ASSIGNMENTS. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 3.5. Amendment to City Manager Employment Agreement and Compensation and Benefits Recommended Action: Approve amended employment agreement for the City Manager. Richard Taylor, City Attorney, provided the staff report. Mayor Miller invited public comment on this item. No one requested to speak. RESOLUTION 19-067 CAPPELLO/BERNALD MOVED TO APPROVE AMENDED EMPLOYMENT AGREEMENT FOR THE CITY MANAGER. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. 163 Saratoga City Council Minutes ~ December 18, 2019 ~ Page 8 of 9 COUNCIL ASSIGNMENTS Mayor Howard Miller Silicon Valley Clean Energy Authority Board of Directors – the Board is pondering their position on the PG&E bankruptcy. Valley Transportation Authority Board – the VTA Board has new leadership, also received reports that BART has delayed for openings in San Jose, and on the New Next Network. Vice Mayor Mary-Lynne Bernald Santa Clara/Santa Cruz Airport/Community Roundtable – the Board is meeting tomorrow and will be working on a strategic plan Council Member Yan Zhao Saratoga Chamber of Commerce & Destination Saratoga – the Chamber’s Gala has moved to March 2020. Council Member Manny Cappello Cities Association of Santa Clara County Board of Directors – the Cities Association held their holiday event at Saratoga Foothill Club. Saratoga Area Senior Coordinating Council (SASCC) – SASCC held a 40th anniversary event. West Valley Sanitation District – the meeting was last week and there is nothing to report. Council Member Rishi Kumar No meetings. CITY COUNCIL ITEMS Council Member Cappello had previously nominated a CIP project to add acoustic tiles to the Senior Center. After some preliminary research, it has been discovered that this project may not need a CIP project. The request is for a staff report on the costs involved and to request other funding. Mayor Miller supports the request. Mayor Miller, with support from Council Member Cappello, asked staff to give a report on the California minimum wage law and what other Cities have passed. Mayor Miller asked for the Traffic Safety Commission to look at Saratoga’s road classifications. City Manager Lindsay responded that the Traffic Safety Commission is discussing this subject at their January 2020 meeting. Mayor Miller rescinded his request. COUNCIL COMMUNICATIONS None 164 Saratoga City Council Minutes ~ December 18, 2019 ~ Page 9 of 9 CITY MANAGER'S REPORT City Manager Lindsay thanked the Council. ADJOURNMENT BERNALD/CAPPELLO MOVED TO ADJOURN THE MEETING AT 9:47 P.M. MOTION PASSED. AYES: MILLER, BERNALD, ZHAO, CAPPELLO, KUMAR. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE. Minutes respectfully submitted: Debbie Bretschneider, City Clerk City of Saratoga 165 Page 1 of 1 MEMORANDUM MEETING DATE: April 12, 2022 TO: Heritage Preservation Commission (HPC) FROM: Nicole Johnson, Senior Planner SUBJECT: Item 8a-Heritage Preservation Ordinance update APPLICATION: ZOA21-0004 Background: At the January 12, 2022 HPC meeting, the HPC agreed to forward the Heritage Preservation and staff recommendations to the City Council for consideration. Staff is preparing to place this item on an upcoming City Council agenda and wanted to confirm with the HPC that they wish to proceed with their recommendations even though the HPC recommendations and staff recommendations differ. I have included a comparison chart with the existing code sections, HPC proposal, and Staff recommendations for refence. Attachments: 1.Comparison chart 2.Memo with attachments from January 12, 2022 HPC meeting 166 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. Code Section Existing Code Text HPC Recommendation Staff Recommendation 13-05.020 (a) Alteration means any exterior change or modification of a designated historical landmark or any property within a designated heritage lane or historic district including, but not limited to, exterior changes to or modifications of structure, architectural details or visual characteristics, grading, surface paving, the addition of new structures, removal or alteration of natural features, disturbance of archeological sites or areas, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, walls, fences, steps or gates affecting the exterior visual qualities of the property, but does not include painting, landscaping and ordinary maintenance. None Alteration means any exterior change or modification of a designated historical landmark, heritage resource, or any property within a designated heritage lane or historic district including, but not limited to, exterior changes to or modifications of structure, architectural details or visual characteristics, grading, surface paving, the addition of new structures, removal or alteration of natural features, disturbance of archeological sites or areas, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, walls, fences, steps or gates affecting the exterior visual qualities of the property, but does not include painting, landscaping and ordinary maintenance. 13-05.020 (b) Designated heritage lane means a street, road, avenue, boulevard, pathway or trail designated as a heritage resource pursuant to this Chapter. Designated b Heritage lane means a public right-of-way such as a street, road, avenue, boulevard, pathway or trail that has been designated as a heritage resource pursuant to this Chapter and includes properties abutting any such public right-of- way. Designated h Heritage lane means a public right- of-way such as a street, road, avenue, boulevard, pathway or trail that has been designated as a heritage resource pursuant to this Chapter and excludes; it does not include properties abutting any such public right-of-way designated as a. 13-05.020 (c) Designated historic district means a distinct section of the City, specifically defined in terms of geographic boundaries, designated as a heritage resource pursuant to this Chapter. Designated h Historic district means a building, improvement, structure, natural feature, site or area of land under single or common ownership, designated as a heritage resource pursuant to this Chapter. Note: Remove this for now until surveys confirm it. Designated h Historic district means a distinct section of the City, specifically defined in terms of geographic boundaries, designated as a heritage resource pursuant to this Chapter. 167 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. Note: Historic districts hall name geographically definable area of urban or rural character possessing a significant concentration or continuity of site, building, structures or objects unified by past events or aesthetically by plan or physical development 13-05.020 (d) Designated historic landmark means a building, improvement, structure, natural feature, site or area of land under single or common ownership, designated as a heritage resource pursuant to this Chapter. Designated historic landmark means a building, improvement, structure, natural feature, site or area of land under single or common ownership, designated as a heritage resource pursuant to this Chapter. Note: Historic landmarks. The term "historic landmarks" shall mean any of the following which have a special historical, architectural, cultural, aesthetic or engineering interest or value of an historical nature: 1. individual structure or portion thereof; 2. an integrated group of structures on a single lot; 3. a site or portion thereof; 4. or any combination of the above. Designated h Historic landmark means a building, improvement, structure, natural feature, site or area of land under single or common ownership, designated as a heritage resource pursuant to this Chapter. 13-05.020 (f) Heritage Commission means the historical preservation commission established pursuant to this Chapter and Commissioner means a member of the Heritage Commission. None Heritage Preservation Commission means the historical preservation commission established pursuant to this Chapter and Commissioner means a member of the Heritage Preservation Commission. 168 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. 13-05.020 (g) Commission staff means the Planning Director and his authorized representatives. Commission staff means the Planning Community Development Director and his/her authorized representatives. Note: State the Chapter 13 and how it is appointed Commission staff means the Planning Community Development Director and his/her authorized representatives. 13-05.020 (i) Heritage Resource Inventory means the City's official inventory of heritage resources, as adopted and amended from time to time by resolution of the Heritage Commission. A property may be listed on the Heritage Resource Inventory without being designated pursuant to this Chapter as a historic landmark, heritage lane or historic district. Heritage Resource Inventory means the City's official inventory of heritage resources, as adopted and amended from time to time by resolution of the Heritage Preservation Commission. A property may be listed on the Heritage Resource Inventory without being designated pursuant to this Chapter as a historic landmark, heritage lane or historic district. 13-05.020 (h) Heritage resource means any public or private property designated by the City pursuant to this Chapter, as a historic landmark, heritage lane, or historic district, and those properties listed on the City's Heritage Resource Inventory. Note: City Council or HPC None 13-05.020 (i) Heritage Resource Inventory means the City's official inventory of heritage resources, as adopted and amended from time to time by resolution of the Heritage Commission. A property may be listed on the Heritage Resource Inventory without being designated pursuant to this Chapter as a historic landmark, heritage lane or historic district. Note: use CLG terminology None 13-05.020 (k) New None Public Right-of-Way shall have the meaning set forth in section 15-06.570(a) of this Code. 13-05.020 (l) New Note: Add process for demolition to section None 169 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. 13-10.010 There is hereby established a Heritage Preservation Commission consisting of five unpaid members who shall be appointed by the City Council and shall all have a demonstrated interest in, competence or knowledge in historic preservation. In addition: There is hereby established a CLG qualified Heritage Preservation Commission consisting of five unpaid members who shall be appointed by the City Council and shall all have a demonstrated interest in, competence or knowledge in historic preservation. In addition: None 13-10.010 (b) A minimum of two of the members shall be appointed from among the disciplines of architecture, history, architectural history, planning, archeology or other historic preservation related disciplines such as urban planning, architecture/construction, American studies, American civilization, cultural geography or cultural anthropology, to the extent that such professionals are available in the community. The candidate nominated by the Saratoga Historical Foundation can qualify as this professional member. A minimum of two of the members should be appointed shall be appointed from among the disciplines of architecture, history, architectural history, planning, archeology or other historic preservation related disciplines such as urban planning, architecture/construction, American studies, American civilization, cultural geography or cultural anthropology, to the extent that such professionals are available in the community. The candidate nominated by the Saratoga Historical Foundation can qualify as this professional member. Note: Can be professionals Note: add residency requirement and term length. The commissioner must be a registered voter in Saratoga. The commissioner can only serve on one commission at a time. The term served is four years. Two consecutive four year terms may be served. The commissioner can serve again after A minimum of two of the members should be encouraged to appointed shall be appointed from among the disciplines of architecture, history, architectural history, planning, archeology or other historic preservation related disciplines such as urban planning, architecture/construction, American studies, American civilization, cultural geography or cultural anthropology, to the extent that such professionals are available in the community. The candidate nominated by the Saratoga Historical Foundation can qualify as this professional member. 170 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. one year following expiration of the second consecutive four-year term. 13-10.030 (a) The Community Development Director or designee shall act as Secretary for the Heritage Commission, shall be the custodian of its records, shall conduct official correspondence and shall generally supervise the clerical and technical work performed at the request or on behalf of the Heritage Commission. None The Community Development Director or designee shall act as Secretary for the Heritage Preservation Commission, shall be the custodian of its records, shall conduct official correspondence and shall generally supervise the clerical and technical work performed at the request or on behalf of the Heritage Preservation Commission. 13-10.030 (b) The Heritage Commission shall meet quarterly, or more frequently upon call of the Chair or Commission staff, as necessary. All meetings shall be open to the public and a public record shall be kept of all Commission proceedings and actions. A majority of Commissioners shall constitute a quorum, with the Chair having a vote. None The Heritage Preservation Commission shall meet quarterly, or more frequently upon call of the Chair or Commission staff, as necessary. All meetings shall be open to the public and a public record shall be kept of all Commission proceedings and actions. A majority of Commissioners shall constitute a quorum, with the Chair having a vote. 13-10.040 The Heritage Commission shall be advisory only to the City Council, the Planning Commission and the agencies and departments of the City, and shall establish liaison and work in conjunction with such authorities to implement the purposes of this Chapter. The Heritage Commission shall have the following powers and duties: None The Heritage Preservation Commission shall be advisory only to the City Council, the Planning Commission and the agencies and departments of the City, and shall establish liaison and work in conjunction with such authorities to implement the purposes of this Chapter. The Heritage Preservation Commission shall have the following powers and duties: 13-10.040 (a) Conduct, or cause to be conducted, a comprehensive survey of properties within the boundaries of the City for the purpose of establishing the Heritage Resource Inventory. To qualify for inclusion in the Heritage Resource Inventory, a property must satisfy any one or more of the criteria listed in Section 13-15.010 of this Chapter. None Conduct, or cause to be conducted, a comprehensive survey of properties within the boundaries of the City for the purpose of establishing the Heritage Resource Inventory. To qualify for inclusion in the Heritage Resource Inventory, a property must satisfy any one or more of the criteria listed in Section 13-15.010 of this Chapter. The Inventory which shall be publicized 171 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. The Inventory shall be publicized and periodically updated, and a copy thereof shall be kept on file in the Planning Department. and periodically updated, and a copy thereof shall be kept on file in the Planning Department. 13-10.040 (c) Recommend to the appropriate City agencies or departments projects and action programs for the recognition, conservation, enhancement and use of the City's heritage resources, including standards to be followed with respect to any applications for permits to construct, change, alter, remodel, remove or otherwise affect such resources. Recommend to the appropriate City agencies or department projects and action programs for the recognition, conservation, enhancement and use of the City's heritage resources, including Secretary of Interior standards to be followed with respect to any applications for permits to construct change, alter, remodel, remove or otherwise affect such resources. None 13-10.040 (e) Review and comment upon all applications for building, demolition, grading or tree removal permits involving work to be performed upon or within a designated historic landmark, heritage lane or historic district, and all applications for tentative map approval, rezoning, building site approval, use permit, variance approval, design review or other approval pertaining to or significantly affecting any heritage resource. The Commission's comments shall be forwarded to the City agency or department processing the application within thirty days after receiving the request for such comments. Review and comment upon all applications for building, demolition, grading, or tree removal permits involving work to be performed upon or within a designated historic landmark, heritage lane or historic district, and all applications for tentative map approval, rezoning, building site approval, use permit, variance approval, design review or other any work permit, or approval pertaining to or significantly affecting any heritage resource. The Heritage Preservation Commission's review for work concerning a heritage lane shall be limited to applications for work on heritage resources to be performed directly upon or within a designated heritage lane. The Commission's comments shall be Review and comment upon all applications for building, demolition, grading or tree removal permits involving work to be performed upon or within a designated historic landmark, heritage lane or historic district, and all applications for tentative map approval, rezoning, building site approval, use permit, variance approval, design review or other any work, permit, or approval pertaining to or significantly affecting any heritage resource. The Heritage Preservation Commission’s review for work concerning a heritage lane shall be limited to applications for work to be performed directly upon or within a designated heritage lane. The Commission's comments shall be forwarded to the City agency or department processing the application within thirty days after receiving the request for such comments. 172 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. forwarded to the City agency or department processing the application within thirty days after receiving the request for such comments. 13-10.040 (h) Upon the request of a property owner or occupant and at the discretion of the Heritage Commission, render advice and guidance on the conservation, rehabilitation, alteration, decoration, landscaping or maintenance of any heritage resource; such voluntary advice and guidance shall not impose any regulation or control over any property. Upon the request of a property owner or occupant and at the discretion of the Heritage Preservation Commission, render advice and guidance on the conservation, rehabilitation, alteration, decoration, landscaping or maintenance of any heritage resource; such voluntary advice and guidance shall not impose any regulation or control over any property. 13-10.040 (k) New Maintain a comprehensive system for identifying evaluating inventory, and registering the city historical and cultural resources None 13-15.010 The Heritage Commission may recommend to the City Council designation of a proposal as a historic landmark, heritage lane or historic district if it satisfies any two or more of the criteria listed below and also retains a substantial degree of architectural and structural integrity with respect to the original design, as determined by the Heritage Commission. None The Heritage Preservation Commission may recommend to the City Council designation of a proposal as a historic landmark, heritage lane or historic district if it satisfies any two or more of the criteria listed below and also retains a substantial degree of architectural and structural integrity with respect to the original design, as determined by the Heritage Preservation Commission. To qualify for inclusion in the Heritage Resource Inventory without being designated as a historic landmark, heritage lane or historic district, a property must satisfy any one or more of the criteria listed below. 13-15.020 (a) Applications for designation as a historic landmark, heritage lane or historic district may be submitted to the Heritage Commission by any of the following: Applications for designation as a historic landmark, heritage lane or historic district, or for inclusion on the Heritage Resource Inventory without being designated as a historic Applications for designation as a historic landmark, heritage lane or historic district, or for inclusion on the Heritage Resource Inventory without being designated as a historic landmark, heritage lane or historic 173 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. landmark, heritage lane or historic district, may be submitted to the Heritage Preservation Commission by any of the following methods: district, may be submitted to the Heritage Preservation Commission by any of the following: 13-15.020 (a) (1) The owner or owners of a building, improvement, structure, natural feature, site or area of land, requesting designation of their property as a historic landmark; None The owner or owners of a building, improvement, structure, natural feature, site or area of land, requesting designation of their property as a historic landmark or requesting inclusion of their property on the Heritage Resource Inventory without being designated as a historic landmark; 13-15.020 (a) (2) The owners of at least sixty percent of the frontage of all recorded lots abutting a street, road, avenue, boulevard, pathway or trail, or portion thereof, requesting designation as a heritage lane; None The owners of at least sixty percent of the frontage of all recorded lots abutting a street, road, avenue, boulevard, pathway or trail, or portion thereof public right-of-way, requesting designation as a heritage lane; 13-15.020 (b) The City Council or the Planning Commission may also, by resolution or motion, refer a proposed designation to the Heritage Commission for its recommendation and the Heritage Commission may consider a proposed designation upon its own initiative. None The City Council or the Planning Commission may also, by resolution or motion, refer a proposed designation to the Heritage Commission for its recommendation and the Heritage Commission may consider a proposed designation upon its own initiative. 13-15.030 The Heritage Commission shall conduct a study of the proposed designation, based upon such information or documentation as it may require from the applicant, the Commission staff, or from other available sources. Public hearings shall not be required, but the Commission may, in its discretion, receive written or verbal comments from any persons having an interest in the proposal or any information relevant thereto. None The Heritage Preservation Commission shall conduct a study of the proposed designation, based upon such information or documentation as it may require from the applicant, the Commission staff, or from other available sources. Public hearings shall not be required, but the Commission may, in its discretion, receive written or verbal comments from any persons having an interest in the proposal or any information relevant thereto. 174 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. 13-15.040 Objections to proposals. None Objections to proposals Proposed Designations. The City Council or the Planning Commission may, by resolution or motion, refer a proposed designation to the Heritage Preservation Commission for its recommendation and the Heritage Preservation Commission may consider a proposed designation upon its own initiative. 13-15.030 (a) In the event designation of a historic landmark, heritage lane or historic district is proposed by the City Council or Planning Commission or considered by the Heritage Commission upon its own initiative, and in the further event the Heritage Commission, as a result of its study of the proposal, determines that the proposal should be recommended to the City Council for designation, the Heritage Commission shall mail written notice of its intended recommendation to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is the subject of the proposed designation. Such written notice shall contain a complete description of the proposed designation and shall advise the property owners that written objections to the proposal may be filed with the Heritage Commission within forty-five days from the date of the notice. None In the event designation of a historic landmark, heritage lane or historic district is proposed by the City Council or Planning Commission or considered by the Heritage Preservation Commission upon its own initiative, and in the further event the Heritage Preservation Commission, as a result of its study of the proposal, determines that the proposal should be recommended to the City Council for designation, the Heritage Preservation Commission shall mail written notice of its intended recommendation to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is the subject of the proposed designation. Such written notice shall contain a complete description of the proposed designation and shall advise the property owners that written objections to the proposal may be filed with the Heritage Commission within forty-five days from the date of the notice. 13-15.030 (b) If objections are filed by the owner of any property proposed to be designated as a historic landmark, or by the owners of at None If objections are filed by the owner of any property proposed to be designated as a historic landmark or by the owners of at least forty-one 175 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. least forty-one percent of the frontage of all recorded lots abutting a proposed heritage lane, or by the owners of at least forty-one percent of the area of all recorded lots within a proposed historic district, the Heritage Commission shall discontinue any further consideration of the proposal. Such proposal may not again be considered for designation for at least twelve months after the date of mailing the notice to the property owners unless, prior to the expiration of such twelve- month period: percent of the frontage of all recorded lots abutting a proposed heritage lane, or by the owners of at least forty-one percent of the area of all recorded lots within a proposed historic district, the Heritage Preservation Commission shall discontinue any further consideration of the proposal. Such proposal may not again be considered for designation for at least twelve months after the date of mailing the notice to the property owners unless, prior to the expiration of such twelve-month period: 13-15.040 (b)(3) In the case of a proposed heritage lane or historic district, the Heritage Commission decides to modify the proposal by reducing the size or boundaries thereof so as to reduce the total percentage of objectors to less than forty-one percent. None In the case of a proposed heritage lane or historic district, the Heritage Preservation Commission decides to modify the proposal by reducing the size or boundaries thereof so as to reduce the total percentage of objectors to less than forty-one percent. 13-15.040 (c) NEW Note: Shouldn't need owner's consent. This is against CLG requirements. We are required to do surveys and maintain records with the city--How? Need to add info on the Mills Act. In the event inclusion on the Heritage Resource Inventory is proposed by the City Council or Planning Commission or considered by the Heritage Preservation Commission upon its own initiative, and in the further event the Heritage Preservation Commission, as a result of its study of the proposal, determines that the proposal should be included in the Heritage Resource Inventory the Heritage Preservation Commission shall mail written notice of its intent to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is proposed to be included in the Heritage Resource Inventory. Such written 176 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. notice shall contain a complete description of the proposed action and shall advise the property owners that written consent to the proposed action is required. If consent is not received the property shall not be included on the Heritage Resource Inventory. 13-15.050 Recommendation by Heritage Commission Provided the Heritage Commission is not required to discontinue consideration of a proposal by reason of objections raised pursuant to Section 13-15.040, the Heritage Commission shall render a written report within a reasonable time accompanied by all of the information and documentation reviewed by the Heritage Commission. The report shall either recommend the designation as originally proposed, recommend a modified designation or recommend that the proposed designation be rejected. The report shall set forth in detail the reasons for the Heritage Commission's decision and the information and documentation relied upon in support thereof. A copy of the report shall be sent to the property owner or owners. None Recommendation by Heritage Preservation Commission. Provided the Heritage Preservation Commission is not required to discontinue consideration of a proposal by reason of objections raised and the property owner has provided written consent to the inclusion of the proposal on the Heritage Resource Inventory or other proposed designation pursuant to Section 13-15.040, the Heritage Preservation Commission shall render a written report within a reasonable time accompanied by all of the information and documentation reviewed by the Heritage Preservation Commission. The report shall either recommend the designation as originally proposed, recommend a modified designation or recommend that the proposed designation be rejected. The report shall set forth in detail the reasons for the Heritage Preservation Commission's decision and the information and documentation relied upon in support thereof. A copy of the report shall be sent to the property owner or owners. Add new Section None Once the property owner acquires landmark status, a tax credit can be established if the landowner applies None 177 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. for the Mills Act. The owner completes the paperwork; the City Council approves the completed paperwork and it is presented at a public hearing. Commercial and private property can take advantage of the Mills Act. 13-15.060 (a) The report and recommendations of the Heritage Commission on a proposed historic landmark, together with the information and documentation pertaining thereto, shall be forwarded to the City Council. The City Council shall consider the report at its next available regular meeting and determine whether or not to accept the Heritage Commission's recommendations. The City Council shall by ordinance either approve the proposed designation, in whole or in part or as modified, or shall by motion disapprove the proposal in its entirety. None The report and recommendations of the Heritage Preservation Commission on a proposed historic landmark, together with the information and documentation pertaining thereto, shall be forwarded to the City Council. The City Council shall consider the report at its next available regular meeting and determine whether or not to accept the Heritage Preservation Commission's recommendations. The City Council shall by ordinance either approve the proposed historic landmark designation, in whole or in part or as modified, or shall by motion disapprove the proposal in its entirety. 13-15.060 (b) Until final action has been taken by the City Council on the proposed designation as a historic landmark, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be formed upon or within the property which is the subject of the proposed designation, unless approved by the Heritage Commission or the City Council. This restriction shall become effective as of the time the application for designation is filed, or upon the expiration of time for filing objections in response to the notice given pursuant to Subsection 13- 15.040(a) of this Article, as the case may be. None Until final action has been taken by the City Council on the proposed designation as a historic landmark, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be formed upon or within the property which is the subject of the proposed designation, unless approved by the Heritage Preservation Commission or the City Council. This restriction shall become effective as of the time the application for designation is filed, or upon the expiration of time for filing objections in response to the notice given pursuant to Subsection 13-15.040(a) of this Article, as the case may be. 13-15.060 (c) In the event a designating ordinance is adopted by the City Council, such ordinance None In the event an designating ordinance designating a historic landmark is adopted by the City 178 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. shall become effective thirty days following adoption thereof and the designated property shall thereafter be subject to the regulations set forth in this Chapter and such further restrictions or controls as may be specified in the designating ordinance. Council, such ordinance shall become effective thirty days following adoption thereof and the designated property shall thereafter be subject to the regulations set forth in this Chapter and such further restrictions or controls as may be specified in the designating ordinance. 13-15.070 (a) Report to Planning Commission. The report and recommendations of the Heritage Commission on a proposed heritage lane or historic district, together with the information and documentation pertaining thereto, shall be forwarded to the Planning Commission. None Report to Planning Commission. The report and recommendations of the Heritage Preservation Commission on a proposed heritage lane or historic district, together with the information and documentation pertaining thereto, shall be forwarded to the Planning Commission. 13-15.070 (b) Public hearing; notice. The Planning Commission shall conduct a public hearing on the proposed designation within sixty days after receipt of the Heritage Commission's report. Notice of the public hearing shall be given in the manner provided in Section 13-15.080. None Public hearing; notice. The Planning Commission shall conduct a public hearing on the proposed designation within sixty days after receipt of the Heritage Preservation Commission's report. Notice of the public hearing shall be given in the manner provided in Section 13-15.080. 13-15.070 (c) Actions of Planning Commission. The Planning Commission shall either recommend approval of the designation as originally proposed, or approval of the designation as modified by the Heritage Commission or the Planning Commission or both, or recommend that the proposed designation be rejected. If the Planning Commission recommends approval or modified approval of the designation, it shall instruct the Commission staff to prepare and shall approve a proposed form of ordinance for adoption by the City Council designating the heritage lane or historic district and establishing a zoning overlay for such lane or district. The proposed ordinance may include None Actions of Planning Commission. The Planning Commission shall either recommend approval of the designation as originally proposed, or approval of the designation as modified by the Heritage Preservation Commission or the Planning Commission or both, or recommend that the proposed designation be rejected. If the Planning Commission recommends approval or modified approval of the designation, it shall instruct the Commission staff to prepare and shall approve a proposed form of ordinance for adoption by the City Council designating the heritage lane or historic district and establishing a zoning overlay for such lane or district. The proposed ordinance may include such regulations or controls over the designated property as the 179 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. such regulations or controls over the designated property as the Planning Commission deems reasonably necessary for the conservation, enhancement and preservation thereof. Planning Commission deems reasonably necessary for the conservation, enhancement and preservation thereof. 13-15.070 (d) Transmittal of documents to City Council. The recommendations of the Planning Commission, together with the report and recommendations of the Heritage Commission and the information and documentation pertaining thereto, and the proposed ordinance, if any, shall be transmitted to the City Council and considered at its next available regular meeting. None Transmittal of documents to City Council. The recommendations of the Planning Commission, together with the report and recommendations of the Heritage Preservation Commission and the information and documentation pertaining thereto, and the proposed ordinance, if any, shall be transmitted to the City Council and considered at its next available regular meeting. 13-15.090 (a)(1) The Heritage Commission None The Heritage Preservation Commission. 13-15.100 (a) The owner or owners of a designated historic landmark, or the owners of not less than sixty percent of the frontage of all recorded lots abutting a designated heritage lane, or the owners of not less than sixty percent of the area of all recorded lots within a designated historic district, may apply to the Heritage Commission for termination of the designation. The application shall contain a detailed description of all facts and circumstances relied upon by the applicant as reasons for termination None The owner or owners of a designated historic landmark or of a property listed on the Heritage Resource Inventory but not specifically designated as a historic landmark, or the owners of not less than sixty percent of the frontage of all recorded lots abutting a designated heritage lane, or the owners of not less than sixty percent of the area of all recorded lots within a designated historic district, may apply to the Heritage Preservation Commission for termination of the designation. The application shall contain a detailed description of all facts and circumstances relied upon by the applicant as reasons for termination. 13-20.010 It is unlawful for any person to alter, demolish, remove, relocate or otherwise change any exterior architectural feature or natural feature of a designated historic landmark or to construct, alter, demolish, remove or relocate any building, None It is unlawful for any person to alter, demolish, remove, relocate or otherwise change any exterior architectural feature or natural feature of a designated historic landmark or to construct, alter, demolish, remove or relocate any building, improvement or other structure upon any property 180 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. improvement or other structure upon any property located within a designated heritage lane or historic district, or to place, erect, alter or relocate any sign upon or within a designated historic landmark, heritage lane or historic district, without first obtaining a written permit to do so in the manner provided in this Article; provided, however, that the foregoing requirements shall not apply when alternative permit requirements for a specific historic landmark, heritage lane, or historic district have been specified by the ordinance designating the landmark, lane, or district. located within a designated heritage lane or historic district, or to place, erect, alter or relocate any sign upon or within a designated historic landmark, heritage lane or historic district heritage resource, without first obtaining a written permit to do so in the manner provided in this Article; provided, however, that the foregoing requirements shall not apply when alternative permit requirements for a specific historic landmark, heritage lane, or historic district have been specified by the ordinance designating the landmark, lane, or district. 13-20.020 Applications for permits, on forms prescribed by the Heritage Commission, shall be submitted to the Planning Director, who shall forward the application to the Heritage Commission for review and comment. The application shall be accompanied by a filing fee to cover the administrative cost of handling the permit request. None Applications for permits, on forms prescribed by the Heritage Commission, shall be submitted to the Planning Community Development Director, who shall forward the application to the Heritage Preservation Commission for review and comment. The application shall be accompanied by a filing fee to cover the administrative cost of handling the permit request. 13-20.030 (f) Such other information or documents as may be requested by the Heritage Commission. None Such other information or documents as may be requested by the Heritage Preservation Commission. 13-20.030 (g) NEW Report should not be disclosed to the applicant. Fees collected at time of submittal. Historic resource evaluation provided by a licensed historic architect or historic consultant professional 13-20.040 The Heritage Commission shall complete its review and issue a recommendation to the Planning Director within thirty days after receipt of the application, filing fee and all supporting data. Unless legally required, there shall be no notice, posting or publication requirements for action on the A notification should be sent to commissioners as well as all HP applications filed with the City. The Heritage Preservation Commission shall complete its review and issue a recommendation to the Planning Community Development Director within thirty days after receipt of the application, filing fee and all supporting data. Unless legally required, there shall be no notice, posting or publication requirements for action on 181 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. application, but all decisions shall be made at regular or noticed special meetings of the Heritage Commission. The Heritage Commission's recommendation shall be in writing and shall state the reasons relied upon in support thereof. Upon receipt of the Heritage Commission's recommendations, the Planning Director shall forward a copy thereof to the applicant. the application, but all decisions shall be made at regular or noticed special meetings of the Heritage Preservation Commission. The Heritage Preservation Commission's recommendation shall be in writing and shall state the reasons relied upon in support thereof. Upon receipt of the Heritage Preservation Commission's recommendations, the Planning Community Development Director shall forward a copy thereof to the applicant. 13-20.050 If the Heritage Commission recommends issuance of the permit requested in the application, or issuance of such permit subject to conditions, the Planning Director shall proceed to issue the permit in accordance with the recommendation after the expiration of ten days from the date the recommendation is delivered to the Planning Director, provided that no appeal has been filed during such time and provided further, that no other approval under this Code is required for issuance of such permit. In the event the Heritage Commission recommends denial of the application, the Planning Director shall notify the applicant that the requested permit will not be granted. None If the Heritage Preservation Commission recommends issuance of the permit requested in the application, or issuance of such permit subject to conditions, the Planning Community Development Director shall proceed to issue the permit in accordance with the recommendation after the expiration of ten days from the date the recommendation is delivered to the Planning Community Development Director, provided that no appeal has been filed during such time and provided further, that no other approval under this Code is required for issuance of such permit. In the event the Heritage Preservation Commission recommends denial of the application, the Planning Community Development Director shall notify the applicant that the requested permit will not be granted. 13-20.060 (a) Any recommendations issued by the Heritage Commission with respect to the granting or denial of a permit may be appealed by the applicant or any interested person to the Planning Commission. The appeal shall be taken by filing with the Secretary of the Planning Commission a written notice thereof within ten days from the date the Heritage Commission delivers None Any recommendations issued by the Heritage Preservation Commission with respect to the granting or denial of a permit may be appealed by the applicant or any interested person to the Planning Commission. The appeal shall be taken by filing with the Secretary of the Planning Commission a written notice thereof within ten days from the date the Heritage Preservation Commission delivers its recommendation to the 182 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. its recommendation to the Planning Director. The notice of appeal shall be signed by the appellant and shall set forth all of the grounds for the appeal, together with a filing fee to cover the administrative cost of handling the appeal. Upon receipt of the notice of appeal and filing fee, the Secretary of the Planning Commission shall set the appeal for hearing at the next available regular meeting of the Planning Commission. The Planning Commission shall conduct a hearing de novo on the appeal and may adopt, reject or modify the recommendations of the Heritage Commission. Planning Community Development Director. The notice of appeal shall be signed by the appellant and shall set forth all of the grounds for the appeal, together with a filing fee to cover the administrative cost of handling the appeal. Upon receipt of the notice of appeal and filing fee, the Secretary of the Planning Commission shall set the appeal for hearing at the next available regular meeting of the Planning Commission. The Planning Commission shall conduct a hearing de novo on the appeal and may adopt, reject or modify the recommendations of the Heritage Preservation Commission. 13-20.060 (c) New In some instances, HPC should be given one month to review an application as well as have funds to hire their own expert to rebut changes/or applicants requests if needed. None 13-20.070 The Planning Director, on the recommendation of the Heritage Commission, or the Planning Commission or City Council on appeal, shall authorize issuance of a permit, or a conditional permit, if and only if, it is determined that: None The Planning Community Development Director, on the recommendation of the Heritage Preservation Commission, or the Planning Commission or City Council on appeal, shall authorize issuance of a permit, or a conditional permit, if and only if, it is determined that: 13-20.080 Notwithstanding Section 13-20.070, the Planning Director, on the recommendation of the Heritage Commission, or the Planning Commission or City Council on appeal, may approve an application for a permit to conduct any proposed work upon or within a designated historic landmark or property located within a designated heritage lane or None Notwithstanding Section 13-20.070, the Planning Community Development Director, on the recommendation of the Heritage Preservation Commission, or the Planning Commission or City Council on appeal, may approve an application for a permit to conduct any proposed work upon or within a designated historic landmark or property located within a designated heritage lane or 183 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. historic district, if the applicant presents clear and convincing evidence demonstrating that a disapproval of the application will work immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work or because of conditions peculiar to the particular improvement, building, structure, topography or other feature involved. If a hardship is found to exist under this Section, the Heritage Commission or the Planning Commission or City Council shall make a written finding to that effect, and shall specify the facts and reasons relied upon in making such finding. historic district heritage resource, if the applicant presents clear and convincing evidence demonstrating that a disapproval of the application will work immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work or because of conditions peculiar to the particular improvement, building, structure, topography or other feature involved. If a hardship is found to exist under this Section, the Heritage Preservation Commission or the Planning Commission or City Council shall make a written finding to that effect and shall specify the facts and reasons relied upon in making such finding. 13-25.020 Nothing in this Chapter shall be construed to prevent the ordinary maintenance, painting, landscaping or repair of any exterior feature in or upon any designated historic landmark or property located within a designated heritage lane or historic district that does not involve a change in design, material or the external appearance thereof, nor does this Chapter prevent the construction, reconstruction, alteration, restoration, demolition or removal of any designated historic landmark or property located within a designated heritage lane or historic district which has been certified by the City building inspector, or fire chief, or other code enforcement officer as being in unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code. None Nothing in this Chapter shall be construed to prevent the ordinary maintenance, painting, landscaping or repair of any exterior feature in or upon any designated historic landmark or property located within a designated heritage lane or historic district heritage resource that does not involve a change in design, material or the external appearance thereof, nor does this Chapter prevent the construction, reconstruction, alteration, restoration, demolition or removal of any designated historic landmark or property located within a designated heritage lane or historic district which has been certified by the City building inspector, or fire chief, or other code enforcement officer as being in unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code. 184 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. 13-25.030 The owner, occupant, or the person in actual charge of a designated historic landmark or property located within a designated heritage lane or historic district shall keep and maintain in good condition and repair all exterior portions thereof, all interior portions thereof when subject to special regulation or control as specified in the designating ordinance or permit, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature or natural feature. The owner, occupant, or the person in actual charge of a designated historic landmark or property located within a designated heritage lane or historic district shall keep and maintain in good condition and repair all exterior portions thereof, all interior portions thereof when subject to special regulation or control as specified in the designating ordinance or permit, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature or natural feature 13-25.040 (b) The Planning Director shall have the duty and authority to enforce the provisions of this Chapter, and any other laws, rules or regulations of the City which govern or relate to the issuance of permits for work to be performed upon or within a designated historic landmark or property located within a designated heritage lane or historic district, by any or all of the following means: None The Planning Community Development Director shall have the duty and authority to enforce the provisions of this Chapter, and any other laws, rules or regulations of the City which govern or relate to the issuance of permits for work to be performed upon or within a designated historic landmark or property located within a designated heritage lane or historic district, by any or all of the following means: 185 Page 1 of 1 MEMORANDUM MEETING DATE: January 11, 2022 TO: Heritage Preservation Commission (HPC) FROM: Nicole Johnson, Senior Planner SUBJECT: Item 9a-Heritage Preservation Ordinance update APPLICATION: ZOA21-0004 Background: This item was continued to the January HPC meeting to allow the Commissioners additional time to provide comments on the proposed changes. Attachments: 1.Memo and attachments from the December 14, 2021 HPC meeting 2.Suggested changes since December 14, 2021 Meeting 186 Page 1 of 3 MEMORANDUM MEETING DATE: December 14, 2021 TO: Heritage Preservation Commission (HPC) FROM: Nicole Johnson, Senior Planner SUBJECT: Item 8a-Heritage Preservation Ordinance update APPLICATION: ZOA21-0004 Background: There has recently been some confusion and interpretation inconsistencies by City staff and the HPC regarding HPC’s role in reviewing work along the heritage lane portion of Saratoga Avenue. In 1981, Saratoga City Council adopted an ordinance creating a heritage preservation commission and establishing procedures for the designation, conservation and control of heritage resources within Saratoga. This ordinance included the concept of heritage lanes. Prior to the adoption of the ordinance, there was concern by some council members regarding the scope of the proposed ordinance in respect to heritage lanes. Based on archived documentation, in 1981 the perceived community motives in advocating heritage lanes were as follows: •Preserve the width and appearance of roads associated with Saratoga’s earlier development. •Prevent widening and improvement to current city standards of certain roads, as currently. required in conjunction with new development and infill projects. •Discourage increased traffic on certain roads. In 1991, the portion of Saratoga Avenue from Fruitvale Avenue to 14301 Saratoga Avenue was designated by Ordinance as a Heritage Lane to help protect the street from being widened, which would have resulted in the loss of the mature street trees. The protection would also regulate the construction of sound walls and fencing within the public right-of-way. 187 Page 2 of 3 At the December 18, 2019 City Council Meeting, City Staff asked for clarification from the City Council of the role the HPC has in reviewing applications along a Heritage Lane. The Heritage Lane designation applies to only the public right of way (Attachment 1) and not the properties adjacent to the Heritage Lane when it comes to reviewing applications. The City Council directed staff to prepare an ordinance amendment that would: 1. clarify the scope of review for Heritage Lane; and 2. the directed staff to include a provision in Chapter 13 that a property owner must consent for their property to be included in the Heritage Resource Inventory; and 3. Ensure that the HPC is included in the review process of planning applications when staff deems the property of historic interest. In addition, for consistency with the Certified Local Government Requirements included in Appendix G II B of the Certified Local Government Application and Procedures (attachment 3) staff is suggesting that the language in Section 13-10.010 of the City Code for “Creation; qualification and residency of members” be amended as follows: A minimum of two of the members should be encouraged to appointed shall be appointed from among the disciplines of architecture, history, architectural history, planning, archeology or other historic preservation related disciplines such as urban planning, architecture/construction, American studies, American civilization, cultural geography or cultural anthropology, to the extent that such professionals are available in the community. The candidate nominated by the Saratoga Historical Foundation can qualify as this professional member. In addition to the amendments provided by the City Council, staff took this opportunity to clean up the language in the code. Per City Code Section 13-10.040 (d) the HPC can review and comment upon proposed ordinances of the City as they relate to heritage resources. Chair Shah and Vice Chair Stransky have provided discussion points and recommendations to the ordinance update in attachments 5 and 6. 188 Page 3 of 3 Attachments: 1. Staff Report from the December 18, 2019 City Council Meeting 2. Minutes from the December 18, 2019 City Council Meeting 3. CLG Requirements 4. Draft City Code Amendment 5. HPC Discussion points (Stransky/Shah) 6. HPC Recommended Ordinance update (Stransky/Shah) 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 234 235 236 237 238 239 Requirements (Excerpt from Appendix G, Certified Local Government Application and Procedures, August 1999, pp 41-47.) Local governments may be certified to participate in the CLG program by complying with the following requirements: I Enforce appropriate state or local legislation for the designation and protection of historic properties: A. State enabling legislation provides for local jurisdictions to enact appropriate historic preservation legislation. California Government Code Sections 65850, 25373, and 37361 enable city and county legislative bodies to provide for “the protection, enhancement; perpetuation, or use of places, sites, buildings, structures, works of art, and other objects having a special character or special historical or aesthetic interest or value.” B. Local governments must adopt local historic preservation ordinances with provisions to enforce the designation and protection of historic and archeological resources. C. The local legislation shall be consistent with the intent and purpose of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470). D. The CLG will adopt a historic preservation plan or a historic preservation element for the local jurisdiction's General Plan, as authorized by the California Government Code, prior to or upon applying for a CLG grant. E. The CLG commission will participate in the environmental review of specific federally sponsored projects, such as community development programs involving HUD Block Grant funds unless it is determined by OHP that the necessary expertise is not available to the local government. The CLG will establish programmatic agreements with the state agreeing to ensure compliance with Section 106 provisions of the NHPA. F. The CLG commission will participate in the environment review of local projects in accordance with the requirements under the California Environmental Quality Act (CEQA). The commission may review and comment on permit actions affecting significant listed historic properties and other resources eligible for listing, in accordance with local ordinance requirements and with CEQA. Procedural guidelines should include standards for demolition stays, design review criteria, anti-neglect requirements, and appeal strategies. II Establish an adequate and qualified historic preservation review commission by local law: A. The commission shall include a minimum membership of five (5) individuals with all members having demonstrated interest, competence, or knowledge in historic preservation. B. At least two (2) Commission members are encouraged to be appointed from among professionals in the disciplines of history, architecture, architectural 240 history, planning, pre-historic and historic archeology, folklore, cultural anthropology, curation, conservation, and landscape architecture or related disciplines, such as urban planning, American studies, American civilization, or cultural geography, to the extent that such professionals are available in the community. Commission membership may also include lay members who have demonstrated special interests, competence, experience, or knowledge in historic preservation. C. A local government may be certified without the minimum number or types of disciplines established in state procedures if it can be demonstrated to the satisfaction of the state that it has made a reasonable effort to fill those positions, or that some alternative composition of the commission best meets the needs of the protection of historic properties in the local community. D. Commission members shall be appointed by the chief elected local official, city council, or board of supervisors consistent with the provisions of the preservation ordinance. The appointing authority shall make interim appointments to fill unexpired terms in the event of vacancies occurring during the term of members of the commission. The appointing authority shall also act within sixty (60) days to fill a vacancy. Terms of office of the commission members shall be according to the local preservation ordinance. E. The commission shall meet at least four times a year, with meetings held in a public place, advertised in advance, and open to the public, pursuant to the Ralph M. Brown Act (G.C. Section 54950 et seq.) for open meetings. Written minutes of commission meetings shall be kept on file, available for public inspection, and submitted to the state as a part of the CLG Annual Report. F. Each commission member is required to attend at least one informational or educational meeting, seminar, workshop, or conference per year that pertains directly to the work and functions of the commission and would be approvable by the state. The CLG Regional Workshops sponsored by the OHP are important sources of information. The annual State Historic Preservation Conference generally provides special sessions devoted to the issues, objectives, and responsibilities of commissions. Commissions may also bring in professionals to provide training on site. G. An annual report of the activities of the commission shall be submitted to the state at the end of each calendar year. The reports shall include, but not be limited to, such information as narrative summary of accomplishments, summaries of new and corrected survey activities, number of properties designated under local ordinance in relation to inventory for community, summaries of National Register applications reviewed, summaries of historical contexts prepared, number of federal tax certifications reviewed, number of properties on which design review was held, number of properties on which environmental project reviews were conducted, property owners of Mills Act contracts approved, summarization of local preservation activities, list of local landmark designations, description of public education activities, lists of commission members and resumes, list of staff and resumes, detailed listing of commission and staff training received, commission attendance 2 241 records, summary of changes in preservation laws, summary of adoption or updates of historic preservation plan or historic preservation element of your community's General Plan, commission meeting minutes and agendas, and other pertinent activities performed by the commission. III Maintain a system for the survey and inventory of historic properties: The CLG shall be responsible for organizing, developing, and administering an inventory of cultural resources within the entire spatial jurisdiction of the CLG. A. The commission shall develop procedures for conducting an inventory of culture resources. Survey activities shall be coordinated with and complementary to the state program to ensure that survey results produced by the CLG will be readily integrated into the statewide comprehensive historic preservation planning process. 1. The CLG shall be responsible for overseeing the compiling, recording, and updating of inventory information on cultural resources within its jurisdiction. The information shall be based on comprehensive surveys conducted in conformance with state survey standards and procedures. Surveys completed prior to the certification of a local government may be re-evaluated in accordance with state standards and may be submitted for inclusion in the State database. 2. As part of any ongoing survey effort, procedural requirements must allow for periodic update of survey results as buildings gain maturity and as new areas are incorporated or annexed by the CLG. 3. The commission must adopt state guidelines for conducting its inventory of historic properties. State-approved inventory forms (DPR-523, A-L) and the OHP's Instructions For Recording Historical Resources shall be used to facilitate integration into the state electronic data system and for statewide comprehensive historic preservation planning purposes. Dimitri software is available for the DPR 523 forms. 4. Standards for the evaluation of properties must be consistent with the National Register of Historic Places criteria. A. The commission shall establish internal procedures to facilitate the use of survey results in the planning process by the CLG officials and departments. The commission shall submit survey results to the local government for adoption, then forward to OHP. Copies of the survey should be on deposit at the local planning department, building and safety office, public works department, and redevelopment agency. Libraries, colleges, and historical societies should also receive copies. OHP will make copies available for the appropriate “California Historical Resources Information System” regional center. See IV(A)(2) below for public access requirements. IV Provide for adequate public participation in the local historic preservation program: A The CLG shall provide opportunities for public participation in all responsibilities delegated to the CLG, in accordance with appropriate regulations, standards, and guidelines. 3 242 1. Public participation shall be fully encouraged at local commission meetings. Commission meetings shall be open to the public, with published agenda and minutes in accordance with the Ralph M. Brown Act (G.C. Section 54950 et seq.) for open meetings. The published agenda shall be mailed in advance of meetings to individuals and citizen organizations interested in the commission’s activities. 2. Public participation shall be fully encouraged in the performance of the historic survey program at all levels of responsibility to identify and inventory significant cultural resources in the jurisdiction of the CLG. The public can serve as volunteers to assist in the survey effort. Survey results shall be of public record and on file at a public institution, except in the case of sensitive resources, e.g., archeological sites subject to vandalism. 3. Public participation shall be fully encouraged in the nomination process for the National Register of Historic Places program. The CLG shall invite comments from the general public regarding National Register nominations. 4. Public participation shall be fully encouraged in all public hearings on projects related to CEQA and Section 106 processes. V Satisfactorily perform the responsibilities delegated to the CLG: A. The CLG shall prepare a comprehensive local historic preservation plan which would identify preservation missions, goals, and priorities. The plan would also establish preservation strategies, programs, and time schedules. B. The CLG will participate in the review and comment on historic preservation certification applications for tax incentives. The CLG and state may establish procedures for implementation of the investment tax credit program at the local level in conformance with the Secretary of the Interior's Standards for Historic Preservation. C. Each CLG must have a local historic preservation plan prior to or upon becoming a CLG before any additional grant applications will be considered. The state shall monitor and evaluate the performance of the CLG for consistency with the identification, evaluation, and preservation priorities of the comprehensive state historic preservation planning process. 1. Annual Review of CLGs: The State shall conduct an annual review of CLGs to assure that each government continues to meet the minimal requirements and is satisfactorily performing its responsibilities. As part of this review, the state shall examine the annual reports submitted by the CLGs, records of the administration of funds allocated from the HPF, and other documents as necessary. The CLG shall make these records available to the state. A more thorough review and site visit to the Certified Local Government will occur at least once every three (3) years. 2. Procedures for Decertification: If the state evaluation indicates that the CLG no longer meets the minimal requirements or that in any other way a CLG's performance is not 4 243 satisfactory, the state shall document that assessment and recommend to the local government steps to bring its performance up to a satisfactory level. The CLG shall have a period of not less than 30 nor more than 180 days to implement improvements; If the state determines that sufficient improvement has not occurred, the state shall decertify the local government, citing specific reasons for the decertification. Performance shall be deemed unsatisfactory if one or more of the following conditions exist or is applicable: a) the commission fails to perform its delegated responsibilities within established time periods; b) the CLG fails to coordinate its responsibilities with the state; c) the commission substantially fails to maintain consistency of its design review decisions with the Secretary's Standards for Historic Preservation; d) the CLG fails to maintain a qualified historic preservation review commission membership; e) the CLG fails to enforce the provisions of the local preservation ordinance; f) the CLG fails to enforce its CEQA and Section 106 responsibilities; g) the CLG fails to adequately survey historical resources in its jurisdiction; and h) the CLG fails to comply adequately with proper fiscal management of HPF grants in accordance with the National Register Programs Guideline, OMB Circular A-128, and 43 CFR 12. 3. Decertification Appeal: If the state recommends decertification, the local government may appeal to the NPS. The NPS has 45 days to respond to the appeal. 4. Decertification Without Prejudice: CLGs may petition the OHP to be decertified voluntarily and without prejudice. 5. Financial Assistance Close-out: The state shall conduct financial assistance close-out procedures pursuant to the National Register Program Guideline when a local government is decertified. VI The CLG shall assume certain responsibilities for reviewing and recommending properties within its jurisdiction to the National Register of Historic Places. A. The SHPO shall have the sole responsibility of nominating National Register properties directly to the Secretary of the Interior (Secretary). B. The CLG shall establish local procedures for the National Register nomination process consistent with the requirements in the NHPA, Section 101(c)(2). 1. Before a property within the jurisdiction of a CLG may be considered by the state to be nominated to the National Register, the state shall notify the owner, the applicable chief elected local official, and the local historic preservation commission. The commission, after reasonable opportunity for public comment, shall prepare a report as to whether or not such property, in its opinion, meets the criteria of the National Register. Within sixty (60) days of notice from the state, the chief elected local official shall transmit the report of the commission and his/her recommendation to the state. After receipt of such report and recommendation, or if no such report and recommendation are received within sixty (60) days, the state 5 244 shall process the National Register nomination. The state may expedite such process with the concurrence of the CLG. 2. If both the commission and the chief elected local official recommend that a property not be nominated to the National Register, the state shall take no further action, unless within thirty (30) days of the receipt of such recommendation by the state, an appeal is filed with the state. If such an appeal is filed, the state shall follow the procedure for making a nomination pursuant to Section 101(a). Any report and recommendations made under this section shall be included with any nomination submitted by the state to the Secretary. VII By mutual written agreement with the local governing body, the state may delegate additional responsibilities to the CLG. Local governments may be certified to participate in specific program activities under Programmatic Agreements. A. The CLG may develop educational programs promoting historic preservation at the local level such as, but not limited to, sponsorship of preservation workshops, publication of preservation information, organizing preservation fairs, conducting walking tours, preparing preservation curricula for schools, etc. B. Commission members may act in an advisory capacity to other officials and departments within the local government and act as a liaison on behalf of the CLG to individuals and organizations concerned with historic preservation issues at the local level. C. The CLG may participate in the Mills Act program or other economic incentive programs to provide property-tax relief for owners of historic properties. D. The CLG may participate in the Marks Historical Rehabilitation Act for issuance of tax-exempt industrial development bonds, providing that the commission shall serve as a part of the required citizen advisory board. E. The CLG may assume certain responsibilities of recommending National Register of Historic Places properties, identified in the CLG jurisdiction, directly to the State Historical Resources Commission. F. By mutual written agreement with the local governing body, the state may delegate additional responsibilities to the CLG. 6 245 1 | Page Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged by this ordinance. Chapter 13 - HERITAGE PRESERVATION Articles: Article 13-05 - GENERAL PROVISIONS Sections: 13-05.010 - Purpose. It is hereby declared as a matter of public policy that the recognition, preservation, enhancement and use of heritage resources within the City is required in the interest of the health, economic prosperity, cultural enrichment and general welfare of the people. The purpose of this Chapter is to: (a) Safeguard the heritage of the City by providing for the protection of irreplaceable heritage resources representing significant elements of its history; (b) Enhance the visual character of the City by encouraging and regulating the compatibility of architectural styles within historic areas which reflect established architectural traditions; (c) Encourage public knowledge, understanding and appreciation of the City's past, and foster civic and neighborhood pride and sense of identity based upon the recognition and use of the City's heritage resources; (d) Stabilize and improve property values within the City and increase the economic and financial benefits to the City and its inhabitants derived from the preservation, rehabilitation, and use of heritage resources; (e) Integrate the conservation of heritage resources into the public and private development process and identify as early as possible and resolve conflicts between the preservation of such resources and alternative land uses. 13-05.020 - Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise: (a) Alteration means any exterior change or modification of a designated historical landmark, heritage resource, or any property within a designated heritage lane or historic district including, but not limited to, exterior changes to or modifications of structure, architectural details or visual characteristics, grading, surface paving, the 246 2 | Page addition of new structures, removal or alteration of natural features, disturbance of archeological sites or areas, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, walls, fences, steps or gates affecting the exterior visual qualities of the property, but does not include painting, landscaping and ordinary maintenance. (b) Designated h Heritage lane means a public right-of-way such as a street, road, avenue, boulevard, pathway or trail that has been designated as a heritage resource pursuant to this Chapter and excludes; it does not include properties abutting any such public right-of-way designated as a. (c) Designated h Historic district means a distinct section of the City, specifically defined in terms of geographic boundaries, designated as a heritage resource pursuant to this Chapter. (d) Designated h Historic landmark means a building, improvement, structure, natural feature, site or area of land under single or common ownership, designated as a heritage resource pursuant to this Chapter. (e) Exterior architectural feature means the architectural elements embodying style, design, general arrangement and components of all the outer surfaces of an improvement, including but not limited to, the kind and texture of building materials and the type and style of windows, doors, lights, signs and other fixtures appurtenant to such improvement. (f) Heritage Preservation Commission means the historical preservation commission established pursuant to this Chapter and Commissioner means a member of the Heritage Preservation Commission. (g) Commission staff means the Planning Community Development Director and his/her authorized representatives. (h) Heritage resource means any public or private property designated by the City, pursuant to this Chapter, as a historic landmark, heritage lane, or historic district, and those properties listed on the City's Heritage Resource Inventory. (i) Heritage Resource Inventory means the City's official inventory of heritage resources, as adopted and amended from time to time by resolution of the Heritage Preservation Commission. A property may be listed on the Heritage Resource Inventory without being designated pursuant to this Chapter as a historic landmark, heritage lane or historic district. (j) Improvement means any building, structure, parking facility, fence, gate, wall, work of art or other appurtenance or addition thereto constituting a physical betterment of real property, or any part of such betterment. (k) Public Right-of-Way shall have the meaning set forth in section 15-06.570(a) of this Code. Article 13-10 - HERITAGE PRESERVATION COMMISSION[1] Sections: 247 3 | Page Footnotes: --- (1) --- Editor's note— Ord. No. 340, § 1(Att. A, § 11), adopted July 6, 2016, repealed the former § 13- 10.020, which pertained to term of office and derived from original codification, and renumbered subsequent sections as herein set out. 13-10.010 - Creation; qualification and residency of members. There is hereby established a Heritage Preservation Commission consisting of five unpaid members who shall be appointed by the City Council and shall all have a demonstrated interest in, competence or knowledge in historic preservation. In addition: (a) One of the members shall have been a candidate nominated by the Saratoga Historical Foundation. (b) A minimum of two of the members should be encouraged to appointed shall be appointed from among the disciplines of architecture, history, architectural history, planning, archeology or other historic preservation related disciplines such as urban planning, architecture/construction, American studies, American civilization, cultural geography or cultural anthropology, to the extent that such professionals are available in the community. The candidate nominated by the Saratoga Historical Foundation can qualify as this professional member. (Ord. No. 356, § 1(Att. A), 10-3-2018) 13-10.020 - Vacancy and removal. In the event of a vacancy occurring during the term of a Commissioner where such Commissioner is required to have special qualifications, such vacancy shall be filled by interim appointment with a person having such qualifications. (Amended by Ord. No. 340, § 1(Att. A, § 11), 7-6-2016) 13-10.030 - Organization. (a) The Community Development Director or designee shall act as Secretary for the Heritage Preservation Commission, shall be the custodian of its records, shall conduct official correspondence and shall generally supervise the clerical and technical work performed at the request or on behalf of the Heritage Preservation Commission. (b) The Heritage Preservation Commission shall meet quarterly, or more frequently upon call of the Chair or Commission staff, as necessary. All meetings shall be open to the public and a public record shall be kept of all Commission proceedings and actions. A majority of Commissioners shall constitute a quorum, with the Chair having a vote. (Amended by Ord. No. 340, § 1(Att. A, § 11), 7-6-2016) 248 4 | Page 13-10.040 - Powers and duties. The Heritage Preservation Commission shall be advisory only to the City Council, the Planning Commission and the agencies and departments of the City, and shall establish liaison and work in conjunction with such authorities to implement the purposes of this Chapter. The Heritage Preservation Commission shall have the following powers and duties: (a) Conduct, or cause to be conducted, a comprehensive survey of properties within the boundaries of the City for the purpose of establishing the Heritage Resource Inventory. To qualify for inclusion in the Heritage Resource Inventory, a property must satisfy any one or more of the criteria listed in Section 13-15.010 of this Chapter. The Inventory which shall be publicized and periodically updated, and a copy thereof shall be kept on file in the Planning Department. (b) Recommend to the City Council specific proposals for designation as a historic landmark, heritage lane or historic district. (c) Recommend to the appropriate City agencies or departments projects and action programs for the recognition, conservation, enhancement and use of the City's heritage resources, including standards to be followed with respect to any applications for permits to construct, change, alter, remodel, remove or otherwise affect such resources. (d) Review and comment upon existing or proposed ordinances, plans or policies of the City as they relate to heritage resources. (e) Review and comment upon all applications for building, demolition, grading or tree removal permits involving work to be performed upon or within a designated historic landmark, heritage lane or historic district, and all applications for tentative map approval, rezoning, building site approval, use permit, variance approval, design review or other any work, permit, or approval pertaining to or significantly affecting any heritage resource. The Heritage Preservation Commission’s review for work concerning a heritage lane shall be limited to applications for work to be performed directly upon or within a designated heritage lane. The Commission's comments shall be forwarded to the City agency or department processing the application within thirty days after receiving the request for such comments. (f) Investigate and report to the City Council on the availability of federal, state, county, local or private funding sources or programs for the rehabilitation and preservation of heritage resources. (g) Cooperate with county, state and federal governments and with private organizations in the pursuit of the objectives of heritage conservation. (h) Upon the request of a property owner or occupant and at the discretion of the Heritage Preservation Commission, render advice and guidance on the conservation, rehabilitation, alteration, decoration, landscaping or maintenance of any heritage resource; such voluntary advice and guidance shall not impose any regulation or control over any property. (i) Participate in, promote and conduct public information and educational programs pertaining to heritage resources. 249 5 | Page (j) Perform such other functions as may be delegated to it by resolution or motion of the City Council. (Amended by Ord. No. 340, § 1(Att. A, § 11), 7-6-2016) Article 13-15 - DESIGNATION OF A HERITAGE RESOURCE Sections: 13-15.010 - Criteria. The Heritage Preservation Commission may recommend to the City Council designation of a proposal as a historic landmark, heritage lane or historic district if it satisfies any two or more of the criteria listed below and also retains a substantial degree of architectural and structural integrity with respect to the original design, as determined by the Heritage Preservation Commission. To qualify for inclusion in the Heritage Resource Inventory without being designated as a historic landmark, heritage lane or historic district, a property must satisfy any one or more of the criteria listed below. (a) It exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history of the City, the County, the State or the nation; or (b) It is identified with persons or events significant in local, county, state or national history; or (c) It embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials; or (d) It is representative of the notable design or craft of a builder, designer, or architect; or (e) It embodies or contributes to unique physical characteristics representing an established and familiar visual feature of a neighborhood or district within the City; or (f) It represents a significant concentration or continuity of site, buildings, structures or objects, unified by past events or aesthetically by plan or physical or natural development; or (g) It embodies or contributes to a unique natural setting or environment constituting a distinct area or district within the City having special character or special historical, architectural or aesthetic interest or value. 13-15.020 - Applications. (a) Applications for designation as a historic landmark, heritage lane or historic district, or for inclusion on the Heritage Resource Inventory without being designated as a historic landmark, heritage lane or historic district, may be submitted to the Heritage Preservation Commission by any of the following: (1) The owner or owners of a building, improvement, structure, natural feature, site or area of land, requesting designation of their property as a historic landmark or 250 6 | Page requesting inclusion of their property on the Heritage Resource Inventory without being designated as a historic landmark; (2) The owners of at least sixty percent of the frontage of all recorded lots abutting a street, road, avenue, boulevard, pathway or trail, or portion thereof public right-of- way, requesting designation as a heritage lane; (3) The owners of at least sixty percent of the area of all recorded lots within a specific geographic section of the City, requesting designation of the entire section as a historic district. (b) The City Council or the Planning Commission may also, by resolution or motion, refer a proposed designation to the Heritage Commission for its recommendation and the Heritage Commission may consider a proposed designation upon its own initiative. 13-15.030 - Study of proposal. The Heritage Preservation Commission shall conduct a study of the proposed designation, based upon such information or documentation as it may require from the applicant, the Commission staff, or from other available sources. Public hearings shall not be required, but the Commission may, in its discretion, receive written or verbal comments from any persons having an interest in the proposal or any information relevant thereto. 13-15.040 - Objections to proposals Proposed Designations. The City Council or the Planning Commission may, by resolution or motion, refer a proposed designation to the Heritage Preservation Commission for its recommendation and the Heritage Preservation Commission may consider a proposed designation upon its own initiative. (a) In the event designation of a historic landmark, heritage lane or historic district is proposed by the City Council or Planning Commission or considered by the Heritage Preservation Commission upon its own initiative, and in the further event the Heritage Preservation Commission, as a result of its study of the proposal, determines that the proposal should be recommended to the City Council for designation, the Heritage Preservation Commission shall mail written notice of its intended recommendation to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is the subject of the proposed designation. Such written notice shall contain a complete description of the proposed designation and shall advise the property owners that written objections to the proposal may be filed with the Heritage Commission within forty- five days from the date of the notice. (b) If objections are filed by the owner of any property proposed to be designated as a historic landmark or by the owners of at least forty-one percent of the frontage of all recorded lots abutting a proposed heritage lane, or by the owners of at least forty-one percent of the area of all recorded lots within a proposed historic district, the Heritage Preservation Commission shall discontinue any further consideration of the proposal. Such proposal may not again be considered for designation for at least twelve months after the date of mailing the notice to the property owners unless, prior to the expiration of such twelve-month period: 251 7 | Page (1) The owner or owners of a proposed historic landmark withdraw their objection; or (2) A sufficient number of owners of recorded lots abutting a proposed heritage lane or recorded lots within a proposed historic district withdraw their objections so as to reduce the total percentage of objectors to less than forty-one percent; or (3) In the case of a proposed heritage lane or historic district, the Heritage Preservation Commission decides to modify the proposal by reducing the size or boundaries thereof so as to reduce the total percentage of objectors to less than forty-one percent. (c) In the event inclusion on the Heritage Resource Inventory is proposed by the City Council or Planning Commission or considered by the Heritage Preservation Commission upon its own initiative, and in the further event the Heritage Preservation Commission, as a result of its study of the proposal, determines that the proposal should be included in the Heritage Resource Inventory the Heritage Preservation Commission shall mail written notice of its intent to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is proposed to be included in the Heritage Resource Inventory. Such written notice shall contain a complete description of the proposed action and shall advise the property owners that written consent to the proposed action is required. If consent is not received the property shall not be included on the Heritage Resource Inventory. 13-15.050 - Recommendation by Heritage Preservation Commission. Provided the Heritage Preservation Commission is not required to discontinue consideration of a proposal by reason of objections raised and the property owner has provided written consent to the inclusion of the proposal on the Heritage Resource Inventory or other proposed designation pursuant to Section 13-15.040, the Heritage Preservation Commission shall render a written report within a reasonable time accompanied by all of the information and documentation reviewed by the Heritage Preservation Commission. The report shall either recommend the designation as originally proposed, recommend a modified designation or recommend that the proposed designation be rejected. The report shall set forth in detail the reasons for the Heritage Preservation Commission's decision and the information and documentation relied upon in support thereof. A copy of the report shall be sent to the property owner or owners. 13-15.060 - Historic landmark. (a) The report and recommendations of the Heritage Preservation Commission on a proposed historic landmark, together with the information and documentation pertaining thereto, shall be forwarded to the City Council. The City Council shall consider the report at its next available regular meeting and determine whether or not to accept the Heritage Preservation Commission's recommendations. The City Council shall by ordinance either approve the proposed historic landmark designation, in whole or in part or as modified, or shall by motion disapprove the proposal in its entirety. 252 8 | Page (b) Until final action has been taken by the City Council on the proposed designation as a historic landmark, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be formed upon or within the property which is the subject of the proposed designation, unless approved by the Heritage Preservation Commission or the City Council. This restriction shall become effective as of the time the application for designation is filed, or upon the expiration of time for filing objections in response to the notice given pursuant to Subsection 13-15.040(a) of this Article, as the case may be. (c) In the event an designating ordinance designating a historic landmark is adopted by the City Council, such ordinance shall become effective thirty days following adoption thereof and the designated property shall thereafter be subject to the regulations set forth in this Chapter and such further restrictions or controls as may be specified in the designating ordinance. (d) Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the City, the County, the State or the nation, and satisfies one or more of the criteria set forth in Section 13-15.010. 13-15.070 - Heritage lane or historic district. (a) Report to Planning Commission. The report and recommendations of the Heritage Preservation Commission on a proposed heritage lane or historic district, together with the information and documentation pertaining thereto, shall be forwarded to the Planning Commission. (b) Public hearing; notice. The Planning Commission shall conduct a public hearing on the proposed designation within sixty days after receipt of the Heritage Preservation Commission's report. Notice of the public hearing shall be given in the manner provided in Section 13-15.080. (c) Actions of Planning Commission. The Planning Commission shall either recommend approval of the designation as originally proposed, or approval of the designation as modified by the Heritage Preservation Commission or the Planning Commission or both, or recommend that the proposed designation be rejected. If the Planning Commission recommends approval or modified approval of the designation, it shall instruct the Commission staff to prepare and shall approve a proposed form of ordinance for adoption by the City Council designating the heritage lane or historic district and establishing a zoning overlay for such lane or district. The proposed ordinance may include such regulations or controls over the designated property as the Planning Commission deems reasonably necessary for the conservation, enhancement and preservation thereof. (d) Transmittal of documents to City Council. The recommendations of the Planning Commission, together with the report and recommendations of the Heritage Preservation Commission and the information and documentation pertaining thereto, and the proposed ordinance, if any, shall be transmitted to the City Council and considered at its next available regular meeting. (e) Actions of City Council. If the City Council determines that the proposed heritage lane or historic district should be considered for designation as a heritage resource, it shall adopt a resolution initiating final designation proceedings. Such resolution shall schedule a public 253 9 | Page hearing on the proposed designation to be conducted within sixty days. Notice of the public hearing shall be given in the manner provided in Section 13-15.080. The resolution may further provide that during the pendency of the final designation proceedings, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be performed upon or within the property which is the subject of the proposed designation, or may be issued only upon specified conditions or under specified circumstances. (f) Adoption or disapproval. At the conclusion of the public hearing, but in no event later than sixty days from the date set in the resolution for the initial public hearing, the City Council shall either adopt an ordinance designating the heritage lane or historic district, in whole or in part, or as modified, or shall by motion disapprove the proposal in its entirety. (g) Effective date. In the event a designating ordinance is adopted by the City Council, such ordinance shall become effective thirty days following adoption thereof and the designated property shall thereafter be subject to the regulations set forth in this Chapter and such further regulations or controls as may be specified in the designating ordinance. (h) Findings and criteria for adoption of ordinance. Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the City, the County, the State or the nation, and satisfies one or more of the criteria set forth in Section 13-15.010. 13-15.080 - Notice of public hearings. (a) Notice of the time, place and purpose of public hearings conducted by the City Council and the Planning Commission pursuant to this Chapter shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing such notice as follows: (1) In the case of a proposed heritage lane, notice shall be sent to all persons whose names appear on the latest available tax roll of the County as owning any property abutting the proposed heritage lane. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. (2) In the case of a proposed historic district, notice shall be mailed to all persons shown on the latest available tax roll of the County as owning any property within the boundaries of the proposed district. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. (b) Failure to send any notice by mail to any property owner whose name and address is not a matter of public record shall not invalidate any proceedings in connection with a proposed designation. The City Council or Planning Commission may, but shall not be obligated, to give such other notices as they deem appropriate or desirable. 13-15.090 - Notice of designation. (a) Following adoption by the City Council of an ordinance designating a historic landmark, heritage lane or historic district, the Commission staff shall send notice of the designation, together with a copy of the ordinance, to the owner or owners of the designated historic 254 10 | Page landmark, or the owners of all property abutting a designated heritage lane, or the owners of all property within a designated historic district. The notice shall inform such owners that the designated property will be added to the Saratoga Heritage Resource Inventory and may be eligible for certain privileges and benefits under local, state or federal law. The notice shall include a statement of the regulations and restrictions upon the designated property. The Commission staff shall also send notice of the designation to: (1) The Heritage Preservation Commission. (2) The Planning Commission. (3) Any agency or department of the City requesting such notice or affected by the designation. (4) The Saratoga Historical Foundation. (5) The Santa Clara County Historical Heritage Commission. (6) The California State Historic Preservation Officer. (7) The Saratoga News. (b) Notice of the designation and the complete legal description of the designated property shall be recorded in the office of the Recorder for the County. 13-15.100 - Termination of designation. (a) The owner or owners of a designated historic landmark or of a property listed on the Heritage Resource Inventory but not specifically designated as a historic landmark, or the owners of not less than sixty percent of the frontage of all recorded lots abutting a designated heritage lane, or the owners of not less than sixty percent of the area of all recorded lots within a designated historic district, may apply to the Heritage Preservation Commission for termination of the designation. The application shall contain a detailed description of all facts and circumstances relied upon by the applicant as reasons for termination. (b) The same procedures, notices and hearings shall apply to the termination proceedings as set forth in Section 13-15.030 and Sections 13-15.050 through 13-15.080 of this Article. (c) A designation may be terminated only upon a finding by the City Council that as a result of change in circumstances, the designation is no longer consistent with the purposes and objectives of this Chapter and no longer satisfies any of the criteria set forth in Section 13- 15.010. (d) Upon termination of a designation, notices shall be sent to the same persons, commissions and agencies as set forth in Section 13-15.090, and a notice of termination shall also be recorded in the office of the Recorder for the County. Article 13-20 - PERMITS Sections: 13-20.010 - Permit required. 255 11 | Page It is unlawful for any person to alter, demolish, remove, relocate or otherwise change any exterior architectural feature or natural feature of a designated historic landmark or to construct, alter, demolish, remove or relocate any building, improvement or other structure upon any property located within a designated heritage lane or historic district, or to place, erect, alter or relocate any sign upon or within a designated historic landmark, heritage lane or historic district heritage resource, without first obtaining a written permit to do so in the manner provided in this Article; provided, however, that the foregoing requirements shall not apply when alternative permit requirements for a specific historic landmark, heritage lane, or historic district have been specified by the ordinance designating the landmark, lane, or district. (Amended by Ord. 213 § 3(A), 2002) 13-20.020 - Applications. Applications for permits, on forms prescribed by the Heritage Commission, shall be submitted to the Planning Community Development Director, who shall forward the application to the Heritage Preservation Commission for review and comment. The application shall be accompanied by a filing fee to cover the administrative cost of handling the permit request. 13-20.030 - Supporting data. The application shall include the following data: (a) Documentation establishing ownership of the designated property by the applicant for the permit. (b) A clear statement of the proposed work. (c) A site plan showing all existing buildings, structures, trees over twelve inches in diameter, property lines, easements and the proposed work. (d) Plans showing the exterior elevations, materials and grading of the proposed work. (e) Where the application is for demolition, a detailed statement of the necessity for demolition together with photographs of the structure to be demolished. (f) Such other information or documents as may be requested by the Heritage Preservation Commission. (g) Historic resource evaluation provided by a licensed historic architect or historic consultant professional 13-20.040 - Heritage Preservation Commission action. The Heritage Preservation Commission shall complete its review and issue a recommendation to the Planning Community Development Director within thirty days after receipt of the application, filing fee and all supporting data. Unless legally required, there shall be no notice, posting or publication requirements for action on the application, but all decisions shall be made at regular or noticed special meetings of the Heritage Preservation Commission. 256 12 | Page The Heritage Preservation Commission's recommendation shall be in writing and shall state the reasons relied upon in support thereof. Upon receipt of the Heritage Preservation Commission's recommendations, the Planning Community Development Director shall forward a copy thereof to the applicant. 13-20.050 - Issuance of permit. If the Heritage Preservation Commission recommends issuance of the permit requested in the application, or issuance of such permit subject to conditions, the Planning Community Development Director shall proceed to issue the permit in accordance with the recommendation after the expiration of ten days from the date the recommendation is delivered to the Planning Community Development Director, provided that no appeal has been filed during such time and provided further, that no other approval under this Code is required for issuance of such permit. In the event the Heritage Preservation Commission recommends denial of the application, the Planning Community Development Director shall notify the applicant that the requested permit will not be granted. 13-20.060 - Appeal. (a) Any recommendations issued by the Heritage Preservation Commission with respect to the granting or denial of a permit may be appealed by the applicant or any interested person to the Planning Commission. The appeal shall be taken by filing with the Secretary of the Planning Commission a written notice thereof within ten days from the date the Heritage Preservation Commission delivers its recommendation to the Planning Community Development Director. The notice of appeal shall be signed by the appellant and shall set forth all of the grounds for the appeal, together with a filing fee to cover the administrative cost of handling the appeal. Upon receipt of the notice of appeal and filing fee, the Secretary of the Planning Commission shall set the appeal for hearing at the next available regular meeting of the Planning Commission. The Planning Commission shall conduct a hearing de novo on the appeal and may adopt, reject or modify the recommendations of the Heritage Preservation Commission. (b) The decision of the Planning Commission may be further appealed to the City Council by either the applicant or any interested person, in accordance with the procedure set forth in Section 2-05.030 of this Code. 13-20.070 - Criteria. The Planning Community Development Director, on the recommendation of the Heritage Preservation Commission, or the Planning Commission or City Council on appeal, shall authorize issuance of a permit, or a conditional permit, if and only if, it is determined that: (a) The proposed work is consistent with the purposes and objectives of this Chapter. (b) The proposed work does not adversely affect the character of the designated historic landmark, heritage lane or historic district. (c) In the case of construction of a new building, structure or other improvement upon or within a designated historic landmark, heritage lane or historic district, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of the existing landmark, lane or district. 257 13 | Page 13-20.080 - Hardship. Notwithstanding Section 13-20.070, the Planning Community Development Director, on the recommendation of the Heritage Preservation Commission, or the Planning Commission or City Council on appeal, may approve an application for a permit to conduct any proposed work upon or within a designated historic landmark or property located within a designated heritage lane or historic districtheritage resource, if the applicant presents clear and convincing evidence demonstrating that a disapproval of the application will work immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work or because of conditions peculiar to the particular improvement, building, structure, topography or other feature involved. If a hardship is found to exist under this Section, the Heritage Preservation Commission or the Planning Commission or City Council shall make a written finding to that effect, and shall specify the facts and reasons relied upon in making such finding. Article 13-25 - MISCELLANEOUS PROVISIONS Sections: 13-25.010 - Fees. (a) No fee shall be charged for the filing, processing or public noticing of any application for designation or any application for termination of a designation. (b) The City Council shall by resolution adopt a schedule of fees to be charged for the filing and processing of applications for any permit required under Section 13-20.010, and appeals to the Planning Commission and City Council pursuant to Section 13-20.060. 13-25.020 - Ordinary maintenance and repair. Nothing in this Chapter shall be construed to prevent the ordinary maintenance, painting, landscaping or repair of any exterior feature in or upon any designated historic landmark or property located within a designated heritage lane or historic districtheritage resource that does not involve a change in design, material or the external appearance thereof, nor does this Chapter prevent the construction, reconstruction, alteration, restoration, demolition or removal of any designated historic landmark or property located within a designated heritage lane or historic district which has been certified by the City building inspector, or fire chief, or other code enforcement officer as being in unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code. 13-25.030 - Duty to keep in good repair. The owner, occupant, or the person in actual charge of a designated historic landmark or property located within a designated heritage lane or historic district shall keep and maintain in good condition and repair all exterior portions thereof, all interior portions thereof when subject to special regulation or control as specified in the designating ordinance or permit, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature or natural feature. 13-25.040 - Enforcement. 258 14 | Page (a) The violation of any provision contained in this Chapter is hereby declared to be unlawful and shall constitute a misdemeanor, subject to the penalties as prescribed in Chapter 3 of this Code. (b) The Planning Community Development Director shall have the duty and authority to enforce the provisions of this Chapter, and any other laws, rules or regulations of the City which govern or relate to the issuance of permits for work to be performed upon or within a designated historic landmark or property located within a designated heritage lane or historic district, by any or all of the following means: (1) Serving notice upon the owner or occupant requiring the correction or removal of any violation of this Chapter. (2) Issuance of citations for violation of any provision of this Chapter. (3) Authorizing and instructing the City Attorney to initiate appropriate legal proceedings against any person who violates this Chapter, including actions for injunctive relief to restrain or enjoin such violation. (4) Request enforcement assistance from the County Sheriff's Department and the City Community Service Officers. 259 Ordinance Discussion Preface The Ordinance needs to be reviewed for accuracy and for current operation. As an example: *The definitions need to be revised. * Writing style--negative words such as "limited to" should be removed. *"Standards" should be specified as Secretary of Interior's Standards to meet CLG requirements *Process of listing on the heritage inventory has to be specified *Removal from the HRI (Heritage Resource Inventory) should be explained * Explanation of who and how commissioners are selected (including term length) * Zoning ordinance needs to be updated to reflect the desire to preserve homes and structures and not sound so limited * Mills Act contract process needs to be defined * Process should include adequate time for the HPC to review heritage structures to be properly analyzed for changes and the ability to ask for professional assistance if needed * Comparison of ordinance of other city's of comparable size Please review the PDF for some of the suggested changes. Thank you. 260 1 Text to be added is indicated in bold underlined font (e.g., bold-underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough). Text in standard font remains unchanged by this ordinance. Text in red for notes submitted and yellow for accenting some changes. Chapter 13- HERITAGE PRESERVATION Articles: Article 13-05- GENERAL PROVISIONS Sections: 13-05.010 -Purpose. It is hereby declared as a matter of public policy that the recognition, preservation, enhancement and use of heritage resources with the City is required in the interest of the health, economic properity, cultural enrichment and general welfare of the people. The purpose of this Chapter is to: (a) Safeguard the heritage of the city by providing for the protection of irreplaceable heritage resources representing significant elements of its history; (b) Enhance the visual character of the City by encouraging and regulating the compatibility of architectural styles within historic areas which reflect established architectural traditions; (c )Encourage public knowledge, understanding and appreciation of the City's past, and foster civic and neighborhood pride and sense of identity based upon the recognition and use of the City's heritage resources; (d) Stabilize and improve property values within the City and increase the economic and financial benefits to the City and its inhabitants derived from the preservation, rehabilitation, and use of heritage resources; ( e) Integrate the conservation of heritage resources into the public and private development process and identify as early as possible and resolve conflicts between the preservation of such resources and alternative land uses. 13-05.20 -Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise: (a) Alteration means any exterior change or modification of a designated historical landmark, heritage resource, or any property within a designated heritage lane or historic district including, but not limited to, exterior changes to or modifications of structure, architectural details or visual characteristics, grading, surface paving the addition of new structures, removal or alteration of natural features, disturbance of archeological sites or area, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, walls, fences, steps or gates affecting the exterior visual qualities of the property, but does not include painting, landscaping and ordinary maintenance. 261 2 (b) Designated b Heritage lane means a public right-of-way such as a street, road, avenue, boulevard, pathway or trail that has been designated as a heritage resource pursuant to this Chapter and excludes: it does not include properties abutting any such public right-of-way. ( c )Designated b Historic district means a building, improvement, structure, natural feature, site or area of land under single or common ownership, designated as a heritage resource pursuant to this Chapter. Note: Remove this for now until surveys confirm it. Note: Historic districts hall name geographically definable area of urban or rural character possessing a significant concentration or continuity of site, building, structures or objects unified by past events or aesthetically by plan or physical development. (d) Designated-b-Historic landmark means a building, improvement, structure, natural feature, site or areas of land under single or common ownership, designated as a heritage resource pursuant to this Chapter. Note: Historic landmarks. The term "historic landmarks" shall mean any of the following which have a special historical, architectural, cultural, aesthetic or engineering interest or value of an historical nature: 1. individual structure or portion thereof; 2. an integrated group of structures on a single lot; 3. a site or portion thereof; 4. or any combination of the above. ( e)Exterior architectural feature means the architectural elements embodying style, design, general arrangement and components of all the outer surfaces of an improvement, including but not limited to, the kind and texture of building materials and the type and style of windows, doors, lights, signs and other fixtures appurtenant to such improvements. (f) Heritage Preservation Commission means the historical preservation commission established pursuant to this Chapter and Commission means a member of the Heritage Preservation Commission. (g) Commission staff means the Planning Community Development Director and his/her authorized representatives. Note: State the Chapter 13 and how it is appointed. (h) Heritage resource means any public or private property designated by the City pursuant to this Chapter, as a historic landmark, heritage lane, or historic district, and those properties listed on the City's Heritage Resource Inventory. Note: City Council or HPC (i) Heritage Resource Inventory means the City's official inventory of heritage resources, as adopted and amended from time to time by resolution of the Heritage Preservation Commission. A property may be listed on the Heritage Resource Inventory without being designated pursuant to this Chapter as a historic landmark, heritage lane or historic district. Note: use CLG termnology (j) Improvement means any building, structure, parking facility, fence, gate, wall, work of art or other appurtenance or addition thereto constituting a physical betterment of real property, or any part of such betterment. (k) Public Right-of-Way shall have the meaning set forth in section 15-06.570 (a) of this Code. 262 3 Article 13-10- HERITAGE PRESERVATION COMMISSION (1) Sections: Note: Add process for demolition to section. Footnote1: Editor's note-- Ord. No. 340, 1 (Att. A. 11), adopted July 6, 2016, repealed the former 13- 10.020, which pertained to term of office and derived from original codification, and renumbered subsequent sections as herein set out. 13-10.00 Creation,: qualification and residency of members. There is hereby established a CLG qualified Heritage Preservation Commission consisting of five unpaid members who shall be appointed by the City Council and shall all have a demonstrated interest in, competence or knowledge in historic preservation. In addition: (a) One of the members shall have been a candidate nominated by the Saratoga Historical Foundation. (b) A minimum of two of the members should be encouraged to be appointed shall be appointed Note: Can be professionals from among the disciplines of architecture, history, architectural history, planning, archeology or other historic preservation related disciplines such as urban planning, architecture/construction, American studies, American civilization, cultural geography or cultural anthropology, to the extent that such professionals are available in the community. The candidate nominated by the Saratoga Historical Foundation can qualify as this professional member. Note: add residency requirement and term length. Ord. No. 356, 1 (att.A), 10-3-2018) 13-10.020- Vacancy and Removal. In the event of a vacancy occurring during the term of a Commissioner where such Commissioner is required to have special qualifications, such vacancy shall be filled by interim appointment with a person having such qualifications. (Amended by Ord. No. 340, 1 (att. A, 11), 7-6-2016) 13-10.30 Organization. (a) The Community Development Director or designee shall act as Secretary for the Heritage Preservation Commission, shall be the custodian of its records; shall conduct official correspondence; and shall generally supervise the clerical and technical work performed at the request or on behalf of the Heritage Preservation Commission. (b) The Heritage Preservation Commission shall meet quarterly, or more frequently upon call of the Chair or Commission staff, as necessary. All meetings shall be open to the public and a public record 263 4 shall be kept of all Commission proceedings and actions. A majority of Commissioners shall constitute a quorum, with the Chair having a vote. (Amended by Ord. No. 340, l (Att. 11), 7-6-2016). 13-10.040 - Powers and Duties. The Heritage Preservation Commission shall be advisory only to the City Council, the Planning Commission and the agencies and departments of the City, and shall establish liaison and work in conjunction with such authorities to implement the purposes of this Chapter. The Heritage Preservation Commission shall have the following powers and duties: (a) Conduct, or cause to be conducted, a comprehensive survey of properties within the boundaries of the City for the purpose of establishing the Heritage resource Inventory To qualify for inclusion in the Heritage Resource Inventory, a property must satisfy any one or more of the criteria listed in Section 13-15.010 of this Chapter. The Inventory which shall be publicized and periodically updated, and a copy there of shall be kept on file in the Planning Department. (b) Recommend to the City Council specific proposals for designation as a historic landmark, heritage lane or historic district. (c ) Recommend to the appropriate City agencies or department projects and action programs for the recognition, conservation, enhancement and use of the City's heritage resources, including Secretary of Interior standards to be followed with respect to any applications for permits to construct change, alter, remodel, remove or otherwise affect such resources. (d) Review and comment upon existing or proposed ordinances, plans or policies of the City as they relate to heritage resources. (e ) Review and comment upon all applications for building, demolition, grading, or tree removal permits involving work to be performed upon or within a designated historic landmark, heritage lane or historic district, and all applications for tentative map approval, rezoning, building site approval, use permit, variance approval, design review or other any work permit, or approval pertaining to or significantly affecting any heritage resource. The Heritage Preservation Commission's review for work concerning a heritage lane shall be limited to applications for work on heritage resources to be performed directly upon or within a designated heritage lane. The Commission's comments shall be forwarded to the City agency or department processing the application within thirty days after receiving the request for such comments. (f) Investigate and report to the City Council on the availability of federal, state, county, local or private funding sources or programs for the rehabilitation and preservation of heritage resources. (g) Cooperate with county, state and federal governments and with private organizations in the pursuit of the objectives of heritage conservation. (h) Upon the request of a property owner or occupant and at the discretion of the Heritage Preservation Commission, render advice and guidance on the conservation, rehabilitation, alteration, decoration, landscaping, or maintenance of any heritage resource such voluntary advice and guidance shall not impose any regulation or control over any property. (i) Participate in, promote and conduct public information and educational programs pertaining 264 5 to heritage resources. (j) Perform such other functions as may be delegated to it by resolution or motion of the City Council. (k) Note: maintain a comprehensive system for identifying evaluating inventory, and registering the city historical and cultural resources (Amended by Ord. No. 340 l (Att.A, 11), 7-6-2016) Article 13-15 DESIGNATION OF A HERITAGE RESOURCE Sections: 13-15.010- Criteria. The Heritage Preservation Commission may recommend to the City Council designation of a proposal as a historic landmark, heritage lane or historic district if it satisfies any two or more of the criteria listed below and also retains a substantial degree of architectural and structural integrity with respect to the original design, as determined by the Heritage Preservation Commission. To qualify for inclusion in the Heritage Resource Inventory without being designated as a historic landmark, heritage lane or historic district, a property must satisfy any one or more of the seven criteria listed below. (a) It exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history of the City, the County, the State or the nation; or (b) It is identified with persons or events significant in local, county, state or national history; or ( c) It embodies distinctive characteristics or a style, type, period or method of construction, or is a valuable example of the use of indigenous materials; or (d) It is representative of the notable design or craft of a builder, designer, or architect; or ( e) It embodies or contribute to unique physical characteristics representing an established and familiar visual feature of a neighborhood or district within the City; or (f) It represents a significant concentration or continuity of site, buildings, structures or objects, unified by past events or aesthetically by plan or physical or natural development; or (g) It embodies or contributes to a unique natural setting or environment constituting a distinct area or district within the City having special character or special historical, architectural or aesthetic interest or value. 13-15,012-Applications. (a) Applications for designation as a historic landmark, heritage lane or historic district, or for inclusion on the Heritage Resource Inventory without being designated as a historic landmark, heritage lane or historic district, may be submitted to the Heritage Preservation Commission by any of the following methods: (1) The owner or owners of a building, improvement, structure, natural feature, site or area of land, requesting designation of their property as a historic landmark or requesting 265 6 inclusion of their property on the Heritage Resource Inventory without being designated as a historic landmark: (2) The owners of at least sixty percent of the frontage of all recorded lots abutting a street, road, avenue, boulevard, pathway or trail, or portion thereof public right-of-way, and requesting designation as a heritage lane; (3) The owners of at least sixty percent of the area of all recorded lots within a specific geographic section of the City, requesting designation of the entire section as a historic district. b) The City Council or the Planning Commission may also by resolution or motion, refer a proposed designation to the Heritage Preservation Commission for its recommendation and the Heritage Preservation Commission may consider a proposed designation upon its own. initiative.Note this statement is below and a duplicate. 13-15.030 Study of Proposal. The Heritage Preservation Commission shall conduct a study of the proposed designation, based upon such information or documentation as it may require from the applicant, the Commission staff, or from other available sources. Public hearings shall not be required, but the Commission may, in its discretion, receive written or verbal comments from any persons having an interest in the proposal or any information relevant thereto. 13-15.040 Objections to Proposals Proposed Designations. The City Council or the Planning Commission may, by resolution or motion, refer a proposed designation to the Heritage Preservation Commission for its recommendation and the Heritage Preservation Commission may consider a proposed designation upon its own initiative. (a) In the event designation of a historic landmark, heritage lane or historic district is proposed by the City Council or Planning Commission or considered by the Heritage Preservation Commission upon its own initiative, and in the further event the Heritage Preservation Commission, as a result of its study of the proposal, determines that the proposal should be recommended to the City Council for designation, the Heritage Preservation Commission staff shall mail written notice of its intended recommendation to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is the subject of the proposed designation. Such written notice shall contain a complete description of the proposed designation and shall advise the property owners that written objections to the proposal may be filed with the Heritage Preservation Commission within forty-five days from the date of the notice. (b) If objections are filed by the owner of any property proposed to be designated as a historic landmark or by the owners of at least forty-one percent of the frontage of all recorded lots abutting a proposed heritage lane, or by the owners of at least forty-one percent of the area of all recorded lots within a proposed historic district, the Heritage Preservation Commission shall discontinue any further consideration of the proposal. Such proposal may not again be considered for designation for at least twelve months after the date of mailing the notice to the property owners unless, prior to the expiration of such twelve-month period: 266 7 (1) The owner or owners of a proposed historic landmark, withdraw their objection; or (2) A sufficient number of owners of recorded lots abutting a proposed heritage lane or recorded lots within a proposed historic district withdraw their objections so as to reduce the total percentage of objectors o less than forty-one percent; or (3) In the event inclusion on the Heritage Resource Inventory is proposed by the City Council or Planning Commission or considered by the Heritage Preservation Commission upon its own initiative, and in the further event the Heritage Preservation Commission, as a result of its study of the proposal, determines that the proposal should be included in the Heritage Resource Inventory the Heritage preservation Commission shall mail written notice of its intent to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is proposed to be included in the Heritage Resource Inventory. Such written notice shall contain a complete description of the proposed action and shall advise the property owners that written consent to the proposed action is required. If consent is not received the property shall not be included on the Heritage Resource Inventory. Note: Shouldn't need owner's consent. This is against CLG requirements. We are required to do surveys and maintain records with the city--How? needs to be added. Need to add info on the Mills Act. 13-15.050 Recommendation by Heritage Preservation Commission. Provided the Heritage Preservation Commission is not required to discontinue consideration of a proposal by reason of objections raised and the property owner has provided written consent to the inclusion of the proposal on the Heritage Resource Inventory or other proposed designation pursuant to Section 13-15.040, the Heritage Preservation Commission shall render a written report within a reasonable time accompanied by all of the information and documentation reviewed by the Heritage Preservation Commission. The report shall either recommend the designation as originally proposed, recommend a modified designation or recommend that the proposed designation be rejected. The report shall set forth in detail the reasons for the Heritage Preservation Commission's decision and the information and documentation relied upon in support thereof. A copy of the report shall be sent to the property owner or owners. 13-15.060 Historic Landmark. (a) The report and recommendation of the Heritage Preservation Commission on a proposed historic landmark, together with the information and documentation pertaining thereto, shall be forwarded to the City Council. The City Council shall consider the report at its next available regular meeting and determine whether or not to accept the Heritage Preservation Commission's recommendations. The City Council shall by ordinance either approve the proposed historic landmark designation, in whole or in part or as modified or shall by motion disapprove the proposal in its entirety. (b) Until final action has been taken by the City Council on the proposed designation as a historic landmark, no building, alteration, grading, demolition or tree removal permit shall be issued 267 8 for any work to be formed upon or within the property which is the subject of the proposed designation, unless approved by the Heritage Preservation Commission or the City Council. This restriction shall become effective as of the time the application for designation is filed, or upon the expiration of time for filing objections in response to the notice given pursuant to Subsection 13-15.040 (a) of this Article, as the case may be. ( c) In the event as designating ordinance designating a historic landmark is adopted by the City Council, such ordinance shall become effective thirty days following adoption thereof and the designated property shall thereafter be subject to the regulations set forth in this Chapter and such further restrictions or controls as may be specified in the designating ordinance. (d) Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the city, the County, the State or the nation, and satisfies one or more of the criteria set forth in Section 13-15.010. 13-15.070 Heritage Lane or Historic District (a) Report to Planning Commission. The report and recommendations of the Heritage Preservation Commission on a proposed heritage lane or historic district, together with the information and documentation pertaining thereto, shall be forwarded to the Planning Commission. (b) Public hearing; notice. The Planning Commission shall conduct a public hearing on the proposed designation within sixty days after receipt of the Heritage Preservation Commission's report. Notice of the public hearing shall be given in the manner provided in Section 13-15-080. ( c) Actions of Planning Commission. The Planning Commission shall either recommend approval of the designation as originally proposed, or approval of the designation as modified by the Heritage Preservation Commission or the Planning Commission or both, or recommend that the proposed designation be rejected. If the Planning Commission recommends approval or modified approval of the designation, it shall instruct the Commission staff to prepare and shall approve a proposed form of ordinance for adoption by the City Council designating the heritage lane or historic district and establishing a zoning overlay for such lane or district. The proposed ordinance may include such regulations or controls over the designated property as the Planning Commission deems reasonable necessary for the conservation, enhancement and preservation thereof. (d) Transmittal of documents to City Council. The recommendations of the Planning Commission, together with the report and recommendations of the Heritage Preservation Commission and the information and documentation pertaining thereto, and the proposed ordinance, if any, shall be transmitted to the City Council and considered at its next available regular meeting. ( e) Actions of City Council. If the City Council determines that the proposed heritage lane or historic district should be considered for designation as a heritage resource, it shall adopt a resolution initiating final designation proceedings. Such resolution shall schedule a public 268 9 hearing on the proposed designation to be conducted within sixty days. Notice of the public hearing shall be given in the manner provided in Section 13-15.080. The resolution may further provide that during the pendency of the final designation proceedings, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be performed upon or within the property which is the subject of the proposed designation, or may be issued only upon specified conditions or under specified circumstances. (f) Adoption or disapproval. At the conclusion of the public hearing, but in no event later than sixty days from the date set in the resolution for the initial public hearing, the City Council shall either adopt an ordinance designating he heritage lane or historic district, in whole or in part, or as modified, or shall by motion disapprove the proposal in its entirety. (g) Effective date. In the event a designating ordinance is adopted by the City Council, such ordinance shall become effective thirty days following adoption thereof and the designated property shall thereafter be subject to the regulation set forth in this Chapter and such further regulations or controls as may be specified in the designating ordinance. (h) Findings and criteria for adoption of ordinance. Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural, or aesthetic interest or value as part of the heritage or history of the City, the County, the state or the nation, and satisfies one or more of the criteria set forth in Section 13-15.010. 13-15.080 Notice of Public Hearings. (a) Notice of the time, place and purpose of public hearings conducted by the City Council and the Planning Commission pursuant to the Chapter shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing such notice as follows: (1) In the case of a proposed heritage lane, notice shall be sent to all persons whose names appear on the latest available tax roll of the County as owning any property abutting the proposed heritage lane. Notice of the public hearing shall also be published once in a newspaper having general circulation int eh City not later than ten days prior to the date of the hearing. (2) In the case of a proposed historic district, notice shall be mailed to all persons shown on the latest available tax roll of the County as owning any property within the boundaries of the proposed district. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. (b) Failure to send any notice by mail to any property owner whose name and address is not a matter of public record shall not invalidate any proceedings in connection with a proposed designation. The City Council or Planning Commission may, but shall not be obligated to give such other notices as they deem appropriate or desirable. 13-15.090 Notice of Designation. (a) Following adoption by the City Council of an ordinance designating a historic landmark, heritage lane or historic district, the Commission staff shall send notice of the designation, together with a copy of the ordinance, to the owner or owners of the designated historic landmark, or the owners of 269 10 all property abutting a designated heritage lane, or the owners of all property within a designated historic district. The notice shall inform such owners that the designated property will be added to the Saratoga Heritage Resource Inventory and may be eligible for certain privileges and benefits under local, state or federal law. The notice shall include a statement of the regulations and restrictions upon the designated property. The Commission staff shall also send notice of the designation to: 1. The Heritage Preservation Commission 2. The Planning Commission 3. Any agency of department of the City requesting such notice of affected by the designation. 4. The Saratoga Historical Foundation 5. The Santa Clara County Historical Heritage Commission 6. The California State Historic Preservation Officer 7. The Saratoga News (b) Notice of the designations and the complete legal description of the designated property shall be recorded in the office of the Recorder of the County. 13-15.100 Termination of Designation. (a) The owner or owners of a designated historic landmark or of a property listed on the Heritage Resource Inventory but not specifically designated as a historic landmark, or the owners of not less than sixty percent of the frontage of all recorded lots abutting a designated heritage lane, or the owners of not less than sixty percent of the area of all recorded lots within a designated historic district, may apply to the Heritage Preservation Commission for termination of the designation. The application shall contain a detailed description of all facts and circumstances relied upon by the applicant as reasons for termination. (b) The same procedures, notices and hearings shall apply to the termination proceedings as set forth in Section 13-15.030 and Sections 13-15.050 through 12-15.080 of this Article. ( c) A designation may be terminated only upon a finding by the City Council that as a result of change in circumstances, the designation is no longer consistent with the purposes and objectives of this Chapter and no longer satisfies any of the criteria set forth in Section 13- 15.010. (d) Upon termination of a designation, notices shall be sent to the same persons, commissions and agencies as set forth in Section 13-15.090, and a notice of termination shall also be recorded in the office of the Recorder for the County. Article 13-20 PERMITS Section: 13-20.010 Permit required. It is unlawful for any person to alter, demolish, remove, relocate or otherwise change any exterior architectural feature or natural feature of a designated historic landmark or to construct, alter, demolish, remove or relocate any building, improvement or other structure upon any property located 270 11 within a designated heritage lane or historic district, or to place, erect, alter or relocated any sign upon or within a designated historic landmark, heritage lane or historic district heritage resource without first obtaining a written permit to do so in the manner provided in this Article; provided, however, that the foregoing requirements shall not apply when alternative permit requirements for a specific historic landmark, heritage lane, or historic district have been specified by the ordinance designating the landmark, lane, or district. (Amended by Ord. 213 3(A), 2002) 13-20.030 Supporting Data. The application shall include the following data: (a) Documentation establishing ownership of the designated property by the applicant for the permit (b) A clear statement of the proposed work. ( c) A site plan showing all existing buildings, structures, trees over twelve inches in diameter, property lines, easements and the proposed work. (d) Plans showing the exterior elevations, materials and grading of the proposed work. € Where the application is for demolition, a detailed statement of the necessity for demolition together with photographs of the structure to be demolished. (f) Such other information or documents as may be requested by the Heritage Preservation Commission (g) Historic resource evaluation provided by a licensed historic architect or historic consultant professional. Note: Report should not be disclosed to the applicant. Fees collected at time of submttal 13-20.040 Heritage Preservation Commission action. The Heritage Preservation Commission shall complete its review and issue a recommendation to the Planning Community Development Director within thirty days after receipt of the application, filing fee and all supporting data. Unless legally required, there shall be no notice, posting or publication requirements for action on the application, but all decisions shall be made at regular or noticed special meetings of the Heritage Preservation Commission. The Heritage Preservation Commission's recommendation shall be in writing and shall state the reasons relied upon in support thereof. Upon receipt of the Heritage Preservation Commission's recommendations, the Planning Community Development Director shall forward a copy thereof to the applicant. Note: A notification should be sent to commissioners as well as all HP applications filed with the City. 13-20.060 Appeal (a) Any recommendations issued by the Heritage Preservation Commission with respect to the granting or denial of a permit may be appealed by the applicant or any interested person to the Planning Commission. The appeal shall be taken by filing with the Secretary of the Planning Commission a written notice thereof within ten days from the date the Heritage Preservation Commission delivers its recommendation to the Planning Community Development Director. Then notice of appeal shall be signed by the appellant and shall set forth all of the grounds for the appeal, together with a filing fee to cover the administrative cost of handling the appeal. Upon receipt of the notice of appeal and filing fee, the Secretary 271 12 of the Planning Commission shall set the appeal for hearing at the next available regular meeting of the Planning Commission. The Planning Commission shall conduct a hearing de novo on the appeal and may adopt, reject or modify the recommendations of the Heritage Preservation Commission. (b) The decision of the Planning Commission may be further appealed to the City Council by either the applicant or any interested person, in accordance with the procedure set forth in Section 2-05.030 of this Code. Note: In some instances, HPC should be given one month to review an application as well as have funds to hire their own expert to rebut changes. 13-20.070 Criteria. The Planning Community Development Director, on the recommendation of the Heritage Preservation Commission, or the Planning Commission or City Council on appeal, shall authorize issuance of a permit, or a conditional permit, if and only if, it is determined that: (a) The proposed work is consistent with the purposes and objectives of this Chapter. (b) The proposed work does not adversely affect the character of the designated historic landmark, heritage lane or historic district. ( c) In the case of construction of a new building, structure or other improvement upon or within a designated historic landmark, heritage lane or historic district, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of the existing landmark, lane or district. 13-20.080 Hardship. Notwithstanding Section 13-20.070, the Planning Community Development Director, on the recommendation if the Heritage Preservation Commission, or the Planning Commission or City Council on appeal, may approve an application for a permit to conduct any proposed work upon or within a designated historic landmark or property located within a designated heritage lane or historic district heritage resource, if the applicant presents clear and convincing evidence demonstrating that a disapproval of the application will work immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work or because of conditions peculiar to the particular improvement, building, structure, topography or other feature involved. If a hardship is found to exist under this Section, the Heritage Preservation Commission or the Planning Commission or City Council shall make a written finding to that effect, and shall specify the facts and reasons relied upon in making such finding. Article 13-25- MISCELLANEOUS PROVISIONS Sections: 13-25.010 Fees. (a) No fee shall be charged for the filing, processing or public noticing of any applicatioin for 272 13 designation or any application for termination of a designation. (b) The City Council shall by resolution adopt a schedule of fees to be charged for the filing and processing of applications for any permit required under Section 13-20.010, and appeals to the Planning Commission and City Council pursuant t Section 13-20.060. 13-25.010 Ordinary Maintenance and Repair. Nothing in this Chapter shall be construed to prevent the ordinary maintenance, painting, landscaping or repair of any exterior feature in or upon any designated historic landmark or property located within a designated heritage lane or historic district heritage resource that does not involve a change in design, material or the external appearance thereof, nor does this Chapter prevent the construction reconstruction, alteration, restoration, demolition or removal of any designated historic landmark or property located within a designated heritage lane or historic district which has been certified by the City building inspector, or fire chief, or other code enforcement officer as being in unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code. 13-25-030 Duty to keep in good repair. The owner, occupant, or the person in actual charge of a designated historic landmark or property located within a designated heritage lane or historic district shall keep and maintain in good condition and repair all exterior portions thereof, all interior portions thereof when subject to special regulation or control as specified in the designating ordinance or permit, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature or natural feature. 13-25.040 Enforcement (a) The violation of any provision contained in this Chapter is hereby declared to be unlawful and shall constitute a misdemeanor, subject to the penalties as prescribed in Chapter 3 of this Code. (b) The Planning Community Development Director shall have the duty and authority to enforce the provisions of this Chapter, and any other laws, rules or regulations of the City which govern or relate to the issuance of permits for work to be performed upon or within a designated historic landmark or property located within a designated heritage lane or historic district, by any or all of the following means: (1) Serving notice upon the owner or occupant requiring the correction or removal of any violation of this Chapter. (2) Issuance of citations for violation of any provision of this Chapter. (3) Authorizing and instructing the City Attorney to initiate appropriate legal proceedings against any person who violates this Chapter, including actions for injunctive relief to restrain or enjoin such violation. (4) Request enforcement assistance from the county Sheriff's Department and the City Community Service Officers. 273 14 274 1 Text to be added is indicated in bold underlined font (e.g., bold-underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough). Text in standard font remains unchanged by this ordinance. Text in red for notes submitted and yellow for accenting some changes. Purple for new changes. Chapter 13- HERITAGE PRESERVATION Articles: Article 13-05- GENERAL PROVISIONS Sections: 13-05.010 -Purpose. It is hereby declared as a matter of public policy that the recognition, preservation, enhancement and use of heritage resources with the City is required in the interest of the health, economic properity, cultural enrichment and general welfare of the people. The purpose of this Chapter is to: (a) Safeguard the heritage of the city by providing for the protection of irreplaceable heritage resources representing significant elements of its history; (b) Enhance the visual character of the City by encouraging and regulating the compatibility of architectural styles within historic areas which reflect established architectural traditions; (c )Encourage public knowledge, understanding and appreciation of the City's past, and foster civic and neighborhood pride and sense of identity based upon the recognition and use of the City's heritage resources; (d) Stabilize and improve property values within the City and increase the economic and financial benefits to the City and its inhabitants derived from the preservation, rehabilitation, and use of heritage resources; ( e) Integrate the conservation of heritage resources into the public and private development process and identify as early as possible and resolve conflicts between the preservation of such resources and alternative land uses. 13-05.20 -Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise: (a) Alteration means any exterior change or modification of a designated historical landmark, heritage resource, or any property within a designated heritage lane or historic district including, but not limited to, exterior changes to or modifications of structure, architectural details or visual characteristics, grading, surface paving the addition of new structures, removal or alteration of natural features, disturbance of archeological sites or area, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, walls, fences, steps or gates affecting the exterior visual qualities of the property, but does not 275 2 include painting, landscaping and ordinary maintenance. (b) Designated b Heritage lane means a public right-of-way such as a street, road, avenue, boulevard, pathway or trail that has been designated as a heritage resource pursuant to this Chapter and excludes: it does not include properties abutting any such public right-of-way. ( c )Designated b Historic district means a building, improvement, structure, natural feature, site or area of land under single or common ownership, designated as a heritage resource pursuant to this Chapter. Note: Remove this for now until surveys confirm it. Note: Historic districts hall name geographically definable area of urban or rural character possessing a significant concentration or continuity of site, building, structures or objects unified by past events or aesthetically by plan or physical development. (d) Designated-b-Historic landmark means a building, improvement, structure, natural feature, site or areas of land under single or common ownership, designated as a heritage resource pursuant to this Chapter. Note: Historic landmarks. The term "historic landmarks" shall mean any of the following which have a special historical, architectural, cultural, aesthetic or engineering interest or value of an historical nature: 1. individual structure or portion thereof; 2. an integrated group of structures on a single lot; 3. a site or portion thereof; 4. or any combination of the above. ( e)Exterior architectural feature means the architectural elements embodying style, design, general arrangement and components of all the outer surfaces of an improvement, including but not limited to, the kind and texture of building materials and the type and style of windows, doors, lights, signs and other fixtures appurtenant to such improvements. (f) Heritage Preservation Commission means the historical preservation commission established pursuant to this Chapter and Commission means a member of the Heritage Preservation Commission. (g) Commission staff means the Planning Community Development Director and his/her authorized representatives. Note: State the Chapter 13 and how it is appointed. (h) Heritage resource means any public or private property designated by the City pursuant to this Chapter, as a historic landmark, heritage lane, or historic district, and those properties listed on the City's Heritage Resource Inventory. Note: City Council or HPC (i) Heritage Resource Inventory means the City's official inventory of heritage resources, as adopted and amended from time to time by resolution of the Heritage Preservation Commission. A property may be listed on the Heritage Resource Inventory without being designated pursuant to this Chapter as a historic landmark, heritage lane or historic district. Note: use CLG terminology (j) Improvement means any building, structure, parking facility, fence, gate, wall, work of art or other appurtenance or addition thereto constituting a physical betterment of real property, or any part of such betterment. (k) Public Right-of-Way shall have the meaning set forth in section 15-06.570 (a) of this Code. 276 3 Article 13-10- HERITAGE PRESERVATION COMMISSION (1) Sections: Note: Add process for demolition to section. Footnote1: Editor's note-- Ord. No. 340, 1 (Att. A. 11), adopted July 6, 2016, repealed the former 13- 10.020, which pertained to term of office and derived from original codification, and renumbered subsequent sections as herein set out. 13-10.00 Creation,: qualification and residency of members. There is hereby established a CLG qualified Heritage Preservation Commission consisting of five unpaid members who shall be appointed by the City Council and shall all have a demonstrated interest in, competence or knowledge in historic preservation. In addition: (a) One of the members shall have been a candidate nominated by the Saratoga Historical Foundation. (b) A minimum of two of the members should be encouraged to be appointed shall be appointed Note: Can be professionals from among the disciplines of architecture, history, architectural history, planning, archeology or other historic preservation related disciplines such as urban planning, architecture/construction, American studies, American civilization, cultural geography or cultural anthropology, to the extent that such professionals are available in the community. The candidate nominated by the Saratoga Historical Foundation can qualify as this professional member. Note: add residency requirement and term length. The commissioner must be a registered voter in Saratoga. The commissioner can only serve on one commission at a time. The term served is four years. Two consecutive four year terms may be served. The commissioner can serve again after one year following expiration of the second consecutive four- year term. Ord. No. 356, 1 (att.A), 10-3-2018) 13-10.020- Vacancy and Removal. In the event of a vacancy occurring during the term of a Commissioner where such Commissioner is required to have special qualifications, such vacancy shall be filled by interim appointment with a person having such qualifications. (Amended by Ord. No. 340, 1 (att. A, 11), 7-6-2016) 13-10.30 Organization. 277 4 (a) The Community Development Director or designee shall act as Secretary for the Heritage Preservation Commission, shall be the custodian of its records; shall conduct official correspondence; and shall generally supervise the clerical and technical work performed at the request or on behalf of the Heritage Preservation Commission. (b) The Heritage Preservation Commission shall meet quarterly, or more frequently upon call of the Chair or Commission staff, as necessary. All meetings shall be open to the public and a public record shall be kept of all Commission proceedings and actions. A majority of Commissioners shall constitute a quorum, with the Chair having a vote. (Amended by Ord. No. 340, l (Att. 11), 7-6-2016). 13-10.040 - Powers and Duties. The Heritage Preservation Commission shall be advisory only to the City Council, the Planning Commission and the agencies and departments of the City, and shall establish liaison and work in conjunction with such authorities to implement the purposes of this Chapter. The Heritage Preservation Commission shall have the following powers and duties: (a) Conduct, or cause to be conducted, a comprehensive survey of properties within the boundaries of the City for the purpose of establishing the Heritage resource Inventory To qualify for inclusion in the Heritage Resource Inventory, a property must satisfy any one or more of the criteria listed in Section 13-15.010 of this Chapter. The Inventory which shall be publicized and periodically updated, and a copy there of shall be kept on file in the Planning Department. (b) Recommend to the City Council specific proposals for designation as a historic landmark, heritage lane or historic district. (c ) Recommend to the appropriate City agencies or department projects and action programs for the recognition, conservation, enhancement and use of the City's heritage resources, including Secretary of Interior standards to be followed with respect to any applications for permits to construct change, alter, remodel, remove or otherwise affect such resources. (d) Review and comment upon existing or proposed ordinances, plans or policies of the City as they relate to heritage resources. (e ) Review and comment upon all applications for building, demolition, grading, or tree removal permits involving work to be performed upon or within a designated historic landmark, heritage lane or historic district, and all applications for tentative map approval, rezoning, building site approval, use permit, variance approval, design review or other any work permit, or approval pertaining to or significantly affecting any heritage resource. The Heritage Preservation Commission's review for work concerning a heritage lane shall be limited to applications for work on heritage resources to be performed directly upon or within a designated heritage lane. The Commission's comments shall be forwarded to the City agency or department processing the application within thirty days after receiving the request for such comments. (f) Investigate and report to the City Council on the availability of federal, state, county, local or private funding sources or programs for the rehabilitation and preservation of heritage resources. (g) Cooperate with county, state and federal governments and with private organizations in the 278 5 pursuit of the objectives of heritage conservation. (h) Upon the request of a property owner or occupant and at the discretion of the Heritage Preservation Commission, render advice and guidance on the conservation, rehabilitation, alteration, decoration, landscaping, or maintenance of any heritage resource such voluntary advice and guidance shall not impose any regulation or control over any property. (i) Participate in, promote and conduct public information and educational programs pertaining to heritage resources. (j) Perform such other functions as may be delegated to it by resolution or motion of the City Council. (k) Note: maintain a comprehensive system for identifying evaluating inventory, and registering the city historical and cultural resources (Amended by Ord. No. 340 l (Att.A, 11), 7-6-2016) Article 13-15 DESIGNATION OF A HERITAGE RESOURCE Sections: 13-15.010- Criteria. The Heritage Preservation Commission may recommend to the City Council designation of a proposal as a historic landmark, heritage lane or historic district if it satisfies any two or more of the criteria listed below and also retains a substantial degree of architectural and structural integrity with respect to the original design, as determined by the Heritage Preservation Commission. To qualify for inclusion in the Heritage Resource Inventory without being designated as a historic landmark, heritage lane or historic district, a property must satisfy any one or more of the seven criteria listed below. (a) It exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history of the City, the County, the State or the nation; or (b) It is identified with persons or events significant in local, county, state or national history; or ( c) It embodies distinctive characteristics or a style, type, period or method of construction, or is a valuable example of the use of indigenous materials; or (d) It is representative of the notable design or craft of a builder, designer, or architect; or ( e) It embodies or contribute to unique physical characteristics representing an established and familiar visual feature of a neighborhood or district within the City; or (f) It represents a significant concentration or continuity of site, buildings, structures or objects, unified by past events or aesthetically by plan or physical or natural development; or (g) It embodies or contributes to a unique natural setting or environment constituting a distinct area or district within the City having special character or special historical, architectural or aesthetic interest or value. 13-15,012-Applications. 279 6 (a) Applications for designation as a historic landmark, heritage lane or historic district, or for inclusion on the Heritage Resource Inventory without being designated as a historic landmark, heritage lane or historic district, may be submitted to the Heritage Preservation Commission by any of the following methods: (1) The owner or owners of a building, improvement, structure, natural feature, site or area of land, requesting designation of their property as a historic landmark or requesting inclusion of their property on the Heritage Resource Inventory without being designated as a historic landmark: (2) The owners of at least sixty percent of the frontage of all recorded lots abutting a street, road, avenue, boulevard, pathway or trail, or portion thereof public right-of-way, and requesting designation as a heritage lane; (3) The owners of at least sixty percent of the area of all recorded lots within a specific geographic section of the City, requesting designation of the entire section as a historic district. b) The City Council or the Planning Commission may also by resolution or motion, refer a proposed designation to the Heritage Preservation Commission for its recommendation and the Heritage Preservation Commission may consider a proposed designation upon its own. initiative.Note this statement is below and a duplicate. 13-15.030 Study of Proposal. The Heritage Preservation Commission shall conduct a study of the proposed designation, based upon such information or documentation as it may require from the applicant, the Commission staff, or from other available sources. Public hearings shall not be required, but the Commission may, in its discretion, receive written or verbal comments from any persons having an interest in the proposal or any information relevant thereto. 13-15.040 Objections to Proposals Proposed Designations. The City Council or the Planning Commission may, by resolution or motion, refer a proposed designation to the Heritage Preservation Commission for its recommendation and the Heritage Preservation Commission may consider a proposed designation upon its own initiative. (a) In the event designation of a historic landmark, heritage lane or historic district is proposed by the City Council or Planning Commission or considered by the Heritage Preservation Commission upon its own initiative, and in the further event the Heritage Preservation Commission, as a result of its study of the proposal, determines that the proposal should be recommended to the City Council for designation, the Heritage Preservation Commission staff shall mail written notice of its intended recommendation to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is the subject of the proposed designation. Such written notice shall contain a complete description of the proposed designation and shall advise the property owners that written objections to the proposal may be filed with the Heritage Preservation Commission within forty-five days from the date of the notice. (b) If objections are filed by the owner of any property proposed to be designated as a historic 280 7 landmark or by the owners of at least forty-one percent of the frontage of all recorded lots abutting a proposed heritage lane, or by the owners of at least forty-one percent of the area of all recorded lots within a proposed historic district, the Heritage Preservation Commission shall discontinue any further consideration of the proposal. Such proposal may not again be considered for designation for at least twelve months after the date of mailing the notice to the property owners unless, prior to the expiration of such twelve-month period: (1) The owner or owners of a proposed historic landmark, withdraw their objection; or (2) A sufficient number of owners of recorded lots abutting a proposed heritage lane or recorded lots within a proposed historic district withdraw their objections so as to reduce the total percentage of objectors o less than forty-one percent; or (3) In the event inclusion on the Heritage Resource Inventory is proposed by the City Council or Planning Commission or considered by the Heritage Preservation Commission upon its own initiative, and in the further event the Heritage Preservation Commission, as a result of its study of the proposal, determines that the proposal should be included in the Heritage Resource Inventory the Heritage preservation Commission shall mail written notice of its intent to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is proposed to be included in the Heritage Resource Inventory. Such written notice shall contain a complete description of the proposed action and shall advise the property owners that written consent to the proposed action is required. If consent is not received the property shall not be included on the Heritage Resource Inventory. Note: Shouldn't need owner's consent. This is against CLG requirements. We are required to do surveys and maintain records with the city--How? needs to be added. Need to add info on the Mills Act. 13-15.050 Recommendation by Heritage Preservation Commission. Provided the Heritage Preservation Commission is not required to discontinue consideration of a proposal by reason of objections raised and the property owner has provided written consent to the inclusion of the proposal on the Heritage Resource Inventory or other proposed designation pursuant to Section 13-15.040, the Heritage Preservation Commission shall render a written report within a reasonable time accompanied by all of the information and documentation reviewed by the Heritage Preservation Commission. The report shall either recommend the designation as originally proposed, recommend a modified designation or recommend that the proposed designation be rejected. The report shall set forth in detail the reasons for the Heritage Preservation Commission's decision and the information and documentation relied upon in support thereof. A copy of the report shall be sent to the property owner or owners. 13-15.060 Historic Landmark. (a) The report and recommendation of the Heritage Preservation Commission on a proposed historic landmark, together with the information and documentation pertaining thereto, shall be forwarded to the City Council. The City Council shall consider the report at its next available regular meeting and determine whether or not to accept the Heritage Preservation 281 8 Commission's recommendations. The City Council shall by ordinance either approve the proposed historic landmark designation, in whole or in part or as modified or shall by motion disapprove the proposal in its entirety. (b) Until final action has been taken by the City Council on the proposed designation as a historic landmark, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be formed upon or within the property which is the subject of the proposed designation, unless approved by the Heritage Preservation Commission or the City Council. This restriction shall become effective as of the time the application for designation is filed, or upon the expiration of time for filing objections in response to the notice given pursuant to Subsection 13-15.040 (a) of this Article, as the case may be. ( c) In the event as designating ordinance designating a historic landmark is adopted by the City Council, such ordinance shall become effective thirty days following adoption thereof and the designated property shall thereafter be subject to the regulations set forth in this Chapter and such further restrictions or controls as may be specified in the designating ordinance. (d) Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the city, the County, the State or the nation, and satisfies one or more of the criteria set forth in Section 13-15.010. Add: 13-15.050 The Mills Act Once the property owner acquires landmark status, a tax credit can be established if the landowner applies for the Mills Act. The owner completes the paperwork; the City Council approves the completed paperwork and it is presented at a public hearing. Commercial and private property can take advantage of the Mills Act. 13-15.070 Heritage Lane or Historic District (a) Report to Planning Commission. The report and recommendations of the Heritage Preservation Commission on a proposed heritage lane or historic district, together with the information and documentation pertaining thereto, shall be forwarded to the Planning Commission. (b) Public hearing; notice. The Planning Commission shall conduct a public hearing on the proposed designation within sixty days after receipt of the Heritage Preservation Commission's report. Notice of the public hearing shall be given in the manner provided in Section 13-15-080. ( c) Actions of Planning Commission. The Planning Commission shall either recommend approval of the designation as originally proposed, or approval of the designation as modified by the Heritage Preservation Commission or the Planning Commission or both, or recommend that the proposed designation be rejected. If the Planning Commission recommends approval or modified approval of the designation, it shall instruct the Commission staff to prepare and shall approve a proposed form of ordinance for adoption by the City Council designating the heritage lane or historic district and establishing a zoning 282 9 overlay for such lane or district. The proposed ordinance may include such regulations or controls over the designated property as the Planning Commission deems reasonable necessary for the conservation, enhancement and preservation thereof. (d) Transmittal of documents to City Council. The recommendations of the Planning Commission, together with the report and recommendations of the Heritage Preservation Commission and the information and documentation pertaining thereto, and the proposed ordinance, if any, shall be transmitted to the City Council and considered at its next available regular meeting. ( e) Actions of City Council. If the City Council determines that the proposed heritage lane or historic district should be considered for designation as a heritage resource, it shall adopt a resolution initiating final designation proceedings. Such resolution shall schedule a public hearing on the proposed designation to be conducted within sixty days. Notice of the public hearing shall be given in the manner provided in Section 13-15.080. The resolution may further provide that during the pendency of the final designation proceedings, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be performed upon or within the property which is the subject of the proposed designation, or may be issued only upon specified conditions or under specified circumstances. (f) Adoption or disapproval. At the conclusion of the public hearing, but in no event later than sixty days from the date set in the resolution for the initial public hearing, the City Council shall either adopt an ordinance designating he heritage lane or historic district, in whole or in part, or as modified, or shall by motion disapprove the proposal in its entirety. (g) Effective date. In the event a designating ordinance is adopted by the City Council, such ordinance shall become effective thirty days following adoption thereof and the designated property shall thereafter be subject to the regulation set forth in this Chapter and such further regulations or controls as may be specified in the designating ordinance. (h) Findings and criteria for adoption of ordinance. Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural, or aesthetic interest or value as part of the heritage or history of the City, the County, the state or the nation, and satisfies one or more of the criteria set forth in Section 13-15.010. 13-15.080 Notice of Public Hearings. (a) Notice of the time, place and purpose of public hearings conducted by the City Council and the Planning Commission pursuant to the Chapter shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing such notice as follows: (1) In the case of a proposed heritage lane, notice shall be sent to all persons whose names appear on the latest available tax roll of the County as owning any property abutting the proposed heritage lane. Notice of the public hearing shall also be published once in a newspaper having general circulation int eh City not later than ten days prior to the date of the hearing. (2) In the case of a proposed historic district, notice shall be mailed to all persons shown on the latest available tax roll of the County as owning any property within the boundaries of the proposed district. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date 283 10 of the hearing. (b) Failure to send any notice by mail to any property owner whose name and address is not a matter of public record shall not invalidate any proceedings in connection with a proposed designation. The City Council or Planning Commission may, but shall not be obligated to give such other notices as they deem appropriate or desirable. 13-15.090 Notice of Designation. (a) Following adoption by the City Council of an ordinance designating a historic landmark, heritage lane or historic district, the Commission staff shall send notice of the designation, together with a copy of the ordinance, to the owner or owners of the designated historic landmark, or the owners of all property abutting a designated heritage lane, or the owners of all property within a designated historic district. The notice shall inform such owners that the designated property will be added to the Saratoga Heritage Resource Inventory and may be eligible for certain privileges and benefits under local, state or federal law. The notice shall include a statement of the regulations and restrictions upon the designated property. The Commission staff shall also send notice of the designation to: 1. The Heritage Preservation Commission 2. The Planning Commission 3. Any agency of department of the City requesting such notice of affected by the designation. 4. The Saratoga Historical Foundation 5. The Santa Clara County Historical Heritage Commission 6. The California State Historic Preservation Officer 7. The Saratoga News (b) Notice of the designations and the complete legal description of the designated property shall be recorded in the office of the Recorder of the County. 13-15.100 Termination of Designation. (a) The owner or owners of a designated historic landmark or of a property listed on the Heritage Resource Inventory but not specifically designated as a historic landmark, or the owners of not less than sixty percent of the frontage of all recorded lots abutting a designated heritage lane, or the owners of not less than sixty percent of the area of all recorded lots within a designated historic district, may apply to the Heritage Preservation Commission for termination of the designation. The application shall contain a detailed description of all facts and circumstances relied upon by the applicant as reasons for termination. (b) The same procedures, notices and hearings shall apply to the termination proceedings as set forth in Section 13-15.030 and Sections 13-15.050 through 12-15.080 of this Article. ( c) A designation may be terminated only upon a finding by the City Council that as a result of change in circumstances, the designation is no longer consistent with the purposes and objectives of this Chapter and no longer satisfies any of the criteria set forth in Section 13- 15.010. 284 11 (d) Upon termination of a designation, notices shall be sent to the same persons, commissions and agencies as set forth in Section 13-15.090, and a notice of termination shall also be recorded in the office of the Recorder for the County. Article 13-20 PERMITS Section: 13-20.010 Permit required. It is unlawful for any person to alter, demolish, remove, relocate or otherwise change any exterior architectural feature or natural feature of a designated historic landmark or to construct, alter, demolish, remove or relocate any building, improvement or other structure upon any property located within a designated heritage lane or historic district, or to place, erect, alter or relocated any sign upon or within a designated historic landmark, heritage lane or historic district heritage resource without first obtaining a written permit to do so in the manner provided in this Article; provided, however, that the foregoing requirements shall not apply when alternative permit requirements for a specific historic landmark, heritage lane, or historic district have been specified by the ordinance designating the landmark, lane, or district. (Amended by Ord. 213 3(A), 2002) 13-20.030 Supporting Data. The application shall include the following data: (a) Documentation establishing ownership of the designated property by the applicant for the permit (b) A clear statement of the proposed work. ( c) A site plan showing all existing buildings, structures, trees over twelve inches in diameter, property lines, easements and the proposed work. (d) Plans showing the exterior elevations, materials and grading of the proposed work. € Where the application is for demolition, a detailed statement of the necessity for demolition together with photographs of the structure to be demolished. (f) Such other information or documents as may be requested by the Heritage Preservation Commission (g) Historic resource evaluation provided by a licensed historic architect or historic consultant professional. Note: Report should not be disclosed to the applicant. Fees collected at time of submttal 13-20.040 Heritage Preservation Commission action. The Heritage Preservation Commission shall complete its review and issue a recommendation to the Planning Community Development Director within thirty days after receipt of the application, filing fee and all supporting data. Unless legally required, there shall be no notice, posting or publication requirements for action on the application, but all decisions shall be made at regular or noticed special meetings of the Heritage Preservation Commission. The Heritage Preservation Commission's recommendation shall be in writing and shall state the reasons relied upon in support thereof. Upon receipt of the Heritage Preservation Commission's recommendations, the Planning Community Development Director shall forward a copy thereof to the applicant. 285 12 Note: A notification should be sent to commissioners as well as all HP applications filed with the City. 13-20.060 Appeal (a) Any recommendations issued by the Heritage Preservation Commission with respect to the granting or denial of a permit may be appealed by the applicant or any interested person to the Planning Commission. The appeal shall be taken by filing with the Secretary of the Planning Commission a written notice thereof within ten days from the date the Heritage Preservation Commission delivers its recommendation to the Planning Community Development Director. Then notice of appeal shall be signed by the appellant and shall set forth all of the grounds for the appeal, together with a filing fee to cover the administrative cost of handling the appeal. Upon receipt of the notice of appeal and filing fee, the Secretary of the Planning Commission shall set the appeal for hearing at the next available regular meeting of the Planning Commission. The Planning Commission shall conduct a hearing de novo on the appeal and may adopt, reject or modify the recommendations of the Heritage Preservation Commission. (b) The decision of the Planning Commission may be further appealed to the City Council by either the applicant or any interested person, in accordance with the procedure set forth in Section 2-05.030 of this Code. ADD: In some instances, HPC should be given one month to review an application as well as have funds to hire their own expert to rebut changes/or applicants requests if needed. 13-20.070 Criteria. The Planning Community Development Director, on the recommendation of the Heritage Preservation Commission, or the Planning Commission or City Council on appeal, shall authorize issuance of a permit, or a conditional permit, if and only if, it is determined that: (a) The proposed work is consistent with the purposes and objectives of this Chapter. (b) The proposed work does not adversely affect the character of the designated historic landmark, heritage lane or historic district. ( c) In the case of construction of a new building, structure or other improvement upon or within a designated historic landmark, heritage lane or historic district, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of the existing landmark, lane or district. 13-20.080 Hardship. Notwithstanding Section 13-20.070, the Planning Community Development Director, on the recommendation if the Heritage Preservation Commission, or the Planning Commission or City Council on appeal, may approve an application for a permit to conduct any proposed work upon or within a designated historic landmark or property located within a designated heritage lane or historic district heritage resource, if the applicant presents clear and convincing evidence demonstrating that a disapproval of the application will work immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work or because of conditions 286 13 peculiar to the particular improvement, building, structure, topography or other feature involved. If a hardship is found to exist under this Section, the Heritage Preservation Commission or the Planning Commission or City Council shall make a written finding to that effect, and shall specify the facts and reasons relied upon in making such finding. Article 13-25- MISCELLANEOUS PROVISIONS Sections: 13-25.010 Fees. (a) No fee shall be charged for the filing, processing or public noticing of any application for designation or any application for termination of a designation. (b) The City Council shall by resolution adopt a schedule of fees to be charged for the filing and processing of applications for any permit required under Section 13-20.010, and appeals to the Planning Commission and City Council pursuant to Section 13-20.060. 13-25.010 Ordinary Maintenance and Repair. Nothing in this Chapter shall be construed to prevent the ordinary maintenance, painting, landscaping or repair of any exterior feature in or upon any designated historic landmark or property located within a designated heritage lane or historic district heritage resource that does not involve a change in design, material or the external appearance thereof, nor does this Chapter prevent the construction reconstruction, alteration, restoration, demolition or removal of any designated historic landmark or property located within a designated heritage lane or historic district which has been certified by the City building inspector, or fire chief, or other code enforcement officer as being in unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code. 13-25-030 Duty to keep in good repair. The owner, occupant, or the person in actual charge of a designated historic landmark or property located within a designated heritage lane or historic district shall keep and maintain in good condition and repair all exterior portions thereof, all interior portions thereof when subject to special regulation or control as specified in the designating ordinance or permit, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature or natural feature. 13-25.040 Enforcement (a) The violation of any provision contained in this Chapter is hereby declared to be unlawful and shall constitute a misdemeanor, subject to the penalties as prescribed in Chapter 3 of this Code. (b) The Planning Community Development Director shall have the duty and authority to enforce the provisions of this Chapter, and any other laws, rules or regulations of the City which govern or relate to the issuance of permits for work to be performed upon or within a designated historic landmark or 287 14 property located within a designated heritage lane or historic district, by any or all of the following means: (1) Serving notice upon the owner or occupant requiring the correction or removal of any violation of this Chapter. (2) Issuance of citations for violation of any provision of this Chapter. (3) Authorizing and instructing the City Attorney to initiate appropriate legal proceedings against any person who violates this Chapter, including actions for injunctive relief to restrain or enjoin such violation. (4) Request enforcement assistance from the county Sheriff's Department and the City Community Service Officers. 288 Page 1 of 3 MEMORANDUM MEETING DATE: December 14, 2021 TO: Heritage Preservation Commission (HPC) FROM: Nicole Johnson, Senior Planner SUBJECT: Item 8a-Heritage Preservation Ordinance update APPLICATION: ZOA21-0004 Background: There has recently been some confusion and interpretation inconsistencies by City staff and the HPC regarding HPC’s role in reviewing work along the heritage lane portion of Saratoga Avenue. In 1981, Saratoga City Council adopted an ordinance creating a heritage preservation commission and establishing procedures for the designation, conservation and control of heritage resources within Saratoga. This ordinance included the concept of heritage lanes. Prior to the adoption of the ordinance, there was concern by some council members regarding the scope of the proposed ordinance in respect to heritage lanes. Based on archived documentation, in 1981 the perceived community motives in advocating heritage lanes were as follows: •Preserve the width and appearance of roads associated with Saratoga’s earlier development. •Prevent widening and improvement to current city standards of certain roads, as currently. required in conjunction with new development and infill projects. •Discourage increased traffic on certain roads. In 1991, the portion of Saratoga Avenue from Fruitvale Avenue to 14301 Saratoga Avenue was designated by Ordinance as a Heritage Lane to help protect the street from being widened, which would have resulted in the loss of the mature street trees. The protection would also regulate the construction of sound walls and fencing within the public right-of-way. 289 Page 2 of 3 At the December 18, 2019 City Council Meeting, City Staff asked for clarification from the City Council of the role the HPC has in reviewing applications along a Heritage Lane. The Heritage Lane designation applies to only the public right of way (Attachment 1) and not the properties adjacent to the Heritage Lane when it comes to reviewing applications. The City Council directed staff to prepare an ordinance amendment that would: 1. clarify the scope of review for Heritage Lane; and 2. the directed staff to include a provision in Chapter 13 that a property owner must consent for their property to be included in the Heritage Resource Inventory; and 3. Ensure that the HPC is included in the review process of planning applications when staff deems the property of historic interest. In addition, for consistency with the Certified Local Government Requirements included in Appendix G II B of the Certified Local Government Application and Procedures (attachment 3) staff is suggesting that the language in Section 13-10.010 of the City Code for “Creation; qualification and residency of members” be amended as follows: A minimum of two of the members should be encouraged to appointed shall be appointed from among the disciplines of architecture, history, architectural history, planning, archeology or other historic preservation related disciplines such as urban planning, architecture/construction, American studies, American civilization, cultural geography or cultural anthropology, to the extent that such professionals are available in the community. The candidate nominated by the Saratoga Historical Foundation can qualify as this professional member. In addition to the amendments provided by the City Council, staff took this opportunity to clean up the language in the code. Per City Code Section 13-10.040 (d) the HPC can review and comment upon proposed ordinances of the City as they relate to heritage resources. Chair Shah and Vice Chair Stransky have provided discussion points and recommendations to the ordinance update in attachments 5 and 6. 290 Page 3 of 3 Attachments: 1. Staff Report from the December 18, 2019 City Council Meeting 2. Minutes from the December 18, 2019 City Council Meeting 3. CLG Requirements 4. Draft City Code Amendment 5. HPC Discussion points (Stransky/Shah) 6. HPC Recommended Ordinance update (Stransky/Shah) 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 Requirements (Excerpt from Appendix G, Certified Local Government Application and Procedures, August 1999, pp 41-47.) Local governments may be certified to participate in the CLG program by complying with the following requirements: I Enforce appropriate state or local legislation for the designation and protection of historic properties: A. State enabling legislation provides for local jurisdictions to enact appropriate historic preservation legislation. California Government Code Sections 65850, 25373, and 37361 enable city and county legislative bodies to provide for “the protection, enhancement; perpetuation, or use of places, sites, buildings, structures, works of art, and other objects having a special character or special historical or aesthetic interest or value.” B. Local governments must adopt local historic preservation ordinances with provisions to enforce the designation and protection of historic and archeological resources. C. The local legislation shall be consistent with the intent and purpose of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470). D. The CLG will adopt a historic preservation plan or a historic preservation element for the local jurisdiction's General Plan, as authorized by the California Government Code, prior to or upon applying for a CLG grant. E. The CLG commission will participate in the environmental review of specific federally sponsored projects, such as community development programs involving HUD Block Grant funds unless it is determined by OHP that the necessary expertise is not available to the local government. The CLG will establish programmatic agreements with the state agreeing to ensure compliance with Section 106 provisions of the NHPA. F. The CLG commission will participate in the environment review of local projects in accordance with the requirements under the California Environmental Quality Act (CEQA). The commission may review and comment on permit actions affecting significant listed historic properties and other resources eligible for listing, in accordance with local ordinance requirements and with CEQA. Procedural guidelines should include standards for demolition stays, design review criteria, anti-neglect requirements, and appeal strategies. II Establish an adequate and qualified historic preservation review commission by local law: A. The commission shall include a minimum membership of five (5) individuals with all members having demonstrated interest, competence, or knowledge in historic preservation. B. At least two (2) Commission members are encouraged to be appointed from among professionals in the disciplines of history, architecture, architectural 342 history, planning, pre-historic and historic archeology, folklore, cultural anthropology, curation, conservation, and landscape architecture or related disciplines, such as urban planning, American studies, American civilization, or cultural geography, to the extent that such professionals are available in the community. Commission membership may also include lay members who have demonstrated special interests, competence, experience, or knowledge in historic preservation. C. A local government may be certified without the minimum number or types of disciplines established in state procedures if it can be demonstrated to the satisfaction of the state that it has made a reasonable effort to fill those positions, or that some alternative composition of the commission best meets the needs of the protection of historic properties in the local community. D. Commission members shall be appointed by the chief elected local official, city council, or board of supervisors consistent with the provisions of the preservation ordinance. The appointing authority shall make interim appointments to fill unexpired terms in the event of vacancies occurring during the term of members of the commission. The appointing authority shall also act within sixty (60) days to fill a vacancy. Terms of office of the commission members shall be according to the local preservation ordinance. E. The commission shall meet at least four times a year, with meetings held in a public place, advertised in advance, and open to the public, pursuant to the Ralph M. Brown Act (G.C. Section 54950 et seq.) for open meetings. Written minutes of commission meetings shall be kept on file, available for public inspection, and submitted to the state as a part of the CLG Annual Report. F. Each commission member is required to attend at least one informational or educational meeting, seminar, workshop, or conference per year that pertains directly to the work and functions of the commission and would be approvable by the state. The CLG Regional Workshops sponsored by the OHP are important sources of information. The annual State Historic Preservation Conference generally provides special sessions devoted to the issues, objectives, and responsibilities of commissions. Commissions may also bring in professionals to provide training on site. G. An annual report of the activities of the commission shall be submitted to the state at the end of each calendar year. The reports shall include, but not be limited to, such information as narrative summary of accomplishments, summaries of new and corrected survey activities, number of properties designated under local ordinance in relation to inventory for community, summaries of National Register applications reviewed, summaries of historical contexts prepared, number of federal tax certifications reviewed, number of properties on which design review was held, number of properties on which environmental project reviews were conducted, property owners of Mills Act contracts approved, summarization of local preservation activities, list of local landmark designations, description of public education activities, lists of commission members and resumes, list of staff and resumes, detailed listing of commission and staff training received, commission attendance 2 343 records, summary of changes in preservation laws, summary of adoption or updates of historic preservation plan or historic preservation element of your community's General Plan, commission meeting minutes and agendas, and other pertinent activities performed by the commission. III Maintain a system for the survey and inventory of historic properties: The CLG shall be responsible for organizing, developing, and administering an inventory of cultural resources within the entire spatial jurisdiction of the CLG. A. The commission shall develop procedures for conducting an inventory of culture resources. Survey activities shall be coordinated with and complementary to the state program to ensure that survey results produced by the CLG will be readily integrated into the statewide comprehensive historic preservation planning process. 1. The CLG shall be responsible for overseeing the compiling, recording, and updating of inventory information on cultural resources within its jurisdiction. The information shall be based on comprehensive surveys conducted in conformance with state survey standards and procedures. Surveys completed prior to the certification of a local government may be re-evaluated in accordance with state standards and may be submitted for inclusion in the State database. 2. As part of any ongoing survey effort, procedural requirements must allow for periodic update of survey results as buildings gain maturity and as new areas are incorporated or annexed by the CLG. 3. The commission must adopt state guidelines for conducting its inventory of historic properties. State-approved inventory forms (DPR-523, A-L) and the OHP's Instructions For Recording Historical Resources shall be used to facilitate integration into the state electronic data system and for statewide comprehensive historic preservation planning purposes. Dimitri software is available for the DPR 523 forms. 4. Standards for the evaluation of properties must be consistent with the National Register of Historic Places criteria. A. The commission shall establish internal procedures to facilitate the use of survey results in the planning process by the CLG officials and departments. The commission shall submit survey results to the local government for adoption, then forward to OHP. Copies of the survey should be on deposit at the local planning department, building and safety office, public works department, and redevelopment agency. Libraries, colleges, and historical societies should also receive copies. OHP will make copies available for the appropriate “California Historical Resources Information System” regional center. See IV(A)(2) below for public access requirements. IV Provide for adequate public participation in the local historic preservation program: A The CLG shall provide opportunities for public participation in all responsibilities delegated to the CLG, in accordance with appropriate regulations, standards, and guidelines. 3 344 1. Public participation shall be fully encouraged at local commission meetings. Commission meetings shall be open to the public, with published agenda and minutes in accordance with the Ralph M. Brown Act (G.C. Section 54950 et seq.) for open meetings. The published agenda shall be mailed in advance of meetings to individuals and citizen organizations interested in the commission’s activities. 2. Public participation shall be fully encouraged in the performance of the historic survey program at all levels of responsibility to identify and inventory significant cultural resources in the jurisdiction of the CLG. The public can serve as volunteers to assist in the survey effort. Survey results shall be of public record and on file at a public institution, except in the case of sensitive resources, e.g., archeological sites subject to vandalism. 3. Public participation shall be fully encouraged in the nomination process for the National Register of Historic Places program. The CLG shall invite comments from the general public regarding National Register nominations. 4. Public participation shall be fully encouraged in all public hearings on projects related to CEQA and Section 106 processes. V Satisfactorily perform the responsibilities delegated to the CLG: A. The CLG shall prepare a comprehensive local historic preservation plan which would identify preservation missions, goals, and priorities. The plan would also establish preservation strategies, programs, and time schedules. B. The CLG will participate in the review and comment on historic preservation certification applications for tax incentives. The CLG and state may establish procedures for implementation of the investment tax credit program at the local level in conformance with the Secretary of the Interior's Standards for Historic Preservation. C. Each CLG must have a local historic preservation plan prior to or upon becoming a CLG before any additional grant applications will be considered. The state shall monitor and evaluate the performance of the CLG for consistency with the identification, evaluation, and preservation priorities of the comprehensive state historic preservation planning process. 1. Annual Review of CLGs: The State shall conduct an annual review of CLGs to assure that each government continues to meet the minimal requirements and is satisfactorily performing its responsibilities. As part of this review, the state shall examine the annual reports submitted by the CLGs, records of the administration of funds allocated from the HPF, and other documents as necessary. The CLG shall make these records available to the state. A more thorough review and site visit to the Certified Local Government will occur at least once every three (3) years. 2. Procedures for Decertification: If the state evaluation indicates that the CLG no longer meets the minimal requirements or that in any other way a CLG's performance is not 4 345 satisfactory, the state shall document that assessment and recommend to the local government steps to bring its performance up to a satisfactory level. The CLG shall have a period of not less than 30 nor more than 180 days to implement improvements; If the state determines that sufficient improvement has not occurred, the state shall decertify the local government, citing specific reasons for the decertification. Performance shall be deemed unsatisfactory if one or more of the following conditions exist or is applicable: a) the commission fails to perform its delegated responsibilities within established time periods; b) the CLG fails to coordinate its responsibilities with the state; c) the commission substantially fails to maintain consistency of its design review decisions with the Secretary's Standards for Historic Preservation; d) the CLG fails to maintain a qualified historic preservation review commission membership; e) the CLG fails to enforce the provisions of the local preservation ordinance; f) the CLG fails to enforce its CEQA and Section 106 responsibilities; g) the CLG fails to adequately survey historical resources in its jurisdiction; and h) the CLG fails to comply adequately with proper fiscal management of HPF grants in accordance with the National Register Programs Guideline, OMB Circular A-128, and 43 CFR 12. 3. Decertification Appeal: If the state recommends decertification, the local government may appeal to the NPS. The NPS has 45 days to respond to the appeal. 4. Decertification Without Prejudice: CLGs may petition the OHP to be decertified voluntarily and without prejudice. 5. Financial Assistance Close-out: The state shall conduct financial assistance close-out procedures pursuant to the National Register Program Guideline when a local government is decertified. VI The CLG shall assume certain responsibilities for reviewing and recommending properties within its jurisdiction to the National Register of Historic Places. A. The SHPO shall have the sole responsibility of nominating National Register properties directly to the Secretary of the Interior (Secretary). B. The CLG shall establish local procedures for the National Register nomination process consistent with the requirements in the NHPA, Section 101(c)(2). 1. Before a property within the jurisdiction of a CLG may be considered by the state to be nominated to the National Register, the state shall notify the owner, the applicable chief elected local official, and the local historic preservation commission. The commission, after reasonable opportunity for public comment, shall prepare a report as to whether or not such property, in its opinion, meets the criteria of the National Register. Within sixty (60) days of notice from the state, the chief elected local official shall transmit the report of the commission and his/her recommendation to the state. After receipt of such report and recommendation, or if no such report and recommendation are received within sixty (60) days, the state 5 346 shall process the National Register nomination. The state may expedite such process with the concurrence of the CLG. 2. If both the commission and the chief elected local official recommend that a property not be nominated to the National Register, the state shall take no further action, unless within thirty (30) days of the receipt of such recommendation by the state, an appeal is filed with the state. If such an appeal is filed, the state shall follow the procedure for making a nomination pursuant to Section 101(a). Any report and recommendations made under this section shall be included with any nomination submitted by the state to the Secretary. VII By mutual written agreement with the local governing body, the state may delegate additional responsibilities to the CLG. Local governments may be certified to participate in specific program activities under Programmatic Agreements. A. The CLG may develop educational programs promoting historic preservation at the local level such as, but not limited to, sponsorship of preservation workshops, publication of preservation information, organizing preservation fairs, conducting walking tours, preparing preservation curricula for schools, etc. B. Commission members may act in an advisory capacity to other officials and departments within the local government and act as a liaison on behalf of the CLG to individuals and organizations concerned with historic preservation issues at the local level. C. The CLG may participate in the Mills Act program or other economic incentive programs to provide property-tax relief for owners of historic properties. D. The CLG may participate in the Marks Historical Rehabilitation Act for issuance of tax-exempt industrial development bonds, providing that the commission shall serve as a part of the required citizen advisory board. E. The CLG may assume certain responsibilities of recommending National Register of Historic Places properties, identified in the CLG jurisdiction, directly to the State Historical Resources Commission. F. By mutual written agreement with the local governing body, the state may delegate additional responsibilities to the CLG. 6 347 1 | Page Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged by this ordinance. Chapter 13 - HERITAGE PRESERVATION Articles: Article 13-05 - GENERAL PROVISIONS Sections: 13-05.010 - Purpose. It is hereby declared as a matter of public policy that the recognition, preservation, enhancement and use of heritage resources within the City is required in the interest of the health, economic prosperity, cultural enrichment and general welfare of the people. The purpose of this Chapter is to: (a) Safeguard the heritage of the City by providing for the protection of irreplaceable heritage resources representing significant elements of its history; (b) Enhance the visual character of the City by encouraging and regulating the compatibility of architectural styles within historic areas which reflect established architectural traditions; (c) Encourage public knowledge, understanding and appreciation of the City's past, and foster civic and neighborhood pride and sense of identity based upon the recognition and use of the City's heritage resources; (d) Stabilize and improve property values within the City and increase the economic and financial benefits to the City and its inhabitants derived from the preservation, rehabilitation, and use of heritage resources; (e) Integrate the conservation of heritage resources into the public and private development process and identify as early as possible and resolve conflicts between the preservation of such resources and alternative land uses. 13-05.020 - Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise: (a) Alteration means any exterior change or modification of a designated historical landmark, heritage resource, or any property within a designated heritage lane or historic district including, but not limited to, exterior changes to or modifications of structure, architectural details or visual characteristics, grading, surface paving, the 348 2 | Page addition of new structures, removal or alteration of natural features, disturbance of archeological sites or areas, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, walls, fences, steps or gates affecting the exterior visual qualities of the property, but does not include painting, landscaping and ordinary maintenance. (b) Designated h Heritage lane means a public right-of-way such as a street, road, avenue, boulevard, pathway or trail that has been designated as a heritage resource pursuant to this Chapter and excludes; it does not include properties abutting any such public right-of-way designated as a. (c) Designated h Historic district means a distinct section of the City, specifically defined in terms of geographic boundaries, designated as a heritage resource pursuant to this Chapter. (d) Designated h Historic landmark means a building, improvement, structure, natural feature, site or area of land under single or common ownership, designated as a heritage resource pursuant to this Chapter. (e) Exterior architectural feature means the architectural elements embodying style, design, general arrangement and components of all the outer surfaces of an improvement, including but not limited to, the kind and texture of building materials and the type and style of windows, doors, lights, signs and other fixtures appurtenant to such improvement. (f) Heritage Preservation Commission means the historical preservation commission established pursuant to this Chapter and Commissioner means a member of the Heritage Preservation Commission. (g) Commission staff means the Planning Community Development Director and his/her authorized representatives. (h) Heritage resource means any public or private property designated by the City, pursuant to this Chapter, as a historic landmark, heritage lane, or historic district, and those properties listed on the City's Heritage Resource Inventory. (i) Heritage Resource Inventory means the City's official inventory of heritage resources, as adopted and amended from time to time by resolution of the Heritage Preservation Commission. A property may be listed on the Heritage Resource Inventory without being designated pursuant to this Chapter as a historic landmark, heritage lane or historic district. (j) Improvement means any building, structure, parking facility, fence, gate, wall, work of art or other appurtenance or addition thereto constituting a physical betterment of real property, or any part of such betterment. (k) Public Right-of-Way shall have the meaning set forth in section 15-06.570(a) of this Code. Article 13-10 - HERITAGE PRESERVATION COMMISSION[1] Sections: 349 3 | Page Footnotes: --- (1) --- Editor's note— Ord. No. 340, § 1(Att. A, § 11), adopted July 6, 2016, repealed the former § 13- 10.020, which pertained to term of office and derived from original codification, and renumbered subsequent sections as herein set out. 13-10.010 - Creation; qualification and residency of members. There is hereby established a Heritage Preservation Commission consisting of five unpaid members who shall be appointed by the City Council and shall all have a demonstrated interest in, competence or knowledge in historic preservation. In addition: (a) One of the members shall have been a candidate nominated by the Saratoga Historical Foundation. (b) A minimum of two of the members should be encouraged to appointed shall be appointed from among the disciplines of architecture, history, architectural history, planning, archeology or other historic preservation related disciplines such as urban planning, architecture/construction, American studies, American civilization, cultural geography or cultural anthropology, to the extent that such professionals are available in the community. The candidate nominated by the Saratoga Historical Foundation can qualify as this professional member. (Ord. No. 356, § 1(Att. A), 10-3-2018) 13-10.020 - Vacancy and removal. In the event of a vacancy occurring during the term of a Commissioner where such Commissioner is required to have special qualifications, such vacancy shall be filled by interim appointment with a person having such qualifications. (Amended by Ord. No. 340, § 1(Att. A, § 11), 7-6-2016) 13-10.030 - Organization. (a) The Community Development Director or designee shall act as Secretary for the Heritage Preservation Commission, shall be the custodian of its records, shall conduct official correspondence and shall generally supervise the clerical and technical work performed at the request or on behalf of the Heritage Preservation Commission. (b) The Heritage Preservation Commission shall meet quarterly, or more frequently upon call of the Chair or Commission staff, as necessary. All meetings shall be open to the public and a public record shall be kept of all Commission proceedings and actions. A majority of Commissioners shall constitute a quorum, with the Chair having a vote. (Amended by Ord. No. 340, § 1(Att. A, § 11), 7-6-2016) 350 4 | Page 13-10.040 - Powers and duties. The Heritage Preservation Commission shall be advisory only to the City Council, the Planning Commission and the agencies and departments of the City, and shall establish liaison and work in conjunction with such authorities to implement the purposes of this Chapter. The Heritage Preservation Commission shall have the following powers and duties: (a) Conduct, or cause to be conducted, a comprehensive survey of properties within the boundaries of the City for the purpose of establishing the Heritage Resource Inventory. To qualify for inclusion in the Heritage Resource Inventory, a property must satisfy any one or more of the criteria listed in Section 13-15.010 of this Chapter. The Inventory which shall be publicized and periodically updated, and a copy thereof shall be kept on file in the Planning Department. (b) Recommend to the City Council specific proposals for designation as a historic landmark, heritage lane or historic district. (c) Recommend to the appropriate City agencies or departments projects and action programs for the recognition, conservation, enhancement and use of the City's heritage resources, including standards to be followed with respect to any applications for permits to construct, change, alter, remodel, remove or otherwise affect such resources. (d) Review and comment upon existing or proposed ordinances, plans or policies of the City as they relate to heritage resources. (e) Review and comment upon all applications for building, demolition, grading or tree removal permits involving work to be performed upon or within a designated historic landmark, heritage lane or historic district, and all applications for tentative map approval, rezoning, building site approval, use permit, variance approval, design review or other any work, permit, or approval pertaining to or significantly affecting any heritage resource. The Heritage Preservation Commission’s review for work concerning a heritage lane shall be limited to applications for work to be performed directly upon or within a designated heritage lane. The Commission's comments shall be forwarded to the City agency or department processing the application within thirty days after receiving the request for such comments. (f) Investigate and report to the City Council on the availability of federal, state, county, local or private funding sources or programs for the rehabilitation and preservation of heritage resources. (g) Cooperate with county, state and federal governments and with private organizations in the pursuit of the objectives of heritage conservation. (h) Upon the request of a property owner or occupant and at the discretion of the Heritage Preservation Commission, render advice and guidance on the conservation, rehabilitation, alteration, decoration, landscaping or maintenance of any heritage resource; such voluntary advice and guidance shall not impose any regulation or control over any property. (i) Participate in, promote and conduct public information and educational programs pertaining to heritage resources. 351 5 | Page (j) Perform such other functions as may be delegated to it by resolution or motion of the City Council. (Amended by Ord. No. 340, § 1(Att. A, § 11), 7-6-2016) Article 13-15 - DESIGNATION OF A HERITAGE RESOURCE Sections: 13-15.010 - Criteria. The Heritage Preservation Commission may recommend to the City Council designation of a proposal as a historic landmark, heritage lane or historic district if it satisfies any two or more of the criteria listed below and also retains a substantial degree of architectural and structural integrity with respect to the original design, as determined by the Heritage Preservation Commission. To qualify for inclusion in the Heritage Resource Inventory without being designated as a historic landmark, heritage lane or historic district, a property must satisfy any one or more of the criteria listed below. (a) It exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history of the City, the County, the State or the nation; or (b) It is identified with persons or events significant in local, county, state or national history; or (c) It embodies distinctive characteristics of a style, type, period or method of construction, or is a valuable example of the use of indigenous materials; or (d) It is representative of the notable design or craft of a builder, designer, or architect; or (e) It embodies or contributes to unique physical characteristics representing an established and familiar visual feature of a neighborhood or district within the City; or (f) It represents a significant concentration or continuity of site, buildings, structures or objects, unified by past events or aesthetically by plan or physical or natural development; or (g) It embodies or contributes to a unique natural setting or environment constituting a distinct area or district within the City having special character or special historical, architectural or aesthetic interest or value. 13-15.020 - Applications. (a) Applications for designation as a historic landmark, heritage lane or historic district, or for inclusion on the Heritage Resource Inventory without being designated as a historic landmark, heritage lane or historic district, may be submitted to the Heritage Preservation Commission by any of the following: (1) The owner or owners of a building, improvement, structure, natural feature, site or area of land, requesting designation of their property as a historic landmark or 352 6 | Page requesting inclusion of their property on the Heritage Resource Inventory without being designated as a historic landmark; (2) The owners of at least sixty percent of the frontage of all recorded lots abutting a street, road, avenue, boulevard, pathway or trail, or portion thereof public right-of- way, requesting designation as a heritage lane; (3) The owners of at least sixty percent of the area of all recorded lots within a specific geographic section of the City, requesting designation of the entire section as a historic district. (b) The City Council or the Planning Commission may also, by resolution or motion, refer a proposed designation to the Heritage Commission for its recommendation and the Heritage Commission may consider a proposed designation upon its own initiative. 13-15.030 - Study of proposal. The Heritage Preservation Commission shall conduct a study of the proposed designation, based upon such information or documentation as it may require from the applicant, the Commission staff, or from other available sources. Public hearings shall not be required, but the Commission may, in its discretion, receive written or verbal comments from any persons having an interest in the proposal or any information relevant thereto. 13-15.040 - Objections to proposals Proposed Designations. The City Council or the Planning Commission may, by resolution or motion, refer a proposed designation to the Heritage Preservation Commission for its recommendation and the Heritage Preservation Commission may consider a proposed designation upon its own initiative. (a) In the event designation of a historic landmark, heritage lane or historic district is proposed by the City Council or Planning Commission or considered by the Heritage Preservation Commission upon its own initiative, and in the further event the Heritage Preservation Commission, as a result of its study of the proposal, determines that the proposal should be recommended to the City Council for designation, the Heritage Preservation Commission shall mail written notice of its intended recommendation to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is the subject of the proposed designation. Such written notice shall contain a complete description of the proposed designation and shall advise the property owners that written objections to the proposal may be filed with the Heritage Commission within forty- five days from the date of the notice. (b) If objections are filed by the owner of any property proposed to be designated as a historic landmark or by the owners of at least forty-one percent of the frontage of all recorded lots abutting a proposed heritage lane, or by the owners of at least forty-one percent of the area of all recorded lots within a proposed historic district, the Heritage Preservation Commission shall discontinue any further consideration of the proposal. Such proposal may not again be considered for designation for at least twelve months after the date of mailing the notice to the property owners unless, prior to the expiration of such twelve-month period: 353 7 | Page (1) The owner or owners of a proposed historic landmark withdraw their objection; or (2) A sufficient number of owners of recorded lots abutting a proposed heritage lane or recorded lots within a proposed historic district withdraw their objections so as to reduce the total percentage of objectors to less than forty-one percent; or (3) In the case of a proposed heritage lane or historic district, the Heritage Preservation Commission decides to modify the proposal by reducing the size or boundaries thereof so as to reduce the total percentage of objectors to less than forty-one percent. (c) In the event inclusion on the Heritage Resource Inventory is proposed by the City Council or Planning Commission or considered by the Heritage Preservation Commission upon its own initiative, and in the further event the Heritage Preservation Commission, as a result of its study of the proposal, determines that the proposal should be included in the Heritage Resource Inventory the Heritage Preservation Commission shall mail written notice of its intent to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is proposed to be included in the Heritage Resource Inventory. Such written notice shall contain a complete description of the proposed action and shall advise the property owners that written consent to the proposed action is required. If consent is not received the property shall not be included on the Heritage Resource Inventory. 13-15.050 - Recommendation by Heritage Preservation Commission. Provided the Heritage Preservation Commission is not required to discontinue consideration of a proposal by reason of objections raised and the property owner has provided written consent to the inclusion of the proposal on the Heritage Resource Inventory or other proposed designation pursuant to Section 13-15.040, the Heritage Preservation Commission shall render a written report within a reasonable time accompanied by all of the information and documentation reviewed by the Heritage Preservation Commission. The report shall either recommend the designation as originally proposed, recommend a modified designation or recommend that the proposed designation be rejected. The report shall set forth in detail the reasons for the Heritage Preservation Commission's decision and the information and documentation relied upon in support thereof. A copy of the report shall be sent to the property owner or owners. 13-15.060 - Historic landmark. (a) The report and recommendations of the Heritage Preservation Commission on a proposed historic landmark, together with the information and documentation pertaining thereto, shall be forwarded to the City Council. The City Council shall consider the report at its next available regular meeting and determine whether or not to accept the Heritage Preservation Commission's recommendations. The City Council shall by ordinance either approve the proposed historic landmark designation, in whole or in part or as modified, or shall by motion disapprove the proposal in its entirety. 354 8 | Page (b) Until final action has been taken by the City Council on the proposed designation as a historic landmark, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be formed upon or within the property which is the subject of the proposed designation, unless approved by the Heritage Preservation Commission or the City Council. This restriction shall become effective as of the time the application for designation is filed, or upon the expiration of time for filing objections in response to the notice given pursuant to Subsection 13-15.040(a) of this Article, as the case may be. (c) In the event an designating ordinance designating a historic landmark is adopted by the City Council, such ordinance shall become effective thirty days following adoption thereof and the designated property shall thereafter be subject to the regulations set forth in this Chapter and such further restrictions or controls as may be specified in the designating ordinance. (d) Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the City, the County, the State or the nation, and satisfies one or more of the criteria set forth in Section 13-15.010. 13-15.070 - Heritage lane or historic district. (a) Report to Planning Commission. The report and recommendations of the Heritage Preservation Commission on a proposed heritage lane or historic district, together with the information and documentation pertaining thereto, shall be forwarded to the Planning Commission. (b) Public hearing; notice. The Planning Commission shall conduct a public hearing on the proposed designation within sixty days after receipt of the Heritage Preservation Commission's report. Notice of the public hearing shall be given in the manner provided in Section 13-15.080. (c) Actions of Planning Commission. The Planning Commission shall either recommend approval of the designation as originally proposed, or approval of the designation as modified by the Heritage Preservation Commission or the Planning Commission or both, or recommend that the proposed designation be rejected. If the Planning Commission recommends approval or modified approval of the designation, it shall instruct the Commission staff to prepare and shall approve a proposed form of ordinance for adoption by the City Council designating the heritage lane or historic district and establishing a zoning overlay for such lane or district. The proposed ordinance may include such regulations or controls over the designated property as the Planning Commission deems reasonably necessary for the conservation, enhancement and preservation thereof. (d) Transmittal of documents to City Council. The recommendations of the Planning Commission, together with the report and recommendations of the Heritage Preservation Commission and the information and documentation pertaining thereto, and the proposed ordinance, if any, shall be transmitted to the City Council and considered at its next available regular meeting. (e) Actions of City Council. If the City Council determines that the proposed heritage lane or historic district should be considered for designation as a heritage resource, it shall adopt a resolution initiating final designation proceedings. Such resolution shall schedule a public 355 9 | Page hearing on the proposed designation to be conducted within sixty days. Notice of the public hearing shall be given in the manner provided in Section 13-15.080. The resolution may further provide that during the pendency of the final designation proceedings, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be performed upon or within the property which is the subject of the proposed designation, or may be issued only upon specified conditions or under specified circumstances. (f) Adoption or disapproval. At the conclusion of the public hearing, but in no event later than sixty days from the date set in the resolution for the initial public hearing, the City Council shall either adopt an ordinance designating the heritage lane or historic district, in whole or in part, or as modified, or shall by motion disapprove the proposal in its entirety. (g) Effective date. In the event a designating ordinance is adopted by the City Council, such ordinance shall become effective thirty days following adoption thereof and the designated property shall thereafter be subject to the regulations set forth in this Chapter and such further regulations or controls as may be specified in the designating ordinance. (h) Findings and criteria for adoption of ordinance. Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the City, the County, the State or the nation, and satisfies one or more of the criteria set forth in Section 13-15.010. 13-15.080 - Notice of public hearings. (a) Notice of the time, place and purpose of public hearings conducted by the City Council and the Planning Commission pursuant to this Chapter shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing such notice as follows: (1) In the case of a proposed heritage lane, notice shall be sent to all persons whose names appear on the latest available tax roll of the County as owning any property abutting the proposed heritage lane. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. (2) In the case of a proposed historic district, notice shall be mailed to all persons shown on the latest available tax roll of the County as owning any property within the boundaries of the proposed district. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. (b) Failure to send any notice by mail to any property owner whose name and address is not a matter of public record shall not invalidate any proceedings in connection with a proposed designation. The City Council or Planning Commission may, but shall not be obligated, to give such other notices as they deem appropriate or desirable. 13-15.090 - Notice of designation. (a) Following adoption by the City Council of an ordinance designating a historic landmark, heritage lane or historic district, the Commission staff shall send notice of the designation, together with a copy of the ordinance, to the owner or owners of the designated historic 356 10 | Page landmark, or the owners of all property abutting a designated heritage lane, or the owners of all property within a designated historic district. The notice shall inform such owners that the designated property will be added to the Saratoga Heritage Resource Inventory and may be eligible for certain privileges and benefits under local, state or federal law. The notice shall include a statement of the regulations and restrictions upon the designated property. The Commission staff shall also send notice of the designation to: (1) The Heritage Preservation Commission. (2) The Planning Commission. (3) Any agency or department of the City requesting such notice or affected by the designation. (4) The Saratoga Historical Foundation. (5) The Santa Clara County Historical Heritage Commission. (6) The California State Historic Preservation Officer. (7) The Saratoga News. (b) Notice of the designation and the complete legal description of the designated property shall be recorded in the office of the Recorder for the County. 13-15.100 - Termination of designation. (a) The owner or owners of a designated historic landmark or of a property listed on the Heritage Resource Inventory but not specifically designated as a historic landmark, or the owners of not less than sixty percent of the frontage of all recorded lots abutting a designated heritage lane, or the owners of not less than sixty percent of the area of all recorded lots within a designated historic district, may apply to the Heritage Preservation Commission for termination of the designation. The application shall contain a detailed description of all facts and circumstances relied upon by the applicant as reasons for termination. (b) The same procedures, notices and hearings shall apply to the termination proceedings as set forth in Section 13-15.030 and Sections 13-15.050 through 13-15.080 of this Article. (c) A designation may be terminated only upon a finding by the City Council that as a result of change in circumstances, the designation is no longer consistent with the purposes and objectives of this Chapter and no longer satisfies any of the criteria set forth in Section 13- 15.010. (d) Upon termination of a designation, notices shall be sent to the same persons, commissions and agencies as set forth in Section 13-15.090, and a notice of termination shall also be recorded in the office of the Recorder for the County. Article 13-20 - PERMITS Sections: 13-20.010 - Permit required. 357 11 | Page It is unlawful for any person to alter, demolish, remove, relocate or otherwise change any exterior architectural feature or natural feature of a designated historic landmark or to construct, alter, demolish, remove or relocate any building, improvement or other structure upon any property located within a designated heritage lane or historic district, or to place, erect, alter or relocate any sign upon or within a designated historic landmark, heritage lane or historic district heritage resource, without first obtaining a written permit to do so in the manner provided in this Article; provided, however, that the foregoing requirements shall not apply when alternative permit requirements for a specific historic landmark, heritage lane, or historic district have been specified by the ordinance designating the landmark, lane, or district. (Amended by Ord. 213 § 3(A), 2002) 13-20.020 - Applications. Applications for permits, on forms prescribed by the Heritage Commission, shall be submitted to the Planning Community Development Director, who shall forward the application to the Heritage Preservation Commission for review and comment. The application shall be accompanied by a filing fee to cover the administrative cost of handling the permit request. 13-20.030 - Supporting data. The application shall include the following data: (a) Documentation establishing ownership of the designated property by the applicant for the permit. (b) A clear statement of the proposed work. (c) A site plan showing all existing buildings, structures, trees over twelve inches in diameter, property lines, easements and the proposed work. (d) Plans showing the exterior elevations, materials and grading of the proposed work. (e) Where the application is for demolition, a detailed statement of the necessity for demolition together with photographs of the structure to be demolished. (f) Such other information or documents as may be requested by the Heritage Preservation Commission. (g) Historic resource evaluation provided by a licensed historic architect or historic consultant professional 13-20.040 - Heritage Preservation Commission action. The Heritage Preservation Commission shall complete its review and issue a recommendation to the Planning Community Development Director within thirty days after receipt of the application, filing fee and all supporting data. Unless legally required, there shall be no notice, posting or publication requirements for action on the application, but all decisions shall be made at regular or noticed special meetings of the Heritage Preservation Commission. 358 12 | Page The Heritage Preservation Commission's recommendation shall be in writing and shall state the reasons relied upon in support thereof. Upon receipt of the Heritage Preservation Commission's recommendations, the Planning Community Development Director shall forward a copy thereof to the applicant. 13-20.050 - Issuance of permit. If the Heritage Preservation Commission recommends issuance of the permit requested in the application, or issuance of such permit subject to conditions, the Planning Community Development Director shall proceed to issue the permit in accordance with the recommendation after the expiration of ten days from the date the recommendation is delivered to the Planning Community Development Director, provided that no appeal has been filed during such time and provided further, that no other approval under this Code is required for issuance of such permit. In the event the Heritage Preservation Commission recommends denial of the application, the Planning Community Development Director shall notify the applicant that the requested permit will not be granted. 13-20.060 - Appeal. (a) Any recommendations issued by the Heritage Preservation Commission with respect to the granting or denial of a permit may be appealed by the applicant or any interested person to the Planning Commission. The appeal shall be taken by filing with the Secretary of the Planning Commission a written notice thereof within ten days from the date the Heritage Preservation Commission delivers its recommendation to the Planning Community Development Director. The notice of appeal shall be signed by the appellant and shall set forth all of the grounds for the appeal, together with a filing fee to cover the administrative cost of handling the appeal. Upon receipt of the notice of appeal and filing fee, the Secretary of the Planning Commission shall set the appeal for hearing at the next available regular meeting of the Planning Commission. The Planning Commission shall conduct a hearing de novo on the appeal and may adopt, reject or modify the recommendations of the Heritage Preservation Commission. (b) The decision of the Planning Commission may be further appealed to the City Council by either the applicant or any interested person, in accordance with the procedure set forth in Section 2-05.030 of this Code. 13-20.070 - Criteria. The Planning Community Development Director, on the recommendation of the Heritage Preservation Commission, or the Planning Commission or City Council on appeal, shall authorize issuance of a permit, or a conditional permit, if and only if, it is determined that: (a) The proposed work is consistent with the purposes and objectives of this Chapter. (b) The proposed work does not adversely affect the character of the designated historic landmark, heritage lane or historic district. (c) In the case of construction of a new building, structure or other improvement upon or within a designated historic landmark, heritage lane or historic district, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of the existing landmark, lane or district. 359 13 | Page 13-20.080 - Hardship. Notwithstanding Section 13-20.070, the Planning Community Development Director, on the recommendation of the Heritage Preservation Commission, or the Planning Commission or City Council on appeal, may approve an application for a permit to conduct any proposed work upon or within a designated historic landmark or property located within a designated heritage lane or historic districtheritage resource, if the applicant presents clear and convincing evidence demonstrating that a disapproval of the application will work immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work or because of conditions peculiar to the particular improvement, building, structure, topography or other feature involved. If a hardship is found to exist under this Section, the Heritage Preservation Commission or the Planning Commission or City Council shall make a written finding to that effect, and shall specify the facts and reasons relied upon in making such finding. Article 13-25 - MISCELLANEOUS PROVISIONS Sections: 13-25.010 - Fees. (a) No fee shall be charged for the filing, processing or public noticing of any application for designation or any application for termination of a designation. (b) The City Council shall by resolution adopt a schedule of fees to be charged for the filing and processing of applications for any permit required under Section 13-20.010, and appeals to the Planning Commission and City Council pursuant to Section 13-20.060. 13-25.020 - Ordinary maintenance and repair. Nothing in this Chapter shall be construed to prevent the ordinary maintenance, painting, landscaping or repair of any exterior feature in or upon any designated historic landmark or property located within a designated heritage lane or historic districtheritage resource that does not involve a change in design, material or the external appearance thereof, nor does this Chapter prevent the construction, reconstruction, alteration, restoration, demolition or removal of any designated historic landmark or property located within a designated heritage lane or historic district which has been certified by the City building inspector, or fire chief, or other code enforcement officer as being in unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code. 13-25.030 - Duty to keep in good repair. The owner, occupant, or the person in actual charge of a designated historic landmark or property located within a designated heritage lane or historic district shall keep and maintain in good condition and repair all exterior portions thereof, all interior portions thereof when subject to special regulation or control as specified in the designating ordinance or permit, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature or natural feature. 13-25.040 - Enforcement. 360 14 | Page (a) The violation of any provision contained in this Chapter is hereby declared to be unlawful and shall constitute a misdemeanor, subject to the penalties as prescribed in Chapter 3 of this Code. (b) The Planning Community Development Director shall have the duty and authority to enforce the provisions of this Chapter, and any other laws, rules or regulations of the City which govern or relate to the issuance of permits for work to be performed upon or within a designated historic landmark or property located within a designated heritage lane or historic district, by any or all of the following means: (1) Serving notice upon the owner or occupant requiring the correction or removal of any violation of this Chapter. (2) Issuance of citations for violation of any provision of this Chapter. (3) Authorizing and instructing the City Attorney to initiate appropriate legal proceedings against any person who violates this Chapter, including actions for injunctive relief to restrain or enjoin such violation. (4) Request enforcement assistance from the County Sheriff's Department and the City Community Service Officers. 361 Ordinance Discussion Preface The Ordinance needs to be reviewed for accuracy and for current operation. As an example: *The definitions need to be revised. * Writing style--negative words such as "limited to" should be removed. *"Standards" should be specified as Secretary of Interior's Standards to meet CLG requirements *Process of listing on the heritage inventory has to be specified *Removal from the HRI (Heritage Resource Inventory) should be explained * Explanation of who and how commissioners are selected (including term length) * Zoning ordinance needs to be updated to reflect the desire to preserve homes and structures and not sound so limited * Mills Act contract process needs to be defined * Process should include adequate time for the HPC to review heritage structures to be properly analyzed for changes and the ability to ask for professional assistance if needed * Comparison of ordinance of other city's of comparable size Please review the PDF for some of the suggested changes. Thank you. 362 1 Text to be added is indicated in bold underlined font (e.g., bold-underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough). Text in standard font remains unchanged by this ordinance. Text in red for notes submitted and yellow for accenting some changes. Chapter 13- HERITAGE PRESERVATION Articles: Article 13-05- GENERAL PROVISIONS Sections: 13-05.010 -Purpose. It is hereby declared as a matter of public policy that the recognition, preservation, enhancement and use of heritage resources with the City is required in the interest of the health, economic properity, cultural enrichment and general welfare of the people. The purpose of this Chapter is to: (a) Safeguard the heritage of the city by providing for the protection of irreplaceable heritage resources representing significant elements of its history; (b) Enhance the visual character of the City by encouraging and regulating the compatibility of architectural styles within historic areas which reflect established architectural traditions; (c )Encourage public knowledge, understanding and appreciation of the City's past, and foster civic and neighborhood pride and sense of identity based upon the recognition and use of the City's heritage resources; (d) Stabilize and improve property values within the City and increase the economic and financial benefits to the City and its inhabitants derived from the preservation, rehabilitation, and use of heritage resources; ( e) Integrate the conservation of heritage resources into the public and private development process and identify as early as possible and resolve conflicts between the preservation of such resources and alternative land uses. 13-05.20 -Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise: (a) Alteration means any exterior change or modification of a designated historical landmark, heritage resource, or any property within a designated heritage lane or historic district including, but not limited to, exterior changes to or modifications of structure, architectural details or visual characteristics, grading, surface paving the addition of new structures, removal or alteration of natural features, disturbance of archeological sites or area, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, walls, fences, steps or gates affecting the exterior visual qualities of the property, but does not include painting, landscaping and ordinary maintenance. 363 2 (b) Designated b Heritage lane means a public right-of-way such as a street, road, avenue, boulevard, pathway or trail that has been designated as a heritage resource pursuant to this Chapter and excludes: it does not include properties abutting any such public right-of-way. ( c )Designated b Historic district means a building, improvement, structure, natural feature, site or area of land under single or common ownership, designated as a heritage resource pursuant to this Chapter. Note: Remove this for now until surveys confirm it. Note: Historic districts hall name geographically definable area of urban or rural character possessing a significant concentration or continuity of site, building, structures or objects unified by past events or aesthetically by plan or physical development. (d) Designated-b-Historic landmark means a building, improvement, structure, natural feature, site or areas of land under single or common ownership, designated as a heritage resource pursuant to this Chapter. Note: Historic landmarks. The term "historic landmarks" shall mean any of the following which have a special historical, architectural, cultural, aesthetic or engineering interest or value of an historical nature: 1. individual structure or portion thereof; 2. an integrated group of structures on a single lot; 3. a site or portion thereof; 4. or any combination of the above. ( e)Exterior architectural feature means the architectural elements embodying style, design, general arrangement and components of all the outer surfaces of an improvement, including but not limited to, the kind and texture of building materials and the type and style of windows, doors, lights, signs and other fixtures appurtenant to such improvements. (f) Heritage Preservation Commission means the historical preservation commission established pursuant to this Chapter and Commission means a member of the Heritage Preservation Commission. (g) Commission staff means the Planning Community Development Director and his/her authorized representatives. Note: State the Chapter 13 and how it is appointed. (h) Heritage resource means any public or private property designated by the City pursuant to this Chapter, as a historic landmark, heritage lane, or historic district, and those properties listed on the City's Heritage Resource Inventory. Note: City Council or HPC (i) Heritage Resource Inventory means the City's official inventory of heritage resources, as adopted and amended from time to time by resolution of the Heritage Preservation Commission. A property may be listed on the Heritage Resource Inventory without being designated pursuant to this Chapter as a historic landmark, heritage lane or historic district. Note: use CLG termnology (j) Improvement means any building, structure, parking facility, fence, gate, wall, work of art or other appurtenance or addition thereto constituting a physical betterment of real property, or any part of such betterment. (k) Public Right-of-Way shall have the meaning set forth in section 15-06.570 (a) of this Code. 364 3 Article 13-10- HERITAGE PRESERVATION COMMISSION (1) Sections: Note: Add process for demolition to section. Footnote1: Editor's note-- Ord. No. 340, 1 (Att. A. 11), adopted July 6, 2016, repealed the former 13- 10.020, which pertained to term of office and derived from original codification, and renumbered subsequent sections as herein set out. 13-10.00 Creation,: qualification and residency of members. There is hereby established a CLG qualified Heritage Preservation Commission consisting of five unpaid members who shall be appointed by the City Council and shall all have a demonstrated interest in, competence or knowledge in historic preservation. In addition: (a) One of the members shall have been a candidate nominated by the Saratoga Historical Foundation. (b) A minimum of two of the members should be encouraged to be appointed shall be appointed Note: Can be professionals from among the disciplines of architecture, history, architectural history, planning, archeology or other historic preservation related disciplines such as urban planning, architecture/construction, American studies, American civilization, cultural geography or cultural anthropology, to the extent that such professionals are available in the community. The candidate nominated by the Saratoga Historical Foundation can qualify as this professional member. Note: add residency requirement and term length. Ord. No. 356, 1 (att.A), 10-3-2018) 13-10.020- Vacancy and Removal. In the event of a vacancy occurring during the term of a Commissioner where such Commissioner is required to have special qualifications, such vacancy shall be filled by interim appointment with a person having such qualifications. (Amended by Ord. No. 340, 1 (att. A, 11), 7-6-2016) 13-10.30 Organization. (a) The Community Development Director or designee shall act as Secretary for the Heritage Preservation Commission, shall be the custodian of its records; shall conduct official correspondence; and shall generally supervise the clerical and technical work performed at the request or on behalf of the Heritage Preservation Commission. (b) The Heritage Preservation Commission shall meet quarterly, or more frequently upon call of the Chair or Commission staff, as necessary. All meetings shall be open to the public and a public record 365 4 shall be kept of all Commission proceedings and actions. A majority of Commissioners shall constitute a quorum, with the Chair having a vote. (Amended by Ord. No. 340, l (Att. 11), 7-6-2016). 13-10.040 - Powers and Duties. The Heritage Preservation Commission shall be advisory only to the City Council, the Planning Commission and the agencies and departments of the City, and shall establish liaison and work in conjunction with such authorities to implement the purposes of this Chapter. The Heritage Preservation Commission shall have the following powers and duties: (a) Conduct, or cause to be conducted, a comprehensive survey of properties within the boundaries of the City for the purpose of establishing the Heritage resource Inventory To qualify for inclusion in the Heritage Resource Inventory, a property must satisfy any one or more of the criteria listed in Section 13-15.010 of this Chapter. The Inventory which shall be publicized and periodically updated, and a copy there of shall be kept on file in the Planning Department. (b) Recommend to the City Council specific proposals for designation as a historic landmark, heritage lane or historic district. (c ) Recommend to the appropriate City agencies or department projects and action programs for the recognition, conservation, enhancement and use of the City's heritage resources, including Secretary of Interior standards to be followed with respect to any applications for permits to construct change, alter, remodel, remove or otherwise affect such resources. (d) Review and comment upon existing or proposed ordinances, plans or policies of the City as they relate to heritage resources. (e ) Review and comment upon all applications for building, demolition, grading, or tree removal permits involving work to be performed upon or within a designated historic landmark, heritage lane or historic district, and all applications for tentative map approval, rezoning, building site approval, use permit, variance approval, design review or other any work permit, or approval pertaining to or significantly affecting any heritage resource. The Heritage Preservation Commission's review for work concerning a heritage lane shall be limited to applications for work on heritage resources to be performed directly upon or within a designated heritage lane. The Commission's comments shall be forwarded to the City agency or department processing the application within thirty days after receiving the request for such comments. (f) Investigate and report to the City Council on the availability of federal, state, county, local or private funding sources or programs for the rehabilitation and preservation of heritage resources. (g) Cooperate with county, state and federal governments and with private organizations in the pursuit of the objectives of heritage conservation. (h) Upon the request of a property owner or occupant and at the discretion of the Heritage Preservation Commission, render advice and guidance on the conservation, rehabilitation, alteration, decoration, landscaping, or maintenance of any heritage resource such voluntary advice and guidance shall not impose any regulation or control over any property. (i) Participate in, promote and conduct public information and educational programs pertaining 366 5 to heritage resources. (j) Perform such other functions as may be delegated to it by resolution or motion of the City Council. (k) Note: maintain a comprehensive system for identifying evaluating inventory, and registering the city historical and cultural resources (Amended by Ord. No. 340 l (Att.A, 11), 7-6-2016) Article 13-15 DESIGNATION OF A HERITAGE RESOURCE Sections: 13-15.010- Criteria. The Heritage Preservation Commission may recommend to the City Council designation of a proposal as a historic landmark, heritage lane or historic district if it satisfies any two or more of the criteria listed below and also retains a substantial degree of architectural and structural integrity with respect to the original design, as determined by the Heritage Preservation Commission. To qualify for inclusion in the Heritage Resource Inventory without being designated as a historic landmark, heritage lane or historic district, a property must satisfy any one or more of the seven criteria listed below. (a) It exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history of the City, the County, the State or the nation; or (b) It is identified with persons or events significant in local, county, state or national history; or ( c) It embodies distinctive characteristics or a style, type, period or method of construction, or is a valuable example of the use of indigenous materials; or (d) It is representative of the notable design or craft of a builder, designer, or architect; or ( e) It embodies or contribute to unique physical characteristics representing an established and familiar visual feature of a neighborhood or district within the City; or (f) It represents a significant concentration or continuity of site, buildings, structures or objects, unified by past events or aesthetically by plan or physical or natural development; or (g) It embodies or contributes to a unique natural setting or environment constituting a distinct area or district within the City having special character or special historical, architectural or aesthetic interest or value. 13-15,012-Applications. (a) Applications for designation as a historic landmark, heritage lane or historic district, or for inclusion on the Heritage Resource Inventory without being designated as a historic landmark, heritage lane or historic district, may be submitted to the Heritage Preservation Commission by any of the following methods: (1) The owner or owners of a building, improvement, structure, natural feature, site or area of land, requesting designation of their property as a historic landmark or requesting 367 6 inclusion of their property on the Heritage Resource Inventory without being designated as a historic landmark: (2) The owners of at least sixty percent of the frontage of all recorded lots abutting a street, road, avenue, boulevard, pathway or trail, or portion thereof public right-of-way, and requesting designation as a heritage lane; (3) The owners of at least sixty percent of the area of all recorded lots within a specific geographic section of the City, requesting designation of the entire section as a historic district. b) The City Council or the Planning Commission may also by resolution or motion, refer a proposed designation to the Heritage Preservation Commission for its recommendation and the Heritage Preservation Commission may consider a proposed designation upon its own. initiative.Note this statement is below and a duplicate. 13-15.030 Study of Proposal. The Heritage Preservation Commission shall conduct a study of the proposed designation, based upon such information or documentation as it may require from the applicant, the Commission staff, or from other available sources. Public hearings shall not be required, but the Commission may, in its discretion, receive written or verbal comments from any persons having an interest in the proposal or any information relevant thereto. 13-15.040 Objections to Proposals Proposed Designations. The City Council or the Planning Commission may, by resolution or motion, refer a proposed designation to the Heritage Preservation Commission for its recommendation and the Heritage Preservation Commission may consider a proposed designation upon its own initiative. (a) In the event designation of a historic landmark, heritage lane or historic district is proposed by the City Council or Planning Commission or considered by the Heritage Preservation Commission upon its own initiative, and in the further event the Heritage Preservation Commission, as a result of its study of the proposal, determines that the proposal should be recommended to the City Council for designation, the Heritage Preservation Commission staff shall mail written notice of its intended recommendation to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is the subject of the proposed designation. Such written notice shall contain a complete description of the proposed designation and shall advise the property owners that written objections to the proposal may be filed with the Heritage Preservation Commission within forty-five days from the date of the notice. (b) If objections are filed by the owner of any property proposed to be designated as a historic landmark or by the owners of at least forty-one percent of the frontage of all recorded lots abutting a proposed heritage lane, or by the owners of at least forty-one percent of the area of all recorded lots within a proposed historic district, the Heritage Preservation Commission shall discontinue any further consideration of the proposal. Such proposal may not again be considered for designation for at least twelve months after the date of mailing the notice to the property owners unless, prior to the expiration of such twelve-month period: 368 7 (1) The owner or owners of a proposed historic landmark, withdraw their objection; or (2) A sufficient number of owners of recorded lots abutting a proposed heritage lane or recorded lots within a proposed historic district withdraw their objections so as to reduce the total percentage of objectors o less than forty-one percent; or (3) In the event inclusion on the Heritage Resource Inventory is proposed by the City Council or Planning Commission or considered by the Heritage Preservation Commission upon its own initiative, and in the further event the Heritage Preservation Commission, as a result of its study of the proposal, determines that the proposal should be included in the Heritage Resource Inventory the Heritage preservation Commission shall mail written notice of its intent to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is proposed to be included in the Heritage Resource Inventory. Such written notice shall contain a complete description of the proposed action and shall advise the property owners that written consent to the proposed action is required. If consent is not received the property shall not be included on the Heritage Resource Inventory. Note: Shouldn't need owner's consent. This is against CLG requirements. We are required to do surveys and maintain records with the city--How? needs to be added. Need to add info on the Mills Act. 13-15.050 Recommendation by Heritage Preservation Commission. Provided the Heritage Preservation Commission is not required to discontinue consideration of a proposal by reason of objections raised and the property owner has provided written consent to the inclusion of the proposal on the Heritage Resource Inventory or other proposed designation pursuant to Section 13-15.040, the Heritage Preservation Commission shall render a written report within a reasonable time accompanied by all of the information and documentation reviewed by the Heritage Preservation Commission. The report shall either recommend the designation as originally proposed, recommend a modified designation or recommend that the proposed designation be rejected. The report shall set forth in detail the reasons for the Heritage Preservation Commission's decision and the information and documentation relied upon in support thereof. A copy of the report shall be sent to the property owner or owners. 13-15.060 Historic Landmark. (a) The report and recommendation of the Heritage Preservation Commission on a proposed historic landmark, together with the information and documentation pertaining thereto, shall be forwarded to the City Council. The City Council shall consider the report at its next available regular meeting and determine whether or not to accept the Heritage Preservation Commission's recommendations. The City Council shall by ordinance either approve the proposed historic landmark designation, in whole or in part or as modified or shall by motion disapprove the proposal in its entirety. (b) Until final action has been taken by the City Council on the proposed designation as a historic landmark, no building, alteration, grading, demolition or tree removal permit shall be issued 369 8 for any work to be formed upon or within the property which is the subject of the proposed designation, unless approved by the Heritage Preservation Commission or the City Council. This restriction shall become effective as of the time the application for designation is filed, or upon the expiration of time for filing objections in response to the notice given pursuant to Subsection 13-15.040 (a) of this Article, as the case may be. ( c) In the event as designating ordinance designating a historic landmark is adopted by the City Council, such ordinance shall become effective thirty days following adoption thereof and the designated property shall thereafter be subject to the regulations set forth in this Chapter and such further restrictions or controls as may be specified in the designating ordinance. (d) Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the city, the County, the State or the nation, and satisfies one or more of the criteria set forth in Section 13-15.010. 13-15.070 Heritage Lane or Historic District (a) Report to Planning Commission. The report and recommendations of the Heritage Preservation Commission on a proposed heritage lane or historic district, together with the information and documentation pertaining thereto, shall be forwarded to the Planning Commission. (b) Public hearing; notice. The Planning Commission shall conduct a public hearing on the proposed designation within sixty days after receipt of the Heritage Preservation Commission's report. Notice of the public hearing shall be given in the manner provided in Section 13-15-080. ( c) Actions of Planning Commission. The Planning Commission shall either recommend approval of the designation as originally proposed, or approval of the designation as modified by the Heritage Preservation Commission or the Planning Commission or both, or recommend that the proposed designation be rejected. If the Planning Commission recommends approval or modified approval of the designation, it shall instruct the Commission staff to prepare and shall approve a proposed form of ordinance for adoption by the City Council designating the heritage lane or historic district and establishing a zoning overlay for such lane or district. The proposed ordinance may include such regulations or controls over the designated property as the Planning Commission deems reasonable necessary for the conservation, enhancement and preservation thereof. (d) Transmittal of documents to City Council. The recommendations of the Planning Commission, together with the report and recommendations of the Heritage Preservation Commission and the information and documentation pertaining thereto, and the proposed ordinance, if any, shall be transmitted to the City Council and considered at its next available regular meeting. ( e) Actions of City Council. If the City Council determines that the proposed heritage lane or historic district should be considered for designation as a heritage resource, it shall adopt a resolution initiating final designation proceedings. Such resolution shall schedule a public 370 9 hearing on the proposed designation to be conducted within sixty days. Notice of the public hearing shall be given in the manner provided in Section 13-15.080. The resolution may further provide that during the pendency of the final designation proceedings, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be performed upon or within the property which is the subject of the proposed designation, or may be issued only upon specified conditions or under specified circumstances. (f) Adoption or disapproval. At the conclusion of the public hearing, but in no event later than sixty days from the date set in the resolution for the initial public hearing, the City Council shall either adopt an ordinance designating he heritage lane or historic district, in whole or in part, or as modified, or shall by motion disapprove the proposal in its entirety. (g) Effective date. In the event a designating ordinance is adopted by the City Council, such ordinance shall become effective thirty days following adoption thereof and the designated property shall thereafter be subject to the regulation set forth in this Chapter and such further regulations or controls as may be specified in the designating ordinance. (h) Findings and criteria for adoption of ordinance. Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural, or aesthetic interest or value as part of the heritage or history of the City, the County, the state or the nation, and satisfies one or more of the criteria set forth in Section 13-15.010. 13-15.080 Notice of Public Hearings. (a) Notice of the time, place and purpose of public hearings conducted by the City Council and the Planning Commission pursuant to the Chapter shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing such notice as follows: (1) In the case of a proposed heritage lane, notice shall be sent to all persons whose names appear on the latest available tax roll of the County as owning any property abutting the proposed heritage lane. Notice of the public hearing shall also be published once in a newspaper having general circulation int eh City not later than ten days prior to the date of the hearing. (2) In the case of a proposed historic district, notice shall be mailed to all persons shown on the latest available tax roll of the County as owning any property within the boundaries of the proposed district. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date of the hearing. (b) Failure to send any notice by mail to any property owner whose name and address is not a matter of public record shall not invalidate any proceedings in connection with a proposed designation. The City Council or Planning Commission may, but shall not be obligated to give such other notices as they deem appropriate or desirable. 13-15.090 Notice of Designation. (a) Following adoption by the City Council of an ordinance designating a historic landmark, heritage lane or historic district, the Commission staff shall send notice of the designation, together with a copy of the ordinance, to the owner or owners of the designated historic landmark, or the owners of 371 10 all property abutting a designated heritage lane, or the owners of all property within a designated historic district. The notice shall inform such owners that the designated property will be added to the Saratoga Heritage Resource Inventory and may be eligible for certain privileges and benefits under local, state or federal law. The notice shall include a statement of the regulations and restrictions upon the designated property. The Commission staff shall also send notice of the designation to: 1. The Heritage Preservation Commission 2. The Planning Commission 3. Any agency of department of the City requesting such notice of affected by the designation. 4. The Saratoga Historical Foundation 5. The Santa Clara County Historical Heritage Commission 6. The California State Historic Preservation Officer 7. The Saratoga News (b) Notice of the designations and the complete legal description of the designated property shall be recorded in the office of the Recorder of the County. 13-15.100 Termination of Designation. (a) The owner or owners of a designated historic landmark or of a property listed on the Heritage Resource Inventory but not specifically designated as a historic landmark, or the owners of not less than sixty percent of the frontage of all recorded lots abutting a designated heritage lane, or the owners of not less than sixty percent of the area of all recorded lots within a designated historic district, may apply to the Heritage Preservation Commission for termination of the designation. The application shall contain a detailed description of all facts and circumstances relied upon by the applicant as reasons for termination. (b) The same procedures, notices and hearings shall apply to the termination proceedings as set forth in Section 13-15.030 and Sections 13-15.050 through 12-15.080 of this Article. ( c) A designation may be terminated only upon a finding by the City Council that as a result of change in circumstances, the designation is no longer consistent with the purposes and objectives of this Chapter and no longer satisfies any of the criteria set forth in Section 13- 15.010. (d) Upon termination of a designation, notices shall be sent to the same persons, commissions and agencies as set forth in Section 13-15.090, and a notice of termination shall also be recorded in the office of the Recorder for the County. Article 13-20 PERMITS Section: 13-20.010 Permit required. It is unlawful for any person to alter, demolish, remove, relocate or otherwise change any exterior architectural feature or natural feature of a designated historic landmark or to construct, alter, demolish, remove or relocate any building, improvement or other structure upon any property located 372 11 within a designated heritage lane or historic district, or to place, erect, alter or relocated any sign upon or within a designated historic landmark, heritage lane or historic district heritage resource without first obtaining a written permit to do so in the manner provided in this Article; provided, however, that the foregoing requirements shall not apply when alternative permit requirements for a specific historic landmark, heritage lane, or historic district have been specified by the ordinance designating the landmark, lane, or district. (Amended by Ord. 213 3(A), 2002) 13-20.030 Supporting Data. The application shall include the following data: (a) Documentation establishing ownership of the designated property by the applicant for the permit (b) A clear statement of the proposed work. ( c) A site plan showing all existing buildings, structures, trees over twelve inches in diameter, property lines, easements and the proposed work. (d) Plans showing the exterior elevations, materials and grading of the proposed work. € Where the application is for demolition, a detailed statement of the necessity for demolition together with photographs of the structure to be demolished. (f) Such other information or documents as may be requested by the Heritage Preservation Commission (g) Historic resource evaluation provided by a licensed historic architect or historic consultant professional. Note: Report should not be disclosed to the applicant. Fees collected at time of submttal 13-20.040 Heritage Preservation Commission action. The Heritage Preservation Commission shall complete its review and issue a recommendation to the Planning Community Development Director within thirty days after receipt of the application, filing fee and all supporting data. Unless legally required, there shall be no notice, posting or publication requirements for action on the application, but all decisions shall be made at regular or noticed special meetings of the Heritage Preservation Commission. The Heritage Preservation Commission's recommendation shall be in writing and shall state the reasons relied upon in support thereof. Upon receipt of the Heritage Preservation Commission's recommendations, the Planning Community Development Director shall forward a copy thereof to the applicant. Note: A notification should be sent to commissioners as well as all HP applications filed with the City. 13-20.060 Appeal (a) Any recommendations issued by the Heritage Preservation Commission with respect to the granting or denial of a permit may be appealed by the applicant or any interested person to the Planning Commission. The appeal shall be taken by filing with the Secretary of the Planning Commission a written notice thereof within ten days from the date the Heritage Preservation Commission delivers its recommendation to the Planning Community Development Director. Then notice of appeal shall be signed by the appellant and shall set forth all of the grounds for the appeal, together with a filing fee to cover the administrative cost of handling the appeal. Upon receipt of the notice of appeal and filing fee, the Secretary 373 12 of the Planning Commission shall set the appeal for hearing at the next available regular meeting of the Planning Commission. The Planning Commission shall conduct a hearing de novo on the appeal and may adopt, reject or modify the recommendations of the Heritage Preservation Commission. (b) The decision of the Planning Commission may be further appealed to the City Council by either the applicant or any interested person, in accordance with the procedure set forth in Section 2-05.030 of this Code. Note: In some instances, HPC should be given one month to review an application as well as have funds to hire their own expert to rebut changes. 13-20.070 Criteria. The Planning Community Development Director, on the recommendation of the Heritage Preservation Commission, or the Planning Commission or City Council on appeal, shall authorize issuance of a permit, or a conditional permit, if and only if, it is determined that: (a) The proposed work is consistent with the purposes and objectives of this Chapter. (b) The proposed work does not adversely affect the character of the designated historic landmark, heritage lane or historic district. ( c) In the case of construction of a new building, structure or other improvement upon or within a designated historic landmark, heritage lane or historic district, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of the existing landmark, lane or district. 13-20.080 Hardship. Notwithstanding Section 13-20.070, the Planning Community Development Director, on the recommendation if the Heritage Preservation Commission, or the Planning Commission or City Council on appeal, may approve an application for a permit to conduct any proposed work upon or within a designated historic landmark or property located within a designated heritage lane or historic district heritage resource, if the applicant presents clear and convincing evidence demonstrating that a disapproval of the application will work immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work or because of conditions peculiar to the particular improvement, building, structure, topography or other feature involved. If a hardship is found to exist under this Section, the Heritage Preservation Commission or the Planning Commission or City Council shall make a written finding to that effect, and shall specify the facts and reasons relied upon in making such finding. Article 13-25- MISCELLANEOUS PROVISIONS Sections: 13-25.010 Fees. (a) No fee shall be charged for the filing, processing or public noticing of any applicatioin for 374 13 designation or any application for termination of a designation. (b) The City Council shall by resolution adopt a schedule of fees to be charged for the filing and processing of applications for any permit required under Section 13-20.010, and appeals to the Planning Commission and City Council pursuant t Section 13-20.060. 13-25.010 Ordinary Maintenance and Repair. Nothing in this Chapter shall be construed to prevent the ordinary maintenance, painting, landscaping or repair of any exterior feature in or upon any designated historic landmark or property located within a designated heritage lane or historic district heritage resource that does not involve a change in design, material or the external appearance thereof, nor does this Chapter prevent the construction reconstruction, alteration, restoration, demolition or removal of any designated historic landmark or property located within a designated heritage lane or historic district which has been certified by the City building inspector, or fire chief, or other code enforcement officer as being in unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code. 13-25-030 Duty to keep in good repair. The owner, occupant, or the person in actual charge of a designated historic landmark or property located within a designated heritage lane or historic district shall keep and maintain in good condition and repair all exterior portions thereof, all interior portions thereof when subject to special regulation or control as specified in the designating ordinance or permit, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature or natural feature. 13-25.040 Enforcement (a) The violation of any provision contained in this Chapter is hereby declared to be unlawful and shall constitute a misdemeanor, subject to the penalties as prescribed in Chapter 3 of this Code. (b) The Planning Community Development Director shall have the duty and authority to enforce the provisions of this Chapter, and any other laws, rules or regulations of the City which govern or relate to the issuance of permits for work to be performed upon or within a designated historic landmark or property located within a designated heritage lane or historic district, by any or all of the following means: (1) Serving notice upon the owner or occupant requiring the correction or removal of any violation of this Chapter. (2) Issuance of citations for violation of any provision of this Chapter. (3) Authorizing and instructing the City Attorney to initiate appropriate legal proceedings against any person who violates this Chapter, including actions for injunctive relief to restrain or enjoin such violation. (4) Request enforcement assistance from the county Sheriff's Department and the City Community Service Officers. 375 14 376 1 Text to be added is indicated in bold underlined font (e.g., bold-underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough). Text in standard font remains unchanged by this ordinance. Text in red for notes submitted and yellow for accenting some changes. Purple for new changes. Chapter 13- HERITAGE PRESERVATION Articles: Article 13-05- GENERAL PROVISIONS Sections: 13-05.010 -Purpose. It is hereby declared as a matter of public policy that the recognition, preservation, enhancement and use of heritage resources with the City is required in the interest of the health, economic properity, cultural enrichment and general welfare of the people. The purpose of this Chapter is to: (a) Safeguard the heritage of the city by providing for the protection of irreplaceable heritage resources representing significant elements of its history; (b) Enhance the visual character of the City by encouraging and regulating the compatibility of architectural styles within historic areas which reflect established architectural traditions; (c )Encourage public knowledge, understanding and appreciation of the City's past, and foster civic and neighborhood pride and sense of identity based upon the recognition and use of the City's heritage resources; (d) Stabilize and improve property values within the City and increase the economic and financial benefits to the City and its inhabitants derived from the preservation, rehabilitation, and use of heritage resources; ( e) Integrate the conservation of heritage resources into the public and private development process and identify as early as possible and resolve conflicts between the preservation of such resources and alternative land uses. 13-05.20 -Definitions. For the purposes of this Chapter, the following words and phrases shall have the meanings respectively ascribed to them in this Section, unless the context or the provision clearly requires otherwise: (a) Alteration means any exterior change or modification of a designated historical landmark, heritage resource, or any property within a designated heritage lane or historic district including, but not limited to, exterior changes to or modifications of structure, architectural details or visual characteristics, grading, surface paving the addition of new structures, removal or alteration of natural features, disturbance of archeological sites or area, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, walls, fences, steps or gates affecting the exterior visual qualities of the property, but does not 377 2 include painting, landscaping and ordinary maintenance. (b) Designated b Heritage lane means a public right-of-way such as a street, road, avenue, boulevard, pathway or trail that has been designated as a heritage resource pursuant to this Chapter and excludes: it does not include properties abutting any such public right-of-way. ( c )Designated b Historic district means a building, improvement, structure, natural feature, site or area of land under single or common ownership, designated as a heritage resource pursuant to this Chapter. Note: Remove this for now until surveys confirm it. Note: Historic districts hall name geographically definable area of urban or rural character possessing a significant concentration or continuity of site, building, structures or objects unified by past events or aesthetically by plan or physical development. (d) Designated-b-Historic landmark means a building, improvement, structure, natural feature, site or areas of land under single or common ownership, designated as a heritage resource pursuant to this Chapter. Note: Historic landmarks. The term "historic landmarks" shall mean any of the following which have a special historical, architectural, cultural, aesthetic or engineering interest or value of an historical nature: 1. individual structure or portion thereof; 2. an integrated group of structures on a single lot; 3. a site or portion thereof; 4. or any combination of the above. ( e)Exterior architectural feature means the architectural elements embodying style, design, general arrangement and components of all the outer surfaces of an improvement, including but not limited to, the kind and texture of building materials and the type and style of windows, doors, lights, signs and other fixtures appurtenant to such improvements. (f) Heritage Preservation Commission means the historical preservation commission established pursuant to this Chapter and Commission means a member of the Heritage Preservation Commission. (g) Commission staff means the Planning Community Development Director and his/her authorized representatives. Note: State the Chapter 13 and how it is appointed. (h) Heritage resource means any public or private property designated by the City pursuant to this Chapter, as a historic landmark, heritage lane, or historic district, and those properties listed on the City's Heritage Resource Inventory. Note: City Council or HPC (i) Heritage Resource Inventory means the City's official inventory of heritage resources, as adopted and amended from time to time by resolution of the Heritage Preservation Commission. A property may be listed on the Heritage Resource Inventory without being designated pursuant to this Chapter as a historic landmark, heritage lane or historic district. Note: use CLG terminology (j) Improvement means any building, structure, parking facility, fence, gate, wall, work of art or other appurtenance or addition thereto constituting a physical betterment of real property, or any part of such betterment. (k) Public Right-of-Way shall have the meaning set forth in section 15-06.570 (a) of this Code. 378 3 Article 13-10- HERITAGE PRESERVATION COMMISSION (1) Sections: Note: Add process for demolition to section. Footnote1: Editor's note-- Ord. No. 340, 1 (Att. A. 11), adopted July 6, 2016, repealed the former 13- 10.020, which pertained to term of office and derived from original codification, and renumbered subsequent sections as herein set out. 13-10.00 Creation,: qualification and residency of members. There is hereby established a CLG qualified Heritage Preservation Commission consisting of five unpaid members who shall be appointed by the City Council and shall all have a demonstrated interest in, competence or knowledge in historic preservation. In addition: (a) One of the members shall have been a candidate nominated by the Saratoga Historical Foundation. (b) A minimum of two of the members should be encouraged to be appointed shall be appointed Note: Can be professionals from among the disciplines of architecture, history, architectural history, planning, archeology or other historic preservation related disciplines such as urban planning, architecture/construction, American studies, American civilization, cultural geography or cultural anthropology, to the extent that such professionals are available in the community. The candidate nominated by the Saratoga Historical Foundation can qualify as this professional member. Note: add residency requirement and term length. The commissioner must be a registered voter in Saratoga. The commissioner can only serve on one commission at a time. The term served is four years. Two consecutive four year terms may be served. The commissioner can serve again after one year following expiration of the second consecutive four- year term. Ord. No. 356, 1 (att.A), 10-3-2018) 13-10.020- Vacancy and Removal. In the event of a vacancy occurring during the term of a Commissioner where such Commissioner is required to have special qualifications, such vacancy shall be filled by interim appointment with a person having such qualifications. (Amended by Ord. No. 340, 1 (att. A, 11), 7-6-2016) 13-10.30 Organization. 379 4 (a) The Community Development Director or designee shall act as Secretary for the Heritage Preservation Commission, shall be the custodian of its records; shall conduct official correspondence; and shall generally supervise the clerical and technical work performed at the request or on behalf of the Heritage Preservation Commission. (b) The Heritage Preservation Commission shall meet quarterly, or more frequently upon call of the Chair or Commission staff, as necessary. All meetings shall be open to the public and a public record shall be kept of all Commission proceedings and actions. A majority of Commissioners shall constitute a quorum, with the Chair having a vote. (Amended by Ord. No. 340, l (Att. 11), 7-6-2016). 13-10.040 - Powers and Duties. The Heritage Preservation Commission shall be advisory only to the City Council, the Planning Commission and the agencies and departments of the City, and shall establish liaison and work in conjunction with such authorities to implement the purposes of this Chapter. The Heritage Preservation Commission shall have the following powers and duties: (a) Conduct, or cause to be conducted, a comprehensive survey of properties within the boundaries of the City for the purpose of establishing the Heritage resource Inventory To qualify for inclusion in the Heritage Resource Inventory, a property must satisfy any one or more of the criteria listed in Section 13-15.010 of this Chapter. The Inventory which shall be publicized and periodically updated, and a copy there of shall be kept on file in the Planning Department. (b) Recommend to the City Council specific proposals for designation as a historic landmark, heritage lane or historic district. (c ) Recommend to the appropriate City agencies or department projects and action programs for the recognition, conservation, enhancement and use of the City's heritage resources, including Secretary of Interior standards to be followed with respect to any applications for permits to construct change, alter, remodel, remove or otherwise affect such resources. (d) Review and comment upon existing or proposed ordinances, plans or policies of the City as they relate to heritage resources. (e ) Review and comment upon all applications for building, demolition, grading, or tree removal permits involving work to be performed upon or within a designated historic landmark, heritage lane or historic district, and all applications for tentative map approval, rezoning, building site approval, use permit, variance approval, design review or other any work permit, or approval pertaining to or significantly affecting any heritage resource. The Heritage Preservation Commission's review for work concerning a heritage lane shall be limited to applications for work on heritage resources to be performed directly upon or within a designated heritage lane. The Commission's comments shall be forwarded to the City agency or department processing the application within thirty days after receiving the request for such comments. (f) Investigate and report to the City Council on the availability of federal, state, county, local or private funding sources or programs for the rehabilitation and preservation of heritage resources. (g) Cooperate with county, state and federal governments and with private organizations in the 380 5 pursuit of the objectives of heritage conservation. (h) Upon the request of a property owner or occupant and at the discretion of the Heritage Preservation Commission, render advice and guidance on the conservation, rehabilitation, alteration, decoration, landscaping, or maintenance of any heritage resource such voluntary advice and guidance shall not impose any regulation or control over any property. (i) Participate in, promote and conduct public information and educational programs pertaining to heritage resources. (j) Perform such other functions as may be delegated to it by resolution or motion of the City Council. (k) Note: maintain a comprehensive system for identifying evaluating inventory, and registering the city historical and cultural resources (Amended by Ord. No. 340 l (Att.A, 11), 7-6-2016) Article 13-15 DESIGNATION OF A HERITAGE RESOURCE Sections: 13-15.010- Criteria. The Heritage Preservation Commission may recommend to the City Council designation of a proposal as a historic landmark, heritage lane or historic district if it satisfies any two or more of the criteria listed below and also retains a substantial degree of architectural and structural integrity with respect to the original design, as determined by the Heritage Preservation Commission. To qualify for inclusion in the Heritage Resource Inventory without being designated as a historic landmark, heritage lane or historic district, a property must satisfy any one or more of the seven criteria listed below. (a) It exemplifies or reflects special elements of the cultural, social, economic, political, aesthetic, engineering or architectural history of the City, the County, the State or the nation; or (b) It is identified with persons or events significant in local, county, state or national history; or ( c) It embodies distinctive characteristics or a style, type, period or method of construction, or is a valuable example of the use of indigenous materials; or (d) It is representative of the notable design or craft of a builder, designer, or architect; or ( e) It embodies or contribute to unique physical characteristics representing an established and familiar visual feature of a neighborhood or district within the City; or (f) It represents a significant concentration or continuity of site, buildings, structures or objects, unified by past events or aesthetically by plan or physical or natural development; or (g) It embodies or contributes to a unique natural setting or environment constituting a distinct area or district within the City having special character or special historical, architectural or aesthetic interest or value. 13-15,012-Applications. 381 6 (a) Applications for designation as a historic landmark, heritage lane or historic district, or for inclusion on the Heritage Resource Inventory without being designated as a historic landmark, heritage lane or historic district, may be submitted to the Heritage Preservation Commission by any of the following methods: (1) The owner or owners of a building, improvement, structure, natural feature, site or area of land, requesting designation of their property as a historic landmark or requesting inclusion of their property on the Heritage Resource Inventory without being designated as a historic landmark: (2) The owners of at least sixty percent of the frontage of all recorded lots abutting a street, road, avenue, boulevard, pathway or trail, or portion thereof public right-of-way, and requesting designation as a heritage lane; (3) The owners of at least sixty percent of the area of all recorded lots within a specific geographic section of the City, requesting designation of the entire section as a historic district. b) The City Council or the Planning Commission may also by resolution or motion, refer a proposed designation to the Heritage Preservation Commission for its recommendation and the Heritage Preservation Commission may consider a proposed designation upon its own. initiative.Note this statement is below and a duplicate. 13-15.030 Study of Proposal. The Heritage Preservation Commission shall conduct a study of the proposed designation, based upon such information or documentation as it may require from the applicant, the Commission staff, or from other available sources. Public hearings shall not be required, but the Commission may, in its discretion, receive written or verbal comments from any persons having an interest in the proposal or any information relevant thereto. 13-15.040 Objections to Proposals Proposed Designations. The City Council or the Planning Commission may, by resolution or motion, refer a proposed designation to the Heritage Preservation Commission for its recommendation and the Heritage Preservation Commission may consider a proposed designation upon its own initiative. (a) In the event designation of a historic landmark, heritage lane or historic district is proposed by the City Council or Planning Commission or considered by the Heritage Preservation Commission upon its own initiative, and in the further event the Heritage Preservation Commission, as a result of its study of the proposal, determines that the proposal should be recommended to the City Council for designation, the Heritage Preservation Commission staff shall mail written notice of its intended recommendation to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is the subject of the proposed designation. Such written notice shall contain a complete description of the proposed designation and shall advise the property owners that written objections to the proposal may be filed with the Heritage Preservation Commission within forty-five days from the date of the notice. (b) If objections are filed by the owner of any property proposed to be designated as a historic 382 7 landmark or by the owners of at least forty-one percent of the frontage of all recorded lots abutting a proposed heritage lane, or by the owners of at least forty-one percent of the area of all recorded lots within a proposed historic district, the Heritage Preservation Commission shall discontinue any further consideration of the proposal. Such proposal may not again be considered for designation for at least twelve months after the date of mailing the notice to the property owners unless, prior to the expiration of such twelve-month period: (1) The owner or owners of a proposed historic landmark, withdraw their objection; or (2) A sufficient number of owners of recorded lots abutting a proposed heritage lane or recorded lots within a proposed historic district withdraw their objections so as to reduce the total percentage of objectors o less than forty-one percent; or (3) In the event inclusion on the Heritage Resource Inventory is proposed by the City Council or Planning Commission or considered by the Heritage Preservation Commission upon its own initiative, and in the further event the Heritage Preservation Commission, as a result of its study of the proposal, determines that the proposal should be included in the Heritage Resource Inventory the Heritage preservation Commission shall mail written notice of its intent to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is proposed to be included in the Heritage Resource Inventory. Such written notice shall contain a complete description of the proposed action and shall advise the property owners that written consent to the proposed action is required. If consent is not received the property shall not be included on the Heritage Resource Inventory. Note: Shouldn't need owner's consent. This is against CLG requirements. We are required to do surveys and maintain records with the city--How? needs to be added. Need to add info on the Mills Act. 13-15.050 Recommendation by Heritage Preservation Commission. Provided the Heritage Preservation Commission is not required to discontinue consideration of a proposal by reason of objections raised and the property owner has provided written consent to the inclusion of the proposal on the Heritage Resource Inventory or other proposed designation pursuant to Section 13-15.040, the Heritage Preservation Commission shall render a written report within a reasonable time accompanied by all of the information and documentation reviewed by the Heritage Preservation Commission. The report shall either recommend the designation as originally proposed, recommend a modified designation or recommend that the proposed designation be rejected. The report shall set forth in detail the reasons for the Heritage Preservation Commission's decision and the information and documentation relied upon in support thereof. A copy of the report shall be sent to the property owner or owners. 13-15.060 Historic Landmark. (a) The report and recommendation of the Heritage Preservation Commission on a proposed historic landmark, together with the information and documentation pertaining thereto, shall be forwarded to the City Council. The City Council shall consider the report at its next available regular meeting and determine whether or not to accept the Heritage Preservation 383 8 Commission's recommendations. The City Council shall by ordinance either approve the proposed historic landmark designation, in whole or in part or as modified or shall by motion disapprove the proposal in its entirety. (b) Until final action has been taken by the City Council on the proposed designation as a historic landmark, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be formed upon or within the property which is the subject of the proposed designation, unless approved by the Heritage Preservation Commission or the City Council. This restriction shall become effective as of the time the application for designation is filed, or upon the expiration of time for filing objections in response to the notice given pursuant to Subsection 13-15.040 (a) of this Article, as the case may be. ( c) In the event as designating ordinance designating a historic landmark is adopted by the City Council, such ordinance shall become effective thirty days following adoption thereof and the designated property shall thereafter be subject to the regulations set forth in this Chapter and such further restrictions or controls as may be specified in the designating ordinance. (d) Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the city, the County, the State or the nation, and satisfies one or more of the criteria set forth in Section 13-15.010. Add: 13-15.050 The Mills Act Once the property owner acquires landmark status, a tax credit can be established if the landowner applies for the Mills Act. The owner completes the paperwork; the City Council approves the completed paperwork and it is presented at a public hearing. Commercial and private property can take advantage of the Mills Act. 13-15.070 Heritage Lane or Historic District (a) Report to Planning Commission. The report and recommendations of the Heritage Preservation Commission on a proposed heritage lane or historic district, together with the information and documentation pertaining thereto, shall be forwarded to the Planning Commission. (b) Public hearing; notice. The Planning Commission shall conduct a public hearing on the proposed designation within sixty days after receipt of the Heritage Preservation Commission's report. Notice of the public hearing shall be given in the manner provided in Section 13-15-080. ( c) Actions of Planning Commission. The Planning Commission shall either recommend approval of the designation as originally proposed, or approval of the designation as modified by the Heritage Preservation Commission or the Planning Commission or both, or recommend that the proposed designation be rejected. If the Planning Commission recommends approval or modified approval of the designation, it shall instruct the Commission staff to prepare and shall approve a proposed form of ordinance for adoption by the City Council designating the heritage lane or historic district and establishing a zoning 384 9 overlay for such lane or district. The proposed ordinance may include such regulations or controls over the designated property as the Planning Commission deems reasonable necessary for the conservation, enhancement and preservation thereof. (d) Transmittal of documents to City Council. The recommendations of the Planning Commission, together with the report and recommendations of the Heritage Preservation Commission and the information and documentation pertaining thereto, and the proposed ordinance, if any, shall be transmitted to the City Council and considered at its next available regular meeting. ( e) Actions of City Council. If the City Council determines that the proposed heritage lane or historic district should be considered for designation as a heritage resource, it shall adopt a resolution initiating final designation proceedings. Such resolution shall schedule a public hearing on the proposed designation to be conducted within sixty days. Notice of the public hearing shall be given in the manner provided in Section 13-15.080. The resolution may further provide that during the pendency of the final designation proceedings, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be performed upon or within the property which is the subject of the proposed designation, or may be issued only upon specified conditions or under specified circumstances. (f) Adoption or disapproval. At the conclusion of the public hearing, but in no event later than sixty days from the date set in the resolution for the initial public hearing, the City Council shall either adopt an ordinance designating he heritage lane or historic district, in whole or in part, or as modified, or shall by motion disapprove the proposal in its entirety. (g) Effective date. In the event a designating ordinance is adopted by the City Council, such ordinance shall become effective thirty days following adoption thereof and the designated property shall thereafter be subject to the regulation set forth in this Chapter and such further regulations or controls as may be specified in the designating ordinance. (h) Findings and criteria for adoption of ordinance. Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural, or aesthetic interest or value as part of the heritage or history of the City, the County, the state or the nation, and satisfies one or more of the criteria set forth in Section 13-15.010. 13-15.080 Notice of Public Hearings. (a) Notice of the time, place and purpose of public hearings conducted by the City Council and the Planning Commission pursuant to the Chapter shall be given not less than ten days nor more than thirty days prior to the date of the hearing by mailing such notice as follows: (1) In the case of a proposed heritage lane, notice shall be sent to all persons whose names appear on the latest available tax roll of the County as owning any property abutting the proposed heritage lane. Notice of the public hearing shall also be published once in a newspaper having general circulation int eh City not later than ten days prior to the date of the hearing. (2) In the case of a proposed historic district, notice shall be mailed to all persons shown on the latest available tax roll of the County as owning any property within the boundaries of the proposed district. Notice of the public hearing shall also be published once in a newspaper having general circulation in the City not later than ten days prior to the date 385 10 of the hearing. (b) Failure to send any notice by mail to any property owner whose name and address is not a matter of public record shall not invalidate any proceedings in connection with a proposed designation. The City Council or Planning Commission may, but shall not be obligated to give such other notices as they deem appropriate or desirable. 13-15.090 Notice of Designation. (a) Following adoption by the City Council of an ordinance designating a historic landmark, heritage lane or historic district, the Commission staff shall send notice of the designation, together with a copy of the ordinance, to the owner or owners of the designated historic landmark, or the owners of all property abutting a designated heritage lane, or the owners of all property within a designated historic district. The notice shall inform such owners that the designated property will be added to the Saratoga Heritage Resource Inventory and may be eligible for certain privileges and benefits under local, state or federal law. The notice shall include a statement of the regulations and restrictions upon the designated property. The Commission staff shall also send notice of the designation to: 1. The Heritage Preservation Commission 2. The Planning Commission 3. Any agency of department of the City requesting such notice of affected by the designation. 4. The Saratoga Historical Foundation 5. The Santa Clara County Historical Heritage Commission 6. The California State Historic Preservation Officer 7. The Saratoga News (b) Notice of the designations and the complete legal description of the designated property shall be recorded in the office of the Recorder of the County. 13-15.100 Termination of Designation. (a) The owner or owners of a designated historic landmark or of a property listed on the Heritage Resource Inventory but not specifically designated as a historic landmark, or the owners of not less than sixty percent of the frontage of all recorded lots abutting a designated heritage lane, or the owners of not less than sixty percent of the area of all recorded lots within a designated historic district, may apply to the Heritage Preservation Commission for termination of the designation. The application shall contain a detailed description of all facts and circumstances relied upon by the applicant as reasons for termination. (b) The same procedures, notices and hearings shall apply to the termination proceedings as set forth in Section 13-15.030 and Sections 13-15.050 through 12-15.080 of this Article. ( c) A designation may be terminated only upon a finding by the City Council that as a result of change in circumstances, the designation is no longer consistent with the purposes and objectives of this Chapter and no longer satisfies any of the criteria set forth in Section 13- 15.010. 386 11 (d) Upon termination of a designation, notices shall be sent to the same persons, commissions and agencies as set forth in Section 13-15.090, and a notice of termination shall also be recorded in the office of the Recorder for the County. Article 13-20 PERMITS Section: 13-20.010 Permit required. It is unlawful for any person to alter, demolish, remove, relocate or otherwise change any exterior architectural feature or natural feature of a designated historic landmark or to construct, alter, demolish, remove or relocate any building, improvement or other structure upon any property located within a designated heritage lane or historic district, or to place, erect, alter or relocated any sign upon or within a designated historic landmark, heritage lane or historic district heritage resource without first obtaining a written permit to do so in the manner provided in this Article; provided, however, that the foregoing requirements shall not apply when alternative permit requirements for a specific historic landmark, heritage lane, or historic district have been specified by the ordinance designating the landmark, lane, or district. (Amended by Ord. 213 3(A), 2002) 13-20.030 Supporting Data. The application shall include the following data: (a) Documentation establishing ownership of the designated property by the applicant for the permit (b) A clear statement of the proposed work. ( c) A site plan showing all existing buildings, structures, trees over twelve inches in diameter, property lines, easements and the proposed work. (d) Plans showing the exterior elevations, materials and grading of the proposed work. € Where the application is for demolition, a detailed statement of the necessity for demolition together with photographs of the structure to be demolished. (f) Such other information or documents as may be requested by the Heritage Preservation Commission (g) Historic resource evaluation provided by a licensed historic architect or historic consultant professional. Note: Report should not be disclosed to the applicant. Fees collected at time of submttal 13-20.040 Heritage Preservation Commission action. The Heritage Preservation Commission shall complete its review and issue a recommendation to the Planning Community Development Director within thirty days after receipt of the application, filing fee and all supporting data. Unless legally required, there shall be no notice, posting or publication requirements for action on the application, but all decisions shall be made at regular or noticed special meetings of the Heritage Preservation Commission. The Heritage Preservation Commission's recommendation shall be in writing and shall state the reasons relied upon in support thereof. Upon receipt of the Heritage Preservation Commission's recommendations, the Planning Community Development Director shall forward a copy thereof to the applicant. 387 12 Note: A notification should be sent to commissioners as well as all HP applications filed with the City. 13-20.060 Appeal (a) Any recommendations issued by the Heritage Preservation Commission with respect to the granting or denial of a permit may be appealed by the applicant or any interested person to the Planning Commission. The appeal shall be taken by filing with the Secretary of the Planning Commission a written notice thereof within ten days from the date the Heritage Preservation Commission delivers its recommendation to the Planning Community Development Director. Then notice of appeal shall be signed by the appellant and shall set forth all of the grounds for the appeal, together with a filing fee to cover the administrative cost of handling the appeal. Upon receipt of the notice of appeal and filing fee, the Secretary of the Planning Commission shall set the appeal for hearing at the next available regular meeting of the Planning Commission. The Planning Commission shall conduct a hearing de novo on the appeal and may adopt, reject or modify the recommendations of the Heritage Preservation Commission. (b) The decision of the Planning Commission may be further appealed to the City Council by either the applicant or any interested person, in accordance with the procedure set forth in Section 2-05.030 of this Code. ADD: In some instances, HPC should be given one month to review an application as well as have funds to hire their own expert to rebut changes/or applicants requests if needed. 13-20.070 Criteria. The Planning Community Development Director, on the recommendation of the Heritage Preservation Commission, or the Planning Commission or City Council on appeal, shall authorize issuance of a permit, or a conditional permit, if and only if, it is determined that: (a) The proposed work is consistent with the purposes and objectives of this Chapter. (b) The proposed work does not adversely affect the character of the designated historic landmark, heritage lane or historic district. ( c) In the case of construction of a new building, structure or other improvement upon or within a designated historic landmark, heritage lane or historic district, the exterior of such improvements will not adversely affect and will be compatible with the external appearance of the existing landmark, lane or district. 13-20.080 Hardship. Notwithstanding Section 13-20.070, the Planning Community Development Director, on the recommendation if the Heritage Preservation Commission, or the Planning Commission or City Council on appeal, may approve an application for a permit to conduct any proposed work upon or within a designated historic landmark or property located within a designated heritage lane or historic district heritage resource, if the applicant presents clear and convincing evidence demonstrating that a disapproval of the application will work immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work or because of conditions 388 13 peculiar to the particular improvement, building, structure, topography or other feature involved. If a hardship is found to exist under this Section, the Heritage Preservation Commission or the Planning Commission or City Council shall make a written finding to that effect, and shall specify the facts and reasons relied upon in making such finding. Article 13-25- MISCELLANEOUS PROVISIONS Sections: 13-25.010 Fees. (a) No fee shall be charged for the filing, processing or public noticing of any application for designation or any application for termination of a designation. (b) The City Council shall by resolution adopt a schedule of fees to be charged for the filing and processing of applications for any permit required under Section 13-20.010, and appeals to the Planning Commission and City Council pursuant to Section 13-20.060. 13-25.010 Ordinary Maintenance and Repair. Nothing in this Chapter shall be construed to prevent the ordinary maintenance, painting, landscaping or repair of any exterior feature in or upon any designated historic landmark or property located within a designated heritage lane or historic district heritage resource that does not involve a change in design, material or the external appearance thereof, nor does this Chapter prevent the construction reconstruction, alteration, restoration, demolition or removal of any designated historic landmark or property located within a designated heritage lane or historic district which has been certified by the City building inspector, or fire chief, or other code enforcement officer as being in unsafe or dangerous condition which cannot be rectified through the use of the California State Historic Building Code. 13-25-030 Duty to keep in good repair. The owner, occupant, or the person in actual charge of a designated historic landmark or property located within a designated heritage lane or historic district shall keep and maintain in good condition and repair all exterior portions thereof, all interior portions thereof when subject to special regulation or control as specified in the designating ordinance or permit, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature or natural feature. 13-25.040 Enforcement (a) The violation of any provision contained in this Chapter is hereby declared to be unlawful and shall constitute a misdemeanor, subject to the penalties as prescribed in Chapter 3 of this Code. (b) The Planning Community Development Director shall have the duty and authority to enforce the provisions of this Chapter, and any other laws, rules or regulations of the City which govern or relate to the issuance of permits for work to be performed upon or within a designated historic landmark or 389 14 property located within a designated heritage lane or historic district, by any or all of the following means: (1) Serving notice upon the owner or occupant requiring the correction or removal of any violation of this Chapter. (2) Issuance of citations for violation of any provision of this Chapter. (3) Authorizing and instructing the City Attorney to initiate appropriate legal proceedings against any person who violates this Chapter, including actions for injunctive relief to restrain or enjoin such violation. (4) Request enforcement assistance from the county Sheriff's Department and the City Community Service Officers. 390 Page 1 of 2 HERITAGE PRESERVATION COMMISSION REGULAR MEETING Minutes April 12, 2022 8:30 AM REGULAR MEETING 1. Site Visit(s) a. None 2. Call to Order: Chair Shastri called the meeting to order at 8:30 AM. 3. Roll Call Present: Sharon Boyce-Bender, Marie Lopresto, Rina Shah, Priya Shastri Absent: None Staff: Nicole Johnson, Senior Planner 4. Oral Communications 5. Approval of the March 8, 2022 minutes SHAH/BOYCE-BENDER MOVED TO APPROVE THE MINUTES FOR THE MARCH 8, 2022 MEETING. MOTION PASSED. AYES: BOYCE-BENDER, LOPRESTO, SHAH, AND SHASTRI. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE 6. New Business a. 13777 Fruitvale Ave (Warner Hutton House) BOYCE-BENDER/SHAH MOVED TO RECOMMEND APPROVAL THE RE- CONSTRUCTION OF THE REAR STAIRS. MOTION PASSED. AYES: BOYCE- BENDER, LOPRESTO, SHAH, AND SHASTRI. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE b. 14666 Oak Street BOYCE-BENDER/LOPRESTO MOVED TO CONTINUE THE APPLICATION AND DIRECTED THE APPLICANT TO CHOOSE A COLOR FOR THE HOUSE AND PRESENT IT AT THE NEXT HPC MEETING. MOTION PASSED. AYES: BOYCE-BENDER, LOPRESTO, AND SHASTRI. NOES: SHAH. ABSTAIN: NONE. ABSENT: NONE 391 Page 2 of 2 c. 13514 Hammons Ave SHASTRI/SHAH MOVED TO CONTINUE THIS ITEM TO THE NEXT HPC MEETING. MOTION PASSED. AYES: BOYCE-BENDER, LOPRESTO, SHAH AND SHASTRI. NOES: NONE. ABSTAIN: NONE. ABSENT: NONE 7. Staff Comments a. Arbor Day (April 27th 4 PM-5 PM) The commission decided not to host a table to but to attend individually. 8. Old Business a. Heritage Preservation Ordinance Nicole Johnson presented the comparison chart of the HPC recommendation and staff recommendation of the proposed changes to the HP Ordinance. The HPC confirmed that they wish to proceed to the take the HPC’s recommendation to the City Council even though it differs from staff’s recommendation and City Council direction. b. Project status worksheet The commissioners discussed the status of the pending HRI properties. Commissioner Shah volunteered to work with the property owner of 19801 Merribrook to add the property to the HRI. 9. Commission Items • Commissioner Lopresto discussed national preservation month event at Hakone. • The commissioners discussed the Blossom Festival. 10. Adjournment Chair Shastri adjourned the meeting at 9:54 AM Minutes respectfully submitted: Nicole Johnson, Senior Planner City of Saratoga 392 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. Notes in red are recommendations/suggestions from HPC Code Section Existing Code Text HPC Recommendation Staff Recommendation 13-05.020 (a)Alteration means any exterior change or modification of a designated historical landmark or any property within a designated heritage lane or historic district including, but not limited to, exterior changes to or modifications of structure, architectural details or visual characteristics, grading, surface paving, the addition of new structures, removal or alteration of natural features, disturbance of archeological sites or areas, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, walls, fences, steps or gates affecting the exterior visual qualities of the property, but does not include painting, landscaping and ordinary maintenance. None Alteration means any exterior change or modification of a property,designated historical landmark, or any property within a designated heritage lane or historic district including, but not limited to, exterior changes to or modifications of structure, architectural details or visual characteristics, grading, surface paving, the addition of new structures, removal or alteration of natural features, disturbance of archeological sites or areas, and the placement or removal of any exterior objects such as signs, plaques, light fixtures, walls, fences, steps or gates affecting the exterior visual qualities of the property, but does not include painting, landscaping and ordinary maintenance. 13-05.020 (g)(b)Commission staff means the Planning Director and his authorized representatives. Commission staff means the Planning Community Development Director and his/her authorized representatives. Note: State the Chapter 13 and how it is appointed Commission staff means the Planning Community Development Director and the Director’s authorized representatives. 13-05.020 (j) (d)Designated historic district means a distinct section of the City, specifically defined in terms of geographic boundaries, designated as a heritage resource pursuant to this Chapter. Designated h Historic district means a building, improvement, structure, natural feature, site or area of land under single or common ownership, designated as a heritage resource pursuant to this Chapter. Note: Remove this for now until surveys confirm it. Designated h Historic district means a distinct section of the City, specifically defined in terms of geographic boundaries, designated as a historic district pursuant to this Chapter. 393 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. Notes in red are recommendations/suggestions from HPC Note: Historic districts shall name geographically definable area of urban or rural character possessing a significant concentration or continuity of site, building, structures or objects unified by past events or aesthetically by plan or physical development 13-05.020 (c)(e)Designated historic landmark means a building, improvement, structure, natural feature, site or area of land under single or common ownership, designated as a heritage resource pursuant to this Chapter. Designated historic landmark means a building, improvement, structure, natural feature, site or area of land under single or common ownership, designated as a heritage resource pursuant to this Chapter. Note: Historic landmarks. The term "historic landmarks" shall mean any of the following which have a special historical, architectural, cultural, aesthetic or engineering interest or value of an historical nature: 1. individual structure or portion thereof; 2. an integrated group of structures on a single lot; 3. a site or portion thereof; 4. or any combination of the above. Designated h Historic landmark means a building, improvement, structure, natural feature, site or area of land under single or common ownership, designated as a historic landmark pursuant to this Chapter. 394 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. Notes in red are recommendations/suggestions from HPC 13-05.020 (b) (f)Designated heritage lane means a street, road, avenue, boulevard, pathway or trail designated as a heritage resource pursuant to this Chapter. Designated b Heritage lane means a public right-of-way such as a street, road, avenue, boulevard, pathway or trail that has been designated as a heritage resource pursuant to this Chapter and includes properties abutting any such public right-of- way. Designated h Heritage lane means a public right-of-way such as a street, road, avenue, boulevard, pathway or trail that has been designated as a heritage resource lane pursuant to this Chapter and that does not include any portion of any property outside the public right of way. 13-05.020 (i) (g)Heritage Commission means the historical preservation commission established pursuant to this Chapter and Commissioner means a member of the Heritage Commission. None Heritage Preservation Commission means the historical preservation commission established pursuant to this Chapter and Commissioner means a member of the Heritage Preservation Commission. 13-05.020 (h)Heritage resource means any public or private property designated by the City pursuant to this Chapter, as a historic landmark, heritage lane, or historic district, and those properties listed on the City's Heritage Resource Inventory. Note: City Council or HPC None 13-05.020 (i)Heritage Resource Inventory means the City's official inventory of heritage resources, as adopted and amended from time to time by resolution of the Heritage Commission. A property may be listed on the Heritage Resource Inventory without being designated pursuant to this Chapter as a historic landmark, heritage lane or historic district. Note: use CLG terminology Heritage Resource Inventory means the City's official inventory of heritage resources, as adopted and amended from time to time by resolution of the Heritage Preservation Commission. A property may be listed on the Heritage Resource Inventory without being designated pursuant to this Chapter as a historic landmark, heritage lane or historic district. 395 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. Notes in red are recommendations/suggestions from HPC 13-05.020 (k)New None Public Right-of-Way shall have the meaning set forth in section 15-06.570(a) of this Code. New Section None Note: Add process for demolition to section None 13-10.010 There is hereby established a Heritage Preservation Commission consisting of five unpaid members who shall be appointed by the City Council and shall all have a demonstrated interest in, competence or knowledge in historic preservation. In addition: There is hereby established a CLG qualified Heritage Preservation Commission consisting of five unpaid members who shall be appointed by the City Council and shall all have a demonstrated interest in, competence or knowledge in historic preservation. In addition: None 13-10.010 (b)A minimum of two of the members shall be appointed from among the disciplines of architecture, history, architectural history, planning, archeology or other historic preservation related disciplines such as urban planning, architecture/construction, American studies, American civilization, cultural geography or cultural anthropology, to the extent that such professionals are available in the community. The candidate nominated by the Saratoga Historical Foundation can qualify as this professional member. A minimum of two of the members should be appointed shall be appointed fromamong the disciplines of architecture, history, architectural history, planning, archeology or other historic preservation related disciplines such as urban planning, architecture/construction, American studies, American civilization, cultural geography or cultural anthropology, to the extent that such professionals are available in the community. The candidate nominated by the Saratoga Historical Foundation can qualify as this professional member. The commissioner must be a registered voter in Saratoga. The commissioner can only serve on one commission at a time. The term A minimum of two of the members shall be appointed from among the disciplines of architecture, history, architectural history, planning, archeology or other historic preservation related disciplines such as urban planning, architecture/construction, American studies, American civilization, cultural geography or cultural anthropology, except that this requirement may be waived by the City Council if such professionals are unavailable in the community to the extent that such professionals are available in the community. The candidate nominated by the Saratoga Historical Foundation can qualify as this professional member 396 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. Notes in red are recommendations/suggestions from HPC served is four years. Two consecutive four year terms may be served. The commissioner can serve again after one year following expiration of the second consecutive four-year term. Note: Can be professionals Note: Add residency requirement and term length. 13-10.030 (a)The Community Development Director or designee shall act as Secretary for the Heritage Commission, shall be the custodian of its records, shall conduct official correspondence and shall generally supervise the clerical and technical work performed at the request or on behalf of the Heritage Commission. None The Community Development Director or designee shall act as Secretary for the Heritage Preservation Commission, shall be the custodian of its records, shall conduct official correspondence and shall generally supervise the clerical and technical work performed at the request or on behalf of the Heritage Preservation Commission. 13-10.030 (b)The Heritage Commission shall meet quarterly, or more frequently upon call of the Chair or Commission staff, as necessary. All meetings shall be open to the public and a public record shall be kept of all Commission proceedings and actions. A majority of Commissioners shall constitute a quorum, with the Chair having a vote. None The Heritage Preservation Commission shall meet quarterly, or more frequently upon call of the Chair or Commission staff, as necessary. All meetings shall be open to the public and a public record shall be kept of all Commission proceedings and actions. A majority of Commissioners shall constitute a quorum, with the Chair having a vote. 13-10.040 The Heritage Commission shall be advisory only to the City Council, the Planning Commission and the agencies and departments of the City, and shall establish liaison and work in conjunction with such authorities to implement the purposes of this Chapter. The Heritage Commission shall have the following powers and duties: None The Heritage Preservation Commission shall be advisory only to the City Council, the Planning Commission and the agencies and departments of the City, and shall establish liaison and work in conjunction with such authorities to implement the purposes of this Chapter. The 397 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. Notes in red are recommendations/suggestions from HPC Heritage Preservation Commission shall have the following powers and duties: 13-10.040 (a)Conduct, or cause to be conducted, a comprehensive survey of properties within the boundaries of the City for the purpose of establishing the Heritage Resource Inventory. To qualify for inclusion in the Heritage Resource Inventory, a property must satisfy any one or more of the criteria listed in Section 13-15.010 of this Chapter. The Inventory shall be publicized and periodically updated, and a copy thereof shall be kept on file in the Planning Department. None Conduct, or cause to be conducted, a comprehensive survey of properties within the boundaries of the City for the purpose of establishing the Heritage Resource Inventory. To qualify for inclusion in the Heritage Resource Inventory, a property must satisfy any one or more of the criteria listed in Section 13-15.010 of this Chapter. The Inventory which shall be publicized and periodically updated, and a copy thereof shall be kept on file in the Planning Department. 13-10.040 (c)Recommend to the appropriate City agencies or departments projects and action programs for the recognition, conservation, enhancement and use of the City's heritage resources, including standards to be followed with respect to any applications for permits to construct, change, alter, remodel, remove or otherwise affect such resources. Recommend to the appropriate City agencies or department projects and action programs for the recognition, conservation, enhancement and use of the City's heritage resources, including Secretary of Interior standards to be followed with respect to any applications for permits to construct change, alter, remodel, remove or otherwise affect such resources. None 13-10.040 (e)Review and comment upon all applications for building, demolition, grading or tree removal permits involving work to be performed upon or within a designated historic landmark, heritage lane or historic district, and all applications for tentative map approval, rezoning, building site approval, use permit, variance approval, design review or other approval pertaining to or Review and comment upon all applications for building, demolition, grading, or tree removal permits involving work to be performed upon or within a designated historic landmark, heritage lane or historic district, and all applications for tentative map approval, rezoning, Review and comment upon all applications for building, demolition, grading or tree removal permits involving work to be performed upon or within a designated historic landmark, heritage lane or historic district, and all applications for tentative map approval, rezoning, building site approval, use permit, variance approval, design review or other any work, permit, or approval 398 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. Notes in red are recommendations/suggestions from HPC significantly affecting any heritage resource. The Commission's comments shall be forwarded to the City agency or department processing the application within thirty days after receiving the request for such comments. building site approval, use permit, variance approval, design review or other any work permit, or approval pertaining to or significantly affecting any heritage resource. The Heritage Preservation Commission's review for work concerning a heritage lane shall be limited to applications for work on heritage resources to be performed directly upon or within a designated heritage lane. The Commission's comments shall be forwarded to the City agency or department processing the application within thirty days after receiving the request for such comments. pertaining to or significantly affecting any heritage resource or a property that staff deems to be of historic interest.The Heritage Preservation Commission’s review for any work, permit or approval concerning a heritage lane shall be limited to applications for any work, permit or approval upon or within a designated heritage lane.The Commission's comments shall be forwarded to the City agency or department processing the application within thirty days after receiving the request for such comments. 13-10.040 (h)Upon the request of a property owner or occupant and at the discretion of the Heritage Commission, render advice and guidance on the conservation, rehabilitation, alteration, decoration, landscaping or maintenance of any heritage resource; such voluntary advice and guidance shall not impose any regulation or control over any property. Upon the request of a property owner or occupant and at the discretion of the Heritage Preservation Commission, render advice and guidance on the conservation, rehabilitation, alteration, decoration, landscaping or maintenance of any heritage resource; such voluntary advice and guidance shall not impose any regulation or control over any property. New Section None Maintain a comprehensive system for identifying evaluating inventory, and registering the city historical and cultural resources None 13-15.010 The Heritage Commission may recommend to the City Council designation of a proposal as a historic landmark, heritage lane or historic district if it satisfies any two or more of the criteria listed below and also retains a substantial degree of architectural and structural integrity with respect to the None The Heritage Preservation Commission may recommend to the City Council designation of a proposal as a historic landmark, heritage lane or historic district if it satisfies any two or more of the criteria listed below and also retains a substantial degree of architectural and structural integrity with respect to the original design, as 399 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. Notes in red are recommendations/suggestions from HPC original design, as determined by the Heritage Commission. determined by the Heritage Preservation Commission. The Heritage Preservation Commission may place a property satisfying any one or more of the criteria listed below on the Heritage Resource Inventory in accordance with the procedures in this Code. 13-15.020 Applications None Applications Initiation of Proceedings. 13-15.020 (a)Applications for designation as a historic landmark, heritage lane or historic district may be submitted to the Heritage Commission by any of the following: Applications for designation as a historic landmark, heritage lane or historic district, or for inclusion on the Heritage Resource Inventory may be submitted to the Heritage Preservation Commission by any of the following methods: Applications for designation as a historic landmark, heritage lane or historic district, or for inclusion on the Heritage Resource Inventory may be submitted to the Heritage Preservation Commission by any of the following: 13-15.020 (a) (1)The owner or owners of a building, improvement, structure, natural feature, site or area of land, requesting designation of their property as a historic landmark; None The owner or owners of a building, improvement, structure, natural feature, site or area of land, requesting such designation or inclusion of their property as a historic landmark; 13-15.020 (a) (2)The owners of at least sixty percent of the frontage of all recorded lots abutting a street, road, avenue, boulevard, pathway or trail, or portion thereof, requesting designation as a heritage lane; None The owners of at least sixty percent of the frontage of all recorded lots abutting a street, road, avenue, boulevard, pathway or trail, or portion thereof public right-of-way,requesting designation as a heritage lane; 13-15.020 (b)The City Council or the Planning Commission may also, by resolution or motion, refer a proposed designation to the Heritage Commission for its recommendation and the Heritage Commission may consider a proposed designation upon its own initiative. None The City Council or the Planning Commission may also, by resolution or motion, refer a proposed designation or inclusion to the Heritage Commission for its recommendation and the Heritage Commission may consider a proposed designation or inclusion upon its own initiative. 400 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. Notes in red are recommendations/suggestions from HPC 13-15.030 The Heritage Commission shall conduct a study of the proposed designation, based upon such information or documentation as it may require from the applicant, the Commission staff, or from other available sources. Public hearings shall not be required, but the Commission may, in its discretion, receive written or verbal comments from any persons having an interest in the proposal or any information relevant thereto. None The Heritage Preservation Commission shall conduct a study of the proposed designation,or inclusion,based upon such information or documentation as it may require from the applicant, the Commission staff, or from other available sources. Public hearings shall not be required, but the Commission may, in its discretion, receive written or verbal comments from any persons having an interest in the proposal or any information relevant thereto. 13-15.030 The Heritage Commission shall conduct a study of the proposed designation, based upon such information or documentation as it may require from the applicant, the Commission staff, or from other available sources. Public hearings shall not be required, but the Commission may, in its discretion, receive written or verbal comments from any persons having an interest in the proposal or any information relevant thereto. The Heritage Preservation Commission shall conduct a study of the proposed designation or inclusion,based upon such information or documentation as it may require from the applicant, the Commission staff, or from other available sources. Public hearings shall not be required, but the Commission may, in its discretion, receive written or verbal comments from any persons having an interest in the proposal or any information relevant thereto. 13-15.040 Objections to proposals.The City Council or the Planning Commission may, by resolution or motion, refer a proposed designation to the Heritage Preservation Commission for its recommendation and the Heritage Preservation Commission may consider a proposed designation upon its own initiative. Objections to proposals Notice. 13-15.040 (a)In the event designation of a historic landmark, heritage lane or historic district is proposed by the City Council or Planning Commission or considered by the Heritage None In the event designation of a historic landmark, heritage lane or historic district is proposed by the City Council or Planning Commission or considered by the Heritage Preservation 401 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. Notes in red are recommendations/suggestions from HPC Commission upon its own initiative, and in the further event the Heritage Commission, as a result of its study of the proposal, determines that the proposal should be recommended to the City Council for designation, the Heritage Commission shall mail written notice of its intended recommendation to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is the subject of the proposed designation. Such written notice shall contain a complete description of the proposed designation and shall advise the property owners that written objections to the proposal may be filed with the Heritage Commission within forty-five days from the date of the notice. Commission upon its own initiative, and in the further event the Heritage Preservation Commission, as a result of its study of the proposal, determines that the proposal should be recommended to the City Council for designation, the Heritage Preservation Commission shall mail written notice of its intended recommendation to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is the subject of the proposed designation. Such written notice shall contain a complete description of the proposed designation and shall advise the property owners that written objections to the proposal may be filed with the Heritage Commission within forty-five days from the date of the notice. 13-15.040 (b)If objections are filed by the owner of any property proposed to be designated as a historic landmark, or by the owners of at least forty-one percent of the frontage of all recorded lots abutting a proposed heritage lane, or by the owners of at least forty-one percent of the area of all recorded lots within a proposed historic district, the Heritage Commission shall discontinue any further consideration of the proposal. Such proposal may not again be considered for designation for at least twelve months after the date of mailing the notice to the property owners unless, prior to the expiration of such twelve- month period: None If objections are filed by the owner of any property proposed to be designated as a historic landmark or by the owners of at least forty-one percent of the frontage of all recorded lots abutting a proposed heritage lane, or by the owners of at least forty-one percent of the area of all recorded lots within a proposed historic district, the Heritage Preservation Commission shall discontinue any further consideration of the proposal. Such proposal may not again be considered for designation for at least twelve months after the date of mailing the notice to the property owners unless, prior to the expiration of such twelve-month period: 402 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. Notes in red are recommendations/suggestions from HPC 13-15.040 (b)(3)In the case of a proposed heritage lane or historic district, the Heritage Commission decides to modify the proposal by reducing the size or boundaries thereof so as to reduce the total percentage of objectors to less than forty-one percent. None In the case of a proposed heritage lane or historic district, the Heritage Preservation Commission decides to modify the proposal by reducing the size or boundaries thereof so as to reduce the total percentage of objectors to less than forty-one percent. 13-15.040 (c)NEW Note: Shouldn't need owner's consent. This is against CLG requirements. We are required to do surveys and maintain records with the city--How? Need to add info on the Mills Act. In the event inclusion on the Heritage Resource Inventory is proposed by the City Council or Planning Commission or considered by the Heritage Preservation Commission upon its own initiative, and in the further event the Heritage Preservation Commission, as a result of its study of the proposal, determines that the proposed property should be included in the Heritage Resource Inventory, the Heritage Preservation Commission shall mail written notice of its intent to each person whose name appears on the latest available tax roll of the County as owning the property, or any portion thereof, which is proposed to be included in the Heritage Resource Inventory. Such written notice shall contain a complete description of the proposed action and shall advise the property owner(s) that written consent to the proposed action is required. If consent is not received the property shall not be included on the Heritage Resource Inventory and the property shall not again be considered for inclusion for at least twelve months after the date of mailing the notice to the property owner(s) unless, prior to the 403 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. Notes in red are recommendations/suggestions from HPC expiration of such twelve-month period the owner(s) withdraw the objection. If consent is received the property shall be included on the Heritage Resource Inventory. 13-15.050 Recommendation by Heritage Commission Provided the Heritage Commission is not required to discontinue consideration of a proposal by reason of objections raised pursuant to Section 13-15.040, the Heritage Commission shall render a written report within a reasonable time accompanied by all of the information and documentation reviewed by the Heritage Commission. The report shall either recommend the designation as originally proposed, recommend a modified designation or recommend that the proposed designation be rejected. The report shall set forth in detail the reasons for the Heritage Commission's decision and the information and documentation relied upon in support thereof. A copy of the report shall be sent to the property owner or owners. None Recommendation by Heritage Preservation Commission. Provided the Heritage Preservation Commission is not required to discontinue consideration of a designation proposal by reason of objections raised pursuant to Section 13-15.040, the Heritage Preservation Commission shall render a written report within a reasonable time accompanied by all of the information and documentation reviewed by the Heritage Preservation Commission. The report shall either recommend the designation as originally proposed, recommend a modified designation or recommend that the proposed designation be rejected. The report shall set forth in detail the reasons for the Heritage Preservation Commission's decision and the information and documentation relied upon in support thereof. A copy of the report shall be sent to the property owner or owners. Add new Section None Once the property owner acquires landmark status, a tax credit can be established if the landowner applies for the Mills Act. The owner completes the paperwork; the City Council approves the None 404 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. Notes in red are recommendations/suggestions from HPC completed paperwork and it is presented at a public hearing. Commercial and private property can take advantage of the Mills Act. 13-15.060 (a)The report and recommendations of the Heritage Commission on a proposed historic landmark, together with the information and documentation pertaining thereto, shall be forwarded to the City Council. The City Council shall consider the report at its next available regular meeting and determine whether or not to accept the Heritage Commission's recommendations. The City Council shall by ordinance either approve the proposed designation, in whole or in part or as modified, or shall by motion disapprove the proposal in its entirety. None The report and recommendations of the Heritage Preservation Commission on a proposed historic landmark, together with the information and documentation pertaining thereto, shall be forwarded to the City Council. The City Council shall consider the report at its next available regular meeting and determine whether or not to accept the Heritage Preservation Commission's recommendations. The City Council shall by ordinance either approve the proposed historic landmark designation, in whole or in part or as modified, or shall by motion disapprove the proposal in its entirety. 13-15.060 (b)Until final action has been taken by the City Council on the proposed designation as a historic landmark, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be formed upon or within the property which is the subject of the proposed designation, unless approved by the Heritage Commission or the City Council. This restriction shall become effective as of the time the application for designation is filed, or upon the expiration of time for filing objections in response to the notice given pursuant to Subsection 13- 15.040(a) of this Article, as the case may be. None Until final action has been taken by the City Council on the proposed designation as a historic landmark, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be formed upon or within the property which is the subject of the proposed designation, unless approved by the Heritage Preservation Commission or the City Council. This restriction shall become effective as of the time the application for designation is filed, or upon the expiration of time for filing objections in response to the notice given pursuant to Subsection 13-15.040(a) of this Article, as the case may be. 13-15.060 (c)In the event a designating ordinance is adopted by the City Council, such ordinance shall become effective thirty days following adoption thereof and the designated property shall thereafter be subject to the regulations None In the event an designating ordinance designating a historic landmark is adopted by the City Council, such ordinance shall become effective thirty days following adoption thereof and the designated property shall thereafter be subject to 405 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. Notes in red are recommendations/suggestions from HPC set forth in this Chapter and such further restrictions or controls as may be specified in the designating ordinance. the regulations set forth in this Chapter and such further restrictions or controls as may be specified in the designating ordinance. 13-15-060 (d)Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the City, the County, the State or the nation, and satisfies one or more of the criteria set forth in Section 13-15.010. None Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the City, the County, the State or the nation, and satisfies one two or more of the criteria set forth in Section 13-15.010. 13-15.070 (a)Report to Planning Commission. The report and recommendations of the Heritage Commission on a proposed heritage lane or historic district, together with the information and documentation pertaining thereto, shall be forwarded to the Planning Commission. None Report to Planning Commission. The report and recommendations of the Heritage Preservation Commission on a proposed heritage lane or historic district, together with the information and documentation pertaining thereto, shall be forwarded to the Planning Commission. 13-15.070 (b)Public hearing; notice. The Planning Commission shall conduct a public hearing on the proposed designation within sixty days after receipt of the Heritage Commission's report. Notice of the public hearing shall be given in the manner provided in Section 13-15.080. None Public hearing; notice. The Planning Commission shall conduct a public hearing on the proposed designation within sixty days after receipt of the Heritage Preservation Commission's report. Notice of the public hearing shall be given in the manner provided in Section 13-15.080. 13-15.070 (c)Actions of Planning Commission.The Planning Commission shall either recommend approval of the designation as originally proposed, or approval of the designation as modified by the Heritage Commission or the Planning Commission or both, or recommend that the proposed designation be rejected. If the Planning Commission recommends approval or modified approval of the designation, it shall None Actions of Planning Commission.The Planning Commission shall either recommend approval of the designation as originally proposed, or approval of the designation as modified by the Heritage Preservation Commission or the Planning Commission or both, or recommend that the proposed designation be rejected. If the Planning Commission recommends approval or modified approval of the designation, it shall instruct the Commission staff to prepare and shall 406 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. Notes in red are recommendations/suggestions from HPC instruct the Commission staff to prepare and shall approve a proposed form of ordinance for adoption by the City Council designating the heritage lane or historic district and establishing a zoning overlay for such lane or district. The proposed ordinance may include such regulations or controls over the designated property as the Planning Commission deems reasonably necessary for the conservation, enhancement and preservation thereof. approve a proposed form of ordinance for adoption by the City Council designating the heritage lane or historic district and establishing a zoning overlay for such lane or district. The proposed ordinance may include such regulations or controls over the designated property as the Planning Commission deems reasonably necessary for the conservation, enhancement and preservation thereof. 13-15.070 (d)Transmittal of documents to City Council. The recommendations of the Planning Commission, together with the report and recommendations of the Heritage Commission and the information and documentation pertaining thereto, and the proposed ordinance, if any, shall be transmitted to the City Council and considered at its next available regular meeting. None Transmittal of documents to City Council.The recommendations of the Planning Commission, together with the report and recommendations of the Heritage Preservation Commission and the information and documentation pertaining thereto, and the proposed ordinance, if any, shall be transmitted to the City Council and considered at its next available regular meeting. 13-15-070 (e)Actions of City Council.If the City Council determines that the proposed heritage lane or historic district should be considered for designation as heritage resource, it shall adopt a resolution initiating final designation proceedings. Such resolution shall schedule a public hearing on the proposed designation to be conducted within sixty days. Notice of the public hearing shall be given in the manner provided in Section 13-15.080. The resolution may further provide that during the pendency of the final designation proceedings, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be performed upon or Actions of City Council.If the City Council determines that the proposed heritage lane or historic district should be considered for designation as such a heritage resource, it shall adopt a resolution initiating final designation proceedings. Such resolution shall schedule a public hearing on the proposed designation to be conducted within sixty days. Notice of the public hearing shall be given in the manner provided in Section 13-15.080. The resolution may further provide that during the pendency of the final designation proceedings, no building, alteration, grading, demolition or tree removal permit shall be issued for any work to be performed upon or within the property, which is the subject of the 407 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. Notes in red are recommendations/suggestions from HPC within the property, which is the subject of the proposed designation, or may be issued only upon specified conditions or under specified circumstances. proposed designation, or may be issued only upon specified conditions or under specified circumstances. 13-15.070 (f)Adoption or disapproval.At the conclusion of the public hearing, but in no event later than sixty days from the date set in the resolution for the initial public hearing, the City Council shall either adopt an ordinance designating the heritage lane or historic district, in whole or in part, or as modified, or shall by motion disapprove the proposal in its entirety. None Adoption or disapproval.At the conclusion of the public hearing or a time,but in no event later than sixty days from the date set in the resolution for the initial public hearing, the City Council shall either adopt an ordinance designating the heritage lane or historic district, in whole or in part, or as modified, or shall by motion disapprove the proposal in its entirety. 13-15.070 (h)Findings and criteria for adoption of ordinance.Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the City, the County, the State or the nation, and satisfies one or more of the criteria set forth in Section 13-15.010. Findings and criteria for adoption of ordinance.Adoption of a designating ordinance shall be based upon a finding by the City Council that the designated property has special historical, cultural, archeological, scientific, architectural or aesthetic interest or value as part of the heritage or history of the City, the County, the State or the nation, and satisfies one two or more of the criteria set forth in Section 13-15.010. 13-15.090 (a)(1)The Heritage Commission None The Heritage Preservation Commission. 13-15.100 (a)The owner or owners of a designated historic landmark, or the owners of not less than sixty percent of the frontage of all recorded lots abutting a designated heritage lane, or the owners of not less than sixty percent of the area of all recorded lots within a designated historic district, may apply to the Heritage Commission for termination of the designation. The application shall contain a detailed description of all facts and circumstances relied upon by the applicant as reasons for termination None The owner or owners of a designated historic landmark or other property included on the Heritage Resource Inventory,or the owners of not less than sixty percent of the frontage of all recorded lots abutting a designated heritage lane, or the owners of not less than sixty percent of the area of all recorded lots within a designated historic district, may apply to the Heritage Preservation Commission for termination of the designation and/or inclusion in the Heritage Resource Inventory. The application shall contain a detailed description of all facts and 408 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. Notes in red are recommendations/suggestions from HPC circumstances relied upon by the applicant as reasons for termination. 13-20.020 Applications for permits, on forms prescribed by the Heritage Commission, shall be submitted to the Planning Director, who shall forward the application to the Heritage Commission for review and comment. The application shall be accompanied by a filing fee to cover the administrative cost of handling the permit request. None Applications for permits, on forms prescribed by the Heritage Commission, shall be submitted to the Planning Community Development Director, who shall forward the application to the Heritage Preservation Commission for review and comment. The application shall be accompanied by a filing fee to cover the administrative cost of handling the permit request. 13-20.030 (f)Such other information or documents as may be requested by the Heritage Commission. None Such other information or documents as may be requested by the Heritage Preservation Commission. 13-20.030 (g)NEW Report should not be disclosed to the applicant. Fees collected at time of submittal. Historic resource evaluation provided by a licensed historic architect or historic consultant professional 13-20.040 The Heritage Commission shall complete its review and issue a recommendation to the Planning Director within thirty days after receipt of the application, filing fee and all supporting data. Unless legally required, there shall be no notice, posting or publication requirements for action on the application, but all decisions shall be made at regular or noticed special meetings of the Heritage Commission. The Heritage Commission's recommendation shall be in writing and shall state the reasons relied upon in support thereof. Upon receipt of the Heritage Commission's recommendations, the Planning Director shall forward a copy thereof to the applicant. A notification should be sent to commissioners as well as all HP applications filed with the City. The Heritage Preservation Commission shall complete its review and issue a recommendation to the Planning Community Development Director within thirty days after receipt of the application, filing fee and all supporting data. Unless legally required, there shall be no notice, posting or publication requirements for action on the application, but all decisions shall be made at regular or noticed special meetings of the Heritage Preservation Commission. The Heritage Preservation Commission's recommendation shall be in writing and shall state the reasons relied upon in support thereof. Upon receipt of the Heritage Preservation Commission's recommendations, the Planning Community Development Director shall forward a copy thereof to the applicant. 13-20.050 If the Heritage Commission recommends issuance of the permit requested in the None If the Heritage Preservation Commission recommends issuance of the permit requested in 409 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. Notes in red are recommendations/suggestions from HPC application, or issuance of such permit subject to conditions, the Planning Director shall proceed to issue the permit in accordance with the recommendation after the expiration of ten days from the date the recommendation is delivered to the Planning Director, provided that no appeal has been filed during such time and provided further, that no other approval under this Code is required for issuance of such permit. In the event the Heritage Commission recommends denial of the application, the Planning Director shall notify the applicant that the requested permit will not be granted. the application, or issuance of such permit subject to conditions, the Planning Community Development Director shall proceed to issue the permit in accordance with the recommendation after the expiration of ten days from the date the recommendation is delivered to the Planning Community Development Director, provided that no appeal has been filed during such time and provided further, that no other approval under this Code is required for issuance of such permit. In the event the Heritage Preservation Commission recommends denial of the application, the Planning Community Development Director shall notify the applicant that the requested permit will not be granted. 13-20.060 (a)Any recommendations issued by the Heritage Commission with respect to the granting or denial of a permit may be appealed by the applicant or any interested person to the Planning Commission. The appeal shall be taken by filing with the Secretary of the Planning Commission a written notice thereof within ten days from the date the Heritage Commission delivers its recommendation to the Planning Director. The notice of appeal shall be signed by the appellant and shall set forth all of the grounds for the appeal, together with a filing fee to cover the administrative cost of handling the appeal. Upon receipt of the notice of appeal and filing fee, the Secretary of the Planning Commission shall set the appeal for hearing at the next available regular meeting of the Planning Commission. The Planning Commission shall conduct a hearing de novo on the appeal and may adopt, reject or None Any recommendations issued by the Heritage Preservation Commission with respect to the granting or denial of a permit may be appealed by the applicant or any interested person to the Planning Commission. The appeal shall be taken by filing with the Secretary of the Planning Commission a written notice thereof within ten days from the date the Heritage Preservation Commission delivers its recommendation to the Planning Community Development Director. The notice of appeal shall be signed by the appellant and shall set forth all of the grounds for the appeal, together with a filing fee to cover the administrative cost of handling the appeal. Upon receipt of the notice of appeal and filing fee, the Secretary of the Planning Commission shall set the appeal for hearing at the next available regular meeting of the Planning Commission. The Planning Commission shall conduct a hearing de novo on the appeal and may adopt, reject or 410 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. Notes in red are recommendations/suggestions from HPC modify the recommendations of the Heritage Commission. modify the recommendations of the Heritage Preservation Commission. 13-20.060 The decision of the Planning Commission may be further appealed to the City Council by either the applicant or any interested person, in accordance with the procedure set forth in Section 2-05.030 of this Code. Add : In some instances, HPC should be given one month to review an application as well as have funds to hire their own expert to rebut changes/or applicants requests if needed. None 13-20.070 The Planning Director, on the recommendation of the Heritage Commission, or the Planning Commission or City Council on appeal, shall authorize issuance of a permit, or a conditional permit, if and only if, it is determined that: None The Planning Community Development Director, on the recommendation of the Heritage Preservation Commission, or the Planning Commission or City Council on appeal, shall authorize issuance of a permit, or a conditional permit, if and only if, it is determined that: 13-20.080 Notwithstanding Section 13-20.070, the Planning Director, on the recommendation of the Heritage Commission, or the Planning Commission or City Council on appeal, may approve an application for a permit to conduct any proposed work upon or within a designated historic landmark or property located within a designated heritage lane or historic district, if the applicant presents clear and convincing evidence demonstrating that a disapproval of the application will work immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work or because of conditions peculiar to the particular improvement, building, structure, topography or other feature involved. If a hardship is found to exist under this Section, the Heritage Commission or the Planning None Notwithstanding Section 13-20.070, the Planning Community Development Director, on the recommendation of the Heritage Preservation Commission, or the Planning Commission or City Council on appeal, may approve an application for a permit to conduct any proposed work upon or within a designated historic landmark or property located within a designated heritage lane or historic district if the applicant presents clear and convincing evidence demonstrating that a disapproval of the application will work immediate and substantial hardship on the applicant because of conditions peculiar to the person seeking to carry out the proposed work or because of conditions peculiar to the particular improvement, building, structure, topography or other feature involved. If a hardship is 411 Text to be added is indicated in bold underlined font (e.g., bold -underlined). Text to be removed is indicated with a strikethrough (e.g. strikethrough) Text in standard font remains unchanged. Notes in red are recommendations/suggestions from HPC Commission or City Council shall make a written finding to that effect, and shall specify the facts and reasons relied upon in making such finding. found to exist under this Section, the Heritage Preservation Commission or the Planning Commission or City Council shall make a written finding to that effect and shall specify the facts and reasons relied upon in making such finding. 13-25.030 The owner, occupant, or the person in actual charge of a designated historic landmark or property located within a designated heritage lane or historic district shall keep and maintain in good condition and repair all exterior portions thereof, all interior portions thereof when subject to special regulation or control as specified in the designating ordinance or permit, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature or natural feature. The owner, occupant, or the person in actual charge of a designated historic landmark or property located within a designated heritage lane or historic district shall keep and maintain in good condition and repair all exterior portions thereof, all interior portions thereof when subject to special regulation or control as specified in the designating ordinance or permit, and all interior portions thereof whose maintenance is necessary to prevent deterioration and decay of any exterior architectural feature or natural feature 13-25.040 (b)The Planning Director shall have the duty and authority to enforce the provisions of this Chapter, and any other laws, rules or regulations of the City which govern or relate to the issuance of permits for work to be performed upon or within a designated historic landmark or property located within a designated heritage lane or historic district, by any or all of the following means: None The Planning Community Development Director shall have the duty and authority to enforce the provisions of this Chapter, and any other laws, rules or regulations of the City which govern or relate to the issuance of permits for work to be performed upon or within a designated historic landmark or property located within a designated heritage lane or historic district, by any or all of the following means: 13-25-040 (b)(4) Request enforcement assistance from the County Sheriff's Department and the City Community Service Officers. None Request enforcement assistance from the County Sheriff's Department and the City Community Service Officers code enforcement staff. 412 SARATOGA CITY COUNCIL MEETING DATE:November 16,2022 DEPARTMENT:Public Works Department PREPARED BY:Mainini Cabute, Environmental Programs Manager SUBJECT:Annual Review -Saratoga Climate Action Plan 2030 RECOMMENDED ACTION: Accept report on the Annual Review of the City’s Climate Action Plan 2030. BACKGROUND: The Saratoga Climate Action Plan 2030 (Attachment A) identifies state and local strategies to reduce emissions 40% below 1990 levels by 2030.The City Council adopted the Saratoga Climate Action Plan (CAP) 2030 in December 2020.Since its adoption, the City has conducted annual reviews of the CAP to evaluate how well the Saratoga community is meeting its emissions reduction targets. For this year, the 2020 GHG Emissions Inventory (Attachment B) shows that the Saratoga community has reduced emissions 33% since 2005, which is equivalent to 27% below estimated 1990 levels. Note that previous year emissions have been updated with new data and/or recalculated to ensure the same methodology has been used for all inventory years. The Saratoga CAP 2030 was developed using the City’s 2017 Greenhouse Gas (GHG) Emissions Inventory, which showed that nearly half of Saratoga’s community emissions comes from transportation. The CAP shows that supporting electric vehicle charger infrastructure and encouraging zero emissions vehicle ownership through incentives are the most impactful ways to reduce emissions in transportation. It also shows that residential emissions, those emissions generated from the use of electricity, natural gas, and propane in Saratoga homes, was the second largest source of greenhouse gas emissions in Saratoga. The Saratoga CAP encourages energy efficiency upgrades and adopting more energy efficiency standards for new construction and remodels to help Saratoga meet its reduction target. Earlier this year, the state of California passed Assembly Bill 1279, which established a statewide target to reduce emissions 85% below 1990 levels by 2045 and achieve carbon neutrality that year. This is more aggressive than the previous 2050 goal which set a target of reducing emissions 80% below 1990 levels. The City anticipates that the state will introduce new programs in the future to 413 address this new target, at which time the City should update its CAP. At this time, the City is on target to achieve its 2030 goals. Saratoga GHG Emissions Trend The community inventory tracks emissions in seven sectors. Details of reductions are described in Attachment C. Below is a summary of the reductions between the years 2005-2020. Built Environment-Electricity Decrease of 94%. Built Environment-Natural Gas Decrease of 5%. Transportation Decrease of 20%. Waste Decrease of 27%. The Off-Road Decrease of 15%. Wastewater Decrease of 27%. Water Decrease of 100% Producing an annual Greenhouse Gas (GHG) Emissions Inventory is a quantitative way to evaluate the community’s progress toward Saratoga’s reduction target.Within the CAP is Appendix A, which is an Implementation Table that contains the following eight categories of local mitigation strategies to support the Saratoga community in reducing emissions over time. Low Carbon Transportation Renewable Energy Energy Efficiency Waste Reduction Water Conservation. Carbon Sequestration Adaptation Community Engagement In the area of Low Carbon Transportation, the Saratoga 2020 GHG inventory report states that Santa Clara County continues to be a leader in zero emission vehicles (ZEV), with Saratoga 414 community members representing 12.2% of all light-duty vehicles. In the area of Renewable Energy and Water Conservation, the City continues to work closely with Silicon Valley Clean Energy (SVCE) to explore grant opportunities to upgrade its public facilities and parking spaces and to advance its electrification efforts. At this time, the City is in the process of updating its Building Code which would require the use of electrical appliances, except for cooking appliances, in all building interiors, including accessory dwelling units. The Building Code update also requires installation of graywater ready plumbing systems and hot water recirculation systems in new construction, which will improve the area of Water Conservation. Incremental changes in state requirements and local ordinances will help the Saratoga community chip away at its emissions reduction target. As an example, in the area of Waste Reduction, the state’s 2016 requirement in AB1826 for businesses to recycle organics and, subsequently, the state’s 2019 requirements in SB1383 for local agencies to provide organics recycling services, has resulted in a notable decrease in emissions data collected in 2020. The City also continues to implement programs and projects that improve the environment as part of its commitment and leadership toward sustainable practices. Details of the City’s leadership efforts since the adoption of its CAP are listed in Attachment D. Staff recommends that the City Council accept this annual review of the Climate Action Plan. ATTACHMENTS: Attachment A – Saratoga Climate Action Plan 2030 Attachment B- 2020 GHG Inventory Attachment C- 2020 GHG Inventory Summary of Reductions Attachment D- City’s Leadership Efforts 415 Adopted December 2, 2020 Prepared for City of Saratoga Prepared by CITY OF SARATOGA CLIMATE ACTION PLAN 2030 416 City of Saratoga Climate Action Plan i Credits and Acknowledgments SARATOGA CITY COUNCIL Howard Miller, Mayor Mary-Lynne Bernald, Vice Mayor Rishi Kumar, Council Member Yan Zhao, Council Member SARATOGA PLANNING COMMISSION Razi Mohiuddin, Chair Anjali Kausar, Vice-Chair Sunil Ahujal, Planning Commissioner Clinton Brownley, Planning Commissioner Kookie Fitzsimmons, Planning Commissioner Tina Walia, Planning Commissioner Herman Zheng, Planning Commissioner SARATOGA CITY STAFF James Lindsay, City Manager John Cherbone, Director of Public Works Mainini Cabute, Environmental Programs Administrator O’ROURKE & ASSOCIATES Christine O’Rourke, Principal 417 City of Saratoga Climate Action Plan ii TABLE OF CONTENTS I NTRODUCTION 1 P URPOSE OF THE CLIMATE A CTION P LAN 1 R ELATIONSHIP TO THE GENERAL P LAN 1 C LIMATE C HANGE B ACKGROUND 2 T HE E COLOGICAL F OOTPRINT 3 C LIMATE C HANGE IMPACTS IN CALIFORNIA ,THE B AY A REA ,AND S ARATOGA 4 R EGULATION OF C LIMATE C HANGE – INTERNATIONAL , F EDERAL ,AND S TATE L EVELS 6 ACTIONS TAKEN BY SARATOGA TO REDUCE GREENHOUSE GAS EMISSIONS 8 S ARATOGA ’S G REENHOUSE G AS E MISSIONS 10 SARATOGA P ROFILE 10 C OMMUNITY E MISSIONS I NVENTORY 11 C ONSUMPTION -B ASED I NVENTORY 13 C OMMUNITY E MISSION F ORECAST 14 C OMMUNITY E MISSIONS R EDUCTION T ARGETS 15 A CTIONS TO R EDUCE G REENHOUSE G AS EMISSIONS AND A DAPT TO CLIMATE C HANGE 17 I NTRODUCTION 17 STATE ACTIONS 18 SUMMARY OF L OCAL G REENHOUSE GAS R EDUCTION STRATEGIES 20 L OW CARBON T RANSPORTATION 21 418 City of Saratoga Climate Action Plan iii R ENEWABLE E NERGY 24 E NERGY E FFICIENCY 26 W ASTE R EDUCTION 28 W ATER CONSERVATION 30 C ARBON S EQUESTRATION 32 A DAPTATION 33 C OMMUNITY E NGAGEMENT 34 I MPLEMENTATION AND M ONITORING 36 R EFERENCES 37 A PPENDICES A: IMPLEMENTATION T ABLE A-1 B: GHG R EDUCTION C ALCULATIONS B-1 C: GHG E MISSIONS R EDUCTION T ARGETS C-1 D: ADOPTING R ESOLUTION D-1 419 City of Saratoga Climate Action Plan 1 INTRODUCTION PURPOSE OF THE CLIMATE ACTION PLAN The City of Saratoga understands that climate change is already impacting California and the world and will continue to affect Saratoga’s residents and businesses for the foreseeable future, as well as other communities around the world. The Cityalso recognizes that local governments play a strong role in reducing greenhouse gas emissions in their municipal operations and communities and mitigating the future impacts of climate change. The purpose of this Climate Action Plan (CAP) is to compile existing and potential actions that the City’s government and the community can take to address climate change. It provides a brief background on what climate change is and its potential impacts, but focuses on the efforts Saratoga can make to reduce its greenhouse gas emissions and mitigate, to the extent feasible at the local level, the impacts of climate change. Through the actions outlined in this plan, such as increasing energy efficiency in buildings, electrifying buildings and appliances, accelerating zero emission vehicle adoption, and using clean, renewable energy sources, the Saratoga community can experience lower fuel and energy bills, improved air quality, reduced emissions, and an enhanced quality of life. The City’s preparation of greenhouse gas emissions inventories and this Climate Action Plan are part of an ongoing planning process that includes assessing, planning, mitigating, and adapting to climate change. Specifically, this plan does the following: Summarizes various climate-related regulations at the international, federal, and state levels. Incorporates the City’s 2017 Greenhouse Gas Emissions Inventory, which identifies sources of greenhouse gas emissions generated by the community. Estimates how these emissions may change over time under a business-as-usual forecast that utilizes General Plan build-out estimates and regional forecasts. Establishes greenhouse gas reduction targets that reflect statewide goals. Provides energy use, transportation, waste, water, and natural system strategies and specific actions that substantial evidence demonstrates, if fully implemented, will collectively achieve the targeted emissions level for the year 2030. Incorporates strategies to adapt to climate change. Includes an implementation schedule and performance measures to enable the City to annually track its progress and set priorities. RELATIONSHIP TO THE GENERAL PLAN The City of Saratoga’s General Plan contains policies and programs that promote community sustainability and effective management of renewable and non-renewable natural resources through energy conservation and renewable energy generation (LU 6.5), solid waste management and recycling (LU 6.3 and 6.b), water conservation (OSC 10.1, 10.a and 10.b), preservation and replacement of trees (OSC 12.1, 12.2, 12.3 and 12.4 and LU 6.4 and 6.c), reduction of vehicle trips (OSC.15.b and LU 15.2), and improvement of the bicycle and pedestrian network (multiple policies and programs in the Circulation Element). 420 City of Saratoga Climate Action Plan 2 CLIMATE CHANGE BACKGROUND A balance of naturally occurring gases dispersed in the atmosphere determines the Earth’s climate by trapping infrared radiation (heat), a phenomenon known as the greenhouse effect (Figure 1). Overwhelming evidence documents that human activities are increasing the concentration of these gases (known as “greenhouse gases” or GHGs) in the atmosphere, causing a rise in global average surface temperature and consequent global climate change. The greenhouse gases include carbon dioxide, methane, nitrous oxide, and hydrofluorocarbons (Table 1)0F0F0F 1. Each one has a different degree of impact on climate change. To facilitate comparison across different emission sources with mixed and varied compositions of several GHGs, the term “carbon dioxide equivalent” or CO2e is used. One metric ton of CO2e may consist of any combination of GHGs and has the equivalent Global Warming Potential (GWP) as one metric ton of carbon dioxide (CO2). According to the U.S. Environmental Protection Agency’s 2019 “Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2018,” the majority of GHG emissions comes from fossil fuel combustion, which in turn is used for electricity, transportation, industry, heating, etc. Collectively, these gases intensify the natural greenhouse effect, causing global average surface temperatures to rise, which affects local and global climate patterns. These changes in climate are forecasted to manifest themselves in ways that will impact Saratoga and California. FIGURE 1: THE GREENHOUSE EFFECT Source: California Waterboard/Marion Koshland Science Museum of The National Academy Of Sciences 1 Water vapor is the most dominant greenhouse gas, but it is not measured as a part of a greenhouse gas inventory and for that reason is not included in this discussion. 421 City of Saratoga Climate Action Plan 3 TABLE 1: GREENHOUSE GASES Gas Chemical Formula Emission Source Global Warming Potential Carbon Dioxide CO2 Combustion of natural gas, gasoline, diesel, and other fuels 1 Methane CH4 Combustion, anaerobic decomposition of organic waste in landfills, wastewater, and livestock 28 Nitrous Oxide N2O Combustion, wastewater treatment 265 Hydrofluorocarbons Various Leaked refrigerants, fire suppressants 12 to 11,700 Source: IPCC Fifth Assessment Report, 100-year values, 2014 THE ECOLOGICAL FOOTPRINT Americans consume resources at a far greater rate than most industrialized nations, and the worldwide use of resources is exceeding the earth’s capacity to renew them. One way to measure the use of natural resources against the planet’s actual biocapacity and ability to renew those resources is the “ecological footprint.” It can be calculated for individuals, regions, countries, or the entire earth and is expressed as the number of global acres (acres with world average biological productivity) that it takes to support one person. As Figure 2 shows, the average American uses 20 global acres per capita. Other western democracies, such as France, Germany, and Italy, have footprints of approximately 11 to 12 global acres per person. FIGURE 2: ECOLOGICAL FOOTPRINT COMPARISON Source: Global Footprint Network National Footprint Accounts, 2019 Edition. 0 5 10 15 20 25 30 35 40 Global Acres Per Person422 City of Saratoga Climate Action Plan 4 CLIMATE CHANGE IMPACTS IN CALIFORNIA,THE BAY AREA,AND SARATOGA The Earth’s climate is warming, mostly due to human activities such as changes in land cover and emissions of certain pollutants. Greenhouse gases are the major human-induced drivers of climate change. These gases warm the Earth’s surface by trapping heat in the atmosphere. The evidence that the climate is warming is unequivocal. In 2019, global surface temperatures were 0.98 °C (1.8 °F) higher relative to the 1951-1980 average temperatures, and temperatures are now about 2°F higher than pre-industrial times. The past five years have been the warmest of the last 140 years, and every decade since the 1960s has been warmer than the last.1F1F1F 2 Consistent with global observations,the average annual temperature in most areas in California is already 1°F higher than historical levels, and some areas have seen average increases exceeding 2°F.2F2F2F 3 California is already experiencing climate change impacts.Sea levels along the coast of southern and central California have risen about 6 inches over the past century and even moderate tides and storms are now producing extremely high sea levels.3F3F3F 4 Since 1950, the area burned by wildfire each year has been increasing,as warming temperatures extend the fire season and low precipitation and snowpack create conditions for extreme, high severity wildfires to spread rapidly. Five of the state’s largest fires have occurred since 2006. The largest recorded wildfire was the winter 2017 Thomas Fire –until the Mendocino Complex Fire surpassed it in 2018.4F4F4F 5 As temperatures continue to rise, California faces serious climate impacts, including: More intense and frequent heat waves More intense and frequent drought More severe and frequent wildfires More severe storms and extreme weather events Greater riverine flows Shrinking snowpack and less overall precipitation Accelerating sea level rise Ocean acidification, hypoxia, and warming Increase in vector-borne diseases and heat-related deaths and illnesses 2 National Aeronautics and Space Administration, “NASA, NOAA Analyses Reveal 2019 Second Warmest Year on Record,” January 15, 2020. 3 Louise Bedsworth, Dan Cayan, Guido Franco, Leah Fisher, Sonya Ziaja, “Statewide Summary Report,” in California’s Fourth Climate Change Assessment, publication number: SUMCCCA4-2018-013, 2018, p. 22. 4 Bedsworth et al, p. 31. 5 California Air Resources Board, “Wildfire & Climate Change,” https://ww2.arb.ca.gov/wildfires-climate-change, accessed 7-9-20. R EPRESENTATIVE CONCENTRATION P ATHWAYS (RCP S ) Emissions scenarios used in the Climate Action Plan are the same as those used by the Intergovernmental Panel on Climate Change’s Fifth Assessment Report and are called Representative Concentration Pathways, or RCPs. There are four RCPs: 2.6, 4.5, 6.0, and 8.5. Each represents a set of possible underlying socioeconomic conditions, policy options, and technological con- siderations, spanning from a low-end scenario that requires significant emissions reductions resulting in zero global emissions by 2080 (RCP 2.6) to a high-end, “business-as-usual,” fossil- fuel-intensive emissions scenario (RCP 8.5). The low-end scenario is most closely aligned with California’s ambitious greenhouse gas reduction targets and the aspirational goals of the United Nations Framework Convention on Climate Change 2015 Paris Agreement. Thus far, global emissions continue to follow the business-as-usual trajectory. 423 City of Saratoga Climate Action Plan 5 Increase in harmful impacts to vegetation and wildlife, including algal blooms in marine and freshwater environments, spread of disease-causing pathogens and insects in forests, and invasive agricultural pests. California communities can understand how climate change will raise temperatures and exacerbate extreme heat events, drought, wildfire, and coastal flooding in their area with resources provided by Cal-Adapt.org. The Cal-Adapt tool shows projections for two possible climate futures, one in which greenhouse gas emissions peak around 2040 and then decline (RCP 4.5) and another in which emissions continue to rise strongly through 2050 and plateau around 2100 (RCP 8.5). Both futures are considered possible depending on how successful the world is at reducing emissions and atmospheric carbon dioxide. A VERAGE M AXIMUM T EMPERATURES Overall temperatures are projected to rise substantially throughout this century. The historical (1951-1980) annual maximum mean temperature for Saratogais 69.1oF. Under the low emissions (RCP 4.5) scenario, the maximum mean temperature in Saratoga is expected to rise about 4°F by 2100. Under the high emissions (RCP 8.5) scenario, the maximum mean temperature is projected to rise 8°F to about 77°F by 2100. E XTREME HEAT D AYS As the climate changes, some of the more serious threats to public health will stem from more frequent and intense extreme heat days and longer heat waves. Extreme heat events are likely to increase the risk of mortality and morbidity due to heat-related illness, such as heat stroke and dehydration, and exacerbation of existing chronic health conditions. An extreme heat day is defined as a day in April through October where the maximum temperature exceeds the 98th historical percentile of maximum temperatures based on daily temperature data between 1961-1990. In Saratoga, the extreme heat threshold is 93.5°F. Cal-Adapt projects a significant increase in the number of extreme heat days for Saratoga. Between 1990-2005, there was an average of 6 days above 93.5°F. That average is projected to increase to 11 days by 2050 under the low emissions scenario (RCP 4.5). By the end of the century, the average number of extreme heat days is expected to increase to 13 days and could be as many as 32 days under the high emissions scenario (RCP 8.5). 424 City of Saratoga Climate Action Plan 6 REGULATION OF CLIMATE CHANGE – INTERNATIONAL, FEDERAL,AND STATE LEVELS I NTERNATIONAL C LIMATE P OLICY In 2015, the United Nations Framework Convention on Climate Change adopted the Paris Agreement, the world’s first global pact aimed at reducing GHG emissions. The agreement’s goals are to limit global temperature rise this century to well below 2 degrees Celsius above pre-industrial levels and to pursue efforts to limit temperature increase to 1.5 degrees Celsius. The Paris Agreement has been signed by nearly every country in the world, 197 nations in all. The accord includes commitments from all major emitting countries to reduce their GHG emissions, although national plans vary in scope and reduction target. Nonetheless, the emission reduction pledges are not enough to meet the Agreement’s stated goals. Under the accord, the United States had pledged to cut its GHG emissions 26 to 28% below 2005 levels by 2025 and commit up to $3 billion in aid for poorer countries by 2020. U.S.initiativesto meet this goal included the Clean Power Plan and tightening of automotive fuel efficiency standards. In 2017, the President announced that the United States would withdraw from the Paris climate accord. Under the terms of the agreement, the United States cannot exit until November 4, 2020. FEDERAL CLIMATE P OLICY Currently, there is no federal legislation mandating comprehensive greenhouse gas emissionsreporting or reduction in the United States. The U.S. Senate considered, but failed to pass, various cap-and-trade bills in 2009 and 2010. Therefore, the U.S. has used its rulemaking authority under the Clean Air Act to begin to regulate greenhouse gas emissions. In 2009, the U.S. Environmental Protection Agency (EPA) made an "endangerment finding" that GHGs threaten the public health and welfare of the American people.5F5.F5F 6 This finding provided the statutory prerequisite for EPA regulation of GHG emissions from motor vehicles and led to several GHG regulations for stationary sources. In May 2010, the EPA issued a “tailoring” rule that enables the agency to control GHG emissions from the nation’s largest GHG sources, including power plants, refineries, cement production facilities, industrial manufacturers, and solid waste landfills, when these facilities are newly constructed or substantially modified. The EPA reported that its GHG permitting requirements would address 70% of the national GHG emissions from stationary sources6F6F6F 7. In 2013, the EPA announced proposed Clean Air Act standards to cut carbon dioxide emissions from power plants. In 2012, new rules mandated an average fuel economy of 54.5 miles per gallon for cars and light-duty trucks by the 2025 model year, up from the existing standard of 35.5 MPG in 2016.7F7F7F 8 The new standards were designed to apply pressure on auto manufacturers to increase development of electric vehicles as well as improve the mileage of conventional passenger cars by producing more efficient engines and lighter car bodies. In 2013, a federal Climate Action Plan was released, which outlined steps the administration could take to reduce GHG emissions. Actions included: reducing emissions from power plants; accelerating renewable energy production on public lands; expanding and modernizing the electric grid; raising fuel economy standards for passenger vehicles; and accelerating energy efficiency initiatives. 6 Final Rule, EPA, Endangerment and Cause or Contribute Findings for Greenhouse Gases Under the Clean Air Act, 74 Fed. Reg. 66495, December 7, 2009. 7 Final Rule: Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule Fact Sheet, EPA. 8 “Obama Administration Finalizes Historic 54.5 MPG Fuel Efficiency Standards,” Office of the Press Secretary, the White House, http://www.whitehouse.gov/the-press-office/2012/08/28/obama-administration-finalizes-historic-545-mpg-fuel-efficiency- standard.. 425 City of Saratoga Climate Action Plan 7 Since 2016, the 2012 rule that required automakers’ fleet to average 54.5 miles per gallon by 2025 to about 40 miles per gallon and California’s right to set its own more aggressive standards were both revoked. In recent years, the federal government replaced the Clean Power Plan, which would have set strict limits on carbon emissions from coal and natural gaspower plants, with a new version that lets states set their own rules. In addition, federal agencies no longer include GHG emissionanalysisin environmental reviews.Many of these federal actions are subject to ongoing legal challenges. STATE CLIMATE P OLICY Since 2005, the State of California has responded to growing concerns over the effects of climate change by adopting a comprehensive approach to addressing greenhouse gas emissions in the public and private sectors. In 2005, Executive Order S-3-05established long-term targets to reduce GHG emissions to 1990 levels by 2020 and 80% below 1990 levels by 2050. The 2020 GHG reduction target was subsequently codified with the passage of the Global Warming Solutions Act of 2006, more commonly known as Assembly Bill 32 (AB 32). Senate Bill 32 (SB 32), passed in 2016, established a longer-term target to reduce emissions 40%below 1990 levels by 2030. In 2015, Executive Order B-30-15 reaffirmed California’s goal to reduce emissions 80%below 1990 levels by 2050, and 2018’s Executive Order B-55-18 committed California to achieve carbon neutrality – the point at which the removal of carbon from the atmosphere meets or exceeds emissions – by 2045. The California Air Resources Board (CARB) is responsible for monitoring and reducing greenhouse gas emissions set forth in AB 32 and SB 32, and is, therefore, coordinating statewide efforts. CARB adopted its first Scoping Plan in 2008 which outlined the actions required for California to reach its 2020 emission target. CARB’s California’s 2017 Climate Change Scoping Plan lays out a strategy to achieve the 2030 target. The Scoping Plan encourages local governments to adopt a reduction goal for municipal operations emissions and move toward establishing similar goals for community emissions that parallel the State commitment to reduce greenhouse gas emissions. The State encourages local governments to track GHG emissions and adopt a Climate Action Plan that identifies how the local community will meet the reduction target. Saratoga has tracked community operations GHG emissions since 2005. The State of California established the Six Pillars framework in 2015. These include (1) reducing today’s petroleum use in cars and trucks by up to 50%; (2) increasing from one-third to 50% our electricity derived from renewable sources; (3) doubling the energy efficiency savings achieved at existing buildings and making heating fuels cleaner; (4) reducing the release of methane, black carbon, and other short-lived climate pollutants; (5) managing farm and rangelands, forests, and wetlands so they can store carbon; and (6) periodically updating the State's climate adaptation strategy,Safeguarding California. The actions contained in this Climate Action Plan are designed to support and implement the Six Pillars and the goals of the 2017 Climate Change Scoping Plan on a local level. SB 375, passed by the State Assembly and Senate in August 2008, is another significant component of California’s commitment to GHG reduction. The goal of SB 375 is to reduce emissions from cars and light trucks by promoting compact mixed-use, commercial,and residential development. The first step outlined in SB 375 called for the State’s 18 metropolitan planning organizations (MPOs) and the California Air Quality Board to establish a region’s GHG reduction target for passenger vehicle and light duty truck emissions. Then, the MPO was required to develop a sustainable communities strategy that demonstrates how the region will meet its GHG reduction target. Here in the Bay Area, four regional government agencies – the Association of Bay Area Governments, the Bay Area Air Quality Management District, the Bay Conservation and Development Commission, and the Metropolitan Transportation Commission, worked together to create Plan Bay Area, the region’s sustainable communities strategy. Most recently updated in 2017, the plan is projected to reduce regional per capita greenhouse gas emissions from passenger vehicles and light duty trucks 16% by 2035.8F8F 426 City of Saratoga Climate Action Plan 8 In 2010, the California State Office of Planning and Research adopted revised CEQA Guidelines that allow streamlining of project-level analysis of greenhouse gas emissions through compliance with a greenhouse gas reduction plan contained in a general plan, long range development plan, or separate climate action plan. Plans must meet the criteria set forth in section 15183.5 of the CEQA Guidelines, which include requirements for quantifying existing and projected greenhouse gases; identifying a level of cumulative greenhouse gas emissions that would not be considered significant; specifying measures and standards that would ensure achievement of this level; and continued monitoring to track progress. This Climate Action Plan meets those criteria. If this Plan is incorporated in the updated General Plan and evaluated in the General Plan Update Environmental Impact Report, then it may be used in the cumulative impacts analysis of later projects. An environmental document that relies on a greenhouse gas reduction plan for a cumulative impacts analysis must identify those requirements specified in the plan that apply to the project, and, if those requirements are not otherwise binding and enforceable, incorporate those requirements as mitigation measures applicable to the project. ACTIONS TAKEN BY SARATOGA TO REDUCE GREENHOUSE GAS EMISSIONS Although this is the City’s first Climate Action Plan, the City of Saratoga has already implemented a wide range of measures to reduce greenhouse gas emissions. RENEWABLE ENERGY In 2016, the City joined eleven Santa Clara County communities to form Silicon Valley Clean Energy (SVCE), a new Community Choice Energy agency. As a public agency, SVCE is chartered to source clean, competitively priced electricity on behalf of residents and businesses in participating jurisdictions. In 2017, the City began purchasing 100% renewable electricity from SVCE for all municipal facilities. In 2012, the City installed 78 solar panels at the Corporation Yard that provide approximately 25 kilowatts of electricity. The solar energy system fully powers the Corporation Yard and the remaining electricity is directed to the Community Center. Also that year, the City installed a solar PV system at the Library that produces over 91,00 kWh of electricity annually. ENERGY EFFICIENCY The City has replaced fluorescent lighting with light-emitting diode (LED) fixtures in its buildings. The City has converted all its traffic signals and approximately 45% of its streetlights to LED fixtures. LED lighting uses about half of the electricity of conventional lighting. In 2014, the City installed a cool roof at the Joan Pisani Community Center, which reflects the sun’s energy back to the sky instead of allowing it to enter the building as heat. The cool roof reduced the cost of air conditioning by 20% to 30%. The City has also installed cool roofs on the theater and City Hall buildings. In 2019, the City adopted a green building reach code that requires all new buildings to use electric heat pump technology for their space and water heating. Natural gas is permitted as a fuel source for clothes drying, food cooking, and fireplaces, but these appliance connections must be “electric-ready.” The City also requires new commercial buildings to exceed Title 24 energy efficiency requirements by 15%. LOW CARBON TRANSPORTATION Completed pedestrian and bicycle infrastructure and safety improvements to encourage residents, employees, and visitors to walk or bike rather than drive to their destinations. 427 City of Saratoga Climate Action Plan 9 Installed electric vehicle changing stations at City Hall, downtown, and the library. Adopted an ordinance that requires new one and two-family homes and townhouses with attached garages to install two EV charger outlets, with one outlet located on the exterior of the building. WASTE REDUCTION Implemented green purchasing policies for government operations, including preferences for environmentally friendly janitorial supplies, products made from recycled materials, and durable or reusable products. The City also has an extensive recycling program. Executed a Solid Waste Hauling Franchise Agreement with provisions for recycling and green waste programs. WATER CONSERVATION Replaced turf areas in Saratoga parks with native, drought tolerant plants to save on water and maintenance costs. Installed smart irrigation controls at City parks and medians to control watering levels based on weather and moisture content in the air. CARBON SEQUESTRATION In 2016, the City challenged residents to plant 2,020 trees by the year 2020 after Saratoga lost a significant number of trees due to the drought. To reach this goal, the City partnered with Our City Forest to offer residents discounted trees. The City and community exceeded this goal by May 2019. CLIMATE ACTION The City is a member of Joint Venture Silicon Valley-Public Sector Climate Action Task Force. Under its action plan, the task force seeks to conduct inventories of greenhouse gas emissions; develop a vision for the region and set goals; identify and analyze specific opportunities to reduce emissions; form procurement pools to obtain the best prices on new technologies; identify and evaluate financing options; pilot solutions and share experiences; and measure progress toward its goals. 428 City of Saratoga Climate Action Plan 10 SARATOGA’S GREENHOUSE GAS EMISSIONS SARATOGA PROFILE Located in the foothills of the Santa Cruz Mountains, the City of Saratoga runs along the western edge of Santa Clara County. Saratoga hasa land area of approximately 12.8 square miles. The Cityenjoys a temperate climate, with cool, wet, and almost frostless winters and dry, sunny summers. According to California Department of Finance estimates, the population of Saratoga in 2017 was 31,364 and there were 11,226 housing units. The housing stock is relatively older, with approximately 80% of homes built before 1980, providing excellent opportunities to upgrade homes to include more energy-efficient features(American Community Survey, 2018). The local climate means that electricity consumption spikes during the summer to cool buildings, while natural gas consumption rises in the winter months and fluctuates according to average low temperatures during the rainy season. Water use rises during the summer, and outdoor water use is largely dependent upon local rainfall patterns and weather conditions. Saratoga is a local employment center providing about 8,720 jobs in 2017 (Plan Bay Area Projections 2040). Most people who work in Saratoga commute from other Santa Clara cities and towns (65%), while about 12% come from other counties (Census Transportation Planning Products, 2012-2016). The Cityhas public and private schools for grades K-12, a community college, a post office, a library, twofire stations, and a City Hall. The commercial sector of the built environment, which includes retail and office buildings as well as public and government facilities, uses about 31% of all electricity and 12% of natural gas consumed in Saratoga. As such, the commercial sector has a significant role to play in reducing GHG emissions in the community. Saratoga is served by transit service provided by Santa Clara Valley Transportation Authority. In 2017, five local bus routes connected Saratoga residents, workers, and students to the Santa Clara Caltrain station and transit centers in Sunnyvale, Santa Clara, and Eastridge. An estimated 1% of Saratoga residents commute to work by public transportation. Prior to the novel coronavirus pandemic, about 79% of employed residents drive to work alone and 8% carpool (American Community Survey, 2018). The City’s climate, compact size, and mostly flat topography are conducive to walking and bicycling, and the City’s network of bicycle and pedestrian facilities and amenities provides safe and convenient routes. Nonetheless, while approximately 13% of employed Saratoga residents work in the City and not in their homes, only 2% walk or bike to work. Encouraging more residents to walk and bike to destinations within the City will help to reduce transportation emissions. Finally, Saratoga residents are both wealthier and more educated than residents in most California communities. With amedianhousehold income more than double that of the average California household ($176,641 vs.$71,228) and a great majority of well-educated residents (78% have a bachelor’s degree or higher), Saratoga residents are well positioned to lead the way in adopting new technologies. Public information campaigns, incentives, and regulatory mechanisms to accelerate solar and battery storage installation, electric vehicle adoption, and electrification of buildings and appliances are strategies that can be used to reduce GHG emissions in the community. 429 City of Saratoga Climate Action Plan 11 COMMUNITY EMISSIONS INVENTORY The first step toward developing a climate action plan is to identify sources of emissions and establish baseline levels. In 2020, the City prepared a Greenhouse Gas Emissions Inventory for community operations emissions for the years 2005 through 2017. The inventory quantifies greenhouse gas emissions from a wide variety of sources, from the energy used to power, heat, and cool buildings, to the fuel used to move vehicles and power off-road equipment, to the decomposition of solid waste and treatment of wastewater. Emissions are quantified according to methodologies established by the U.S. Community Protocol for Accounting and Reporting of Greenhouse Gas Emissions (v. 1.2). The report provides a detailed understanding of where the highest emissions are coming from, and, therefore, where the greatest opportunities for emissions reductions lie. The inventory also establishes a baseline emission inventory against which to measure future progress. Community emissions are quantified according to these seven sectors: The Residential sector represents emissions generated from the use of electricity, natural gas, and propane in Saratoga homes. The Commercial sector represents emissions generated from the use of electricity and natural gas in commercial, industrial, and governmental buildings and facilities. The Transportation sector includes tailpipe emissions from passenger vehicle trips originating and/or ending in Saratoga, a share of tailpipe emissions generated by medium and heavy-duty vehicles travelling on Santa Clara County roads, and emissions from transit vehicles operating within the city limits. Electricity used to power electric vehicles is embedded in electricity consumption reported in the Residential and Commercial sectors. The Waste sector represents fugitive methane emissions that are generated over time as organic material decomposes in the landfill. Although most methane is captured or flared off at the landfill, approximately 25% escapes into the atmosphere. The Off-Road sector represents emissions from the combustion of gasoline, diesel, and other fuels from the operation of off-road vehicles and equipment used for light commercial, construction, recreation, and landscape maintenance. The Water sector represents emissions from energy used to pump, convey, treat, and distribute potable water from the water source to Saratoga. The Wastewater sector represents stationary, process, and fugitive greenhouse gases that are created during the treatment of wastewater generated by the community and emissions created from energy used to process wastewater. It also includes fugitive emissions from septic systems present within Saratoga’s city limits. Community greenhouse gas emissions totaled 179,893 metric tons in 2008 and 119,974 metric tons in 2017, falling 33%, or 59,919 metric tons CO2e in that period.8F 9 As shown in Table 2, reductions occurred in all inventoried sectors except the Waste sector. The largest decline occurred in the Residential sector, due to a reduction in electricity and natural gas consumption and an improvement in the carbon intensity of electricity. Emissions declined 45% in the Residential sector and 35,000 metric tons between 2008 and 2017. 9 Although the City’s Greenhouse Gas Inventory quantifies emission levels back to 2005, the CAP uses a 2008 baseline from which to establish reduction targets as recommended in the California Air Resources Board’s Climate Change Scoping Plan (2008 and 2017).See page 15 of this plan for more information. 430 City of Saratoga Climate Action Plan 12 TABLE 2: COMMUNITY EMISSIONS BY SECTOR, 2008 TO 2017 Year ResidentialCommercialTransportationWasteOff-RoadWaterWastewaterTotal % Change from 2008 2008 78,162 22,512 66,612 5,669 4,607 1,474 856 179,893 2009 74,757 21,425 66,342 4,841 4,031 1,265 841 173,501 -4% 2010 67,196 18,633 64,352 4,484 4,486 916 794 160,861 -11% 2011 66,084 16,825 63,226 4,492 4,381 818 779 156,605 -13% 2012 64,033 17,382 61,600 4,574 4,458 945 797 153,790 -15% 2013 64,538 17,240 61,042 4,520 4,631 950 793 153,713 -15% 2014 53,687 15,747 60,756 4,514 4,658 851 795 141,008 -22% 2015 53,493 15,248 58,591 4,381 4,977 633 785 138,108 -23% 2016 48,435 13,240 57,530 4,363 4,907 440 744 129,660 -28% 2017 43,162 9,597 56,847 4,287 5,018 338 724 119,974 -33% Change from 2008 -35,000 -12,915 -9,764 -1,382 410 -1,136 -132 -59,919 % Change from 2008 -45%-57%-15%-24%9%-77%-15%-33% Figure 3 compares sector emissions between 2008 and 2017. Emissions from the Transportation sector have always been responsible for the greatest percentage of greenhouse gas emissions, but that share has grown over the years as energy use has declined and electricity has become cleaner. PG&E has been steadily increasing the amount of renewable energy in its electricity mix,which was 67% less carbon intensive in 2017than it was in 2008. Silicon Valley Clean Energy, which began providing electricity to Saratoga customers in April 2017, provides its customers with electricity that is generated from 100% greenhouse-free sources. In 2017, about 60% of the electricity consumed in Saratoga was sourced by Silicon Valley Clean Energy. 431 City of Saratoga Climate Action Plan 13 FIGURE 3: EMISSIONS BY SECTOR, 2008 AND 2017 CONSUMPTION-B ASED INVENTORY In 2016, the Bay Area Air Quality Management District (BAAQMD) and U.C. Berkeley developed consumption-based inventories for Bay Area communities to better understand how purchasing habits contribute to global climate change. A consumption-based inventory includes emission sources that don’t get counted in the typical “activity- based” GHG inventory, as well as other items that are difficult to quantify like airplane travel and upstream emissions from the production, transport, and distribution of food and household goods. Figure 4 shows the results of the consumption-based inventory for Saratogahouseholds. According to this inventory, the average Saratoga household generates 66.2 MTCO2e per year. As a comparison, the City’s community-wide emissions of 119,974 MTCO2e works out to about 11.1 MTCO2e per household. For more information on the consumption-based inventories, visit https://coolclimate.org/inventory. Although the consumption-based inventory is informative, it is not updated regularly and therefore does not provide a useful way to track changes in emissions levels over time. Saratoga’s Greenhouse Gas Inventory instead focuses on emission sources that the City has some control over and that can be reliably quantified using established protocols and tracked annually in order to inform decision-making and measure progress. Residential 36% Transportation 48% Waste 4% Water & Wastewater <1% Off-Road 4% Commercial 8% Residential 43% Transportation 37% Waste 3% Water & Wastewater <1% Off-Road 3% Commercial 13% 2008 2017 432 City of Saratoga Climate Action Plan 14 FIGURE 4: AVERAGE SARATOGA HOUSEHOLD CARBON FOOTPRINT Source: CoolClimate Network COMMUNITY EMISSIONS FORECAST The Climate Action Plan includes a business-as-usual (BAU) forecast in which emissions are projected in the absence of policies or actions that would occur beyond the base year (2017)to reduce emissions. The forecasts are derived by “growing” 2017 emissions by forecasted changes in population, number of households, and jobs.Transportation emissions are projected utilizing data provided by the Metropolitan Transportation Commission (MTC), which incorporate the vehicle miles traveled (VMT) reductions expected from the implementation of Plan Bay Area 2040 and the Regional Transportation Plan adopted in 2017. As shown in Table 3, emissions are expected to rise about 6.6%by 2030 and 8.7%by 2040, assuming full build-out. Although the MTC has not made official VMT projections for 2050, continuing the trendline suggests community emissions would reach approximately 130,860 MTCO2e by 2050 under the BAU forecast, an increase of 9.1%over 2017 levels. TABLE 3: SARATOGA COMMUNITY EMISSIONS FORECAST 2008 Emissions 2017 Emissions 2030 BAU Emissions 2040 BAU Emissions 2050 BAU Emissions 179,893 119,974 127,885 130,462 130,860 Values are expressed in MTCO2e 433 City of Saratoga Climate Action Plan 15 COMMUNITY EMISSIONS REDUCTION TARGETS The State of California has adopted goals to reduce California’s greenhouse gas emissions. Passed in 2006, the California Global Warming Solutions Act (Assembly Bill 32) established the State’s first target to reduce statewide emissions to 1990 levels by 2020. Because activity data is generally not available to determine 1990 emissions levels for local governments, the California Air Resources Board recommended local governments pursue a target, comparable to the statewide target, to reduce emissions 15% below “current” emissions in its Climate Change Scoping Plan, which was published in 2008. The State subsequently established additional goals for future reductions. Senate Bill 32, passed in 2016, establishes a target to reduce emissions 40% below 1990 levels by 2030. Executive Order B-30-15 reaffirmed California’s goal to reduce emissions 80% below 1990 levels by 2050. The California Air Resources Board’s 2017 Climate Change Scoping Plan lays out a strategy to achieve the 2030 target and recommends statewide targets of no more than 6 MTCO2e per capita by 2030 and no more than 2 MTCO2e per capita by 2050.9F 10 However, the statewide target is based on emissions from all inventory sectors and should be adjusted to reflect local emissions sectors. When adjusted to include only those sectors and emission sources that are included in Saratoga’s GHG community inventory, the adjusted local target is no more than 4.1 MTCO2e per person by 2030 and approximately 1.4MTCO2eper person by 2050.Appendix C details how the adjusted local target was derived. This Climate Action Plan establishes targets similar to the State’s goals to reduce emissions 40% below 1990 levels by 2030 and 80% below 1990 levels by 2050. In Saratoga, that means emissions would need to drop to 91,745 MTCO2e by 2030 and 30,582 MTCO2e by 2050. The community emissions trend, forecast, and reduction targets are shown in Figure 5. The Plan lays out measures that will exceed the 2030 target and put the City on a trajectory to meet the 2050 goal. The trajectory line in Figure 5 assumes the following strategies are implemented by 2050: GHG-free electricity Electrification of all passenger vehicles Electrification of all transit buses Continued fuel efficiency improvements in the commercial vehicle fleetand some electrification of medium and heavy-duty trucks Elimination of all organic waste from the landfill Continued reductions in natural gas consumption in residential and commercial buildings Electrification of all lawn and garden equipment In September 2018, Governor Brown issued Executive Order (EO) B-55-18, which established a new statewide goal to achieve carbon neutrality by 2045. The Executive Order defines carbon neutrality as “the point at which the removal of carbon pollution from the atmosphere meets or exceed emissions” and states that carbon neutrality will require both GHG reductions consistent with existing statewide targets and carbon sequestration in forests, soils, and other natural landscapes. EO B-55-18 directs the California Air Resources Board to update future Scoping Plans to identify sequestration targets and recommend measures to achieve the new goal. 10 California Air Resources Board, “2017 Scoping Plan,” p. 99. 434 City of Saratoga Climate Action Plan 16 FIGURE 5: COMMUNITY EMISSIONS TREND, FORECAST, AND TARGETS 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 180,000 200,000 Annual GHG Emissions (MTCO2e)Year ACTUAL EMISSIONS BUSINESS-AS-USUAL SCENARIO 2030 Target 40% below 1990 levels 2050 Target 80% below 1990 levels TRAJECTORY LINE 435 City of Saratoga Climate Action Plan 17 ACTIONS TO REDUCE GREENHOUSE GAS EMISSIONS AND ADAPT TO CLIMATE CHANGE INTRODUCTION The Climate Action Plan includes a variety of regulatory, incentive-based, and market-based strategies that are expected to reduce emissions from both existing and new development in Saratoga. Several of the strategies build on existing programs while others provide new opportunities to address climate change. State actions will have a substantial impact on future emissions. Local strategies will supplement these State actions and achieve additional GHG emissions reductions. Successful implementation will rely on the combined participation of City staff and Saratoga residents, businesses, and community leaders. The following sections identify the State and local strategies included in the Climate Action Plan to reduce community emissions. Emissions reductions are estimated for individual actions when quantifiable. Combined, these indicate the City will reduce emissions 42% below 1990 emissions in 2030, which exceeds the State’s 2030 goal. As shown in Figure 6, State and local actions each represent about 50% of the reduction expected through implementation of the Climate Action Plan. FIGURE 6: CUMULATIVE IMPACT OF REDUCTION STRATEGIES 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 2017 2020 2025 2030MTCO2eBUSINESS-AS-USUAL SCENARIO 2030 GOAL State Actions Local Actions 436 City of Saratoga Climate Action Plan 18 STATE ACTIONS The Climate Action Plan incorporates State reduction strategies that have been approved, programmed, and/or adopted and will reduce local community emissions from 2017 levels. These programs require no additional local actions, although local actions may work to support these programs, as in the case of the State Action “Organic Waste Reduction”. State actions are quantified first and deducted from projected community emissions to provide a better picture of what still needs to be reduced at the local level toget to the overall reduction target.State actions and emissions reductions are shown in Table 4 and detailed in Appendix B. L IGHT AND HEAVY -D UTY FLEET R EGULATIONS Assembly Bill 1493, signed into law in 2002, requires carmakers to reduce greenhouse gas emissions from new passenger cars and light trucks beginning in 2009 through increased fuel efficiency standards. The California Air Resources Board (CARB) adopted regulations in September 2009 that reduce greenhouse gas emissions in new passenger cars, pickup trucks, and sport utility vehicles for model years 2012-2016. The Advanced Clean Cars rule was expected tofurther reduce GHG emissions from automobiles and light-duty trucks for 2017-2025 vehicle models years. CARB Tractor-Trailer Greenhouse Gas Regulations accelerated the use of low rolling resistance tires and aerodynamic fairing to reduce GHG emissions in the heavy-duty truck fleet. Finally, the Heavy Duty GHG Emissions Standards (Phase One) established GHG and fuel efficiency standards for medium-duty and heavy-duty engines and vehicles for 2014-2018 model years. These regulations have been incorporated into the California Air Resources Board’s (CARB) emissions model, EMFAC2017, which is used to calculate emissions from on-road sources for California counties. In June 2020, CARB issued off-model adjustments to EMFAC2017 emission factors to account for the SAFE Vehicles Rules and actions adopted by the U.S. EPA and the National Highway Traffic Safety Administration (NHTSA) in late 2019 and early 2020.9F9F10F 11 In September 2019, the U.S. EPA and the NHTSA issued the Safer Affordable Fuel-Efficient (SAFE) Vehicles Rule Part One: One National Program (SAFE Part One) that revoked California’s authority to set its own greenhouse gas emissions standards and zero-emission vehicle (ZEV) mandates in California. In April 2020, the federal agencies issued the SAFE Vehicles Rule for Model Years 2021-2026 Passenger Cars and Light Trucks (Final SAFE Rule) that relaxed federal GHG emissions and fuel economy standards. CARB staff adjusted projected emissions factors by lowering the improvement in fuel economy expected for passenger cars and light trucks for the 2021 to 2026 model years. CARB also froze new ZEV sales at model year 2020 levels. Transportation emissions quantified in this CAP reflect the off-model adjustment. R ENEWABLE P ORTFOLIO S TANDARD (RPS) Established in 2002 in Senate Bill 1078, the Renewable Portfolio Standard program requires electricity providers to increase the portion of energy that comes from eligible renewable sources, including solar, wind, small hydroelectric, geothermal, biomass, and biowaste, to 20% by 2010 and to 33% by 2020. Senate Bill 350, passed in 2015, increased the renewable requirement to 50% by the end of 2030. Senate Bill 100, passed in September 2018, accelerated the RPS standard to 60% by 2030 and zero-carbon by 2045. In 2019, PG&E’s electric power generation mix contained 29% eligible renewable energy and was 100% GHG-free. Silicon Valley Clean Energy’s “GreenStart” electricity 11 California Air Resources Board, “EMFAC Off-Model Adjustment Factors for Carbon Dioxide Emissions to Account for the SAFE Vehicles Rule Part One and the Final Safe Rule,” June 26, 2020, https://ww3.arb.ca.gov/msei/emfac_off_model_co2_adjustment_factors_06262020- final.pdf?utm_medium=email&utm_source=govdelivery 437 City of Saratoga Climate Action Plan 19 contained 50% eligible renewable energy and was 100% GHG-free. SVCE’s “GreenPrime” electricity contained 100% eligible renewable energy and was GHG-free. T ITLE 24 The California Energy Commission (CEC) promotes energy efficiency and conservation by setting the State’s building energy efficiency standards. Title 24 of the California Code of Regulations covers the structural, electrical, mechanical, and plumbing system of every building constructed or altered after 1978. The building energy efficiency standards are updated on an approximate three-year cycle, and each cycle imposes increasingly higher demands on energy efficiency and conservation. Emissions reductions are based on lower energy budgets mandated by existing Title 24 energy efficiency standards, as well as mandatory solar installation for residential buildings beginning with the 2019 code. L IGHTING E FFICIENCY AND T OXIC R EDUCTION A CT AB 1109, the Lighting Efficiency and Toxic Reduction Act, tasked the California Energy Commission (CEC) with reducing lighting energy usage in indoor residences by no less than 50% from 2007 levels by 2018, as well as required a 25% reduction in indoor and outdoor commercial buildings by the same date. To achieve these efficiency levels, the CEC applied its existing appliance efficiency standards to include lighting products, as well as required minimum lumen/watt standards for different categories of lighting products. The bill also expanded incentives for energy efficient lighting. O RGANIC W ASTE R EDUCTION Passed in 2016, SB 1383 establishes targets to achieve a 50% reduction in statewide organic waste disposal from the 2014 level by 2020 and a 75% reduction by 2025. The law grants CalRecycle regulatory authority to achieve the organic waste disposal reduction targets and establishes an additional target that not less than 20% of currently disposed edible food is recovered for human consumption by 2025. In 2022, CalRecycle may begin to issue penalties for non-compliance. On January 1, 2024, the regulations may require local jurisdictions to impose penalties for non- compliance on regulated entities subject to their authority. The State has enacted additional laws to reduce organic waste disposal and increase recycling. AB 1826, passed in 2014,requires businesses to recycle their organic waste, depending on the amount of waste they generate per week. In this context, organic waste means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. The law phases in mandatory recycling of commercial organics over time. As of January 2019, businesses that generate 4 or more cubic yards of commercial solid waste per week arerequired to arrange for organic waste recycling services. The State law is intended to reduce statewide disposal of organic waste 50% from 2014 levels by 2020. If that target is not met, the law will be extended to cover businesses that generate 2 cubic yards or more of commercial solid waste. In addition, the State's Green Building Code (CALGreen) requires residential and non-residential development projects to recycle and/or salvage for reuse a minimum of 65% of the nonhazardous construction and demolition waste. Table 4shows the total emissions reductions in Saratogaprojected by 2030 through implementation of State actions. 438 City of Saratoga Climate Action Plan 20 TABLE 4: EMISSIONS REDUCTIONS FROM STATE ACTIONS State Action 2030 Emissions Reductions MTCO2e Light and Heavy-Duty Vehicle Regulations 13,639 Renewable Portfolio Standard 1,529 Title 24 340 Lighting Efficiency 73 Organic Waste Reduction 3,853 Total 19,433 SUMMARY OF LOCAL GREENHOUSE GAS EMISSIONS REDUCTION STRATEGIES The local mitigation strategies presented in the following sections, and as summarized in Table 5 below, achieve greenhouse gas emissions reductions in the community of approximately 19,400 MTCO2e in 2030. TABLE 5: LOCAL EMISSIONS REDUCTION STRATEGIES Strategy GHG Reductions by 2030 (MTCO2e)Percent of Reductions Low Carbon Transportation 8,129 42% Renewable Energy 5,196 27% Energy Efficiency 5,784 30% Waste Reduction n/a - Water Conservation 44 <1% Carbon Sequestration 248 1% Adaptation n/a - Community Engagement n/a - Implementation and Monitoring n/a - Total 19,401 100% These local strategies are detailed with specific actions in the following sections. Some actions are not associated with greenhouse gas reductions because they are in support of other local and/or State actions, or because information was not available to quantify the potential GHG reduction. Together, the projected reductions from State and local actions total 38,834 MTCO2e by 2030. Community emissions are therefore projected to be 89,051 MTCO2e in 2030 with the full implementation of the CAP. This is 42% below 1990 levels and exceeds the statewide reduction target by 2%. 439 City of Saratoga Climate Action Plan 21 LOW CARBON TRANSPORTATION Almost half of Saratoga’s community emissions comes from transportation, and up until the recent commercial success of electric vehicles, it has been hard to see how transportation emissions can be reduced. Sure, improvements in fuel efficiency have driven emissions down –the passenger vehicle fleet in Santa Clara County is about 15% more fuel efficient than it was ten years ago –but vehicle miles traveled by passenger cars have only gone down about 2% over the same period. Surveys show that alternative transportation rates have hardly budged over the years, despite improvements in the bicycle and pedestrian network and public information campaigns to get people to carpool, bicycle, walk,and take transit. All of that is now changing with the viability of zero emission vehicles (ZEVs), especially here in Saratoga where electricity is quite clean and expected to get cleaner. ZEVs include all-battery as well as plug-in hybrid vehicles. Santa Clara County is a leader in ZEV adoption rates,and ZEVs already comprise about 4.7% of registered vehicles in the county as of January 2020. In Saratoga, the rate is even higher, at just under 10%.The City’s plan is to increase the rate of ZEV registrations among Saratoga residents and workers to 25% by 2030 by building out the EV charging infrastructure and encouraging ZEVs through incentives, public education, and development requirements.This is an aggressive target, but one that complements the State’s goal to put 5 million ZEVs on the road by 2030 and require all new passenger cars sold in California to be zero emission by 2035. Improvements in battery and charging technology, expected cost reductions, and automakers’ commitments to significantly expand ZEV offerings point to an all-electric future. New cars are typically out of the reach of lower-income household budgets, but programs that incentivize used EV car purchases and installation of EV chargers in multi-family buildings can help ensure the benefits of EV ownership are shared by all. That said, Saratoga cannot rely on ZEVs alone to meet its transportation emissions reduction goals;reducing congestion, enabling better biking and walking opportunities, and incentivizing public transit all carry co-benefits and can be enjoyed by all. The City will take the following actions to reduce emissions from transportation sources. TABLE 6: LOW CARBON TRANSPORTATION ACTIONS ID Measure GHG Reduction by 2030 (MTCO2e) Share of Reductions LCT-1 Zero Emission Vehicles 7,264 89% LCT-2 Bicycling 328 4% LCT-3 Walking 16 <1% LCT-4 Employee Trip Reduction 36 <1% LCT-5 Public Transit 245 3% What You Can Do #1 Drive an all-electric or plug-in hybrid vehicle. #2 Bike, walk, or take transit whenever possible. #3 Reduce the number of miles you drive by working from home when possible and consolidating vehicle trips. #3 Shut your car off when waiting in line at the ATM or school pick up/drop off lane. #4 Better yet, encourage your child to walk or bike to school. 440 City of Saratoga Climate Action Plan 22 LCT-6 Safe Routes to School 188 2% LCT-7 Traffic System Management and Vehicle Idling1 n/a - LCT-8 Zero and Low Emission City Vehicles 43 1% LCT-9 Low Carbon Fuels 5 <1% LCT-10 City Employee Commute 2 <1% TOTAL 8,129 100% 1 Emissions reductions could not be calculated due to lack of data. LOW CARBON TRANSPORTATION ACTIONS LCT-1 Zero Emission Vehicles. Develop a Zero Emission Vehicle Plan that will result in 25% of passenger vehicles in Saratoga to be zero emission vehicles (ZEVs), including plug-in electric vehicles (EVs) and hydrogen fuel cell electric vehicles, by 2030. Consider incorporating the following actions in the plan: 1.Work with SVCE to implement and update the Electric Vehicle Infrastructure Joint Action Plan. 2.Adopt reach codes that require EV-ready infrastructure and charging station installation above State baseline building requirements for new and remodeled residential, multi-family, and commercial projects. 3.Adopt permit streamlining practices to expedite the approval process for new EV infrastructure and charging station installation. 4.Work with SVCE to identify multi-family sites and corridors appropriate for EV fast chargers. 5.Work with SVCE to promote available rebates and technical support for multi-family and workplace sites. 6.Provide free or low-cost charging for ZEVs at City parking lots. 7.Provide wayfinding signage to public EV chargers. 8.Require new and remodeled gas stations to provide EV fast chargers and hydrogen fueling stations. 9.Participate in programs to promote EV adoption, including "Drive an EV" events and other media and outreach campaigns. 10. Encourage or require, as practicable, ride hailing and delivery service companies to utilize zero emission vehicles. 11. Promote use of electric bicycles, scooters, and motorcycles. LCT-2 Bicycling. Encourage bicycling as an alternative to vehicular travel. Establish and maintain a system of bicycle facilities that are consistent with the City's General Plan and Bicycle and Pedestrian Master Plan. LCT-3 Walking. Encourage walking as an alternative to vehicular travel. Establish and maintain a system of pedestrian facilities that are consistent with the City's General Plan and Bicycle and Pedestrian Master Plan. LCT-4 Employee Trip Reduction.Reduce vehicle miles traveled commuting to work through the following actions: 1.Work with Santa Clara VTA and the Bay Area Air Quality Management District (BAAQMD) to promote transportation demand programs to local employers, such as rideshare matching programs, vanpool incentive programs, emergency ride home programs, telecommuting, transit use discounts and subsidies, showers and changing facilities, bicycle racks and lockers, and other incentives to use transportation other than single occupant vehicles. 2.Embark on an outreach and educational campaign to encourage employees to reduce vehicle trips. 441 City of Saratoga Climate Action Plan 23 LCT-5 Public Transit. Support and promote public transit by taking the following actions: 1.Work with Santa Clara Valley Transportation Authority (VTA) to maximize ridership through expansion and/or improvement of transit routes, schedules, and stops. 2.Encourage VTA to use renewable diesel as a transition fuel and to purchase electric buses whenever replacing existing buses. LCT-6 Safe Routes to School.Support Safe Routes to School and strive to increase bicycling, walking, carpooling, and taking public transit to school. 1.Promote school and student participation by encouraging schools to implement and/or expand Safe Routes to School programs. 2.Identify issuesassociated with unsafe bicycle and pedestrian facilities between neighborhoods and schools, apply for Safe Routes to School grants, and execute plans to improve pedestrian and bicycle facilities. LCT-7 Traffic System Management and Vehicle Idling. 1.Implement signal synchronization to minimize wait times at traffic lights and to reduce congestion through increased traffic flow. 2.Utilize intelligent traffic management systems to improve traffic flow. 3.Encourage drivers and autonomous vehicles to limit vehicle idling, particularly at schools during drop off and pick up. LCT-8 Zero and Low Emission City Vehicles. 1.Purchase or lease zero-emission vehicles for the City fleet whenever feasible, and when not, the most fuel- efficient models available. 2.Promote City adoption and procurement of zero-emission vehicles and charging infrastructure to the public. LCT-9 Low Carbon Fuels.Use low-carbon fuel such as renewable diesel as a transition fuel in the City's fleet and encourage the City's service providers to do the same. LCT-10 City Employee Commute. Provide City employees with incentives to use alternatives to single occupant auto commuting, such as free electric vehicle charging, transit subsidies, bicycle facilities, ridesharing services, flexible schedules, and telecommuting when practical. 442 City of Saratoga Climate Action Plan 24 RENEWABLE ENERGY Energy that comes from renewable sources, including solar, wind, geothermal, and small hydroelectric, are the cleanest and most-environmentally friendly energy sources. Here in Saratoga where there is an abundance of sunny days, solar energy is a particularly good energy source. According to Project Sunroof, 94% of Saratoga buildings have roofs that are solar-viable. These 10,300 roofs could generate over 327 million kWh per year, which is more than double the total electricity usage in Saratoga in 2017. Solar system costs keep falling, too, which make them an attractive option for home and commercial building owners.The Climate Action Plan projects that Saratoga can get about 27% of our electricity from locally produced solar energy systems by 2030, up from about 11% currently, just by maintaining the current growth rate. When solar is not an option, due perhaps to a shady roof or a reluctant landlord, residents and business owners can purchase 100% renewable electricity from Silicon Valley Clean Energy (SVCE) and PG&E. SVCE and PG&E electricity have a high percentage of renewable content, which means it’s some of the cleanest electricity in the country. SVCE’s GreenStart electricity is 100% greenhouse gas free, while SVCE’s GreenPrime is also 100% GHG-free and comes from 100% renewable sources, primarily solar and wind farms in California and on the western grid. The City has been purchasing GreenPrime electricity for governmental operations since it first became available in Saratoga in April 2017. Since Saratoga’s electricity is so clean, it is a great idea to swap out appliances and heating and cooling systems that use natural gas for ones that use electricity. The City’s green building ordinance requires installation of electric heat pump technology for space and water heating in new homes and commercial buildings and requires natural gas appliances like stoves, clothes dryers, and fireplaces, if installed, to be electric-ready.Eventually, the community will need to replace the majority of natural gas appliance and equipment in existing buildings if it is going to achieve its long-term goals. Battery prices are falling and will soon be a cost-effective option, too. Solar energy combined with battery storage is a great option for people concerned about losing electric service during a Public Safety Power Shutoff event or storms and is certainly a cleaner choice than generators running on natural gas or fuel.Fortunately, ongoing research and development of energy storage systems are creating new business opportunities and making an all-electric, 100% renewable future possible. The City will take the following actions to reduce emissions from energy use. What You Can Do #1 Switch to SVCE GreenPrime or PG&E Solar Choice 100% renewable electricity. #2 Install a solar energy system on your home or business and consider battery storage. #3 Replace appliances that use natural gas for ones that use electricity. #4 Investigate electric hot water heaters and heat pumps so you can swap out heaters and furnaces that use natural gas when it’s time to replace them. 443 City of Saratoga Climate Action Plan 25 TABLE 7: RENEWABLE ENERGY ACTIONS ID Measure GHG Reduction by 2030 (MTCO2e) Share of Reductions RE-1 GHG-Free Electricity 3,651 70% RE-2 Renewable Energy Generation 1,528 29% RE-3 Building and Appliance Electrification1 n/a - RE-4 Innovative Technologies2 n/a - RE-5 Municipal 100% Renewable Electricity 17 <1% TOTAL 5,196 100% 1 See Action EE-1 in the Energy Efficiency section for estimated emissions reduction from the City’s green building ordinance. 2 This is a supportive action and therefore no additional GHG reduction is taken. R ENEWABLE E NERGY ACTIONS RE-1 GHG-Free Electricity.Support Silicon Valley Clean Energy in the continued delivery of 100% greenhouse gas free electricity and its 100% renewable electricity option (which is also 100% GHG-free). RE-2 Renewable Energy Generation and Storage.Accelerate installation of solar and other renewable energy installations and energy storage systems at residential and commercial buildings and sites and community facilities through the following provisions: 1.Provide solar permit streamlining and reduce or eliminate fees, as feasible. 2.Amend building codes, development codes, design guidelines, and zoning ordinances, as necessary, to facilitate small (up to 10 kW DC), medium (10 to 250 kW DC), and large-scale (over 250 kW DC) solar power installations. 3.Encourage installation of solar panels on rooftops and over parking areas on commercial projects, schools, and residential developments. 4.Identify and promote incentives and financing and loan programs for residential and non- residential solar projects. 5.Encourage installation of battery storage in conjunction with renewable energy generation projects. RE-3 Building and Appliance Electrification. Promote electrification of building systems and appliances that currently use natural gas, including heating systems, hot water heaters, stoves, and clothes dryers. See also Action EE-1 in the Energy Efficiency section. RE-4 Innovative Technologies.Investigate and pursue or adopt policies to allow the commercial and residential sectors to pursueinnovative technologies such as microgrids(a group of interconnected loads and distributed energy resources that can disconnect from the grid and operate independently in “island mode”), battery storage, and demand-response programs that will improve the electric grid’s resiliency and help to balance demand and renewable energy production. RE-5 Municipal 100% Renewable Electricity. Continue to purchase Silicon Valley Clean Energy 100% GHG-free and renewable energy for all facilities. 444 City of Saratoga Climate Action Plan 26 ENERGY EFFICIENCY Increasing the efficiency of buildings is often the most cost-effective approach for reducing greenhouse gas emissions. Energy efficiency upgrades, such as adding insulation and sealing leaks in heating ducts, have demonstrated energy savings of up to 20%, while more aggressive “whole house” retrofits can result in even greater energy savings.Many “low -hanging fruit” improvements can be made inexpensively and without remodeling yet can be extremely cost-efficient, such as swapping out incandescent bulbs to LED bulbs, sealing air leaks, and installing a programmable thermostat. Energy Star-certified appliances and office equipment, high- efficiency heating and air conditioning systems, and high -efficiency windows not only save energy but reduce operating costs in the long run. Rebates,financing, and tax incentives are often available for residents and businesses to help defray the cost of upgrades. The Saratoga community has been doing a good job reducing energy use. Since 2005, electricity consumption has declined an average of 0.8% per year and natural gas consumption has declined about 1.1% each year. The City will work with the utilities and other partners to promote energy efficiency and electrification programs to reduce energy use by at least 0.5% each year. New construction techniques and building materials, known collectively as “green building,” can significantly reduce the use of resources and energy in homes and commercial buildings. Green construction methods can be integrated into buildings at any stage, from design and construction to renovation and deconstruction. The State of California requires green building and energy-efficiency through the Title 24 building codes. The State updates these codes approximately every three years, with increasing energy efficiency requirements since 2001. The State’s energy efficiency goals are to have all new residential construction to be zero net electricity by 2020 and all new residential and commercial construction to be zero net energy by 2030. Local governments can accelerate this target by adopting energy efficiency standards for new construction and remodels that exceed existing State mandates, or by providing incentives, technical assistance, and streamlined permit processes to enable quicker adoption. The City of Saratoga adopted a reach code in December 2019 that requires all new residential and non-residential buildings to use electric heat pump technology for their space and water heating. Natural gas is permitted as a fuel source for clothes drying, food cooking, and fireplaces. However, buildings using natural gas appliances must also be “electric-ready,” meaning that the location of a natural gas appliance can support an electric appliance in the future. The City also requires new commercial buildings to exceed Title 24 energy efficiency requirements by 15%. The City has taken several actions to reduce energy consumption in governmental operations, including converting streetlights to LED,upgrading inefficient lighting in buildings, and installing cool roofs on the Community Center, What You Can Do #1 Replace indoor and outdoor lights with LED bulbs and turn them off when not in use. #2 Have an energy assessment done for your home or business. #3 Upgrade insulation, seal leaks, and install a programmable thermostat. #4 Purchase Energy Star appliances and equipment. #5 Unplug electronic appliances when not in use and set the thermostat to use less heat and air conditioning. 445 City of Saratoga Climate Action Plan 27 theater, and City Hall buildings.The City willcontinue to reduce energy usethrough an upgrade of remaining heating and cooling systems, continued upgrade to LED lights and streetlights, installation of energy management systems, and, the installation of a solar hot water heaters and/or heat pump systems where feasible. The City will take the following actions to reduce emissions through energy efficiency. TABLE 8: ENERGY EFFICIENCY ACTIONS ID Measure GHG Reduction by 2030 (MTCO2e) Share of Reductions EE-1 Green Building Reach Code 2,350 41% EE-2 Energy Efficiency Programs 3,411 59% EE-3 Public Lighting 8 <1% EE-4 Municipal Energy Efficiency Audit and Retrofits 16 <1% TOTAL 5,784 100% E NERGY E FFICIENCY ACTIONS EE-1 Green Building Reach Code.Implement the City's green building ordinance that requires all new residential and non-residential buildings to use electric heat pump technology for their space and water heating and requires natural gas appliances, if installed, to be electric-ready. EE-2 Energy Efficiency. Promote and expand participation in residential and commercial energy efficiency and electrification programs. 1.Work with organizations and agencies such as Silicon Valley Clean Energy and PG&E to implement energy efficiency and electrification programs and actions. 2.Identify and promote utility, state, and federal rebate, incentive, financing, and loan programs. EE-3 Public Lighting.Replace energy-inefficient street, parking lot, and other municipal outdoor lights with LED lights. EE-4 Municipal Energy Efficiency Audit and Retrofits.Identify and implement energy efficiency projects in municipal buildings and facilities and electrification of existing building systems and equipment that use natural gas. 446 City of Saratoga Climate Action Plan 28 WASTE REDUCTION The things we buy, consume, and throw away generate a lot of greenhouse gas emissions during manufacturing, transport, distribution, and disposal. The best way to reduce emissions is to purchase and consume less in the first place, and then find someone who can reuse whatever is no longer need before considering recycling or disposal. Due to the way the City accounts for community emissions, the Climate Action Plan does not take credit for reducing upstream emissions. Instead, our greenhouse gas accounting is directly concerned with emissions that are created from the anaerobic decomposition of organic waste in the landfill. The decomposition process creates methane, which is 28 times more potent as a greenhouse gas than carbon dioxide. Although landfills capture most of the methane, and some use that methane to create biogas or electricity, about one- quarter of it escapes into the atmosphere. The good news is that it is relatively easy to divert organic material from the landfill. Paper and cardboard can be recycled. Food scraps, some paper (like napkins and paper towels), and yard waste can be composted, either at home or at the compost facility. Surplus food can be donated to non-profits that distribute it to the needy. About half of the organic material that is put into the landfill is “recoverable.” California has established targets to reduce organic waste disposal by 50% by 2020 and 75% by 2030 and has passed several laws to meet those goals. If achieved, emissions in Saratoga’s waste sector will be reduced by approximately 3,850 MTCO2e (see the section on State Actions). The measures below are local actions that the City will take to assist in implementing statewide programs and achieve our mutual waste reduction goals. To avoid double counting, no emissions reductions are taken for these local actions. The City will take the following actions to reduce emissions from waste. W ASTE R EDUCTION ACTIONS WR-1 Commercial Organic Waste. Work with the City's waste hauler and other organizations to divert commercial organic waste from the landfill through waste reduction, recycling, composting, and participation in food recovery programs. 1.Require the City’s waste hauler to conduct outreach and education to businesses subject to State organic waste recycling mandates (AB 1826 and SB 1383) and ensure compliance with the law. 2.Require the City’s waste hauler to educate commercial and multi-family property owners on the proper use of on-site recycling and composting facilities. Outreach and education activities may include, but are not limited to, site visits, waste audits, “how-to” demonstrations and presentations, marketing campaigns, and provision of receptacles and signage. 3.Require development projects to provide adequate waste and recycling facilities and access as feasible. What You Can Do #1 Buy only as much as you need. #2 Buy locally grown food and eat less meat. #3 Put your food scraps in the green can and/or compost them at home. #4 Donate extra food and used clothing and housewares to charities. #5 Don’t be a “wishful” recycler. Be scrupulous about how you sort your recyclables. 447 City of Saratoga Climate Action Plan 29 WR-2 Residential Organic Waste. Work with the City's waste hauler to expand acceptable items for food waste collection and to educate and motivate residents to utilize curbside collection services and home composting for food waste. Outreach and education activities may include, but are not limited to, waste audits, “how-to” demonstrations and presentations, marketing campaigns, and provision of receptacles and signage. WR-3 Construction & Demolition Debris. Require all loads of construction and demolition debris to be processed for recovery of materials as required by law and to the maximum amount feasible. WR-4 Waste Diversion Targets. Review and revise the City's franchise agreement with the City's waste hauler to ensure waste reduction and diversion targets are met. Require regular residential and commercial waste audits and waste characterization studies to identify opportunities for increased diversion and to track progress in meeting targets. WR-5 Extended Producer Responsibility. Encourage the State to regulate the production and packaging of consumer goods and take-back programs. Encourage on-demand delivery services to reduce packaging waste and investigate requirements and incentives for same. WR-6 Waste Reduction. Utilize the City and waste hauler’s websites, how-to guides, newsletters, handouts, presentations, events, and other forms of public outreach to promote reuse, repair, and recycling of products and encourage reduced use of packaging and single use items. WR-7 Waste from Public Facilities. Increase opportunities for recycling, reuse, and composting at City facilities. 1.Embark on an educational and social marketing-based campaign to increase recycling, composting, reuse, and waste reduction within municipal operations. 2.Conduct periodic waste audits of City facilities to understand where opportunities for increased diversion lie and to track progress. 448 City of Saratoga Climate Action Plan 30 WATER CONSERVATION Saratoga is no stranger to periodic droughts and the need to conserve water, and the community has responded by reducing per capita water use by about 31%, from 143 gallons per person per day (gpcd) in 2005 to 98 gpcd in 2017. In addition to installing low-flow fixtures (showerheads, faucets,and toilets) and water-efficient appliances (clothes washers and dishwashers), residents and businesses are planting native, drought-tolerant species and even replacing lawns with attractive, low-water use gardens. Good thing, because as temperatures continue to rise, we will experience more droughts and more intense heat waves than before. Saratoga’s Greenhouse Gas Emissions Inventory counts emissions that are generated from the energy used to pump, treat, and convey water from the water source to Saratoga water users. Far more emissions are created from the energy that is used to heat water, but those emissions are counted in the residential and commercial sectors. Therefore, the water sector comprises a much smaller share of community emissions than one might expect. The water agencies that supply Saratoga’s water are committed to sustainable business practices. San Jose Water Company switched to Santa Clara Valley Clean Energy in 2017, and Santa Clara Valley Water District (which provides water to San Jose Water Company) has a goal to be carbon neutral in 2020. As a result, emissions from the water sector are relatively small. While the community has reduced water consumption about 1.9% each year since 2005, this plan conservatively assumes water consumption will continue to decline an average of 1% each year through 2030. The City will take the following actions to reduce emissions from water use. TABLE 8:WATER CONSERVATION ACTIONS ID Measure GHG Reduction by 2030 (MTCO2e) Share of Reductions WC-1 Water Conservation 44 100% WC-2 Municipal Water Use Included in above - W ATER C ONSERVATION A CTIONS WC-1 Water Conservation. Reduce indoor and outdoor water use in residential and commercial buildings and landscaping. 1.Work with San Jose Water Company (SJWC), Valley Water,and other organizations to promote water conservation programs and incentives. What You Can Do #1 Replace your lawn with a drought-tolerant garden. #2 Install a drip irrigation system and check it regularly for leaks. #3 Install low water flow faucets, showerheads, and toilets. #4 Buy water-efficient dishwashers and clothes washers when it’s time to replace them. 449 City of Saratoga Climate Action Plan 31 2.Educate residents and businesses about local and State laws requiring retrofit of non-compliant plumbing fixtures during remodeling and at resale. 3.Ensure all projects requiring building permits, plan check, or design review comply with State and SJWC regulations. 4.Encourage the installation of greywater and rainwater collection systems and the use of recycled water where available. WC-2 Municipal Water Use.Reduce indoor and outdoor water use in municipal facilities and operations. 1.Replace high water use plants and inefficient irrigation systems with water-efficient landscaping. 2.Replace turf with water-efficient plantings as appropriate. 3.Replace inefficient plumbing fixtures with high-efficiency fixtures. 450 City of Saratoga Climate Action Plan 32 CARBON SEQUESTRATION The natural environment has been extensively altered by human civilization, often with little consideration for how natural systems function, depriving us of the important benefits they offer. Clearing and draining of wetlands, forestlands, grasslands,and other open space for agricultural production or urban development decreases or eliminates the capacity of those natural systems to store carbon. The carbon dioxide stored in soil, trees,and other vegetation is released into the atmosphere when forestland and open space is converted to other uses. Restoration of these natural areas, and establishment of new ones, has the potential to tie up or sequester greenhouse gas emissions in the form of soil and wood carbon. One way Saratoga can sequester emissions is by encouraging tree planting in the community. TABLE 9: CARBON SEQUESTRATION ACTIONS ID Measure GHG Reduction by 2030 (MTCO2e) Share of Reductions CS-1 City Forest 248 100% C ARBON S EQUESTRATION ACTIONS CS-1 City Forest. Increase carbon sequestration and improve air quality and natural cooling by increasing tree cover in Saratoga. 1.Plant additional trees on City-owned land, including public parks, open space, medians, and rights of way, where feasible. 2.Review and amend, as appropriate, parking lot landscape standards to maximize tree cover, shade, size, growth, and sequestration potential. 3.Regulate and minimize removal of large trees and require planting of replacement trees. 4.Require that the site planning, construction, and maintenance of new development preserve existing healthy trees and native vegetation on site to the maximum extent feasible. Replace trees and vegetation not able to be saved where applicable. 5.Encourage community members to plant trees on private land by providing reduced-cost trees to the public through a bulk purchasing program. 6.Provide information to the public, including landscape companies, gardeners, and nurseries, on carbon sequestration rates, drought tolerance, and fire resistance of different tree species. What You Can Do #1 Plant trees appropriate to your situation. #2 Add compost to your soil. #3 Purchase carbon offsets for airplane flights and other emissions that are difficult to mitigate. 451 City of Saratoga Climate Action Plan 33 ADAPTATION California is already experiencing the effects of climate change. Every year, it seems like the news gets grimmer: more wildfires, more heat waves, longer droughts, more intense storms, less snowpack, and less fresh water. Annual average air temperatures have already increased by about 1.8 °F in California, and that number will likely double even if the world can reduce emissions 80%by 2050. Saratoga needs to be prepared for the likely impacts of climate change, including flooding from more intense storms, health impacts from heat exposure and poor air quality, and safety risks from the increased likelihood of wildfires and landslides. Many of the recommended actions incorporated in this Climate Action Plan will help the community prepare for the effects of climate change. Reducing water use will ease competition for limited water supplies expected from higher temperatures and reduced snowmelt, while reducing electricity use will help ease demand for diminishing hydroelectric power. Other expected effects from climate change –such as higher frequency of large damaging fires and pest and insect epidemics –must be anticipated through adequate public safety, emergency, and public health responses. The City will take the following actions to adapt to climate change. A DAPTATION ACTIONS AD-1 Climate Change Adaptation.Prepare for and respond to the expected impacts of climate change. 1.Continue to incorporate the likelihood of increased risk of wildfire and extreme heat and storm events in the City's Local Hazard Mitigation Plan. 2.Incorporate the likelihood of climate change impacts into City emergency planning and training. 3.Provide cooling centers during extreme heat events and facilities to recharge batteries and connect to power during power outages such as Public Safety Power Shut off events. Provide public safety notifications to community members, especially vulnerable populations. 4.Consider climate change implications, including wildfire risk,when approving new projects and planning for growth, facilities, and infrastructure in areas potentially affected by climate change.Require mitigation measures, such as defensible space and fire-resistant landscaping and structural design, to reduce identified hazards, as feasible. 5.Coordinate with water districts, wildlife agencies, flood control and fire districts, Santa Clara County, and other relevant organizations to address climate change impacts and develop adaptation strategies. Address human health and the health and adaptability of natural systems, including the following: a. Water resources, including expanded rainwater harvesting, water storage and conservation techniques, water reuse, water‐use and irrigation efficiency, and reduction of impervious surfaces. b. Biological resources. c. Public health, including heat‐related health plans, vector control, air quality, safe water, and improved sanitation. d. Environmental hazard defenses, including flood control and fire prevention and suppression. 452 City of Saratoga Climate Action Plan 34 COMMUNITY ENGAGEMENT The Climate Action Plan contains actions that the City will undertake to reduce community emissions.While the City can compel some action by adopting ordinances and building regulations, much of the success of our plan will depend on informing community members and encouraging them to take action on their own. This section details the ways in which the City will seek public engagement and work with local businesses and community groups to achieve the emissions reductions identified for actions in other sections of the Plan. The City will take the following actions to engage the community to reduce emissions. TABLE 10: COMMUNITY ENGAGEMENT ACTIONS ID Measure CE-1 Community Education CE-2 Community Outreach CE-3 Advocacy CE-4 Green Businesses C OMMUNITY E NGAGEMENT A CTIONS CE-1 Community Education. Work with community-based outreach organizations to educate and motivate community members on ways to reduce greenhouse gas emissions in their homes, businesses, transportation modes, and other activities. CE-2 Community Outreach. Implement a community-wide public outreach and behavior change campaign to engage residents, businesses, and consumers around the impacts of climate change and the ways individuals and organizations can reduce their GHG emissions and create a more sustainable, resilient, and healthier community. 1.Conduct outreach to a wide variety of neighborhood, business, educational, faith, service, and social organizations. 2.Inform the public about the benefits of installing energy and water efficient appliances and fixtures, electrifying homes and commercial buildings, installing solar energy systems, and purchasing 100% carbon- free and renewable electricity. 3.Inform the public about the benefits of using carbon-free and low-carbon transportation modes, such as driving electric vehicles, walking, bicycling, taking public transportation, and ridesharing. 4.Inform the public about the environmental benefits of eating less meat and dairy products, growing food at home, and purchasing locally produced food. What You Can Do #1 Commit to reducing your carbon footprint by taking the actions identified in this Plan. #2 Get your business certified as a Green Business with the Santa Clara County Green Business Program. 453 City of Saratoga Climate Action Plan 35 5.Partner with SVCE, Valley Water, PG&E, San Jose Water Company, West Valley Collection &Recycling, Santa Clara Valley Transportation Authority, and other entities to promote available financing, audits, rebates, incentives, and services to the Saratoga community. 6.Utilize the City's website, newsletters, social media, bill inserts, public service announcements and advertisements, recognition programs, handouts, presentations, events, and other forms of public outreach. CE-3 Advocacy. Advocate at the state and federal levels for policies and actions that support the rapid transition to GHG-free energy sources, electrification of buildings and the transportation fleet, and other impactful measures to sharply reduce greenhouse gas emissions. CE-4 Green Businesses.Encourage local businesses to participate in the Santa Clara County Green Business Program. 454 City of Saratoga Climate Action Plan 36 IMPLEMENTATION AND MONITORING Plans are only effective if they’re implemented and results are carefully evaluated. The City will prepare an annual assessment of its progress implementing the actions contained in this Climate Action Plan and will continue to quantify community and greenhouse gas emissions to determine if it is on track to meet its reduction targets. The City will take the following actions to implement and monitor the Climate Action Plan. TABLE 11: IMPLEMENTATION AND MONITORING ACTIONS ID Measure IM-1 Annual Monitoring IM-2 Update GHG Emissions Inventories IM-3 Funding Sources IM-4 Update the Climate Action Plan IM-1 Annual Monitoring. Monitor and report on the City's progress annually. Create an annual priorities list for implementation. IM-2 Update GHG Emissions Inventory.Update the greenhouse gas emissions inventory for community emissions annually. IM-3 Funding Sources. 1.Identify funding sources for recommended actions and pursue local, regional, state, and federal grants as appropriate. 2.Investigate creation of a local carbon fund or other permanent source of revenue to implement the Climate Action Plan. IM-4 Update the Climate Action Plan. Update the Climate Action Plan regularly to incorporate new long-term reduction targets and strategies to meet those targets. 455 City of Saratoga Climate Action Plan 37 REFERENCES Association of Bay Area Governments and Metropolitan Transportation Commission. (April 2013.) 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General Plan Open Space and Conservation Element. Cool Climate Network.Consumption-Based Greenhouse Gas Inventories. Retrieved from https://coolclimate.org/inventory. Global Footprint Network. National Footprint and Biocapacity Accounts 2019 Public Data Package. Retrieved from https://www.footprintnetwork.org/ 456 City of Saratoga Climate Action Plan 38 Jones, Christopher and Daniel Kammen. (December 15, 2015). A Consumption-Based Greenhouse Gas Inventory of San Francisco Bay Area Neighborhoods, Cities and Counties: Prioritizing Climate Action for Different Locations. ICLEI-Local Governments for Sustainability USA. (July 2019). U.S. Community Protocol for Accounting and Reporting of Greenhouse Gas Emissions. Version 1.2. Intergovernmental Panel on Climate Change. (2014). Fifth Assessment Report. National Aeronautics and Space Administration. (January 15, 2020). “NASA, NOAA Analyses Reveal 2019 Second Warmest Year on Record.” Retrieved from https://www.giss.nasa.gov/research/news/20200115/. Office of the Press Secretary, the White House. “Obama Administration Finalizes Historic 54.5 MPG Fuel Efficiency Standards.” Office of the Press Secretary, The White House. August 28, 2012.http://www.whitehouse.gov/the-press- office/2012/08/28/obama-administration-finalizes-historic-545-mpg-fuel-efficiency-standard U.S. Census Bureau. https://data.census.gov/cedsci/ U.S Environmental Protection Agency. (2020). Inventory of U.S. Greenhouse Gas Emissions and Sinks.EPA 430-R- 20-002. U.S Environmental Protection Agency. (December 7, 2009.) Final Rule, EPA, Endangerment and Cause or Contribute Findings for Greenhouse Gases Under the Clean Air Act. 74 Fed. Reg. 66495. U.S Environmental Protection Agency. Final Rule: Prevention of Significant Deterioration and Title V Greenhouse Gas Tailoring Rule Fact Sheet. 457 City of Saratoga Climate Action Plan A-1 APPENDIX A:IMPLEMENTATION TABLE The work plan in Table A-1 contains information to support staff and community implementation of the measures to effectively integrate them into budgets, the capital improvement program, and other programs and projects. The headings included in Table A-1 are defined as follows: Code:The abbreviation that is used to refer to the strategy in the CAP. Strategy/Action: The strategy language used to guide actions and the specific actions that will be used to implement the strategy. Time Frame:The year by which a measure should be effective by year’s end. For a measure to be effective, the necessary programs and efforts should be active, and any infrastructure or other capital improvements should be in place. Once effective, many measures will continue through 2030, so they do not have end dates. Time frames for effectively setting up the measures are described as follows: Ongoing (continuation of an action that has been implemented since 2018) Near-Term (by 2023) Mid-Term (by 2025) Long-Term (by 2030) City Staff Time: The estimated cost to the City (in staff hours) to complete implementation of the measure, identified as follows: Low (less than 80 hours) Medium (80–500 hours) High (more than 500 hours) GHG Reductions (MTCO2e): Amount of GHG emissions reduced by 2030.If no amount is identified, either additional information is needed to quantify a reduction amount or the action is supportive of another action, as described in the CAP. Key Metrics: Targets and datapoints that the City will use to track progress and measure success. 458 City of Saratoga Climate Action Plan A-2 TABLE A-1: IMPLEMENTATI5ON TABLE CODE STRATEGY/ACTION TIME FRAME CITY STAFF TIME GHG REDUCTION (MTCO2e)KEY METRICS LOW CARBON TRANSPORTATION LCT-1 Zero Emission Vehicles.Develop a Zero Emission Vehicle Plan that will result in 25% of passenger vehicles in Saratoga to be zero emission vehicles (ZEVs), including plug-in electric vehicles (EVs) and hydrogen fuel cell electric vehicles, by 2030. Consider incorporating the following actions in the plan: 7,264 Rate of ZEV registrations in Saratoga and Santa Clara County. Target is 25%. 1.Work with SVCE to implement and update the Electric Vehicle Infrastructure Joint Action Plan. Mid-Term Medium 2.Adopt reach codes that require EV-ready infrastructure and charging station installation above State baseline building requirements for new and remodeled residential, multi-family, and commercial projects. Mid-Term Medium 3.Adopt permit streamlining practices to expedite the approval process for new EV infrastructure and charging station installation. Near-Term Low 4.Work with SVCE to identify multi-family sites and corridors appropriate for EV fast chargers. Near-Term Low 5.Work with SVCE to promote available rebates and technical support for multi-family and workplace sites. Near-Term Low 6.Provide free or low-cost charging for ZEVs at City parking lots. Near-Term Low 7.Provide wayfinding signage to public EV chargers.Mid-Term Medium 8.Require new and remodeled gas stations to provide EV fast chargers and hydrogen fueling stations. Near-Term Medium 459 City of Saratoga Climate Action Plan A-3 CODE STRATEGY/ACTION TIME FRAME CITY STAFF TIME GHG REDUCTION (MTCO2e)KEY METRICS 9.Participate in programs to promote EV adoption, including "Drive an EV" events and other media and outreach campaigns. Near-Term Low 10. Encourage or require, as practicable, ride hailing and delivery service companies to utilize zero emission vehicles. Mid-Term Medium 11. Promote use of electric bicycles, scooters, and motorcycles. Near-Term Low LCT-2 Bicycling. Encourage bicycling as an alternative to vehicular travel. Establish and maintain a system of bicycle facilities that are consistent with the City's General Plan and Bicycle and Pedestrian Master Plan. Long-Term High 328 Complete projects identified in the City’s General Plan and Bicycle and Pedestrian Master Plan. LCT-3 Walking. Encourage walking as an alternative to vehicular travel. Establish and maintain a system of pedestrian facilities that are consistent with the City's General Plan and Bicycle and Pedestrian Master Plan. Long-Term High 16 Complete projects identified in the City’s General Plan and Bicycle and Pedestrian Master Plan. LCT-4 Employee Trip Reduction.Reduce vehicle miles traveled commuting to work through the following actions: 36 Number and % of employers subject to requirement that are providing transportation demand programs to employees. Target is 100%. 1.Work with Santa Clara VTA and the Bay Area Air Quality Management District (BAAQMD) to promote transportation demand programs to local employers, such as rideshare matching programs, vanpool incentive programs, emergency ride home programs, telecommuting, transit use discounts and subsidies, showers and changing facilities, bicycle racks and lockers, and other incentives to use transportation other than single occupant vehicles. Near-Term Medium 2.Embark on an outreach and educational campaign to encourage employees to reduce vehicle trips. Near-Term Low LCT-5 Public Transit.Support and promote public transit by taking the following actions: 245 % of VTA buses serving Saratoga that use renewable diesel and 460 City of Saratoga Climate Action Plan A-4 CODE STRATEGY/ACTION TIME FRAME CITY STAFF TIME GHG REDUCTION (MTCO2e)KEY METRICS 1.Work with Santa Clara Valley Transportation Authority (VTA) to maximize ridership through expansion and/or improvement of transit routes, schedules, and stops. Mid-Term Medium are electric. Target is 50% use renewable diesel and 50% are electric. 2.Encourage VTA to use renewable diesel as a transition fuel and to purchase electric buses whenever replacing existing buses. Near-Term Low LCT-6 Safe Routes to School. Support Safe Routes to School and strive to increase bicycling, walking, carpooling, and taking public transit to school. 188 Projects implemented. Target is a 29% decrease in the number of children arriving to school by car. 1.Promote school and student participation by encouraging schools to implement and/or expand Safe Routes to School programs. Near-Term Low 2.Identify issues associated with unsafe bicycle and pedestrian facilities between neighborhoods and schools, apply for Safe Routes to School grants, and execute plans to improve pedestrian and bicycle facilities. Long-Term High LCT-C7 Traffic System Management and Vehicle Idling. -Projects implemented. 1.Implement signal synchronization to minimize wait times at traffic lights and to reduce congestion through increased traffic flow. Long-Term High 2.Utilize intelligent traffic management systems to improve traffic flow. Long-Term High 3.Encourage drivers and autonomous vehicles to limit vehicle idling, particularly at schools during drop off and pick up. Short-Term Low LCT-C8 Zero and Low Emission City Vehicles. 43 Decrease in amount of gasoline consumption. Target is 50% decrease. 1.Purchase or lease zero-emission vehicles for the City fleet whenever feasible, and when not, the most fuel- efficient models available. Long-Term Medium 461 City of Saratoga Climate Action Plan A-5 CODE STRATEGY/ACTION TIME FRAME CITY STAFF TIME GHG REDUCTION (MTCO2e)KEY METRICS 2.Promote City adoption and procurement of zero- emission vehicles and charging infrastructure to the public. Near-Term Low LCT-C9 Low Carbon Fuels. Use low-carbon fuel such as renewable diesel as a transition fuel in the City's fleet and encourage the City's service providers to do the same. Near-Term Medium 5 Amount of diesel that is replaced by renewable diesel. Target is 100% LCT-10 City Employee Commute. Provide City employees with incentives to use alternatives to single occupant auto commuting, such as free electric vehicle charging, transit subsidies, bicycle facilities, ridesharing services, flexible schedules, and telecommuting when practical. Near-Term Medium 2 Increase in number and percent of City employees who take alternative transportation to work. Target is at least 5.4%. RENEWABLE ENERGY RE-1 GHG-Free Electricity. Support Silicon Valley Clean Energy in the continued delivery of 100% greenhouse gas free electricity and its 100% renewable electricity option (which is also 100% GHG-free). Ongoing Low 3,651 SVCE continues to provide 100% GHG-free electricity RE-2 Renewable Energy Generation 1,528 1,452 KW DC distributed solar capacity added each year on average. 1.Provide solar permit streamlining and reduce or eliminate fees, as feasible. Near-Term Medium 2.Amend building codes, development codes, design guidelines, and zoning ordinances, as necessary, to facilitate small (up to 10 kW DC), medium (10 to 250 kW DC), and large-scale (over 250 kW DC) solar power installations. Near-Term Medium 3.Encourage installation of solar panels on rooftops and over parking areas on commercial projects, schools, and residential developments. Long-Term Medium 4.Identify and promote incentives and financing and loan programs for residential and non-residential solar projects. Near-Term Low 462 City of Saratoga Climate Action Plan A-6 CODE STRATEGY/ACTION TIME FRAME CITY STAFF TIME GHG REDUCTION (MTCO2e)KEY METRICS 5.Encourage installation of battery storage in conjunction with renewable energy generation projects. Near-Term Low RE-3 Building and Appliance Electrification. Promote electrification of building systems and appliances that currently use natural gas, including heating systems, hot water heaters, stoves, and clothes dryers. See also Action EE-1 in the Energy Efficiency section. Near-Term Low -Actions implemented. RE-4 Innovative Technologies. Investigate and pursue or adopt policies to allow the commercial and residential sectors to pursue innovative technologies such as microgrids (a group of interconnected loads and distributed energy resources that can disconnect from the grid and operate independently in “island mode”), battery storage, and demand-response programs that will improve the electric grid’s resiliency and help to balance demand and renewable energy production. Near-Term Medium -Actions implemented. RE-5 Municipal 100% Renewable Electricity. Continue to purchase Silicon Valley Clean Energy 100% GHG-free and renewable energy for all facilities. Ongoing Low 17 City continues to purchase 100% renewable energy each year. ENERGY EFFICIENCY EE-1 Green Building Reach Code. Implement the City's green building ordinance that requires all new residential and non-residential buildings to use electric heat pump technology for their space and water heating and requires natural gas appliances, if installed, to be electric-ready. Ongoing Low 2,350 Number of new buildings subject to ordinance each year. EE-2 Energy Efficiency Programs. Promote and expand participation in residential and commercial energy efficiency and electrification programs. 3,411 Monitor PG&E reports. Target is for community-wide electricity and natural gas consumption declines an average of 0.5% each year. 1.Work with organizations and agencies such as Silicon Valley Clean Energy and PG&E to implement energy efficiency and electrification programs and actions. Near-Term Medium 463 City of Saratoga Climate Action Plan A-7 CODE STRATEGY/ACTION TIME FRAME CITY STAFF TIME GHG REDUCTION (MTCO2e)KEY METRICS 2.Identify and promote utility, state, and federal rebate, incentive, financing, and loan programs. Near-Term Low EE-3 Public Lighting. Replace energy-inefficient street, parking lot, and other municipal outdoor lights with LED lights. Long-Term High 8 Convert all streetlights to LED. EE-4 Municipal Energy Efficiency Audits and Retrofits. Identify and implement energy efficiency projects in municipal buildings and facilities and electrification of existing building systems and equipment that use natural gas. Long-Term High 16 Implement projects. Target is to reduce energy use 20%. WASTE REDUCTION WR-1 Commercial Organic Waste. Work with the City's waste hauler and other organizations to divert commercial organic waste from the landfill through waste reduction, recycling, composting, and participation in food recovery programs. 1.Require the City’s waste hauler to conduct outreach and education to businesses subject to State organic waste recycling mandates (AB 1826 and SB 1383) and ensure compliance with the law. 2.Require the City’s waste hauler to educate commercial and multi-family property owners on the proper use of on-site recycling and composting facilities. Outreach and education activities may include, but are not limited to, site visits, waste audits, “how-to” demonstrations and presentations, marketing campaigns, and provision of receptacles and signage. 3.Require development projects to provide adequate waste and recycling facilities and access as feasible. Near-Term Medium - Monitor CalRecycle reports for tons of waste landfilled and composition of alternative daily, and statewide characterization of waste reports. Target is for organic waste disposal to decline 75% from 2014 level. WR-2 Residential Organic Waste.Work with the City's waste hauler to expand acceptable items for food waste collection and to educate and motivate residents to utilize curbside collection services and home composting for food waste. Outreach and education activities may include, but are not limited to, waste audits, “how-to” demonstrations Near-Term Medium - 464 City of Saratoga Climate Action Plan A-8 CODE STRATEGY/ACTION TIME FRAME CITY STAFF TIME GHG REDUCTION (MTCO2e)KEY METRICS and presentations, marketing campaigns, and provision of receptacles and signage. WR-3 Construction & Demolition Debris. Require all loads of construction and demolition debris to be processed for recovery of materials as required by law and to the maximum amount feasible. Ongoing Low - WR-4 Waste Diversion Targets. Review and revise the City's franchise agreement with the City's waste hauler to ensure waste reduction and diversion targets are met. Require regular residential and commercial waste audits and waste characterization studies to identify opportunities for increased diversion and to track progress in meeting targets. Near-Term Medium - WR-5 Extended Producer Responsibility.Encourage the State to regulate the production and packaging of consumer goods and take-back programs. Encourage on-demand delivery services to reduce packaging waste and investigate requirements and incentives for same. Near-Term Low -Actions implemented. WR-6 Waste Reduction. Utilize the City and waste hauler’s websites, how-to guides, newsletters, handouts, presentations, events, and other forms of public outreach to promote reuse, repair, and recycling of products and encourage reduced use of packaging and single use items. Near-Term Medium -Actions implemented. WR-7 Waste from Public Facilities. Increase opportunities for recycling, reuse, and composting at City facilities. 1.Embark on an educational and social marketing-based campaign to increase recycling, composting, reuse, and waste reduction within municipal operations. 2.Conduct periodic waste audits of City facilities to understand where opportunities for increased diversion lie and to track progress. Near-Term Medium -Organic waste disposal declines 75% from 2014 level. WATER CONSERVATION WC-1 Water Conservation. 44 465 City of Saratoga Climate Action Plan A-9 CODE STRATEGY/ACTION TIME FRAME CITY STAFF TIME GHG REDUCTION (MTCO2e)KEY METRICS 1.Work with San Jose Water Company (SJWC), Valley Water, and other organizations to promote water conservation programs and incentives. Near-Term Low Monitor community-wide water consumption (gpcd) as reported by San Jose Water Company. Target is for water consumption to decline an average of 1% each year. 2.Educate residents and businesses about local and State laws requiring retrofit of non-compliant plumbing fixtures during remodeling and at resale. Near-Term Medium 3.Ensure all projects requiring building permits, plan check, or design review comply with State and SJWC regulations. Near-Term Medium 4.Encourage the installation of greywater and rainwater collection systems and the use of recycled water where available. Near-Term Medium WC-2 Municipal Water Use. Reduce indoor and outdoor water use in municipal facilities and operations. Included in above Monitor City’s water consumption. Target is for water consumption to decline an average of 1% each year. 1.Replace high water use plants and inefficient irrigation systems with water-efficient landscaping. Long-Term 2.Replace turf with water-efficient plantings as appropriate. Long-Term 3.Replace inefficient plumbing fixtures with high- efficiency fixtures. Long-Term Medium CARBON SEQUESTRATION CS-1 City Forest.248 Target is for 700 new trees to be planted each year.1.Plant additional trees on City-owned land, including public parks, open space, medians, and rights of way, where feasible. Long-Term High 466 City of Saratoga Climate Action Plan A-10 CODE STRATEGY/ACTION TIME FRAME CITY STAFF TIME GHG REDUCTION (MTCO2e)KEY METRICS 2.Review and amend, as appropriate, parking lot landscape standards to maximize tree cover, shade, size, growth, and sequestration potential. Near-Term Medium 3.Regulate and minimize removal of large trees and require planting of replacement trees. Ongoing Medium 4.Require that the site planning, construction, and maintenance of new development preserve existing healthy trees and native vegetation on site to the maximum extent feasible. Replace trees and vegetation not able to be saved where applicable. Ongoing Medium 5.Encourage community members to plant trees on private land by providing reduced-cost trees to the public through a bulk purchasing program. Long-Term High 6.Provide information to the public, including landscape companies, gardeners, and nurseries, on carbon sequestration rates, drought tolerance, and fire resistance of different tree species. Mid-Term Medium ADAPTATION AD-1 Climate Change Adaptation.-Actions implemented. 1.Continue to incorporate the likelihood of increased risk of wildfire and extreme heat and storm events in the City's Local Hazard Mitigation Plan. Mid-Term Medium 2.Incorporate the likelihood of climate change impacts into City emergency planning and training. Mid-Term Medium 3.Provide cooling centers during extreme heat events and facilities to recharge batteries and connect to power during power outages such as Public Safety Power Shut off events. Provide public safety Near-Term Medium 467 City of Saratoga Climate Action Plan A-11 CODE STRATEGY/ACTION TIME FRAME CITY STAFF TIME GHG REDUCTION (MTCO2e)KEY METRICS notifications to community members, especially vulnerable populations. 4.Consider climate change implications when approving new projects and planning for growth, facilities, and infrastructure in areas potentially affected by climate change. Long-Term High 5.Coordinate with water districts, wildlife agencies, flood control and fire districts, Santa Clara County, and other relevant organizations to address climate change impacts and develop adaptation strategies. Address human health and the health and adaptability of natural systems, including the following: a. Water resources, including expanded rainwater harvesting, water storage and conservation techniques, water reuse, water‐use and irrigation efficiency, and reduction of impervious surfaces. b. Biological resources. c. Public health, including heat‐related health plans, vector control, air quality, safe water, and improved sanitation. d. Environmental hazard defenses, including flood control and fire prevention and suppression. Long-Term High COMMUNITY ENGAGEMENT CE-1 Community Education. Work with community-based outreach organizations to educate and motivate community members on ways to reduce greenhouse gas emissions in their homes, businesses, transportation modes, and other activities. Near-Term Medium -Actions implemented. CE-2 Community Outreach. Implement a community-wide public outreach and behavior change campaign to engage residents, businesses, and consumers around the impacts of climate change and the ways individuals and Long-Term High -Actions implemented. 468 City of Saratoga Climate Action Plan A-12 CODE STRATEGY/ACTION TIME FRAME CITY STAFF TIME GHG REDUCTION (MTCO2e)KEY METRICS organizations can reduce their GHG emissions and create a more sustainable, resilient, and healthier community. 1.Conduct outreach to a wide variety of neighborhood, business, educational, faith, service, and social organizations. 2.Inform the public about the benefits of installing energy and water efficient appliances and fixtures, electrifying homes and commercial buildings, installing solar energy systems, and purchasing 100% carbon- free and renewable electricity. 3.Inform the public about the benefits of using carbon- free and low-carbon transportation modes, such as driving electric vehicles, walking, bicycling, taking public transportation, and ridesharing. 4.Inform the public about the environmental benefits of eating less meat and dairy products, growing food at home, and purchasing locally produced food. 5.Partner with SVCE, Valley Water, PG&E, San Jose Water Company, West Valley Collection & Recycling, Santa Clara Valley Transportation Authority, and other entities to promote available financing, audits, rebates, incentives, and services to the Saratoga community. 6.Utilize the City's website, newsletters, social media, bill inserts, public service announcements and advertisements, recognition programs, handouts, presentations, events, and other forms of public outreach. CE-3 Advocacy. Advocate at the state and federal levels for policies and actions that support the rapid transition to GHG-free energy sources, electrification of buildings and the transportation fleet, and other impactful measures to sharply reduce greenhouse gas emissions. Long-Term Medium -Actions implemented. 469 City of Saratoga Climate Action Plan A-13 CODE STRATEGY/ACTION TIME FRAME CITY STAFF TIME GHG REDUCTION (MTCO2e)KEY METRICS CE-4 Green Businesses. Encourage local businesses to participate in the Santa Clara County Green Business Program. Ongoing Low -Number of green businesses enrolled each year. IMPLEMENTATION AND MONITORING IM-1 Annual Monitoring. Monitor and report on the City's progress annually. Create an annual priorities list for implementation. Near-Term Medium -Actions implemented. IM-2 Update GHG Emissions Inventory. Update the greenhouse gas emissions inventory for community emissions annually. Near-Term Medium -Action implemented. Target is for emissions to continue to decline an average of 2,380 MTCO2e each year. IM-3 Funding Sources.-Adequate funding for CAP actions. Number and amount of grants received annually. 1.Identify funding sources for recommended actions and pursue local, regional, state, and federal grants as appropriate. Long-Term High 2.Investigate creation of a local carbon fund or other permanent source of revenue to implement the Climate Action Plan. Mid-Term Medium IM-4 Update the Climate Action Plan.Update the Climate Action Plan regularly to incorporate new long-term reduction targets and strategies to meet those targets. Long High -Action implemented. 470 City of Saratoga Climate Action Plan B-1 APPENDIX B:GHGREDUCTION CALCULATIONS GHG Emissions Reductions (MTCO2e/yr) by 2030 LCT-1 Zero Emission Vehicles -7,264 LCT-2 Bicycling -328 LCT-3 Walking -16 LCT-4 Employee Trip Reduction -36 LCT-5 Public Transit -245 LCT-6 Safe Routes to School -188 LCT-8 Zero and Low Emission City Vehicles -43 LCT-9 Low Carbon Fuels -5 LCT-10 City Employee Commute -2 RE-1 GHG-Free Electricity -3,651 RE-2 Renewable Energy -1,528 RE-5 Municipal 100% Renewable Electricity -17 EE-1 Green Building Reach Code -2,350 EE-2 Energy Efficiency -3,411 EE-3 Public Lighting -8 EE-4 Municipal Energy Efficiency Audit and Retrofits -16 WC-1 Water Conservation -44 CS-1 City Forest -248 -19,401 -13,639 RPS -1,529 TITLE 24 -340 -73 -3,853 -19,433 EMISSIONS REDUCTION SUMMARY Saratoga Climate Action Plan 2030 Organic Waste Reduction Measure Local Actions State Actions Light and Heavy-Duty Fleet Regulations TOTAL - STATE ACTIONS TOTAL - LOCAL ACTIONS Lighting Efficiency (AB 1109) 471 City of Saratoga Climate Action Plan B-2 127,885 -38,834 89,051 152,909 91,745 -42% 2.7 2.1 GHG Target to Meet State Goals (40% below 1990 levels) % Below 1990 Levels Emissions per Service Population Projected Emissions Projected BAU Community-Wide GHG Emissions Community-Wide Emissions with Local and State Actions Implemented Emissions Reductions from Local and State Actions Estimate GHG Emissions in 1990 (15% below 2008 levels) Emissions per Capita 472 City of Saratoga Climate Action Plan B-3 Jurisdiction 2015 2017 2020 2030 2040 2017-2030 Population 31,202 31,364 31,622 32,792 33,922 1,428 Person Per Household 2.87 2.88 2.88 2.81 2.88 Households 10,799 10,834 10,980 11,670 11,778 836 Jobs 8,750 8,720 8,675 10,413 12,150 1,693 Additional Commercial Sq. Ft.629,618 1,259,236 629,618 Service Population (population + jobs)39,952 40,084 40,297 43,205 46,072 3,121 2015-2017 household, population, and persons per household data from Cal. Department of Finance E-5 Report (2019) VMT Forecasts Passenger Commercial Bus Total 2017 156,589,136 2,179,762 138,149 158,907,047 2020 159,654,813 2,125,032 138,149 161,917,994 2030 163,190,068 2,338,366 138,149 165,666,583 2040 163,242,792 2,598,713 138,149 165,979,654 Passenger vehicle data from http://capvmt.us-west-2.elasticbeanstalk.com/data PeMS derived from Caltrans PeMS 17.1 http://pems.dot.ca.gov Commercial VMT data from MTC utilizing 2017 Regional Transportation Plan forecasts LEHD share from https://onthemap.ces.census.gov/ Projected Emission Factors PG&E electricity 0.0000964 MTCO2e/kWh 0.0000922 MTCO2e/kWh SVCE electricity1 0.0000000 MTCO2e/kWh 0.0000000 MTCO2e/kWh DA electricity 0.0001962 MTCO2e/kWh 0.0001294 MTCO2e/kWh Electricity, weighted average2 0.0000639 MTCO2e/kWh 0.0000556 MTCO2e/kWh Residential electricity, weighted average3 0.0000536 MTCO2e/kWh 0.0000513 MTCO2e/kWh Commercial electricity, weighted average4 0.0000395 MTCO2e/kWh 0.0000378 MTCO2e/kWh Natural Gas 0.0053187 MTCO2e/therm 0.0053187 MTCO2e/therm Gasoline/off-road 0.0088523 MTCO2/gallon 0.0088523 MTCO2/gallon Diesel/off-road 0.0102951 MTCO2/gallon 0.0102951 MTCO2/gallon 0.0003288 MTCO2e/mile 0.0002620 MTCO2e/mile Passenger vehicle coefficient 0.0003148 MTCO2e/mile 0.0002494 MTCO2e/mile Passenger vehicle coefficient w/o EVs 0.0002609 MTCO2e/mile Commercial vehicle coefficient 0.0012533 MTCO2e/mile 0.0010247 MTCO2e/mile Bus coefficient 0.0022605 MTCO2e/mile 0.0022605 MTCO2e/mile PG&E 47.17% SVCE 43.44% Other Direct Access 9.38% PG&E 55.61% SVCE 44.39% PG&E 40.99% SVCE 59.01% Other Direct Access 0.00% Transportation coefficient Population data provided by M-Group FORECAST 2030 and 2040 household data derived from M-Group population projections and ABAG Person Per Household projections from ABAG-MTC's Plan Bay Area Projections 2040 (November 2018): http://mtcmedia.s3.amazonaws.com/files/Projections_2040-ABAG- MTC-web.pdf. 2017 data is interpolated from 2015 and 2020 values. 2020 2030 Bus VMT within Saratoga City limits, calculated from Santa Clara Valley Transportation Authority schedules and route maps for routes 26, 37, 53, 57 and 58. 2018 data used as a proxy for all other years. 2015 and 2020 jobs data from ABAG's Plan Bay Area Projections 2040 (November 2018). 2030 and 2040 projections data provided by M-Group. 4 Commercial weighted average is based on 2017 load distribution without DA as follows: 2Weighted average is based on 2017 electricity load distribution as follows: 3 Residential weighted average is based on 2017 load distribution as follows: 473 City of Saratoga Climate Action Plan B-4 Action Target Reductions (MTCO2e) -7,263.6 2030 Methodology ZERO EMISSION VEHICLES LCT-1 Develop a Zero Emission Vehicle Plan that will result in 25% of passenger vehicles in Saratoga to be zero emission vehicles (ZEVs), including plug-in electric vehicles (EVs) and hydrogen fuel cell electric vehicles, by 2030. Consider incorporating the following actions in the plan: 25% of VMT from Saratoga residents and workers is driven by ZEVs by 2030. 6. Provide free or low-cost charging for ZEVs at City parking lots. 7. Provide wayfinding signage to public EV chargers. 8. Require new and remodeled gas stations to provide EV fast chargers and hydrogen fueling stations. 9. Participate in programs to promote EV adoption, including "Drive an EV" events and other media and outreach campaigns. 10. Encourage or require, as practicable, ride hailing and delivery service companies to utilize zero emission vehicles. 11. Promote adoption of electric bicycles, scooters and motorcycles. 1. Work with SVCE to implement and update the Electric Vehicle Infrastructure Joint Action Plan. 2. Adopt reach codes that require EV-ready infrastructure and charging station installation above State baseline building requirements for new and remodeled residential, multi-family and commercial projects. 3. Adopt permit streamlining practices to expedite the approval process for new EV infrastructure and charging station installation. 4. Work with SVCE to identify multi-family sites and corridors appropriate for EV fast chargers. 5. Work with SVCE to promote available rebates and technical support for multi- family and workplace sites. Santa Clara County has approximately 13% of all ZEVs in California (DMV, 1-1-19), or 61,344 ZEVs in Santa Clara County out of a total 478,542 ZEVs in California. ZEVs include battery electric cars (BEVs), plug-in hybrid vehicles (PHEVs) and fuel cell vehicles. CARB's proposed strategy is to put 4.2 million ZEVs on the road by 2030, which is approximately 14% of light duty vehicles in California in 2030. In January 2018, Governor Jerry Brown issued Executive Order B-48-18 set a new goal of having a total of 5 million ZEVs in California in 2030. In January 2019, DMV reports there were 37,789 battery EVs, 22,748 plug-in hybrid EVs, and 807 fuel cell vehicles, for a total of 61,344 ZEVs in Santa Clara County. We conservatively assume the same percentage of EVs in Saratoga in 2030: 62% battery EVs and 38% plug-in hybrids. There were 1,417,534 registered automobiles in Santa Clara County in 2019. ZEVS represent an estimated 4.3% of registered automobiles in Santa Clara County in 2019. 474 City of Saratoga Climate Action Plan B-5 Sources Assuming the same share of ZEV ownership in Santa Clara County in 2030 as in 2019 (12.82%) means there would be approximately 538,440 ZEVs registered in Santa Clara County by 2030, or approximately 38% of existing automobile registrations. We conservatively assume 25% of the projected number of registered automobiles will be ZEVs in Santa Clara County by 2030. This would require an average annual growth rate of 18%. Electric vehicle sales in California grew by 20% in 2016, followed by 29% growth in 2017 (ICCT, 2018). The number of ZEVs grew 35% in Santa Clara County between 2018 and 2019. This data suggests that an annual growth rate of 18% is reasonable, especially as the number of models expands and battery technology and charging capacity improves. In January 2019, DMV reports there were 1,797 BEVs, 773 PHEVs, and 59 fuel cell vehicles registered to Saratoga residents (zip codes 95070 and 95071), for a total of 2,629 ZEVs. This represents 0.59% of all ZEVS in California in 2019. 74% of the distance PHEVs drive is electric (Smart et al, 2014). EV kWh/mile is 0.32 (US Dept of Energy). Silicon Valley Clean Energy is projecting a seven-fold increase in EVs registered in its territory between the end of 2018 (approximately 26,000 EVs) and 2025 (190,000 EVs) under a business-as-usual scenario. We are conservatively projecting a six- fold increase in the number of EVs between 2018 and 2030. According to the Department of Energy, towns (population 2,500 to 50,000) need 54 public EV plugs per 1,000 PEVs. The City has installed 10 EV charging stations at City Hall, downtown and the library (10 Level II ports and 10 Level I ports) and is installing two Level II EV chargers (four ports total) at the Senior Center. California Air Resources Board, 2017 Scoping Plan. Smart, J., Bradley, T., and Salisbury, S., "Actual Versus Estimated Utility Factor of a Large Set of Privately Owned Chevrolet Volts," SAE Int. J. Alt. Power. 3(1):2014, doi:10.4271/2014-01-1803. U.S, Department of Energy, Alternative Fuels Data Center, https://www.afdc.energy.gov/vehicles/electric_emissions_sources.html. Sales weighted average of 2016 model year vehicles with sales in 2015: 2015 sales from "U.S. Plug-in Electric Vehicle Sales by Model" (https://www.afdc.energy.gov/data/vehicles.html); MPGs from 2016 Fuel Economy Guide (https://www.fueleconomy.gov/feg/) The International Council on Clean Transportation, "California's continued electric vehicle market development," May 2018, https://www.theicct.org/sites/default/files/publications/CA-cityEV-Briefing- 20180507.pdf. 475 City of Saratoga Climate Action Plan B-6 45,373 1,477,289 25% 369,322 323,949 21.9% Saratoga passenger VMT (Live In/Work In Area only)112,553,206 miles 24,681,378 miles 22,692,059 miles Emissions without EV program 8,460 MTCO2e 7,778 MTCO2e 7,261,459 kWh 515 MTCO2e 7,264 MTCO2e Electricity used by ZEVs Electricity emissions from ZEVs Emissions reduction Additional ZEVs as a percent of Santa Clara vehicles VMT from additional ZEVs VMT driven with electricity Percent of ZEVs in Santa Clara County in 2030 Projected number of ZEVs in Santa Clara County in 2030 Increase in ZEVs Tailpipe emissions reduction with EV program Projected number of registered passenger vehicles in Santa Clara County in 2030 Calculation US Department of Energy, "National Plug-In Electric Vehicle Infrastructure Analysis," September 2017. https://www.nrel.gov/docs/fy17osti/69031.pdf Bay Area Air Quality Management District, Vehicle Miles Dataportal, http://capvmt.us-west-2.elasticbeanstalk.com/, accessed 11/13/19. California Department of Motor Vehicles, Estimated Vehicles Registered by County for the Period January 1 through December 31, 2019," "Fuel Type by County as of 1/1/2019," and "Fuel Type by Zip Code as of 1/1/2019." 2030 Number of registered Santa Clara ZEVs in January 2018 Silicon Valley Clean Energy, "Electric Vehicle Infrastructure Joint Action Plan," September 2019. 476 City of Saratoga Climate Action Plan B-7 Action Target GP Related Policies Reductions (MTCO2e) -328.5 Methodology and Assumptions Sources Bay Area Air Quality Management District Vehicle Miles Traveled Dataportal, http://capvmt.us-west-2.elasticbeanstalk.com/data. BICYCLING LCT - 2 Encourage bicycling as an alternative to vehicular travel. Establish and maintain a system of bicycle facilities that are consistent with the City's General Plan, Bicycle and Master Pedestrian Plan, and Complete Streets policies. 2030 Studies cited by CAPCOA show each additional mile of bike lanes per square mile increases the share of workers commuting by bicycle by 1% (CAPCOA SDT- 5). We have applied this to the following population segments: • Live in/work in area • Live in/work out of area • Live in area/non-worker • Live out of area/work in area 7.06 miles of Class I bike paths and 3.82 miles of Class II bike lanes constructed by 2030. Policy CI 5.1: Develop and maintain a Bicycle and Pedestrian Master Plan, which will outline policies and improvements to streets, trails and pathways to create a safe way for people of all ages to bike and walk on a daily basis. Policy CI 5.2: Integrate the City’s bikeway and walkway system with those of adjacent communities, where economically feasible. Policy CI 5.3: Pursue the expansion and continuation of the multi-use path along the Union Pacific Railroad alignment (Joe’s trail) east of Saratoga Avenue and west of Saratoga-Sunnyvale Road that will link the Stevens Creek Recreational Trail in Cupertino with the Los Gatos Creek Trail in Los Gatos. Policy CI 5.4: Pursue other potential rights-of-way such as Santa Clara Valley Water District and utility easements for bicycle, pedestrian, and/or equestrian trail development. Policy CI 5.5: Promote safer and more direct connections between pedestrian and bicycle generators (i.e. schools, library, trails, parks, the Village, and other non-residential uses). California Air Pollution Control Officers Association, "Quantifying Greenhouse Gas Mitigation Measures: A Resource for Local Government to Assess Emission Reductions from Greenhouse Gas Mitigation Measures," August, 2010. Personal communication with Franziska Church, Senior Associate, Fehr and Peers, April 15, 2020. 477 City of Saratoga Climate Action Plan B-8 112,553,206 miles 7.06 miles 3.82 miles 10.88 miles 0.85 958,199 miles 328.5 MTCO2eEmissions reductions Miles of new Class I bike lanes New bike lanes per square mile Calculation Miles of new Class II bike lanes Total miles new bike lanes VMT generated by targeted population segments Reduction in local VMT 2030 478 City of Saratoga Climate Action Plan B-9 Action Target Related GP Policies Reductions (MTCO2e) -16 2030 Methodology and Assumptions Sources 4,782,902 miles 1.0% 47,829 miles GHG emissions reductions 16 MTCO2e WALKING LCT-3 1% reduction in VMT for vehicle trips that start and end in Saratoga by 2030. Policy CI 5.1: Develop and maintain a Bicycle and Pedestrian Master Plan, which will outline policies and improvements to streets, trails and pathways to create a safe way for people of all ages to bike and walk on a daily basis. Policy CI 5.2: Integrate the City’s bikeway and walkway system with those of adjacent communities, where economically feasible. Policy CI 5.3: Pursue the expansion and continuation of the multi-use path along the Union Pacific Railroad alignment (Joe’s trail) east of Saratoga Avenue and west of Saratoga-Sunnyvale Road that will link the Stevens Creek Recreational Trail in Cupertino with the Los Gatos Creek Trail in Los Gatos. Policy CI 5.4: Pursue other potential rights-of-way such as Santa Clara Valley Water District and utility easements for bicycle, pedestrian, and/or equestrian trail development. Policy CI 5.5: Promote safer and more direct connections between pedestrian and bicycle generators (i.e. schools, library, trails, parks, the Village, and other non-residential uses). Passenger vehicle trips starting and ending in Saratoga % decrease in VMT due to pedestrian improvements Annual decrease in VMT Encourage walking as an alternative to vehicular travel. Establish and maintain a system of pedestrian facilities that are consistent with the City's General Plan, Bicycle and Pedestrian Master Plan, and Complete Streets policies. Studies cited by CAPCOA show pedestrian network improvements can reduce VMT 1-2% (CAPCOA SDT-1). We apply this to passenger vehicle trips that start and end in Saratoga and assume a 1% reduction 2030. California Air Pollution Control Officers Association, "Quantifying Greenhouse Gas Mitigation Measures: A Resource for Local Government to Assess Emission Reductions from Greenhouse Gas Mitigation Measures," August, 2010. Bay Area Air Quality Management District Vehicle Miles Traveled Data Portal, http://capvmt.us-west-2.elasticbeanstalk.com/data Calculation 2030 479 City of Saratoga Climate Action Plan B-10 Program Description Target GP Related Policies Reductions (MTCO2e) -36.4 2030 Sources Personal communication with Corey Dodge, Program Coordinator, Bay Area Metro, April 2, 2020. EMPLOYEE TRIP REDUCTION LCT-4 SB 1339 requires employers with 50 or more employees within the Bay Area Air Quality Management District’s geographic boundaries to offer their employees specific alternative commute incentives, including the option to pay for their transit or vanpooling with pre-tax dollars, a subsidy to reduce or cover the employee’s transit or vanpool costs, or free or low-cost bus, shuttle or vanpool service operated by or for the employer. California Air Pollution Control Officers Association, "Quantifying Greenhouse Gas Mitigation Measures: A Resource for Local Government to Assess Emission Reductions from Greenhouse Gas Mitigation Measures," August, 2010. Reduce vehicle miles traveled commuting to work through the following actions: 1. Work with Santa Clara VTA and the Bay Area Air Quality Management District (BAAQMD) to promote transportation demand programs to local employers, such as rideshare matching programs, vanpool incentive programs, emergency ride home programs, telecommuting, transit use discounts and subsidies, showers and changing facilities, bicycle racks and lockers, and other incentives to use transportation other than single occupant vehicles. 2. Embark on an outreach and educational campaign to encourage employees to reduce vehicle trips. Methodology CAPCOA Measure TRT-1. Assuming a suburban center and 100% of employees are eligible for incentives, VMT reduction is 5.4%. Measure assumes the employer support program will include carpooling, ride- matching, preferential carpool parking, flexible work schedules for carpools, vanpool assistance, bicycle parking, showers, and locker 100% of covered employers provide an employee trip reduction program. MTC identifies 35 businesses with 50 or more employees in Saratoga. 13 of these businesses were unregistered as of April 2020. There were 592 estimated employees associated with 8 of the 13 non-registered employers. We conservatively assume the other 5 employees have the minimum of 50 employees. We assume all of these employers participate in the program by 2030. We assume 240 work days per year. Policy CI 5.7: Develop a set of practical and realistic transportation demand management (TDM) measures that can be used by employers in the City to reduce the number of single-occupant vehicle trips. These measures would encourage ride-sharing and transit alternatives. 480 City of Saratoga Climate Action Plan B-11 Action Target Related GP Policies Reductions (MTCO2e) -244.9 2030 Methodology Sources 138,149 miles 312 MTCO2e 50% 50% 67 MTCO2e 245 MTCO2e CARB adopted the Innovative Clean Transit (ICT) Rule in December 2018. This rule outlines a transition of California transit agencies to a zero emission fleet by 2040. 100% of transit agencies' bus purchases must be zero emission beginning in 2029. VTA's Vehicle Replacement Plan identifies purchases that will achieve the ICT zero emission fleet mandate in 2040. We assume 50% of VTA's vehicle fleet will be electric by 2030. Transit miles, BAU Emissions BAU Calculation 2030 Percentage of renewable Diesel VMT Percentage of electric bus VMT Tailpipe emissions GHG emissions reductions PUBLIC TRANSIT LCT-5 Support and promote public transit by taking the following actions: 1. Work with Santa Clara Valley Transportation Authority (VTA) to maximize ridership through expansion and/or improvement of transit routes, schedule, and stops. 2. Encourage VTA to use renewable diesel as a transition fuel and to purchase electric buses whenever replacing existing buses serving Saratoga. VTA lines 26, 37, 53, 57 and 58 travel approximately 138,149 miles each year within Saratoga's jurisdictional boundary. Policy CI 4.1: Coordinate with the Valley Transportation Authority (VTA) to improve transit infrastructure, transit stop amenities, service range and frequency and access in the City. Policy CI 4.2: Install transit improvements (such as shelters, benches, and schedules) to improve service, increase safety, and maintain traffic flow on streets serving as transit routes. 50% of buses serving Saratoga are electric and the remaining buses use renewable diesel by 2030. 481 City of Saratoga Climate Action Plan B-12 Action Target Related GP Policies Reductions (MTCO2e) -188.3 2030 Methodology and Assumptions Sources Transportation Authority of Marin Average one way school trip lengths in Marin County are 1.7 miles for elementary and middle schools and 2.3 miles for high schools. We assume similar transportation mode rates and trip lengths for Saratoga schools. Policy CI 4.3: Encourage public school districts, private schools, recreation groups and other operators to develop a local bus system and to expand ride- sharing activities that will help to reduce school-generated vehicle traffic in neighborhoods and on City streets. Bussing should be one of the first measures considered, along with walking and biking, to reduce school generated traffic before substantial roadway capacity enhancements are implemented. Policy CI 5.6: Improve pedestrian and bicycle access to all public and private schools to enhance safety. Policy CI.8.1: Promote Safe Routes to Schools programs for all public and private schools serving the City. Policy CI.8.2: Prioritize bicycle and pedestrian safety improvements in street modification projects that affect school travel routes to enhance safe school access. Policy CI.8.3: Support education programs that promote safe walking and bicycling to schools. greatschools.org To demonstrate the benefits of providing Safe Routes to Schools, the Marin County Bicycle Coalition recruited nine pilot schools in four different geographic locations. Initial surveys reported that 62% of the students were arriving by car, with only 14% walking, 7% biking to school, 11% carpool, and 6% arriving by bus. Every school in the pilot program held periodic Walk and Bike to School Days and participated in the Frequent Rider Miles contest, which rewarded children who came to school walking, biking, by carpool or bus. At the end of the pilot program, the participating schools experienced a 57% increase in the number of children walking and biking and a 29% decrease in the number of children arriving alone in a car. SAFE ROUTES TO SCHOOL LCT-6 Support Safe Routes to School and strive to increase bicycling, walking, carpooling, and taking public transit to school. 1. Promote school and student participation by encouraging schools to implement and/or expand Safe Routes to school programs. 2. Identify issues associated with unsafe bicycle and pedestrian facilities between neighborhoods and schools, apply for Safe Routes to School grants, and execute plans to improve pedestrian and bicycle facilities. 29% decrease in number of children arriving to school by car. Safe Routes to School Marin County, http://www.saferoutestoschools.org/history.html#success 482 City of Saratoga Climate Action Plan B-13 2,377 761 1,371 1.7 miles 1.7 miles 2.3 miles 62% 29% 549,405 miles Emissions reductions 188.3 MTCO2e Number of students in Saratoga elementary schools Number of students in Saratoga middle school Number of students in Saratoga high school Average trip length elementary school student Calculation 2030 Average trip length high school student Percent of student estimated to drive to school VMT avoided Average trip length middle school student Potential percent decrease in students driving to school 483 City of Saratoga Climate Action Plan B-14 Action Target Reductions (MTCO 2e) -43.3 2030 Methodology and Assumptions Sources 9,780 gallons 87 MTCO 2 50% 43.3 MTCO 2e City vehicle fleet gasoline consumption City fleet tailpipe emissions Emissions reductions Fuel reduction ZERO AND LOW EMMISION CITY VEHICLES LCT-8 Purchase or lease zero-emission vehicles for the City fleet whenever feasible, and when not, the most fuel-efficient models available. Promote City adoption and procurement of zero-emission vehicles and charging infrastructure to the public. 2030 Calculation 50% decrease in gasoline consumption for City vehicles by 2030. As vehicles are replaced, there will be opportunities to purchase/lease electric vehicles or improve vehicle fuel efficiency with similar models. For City electric vehicles, we assume EVs are powered with SVCE electricity and therefore produce no emissions. City of Saratoga 484 City of Saratoga Climate Action Plan B-15 Action Target Reductions (MTCO2e) -5 2030 Methodology and Assumptions Sources 830 gallons 100% 9 MTCO 2e 3 MTCO 2e 5 MTCO 2e Use low-carbon fuel such as renewable diesel as a transition fuel in the City's fleet and encourage the City's service providers to do the same. 100% of diesel use is replaced with renewable diesel by 2030. City fleet diesel consumption Renewable diesel percentage Emissions from diesel fuel Emissions from renewable diesel fuel Emissions reductions City of Saratoga http://www.nexgenfuel.com/fleets-commercial-use/ Calculation 2030 LOW CARBON FUELS LCT-9 Emission factor for renewable diesel derived from data from Nexgen Fuel. 485 City of Saratoga Climate Action Plan B-16 Action Target Reductions (MTCO2e) -2.3 2030 Methodology and Assumptions Sources 56 9.7 miles 130,953 miles 5.2% 6,810 miles 2.3 MTCO2e We assume City of Saratoga commute VMT is similar to average daily VMT of Saratoga employees. We also assume an average of 240 work days for a City employee. Estimated daily VMT per employee Reduction in VMT The City of Saratoga implemented one of the required four commuter benefit options in 2014, specifically the Alternative Commuter Benefit option, which consists of one required primary measure, plus two required secondary measures from a pre–approved list. The City of Saratoga qualifies for the primary measure with its 9/80 compressed workweek schedule and the two secondary measures: secure, on-site bicycle parking; and showers and lockers for employees. Staff are encouraged to take public transportation or bicycle ride to work. The City provides bicycle racks near the Warner Hutton House and the Recreation Department. Showers and lockers are also available for employees at City Hall and the Corporation Yard. CITY EMPLOYEE COMMUTE LCT-10 Provide City employees with incentives to use alternatives to single occupant auto commuting, such as free electric vehicle charging, transit subsidies, bicycle facilities, ridesharing services, flexible schedules, and telecommuting when practical. Estimated annual VMT for City employees This measure assumes the City will augment its commuter benefits to include actions such as: providing free charging for EV s at the Civic Center; providing transit subsidies; and encouraging telecommuting. CAPCOA Measure TRT-1. Assuming a suburban center and 100% of employees are eligible for incentives, VMT reduction is 5.4%. 5% reduction in city employee commute VMT. VMT avoided Emissions reduction (MTCO2e) California Air Pollution Control Officers Association, "Quantifying Greenhouse Gas Mitigation Measures: A Resource for Local Government to Assess Emission Reductions from Greenhouse Gas Mitigation Measures," August, 2010. Calculation Number of City employees 2030 486 City of Saratoga Climate Action Plan B-17 Action Target Reductions (MTCO2e) -3,651.2 Methodology Sources 68,890,936 kWh 73,392,598 kWh 142,283,534 kWh 33,558,163 kWh 105,246,159 kWh 3,479,212 kWh 36,355,222 kWh GHG emissions reductions 3,651.2 MTCO2 e 100% GHG-free electricity from SVCE through 2030. Electricity saved from other measures GHG-FREE ELECTRICITY RE-1 Support SVCE in the continued delivery of 100% GHG-free electricity. 2030 2030 As of October 2018, the territory-wide opt-out rate for Silicon Valley Clean Energy was 3.2 percent. This opt-out rate is assumed for Saratoga customers and is applied to the overall PG&E load. https://www.svcleanenergy.org/ Calculation Additional SVCE electricity use SVCE provides 100% GHG-free electricity to its customers. SVCE began serving Saratoga customers in April 2017. Future SVCE electricity use SVCE electricity use, BAU Total SVCE and PG&E electricity use, BAU Future PG&E electricity use PG&E electricity use, BAU 487 City of Saratoga Climate Action Plan B-18 Action Target Reductions (MTCO2e) -1,528.1 2030 Methodology Sources 2,903 KW DC 1,452 KW DC 15,968 KW DC 27,364,074 kWh GHG emissions reductions 1,528.1 MTCO2 e RENEWABLE ENERGY GENERATION RE-2 Accelerate installation of solar and other renewable energy installations and energy storage systems at residential and commercial buildings and sites, and at community facilities. 1. Provide solar permit streamlining and reduce or eliminate fees, as feasible. 2. Amend building codes, development codes, design guidelines, and zoning ordinances, as necessary, to facilitate small, medium, and large-scale solar installations. 3. Encourage installa?on of solar panels on roo?ops and over parking areas on commercial projects, schools, and residential developments. 4. Iden?fy and promote financing and loan programs for residen?al and non- residential solar projects. 5. Encourage installa?on of ba?ery storage in conjunc?on with renewable energy generation projects. According to Project Sunroof, 94% of Saratoga buildings have roofs that are solar- viable. These 10,300 roofs have the capacity for 228 MW DC and could generate 327,000,000 kWh per year, which is more than the 139,488,000 kWh consumed in Saratoga in 2017. Project Sunroof estimates there are 1,400 existing solar installations in Saratoga. As of the end of 2017, there were 1,382 installed residential PV systems in Saratoga according to California Solar Statistics. 1,452 KW DC distributed solar capacity added each year on average. An average of 1,223 KW DC has been installed in Saratoga each year since 2012, excluding industrial installations. We assume new distributed solar capacity will be added at the same rate as 2018-2019 through 2030, or 1,452 KW DC each year. California Distributed Generation Statistics, "NEM Currently Interconnected Data Set," https://www.californiadgstats.ca.gov/downloads/, as of January 31, 2020. Project Sunroof, https://www.google.com/get/sunroof/data- explorer/place/ChIJRf47R3CahYARV2ndbPAFwMk/, accessed March 12, 2020. Calculation Additional electricity produced by distributed PV 2030 Solar capacity added 2018-2019 Average solar added annually Additional solar 2020-2030 488 City of Saratoga Climate Action Plan B-19 Action Reductions (MTCO2e) -16.6 2030 Methodology and Assumptions Sources 660,104 kWh 165,123 kWh 494,981 kWh 16.6 MTCO 2e Remaining electricity to be purchased from SVCE Reduction in GHG emissions City of Saratoga PG&E Bills Calculation Government operations electricity consumption in 2017 Electricity emissions reduced through other measures 2030 Purchase remaining electricity from SVCE. MUNICIPAL 100% GHG-FREE ELECTRICITY RE-5 Continue to purchase SVCE 100% GHG-free energy for all facilities. 489 City of Saratoga Climate Action Plan B-20 Action Reductions (MTCO2e) -2,350.4 Sources California Air Pollution Control Officers Association, "Quantifying Greenhouse Gas Mitigation Measures: A Resource for Local Government to Assess Emission Reductions from Greenhouse Gas Mitigation Measures," August, 2010. CAPCOA Measure BE-1 used for estimating non-residential building electricity savings subject to Municipal Code Section 16-47.040. The City adopted a reach code in December 2019 that requires all new residential and non-residential buildings to use electric heat pump technology for their space and water heating. Natural gas is permitted as a fuel source for clothes drying, food cooking, and fireplaces. However, buildings using natural gas appliances must also be “electric-ready,” meaning that the location of a natural gas appliance is capable of supporting an electric appliance in the future. Methodology and Assumptions Replacing residential space and water systems in Climate Zone 4 that use natural gas with systems that use heat pumps and electricity reduces emissions by approximately 95% (derived from CRASS, Tables 2-9 and 2-25). We assume the same emissions reduction for electrifying non-residential space heating systems. An estimated 88% of new homes use natural gas for ranges and ovens and 58% use natural gas for dryers (CRASS, Table 2-22). We assume the ordinance will reduce these numbers by half. An estimated 97% of homes in climate zone 4 use natural gas for primary space heating and 91% use natural gas for water heating (CRASS, Table 2-25). We assume the ordinance reduces these numbers by 100%. Electricity used to power these systems is regulated under Title 24, which requires solar energy to supply energy requirements. 2009 California Residential Appliance Saturation Study (CRASS), Volume 2, Tables 2-6, 2-9, 2-22 and 2-25. http://www.energy.ca.gov/2010publications/CEC-200-2010-004/CEC-200-2010- 004-V2.PDF California Energy Commission, California Commercial End-Use Survey (March 2006), https://ww2.energy.ca.gov/2006publications/CEC-400-2006-005/CEC- 400-2006-005.PDF GREEN BUILDING REACH CODE EE-1 Implement the City's green building ordinance that requires all new residential and non-residential buildings to use electric heat pump technology for their space and water heating and requires natural gas appliances, if installed, to be electric-ready. Implement Municipal Code Section 16-47.040 which requires new commercial buildings to exceed Title 24 energy efficiency requirements by 15%. 2030 490 City of Saratoga Climate Action Plan B-21 Residential 787 units 50% 160 therms 195 therms 35 therms 27 therms 279,989 therms 268 kWh 549 kWh 218,032 kWh 1,477.0 MTCO2e Commercial 172,776 therms 95% 873.0 MTCO2e 15 % New construction electricity use, BAU 6,464,910 kWh New construction electricity use, after Title 24 4,045,094 kWh Additional reduction in electricity use 10,922 kWh GHG emissions reductions from reduced electricity use 0.4 MTCO2e GHG emissions reductions 873.4 MTCO2e Estimated natural gas use for space heating, per housing unit Estimated electricity use for cooktop and range Estimated natural gas use for water heating, per housing unit GHG emissions reductions New construction natural gas use 2020-2030, BAU, for heating, cooling, and water heating Total electricity used for electrified appliances Estimated natural gas use for clothes dryer Total natural gas reduced for appliances and heating systems GHG emissions reductions from reduced natural gas use Estimated electricity use for clothes dryer Calculation 2030 Estimated reduction in emissions after adjusting for additional electricity use 2030 Reduction in appliances that use natural gas Estimated annual natural gas use for cooktop and range New housing units, 2020-2030 Percent over Title 24 Energy Requirements 491 City of Saratoga Climate Action Plan B-22 Action Target Reductions (MTCO2e) -3,410.8 2030 Methodology Electricity consumption declined 9% between 2005 and 2017 (including electricity generated by distributed PV), or an average of 0.8% per year in Saratoga. Natural gas consumption declined 14% between 2005 and 2017 in Saratoga, or an average of 1.1% per year. ENERGY EFFICIENCY EE-2 We are forecasting an annual electricity savings of 0.5% and an annual natural gas savings of 0.5% based on the following: Promote and expand participation in residential and commercial energy efficiency and electrification programs. 1. Work with organizations and agencies such as Silicon Valley Clean Energy and PG&E to promote and implement energy efficiency and electrification programs and actions. 2. Promote utility, state, and federal rebate, incentive, financing, and loan programs. In order to avoid double counting, we exclude energy consumed by commercial buildings that are expected to be redeveloped under General Plan full build-out. This includes 311,870 sq. ft. of existing commercial buildings and 51,205 sq. ft. of existing office use. We assume 400 sq. ft. per employee for commercial use and 250 sq. ft. per employee for office use. We assume one-half of this redevelopment will occur by 2030. The National Action Plan for Energy Efficiency states among its key findings "consistently funded, well-designed programs are cutting annual savings for a given program year of 0.15 to 1 percent of energy sales." Silicon Valley Clean Energy's Implementation Plan states "With regard to SVCEA’s anticipated energy efficiency savings, a reasonable baseline assumption (for efficiency savings related to the demand-side portion of the SVCE resource plan) appears to be steady growth towards 0.5 percent of SVCEA’s projected energy sales by 2024. These savings would be in addition to the savings achieved by PG&E administered programs. " Electricity and natural gas consumption is reduced an average of 0.5% per year between 2017 and 2030. The American Council for an Energy-Efficiency Economy (ACEE) reports for states already operating substantial energy efficiency programs, energy efficiency goals of one percent, as a percentage of energy sales, is a reasonable level to target. 492 City of Saratoga Climate Action Plan B-23 Sources 139,487,797 kWh 1,630,724 kWh 660,104 kWh 1,025,191 kWh 0.5% 8,851,166 kWh 8,099,811 therms 36,717 therms 11,882 therms 0.5% 523,329 therms GHG emissions reductions 3,410.8 MTCO2 e Less electricity used in government operations Less electricity savings from Lighting Efficiency Act Less natural gas used in government operations Less estimated natural gas used in redeveloped commercial sites National Action Plan for Energy Efficiency, July 2006, Section 6: Energy Efficiency Program Best Practices (pages 5-6). Energy Efficiency Resource Standards: Experience and Recommendations, Steve Nadel, March 2006 ACEEE Report E063 (pages 28-30). Silicon Valley Clean Energy Community Choice Aggregation Implementation Plan and Statement of Intent, July 2016. Personal communication with Heather Bradley, M-Group, 5/13/20. Calculation Natural gas savings less government use Residential and commercial electricity use, 2017 Residential and commercial natural gas use, 2017 2030 Annual reduction in electricity consumption Annual reduction in natural gas consumption Electricity savings Less estimated electricity used in redeveloped commercial sites 493 City of Saratoga Climate Action Plan B-24 Action Target Reductions (MTCO2e) -7.6 2030 Methodology 198 Annual electricity consumption 150,468 kWh Electricity reduction 50% Electricity savings 75,234 kWh 7.6 MTCO2eReduction in electricity emissions As of March 2020, there were 111 high pressure sodium and 11 mercury vapor streetlights left to be converted to LED. City of Saratoga PG&E Bills Calculation 2030 Number of streetlights to be converted to LED PG&E Electric Schedule LS-1, Cal. P.U.C. Sheet No. 45482-E PG&E Electric Schedule LS-2, Cal. P.U.C. Sheet No. 33883-E Sources Replace energy-inefficient street, parking lot and other municipal outdoor lights with LED lights. Replace all streetlights with LED lamps. The City has converted its 13 traffic signals and 95 streetlights in Saratoga Village to LED. As of December 2017, 155 of PG&E and City-owned streetlights had been converted to LED, leaving 180 high pressure sodium and 18 mercury vapor streetlights. An analysis of PG&E bills and tariff schedule shows these 198 streetlights annually use 150,468 kWh. Converting to LED can reduce electricity consumption by 50% or more. PUBLIC LIGHTING EE-3 494 City of Saratoga Climate Action Plan B-25 Action Target Reductions (MTCO2e) -15.6 Methodology and Assumptions Sources 449,443 kWh 11,882 therms 20 % 89,889 kWh Annual natural gas savings 2,376 therms GHG emissions reductions 15.6 MTCO2e Annual electricity savings We assume the City can reduce energy use 20% through upgrade of remaining HVAC systems, continued upgrade to LED lights, installation of energy management systems, and potential installation of solar hot water heater and/or heat pump system. 2030 In 2014, the City installed a cool roof at the Joan Pisani Community Center, which reflects the sun’s energy back to the sky instead of allowing it to enter the building as heat. The cool roof was expected to cool the building’s roof by an average of 20 to 30 degrees, reducing the need for costly air conditioning use. Benefits from reduced electricity use are reflected in the baseline inventory for 2017. The City has also installed cool roofs on the theater and City Hall buildings. By 2009, the City had upgraded all lights in City buildings to more efficient T8 lights. As these burn out, the City is replacing them with LED lights. 2030 Annual electricity use in buildings Annual natural gas use in buildings Energy savings MUNICIPAL ENERGY EFFICIENCY AUDIT AND RETROFITS Identify and implement energy efficiency projects in municipal buildings and facilities and electrification of existing building systems and equipment that use natural gas. Calculation EE-4 Complete remaining viable energy efficiency projects identified in the 2009 Siemens Clean Energy Project Preliminary Study, including: upgrade of existing interior fluorescent lighting to LED lighting and installation of occupancy room sensors; upgrade existing HVAC systems and other equipment to more efficient units; installation of solar thermal heating systems; installation of energy management systems to monitor and optimize heating and cooling levels; and installation of PC power management system. Siemens Building Technologies, Inc., "Clean Energy Project Preliminary Study," September 23, 2009. Reduce energy use in municipal buildings and facilities 20% by 2030. 495 City of Saratoga Climate Action Plan B-26 Action Target GP Related Policies Reductions (MTCO2e) -44.0 2030 Methodology and Assumptions Sources 338 MTCO2e 1.0% Annual decrease in water emissions 3.4 MTCO2e GHG emissions reduction 44.0 MTCO2e WATER CONSERVATION WC-1 Reduce indoor and outdoor water use in residential and commercial buildings and landscaping. 1. Work with San Jose Water Company (SJWC), Valley Water, and other organizations to promote water conservation programs and incentives. 2. Educate residents and businesses about local and State laws requiring retrofit of non-compliant plumbing fixtures during remodeling and at resale. 3. Ensure all projects requiring building permits, plan check, or design review comply with State and SJWC regulations. 4. Encourage the installation of greywater and rainwater collection systems and the use of recycled water where available. Saratoga water consumption declined from 1,547 million gallons (MG) per year in 2005 to 1,128 MG, a decrease of 27%, or approximately 1.9% per year. We conservatively assume a 1% annual reduction in water consumption for years 2018-2030. Personal Communication with Colby Sneed, Director of Operations, San Jose Water Company. Policy OSC-11.1: Implement water conservation provisions of the San Jose Water Company’s Urban Water Management Plan. Reduce water consumption 1% each year. Calculation Water emissions, 2017 Annual decrease in water consumption 2030 496 City of Saratoga Climate Action Plan B-27 Action Target Reductions (MTCO2e) -247.8 2030 Methodology and Assumptions Sources 0.0354 MTCO2 700 10 7,000 GHG emissions reduction from sequestration 247.8 MTCO2e CITY FOREST CS-1 Increase carbon sequestration and improve air quality and natural cooling through increasing tree cover in Saratoga. 1. Plant additional trees on City-owned land, including public parks, open space, medians, and rights of way, where feasible. 2. Review parking lot landscape standards to maximize tree cover, shade, size, growth, and sequestration potential. 3. Regulate and minimize removal of large trees and require planting of replacement trees. 4. Require that the site planning, construction and maintenance of new development preserve existing healthy trees and native vegetation on site to the maximum extent feasible. Replace trees and vegetation not able to be saved where apllicable. 5. Encourage community members to plant trees on private land. Provide reduced-cost trees to the public through a bulk purchasing program. 6. Provide information to the public, including landscape companies, gardeners and nurseries, on carbon sequestration rates, drought tolerance, and fire resistance of different tree species. California Air Pollution Control Officers Association, "Quantifying Greenhouse Gas Mitigation Measures: A Resource for Local Government to Assess Emission Reductions from Greenhouse Gas Mitigation Measures," August, 2010. Sequestration: CAPCOA Measure V-1. Assumed default annual sequestration rate of .0354 MTCO2 accumulation per tree per year and an active growing period of 20 years. Thereafter, the accumulation of carbon in biomass slows with age, and will be completely offset by losses from clipping, pruning, and occasional death. In 2016, the City challenged residents to plant 2,020 trees by the year 2020 after Saratoga lost a significant number of trees due to the drought. To reach this goal, the City partnered with Our City Forest to offer residents discounted trees. By May 2019, the City and community planted more than 2,100 trees, or approximately 700 trees per year. We assume the City can maintain this rate by continuing the program through 2030. Plant 700 net new trees each year between 2020 and 2030. Calculation Annual sequestration rate per tree Number of net new trees planted each year Number of years 2030 Number of trees planted over period in active growing stage in inventory year 497 City of Saratoga Climate Action Plan B-28 Reductions (MTCO2e) -13,638.6 2030 Program Description Methodology and Assumptions Sources Passenger VMT, BAU 163,190,068 VMT 138,836,253 VMT Commercial VMT, BAU 2,338,366 VMT Emissions, BAU 50,658 MTCO2e Emissions with regulations 37,019 MTCO2e Reduction in emissions 13,639 MTCO2e LIGHT AND HEAVY-DUTY FLEET REGULATIONS State Action Current federal and State regulations and standards will reduce transportation emissions from the light and heavy duty fleet. These include: 2. Advanced Clean Cars Program which will reduce greenhouse gas and smog emissions for light-duty vehicles sold between 2017 and 2025. New automobiles will emit 34 percent fewer GHG emissions and 75 percent fewer smog-forming emissions. California Air Resources Board, EMFAC2017 v.1.0.2. 1. Pavley Standards which increase fuel economy standards for light-duty vehicles for 2009-2016 model years. 3. ARB Tractor -Trailer Greenhouse Gas Regulations which accelerate the use of low rolling resistance tires and aerodynamic fairing to reduce GHG emissions in the heavy-duty truck fleet. 4. Heavy Duty GHG Emissions Standards (Phase One) which establish GHG and fuel efficiency standards for medium duty and heavy duty engines and vehicles for 2014- 2018 model years. Passenger VMT, net reductions from other measures 2030 Transportation emissions estimated using EMFAC 2017. Emission factors have been adjusted to account for the SAFE Vehicle Rule Part One and the Final SAFE Rule. Calculation California Air Resources Board, EMFAC2014 Volume III - Technical Documentation, v1.0.7, May 12, 2015 California Air Resources Board, "EMFAC Off-Model Adjustment Factors for Carbon Dioxide (CO2 ) Emissions to Account for the SAFE Vehicle Rule Part One and the Final SAFE Rule," June 26, 2020, https://ww3.arb.ca.gov/msei/emfac_off_model_co2_adjustment_factors_06262020- final.pdf?utm_medium=email&utm_source=govdelivery 498 City of Saratoga Climate Action Plan B-29 Program Description Reductions (MTCO2e) -1,528.6 Methodology and Assumptions Sources 155,371,327 kWh 2,226,555 kWh 28,911,793 kWh 3,479,212 kWh 13,087,793 kWh 3,628 MTCO2e 2,100 MTCO2e 1,528.6 MTCO2e California Public Utilities Code Section 454.52 requires each load-serving entity to procure at least 50 percent eligible renewable energy resources by 2030 and to meet the economywide reductions of 40% below 1990 levels by 2030. Electricity saved through local actions Net electricity use (PG&E) RENEWABLE PORTFOLIO STANDARD The CPUC calculator version 3c provides projected emission factors for 2020. That number is higher than PG&E's 2017 emission factor. We therefore assume the same 2017 PG&E emission factor for 2020. For 2030, the CPUC has set electric sector GHG reductions at a level that represents a 50% reduction from 2015 levels. We therefore apply a 50% reduction to PG&E and DA 2015 emission factors to forecast 2030 emission factors. 2030 2030 Electricity use, BAU This State Action assumes PG&E and Direct Access entities will meet the Renewable Portfolio Standard requirements and that these entities will carry the same share of the community's electricity load as in 2016. GHG reductions related to MCE's GHG reduction policies are quantified separately as a local action. GHG Calculator, version 3c_Oct2010. https://ethree.com/public_projects/cpuc2.php Calculation Established in 2002 in Senate Bill 1078, the Renewable Portfolio Standard program requires electricity providers to increase the portion of energy that comes from eligible renewable sources, including solar, wind, small hydroelectric, geothermal, biomass and biowaste, to 20 percent by 2010 and to 33 percent by 2020. Senate Bill 350, passed in September of 2015, increases the renewable requirement to 50 percent by the end of 2030. Senate Bill 100, passed in September 2018, accelerated the RPS standard to 60 percent by 2030 and zero- carbon by 2045. State Action PG&E, "Greenhouse Gas Emission Factors: Guidance for PG&E Customers," November 2015, https://www.pge.com/includes/docs/pdfs/shared/environment/calculator/pge_ ghg_emission_factor_info_sheet.pdf California Public Utilities Commission "CPUC Adopts Groundbreaking Path to Reduce Greenhouse Gases in Electric Sector," Press Release Docket #: R.16-02- 007, Feb. 8, 2018. GHG emission reductions Net electricity use (DA) Electricity saved through other State actions Electricity emissions, BAU Electricity emissions w/RPS 499 City of Saratoga Climate Action Plan B-30 Program Description Reductions (MTCO2e) -339.7 Methodology and Assumptions TITLE 24 Estimated commercial energy use is based on annual electricity and natural gas intensities for all commercial buildings in the PG&E service area as reported in the California Commercial End-Use Survey. Only end uses covered by Title 24 (heating, cooling, ventilation, water heating and, after 2019, lighting) are included in the analysis. State Action 2030 The California Energy Commission (CEC) promotes energy efficiency and conservation by setting the State’s building efficiency standards. Title 24 of the California Code of Regulations consists of regulations that cover the structural, electrical, mechanical, and plumbing system of every building constructed or altered after 1978. The building energy efficiency standards are updated on an approximate three-year cycle, and each cycle imposes increasingly higher demands on energy efficiency and conservation. The California Energy Commission's 2007 Integrated Policy Report established the goal that new building standards achieve "net zero energy" levels by 2020 for residences and by 2030 for commercial buildings. Estimated energy reductions for the 2016 and 2019 building codes based on information provided by the California Energy Commission. CAPCOA Measure BE-1 used for estimating building energy savings. We assume all residential electricity use subject to Title 24 is offset by mandatory solar installation beginning with the 2019 building code. Estimated residential energy use assumes 97% of homes use natural gas for primary space heating and 91% for water heating prior to 2020. Beginning in 2020, we assume 100% of homes use electricity for water heating and primary space heating due to the City's reach code ordinance adopted in December 2019 that requires all new residential buildings to use electric heat pump technology for their space and water heating. We assume all new homes install central air conditioning and outdoor lighting. Only end uses covered by Title 24 are included in the analysis. No natural gas consumption subject to Title 24 is assumed after 2020 due to City's reach code ordinance adopted in December 2019 that requires all new non- residential buildings to use electric heat pump technology for their space and water heating. 500 City of Saratoga Climate Action Plan B-31 Sources California Air Pollution Control Officers Association, "Quantifying Greenhouse Gas Mitigation Measures: A Resource for Local Government to Assess Emission Reductions from Greenhouse Gas Mitigation Measures," August, 2010. California Energy Commission, https://ww2.energy.ca.gov/title24/2019standards/documents/2018_Title_24_2019_B uilding_Standards_FAQ.pdf 2009 California Residential Appliance Saturation Study (CRASS), Volume 2. http://www.energy.ca.gov/2010publications/CEC-200-2010-004/CEC-200-2010-004- V2.PDF California Energy Commission, 2016 Energy Standards Overview (June 15, 2016), https://www.lgc.org/wordpress/wp-content/uploads/2016/02/2016-Energy- Standards-Overview-California-Energy-Commission.pdf City of Saratoga, Annual Housing Element Progress Report for 2019. California Energy Commission, California Commercial End-Use Survey (March 2006), https://ww2.energy.ca.gov/2006publications/CEC-400-2006-005/CEC-400-2006- 005.PDF 501 City of Saratoga Climate Action Plan B-33 Reductions from Title 24 Upgrades Energy Savings Electricity Savings Natural Gas Savings Electricity Savings Natural Gas Savings Residential New Construction 28%100%7%100%50% Non-residential New Construction 5%30%30%50%50% Projected Residential Development with Title 24 Energy Reductions 2018-2019 2020-2022 2023-2030 TOTAL through 2020 GHG Reductions through 2020 TOTAL through 2030 GHG Reductions through 2030 New Residential (units)49 236 551 49 836 Electricity Use BAU, subject to Title 24 30,123 360,118 840,275 30,123 1,230,516 Electricity Use Savings 971 360,118 840,275 971 0 1,201,364 67.1 Natural Gas Use BAU 16,300 16,300 16,300 Natural Gas Use Savings 4,039 4,039 21 4,039 21.5 Projected Non-Residential Development with Title 24 Energy Reductions 2018-2019 2020-2022 2023-2030 TOTAL through 2020 GHG Reductions through 2020 TOTAL through 2030 GHG Reductions through 2030 0 1,939,473 4,525,437 0 6,464,910 Electricity Use Savings 0 157,097 2,262,718 0 0 2,419,816 251.1 Electricity Use BAU, including redeveloped commercial buildings, subject to Title 24 2016 Reductions from 2013 Standards (assumed for development after 2017) Calculation Projected average reduction 2023-2030 from 2017 baseline Energy Savings for 2019 Code (assumed for development 2020- 2023) 502 City of Saratoga Climate Action Plan B-33 Reductions (MTCO2e) -72.7 Methodology and Assumptions Sources 14,539,228 kWh Commercial electricity use, 2017 43,753,568 kWh 12,644,781 kWh 2,275,186 kWh Reduction in residential electricity use 781,484 kWh 189,672 kWh 54,036 kWh 72.7 MTCO2eGHG emission reductions Program Description AB 1109, the Lighting Efficiency and Toxic Reduction Act, tasks the California Energy Commission (CEC) with reducing lighting energy usage in indoor residences by no less than 50% from 2007 levels by 2018, as well as requires a 25% reduction in indoor and outdoor commercial buildings by the same date. To achieve these efficiency levels, the CEC applies its existing appliance efficiency standards to include lighting products, as well as requires minimum lumen/watt standards for different categories of lighting products. The bill also expands existing incentives for energy efficient lighting. 28.9% of nonresidential electricity is used for indoor lighting (California Energy Commission 2006) 2030 Residences use 1,342 kWh for indoor lighting on average (U.S. Department of Energy 2012) Itron, Inc., "California Commercial End-Use Survey," California Energy Commission, March 2006, Publication Number: CEC-400-2006-005, p. 186. Accessed March 26, 2015. <http://apps1.eere.energy.gov/buildings/publications/pdfs/ssl/2010-lmc- Calculation 5.2% of nonresidential electricity is used for outdoor lighting (California Energy Commission 2006) Navigant Consulting, Inc., "2010 U.S. Lighting Market Characterization," U.S. Department of Energy, January 2012, p. 42. Accessed March 26, 2015. <http://apps1.eere.energy.gov/buildings/publications/pdfs/ssl/2010-lmc- final-jan-2012.pdf> Commercial indoor lighting use, 2017 The CEC reports that between 2008 and 2010, interior residential lighting electricity dropped 7%, commercial interior lighting electricity dropped 13%, and commercial outdoor lighting dropped 6 percent. We assume 1/8 of the remaining goal will be achieved between 2017 and 2018. Commercial outdoor lighting use, 2017 LIGHTING EFFICIENCY AND TOXIC REDUCTION ACT State Action 2030 Residential electricity indoor lighting use, 2017 Reduction in commercial outdoor lighting use Reduction in commercial indoor lighting use 503 City of Saratoga Climate Action Plan B-34 Reductions (MTCO2e) -3,853.1 2030 Methodology and Assumptions 4,658.0 MTCO2 e 75% 1,164.5 MTCO2 e 5,017.6 MTCO2 e GHG emissions reduction 3,853.1 MTCO2 e Passed in 2016, SB 1383 establishes targets to achieve a 50% reduction in the level of the statewide disposal of organic waste from the 2014 level by 2020 and a 75% reduction by 2025. The law grants CalRecycle the regulatory authority required to achieve the organic waste disposal reduction targets and establishes an additional target that not less than 20% of currently disposed edible food is recovered for human consumption by 2025. In 2022, CalRecycle may begin to issue penalties for non-compliance. On January 1, 2024, the regulations may require local jurisdictions to impose penalties for noncompliance on regulated entities subject to their authority. We assume a 75% reduction in organic waste from 2014 levels by 2030. The State's Green Building Code (CALGreen) requires residential and non-residential development projects to recycle and/or salvage for reuse a minimum of 65% of the nonhazardous construction and demolition waste. The City of Saratoga contracts with Green Halo, a third party web-based data collection system, to document construction waste diversion as required by the California Green Building Code. ORGANIC WASTE REDUCTION State Action Program Description Passed in 2014, AB 1826 requires businesses to recycle their organic waste, depending on the amount of waste they generate per week. Organic waste means food waste, green waste, landscape and pruning waste, nonhazardous wood waste, and food-soiled paper waste that is mixed in with food waste. The law phases in mandatory recycling of commercial organics over time. In 2017, businesses that generate 4 cubic yards of organic waste per week were required to arrange for organic waste recycling services and divert all organic waste they produce. In 2019, the law extended to businesses that generate 4 cubic yards or more of commercial solid waste. The State law is intended to reduce statewide disposal of organic waste by 50% by 2020. If that target is not met, the law will be extended to cover businesses that generate 2 cubic yards or more of commercial solid waste. 2030 Calculation Waste emissions, 2014 Reduction in waste emissions Targeted GHG emissions Waste emissions, 2017 504 City of Saratoga Climate Action Plan C-1 APPENDIX C:GHGEMISSIONS REDUCTION TARGETS The GHG emissions reduction targets established in this CAP align with the Statewide reduction goal to reduce emissions 40% below 1990 levels by 2030. In addition to this goal, the California Air Resources Board’s 2017 Scoping Plan provides guidance to local governments on how to address State goals in local plans with per capita emissions targets. As stated in the Scoping Plan (pages 99-100): “CARB recommends statewide targets of no more than six metric tons CO2e per capita by 2030 and no more than two metric tons CO2e per capita by 2050. The statewide per capita targets account for all emissions sectors in the State, statewide population forecasts, and the statewide reductions necessary to achieve the 2030 statewide target under SB 32 and the longer term State emissions reduction goal of 80 percent below 1990 levels by 2050. The statewide per capita targets are also consistent with Executive Order S-3-05, B-30- 15, and the Under 2 MOU that California originated with Baden-Württemberg and has now been signed or endorsed by 188 jurisdictions representing 39 countries and six continents… Since the statewide per capita targets are based on the statewide GHG emissions inventory that includes all emissions sectors in the State, it is appropriate for local jurisdictions to derive evidence-based local per capita goals based on local emissions sectors and population projections that are consistent with the framework used to develop the statewide per capita targets.” Table C-1 shows the information provided in the Scoping Plan regarding statewide baseline (1990) and projected (2030) emissions by sector. TABLE C-1: ESTIMATED CHANGE IN STATEWIDE GHG EMISSIONS BY SECTOR (MMTCO2e) Sector 1990 Emissions (MMTCO2e) 2030 Projected Emissions under 2017 Scoping Plan (low end) (MMTCO2e) % Change Transportation 152 103 -32% Residential and Commercial 44 38 -14% Industrial 98 83 -15% Electric Power 3 8 267% Recycling and Waste 7 8 14% Agriculture 26 24 -8% High GWP 108 30 -72% Source: CARB, 2017 Scoping Plan, Table 3 , p. 31 In order to derive an appropriate local per capita target based on local emissions sectors, the project team estimated 1990 emissions for subcategories based on year 2000 emissions as reported in CARB’s California Greenhouse Gas Inventory for 2000-2017.Table C-2 identifies the subcategories and emissions that are included in the Saratoga’s Community-wide GHG Emissions Inventory to determine the local per capita target. 505 City of Saratoga Climate Action Plan C-2 TABLE C-2: ESTIMATED GHG EMISSIONS BY SECTOR AND SUBCATEGORY (MMTCO2e) Sector and Subcategory Column A Column B Column C Column D CA 1990 Emissions1 Applicable Categories for Saratoga CAP Change from 1990 Level to Meet 2030 Target2 2030 Target for Applicable Categories for Saratoga CAP 3 Transportation 152 -32% On-Road 139.11 139.11 94.59 Passenger Vehicles 105.74 Heavy Duty Vehicles 33.36 Ships & Commercial Boats 4.10 Aviation (Intrastate)3.55 Rail 1.59 Off-Road 2.22 1.144 0.77 Unspecified 1.67 Commercial & Residential 44 -14% Residential Fuel Use 30.19 Natural Gas 28.01 28.01 24.08 Other Fuels 1.41 1.41 1.21 Fugitive Emissions 0.78 Commercial Fuel Use 11.48 Natural Gas 10.06 10.06 8.65 Other Fuels 1.42 Commercial Cogeneration Heat Output 1.09 Other Commercial and Residential 1.24 Industrial 98 -15% Refineries and Hydrogen Production 28.69 General Fuel Use 20.37 Natural Gas 16.92 16.92 14.38 Other Fuels 3.45 Oil & Gas Production & Processing 19.51 Fuel Use 17.64 Fugitive Emissions 1.88 Cement Plants 9.56 Clinker Production 5.55 Fuel Use 4.00 Cogeneration Heat Output 11.76 Other Fugitive and Process Emissions 8.10 Natural Gas Transmission & Distribution 3.54 Manufacturing 0.32 506 City of Saratoga Climate Action Plan C-3 Sector and Subcategory Column A Column B Column C Column D CA 1990 Emissions1 Applicable Categories for Saratoga CAP Change from 1990 Level to Meet 2030 Target2 2030 Target for Applicable Categories for Saratoga CAP 3 Wastewater Treatment 1.87 1.87 1.59 Other 2.36 Electric Power 108 -72% Electricity Generation - In State 60.72 60.72 17.00 Natural Gas 52.45 Other Fuels 7.05 Fugitive and Process Emissions 1.21 Electricity Generation - Imports 47.28 47.28 13.24 Unspecified Imports 14.70 Specified Imports 32.59 Recycling & Waste 7 14% Landfills 6.88 6.88 7.84 Composting 0.12 Agriculture 26 -8% Livestock 16.05 Enteric Fermentation (Digestive Process)8.28 Manure Management 7.77 Crop Growing & Harvesting 6.75 Fertilizers 5.25 Soil Preparation and Disturbances 1.44 Crop Residue Burning 0.07 General Fuel Use 3.20 Diesel 2.12 Natural Gas 0.82 Gasoline 0.26 Other Fuels 0.01 High-GWP 3 267% Depleting Substance (ODS) Substitutes 2.66 Electricity Grid SF6 Losses 0.24 Semiconductor Manufacturing 0.10 TOTAL 438 339 -46%183 1 Subcategory emissions are estimated by applying the proportionate share of year 2000 emissions as reported by CARB in the California Greenhouse Gas Inventory for 2000-2017 – by Category as Defined in the 2008 Scoping Plan to 1990 emissions as reported by sector in the 2017 Scoping Plan. 2 From Table C-1. 3 Derived by multiplying Column C by the applicable sector reduction in Column B. 4 Local emissions for the Off-Road category are adjusted to reflect only the categories that are included in the communitywide GHG inventory. 507 City of Saratoga Climate Action Plan C-4 The projected statewide population that was used for the Scoping Plan is inferred by dividing total projected emissions for 2030 (260 MMTCO2e) by the statewide per capita target (6 MTCO2e) for a population of 43,333,333. The local per capita goal is calculated by dividing total projected emissions for the applicable SaratogaCAP categories (183 MMTCO2e) by the statewide population. The local target for 2030 would therefore be 4.2 MTCO2e. However, the California statewide population is expected to grow approximately 6.8% between 2017 and 2030, while the Saratoga population is forecasted to increase 4.6%.11F 12 Adjusting for the difference in population growth yields an adjusted local per capita target for 2030 of 4.1 MTCO2e. CARB recommends a statewide per capita target of 2 MTCO2e for 2050, which is one-third of the 2030 target. The corresponding local target is therefore one-third of 4.1 MTCO2e, or 1.4 MTCO2e per capita in 2050. CARB further recommends expressing GHG emissions reduction goals in mass emissions, per capita emissions, and service population emissions. These are shown in Table C-3. TABLE C-3: LOCAL EMISSION REDUCTION TARGETS PER 2017 SCOPING PLAN GUIDANCE 2030 2050 A Projected Population for Saratoga 32,792 33,922 B Projected Jobs for Saratoga 10,413 12,150 C Projected Service Population for Unincorporated Marin (A + B)43,205 46,072 D Per Capita Target (MTCO2e)4.1 1.4 E Mass Emissions Target (MTCO2e) (A x D)134,447 47,491 F Per Service Population Target (MTCO2e) (E / C)3.1 1.0 The emissions reductions in 2030 expected to be achieved through the implementation of this CAP exceed these targets as follows: Mass Emissions in 2030: 89,051 MTCO2e Per Capita Emissions in 2030: 2.7 MTCO2e Per Service Population Emissions in 2030: 2.1 MTCO2e 12 Statewide population growth is derived from CA Department of Finance, Table P-1: State Population Projections (2010-2060), baseline 2019. 508 City of Saratoga Climate Action Plan D-1 APPENDIX D:ADOPTING RESOLUTION 509 City of Saratoga Climate Action Plan D-2 510 CITY OF SARATOGA GREENHOUSE GAS INVENTORY FOR COMMUNITY EMISSIONS FOR YEAR 2020 Draft November 7, 2022 511 TABLE OF CONTENTS EXECUTIVE SUMMARY 1 I NTRODUCTION 2 P URPOSE OF I NVENTORY 2 GENERAL M ETHODOLOGY 2 COMMUNITY INVENTORY 4 C OMMUNITY I NVENTORY S UMMARY 4 P ER CAPITA E MISSIONS 6 M AJOR SOURCES OF E MISSIONS 7 E LECTRICITY USE 7 N ATURAL G AS U SE 7 T RANSPORTATION 8 W ASTE D ISPOSAL 9 W ATER U SE 10 A PPENDIX A-1 512 Saratoga Greenhouse Gas Emissions Inventory 1 EXECUTIVE SUMMARY The City of Saratoga committed to publishing annual communitywide greenhouse gas (GHG) emissions estimates when it adopted a Climate Action Plan (CAP) in 2020. Annual inventories help the City to more closely monitor its progress in meeting its local GHG reduction goals and the statewide goal to reduce emissions 40% below 1990 levels by 2030 and 85% below 1990 levels by 2045. This report reviews emissions generated from the community from 2005 through 2020, the most recent year data is available. The inventory shows that the Saratoga community has reduced emissions 33% since 2005, which is equivalent to 27% below estimated 1990 levels. Emissions dropped from about 166,925 metric tons carbon dioxide equivalents (MTCO2e) in 2005 to 111,740 MTCO2e in 2020. The community emissions trend and targets are shown below. Saratoga needs to reduce emissions another 19,915 MTCO2e to meet the 2030 CAP and state target for 2030 and another 88,783 MTCO2e to meet the State mitigation target for 2045, which is 85% below 1990 levels.1 FIGURE 1: SARATOGA GHG EMISSIONS TREND 1 Assembly Bill 1279, passed in 2022, establishes a target to achieve statewide carbon neutrality by 2045, with 85% of emissions reduction achieved through mitigation and the rest through sequestration and carbon capture. 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 180,000 200,000 MTCO2eT HE T AKEAWAY : C OMMUNITY E MISSIONS D OWN 33% S INCE 2005 2030 Goal 2045 State Mitigation Goal 513 Saratoga Greenhouse Gas Emissions Inventory 2 INTRODUCTION PURPOSE OF INVENTORY The objective of this greenhouse gas emissions inventory is to identify the sources and quantify the amounts of greenhouse gas emissions generated by the activities of the Saratoga community in 2020. This inventory provides a comparison to baseline 2005 emissions and identifies the sectors where significant reductions in greenhouse gas emissions have occurred. In some instances, previous year emissions were updated with new data and/or recalculated to ensure the same methodology was employed for all inventory years. GENERAL METHODOLOGY This inventory uses national standards for the accounting and reporting of greenhouse gas emissions. The U.S. Community Protocol for Accounting and Reporting of Greenhouse Gas Emissions, version 1.2 (July 2019)was used for the quantification and reporting of community emissions. Quantification methodologies, emission factors, and activity and source data are detailed in the appendix. Community emissions are categorized according to seven sectors: Built Environment - Electricity Built Environment – Natural Gas Transportation Off-Road Vehicles and Equipment Waste Water Wastewater C ALCULATING E MISSIONS Emissions are quantified by multiplying the measurable activity data – e.g., kilowatt hours of electricity, therms of natural gas, and gallons of diesel or gasoline – by emissions factors specific to the energy source. Most emissions factors are the same from year to year. Emission factors for electricity, however, change from year to year due to the specific sources that are used to produce electricity. For example, electricity that is produced from coal generates more greenhouse gases than electricity that is generated from natural gas and therefore has a higher emissions factor. Electricity that is produced solely from renewable energy sources such as solar and wind has an emissions factor of zero. This inventory calculates individual greenhouse gases – e.g., carbon dioxide, methane and nitrous oxide – and converts each greenhouse gas emission to a standard metric, known as “carbon dioxide equivalents” or CO2e, to provide an apple-to-apples comparison among the various emissions. Table 1 shows the greenhouse gases identified in this inventory and their global warming potential (GWP), a measure of the amount of warming each gas causes when compared to a similar amount of carbon dioxide. Methane, for example, is 28 times as potent as 514 Saratoga Greenhouse Gas Emissions Inventory 3 carbon dioxide over 100 years; therefore, one metric ton of methane is equivalent to 28 metric tons of carbon dioxide. Greenhouse gas emissions are reported in this inventory as metric tons of carbon dioxide equivalents, or MTCO2e. T ABLE 1:GREENHOUSE GASES Gas Chemical Formula Emission Source Global Warming Potential Carbon Dioxide CO2 Combustion of natural gas, gasoline, diesel, and other fuels 1 Methane CH4 Combustion, anaerobic decomposition of organic waste in landfills and wastewater 28 Nitrous Oxide N2O Combustion, wastewater treatment 265 Source: IPCC Fifth Assessment Report (2014) T YPES OF E MISSIONS Emissions from each of the greenhouse gases can come in a number of forms: Stationary or mobile combustion resulting from the on-site combustion of fuels (natural gas, diesel, gasoline, etc.) to generate heat or electricity, or to power vehicles and equipment. Purchased electricity resulting from the generation of power from utilities outside the jurisdictional boundary. Fugitive emissions resulting from the unintentional release of greenhouse gases into the atmosphere, such as leaked refrigerants and methane from waste decomposition. Process emissions from physical or chemical processing of a material, such as wastewater treatment. U NDERSTANDING T OTALS The totals listed in the tables and discussed in the report are a summation of emissions using available estimation methods. Each inventoried sector may have additional emissions sources associated with them that were unaccounted for due to a lack of data or robust quantification methods. For example, greenhouse gas emissions associated with air travel and the production of goods outside the community’s boundary are not included in the inventory. Additionally, the community inventory does not include refrigerants released into the atmosphere from the use of air conditioning in cars and buildings. 515 Saratoga Greenhouse Gas Emissions Inventory 4 COMMUNITY INVENTORY COMMUNITY INVENTORY SUMMARY In 2005, the activities taking place by the Saratoga community resulted in approximately 166,925 metric tons of CO2e.2 In 2020, those activities resulted in approximately 111,740 metric tons of CO2e, a reduction of 33% from 2005 levels, which is equivalent to 27% below estimated 1990 levels. The community inventory tracks emissions in seven sectors: The Built Environment – Electricity sector represents emissions generated from the use of electricity in Saratoga homes and commercial, industrial, and governmental buildings and facilities. The Built Environment – Natural Gas sector represents emissions generated from the use of natural gas in Saratoga homes and commercial, industrial, and governmental buildings and facilities. Propane used as a primary heating source is also included, although it represents less than 1% of emissions in this sector. The Transportation sector includes tailpipe emissions from passenger vehicle trips originating and/or ending in Saratoga, as well as tailpipe emissions generated by medium and heavy-duty vehicles travelling on Santa Clara County roads based on the City’s share of certain truck-generating industries. Emissions from buses serving Saratoga while travelling on roads within the jurisdiction are also included. Electricity used to power electric vehicles is embedded in electricity consumption reported in the Built Environment - Electricity sector. The Waste sector represents fugitive methane emissions that are generated over time as organic material decomposes in the landfill. Although most methane is captured or flared off at the landfill, approximately 25% escapes into the atmosphere. The Off-Road sector represents emissions from the combustion of gasoline, diesel, and other fuels from the operation of off-road vehicles and equipment used for light commercial, construction, recreation, and landscape maintenance. The Water sector represents emissions from energy used to pump, convey, treat, and distribute potable water from the water source to Saratoga. The Wastewater sector represents stationary, process and fugitive greenhouse gases that are created during the treatment of wastewater generated by the community and emissions created from energy used to process wastewater. It also includes fugitive emissions from septic systems present within Saratoga’s city limits. Table 2 shows how emissions in each sector have changed since 2005. Emissions have declined in all sectors. The greatest reductions have occurred in the Built Environment – Electricity sector (-35,429 MTCO2e), followed by the Transportation sector (-14,062 MTCO2e). Figure 2 shows the relative contribution of emissions from these sectors in 2020. The likely reasons for the largest emissions decreases are described in the remainder of this report. 2 Baseline and historical emissions are recalculated in the annual inventory to integrate new data and improved calculation methodologies and to ensure consistent comparison across each year. For this reason, emission levels may differ from levels reported in previous inventories. 516 Saratoga Greenhouse Gas Emissions Inventory 5 T ABLE 2: E MISSIONS SUMMARY BY SECTOR (MTCO 2 E ), 2005 THROUGH 2020 Year Built Environment -ElectricityBuilt Environment–Natural Gas Transportation Off-Road Waste Water Wastewater Total% Change from 2005 % Change from 1990 1990 (est.)1 153,691 2005 37,877 48,476 70,472 3,356 4,799 1,136 809 166,925 2006 36,584 51,884 69,247 4,940 4,539 1,057 797 169,048 1% 2007 48,350 50,991 68,920 5,583 4,528 1,546 861 180,778 8% 2008 48,478 51,638 68,011 4,906 4,607 1,546 863 180,049 8% 2009 45,731 55,579 67,875 3,968 4,031 1,369 853 179,406 7% 2010 32,903 50,187 65,838 3,519 4,486 978 801 158,711 -5% 2011 29,221 53,291 64,695 3,489 4,381 874 785 156,735 -6% 2012 31,118 49,206 63,152 3,445 4,458 1,000 802 153,182 -8% 2013 29,825 49,153 62,677 3,409 4,631 1,005 798 151,498 -9% 2014 28,890 38,830 62,534 3,367 4,658 890 798 139,966 -16% 2015 26,291 40,769 60,584 3,313 4,977 661 788 137,384 -18% 2016 18,638 41,444 62,105 3,251 4,907 456 744 131,545 -21% 2017 10,015 44,230 59,058 3,185 5,018 175 722 122,403 -27% 2018 2,395 43,624 57,746 3,103 4,092 0 472 111,432 -33% 2019 2,588 46,144 57,209 3,014 4,262 0 687 113,904 -32% 2020 2,448 45,870 56,410 2,869 3,500 0 643 111,715 -33%-27% Change from 2005 -35,429 -2,606 -14,062 -487 -1,299 -1,136 -167 -55,185 % Change from 2005 -94%-5%-20%-15%-27%-100%-21%-33% 1 Per California Air Resources Board guidance, 1990 levels are estimated at 15% below 2008 levels. FIGURE 2: E MISSIONS BY S ECTOR , 2020 Built Environment - Electricity 2% Transportation 50% Waste 3% Off-Road 4% Water & Wastewater <1% Built Environment - Natural Gas 41% 517 Saratoga Greenhouse Gas Emissions Inventory 6 P ER CAPITA E MISSIONS Per capita emissions can be a useful metric for measuring progress in reducing greenhouse gases and for comparing one community’s emissions with neighboring cities and against regional and national averages. That said, due to differences in emission inventory methods, it can be difficult to produce directly comparable per capita emissions numbers. Dividing the total communitywide GHG emissions by residents yields a result of 15.6 metric tons CO2e per capita in 2005. Per capita emissions decreased 34% between 2005 and 2020, falling to 10.3 metric tons per person. Figure 2 shows the trend in per capita emissions over time. It is important to understand that this number is not the same as the carbon footprint of the average individual living in Saratoga, which would include lifecycle emissions, emissions resulting from air travel, etc. F IGURE 3: E MISSIONS P ER C APITA MAJOR SOURCES OF EMISSIONS The following sections provide a year-by-year analysis of the changes in GHG emissions from: electricity, natural gas, transportation, waste, and water use. Whenever possible, each section discusses the change in emissions from previous years and the likely influence of state and local programs or policies and external factors on reducing emissions. E LECTRICITY USE Electricity use in homes and businesses in Saratoga decreased about 17% between 2005 and 2020, and greenhouse gas emissions from electricity consumption decreased 94% since 2005, as shown in Figure 4. T This is primarily due to the lower carbon intensity of electricity. PG&E has been steadily increasing the amount of renewable energy in its electricity mix. In 2020, PG&E electricity came from a mix of renewable (31%), large hydroelectric (10%), nuclear (43%), and natural gas (16%) energy sources and was 84% GHG-free.3 Silicon Valley Clean Energy (SVCE) began providing 100% GHG-free electricity to Saratoga customers in April 2017. 3 PG&E 2020 Power Content Label, https://www.pge.com/pge_global/common/pdfs/your-account/your- bill/understand-your-bill/bill-inserts/2021/1021-PowerContent.pdf. Nuclear and large hydro sources are considered GHG-free. 15.6 15.8 16.8 16.7 16.7 14.8 14.6 14.2 14.1 13.1 12.8 12.3 11.4 10.3 10.6 10.3 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 16.0 18.0 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020MTCO2e 518 Saratoga Greenhouse Gas Emissions Inventory 7 FIGURE 4: ELECTRICITY EMISSIONS N ATURAL G AS U SE Natural gas is used in residential, commercial, and industrial buildings to provide space and water heating and power appliances. Use of natural gas is highly variable depending on weather conditions. This variability has led natural gas use consumption in Saratoga to fluctuate from year to year, from a high of 10.42 million therms in 2009 to a low of 7.27 million therms in 2014. Emissions from natural gas consumption were flat between 2019 and 2020. Overall, natural gas use and emissions have declined 5% since 2005. Reduction in energy use may be attributed to energy efficiency programs and rebates, the City’s green building ordinances, and State building codes. FIGURE 5: NATURAL GAS EMISSIONS 0 10,000 20,000 30,000 40,000 50,000 0 20,000,000 40,000,000 60,000,000 80,000,000 100,000,000 120,000,000 140,000,000 160,000,000 180,000,000 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 MTCO2ekWhsElectricity Use Electricity Emissions 0 10,000 20,000 30,000 40,000 50,000 60,000 0 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 MTCO2eThermsNatural Gas Use Natural Gas Emissions 519 Saratoga Greenhouse Gas Emissions Inventory 8 T RANSPORTATION Transportation activities accounted for approximately half Saratoga’s emissions in 2020. According to the transportation model and annual data the City uses to calculate passenger and commercial vehicle miles, vehicle miles traveled (VMT) have are essentially flat since 2005 and did not change between 2019 and 2020. However, this data may not accurately reflect recent trends. The transportation model has not been updated for several years (it is currently being revised), and the annual data the City uses to adjust the model’s output provides vehicle counts on state highways but not local roads, where the pandemic most likely reduced VMT. Transportation emissions have decreased 20% due to more fuel-efficient and alternatively fueled cars (Figure 6). As shown in Figure 7, most transportation emissions come from passenger vehicles, accounting for 95% of transportation emissions in 2020. Santa Clara County continues to be a leader in zero emission vehicles (ZEVs) with 86,809 ZEVs in the county at the end of 2021, or about 6% of registered automobiles. ZEVs include battery electric cars, plug-in hybrid electric cars, hydrogen fuel cell cars, and zero-emission motorcycles. Saratoga had 3,370 ZEVs by the end of 2021, representing 12.2% of all light-duty vehicles. FIGURE 6: VEHICLE MILES TRAVELED AND TRANSPORTATION EMISSIONS FIGURE 7: TRANSPORTATION EMISSIONS BY VEHICLE TYPE 0 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 0 20,000,000 40,000,000 60,000,000 80,000,000 100,000,000 120,000,000 140,000,000 160,000,000 180,000,000 2005 20062007200820092010201120122013201420152016 2017201820192020 MTCO2eMilesTransportation VMT Transportation Emissions Passenger Vehicles 95% Commercial Vehicles 4% Public Transportation 1% 520 Saratoga Greenhouse Gas Emissions Inventory 9 While it is difficult to pinpoint exactly how each land use and transportation policy affects emissions, the City has undertaken many efforts to reduce transportation emissions. The City encourages workforce housing and has made it easier for residents to use carbon-free modes of transportation, such as bicycling and walking, through improvements to the transportation network. W ASTE D ISPOSAL Landfilled waste (including alternative daily cover)4 decreased 18% between 2019 and 2020 and was 15% below the 2005 level in 2020. Emissions from waste disposal decreased 27% since 2005 due to the lower organic content of landfilled waste and material used for alternative daily cover FIGURE 8: DISPOSED WASTE AND EMISSIONS 4 Alternative daily cover is cover material other than earthen material placed on the surface of the active face of a municipal solid waste landfill at the end of each operating day to control vectors, fires, odors, blowing litter, and scavenging. 0 1,000 2,000 3,000 4,000 5,000 0 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 18,000 20,000 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 MTCO2eTonsDisposed Waste Waste Emissions 521 Saratoga Greenhouse Gas Emissions Inventory 10 W ATER USE Per capita water use declined 24% since 2005. Emissions, which are based on an estimate of energy used to pump, treat, and convey water from the water source to the City limits, dropped 100% between 2005 and 2020 due to the water suppliers’ use of SVCE electricity. FIGURE 9: PER CAPITA WATER USE FIGURE 10: WATER USE AND EMISSIONS 143 143 150 148 137 129 129 132 136 121 96 92 98 100 98 108 0 20 40 60 80 100 120 140 160 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020Gallons Per Capita Per Day0 200 400 600 800 1,000 1,200 1,400 1,600 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2017 2018 2019 2020 MTCO2eMillion GallonsWater Use Water Emissions 522 Saratoga Greenhouse Gas Emissions Inventory Appendix A-1 APPENDIX Community GHG Emissions Summary Table Jurisdiction: City of Saratoga Inventory Year: 2020 Population: 31,204 (CA Department of Finance) Date Prepared: October 16, 2022 Number of Households: 10,830 (CA Department of Finance) Reporting Framework: Communitywide Activities ID Emissions Type Source or Activity Included, Required Activities Included, Optional Activities Excluded (IE, NA, NO or NE) Notes Emissions (MTCO2e) 1.0 Built Environment 1.1 Use of fuel in residential and commercial stationary combustion equipment Both ●45,870 1.2 Industrial stationary sources Source NE 1.3 Power generation in the community Source NO 1.4 Use of electricity in the community Activity ●2,448 1.5 District heating/cooling facilities in the community Source NE 1.6 Use of district heating/cooling facilities in the community Activity NE 1.7 Industrial process emissions in the community Source NE 1.8 Refrigerant leakage in the community Source NE 2.0 Transportation and Other Mobile Sources 2.1 On-road passenger vehicles operating within the community boundary Source IE Obtained data for preferred activity- based method instead 2.2 On-road passenger vehicles associated with community land uses Activity ●53,765 2.3 On-road freight and service vehicles operating within the community boundary Source IE Obtained data for preferred activity- based method instead 2.4 On-road freight and service vehicles associated with community land uses Activity ●2,401 2.5 On-road transit vehicles associated with community land uses Activity ●243 2.6 Transit rail vehicles operating with the community boundary Source NO 2.7 Use of transit rail travel by the community Activity NE 2.8 Inter-city passenger rail vehicles operating within the community boundary Source NO 523 Saratoga Greenhouse Gas Emissions Inventory Appendix A-2 2.9 Freight rail vehicles operating within the community boundary Source NE Freight rail crosses Saratoga but does not stop within the City. 2.10 Marine vessels operating within the community boundary Source NO 2.11 Use of ferries by the community Activity NE 2.12 Off-road surface vehicles and other mobile equipment operating within the community boundary Source ●2,869 2.13 Use of air travel by the community Activity NE 3.0 Solid Waste 3.1 Operation of solid waste disposal facilities in the community Source NO 3.2 Generation and disposal of solid waste by the community Activity ●3,500 4.0 Water and Wastewater 4.1 Operation of water delivery facilities in the community Source IE Energy use is included in 1.1 and 1.4. 4.2 Use of energy associated with use of potable water by the community Activity ●0 4.3 Use of energy associated with generation of wastewater by the community Activity ●457 4.4 Process emissions from operation of wastewater treatment facilities located in the community Source NO 4.5 Process emissions associated with generation of wastewater by the community Activity ●147 4.6 Use of septic systems in the community Source ●39 5.0 Agriculture 5.1 Domesticated animal production Source NE 5.2 Manure decomposition and treatment Source NE 6.0 Upstream Impacts of Communitywide Activities 6.1 Upstream impacts of fuels used in stationary applications by the community Activity NE 6.2 Upstream and transmission and distribution (T&D) impacts of purchased electricity used by the community Activity ●Included in 1.3 above. 6.3 Upstream impacts of fuels used by water and wastewater facilities for water used and wastewater generated within the community boundary Activity NE 6.4 Upstream impacts of select materials (concrete, food, paper, carpets, etc.) used by the whole community. Activity NE Legend IE – Included Elsewhere: Emissions for this activity are estimated and presented in another category of the inventory. NE – Not Estimated: Emissions occur but have not been estimated or reported (e.g., data unavailable, effort required not justifiable). NA – Not Applicable: The activity occurs but does not cause emissions. NO – Not Occurring: The source or activity does not occur or exist within the community. 524 Saratoga Greenhouse Gas Emissions Inventory Appendix A-3 Community Emissions Data Sources and Calculation Methodologies Sector/ID Emissions Source Source and/or Activity Data Emission Factor and Methodology 1.0 Built Environment 1.1 Stationary Combustion Stationary Combustion (CO2,CH4 & N2O) Known fuel use (meter readings by PG&E) and estimated fuel use (American Community Survey 5-Year Estimates and U.S. Energy Information Administration Household Site Fuel Consumption data.) Default CO2,CH4 & N2O emission factors by fuel type (U.S. Community Protocol v. 1.1 Tables B.1 and B.3). U.S. Community Protocol v. 1.1 Method BE.1.1 and BE.1.2. 1.4 Electricity Use Electricity Use (CO2, CH4 & N2O) Known electricity use (meter readings by PG&E and Silicon Valley Clean Energy) and direct access electricity consumption as reported by PG&E. Non-government direct access usage failed the 15/15 rule for years 2005- 2016 and was estimated using reported 2017 data. PG&E non-government commercial usage failed the 15/15 rule for year 2020 and was estimated using data from 2019. Verified utility-specific emission factors (PG&E) and eGrid subregion default emission factors. SVCE is GHG- free. U.S. Community Protocol v. 1.1 Method BE.2.1 Electric Power Transmission and Distribution Losses (CO2, CH4 & N2O) Estimated electricity grid loss for Western region from eGrid.U.S. Community Protocol v. 1.1 Method BE.4.1 2.0 Transportation and Other Mobile Sources 2.2 On-Road Passenger Vehicle Operation On-Road Mobile Combustion (CO2) Estimated passenger vehicle miles traveled associated with origin and destination land uses (Metropolitan Transportation Commission, http://capvmt.us-west-2.elasticbeanstalk.com/data), accessed 10/14/22. CO2 for on-road passenger vehicles quantified in the EMFAC2021 v..1.0.1 model. Passenger vehicle emissions calculated according to U.S. Community Protocol v. 1.1 Method v.1.0.1 TR.1.A. On-Road Mobile Combustion (CH4 & N2O) Estimated vehicle miles traveled associated with origin and destination land uses (Metropolitan Transportation Commission, http://capvmt.us- west-2.elasticbeanstalk.com/data). CH4 and N2O for on-road passenger vehicles quantified in the EMFAC2021 v.1.0.1 model and adjusted for IPCC AR5 100-year values. Passenger vehicle emissions calculated according to U.S. Community Protocol v. 1.1 Method TR.1.A. 2.4 On-Road Freight and Service Truck Freight Operation On-Road Mobile Combustion (CO2) Estimated commercial vehicle miles traveled within the boundary (Metropolitan Transportation Commission). CO2 for on-road commercial vehicles quantified in the EMFAC2021v.1.0.1 model. Emissions allocated utilizing LEHD data according to U.S. Community Protocol v. 1.1 Method TR.2.A. On-Road Mobile Combustion (CH4 & N2O) Estimated commercial vehicle miles traveled within the boundary (Metropolitan Transportation Commission). CH4 and N2O for on-road commercial vehicles quantified in the EMFAC2021 v.1.0.1 model and adjusted for IPCC AR5 100-year values. Emissions allocated utilizing LEHD data according to U.S. Community Protocol v. 1.1 Method TR.2.A. 2.5 On-Road Transit Operation On-Road Mobile Combustion (CO2) Estimated fuel consumption from estimated route VMT within the jurisdictional boundary and estimated fuel economy for buses on routes 26, 37, 53, 57 and 58 operated by the Santa Clara Valley Transportation Authority. 2018 data used as a proxy for years 2005-2016. VMT adjusted for COVID-19 impacts according to district-wide service level data. CO2 emissions calculated according to U.S. Community Protocol v. 1.1 Method TR.4.A. 525 Saratoga Greenhouse Gas Emissions Inventory Appendix A-4 On-Road Mobile Combustion (CH4 & N2O) Estimated VMT within the jurisdictional boundary for buses on routes 26, 37, 53, 57 and 58 operated by the Santa Clara Valley Transportation Authority. 2018 data used as a proxy for years 2005-2016. VMT adjusted for COVID-19 impacts according to district-wide service level data. CH4 and N2O emissions calculated according to U.S. Community Protocol v. 1.1 Method TR.4.B. 2.12 Off-Road Vehicles and Equipment Off-Road Mobile Combustion (CO2) Estimated fuel use from OFFROAD2021 v.1.0.3 for Lawn and Garden (all categories), Recreational Equipment (golf carts only), Light Commercial, and Construction equipment. All categories are allocated by share of countywide households. CO2 emissions calculated according U.S. Community Protocol v. 1.1 Method TR.8. Emission factors provided in Table TR.1.6. Off-Road Mobile Combustion (CH4 & N2O) Estimated fuel use from OFFROAD2021 v.1.0.3 for Lawn and Garden (all categories), Recreational Equipment (golf carts only), Light Commercial, and Construction equipment. All categories are allocated by share of countywide households. CH4 and N2O emissions calculated according to U.S. Community Protocol v. 1.1 Method TR.8. Emission factors provided in the Local Government Operations Protocol Table G.11 and G.14. 3.0 Solid Waste 3.2 Solid Waste Generation and Disposal Fugitive Emissions from Landfilled Waste (CH4) Estimated landfilled tons based on reporting to CalRecycle by Saratoga. Waste characterization estimated based on the Statewide Waste Characterization Study (2008, 2014, and 2018) and Alternative Daily Cover by Jurisdiction of Origin and Material Type as reported to CalRecycle. Emission factors calculated utilizing U.S. Community Protocol for Accounting and Report of Greenhouse Gas Emissions, Version 1.1, July 2013, Appendix E, Method SW.4. 4.0 Water and Wastewater 4.2 Energy Use for Water Electricity Use (CO2, CH4 & N2O) Water consumption estimated from District-wide gallons per capita per day data provided by San Jose Water Company. Estimated electricity use from "Embedded Energy in Water Studies, Study 2: Water Agency and Function Component Study and Embedded Energy-Water Load Profiles" Appendix B prepared for the California Public Utilities Commission (2010). Verified utility-specific emission factors (PG&E) and eGrid subregion default emission factors. Emissions calculated according to U.S. Community Protocol v. 1.1 Method WW.14 and includes T&D losses calculated according to Method BE.4.1. 4.3 Energy Use for Wastewater Electricity Use (CO2, CH4 & N2O) Known electricity consumption from San Jose-Santa Clara Regional Wastewater Facility. 2016 data used as a proxy for years 2005-2015. Verified utility-specific emission factors (PG&E). Emissions allocated based on share of service population. Emissions calculated according to U.S. Community Protocol v. 1.1 Method WW.15 and includes T&D losses calculated according to Method BE.4.1. Stationary Combustion for Wastewater (CO2 CH4 & N2O) Known natural gas consumption from San Jose-Santa Clara Regional Wastewater Facility. 2016 data used as a proxy for years 2005-2015. Default CO2,CH4 & N2O emission factors by fuel type (U.S. Community Protocol v. 1.1 Tables B.1 and B.3). Emissions allocated based on share of service population. Emissions calculated according to U.S. Community Protocol v. 1.1 Method WW.15. 4.5 Treatment of Wastewater Stationary Emissions from Combustion of Digester Gas (CH4) Known amount of digester gas produced per day and percent of methane in digester gas. 2005 data provided by San Jose-Santa Clara Regional Wastewater Facility used as a proxy for years 2006-2010. 2016 data provided by San Jose-Santa Clara Regional Wastewater Facility used as a Emissions calculated according to U.S. Community Protocol v. 1.1 Method WW.1.a. 526 Saratoga Greenhouse Gas Emissions Inventory Appendix A-5 proxy for years 2011-2015. Stationary Emissions from Combustion of Digester Gas (N2O) Known amount of digester gas produced per day and percent of methane in digester gas. 2005 data provided by San Jose-Santa Clara Regional Wastewater Facility used as a proxy for years 2006-2010. 2016 data provided by San Jose-Santa Clara Regional Wastewater Facility used as a proxy for years 2011-2015. Emissions calculated according to U.S. Community Protocol v. 1.1 Method WW.2.a. Process Emissions from Wastewater Treatment Plant with Nitrification or Denitrification Estimated population served by wastewater treatment plant. 2016 data provided by San Jose-Santa Clara Regional Wastewater Facility used as a proxy for years 2005-2015. Emissions calculated according to U.S. Community Protocol v. 1.1 Method WW.7. Fugitive Emissions from Effluent Discharge (N2O) Estimated population served by wastewater treatment plant. 2016 data provided by San Jose-Santa Clara Regional Wastewater Facility used as a proxy for years 2005-2015.Assumed significant industrial or commercial input. Emissions calculated according to U.S. Community Protocol v. 1.1 Method WW.12. 4.6 Septic Systems Fugitive Emissions from Septic Systems (CH4) Estimated number of septic systems within jurisdictional boundary based on information from Cupertino Sanitary District, West Valley Sanitation District, and Santa Clara County Department of Health. 2018 data used as a proxy for 2005-2017. Population estimated using average household population estimate from Department of Finance Report E-5 Population and Housing Estimates for Cities, Counties, and the State, January 1, 2011- 2018. 2016 data used as a proxy for 2005-2020. Emissions calculated according to U.S. Community Protocol v. 1.1 Method WW.11(alt). 6.0 Upstream Impacts of Community-wide Activities 6.1 Emissions from Electric Power Transmission and Distribution Electricity Use (CO2, CH4 & N2O) Western Region T&D losses estimated in U.S. EPA’s eGrid reports.Emissions calculated according to U.S. Community Protocol v. 1.1 Method B.4.1. 527 ATTACHMENT C: 2020 GHG INVENTORY SUMMARY OF REDUCTIONS Built Environment- Electricity sector represents emissions generated from the use of electricity in Saratoga homes and commercial, industrial, and governmental buildings and facilities. Data shows that electricity consumption decreased 94% since 2005. This is primarily due to PG&Es increase of renewable energy. In 2020, PGE electricity came from a mix of renewable (31%), large hydroelectric (10%), nuclear (43%), and natural gas (15) emergency sources and was 84% GHG-free. Additionally, Silicon Valley Clean Energy (SVCE) began providing 100% GHG-free electricity to Saratoga customers in April 2017. Built Environment- Natural Gas sector represents emissions generated from the use of natural gas in Saratoga homes and commercial, industrial, and governmental buildings and facilities. Use of natural gas is highly variable depending on weather conditions. Emissions from natural gas consumption were flat between 2019 and 2020 but overall has declined 5% since 2005. Transportation sector includes tailpipe emission from passenger vehicle trips originating and or ending in Saratoga, and tailpipe emissions generated by medium and heavy-duty vehicles traveling on Santa Clara roads based on the City’s share of certain truck generating industries. Electricity used to power electric vehicles is embedded in electricity consumption reported in the Electricity Sector. Transportation accounts for approximately half of Saratoga’s emissions in 2020. According to the transportation model and annual data Saratoga uses to calculate passenger and commercial vehicle miles, vehicle miles traveled (VMT) are essentially flat since 2005 and did not change between 2019 and 2020. Note that the transportation model has not been updated for several years and is currently being revised. Transportation emissions have decreased 20% from 2005-2020 due to more fuel-efficient and alternatively fueled cars, and in Saratoga, 95% of transportation emissions come from passenger vehicles. Waste sector represents fugitive methane emissions that are generated over time as organic material decomposes in the landfill. Although most methane is captured or flared off at the landfill, approximately 25% escapes into the atmosphere. In Saratoga, landfill waste decreased 15% between 2019 and 2020 and was 27% below 2005 level in 2020. The recent reduction of organic waste in landfills can be directly attributed to state laws requiring businesses to recycle organics and requiring local governments to offer organic waste services and recycling containers. The Off-Road sector represents emissions from the combustion of gasoline, diesel, and other fuels from the operation of off-road vehicles and equipment used for light commercial, construction, recreation, and landscape maintenance. Data shows a decrease of 15% from 2005-2020. Wastewater sector represents stationary, process and fugitive greenhouse gases that are created during the treatment of wastewater generated by the community and emissions created from energy used to process wastewater. It also includes fugitive emissions from 528 ATTACHMENT C: 2020 GHG INVENTORY SUMMARY OF REDUCTIONS septic systems present within Saratoga’s city limits. Data shows a decrease of 21% from 2005-2020. Water sector represents emissions from energy used to pump, convey, treat and distribute portable water from the water source to Saratoga. In Saratoga, per capita used declined 24% since 2005. Emissions, which are based on an estimate of energy used to pump, treat, and convey water from the water source to the City limits, dropped 100% between 2005 and 2020 due to the water suppliers’ use of SVCE electricity. 529 ATTACHMENT D: CITY’S LEADERSHIP EFFORTS 2020-2022 EFFORTS Low Carbon Transportation Designedthe construction of the Blue Hills Elementary Pedestrian Crossing Projectat Union Pacific Railroad crossings to connect two neighborhoods and upgrading four additional railroad crossings to improve and encourage pedestrian and bike activities in Saratoga. Adopted a Safe Routes to School Master Plan to improve pedestrian and bicycle safety and to encourage biking and walking to school. Developed Electric Vehicle (EV) Charging Program Future Fit Assist Plan to help apply for future EV charger grants. Installed two, dual-port Level 2 chargers for City employees at City Hall to encourage the use of electric vehicles. Developed a telecommuting policy allowing eligible employees to work from home. Renewable Energy Updated the Saratoga Building Code advancing electrification measures adopted in the 2019 code by: 1) requiring the use of electrical appliances, except for cooking appliances, in all building interiors, including accessory dwelling units, 2) 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. Installed a battery back-up system using the Silicon Valley Clean Energy Community Resilience grant for all traffic lights in the event of a power outage. Waste Reduction Implementation of the Saratoga Mandatory Organic Waste Disposal Reduction Ordinance by planning the upgrade of all trash enclosures to include organic waste bins as part of the Village Parking District Improvement project. Adopted the Mandatory Organic Waste Disposal Reduction Ordinance in compliance with Senate Bill 1383, which requires local agencies to provide organic recycling services and organic waste carts and bins for all businesses and residents. Water Conservation Requiring the installation of graywater ready plumbing systems and installation of hot water recirculation systems in new construction through the recent Building Code update. Reducing water usage by 12% from 2019 water use to support the recommendations stated in the Santa Clara Valley Water District’s declaration of Water Shortage Emergency Condition in Santa Clara County. The City will reduce water usage by 10% systemwide and convert additional grass to native landscaping to achieve a total estimated savings of 3.6 gallons per year or 12% of the City’s 2019 water usage. 530 Saratoga Climate Action Plan 2030 Annual Review Public Works Department 1 531 •City Council adopted the Saratoga Climate Acton Plan (CAP) in December 2020. •The CAP contains local strategies to reduce emissions 42% below 1990 emissions in 2030 and to exceed the State’s 2030 goal of 40% below 1990 emissions in 2030. Saratoga Climate Action Plan 2030 532 •The 2017 GHG Inventory showed: Half of Saratoga’s community emissions comes from transportation. Residential emissions, generated from the use of electricity, natural gas, and propane in Saratoga homes, was the second largest source of greenhouse gas emissions in Saratoga. Significant Emissions 533 •Transportation Support electric vehicle charger infrastructure and encourage zero emissions vehicle ownership through incentives. •Natural Gas: Encourage energy efficiency upgrades and adopt more energy efficiency standards, such as Code adopted in 2019 and the upcoming 2022 reach code, for new construction and remodels. Impactful Strategies to Reduce Emissions 534 Emissions By Sector in 2020 Built Environment - Electricity 2% Transportation 50% Waste 3% Off-Road 4% Water & Wastewater <1% Built Environment -Natural Gas 41% 535 Saratoga GHG Emissions Trend •The inventory shows that the Saratoga community has reduced emissions 33% since 2005, which is equivalent to 27% below estimated 1990 levels. 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 180,000 200,000 1990 (est.)2005200620072008200920102011201220132014201520162017201820192020MTCO2e2030 Goal 2045 State Mitigation Goal 536 Electricity Emissions •Electricity in homes and businesses decreased 17% between 2005-2020 and greenhouse gas emissions from electricity consumption decreased 94% since 2005. •In 2020, PG&E electricity came from a mix of renewable (31%), large hydroelectric (10%), nuclear (43%), and natural gas (16%) energy sources and was 84% GHG-free. 0 10,000 20,000 30,000 40,000 50,000 0 20,000,000 40,000,000 60,000,000 80,000,000 100,000,000 120,000,000 140,000,000 160,000,000 180,000,000 2005200620072008200920102011201220132014201520162017201820192020MTCO2ekWhsElectricity Use Electricity Emissions 537 Natural Gas Use 0 10,000 20,000 30,000 40,000 50,000 60,000 0 2,000,000 4,000,000 6,000,000 8,000,000 10,000,000 12,000,000 2005200620072008200920102011201220132014201520162017201820192020MTCO2eThermsNatural Gas Use Natural Gas Emissions •Natural Gas consumption is variable due to weather conditions. Emissions from natural gas consumptions was flat between 2019 and 2020. Overall, natural gas use and emissions have declined since 2005. •Reduction in energy use may be attributed to energy efficiency programs and rebates, the City’s green building ordinance, and State building codes. 538 VMT and Transportation Emissions •Vehicle miles traveled have remained flat since 2005 and did not change between 2019 and 2020. •Transportation emissions have decreased 20%; due to more fuel-efficient and alternatively fueled cars. •At the end of 2021, Santa Clara County had 86,809 Zero Emission Vehicles (ZEVs), of which Saratoga had 3,370 ZEVs. 0 10,000 20,000 30,000 40,000 50,000 60,000 70,000 80,000 0 20,000,000 40,000,000 60,000,000 80,000,000 100,000,000 120,000,000 140,000,000 160,000,000 180,000,000 2005200620072008200920102011201220132014201520162017201820192020MTCO2eMilesTransportation VMT Transportation Emissions 539 Waste Disposal •Landfill waste decreased 18% between 2019 and 2020 and was 15% below 2005 level in 2020. •Emissions from waste disposal decreased 27% since 2005 due to the lower organic content of landfilled waste and material used for alternative daily cover.0 1,000 2,000 3,000 4,000 5,000 0 2,000 4,000 6,000 8,000 10,000 12,000 14,000 16,000 18,000 20,000 2005200620072008200920102011201220132014201520162017201820192020MTCO2eTonsDisposed Waste Waste Emissions 540 •Emissions, which are based on estimate of energy used to pump, treat, and convey water from the water source to the City limits, dropped 100% between 2005 and 2020. The additional reduction is due to the lower carbon intensity of SVCE and PG&E electricity. Water Use and Emissions 0 200 400 600 800 1,000 1,200 1,400 1,600 0 200 400 600 800 1,000 1,200 1,400 1,600 1,800 MTCO2eMillion GallonsWater Use Water Emissions 541 •The CAP contains eight categories of local mitigation strategies to support the Saratoga community in reducing emissions over time. •Low Carbon Transportation •Renewable Energy •Energy Efficiency •Waste Reduction •Water Conservation. •Carbon Sequestration •Adaptation •Community Engagement •The City is chipping away at the local mitigation strategies. Local Mitigation Strategies 542 •Low Carbon Transportation Santa Clara County continues to be a leader in zero emission vehicles (ZEV), Saratoga community members represent 12.2%of all light-duty vehicles. •Renewable Energy Saratoga is working to update its Building Code which would require the use of electrical appliances,except for cooking appliances,in all building interiors, including accessory dwelling units. Local Mitigation Strategies 543 •Water Conservation The Building Code update would also require installation of graywater readyplumbingsystemsandhotwaterrecirculationsystemsinnewconstruction,whichwillimprovetheareaofWaterConservation. •Community Engagement Partner with West Valley Solid Waste Authority to do conduct education outreach onrecyclingorganicwaste. Partner with Silicon Valley Clean Energy to encourage electrification. Conduct educational outreach regarding new City reach codes and possible grantopportunitiesfromregionalagenciestoinstallEVchargersatbusinessesorhomes. Local Mitigation Strategies 544 •The City also continues to implement programs and projects that improve theenvironmentaspartofitscommitmentandleadershiptowardsustainablepractices. •Details of the City’s leadership efforts since the adoption of its CAP are listed inAttachmentD. •Current efforts include the following: Improve and encourage pedestrian and bike activities with projects such as Blue Hills ElementaryPedestrianCrossingProjectandtheSafeRoutestoSchoolMasterPlan. Search for grants to help pay for the installment of Electric Vehicle Chargers at public ownedparkinglots. Offer a telecommuting policy allowing eligible employees to work from home. Update the Saratoga Building Codes to advance electrification measures. Implement the Saratoga Mandatory Organic Waste Disposal Reduction Ordinance. Reduce water usage systemwide and convert grass to native landscaping. City’s Leadership Efforts 545 •City staff will continue to collaborate and explore ways to encourage more zero emission vehicles and adopt more energy efficiency standards to make impactful emission reductions in the CAP over the near and long term. •Staff will provide the next annual report in the 2023. Conclusion 546 SARATOGA CITY COUNCIL MEETING DATE:November 16, 2022 DEPARTMENT:City Manager’s Department PREPARED BY:Crystal Bothelio, Assistant City Manager SUBJECT:Response to 2022 Civil Grand Jury of Santa Clara County Report “If You Only Read the Ballot, You’re Being Duped” RECOMMENDED ACTION: Approve the draft response to the 2022 Civil Grand Jury of Santa Clara County Report “If You Only Read the Ballot, You’re Being Duped.” BACKGROUND: On October 7, 2022, the Civil Grand Jury of Santa Clara County released a report titled “If You Only Read the Ballot, You’re Being Duped.”The report evaluated the clarity of ballot measure questions and proposes that an oversight person or body be empowered to review and reject the wording of ballot questions if deemed to be false, misleading, or partial to one side. The City of Saratoga and other jurisdictions that may place measures on the ballot are required to submit a response to certain findings and recommendations no later than January 5, 2023. Once approved by the City Council, the draft response will be signed by the Mayor and submitted to the Grand Jury of Santa Clara County. ATTACHMENTS: Attachment A –City of Saratoga Draft Response Attachment B –Civil Grand Jury Report “If You Only Read the Ballot, You’re Being Duped” 547 Incorporated October22, 1956 CITY OF SARATOGA 13777 FRUITVALE AVENUE • SARATOGA, CALIFORNIA 95070 • (408) 868-1200 COUNCIL MEMBERS: Mary-Lynne Bernald Kookie Fitzsimmons Rishi Kumar Tina Walia Yan Zhao November 16, 2022 Honorable Beth McGowen Presiding Judge Office of the Civil Grand Jury Superior Court of Santa Clara County 191 North First Street San Jose, CA 95113 Subject: 2022 Civil Grand Jury of Santa Clara County Report “If You Only Read the Ballot, You’re Being Duped” Dear Judge McGowen, Thank you for the opportunity to review and respond to the 2022 Civil Grand Jury of Santa Clara County Report “If You Only Read the Ballot, You’re Being Duped.” Please find the enclosed responses to the findings and recommendations in the report on ballot measure questions. The responses were approved by the City Council at the November 16, 2022 City Council Meeting. Sincerely, Tina Walia Mayor, City of Saratoga 548 City of Saratoga Response to Findings & Recommendations 2022 Civil Grand Jury of Santa Clara County Report “If You Only Read the Ballot, You’re Being Duped” FINDING 1 The Civil Grand Jury finds that in the current environment, which is unregulated at the local level, it is easy for the author of a ballot measure question to write the question in a way that is confusing or misleading to voters. Response: Partially Agree. While there is some discretion in preparing local ballot measure questions, either submitted by a jurisdiction or through a citizen initiative or referendum, the City disagrees with the portion of the finding that states it is easy to write question in a way that is confusing or misleading to voters because as referenced in the Civil Grand Jury report the California Elections Code clearly sets the expectation that ballot questions should be true and impartial in a manner that does not create prejudice or serve as an argument for or against the proposed measure and sets forth a mechanism to correct arguments that are misleading. RECOMMENDATION 1B Governing entities within Santa Clara County should voluntarily submit their ballot questions to the County Counsel for review prior to submission to the Registrar of Voters, unless and until Recommendation 1d is implemented. Response: As noted in the Grand Jury report, California Elections Code does provide an option for recourse if a ballot question falls short of the requirements set forth in State law. The Civil Grand Jury only identified two instances of misleading ballot questions in Santa Clara County but noted a number of concerns within the wider Bay Area region. This indicates that amendments to the California Elections Code may be a better way to address poorly written ballot questions. For this reason, the recommendation will not be implemented because it is not warranted or is not reasonable. RECOMMENDATION 1C Governing entities within Santa Clara County should, by March 31, 2023, adopt their own resolution or ordinance to require submission of their ballot questions to the County Counsel for review prior to submission to the Registrar of Voters, unless and until Recommendations 1d and 1e are implemented. Response: The California Elections Code sets very clear and specific deadlines for submittal of measures to be considered by voters during an election. While some ballot questions are developed well in advance of these deadlines, current deadlines in 549 the Elections Code already made it difficult to place a measure on the ballot to address unexpected issues of community concern in a timely manner. Adding the time required for a third-party review of ballot questions exacerbates these timing constraints and essentially eliminates the possibility of putting forth a measure to address emerging issues. For this reason, the recommendation will not be implemented because it is not warranted or is not reasonable. RECOMMENDATION 1E Governing entities within Santa Clara County should submit their ballot questions for review by the Good Governance in Ballots Commission pursuant to Recommendation 1d. Response: All measures placed before voters in Saratoga by the City Council in recent years have been brought forward by interested community members who have identified a need for voters to weigh in on a topic of community interest, thereby saving residents the time and trouble of navigating the onerous initiative process. This practice has helped ensure Saratoga’s elected officials can be responsive to the needs and interests of the residents they serve. Furthermore, ballot questions and measure language are decided in a public forum, ensuring that the community can weigh in on problematic wording in a way not contemplated by the California Elections Code or the Civil Grand Jury. Additionally, this historical practice helps ensure ballot questions address community priorities in a manner that is easy for all Saratoga voters to understand. The formation of a Good Governance in Ballots Commission with the authority to review and revise ballot questions would strip local elected officials of a critical tool used to address priorities in a matter that is reflective of and responsive to the community. For this reason, the recommendation will not be implemented because it is not warranted or is not reasonable. 1584537.1 550 Release date here Page 0 of 23 IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED 2022 Santa Clara County Civil Grand Jury October 7, 2022 551 Page 1 of 23 IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED T ABLE OF CONTENTS GLOSSARY AND ABBREVIATIONS..........................................................................................2 SUMMARY .....................................................................................................................................4 BACKGROUND .............................................................................................................................5 METHODOLOGY ..........................................................................................................................6 INVESTIGATION ...........................................................................................................................6 CONCLUSION ..............................................................................................................................16 FINDINGS AND RECOMMENDATIONS..................................................................................17 REQUIRED RESPONSES ............................................................................................................19 REFERENCES ..............................................................................................................................21 552 Page 2 of 23 IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED GLOSSARY AND ABBREVIATIONS Attorney General The chief law officer who represents a state in legal proceedings. Ballot Card The printed ballot, usually on high-grade paper, consisting of the ballot questions and names of individuals running for elected office. Ballot Measure Ballot measures are proposals, usually at a county or local level, to enact new laws or repeal existing laws, which are placed on the ballot for approval or rejection by the electorate. Ballot Proposition Ballot propositions are proposals, usually at the state level, to enact new laws or constitutional amendments or repeal existing laws or constitutional amendments, which are placed on the ballot for approval or rejection by the electorate. Ballot Question or Ballot Label Boards and Commissions For purposes of this report, Ballot Question or Ballot Label means the 75-word or less statement of a measure that precedes “Yes” or “No” on the ballot card. Boards and Commissions are made up of residents who volunteer their time and expertise to assist and advise governing bodies in the chosen capacity. Caselaw Law or legal precedent established by the outcome of court cases. County Counsel or Office of the County Counsel The County Counsel is the chief legal advisor and representative for the county, including the county board of supervisors and all county agencies and departments. Elections Code A collection of California laws related to public elections. 553 Page 3 of 23 IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED Governing Entity A jurisdiction such as a city, county, school district, special district, or political subdivision. Home Rule The right of self-government that is granted by state constitution or statute to give autonomy to a local government. Home Rule implies that each level of government has a separate realm of authority. Public Opinion Pollsters Registrar of Voters Opinion polls are designed to represent the opinions of a population by conducting a series of questions and then extrapolating generalities in ratio or within confidence intervals. A person who conducts polls is referred to as a pollster. The department responsible for the operation, administration, and direction of the elections department, with primary responsibility for the registration of voters, the holding of elections, and all matters pertaining to elections. Single Subject Rule Per Article II, Section 8(d) of the California Constitution, “An initiative measure embracing more than one subject may not be submitted to the electors or have any effect.” Essentially, the rule stands for the notion that where an initiative embraces more than one subject, it can neither be submitted to, nor enacted by, the voters. Term Limits A specified number of terms (in years) that a person in office is allowed to serve. Writ of Mandate In California, writs of mandate are used by superior courts, courts of appeal, and the Supreme Court to command lower bodies, including both courts and government agencies, to do or not to do certain things. 554 Page 4 of 23 IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED SUMMARY It is not uncommon for the public to be confronted daily with news and information through multiple sources—traditional television programming, 24/7 cable news, satellite radio, social media, and phone alerts. In the context of elections, voters’ busy lives can be overwhelmed with many different voices. County and state voter information guides are required by law to be mailed to every registered voter, but voters today do not have a lot of time to read these resources. As a result, the ballot measure question printed on the ballot itself becomes a key factor in the outcome of an election. There is an expectation in California law that ballot questions be drafted in a manner that is not false, misleading, or partial to one side.1 But there are ways to work around it. Among the fifty or so jurisdictions in Santa Clara County that are eligible to put forth a ballot measure, the 2022 Santa Clara County Civil Grand Jury (Civil Grand Jury) has seen ballot question language that is confusing, advocacy-oriented, or simply dishonest. Yes, sometimes voters are being deceived. Many voters cannot comprehend the complicated language or the implications of that "yes” or "no” vote. In a perfect world, voters would have the luxury of time to research these issues. In reality, however, voters almost always rely on the language of the ballot measure question itself. What can be done about this? The Civil Grand Jury proposes an oversight person or body, one who has taken an oath to act with integrity, is well versed in the requirements of the law, and is empowered to review and to reject ballot question wording that is false, misleading, or partial to one side. Santa Clara County should have a climate whereby governing entities in Santa Clara County are discouraged from using dishonest or deceitful wording in a ballot question, especially when they know it will be reviewed and could be rejected. In so doing, due process will be strengthened. With clearer writing, ballot measure questions will be more transparent and straightforward, which will lead to a better perception of government by the voters. It is time to remove impediments to good governance. 1 California Elections Code section 10403 requires a ballot question to “conform to this code governing the wording of propositions submitted to the voters at a statewide election.” The California Elections Code contains Section 9051, which provides that in a statewide election the ballot title and summary of an initiative or referendum must be a “true and impartial statement of the purpose of the measure in such language that the ballot title and summary shall neither be an argument, nor be likely to create prejudice, for or against the proposed measure.” (Elec. C. §9051(c); see also, McDonough v. Superior Ct. (2012) 204 Cal. App. 4th 1169, 1172.) 555 Page 5 of 23 IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED BACKGROUND Ballot measures or ballot propositions are proposals to enact new laws or constitutional amendments or to repeal existing laws or constitutional amendments. They are placed on the ballot for approval or rejection by the voting public. The words “ballot measures” are often used by county, city, and local governing entities, whereas at the state level, the California State Legislature uses the term “ballot propositions” to refer to the same concept. The ballot measure question, which is the subject of this report, refers to the maximum 75-word text that precedes the “Yes” or “No” selection on the ballot card itself. Because most voters never read beyond what is printed on the ballot card, it is of critical importance that ballot measure questions be concise, accurate, and impartial. Recently, two local newspaper articles highlighted the tactics that governing entities have used to manipulate voters: • Borenstein, Daniel, Tricks California Local Officials Use To Trick Voters, Bay Area News Group, January 21, 2022. • Mercury News and East Bay Times Editorial Boards, Stop Deceiving Bay Area Voters on Local Tax Measure Costs, June 26, 2020, updated September 5, 2020. As part of its charge, the Civil Grand Jury is responsible for identifying areas within local government that lack good governance or practices. This Civil Grand Jury identified as a problem the choice of wording used in local ballot measure questions. Specifically, the Civil Grand Jury discovered that some local governing entities presenting measures for a public vote create ballot questions that are purposefully misleading so they may obtain their desired result. In particular, it was noted that the wording of a ballot question from the June 2022 election, although representing a relatively simple issue, created confusion among the public. When voters found out what the text of the measure actually meant, they felt deceived by the wording of the ballot question. Deception in ballot questions is worth the attention of the Civil Grand Jury. This problem must be remediated to reinstate good governance in the election process. 556 Page 6 of 23 IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED METHODOLOGY The Civil Grand Jury used the following investigative methods: • Interviews with ten individuals who are well versed in the intricacies of the election process and experts in political science and local governments • Three published Civil Grand Jury reports: 2021-22 Alameda County, 2021-22 Santa Cruz County, 2021 Santa Clara County • Editorials from local and regional newspapers: Mercury News, Los Angeles Times, San Francisco Chronicle • Close reviews of ballot measures, past and upcoming, from the counties of San Mateo, Santa Clara, Santa Cruz, and the City and County of San Francisco • Legal research of court challenges involving ballot questions INVESTIGATION Throughout this report, the Civil Grand Jury was interested only in the process of ballot measure question drafting, not the substance of the underlying ballot measure itself. In its research and analysis, the Civil Grand Jury does not examine the merits of the measure, but rather whether the question as drafted is truthful, impartial, and fair. Ballot questions must conform to statutory requirements and should provide voters with sufficient information and transparency to make informed decisions. A straightforward ballot question can be summarized this way: A vote for “Yes” means yes and a vote for “No” means no. Unfortunately, it is common for ballot questions to be presented whereby a vote for “Yes” actually means no, and vice versa. This wording is arguably confusing. Inching farther away from confusing questions, the research performed by the Civil Grand Jury found ballot questions that are even worse—they are misleading. Santa Clara Valley Water District’s Measure A During the last election in June 2022, the question for Measure A put forth by the Santa Clara Valley Water District (Water District) employed such a tactic: Shall the measure amending the Santa Clara Valley Water District Ordinance 11-01 to limit Board members to four successive four-year terms be adopted? The Water District had term limits already in place for board members to serve three four-year terms, or 12 years at most. Measure A sought to increase term limits to four four-year terms, or 16 years at most. However, the ballot question hid the fact that a term limit was already in place; it 557 Page 7 of 23 IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED asked voters whether a term limit of four terms should be adopted, thereby couching the question as a measure to adopt term limits generally, which one political science expert described to the Civil Grand Jury as a concept widely favorable to the voting public. The ballot question did not reflect what the Water District wanted to do. The Water District wanted to extend term limits, but it wrote the ballot question without using the words “extend,” “change,” or “increase.” Instead, the Water District characterized the ballot measure as setting term limits, which is a mischaracterization of what Measure A was actually about. Further, it is notable that in November 1998, the County of Santa Clara placed a substantially similar measure on the ballot using the same tactic. Measure E asked: Shall the County of Santa Clara amend section 202 to limit the number of terms a member of the Board of Supervisors may serve to three terms, consisting of four years each? Again, the ballot question failed to inform the reader that each member of the County of Santa Clara Board of Supervisors was already limited to two terms and that the ballot measure proposed to extend years served, not “limit” them. By not being transparent, this tactic of ballot question drafting is tantamount to a lie by omission; it borders on deceiving the public. From Measure E in 1998 to Measure A this year, 24 years later, the climate has not changed. Regulations that Govern Ballot Questions Sections 9100-9190 of the California Elections Code specifically address county-level elections. Other sections of the Elections Code, while they do not specifically address county-level elections, have import and therefore apply as well. The County of Santa Clara has not enacted local ordinance code provisions regarding ballot question language. Under the Elections Code, the wording of a ballot measure must state the ballot question, or what the Elections Code calls the “label,” in 75 words or less (Elec. C. §9051(b), §10403, §13247). The ballot question must state “the nature” of the measure (Elec. C. §13120). The official who drafts the ballot question “shall give a true and impartial statement of the purpose of the measure in such language that the ballot title and summary shall neither be an argument, nor be likely to create prejudice, for or against the proposed measure” (Elec. C. §9051(c)). In other words, ballot measure questions shall not be false, misleading, or partial to one side. Who is Responsible for Writing Ballot Questions? Today, ballot questions are rarely written “from scratch.” Residing in the public domain are hundreds, if not thousands, of boilerplate questions spanning the universe of issues typically faced by government and public agencies. Putting a measure on the ballot usually starts with selecting 558 Page 8 of 23 IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED an existing template, preferably one that had been used successfully within a reasonable timeframe and geographic proximity to the one at hand. Tweaks are then made to the chosen template to fit the measure being proposed. Governing entities are ultimately responsible for approving the final text of the ballot question, but the actual selection of words is often the calculated and carefully calibrated work product of hired election experts, consultants, and attorneys. These outside consultants often rely on public opinion pollsters to determine the type of proposal and wording to put before voters that would achieve the desired outcome. Often, this includes using “feel good” wording that is shown to resonate with voters: “reduce crime;” “funds spent locally;” “all money locally controlled;” and “with citizen oversight.” Results from public opinion polls often dictate the structure and selection of words used within the ballot question, which is then voted on and, if successful, adopted by the governing body such as a city council, a county board of supervisors, the board members of a school district, or any governing body of a government entity operating within the county. During the course of this investigation, the Civil Grand Jury learned that local measures on the ballot that governing entities choose wording likely to be most successful at the ballot box over clarity of language to the voter. For purposes of this investigation, the Civil Grand Jury focused on ballot questions relating to local ballot measures, not state propositions, because according to the California Elections Code, the state attorney general is responsible for providing ballot questions for state propositions. In contrast, there is no similar requirement that a certain officer provide the ballot question for local elections, so it is instead drafted by the proponent of the measure at the local level. Advocacy and Tactical Wordplay Result in Poorly Drafted Ballot Questions It has been widely observed today that the 75-word ballot questions are being used as advocacy pieces, at the expense of fairness and impartiality. In an aptly titled report published in June of last year, the Alameda County Civil Grand Jury advocated for “The Need for Accuracy and Impartiality of Ballot Measure Questions.” The jury explained how and why the desire to achieve a certain outcome has tainted the process to produce ballot measure questions that are not accurate and impartial: In general, we found ballot questions suffer from a “proponent’s bias” that is a natural outgrowth of the typical process through which questions are selected, drafted, and proposed. … In general, we found that ballot questions too often fall short of what voters have a right to expect in terms of transparency and impartiality, even when satisfying minimum legal standards. 559 Page 9 of 23 IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED The jury in Alameda reviewed and provided an in-depth analysis of six ballot questions to reach their conclusion. In so doing, they exposed the “tricks of the trade”—wording chosen for the sole purpose of increasing the odds of success at the polls. Adopting the same methodology as the Alameda report, the Civil Grand Jury reviewed past and upcoming ballot measure questions from local jurisdictions within Santa Clara County. The Santa Clara County Civil Grand Jury observed the same tricks and tactics used by governing bodies to deceive voters: (1) Using “feel-good" words to garner voter approval. Measure F, November 2020, said “all funds spent locally,” which is meaningless when one pauses to think about it. (2) Adding favorable language even where it plainly does not apply. Measure F, November 2020, said “independent audits, citizens’ oversight” where the underlying ordinance implementing the measure makes no mention whatsoever of audit and oversight requirements. (3) Adding misleading words to lead voters astray. Measure S, November 2020, said “until ended by voters,” falsely implying that the measure itself provided for repeal or that voters would have an opportunity to repeal the tax when they did not; Measure L, November 2020, conveyed the same with “can be ended by voters.” Measure A, March 2017, said “[funds] cannot be taken away by the State,” falsely implying that the state may access local funds when it may not. (4) Manipulating words to divert voters from what is actually at issue. Upcoming Measure N, November 2022, which seeks authorization of $572 million in school bonds costing approximately 3 cents per $100 of assessed valuation, states “no increase in tax rates.” (5) Omitting relevant information necessary for voters to make informed decisions. Measure AA, November 2016, and Measure H, November 2014, made no mention of the tax increase that would be required to fund the school bonds that were at issue. (6) Putting multiple issues on a single measure, ostensibly violating the single subject rule. Measure H, November 2020, sought to increase card room tax and the number of card tables allowed in gambling facilities. At the writing of this report, the following measures slated for the upcoming November 2022 election also rely on at least one of the tactics described: E “all funds spent locally with no money taken by the State and spent elsewhere” - see (1) and (3) above. G, H, J, L “until ended by voters” - see (3) above. I “Shall the City Charter be amended to add the City's ethics and elections commission (Board of Fair Campaign and Political Practices) to the Charter; remove requirements that members of the Planning, Civil Service, and Salary Setting Commissions be electors and/or citizens; remove gender-specific language; and require the City Council to adopt equity values, standards, and assessments in making certain decisions?” - see (6) above. O “all money staying local” - see (1) above. 560 Page 10 of 23 IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED Along the same lines, it is worth noting that in June 2022, the Santa Cruz County Civil Grand Jury released its report, “Words Matter: Did Measure G Deceive Voters?” The question confronting the jury was whether the County of Santa Cruz was honoring the provisions in the ballot measure following its passage. The jury concluded that the ballot question behind the November 2018 Measure G was misleading after its investigation and research revealed no basis whatsoever for including the words “annual audits and independent citizens oversight” within the ballot question. Arguably, these words were used for no purpose other than to elicit good feelings in the voter. The Elephant in the Room: Big Money Elections cost money—lots of money. In an article published June 30, 2002, updated June 22, 2022, CalMatters put it succinctly: “Ballot measures are big business.” The Civil Grand Jury learned that cost is a major factor in the decision to get to the ballot. San Jose’s Mercury News reported that the Water District’s Measure A from the June 2022 election cost taxpayers $3.2 million. Once the decision is made by the government entity to spend the money to go to ballot, a lot of pressure is put on the entity to do whatever it takes to secure a win. For this reason, proponents of ballot measures stay focused on the result, hiring high-priced election consultants, attorneys, and opinion pollsters to carefully frame the ballot question to achieve the desired outcome. Successful elections will reward those that are behind them. It does not take much imagination to understand how this practice has evolved to become “high stakes.” For example, a school district superintendent who has successfully secured funding through school bond measures may parlay these wins to rally support for a more prestigious role or a position at a larger public institution. On the other hand, if a measure fails, individuals’ livelihoods are at stake because someone will likely have to take the blame for it—usually either someone on staff or the board proponents of the governing body. This is why proponents advocate so strongly, often—as exemplified above— sacrificing context, clarity, truthfulness, and transparency in ballot question wording in favor of pure advocacy. The Civil Grand Jury learned from those in the ballot question business that it is understood that the drafter will make sure the statement is “lawful,” but it is also understood that it will not necessarily provide full disclosure. Eroding the Public’s Trust Many voters in Santa Clara County felt that they were tricked by the Water District based on how Measure A was worded. The Civil Grand Jury compiled the following descriptors of Measure A from local news sources and through its interviews: “deceitful,” “deceptive ballot language,” “designed to confuse voters,” “dishonest,” “false,” “hiding the ball,” “lacks integrity,” “lie by omission,” “misleading,” “not ethical,” “not transparent,” “not clear,” “violates the norm,” 561 Page 11 of 23 IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED “violates standards of good governance,” “board must be held accountable,” “board should resign,” “board violated its fiduciary duty,” “board violated the trust of the people,” “board wasting money,” “failure of character,” “failure to represent its constituents,” “fraudulent misappropriation of public funds,” “misled the public for political gain,” “self-serving hoodwinking of the electorate,” “self-serving dishonesty,” “unacceptable in a democracy.” Public opinion made it clear that where a ballot question fails to provide voters with sufficient information to make an informed decision, it does so at the expense of public trust. Forming distrust between government and its citizenry hurts. What the Water District did through Measure A has severe ramifications because it creates distrust between the government agency and the people the agency is supposed to serve and protect. Going forward, Santa Clara County residents will likely question the integrity and ethical behavior of the Water District. Once the bonds of trust have been weakened, citizens are less inclined to trust the actions and decisions of this agency and more inclined to ask, “If the Water District cannot be trusted to be truthful on the ballot, how can we know them to be truthful in other matters?” With the passage of Measure A, many residents lost confidence in the Water District. It may take a long time to regain trust from the community. While the Civil Grand Jury appreciates the desire of a government entity to advocate for itself when putting ballot measures up for a public vote, ballot questions cannot be false, misleading, or partial to one side. Based on Civil Grand Jury research and reports, too many local measures fail to meet this standard in favor of advocacy and “proponent’s bias.” Lack of Oversight Results in Poorly Drafted Ballot Questions Despite the number of hands that touch a proposal from inception to ballot card, the Civil Grand Jury was surprised to discover that there is no filter or oversight by an appropriate official prior to the adoption of ballot question wording. At the state level, the “Attorney General gives a true and impartial statement of the purpose of the measure in such language that the ballot title [e.g., the ballot question] and summary shall neither be an argument, nor likely to create prejudice, for or against the proposed measure” (Elec. C. §9051(c)). But the Attorney General does not have jurisdiction over local measures and thus does not provide the ballot question. When it comes to local measures, the Civil Grand Jury learned that there is not a similar role performed by an official, like the Attorney General, that can provide the wording for ballot questions. Rather, when the ballot question is submitted to the Santa Clara County Registrar of Voters, their review is narrowly limited to enforcement of the 75-word limit. Staff at the County Registrar of Voters manually count the number of words to ensure that the word cap has not been stretched. They do not monitor the content of the ballot question. 562 Page 12 of 23 IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED At the local level, the County of Santa Clara Office of the County Counsel performs legal services that are most analogous to the Attorney General’s role at the state level with respect to elections. Further, County Counsel has expertise in election law and advises the County of Santa Clara Registrar of Voters. The County Counsel does not, however, have authority over cities and political subdivisions within the boundaries of the county. Therefore, when a city, school district, or special district places a local measure on the ballot, they are permitted under current law to draft the language themselves. They have every incentive to adopt wording proposed by their polling consultants, who will give weight to “feel good” words over simplicity, transparency, and impartiality. Fundamentally, the government entity’s self-interest dictates the ballot question wording. The Current Sole Remedy—Initiating a Court Challenge—Falls Short Under current legislation, there is no realistically expedient method to challenge problematic ballot questions. When a measure is to be placed on the ballot for an upcoming election, it is subject to a 10-day public examination period during which any voter in the jurisdiction may file a lawsuit to amend the language of the measure. California Elections Code section 9295 sets forth the procedure: During the 10-calendar-day public examination period provided by this section, any voter of the jurisdiction in which the election is being held, or the elections official, himself or herself, may seek a writ of mandate or an injunction requiring any or all of the materials to be amended or deleted. The writ of mandate or injunction request shall be filed no later than the end of the 10-calendar-day public examination period. A peremptory writ of mandate or an injunction shall be issued only upon clear and convincing proof that the material in question is false, misleading, or inconsistent with the requirements of this chapter, and that issuance of the writ or injunction will not substantially interfere with the printing or distribution of official election materials as provided by law. There are several reasons why the 10-calendar-day public examination period to object in a formal court setting does not work well: (1) The public tends not to hear about ballot measures until it is too late. This is due in part to a dearth of media coverage of local news, a result of the consolidation of local news outlets by media conglomerates. It is no secret that in today’s news environment, local news coverage has been reduced significantly. Furthermore, ten days is a very short window to react, let alone mount a court challenge to remediate. 563 Page 13 of 23 IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED (2) Ten days is much too short a time to locate an attorney well versed in the laws and processes of elections to file a lawsuit in this specialized field. (3) Even if an attorney can be available within the 10-day window, it is not within the means of the average person to afford the attorney fees necessary to pursue a remedy. (4) Voters challenging the wording in a ballot question face an uphill battle because the courts give deference and considerable latitude to the original author. Further, courts uphold the ballot measure question if it substantially complies with the requirement not to be “false, misleading, or partial to one side.” (See Bibliography, Amador and McDonough decisions.) (5) There is practically no recourse to fix non-conforming ballot questions after the 10- calendar day public examination period has passed. (See Bibliography, Denny decision.) (6) Even the single subject rule—a state constitutional doctrine—has been watered down by case law; hence it is no longer vigorously enforced. (See Bibliography, Amador and Harbor decisions.) When confronted with challenges to ballot measures, the courts have stated: • Relief under a writ of mandate may be granted "only upon clear and convincing evidence" that the challenged election material is "false or misleading or otherwise inconsistent with the provisions." (See Bibliography, McDonough decision.) • The test is not whether the ballot question could be more complete. (See Bibliography, Martinez decision.) • The ballot title need not be the “most accurate,” “most comprehensive,” or “fairest” that a skilled wordsmith might imagine. (See Bibliography, Yes on 25, Citizens for an On-Time Budget decision.) • The courts are not free to change an accurate statement to reflect their interpretation of the common sense understanding of the language. (See Bibliography, Yes on 25, Citizens for an On-Time Budget decision.) • The courts are not free to wordsmith the ballot question and change it just because they believe it could be better. (See Bibliography, Martinez decision.) • The courts must give deference to the official who drafts the ballot question; “all legitimate presumptions should be indulged in favor of the propriety” of the drafter’s actions. (See Bibliography, Becerra decision.) Solutions The Civil Grand Jury has learned that the sole legal remedy currently available to right a wrong when it comes to ballot measure questions is insurmountable for the average citizen. Nonetheless, the Civil Grand Jury notes that there could be two potential mechanisms to improve the current process. 564 Page 14 of 23 IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED 1. Task an appropriate official to review ballot measure questions Current law requires that the individual who drafts the ballot question do so in a way that is not false, misleading, or partial to one side. In order to meet this requirement, an objective, neutral third party is needed to speak on behalf of the voting public, ideally someone who is well versed in the law, has a fiduciary duty to uphold the law, and has taken an oath to act with integrity. The Civil Grand Jury recommends that County Counsel perform this task. Further, the Civil Grand Jury recommends that the County of Santa Clara Board of Supervisors should endorse the County Counsel to act in a role, like that of the Attorney General, to provide for ballot question wording for all local measures. What this might look like: After the governing entity ratifies the concept behind the proposed measure, as is the practice today, the entity’s lawyer, whether a city attorney, school district attorney, or special district attorney, would draft a ballot question that is impartial, unbiased, and non-argumentative. The proposed ballot question would then be submitted to the County Counsel, who would be charged with overseeing the narrow task of ensuring that the wording of the question is not false, misleading, or biased in favor of one view. Most importantly, County Counsel would also be authorized to reject non-conforming or deficient wording and to compel revisions. Only when the ballot question at issue conforms to statutory requirements would County Counsel approve it for use. 2. Create an independent oversight commission to review ballot questions It is not unusual for jurisdictions to convene independent advisory commissions to assist in county governance. The County of Santa Clara alone boasts over 75 boards and commissions, ranging from an Advisory Commission on Consumer Affairs to a Youth Task Force. For purposes of overseeing conformity of ballot measure questions, the Civil Grand Jury recommends that the County form a Good Governance in Ballots Commission (Good Governance Commission). This advisory commission should act quickly to review and comment on ballot questions or provide recommendations to remediate questions that that are false, misleading, or partial to one side. The composition of the Good Governance Commission should, at a minimum, include an attorney member of the California State Bar, either to participate as a full member or act as an ex officio member without voting privileges. Because County Counsel is the attorney to most Santa Clara County advisory boards and commissions, it could therefore be tasked to help members of this commission navigate the intricacies of California’s statutory requirements. Apart from the obvious benefits—non-partisanship and public representation—another advantage of having a single commission perform the task of reviewing ballot questions would be to maintain consistency across all governing entities. Regardless of whether a city, county, school district, or 565 Page 15 of 23 IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED other jurisdiction puts forth the measure, the output from a neutral, uninterested third party would probably help eliminate the rhetoric and advocacy inherent in the current practice. To be successful, the Good Governance Commission should ideally have the ability to review and to reject language that is biased and partial. The power of rejection is crucial because it would also likely have the effect of encouraging the governing entity to self-police. It must not be merely optional for governing entities to submit their ballot questions for review. If the commission were granted mere advisory powers, then it would have very limited impact; it is reasonable to surmise that most, if not all, governing entities would choose to decline to submit their ballot questions for consideration in the interest of the time required to add a layer of review. Unfortunately, adoption of a Good Governance Commission that has the power to reject language would require passage of a state law that would enable the County of Santa Clara to have an express grant of power to impose a requirement on other entities. This is because “[t]he board of supervisors has no inherent powers; the counties are legal subdivisions of the state, and the county board of supervisors can exercise only those powers expressly granted it by Constitution or statutes and those necessarily implied therefrom” (Hicks v. Board of Supervisors (1977) 69 Cal. App. 3d 228, 242). In general, absent other express authorization, one governmental entity cannot regulate another. Put another way, charter cities operate under home rule, which means that they do not answer to the county the city is located in. For example, the County of Santa Clara Board of Supervisors does not have jurisdiction to compel the City of Gilroy, a charter city, to abide by a county ordinance. Absent some legislative authorization, the County of Santa Clara cannot impose a mandatory review process for ballot questions on other entities. For this reason, the Civil Grand Jury urges the County to pursue legislative solutions to facilitate a process by which the County Counsel would be required to review and approve local measure ballot questions before they are voted on. Formation of a Good Governance in Ballots Commission The Civil Grand Jury believes that having an independent oversight commission with advisory powers will improve the local electoral process. It puts pressure on governing bodies, sending the message that their ballot questions are being monitored for clarity, truthfulness, fairness, and impartiality. The Alameda Civil Grand Jury report provides detailed instructions around the formation, structure, and operation of an oversight committee. This can be found in Appendix B of their June 2021 report. Last, but not least, another possibility is to lean on an existing Santa Clara County advisory body, the Citizens’ Advisory Commission on Elections, to create a subcommittee focused 566 Page 16 of 23 IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED on ballot question integrity and good governance. Because time is of the essence when it comes to the elections process, the subcommittee must act within the short turnaround timeframe established by state statutes and county ordinances. There do not appear to be any advocates for transparent and neutral language. Action must be taken. Having the Office of the County Counsel review and approve ballot questions to ensure conformity to statutory requirements would be a good start. Convening a citizen-led, independent oversight Good Governance Commission is another solution. CONCLUSION Civil Grand Juries are charged to help government develop practical solutions to improve government operations. Poorly worded ballot questions may not be illegal, but if they withhold information to shield what is really at issue, they are unethical. There are insufficient workable checks and balances to prevent this ongoing issue from being curtailed. Not doing anything about this only adds to the distrust of government. The Civil Grand Jury recommends that elected officials be held accountable—ballot questions must be transparent and clear in order to enable today’s voters to make informed decisions. The Civil Grand Jury wants governing entities to know that the public is paying attention and will not tolerate questions that are anything less than truthful, impartial, and fair. Further, ballot measure questions need to be straightforward, understandable, transparent, and honest. 567 Page 17 of 23 IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED FINDINGS AND RECOMMENDATIONS Finding 1 The Civil Grand Jury finds that in the current environment, which is unregulated at the local level, it is easy for the author of a ballot measure question to write the question in a way that is confusing or misleading to voters. Recommendation 1a The Board of Supervisors should ask the County Counsel to review all ballot questions submitted to it pursuant to Recommendation 1b. Recommendation 1b Governing entities 2 within Santa Clara County should voluntarily submit their ballot questions to the County Counsel for review prior to submission to the Registrar of Voters, unless and until Recommendation 1d is implemented. Recommendation 1c Governing entities 3 within Santa Clara County should, by March 31, 2023, adopt their own resolution or ordinance to require submission of their ballot questions to the County Counsel for review prior to submission to the Registrar of Voters, unless and until Recommendations 1d and 1e are implemented. Recommendation 1d The County should create an independent, citizen-led oversight commission like the recommended Good Governance in Ballots Commission as described in the “Solutions” section of this report. The Commission should be implemented by August 1, 2024. 2 There are approximately 50 governing entities within Santa Clara County. The Civil Grand Jury has elected to address these recommendations to the County, cities, and a select number of special districts and school districts that have historically the most measures on the ballot for response. The Civil Grand Jury encourages all governing entities to adopt these recommendations. 3 Id. 568 Page 18 of 23 IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED Recommendation 1e Governing entities 4 within Santa Clara County should submit their ballot questions for review by the Good Governance in Ballots Commission pursuant to Recommendation 1d. Recommendation 1f The County should, by March 31, 2023, take appropriate action to request that the state legislature consider amending current law to require the County Counsel to review and approve local ballot measure questions before they are voted on. 4 Id. 569 Page 19 of 23 IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED REQUIRED RESPONSES Pursuant to California Penal Code § 933(b) et seq. and California Penal Code § 933.05, the County of Santa Clara 2022 Civil Grand Jury requests responses from the following governing bodies: Responding Agency Findings Recommendations County of Santa Clara Board of Supervisors 1 1a, 1b, 1d, 1f City of Campbell 1 1b, 1c, 1e City of Cupertino 1 1b, 1c, 1e City of Gilroy 1 1b, 1c, 1e City of Los Altos 1 1b, 1c, 1e Town of Los Altos Hills 1 1b, 1c, 1e Town of Los Gatos 1 1b, 1c, 1e City of Milpitas 1 1b, 1c, 1e City of Monte Sereno 1 1b, 1c, 1e City of Morgan Hill 1 1b, 1c, 1e City of Mountain View 1 1b, 1c, 1e City of Palo Alto 1 1b, 1c, 1e 570 Page 20 of 23 IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED Responding Agency Findings Recommendations City of San Jose 1 1b, 1c, 1e City of Santa Clara 1 1b, 1c, 1e City of Saratoga 1 1b, 1c, 1e City Sunnyvale 1 1b, 1c, 1e Santa Clara Valley Water District 1 1b, 1c, 1e Valley Transportation Authority 1 1b, 1c, 1e El Camino Healthcare 1 1b, 1c, 1e Foothill-DeAnza Community College District 1 1b, 1c, 1e San Jose Unified School District 1 1b, 1c, 1e East Side Union High School District 1 1b, 1c, 1e Cupertino Union School District 1 1b, 1c, 1e 571 Page 21 of 23 IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED REFERENCES Bibliography: Alameda County 2020-2021 Grand Jury, Final Report, “The Need for Accuracy and Impartiality of Ballot Measure Questions,” June 2022. Ballotpedia.org, https://ballotpedia.org/Santa_Clara_County,_California, Measure A (June 2022); Measures F, G, H, L, and S (November 2020); Measure AA (November 2016); Measure H (November 2014); Measure E (November 1998) (accessed September 22, 2022). Borenstein, Daniel, “Tricks California Local Officials Use To Trick Voters,” The Bay Area News Group, https://www.mercurynews.com/2022/01/21/borenstein-tricks-california-local-officials- use-to-deceive-voters/ January 21, 2022 (accessed August 23, 2022). California Elections Code sections 303, 9051, 9100-9190, 9295, 13120, and 133247. Christopher, Ben; Kamal, Sameea, “California Ballot Measures: What You Need to Know,” https://calmatters.org/explainers/california-ballot-measures-2022/ June 30, 2022, updated July 1, 2022 (accessed August 23, 2022). City and County of San Francisco Department of Elections, https://sfelections.sfgov.org/measures (accessed August 2, 2022). County of Santa Clara 2020-21 Grand Jury, Final Report, “Gavilan College Measure X Bond Program: Oversight Shortchanged.” June 2022. County of Santa Clara, Office of the Clerk of the Board of Supervisors, List of Boards and Commissions, https://stenttssaim2publicportal.blob.core.windows.net/bc- entcabodocs/MaddyReport.pdf (accessed August 24, 2022). County of Santa Clara Registrar of Voters, Ballot Measures proposed for the upcoming November 2022 election, https://sccvote.sccgov.org/candidates-measures/november-8-2022- general-election-list-local-measures (accessed Aug 20, 2022). Editorial, Mercury News and East Bay Times, “Stop Deceiving Bay Area Voters On Local Tax Measure Costs,” MercuryNews.com, https://www.mercurynews.com/2020/06/26/editorial-stop- deceiving-voters-on-local-tax-measure-costs/ June 26, 2020 (accessed August 23, 2022). Kumar, Rishi, “Opinion: Why 4 Valley Water board members should resign,” MercuryNews.com, https://www.mercurynews.com/2022/05/11/opinion-why-4-valley-water- board-members-should-resign/ May 11, 2022 (accessed August 23, 2022). 572 Page 22 of 23 IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED Rogers, Paul, “Self-Serving Dishonesty: Liccardo Blasts Santa Clara Valley Water District Measure To Extend Term Limits, Even After Polling Shows Voters Oppose,” Mercury News, March 30, 2022 (accessed August 23, 2022). Santa Cruz County 2020-2021 Grand Jury, Final Report, “Words Matter: Did Measure G Deceive Voters?” June 2022. Caselaw: Amador Valley Joint Union High School District v. State Board of Equalization, 22 Cal.3d. 208 (1978). Becerra v. Superior Court, 19 Cal.App.5th 967 (2017). Denny v. Arntz, 55 Cal.App.5th 914 (2020). Harbor v. Deukmejian, 43 Cal.3d 1078 (1987). Hicks v. Bd. of Supervisors, 69 Cal. App. 3d 228 (1977). Home Gardens Sanitary Dist. v. City of Corona, 96 Cal. App. 4th 87 (2002). Martinez v. Superior Court, 142 Cal.App.4th 1245 (2006). McDonough v. Superior Court of Santa Clara, 204 Cal.App.4th 1169 (2012). People v. Langdon, 54 Cal. App.3d 384 (1976). Rodeo Sanitary Dist. v. Bd. of Supervisors, 71 Cal. App.4th 1443 (1999). Yes on 25, Citizens for an On-Time Budget v. Superior Court, 189 Cal.App.4th 1445 (2010). Interviews: The Civil Grand Jury conducted interviews with ten individuals between June 28, 2022, and August 22, 2022. 573 Page 23 of 23 IF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPEDIF YOU ONLY READ THE BALLOT, YOU’RE BEING DUPED This report was ADOPTED by the Santa Clara County 2022 Civil Grand Jury on this 7th day of October, 2022. ______________________________ Mr. James Renalds Foreperson 574 SARATOGA CITY COUNCIL MEETING DATE: November 16, 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) Introduce and waive the first reading of the attached ordinance adopting and modifying the referenced codes and finding the amendments to be exempt from environmental review under the California Environmental Quality Act (CEQA); and (2) 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 December 7, 2022 BACKGROUND: After the public hearing and introduction of this ordinance on November 2, 2022, staff worked with Santa Clara County Fire Department (SCCFD) to clarify certain Fire Code sections and SCCFD introduced a number of new changes to be made to the Ordinance. The changes are primarily deletions of code sections that no longer need to show as amendments in the Municipal Code. None of these changes occur in the sections that were part of the public hearing and Council discussions. Consequently, this item is being re-introduced. DISCUSSION: The corrected provisions to be adopted and modified by ordinance are summarized in more detail in the Resolution with matrix. (Attachment A) The updated ordinance showing the latest SCCFD changes in redline and strikeout is included as Attachment B (the version adopted will not include text shown as strikeout and text shown as redline will be show as ordinary text). The ordinance as originally introduced is included as Attachment C for reference. 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. 575 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. Updated Ordinance C. Original Ordinance dated November 2, 2022 1585777.1 576 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, 577 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 7th day of December 2022 by the following vote: AYES: NOES: ABSENT: ABSTAIN: SIGNED Tina Walia, Mayor ATTEST DATE: Brett Avritt , City Clerk 578 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. 579 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. R328.7 16-18.027 Amends the 2022 Ca residential code for Energy storage 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. 580 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. 581 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. 582 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. 583 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. 584 105.5 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. 585 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 903.2.11.7 16-15.060 Amends the 2022 CA Building Code regarding fire sprinklers for chemical fume hood protection Finding No.3 Amendment to be consistent with Fire District amendments 907.8 16-15.xxx Amends the 2022 CA Building Code regarding inspection, testing and maintenance of fire alarm and fire detection systems Finding No.3 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. 586 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 107.2.1 16-20.050 Construction permit fees Admin 107.2.2 16-20.050 Operational permit fees Admin 108.5 16-20.050 Final inspection Admin 112.4 16-20.050 Violation penalties Admin 112.5 16-20.050 Abatement of Hazard Admin 587 202 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 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 Admin 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 603.11 16-20.100 Immersion heaters 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.xxx 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 3 907.8 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 & 3 588 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 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 4913..1 116-20.150 Fireworks in WUI Findings 1 & 2 5001.2.2.2 16-20.160 Health Hazards Admin 5002.1 16-20.160 Definitions Admin 5003.1.3.1 16-20.160 Toxic, highly toxic, moderately toxic gases Finding No 3 5003.1.5 16-20.160 Health hazards- other Finding No 3 5003.1.6 16-20.160 Additional spill control and secondary containment requirements Finding No 3 5003.2.2.1 16-20.160 Design and construction Finding No 3 5003.2.2.2 16-20.160 Additional regulation for supply piping for heat hazard materials Finding No 3 5003.5.2 16-20.160 Ventilation ducting Finding No 3 5003.5.3 16-20.160 “H” occupancies Finding No 3 5003.10.4 16-20.160 Elevators utilized to transport hazardous material Admin 5004.2.1 16-20.160 Spill control for hazardous material liquids Admin 5004.2.2.2 16-20.160 Incompatible materials Admin 5402.1 16-20.xxx Definition 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 5806.2 16-20.190 Limitations on cryogenic fluids Admin 5809.3.4 16-20.190 Site plan Admin 6001.1 16-20.xxx Scope Admin 6004.1 16-20.xxx General Admin 6004.1.1 16-20.xxx Special limitations for indoor storage and use occupancy Admin 6004.1.1.1 16-20.xxx Group A, E, I or U occupancies Admin 6004.1.1.2 16-20.xxx Group R occupancies Admin 589 6004.1.1.3 16-20.xxx Offices, retail sales and classrooms Admin 6004.2 16-20.xxx Indoor storage and use Admin 6004.2.1 16-20.xxx Applicability Admin 6004.2.1.4 16-20.xxx Quantities Admin 6004.4 16-20.xxx General indoor requirements Admin 6004.4.1 16-20.xxx Cylinder and tank location Admin 6004.4.2 16-20.xxx Ventilated areas Admin 6004.4.3 16-20.xxx Piping and controls Admin 6004.4.4 16-20.xxx Gas rooms Admin 6004.4.5 16-20.xxx Treatment rooms Admin 6004.4.5.1 16-20.xxx Design Admin 6004.4.5.2 16-20.xxx Performance Admin 6004.4.5.3 16-20.xxx Sizing Admin 6004.4.5.4 16-20.xxx Stationary tasks Admin 6004.4.5.5 16-20.xxx Portable tanks and cylinders Admin 6004.4.6 16-20.xxx Emergency power Admin 6004.4.6.1 16-20.xxx Fail-safe systems Admin 6004.4.7 16-20.xxx Automatic fire detection systems Admin 6004.4.8 16-20.xxx Gas detection system Admin 6004.4.8.1 16-20.xxx Alarms Admin 6004.4.8.2 16-20.xxx Shut off gas supply Admin 6104.2 16-20.200 Maximum capacity within established limits Admin 6405.3.1 16-20.210 Silane distribution systems auto shut down Admin Chapter 80 16-20.xxx Reference standards NFPA Admin Appendix B 16-20.xxx B105.2 16-20.xxx Buildings other than one- and two- family dwellings Finding Nos. 2 & 3 C102.1 16-20.xxx Minimum number of fire hydrants for a building Finding Nos. 2 & 3 Appendix D 16-20.xxx D103.1 16-20.xxx Delete D103.1 D103.2 16-20.xxx Grade Finding Nos. 2 & 3 D103.3 16-20.xxx Turning radius Finding Nos. 2 & 3 D103.4 16-20.xxx Dead ends Finding Nos. 2 & 3 D103.6 16-20.xxx Signs Finding Nos. 2 & 3 590 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. 591 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. 592 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. . 593 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 594 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 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. 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. 595 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. 596 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. 597 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. 598 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. 1181990.2 599 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. 600 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 601 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 - 602 The foregoing ordinance was introduced at the regular meeting of the City Council of the City of Saratoga held on November 16, 2022 and was adopted by the following vote on December 7, 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 603 1 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 604 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 605 3 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 606 4 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. 607 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. 608 6 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 609 7 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. 610 8 (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 611 9 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. Detached Accessory Dwelling Units, provided that all of the following are met: 2.1 The unit meets the definition of an Accessory Dwelling Unit as defined in the Government Code Section 65852.2 2.2 The existing primary residence does not have automatic fire sprinklers. 2.3 The accessory detached dwelling unit does not exceed 1,200 square feet in size. 2.4 The unit is on the same lot as the primary residence. 2.5 The unit meets all access and water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code. 1. When additions are made to existing structures, causing the fire area to exceed 3,600 square feet, and all of the following are met: 1.1. Building addition does not exceed 500 square feet. 1.2. The resultant structure meets all water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code. 16-18.027 Energy storage systems Section R328.7 is amended to read as follows: 612 10 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 10R337.7.10 “Underside of appendages” is amended to read as follows: R337.7.910 R337.7.10 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 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: 613 11 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: Method GBg Section R602.10.4.5 is added to read as follows: 614 12 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 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. 615 13 (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 . 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 616 14 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 107.2.1 is added to read as follows: 106.2.1107.2.1107.2.1 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 617 15 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 106.2.2107.2.2 107.2.2is added to read as follows: 106.2.2107.2.2 107.2.2 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 Section 107.5108.5 108.5is added to read as follows: 107.5108.5 108.5Final 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 618 16 issues notice of final clearance of such fire protection facilities and access ways to the Building Department. Section 110.4112.4112.4 is amended to read as follows: 110.4112.4112.4 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 110112112.4.1 is amended to read as follows: 110112112.4.1 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. Section 110112112.5 is added to read as follows: 110112112.5 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 2022 California Fire Code and 2021 International Fire Code with the following definitions added: 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. 619 17 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 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. 620 18 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. 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). 621 19 315.8.10 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. 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. 622 20 320.2.2 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 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. 623 21 320.3.13 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: 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. 624 22 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: 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 625 23 character shall be not less than 6 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 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 2 626 24 700 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 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. 627 25 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: 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. 628 26 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 Amend the first paragraph of Section 806.1.1 to read as follows: 629 27 806.1.1 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: 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. 630 28 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 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. b. The resultant structure meets all water supply requirements of Chapter 5 and Appendix B of the 2022 California Fire Code. 631 29 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: 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. 632 30 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: 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. 633 31 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 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 634 32 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: 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. 635 33 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. 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 636 34 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. 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 637 35 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 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 638 36 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 (LRA) shall maintain defensible space as outlined in Government Code 51175 – 51189 and any local ordinance of the authority having jurisdiction. 639 37 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: 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 640 38 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: Buildings containing only private garages, carports, sheds and agricultural buildings with a building area of not more than 500 square feet (56 m2). 641 39 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 4913 4913 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. CLOSED CONTAINER. CONTAINER. CONTROL AREA. 642 40 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 Add Section 5003.1.3.1 to read as follows: 643 41 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 Reactivity Class 4 644 42 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: 645 43 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: 646 44 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). 647 45 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. 648 46 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. 649 47 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: 650 48 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. 651 49 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. 652 50 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) . 653 51 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. 654 52 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: 655 53 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 656 54 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 657 55 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. 658 56 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. 659 57 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. 660 58 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: 661 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 662 60 (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. 1578813.2 663 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. 664 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 665 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 - 666 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 667 1 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 668 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 669 3 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 670 4 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. 671 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. 672 6 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 673 7 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. 674 8 (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 675 9 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. 676 10 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 (102 677 11 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: 678 12 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 679 13 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. 680 14 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: 681 15 106.2.1 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 682 16 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: 683 17 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 684 18 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. 685 19 315.8.9 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. 686 20 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 687 21 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: 688 22 503.2.2 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: 689 23 505.1 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 690 24 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 691 25 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: 692 26 603.11 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 693 27 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: 694 28 903.2 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. 695 29 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: 696 30 909.20.1 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: 697 31 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 698 32 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: 699 33 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. 700 34 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. 701 35 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 702 36 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 703 37 (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: 704 38 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: 705 39 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. 706 40 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 707 41 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 4 708 42 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: 709 43 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: 710 44 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). 711 45 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. 712 46 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. 713 47 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: 714 48 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. 715 49 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. 716 50 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) . 717 51 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. 718 52 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: 719 53 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 720 54 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 721 55 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. 722 56 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. 723 57 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. 724 58 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: 725 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 726 60 (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. 1578813.2 727