HomeMy WebLinkAboutOrdinance 403, 2024 Code Update ORDINANCE NO. 403
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING
CITY CODE SECTIONS AMENDING CITY CODE PROVISIONS CONCERNING
SCHEDULING OF APPEAL HEARINGS (SECTION 2-05.030); SCHEDULING CITY
COUNCIL MEETINGS (2-10.010); COMMISSIONER QUALIFICATIONS AND TERMS
(2-12.020 AND .030); SECURITY ALARMS (4-06.110); MOTION PICTURE FILMING
(4-60.080); CIVIL DEFENSE AND DISASTER(ARTICLE 6-05); COMMERCIAL
MARIJUANA ACTIVITY (6-30.020); DRIVEWAY APPROACHES (14-25.030); ZONING
ORDINANCE PROVISIONS PERTAINING TO SHORT TERM RENTALS (15-06.360),
FENCE HEIGHT AT DRIVEWAY INTERSECTIONS (15-29.010), CREEK SETBACKS
(15-45.045), TREE REGULATIONS (ARTICLE 15-50), AND REPLACEMENT
HOUSING UNITS (15-80.150); AND REORGANIZATION OF CERTAIN DEFINITIONS
IN THE SUSTAINABILITY ORDINANCE (17-10.010)
The City Council of the City of Saratoga finds that:
1. The City Code of the City of Saratoga requires periodic updates to reflects changes in
law,provide clarification to the community, and provide for improved customer service
and administration of City business.
2. The City Council referred the amendments to Saratoga Municipal Code Chapters 15 in
this ordinance to the Planning Commission and the Planning Commission held a hearing
on those amendments on May 8, 2024 and following consideration of all testimony and
written materials, recommended that the City Council adopt the amendments to Chapters
15 set forth herein.
3. The City Council of the City of Saratoga held a duly noticed public hearing on June 19,
2024 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 of the City of Saratoga hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is hereby amended as set forth in Exhibit A.
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 remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
Section 3. California Environmental Quality Act
Ordinance 403
Page 2
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 to the existing City Code and related sections and additions of
provisions and reference appendices to the existing Code;the amendments and additions would have
a de minimis impact 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 19"' day of June, 2024 and was
adopted by the following vote on July 3, 2024.
AYES: COUNCIL MEMBERS FITZSIMMONS, PAGE, WALIA, VICE MAYOR
AFTAB, MAYOR ZHAO
NOES: NONE
ABSENT: NONE
ABSTAIN: NONE
Yan Th---- ao, Mayor
ATTEST:
Britt Avrit, MMC, City Clerk
APPROVED AS TO FORM:
DATE:
Richard Taylor
CITY ATTORNEY
Ordinance 403
Page 3
Exhibit A
2024 ANNUAL CODE UDPATE
The provisions of the Saratoga Municipal Code set forth below are amended or adopted as
follows:
Text added to existing provisions is shown in bold double-underlined text (exa I and text to be
deleted in shown in strikethrough(example). Text in italics is explanatory and is not an amendment
to the Code except in cases where it directs renumbering gf'subsections not otherwise amended.
Where a section being amended includes subsections that are not shown those subsections are
unchanged by this ordinance.
1. Scheduling Appeal Hearings
2-05.030—Appeals
[Subsections (a)-(c) unchanged]
(d) Schedule of hearing.Upon the filing of the notice of appeal and payment of the appeal fee,or
upon an appeal being initiated by members of the City Council,the City Clerk shall schedule
the matter for hearing by the City Council as follows:
(1) A proposed hearing date shall be set within two business days. The proposed date
shall be within they f r -fiv calendar days of the date the appeal was filed,except
as provided in subsection(d)(2),below. The City Clerk shall immediately inform the
appellant and the applicant of the proposed date,time,and place of the hearing at an
e-mail address or fax number provided to the City at the time the appeal or
application was filed. If the appellant or applicant within two business days requests
in writing that the proposed hearing date be extended, then the City Clerk shall set
the date for the next regular meeting of the City Council occurring after the proposed
date.The City Clerk shall inform the appellant and applicant of the new hearing date,
time and place via e-mail or-
(2) If it is not possible to set the proposed date in a manner that allows the City to
provide any notice required by law and set the proposed date at a regularly scheduled
meeting within fl ifty f r -fi calendar days of the date the appeal was filed, the
date shall be set at the first regularly scheduled Council meeting following the close
of any applicable notice period. The City Clerk shall immediately inform the
appellant and the applicant of the date, time, and place of the hearing at an e-mail
address^r f number-provided to the City at the time the appeal or application was
filed. If the hearing date is set pursuant to this subsection,then neither the applicant
nor appellant shall be authorized to request a change in the hearing date as described
in subsection (d)(21), above.
Ordinance 403
Page 4
(3) After a hearing date has been set in accordance with subsection (d)(1) or (d)(2),
above,the appellant or the applicant may request in writing, and the City Clerk shall
grant,a continuance of the date provided that the request for continuance is received
by the City Clerk no later than foufteentwenty-one calendar days prior to the date
set for hearing. The continuance shall be until the next regular meeting of the City
Council occurring after the date for which the matter had been set. No further
continuances may be authorized by the City Clerk.
[Subsections (e)-h) unchanged.J
2. City Council Regular Meetiniz Dates
2-10.010 - Regular meetings.
The regular meetings of the City Council shall be held on the first and third Wednesdays of each
month except for the first Wednesday of January If a regular meeting day falls on a holiday,that
regular meeting u les sue.h day is a holiday, in whieh ease the meeting may be held on such
business day as designated by the City Council or the meeting may be cancelled. The time of s
meeting§shall be 7:00 P.M.,provided,however,that the City Council may meet in closed
session or with Commissions and community groups, and conduct study sessions as part of the
regular meeting prior to 7:00 P.M. The place shall be at City Hall in the Saratoga City Council
Chambers at 13777 Fruitvale Avenue, Saratoga,California unless otherwise specified on the agenda
for the meeting.Any regular meeting may be rescheduled or cancelled by action of the City Council
at a regular or special meeting preceding the meeting to be rescheduled or cancelled.
3. Commissioner Qualifications
2-12.020 - Qualifications.
(a) Except as provided in Section 2-12.20(b), all Commissioners shall:
1. Be a resident of the City of Saratoga;
2. Prior to being interviewed for appointment to a Commission, have attended at least
one meeting of the Commission to which appointment is being sought unless an
exception has been granted by the City Council;
3. Not hold any elected public office in any jurisdiction, any place or position of
employment with the City of Saratoga; and4.Satisfy any additional eligibility
requirements specified in the ordinance or resolution establishing the Commission.
[Subsections (b)-(e) unchanged.J
4. Partial Commission Terms
2-12.030 - Term.
(a) Each Commissioner shall serve a term of four years unless an alternate term is
specified by the resolution or ordinance establishing the Commission.
Ordinance 403
Page 5
(b) No Commissioner shall serve more than two full consecutive terms on a single
Commission. A partial term served as a result of an appointment to fill an unexpired
term is not considered a full term and a partial term of less than three years due to
an appointment being made after a vacancy has occurred is not considered a
full term. A Commissioner who has served two full consecutive terms on a
Commission may not be reappointed to that Commission for at least one year
following the expiration of his or her term.The limitations set forth in this subsection
(b) shall not apply to the Youth Commission.
(c) For each Commission,the terms of the Commissioners shall be staggered such that
each year the four year terms of approximately an equal number of the
Commissioners shall expire. Where a Commission has seven Commissioners, the
terms of two Commissioners shall expire each year except that in the year after the
first six Commission terms have expired,only one term shall expire. The limitations
set forth in this subsection (c) shall not apply to the Youth Commission.
(d) Notwithstanding subsection(a)of this Section, Section 2-15.020 regarding Planning
Commissioner terms, where the terms of Commissioners on a Commission do not
comply with subsection (c) of this Section, a Commissioner may be appointed to a
term of greater or less than four years for the purpose of making the terms of the
Commissioners on the Commission comply with subsection (c). No term shall be
reduced after a Commissioner is appointed to serve the term, except as otherwise
provided by this Code. For purposes of subsection(b) of this Section, a term of less
than four years established pursuant to this paragraph is not a full term and a term
that is more than four years at the time of appointment pursuant to this subsection(d)
is a single term.
S. Security Alarms
Fef evefy pefsefl engaged in the business of installing, selling, leasiL.,,, —.ting, FRain4aining,
> >
tLe annual lieense fee shall be in
-�hedule adopted by City Gettneil by feseltition in aeeofdanee with State law-.
6. Motion Picture Filming
4-60.080 - Insurance and indemnification.
(a) No motion picture filming permit shall be issued until the applicant has furnished to the
Community Events Official a general liability special endorsement,i„the f rm pfeser-ibed 0r
urv�
Yp e by the G l:fer-ni Commission,Film sio , showing comprehensive general liability
insurance coverage in the amount of not less than ene two million dollars, auto liability
overage for owned, non-owned, and hired autos, and and naming the City and its
officers,officials,employees and volunteers as insured parties under the applicant's policy.
The endorsement shall provide for such deductibles and other coverages as specified or
Ordinance 403
Page 6
approved by the Community Events Official. Applicant shall maintain statutory
Workers' Compensation Insurance and Employer's Liability Insurance with limits of
at east one million dollars($1,000,000).Applicant shall submit to City,along with the
certificate of insurance, a waiver of subrogation endorsement in favor of City. its
officers, officials, employees, and volunteers. Proof of Worker's Comnensation is not
required if Applicant provides written verification that they have no employees.
(b) Every motion picture filming permit shall be issued subject to the condition and requirement
that the permittee indemnify,defend and hold the City and its officers, officials,employees
and volunteers harmless from and against any and all claims, demands, costs, expenses, or
liabilities arising from, or in any manner relating to, the conduct of the motion picture
filming activity by the permittee and its employees, agents, contractors, subcontractors,
representatives, or invitees.
7. Civil Defense and Disaster
6-05.010 Purpose of Article.
This Article provides for the preparation and carrying out of plans for the protection of
persons and property within the City in the event of an emergency; and for the coordination of
the emergency functions of the City the difeotion of the-emergency fg- I i the
with all other public agencies, corporations,
organizations and affected private persons. Any expenditure made in connection with such
mergence activities, including mutual aid activities, shall be deemed conclusively to be for
the direct protection and benefit of the inhabitants and property of the it
6-05.020 Emergency defined.
As used in this Article, "emergency" shall mean the actual or threatened existence of
conditions of disaster or of extreme peril to the safety of persons and property within the City
caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, or
other conditions, including conditions resulting from war or imminent threat of war, which
conditions are or are likely to be beyond the control of the services, personnel, equipment and
facilities of the City, requiring the combined forces of other political subdivisions to combat.
6-05.030 Disaster Council.
(a) The City of Saratoga Disaster Council (also referenced here as the Disaster Council) has
been accredited by the State of California since 1947. The Disaster Council shall consists of
the following members:
(1) The Mayor or a City Council member designated by the Mayor shall be ehaifpersen;
(2) The City Manage"Director of Emergency Services,who shall be Chair;
(3) The Assistant Director of Emergency Services who shall be Vice Chair;
The Director of Public Works; and
Ordinance 403
Page 7
(5) The Director of Community Development.
(4) A fepresenWive designa4ed by the Santa Clara County Fife Department; and
( ) A fo
(b) it shall be the duty ef the Disastef Couneil, and it is hefeby empowefed, to develop an
r-eeemmend for-adoption by the City Couneil, the Emefgeney Operation Plan fefer-enee
shall meet at least annually upon eall of the ehaif or-, in his or hef absenee ffem the Gi"
6-05.040 - Disaster council powers and duties.
al It shall be the duty of the Disaster Council, and said Council is hereby empowered. to
develop and recommend for adoption by the City Council, emergency and mutual aid
plans and agreements and such ordinances and resolutions and rules and regulations
s are necessary to implement such plans and agreements.
(b)The Disaster Council shall meet at least once per year, upon call of the Chair or. upon
call of the Vice Chair (in the absence of the Chair).
c) The Disaster Council shall comply with the California Emergency Services Act and
abide by the California Disaster and Civil Defense Master Mutual Aid Agreement.
The Disaster Council shall follow established rules and regulations relating to the
various classes of disaster service workers, scone of duties of each class, and manner
f registration pursuant to the provisions of Government Code 8585
6 nc non Disaster serviee worker-volunteers.
Ordinance 403
Page 8
"Disastef serviee werleer-velttnte " ineludes publie emplayees,
etAside their-r-egular employinent without pay, and also iflelud— .,.-,.stefedper-sefi
emer-geney by a per-sen having authority to earnmand the aid of eitizens in the exeetition of
having offieial reeognifien, and full of paftial stippeft of the City of Gotinty of Santa Clam.
6-05.050 Director and Assistant Director of Emergency Services.
(a) There is hereby created the office of Director of Emergency Services. The City Manager
shall be the Director of Emergency Services. There is hereby created the office of aAssistant
Director of Emergency Services, who shall be appointed by the Director of Emergency
Services City, Manage—~ When the Director of Emergency Services is not available. the
Assistant Director of Emergency Services shall become Acting Director and assume
the duties of the Director.
(b) The Director of Emergency Services is hereby empowered to:
(1) Request the City Council to pgroclaim the existence or threatened existence of a
"local emergency;" if the Citv Council is in session, or to issue such proclamation if
the City Council is not in session.;if ,
Whenever a local emergency is proclaimed by the Director,
the City Council shall take action to ratify the proclamation within seven days
thereafter or the proclamation shall have no further force or effect. The City Council
shall review the need for continuing the local emergency at least once every thirty days
or such other period as may be determined by a resolution of the City Council until the
City Council terminates the local emergency. The City Council shall proclaim the
termination of the local emergency at the earliest possible date that conditions warrant.
(2) Request the governor to proclaim a "state of emergency" when, in the opinion of the
Director, the circumstances are beyond the city's capacity to adequately respond to
or recover from leeally available resetifees e inadequate to eepe withthe
emergency.
(3)
needed, and manage the emer-geney pfegfams of the City,
(4) -Control and direct the effort of the emergency organization of the City for the
accomplishment of the purposes of this Article. This responsibility includes the
registration, supervision and direction of disaster service worker volunteers
within the Citv.
(�4) Direct cooperation between and coordination of services and staff of the emergency
organization of the City and resolve questions of authority and responsibility that may
arise between them.
(5) Represent the City in all dealings with public or private agencies on matters
pertaining to emergencies as defined herein.
Ordinance 403
Page 9
(6) Manage the emer-gefley pr-egr-anis of the Gity with the assistanee of City staff and
hie f-
threes).
(c) In the event of the proclamation of a "local emergency" as herein provided, the
proclamation of a "state of emergency" by the governor or the director of the State Office of
Emergency Services, or the existence of a "state of war emergency," the Director of
Emergency Services is hereby further empowered to:
(1) Make and issue rules and regulations on matters reasonably related to the protection of
life and property as affected by such emergency; provided, however, that such rules
and regulations shall be confirmed or modified at the earliest practicable time by the
City Council.
(2) Obtain vital supplies, equipment and other such properties found lacking and needed
for the protection of life and property and to bind the City for the fair value thereof
and, if required immediately, to commandeer the same for public use; pfavided,
of modified 4 the .a: st p fi .,tile fi e by the Gil Gouneil.
(3) Require emergency services of any City officer or employee and, in the event of the
proclamation of a "state of emergency" in the County of Santa Clara or the existence
of a "state of war emergency," to command the aid of as many ^i�ns residents of the
City as he deemed necessary in the execution of his the Director's
duties. Such persons shall be entitled to all privileges, benefits and immunities as are
provided by State law for registered disaster service worker volunteers.
(4) Requisition necessary personnel or material of any City department or agency.
(5) Execute all per ordinary powers as City Manager, all of the special powers
conferred upon him or nor by this Article or by resolution or the Emergency
Operations Plan pursuant hereto adopted by the City Council, all powers conferred
upon him or her by any statute, by an agreement approved by the City Council and by
any other lawful authority.
(d) ,
take effeet in the evetA the Difeetaf is unavailable to attend meetings and athefwise perform
his of her-duties dur-ing an efnefgeney. Sueh order- of stieeession shall be appfaved by t
City Geunei'. The Assistant Director of Emergency Services is hereby empowered to:
1) Under the supervision of the Director and in consultation with emergency service
providers, to develop emergency plans and manage the emergency programs o
his jurisdiction:
2) Act on behalf of the disaster council to approve Saratoga Disaster Service
Worker Volunteer training and exercises and to coordinate with the appropriate
agencies and organizations;
1 Have such other powers and duties as may be assigned by the Director.
Ordinance 403
Page 10
6-05.060 Emergency organization.
The emergency organization of the City shall consist of all officers and employees of the
City, together with those disaster service worker volunteers enrolled to aid them during an
emergency, and all groups, organizations and persons who may, by agreement or operation of
law, be charged with duties incident to the protection of life and property in the City during such
emergency, including persons impressed into service under the provisions of subsection 6-
05.050(c)(3) of this Article.
6-05.070 Emergency Operation Plan.
The Disaster Council shall be responsible for the development of the City Emergency
Operation Plan, which plan shall provide for the effective mobilization of all the resources of the
City, both public and private, to meet any condition constituting a "local emergency," "state of
emergency" or "state of war emergency;" and shall provide for the organization, powers and
duties, services and staff of the emergency organization. Such plans shall be adopted by
resolution of the City Council.
6-05.080 Mutual aid.
It is the purpose of the City Council in enacting this Article to facilitate the rendering of
mutual aid to and for the people of the City. The Emergency Operation Plan adopted and
approved by the City Council shall provide for the interchange of mutual aid and for
coordination with the emergency plans of the County.
aefi�Afies, shall eenelesively be deemed to be for-the difeet pfateetien and benefit of the
6-05.100 Prohibited acts during emergency.
to—It shall be a misdemeanor, punishable by a fine of not to exceed one thousand dollars
($1,000), or by imprisonment for not to exceed six (6) months, or both, for any person,
during an emergency, to:
(a) Willfully obstruct, hinder or delay any member of the emergency organization in the
enforcement of any lawful rule or regulation issued pursuant to this Article, or in the
performance of any duty imposed upon him or her by virtue of this Article.
(b) Do any act forbidden by any lawful rule or regulation issued pursuant to this Article.
(c) Wear, carry or display, without authority, any means of identification specified by4he
of the Sta4* being authorized for emergency service workers.
Ordinance 403
Page 11
6-05.110 Continuity of Government
During an emergency. City Council may have vacancies where a Councilmember is
unable to serve due to incapacitation or other situations arising from the emergency event.
In order to preserve the function of local government in such a circumstance, the Citv will
reconstitute its City Council based on the provisions of California Government Code
Sections 8635 through 8644,
6-05,120 - Severability.
f any provision of this chanter or the application thereof to any per on or
circumstances is held invalid, such invalidity shall not affect other provisions or
applications and to this end the provisions of this chanter are declared to be severable
8. Regulation of Commercial Marijuana Activity
6-30.010 - Purpose of Article.
This Article is intended to prohibit the establishment of commercial marijuana businesses and all
outdoor cultivation of marijuana within the City, and to further regulate the personal indoor
cultivation of marijuana authorized by state law,in order to protect the health and safety of the City's
residents.This Article is intended to conform to state law,including the Compassionate Use Act,the
Medical Marijuana Program Act,the Control,Regulate and Tax Adult Use of Marijuana Act,and the
Medicinal and Adult-Use Cannabis Regulation and Safety Act.Consequently,this ordinance shall be
interpreted to conform to such laws to the maximum extent feasible. In interpreting the terms of this
ordinance,it is appropriate to look to the use and interpretation of those terms in applicable state law
for guidance. Without limiting the generality of the foregoing, this ordinance shall not be
interpreted as prohibiting patients within the city or their caregivers from purchasing by
delivery sufficient medicinal marijuana to meet their demands in a timely and readily
accessible manner.
6-30.020 - Definitions.
The following definitions apply throughout this Article:
(a) Commercial marijuana activity means the sale or exchange for valuable consideration of
marijuana and marijuana products,or the provision of marijuana or marijuana products by a
nonprofit, and the cultivation, possession, manufacture, distribution, processing, storing,
laboratory testing,packaging,and labeling of marijuana and marijuana products intended for
sale or exchange for valuable consideration or provision by a nonprofit. Commercial
marijuana activity shall not include delivery of cannabis and cannabis product a
"delivery" is defined in State law.
(b)-(g) unchanged.
Ordinance 403
Page 12
9. Street Design Standards
14-25.030 Design standards and dedication of streets.
(a)-(q) unchanged
(r) Driveway approaches.There shall be a minimum of one driveway approach to a lot,but no
more than one driveway approach for each forty feet of lot frontage, un to a maximum of
three driveway approaches for any lot intended to be developed in a single-family zoning
district. Driveway approaches serving a single property shall be spaced a minimum of
twenty feet apart. The subdivider may install continuous curbs, and thereafter cut out the
driveway approaches after the building plans for the lot in question are completed, and all
such approaches shall be subject to the provisions of the improvement agreement and bond
except in the case of such approaches for which an encroachment permit has been issued
pursuant to Article 10-20 in Chapter 10 of this Code.
(s) unchanged.
10. Short Term Rentals
15-06.360 Hotel.
"Hotel"means a structure or portion thereof or a group of attached or detached structures containing
individual guest rooms or suites where lodging is provided primarily to transients for compensation
for a period of not more than 29 consecutive days. The term includes motel,inn,tourist court,bed
and breakfast establishment, short-term-rental, or similar use.
11. Height Limit at Driveway Intersections
15-29.010 Height Restrictions
[Sections (a)-(e); no change.]
(f) Driveway intersections. No fence, hedge, retaining wall, entryway element, pilaster, gate, or
other similar element located within a triangle having sides twelve feet in length from either side
of a driveway where it intersects with the edge of pavement on a street without a sidewalk(or,
n a street with a sidewalk, the back of the curb) shall exceed three feet in height above the
established grade of the adjoining street. Protected trees described in Section 15-50.050 of this
Code are not subject to this requirement.
(Remove the below illustration) (Replace with the below illustration)
Ordinance 403
Page 13
T
/ t Property LineEdge of pavement. 12�e_ ,1Jd1
�--PROPERTY LINE
1, ♦—EDGE OF PAVEMENT
41- 12
[Sections (g)-(l); no change.J
12. Tree Regulation Definitions
15-50.020 Definitions
[Sections (a)-(n); no change.J
(o) ISA Standards means the 2001 Edition er=the Pruning Standards-and ee Valuation
Seeiety of^..ber-:eultttr-e most recent edition of the Best Management Practices ANSI A300
Pruning and Managing Trees During construction standards and lhg►no t recent edition
of the Guide for Plant Apnraisal published by the International Socict of Arboriculture
(p) Native tree means coast live oak (Quercus agrifolia), valley oak (Quercus lobata), tanoak
(Notholithocarpus densiflorus), black oak (Quercus kelloggii), blue oak (Quercus douglasii),
scrub oak(Quercus dumosa),big leaf maple(Acer fflae.,,rhyll.',,., macro h _llum).California
buckeye (Aesculus californica), Douglas fir (Pseudotsuga menziesii) and coast redwood
(Sequoia sempervirens).
[Sections (q)-(cc); no change.J
13. Protected Tree Security Deposit
15-50.080 Determination on permit
[Sections (a)-(c); no change.J
(d) Security deposits and maintenance bonds. In the case of an application for, or a project
involving encroachment on one or more protected trees, the applicant shall post a security
deposit with the City in an amount equal to twenty-five percent to one hundred,-,efee„*of the
ISA valuation of the trees involved at the dis tier of the --ithefity; provided,
however,that any project invelvin rt�lt-rple-s'flietuitf,-s-ems zr-rnulti—fam-it -str-uetUr-es#-1 pest a
Ordinance 403
Page 14
seettfity deposit with the Gity in an amount equal to one hundfed pefeent of the 1SA valtiatimen
of the *fees :.,_",'..oa proposing the removal of all nrotected_4r es or proposing work
within the inner half of the optimal tree preservation zone (as defined in the ISA Best
Management Practices A300 Managing Trees During Construction which is hereby
opted by reference) shall post a security deposit with the City in an amount equal to
one hundred percent of the ISA valuation of the trees invQly_ An ISA Certified
Arborist shall calculate the value of the tree/s in accordance with the Trunk Formula
Method tree valuation formula contained in the ISA Guide for Plant Appraisal,which is
hereby adopted by reference. The City may also require posting of a maintenance bond or
security deposit of at least five years designed to ensure long terra maintenance of the affected
or replacement trees. Security deposits or maintenance bonds required for protected trees or
replacement trees in public or private development may, in the reasonable discretion of the
Community Development Director, be refunded upon a determination that the project is in
compliance with the City Arborist's requirements and/or Tree Preservation Plan.In the case of
violations of this Article or where replacement,restitution, or other remedy required pursuant
to Section 15-50.170 cannot be made on the project site, then such payments shall be made
from the deposit or bond being held before any refund is made.
14. Tree Preservation Plan Inspections
15-50.140—Tree Preservation Plan
[Sections (a)-(d); no change.]
(e) At least three scheduled inspections shall be made by the City an ISA Certified Arborist to
ensure compliance with the Tree Preservation Plan. The inspections shall, at a minimum
include the following: (1) Initial inspection prior to any construction or grading, (2) After
completion of rough grading and/or trenching, and (3) Completion of all work including
planting and irrigation system installation. Other inspections may be conducted as required by
the Community Development Director.
15. Tree Valuation
15-50.150 -Tree fund.
[Section (a); no change.]
(b) Tree valuation. Lawfully removed trees to be replaced as a condition of development
approval shall be valued and their removal compensated for as follows: Trees replaced on or
off site according to good forestry practices, shall provide, in the opinion of the Community
Development Director,equivalent value in terms of aesthetic and environmental quality,size,
height, location, appearance, and other significant beneficial characteristics of the removed
tree/s.
Ordinance 403
Page 15
is hefeby adopted by fefefenee. An ISA Certified Arborist shall calculate the value of the
removed tree/s in accordance with the Trunk Formula Method try valuation formula
contained in the ISA Guide for Plant Ai aisal which is hereby adopted by reference.
16. Creek Protection Setbacks
15-45.045 - Creek protection setbacks.
(a) Purpose, application. Where a protected creek passes through or along a building site or is
otherwise located on the site, and in order to provide for the future protection of creeks,
including creek banks and riparian habitat,a creek protection easement shall be required as
set out in City Code section 14-25,065,and building setbacks for any new construction shall
be measured from the top of the creek bank(s)away from thcH-a r -ou on the site rather
than from the property lines of the site. The required setback shall be the minimum setback
prescribed for the applicable zoning district.
[Section (b)-(c) no change]
17.Replacement Housing Units
Add the following new code section:
15-80.150 Replacement Housing Units. A housing development project proposed on a site that
i is identified on the Housing Sites Inventory(shown in Figure 6-2 of the Housing Element of
he Saratoga General Plan) and (ii) contains or contained housing of the type described in
subsection (a) shall replace that housing as described in subsection (bl.
a) This section shall apply to sites described in clause (i) above that either:
(1) Contain rental dwelling units: or
2) In the five year period preceding the application contained rental dwelling units
that (A) were vacated or demolished in that period and (B) were either (i)
&ubittLto a recorded covenant, ordinance, or law restricting rents to levels
affordable to persons and families of lower or very low income: (ii) subject to
any other form of rent or price control; or (iii) occupied by lower or very low
income households.
(b) A development subject to this section shall replace the units described in subsection(a)
in the manner required by Government Code section 65915(cl(3)(Bl.
c) Terms used in this section and not otherwise defined herein shall have the meaning set
forth in Government Code section 65915.
Ordinance 403
Page 16
18. Sustainability
17-10.010 Definitions.
(a) The definitions set forth in this section shall be applied throughout this Article,unless the
context or the provision clearly requires otherwise.
(b) The following terms are defined as set forth herein:
(a)W Approved C&D processing facility means any of the facilities, used to
process C&D debris, that have been approved by the Regional Agency.
( ) 2w California Code of Regulations or CCR means the State of California
Code of Regulations. CCR references in this Article are preceded with a
number that refers to the relevant Title of the CCR(e.g., "14 CCR"refers to
Title 14 of CCR).
(-e)W CalRecycle means California's Department of Resources Recycling and
Recovery, which is the Department designated with responsibility for
developing, implementing, and enforcing SB 1383 Regulations on cities,
counties, special districts, and other regulated entities.
(d)_W City means the City of Saratoga, California, a political subdivision of the
State of California, and its duly authorized representatives.
(e) 5) City enforcement official means the City manager, or other executive in
charge or their authorized designee(s) who is/are partially or whole
responsible for enforcing the Article. See also "Regional or County Agency
Enforcement Official."
(4)LQ Commercial business or commercial means a non-residential premises
including a firm, partnership, proprietorship, joint-stock company,
corporation,or association where business activity is conducted including,
but not limited to, retail sales, services, wholesale operations,
manufacturing, and industrial operations, but excluding businesses
conducted upon residential property that are permitted under applicable
zoning regulations and are not the primary use of the property,whether for-
profit or nonprofit, strip mall,or industrial facility, or as otherwise defined
in 14 CCR Section 18982(a)(6), with the exception that multi-family is
excluded from the definition of commercial.
(g} 7 Commercial edible food generator includes a tier one or a tier two
commercial edible food generator as defined in this Article or as otherwise
defined in 14 CCR Section 18982(a)(73) and (a)(74). For the purposes of
this definition, food recovery organizations and food recovery services are
not commercial edible food generators pursuant to 14 CCR Section
18982(a)(7).
(lam) $M Community composting means any activity that composts green material,
agricultural material, food material, and vegetative food material, alone or
Ordinance 403
Page 17
in combination, and the total amount of feedstock and Compost on-site at
any one time does not exceed one hundred cubic yards and seven hundred
fifty square feet, as specified in 14 CCR Section 17855(a)(4); or, as
otherwise defined by 14 CCR Section 18982(a)(8).
(40 Compliance review means a review of records by the City to determine
compliance with this Article.
( Compost has the same meaning as in 14 CCR Section 17896.2(a)(4),which
stated, as of the effective date of this Article, that "Compost" means the
product resulting from the controlled biological decomposition of organic
solid wastes that are source separated from the municipal solid waste
stream, or which are separated at a centralized facility.
(k-)LUI Compostable plastics or compostable plastic means plastic materials that
meet the ASTM D6400 standard for compostability, or as otherwise
described in 14 CCR Section 18984.1(a)(1)(A) or 18984.2(a)(1)(C).
(k) U22 Container contamination or contaminated container means a container,
regardless of color, that contains prohibited container contaminants, or as
otherwise defined in 14 CCR Section 18982(a)(55).
(m) lM County means the County of Santa Clara, California.
(n) U44 County Agency Enforcement Official means an authorized designee of
the County of Santa Clara in the Public Health Department or other
departments who is/are partially or whole responsible for enforcing this
Article.
(e) lM5 Customer means the person who receives the collection contractor's
services and to whom the contractor/City submits its billing invoice to and
collects payment from for collection services provided to a premises. The
customer may be either the occupant, owner, or other designated
responsible person by the owner of the premises, as allowed under the City
Code.
(PAS Construction and demolition debris or C&D debris means discarded
building materials, packaging, debris, and rubble resulting from
construction, alteration,remodeling,repair or demolition operations on any
pavements, excavation projects, houses, commercial buildings, or other
structures, excluding excluded materials and universal waste. C&D debris
includes rocks, soils, tree remains, and other yard trimmings that result
from land clearing or land development operations in preparation for
construction.
(q) U77 C&D hauler means the collection contractor that has been granted the
exclusive or non-exclusive rights to collect C&D debris in the City through
the agreement entered into by the collection contractor and the Regional
Agency.
Ordinance 403
Page 18
(r) 1�$ Covered project means and includes any project that meets the thresholds
set forth in section 17-15.10.
(O LM Designee means an entity that the City contracts with or otherwise arranges
to carry out any of the City's responsibilities of this Article as authorized in
14 CCR Section 18981.2. A designee may be a government entity,a hauler,
a private entity, or a combination of those entities.
(-t)-2M- Discarded materials means recyclable materials, organic materials, and
solid waste discarded by a generator for the purposes of collection and/or
self-hauling, excluding excluded waste.
(ter) 2=1 Disposal or dispose(or any variation thereof)means the Final disposition of
solid waste or processing residue at a disposal facility.
(,v-) j2 Dwelling unit means any individual living unit in a single-family dwelling,
multi-family dwelling, structure or building, mobile home, or motor home
located on a permanent site intended for, or capable of being utilized for,
residential living other than a hotel or motel.
(W) ZA) Edible food means food intended for human consumption,or as otherwise
defined in 14 CCR Section 18982(a)(18). For the purposes of this Article or
as otherwise defined in 14 CCR Section 18982(a)(18), "Edible Food"is not
solid waste if it is recovered and not discarded.Nothing in this Article or in
14 CCR, Division 7, Chapter 12 requires or authorizes the recovery of
edible food that does not meet the food safety requirements of the
California Retail Food Code.
(x-) "44 Enforcement action means an action of the City or Regional Agency to
address non-compliance with this Article including, but not limited to,
issuing administrative citations, fines, penalties, or using other remedies.
(YAM Excluded waste means hazardous substance, hazardous waste, infectious
waste, designated waste, volatile, corrosive, medical waste, infectious,
regulated radioactive waste, and toxic substances or material that facility
operator(s), which receive materials from the City and its generators,
reasonably believe(s) would, as a result of or upon acceptance, transfer,
processing, or disposal, be a violation of local, State, or Federal law,
regulation, or ordinance, including: land use restrictions or conditions,
waste that cannot be disposed of in Class III landfills or accepted at the
facility by permit conditions,waste that in City's,its designee's,or Regional
Agency's reasonable opinion would present a significant risk to human
health or the environment, cause a nuisance or otherwise create or expose
the City, its designee, or Regional Agency's to potential liability; but not
including de minimis volumes or concentrations of waste of a type and
amount normally found in single-family or multi-family solid waste after
implementation of programs for the safe collection, processing, recycling,
treatment, and disposal of batteries and paint in compliance with Sections
41500 and 41802 of the California Public Resources Code.Excluded Waste
Ordinance 403
Page 19
does not include used motor oil and filters, and household batteries when
such materials are defined as allowable materials for collection through the
City's collection programs and the generator or customer has properly
placed the materials for collection pursuant to instructions provided by
City, Regional Agency, or exclusive hauler for collection services.
wf�w Exclusive hauler means the collection contractor that has been granted the
exclusive rights to collect recyclable materials, organic materials,and solid
waste in the City through the agreement entered into by the collection
contractor and the Regional Agency").
(* 2J7 Food distributor means a company that distributes food to entities
including, but not limited to, supennarkets and grocery stores, or as
otherwise defined in 14 CCR Section 18982(a)(22).
( 2�$ Food facility has the same meaning as in Section 113789 of the Health and
Safety Code.
(ems 2=2 Food recovery means actions to collect and distribute food for human
consumption that otherwise would be disposed, or as otherwise defined in
14 CCR Section 18982(a)(24).
(EOM Food recovery organization means an entity that engages in the collection
or receipt of edible food from commercial edible food generators and
distributes that edible food to the public for food recovery either directly or
through other entities or as otherwise defined in 14 CCR Section
18982(a)(25), including, but not limited to:
(1) A food bank as defined in Section 1 13783 of the Health and Safety
Code;
(2) A nonprofit charitable organization as defined in Section 113841 of
the Health and Safety code; and,
(3) A nonprofit:charitable temporary food facility as defined in Section
113842 of the Health and Safety Code.
A food recovery organization is not a commercial edible food generator for
the purposes of this Article and implementation of 14 CCR, Division 7,
Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
If the definition in 14 CCR Section 18982(a)(25) for Food Recovery
Organization differs from this definition, the definition in 14 CCR Section
18982(a)(25) shall apply to this Article.
(ee) 1 Food recovery service means a person or entity that collects and transports
edible food from a commercial edible food generator to a food recovery
organization or other entities for food recovery, or as otherwise defined in
14 CCR Section 18982(a)(26). A food recovery service is not a commercial
Ordinance 403
Page 20
edible food generator for the purposes of this Article and implementation of
14 CCR, Division 7, Chapter 12 pursuant to 14 CCR Section 18982(a)(7).
( 02Food scraps means those discarded materials that will decompose and/or
putrefy including: (i) all kitchen and table food waste; (ii) animal or
vegetable waste that is generated during or results from the storage,
preparation, cooking or handling of food stuffs; (iii) discarded paper
(including paper containers and cartons) that is contaminated with food
scraps and compostables; (iv) fruit waste, grain waste, dairy waste, meat,
and fish waste; and, (v) vegetable trimmings, houseplant trimmings and
other compostable organic waste common to the occupancy of Residential
dwellings. Food scraps are a subset of food waste. Food scraps excludes
fats, oils, and grease when such materials are source separated from other
food scraps.
(gg} Food service provider means an entity primarily engaged in providing
food services to institutional, governmental, commercial, or industrial
locations of others based on contractual arrangements with these types of
organizations, or as otherwise defined in 14 CCR Section 18982(a)(27).
(W t34) Food-soiled paper is compostable paper material that has come in contact
with food or liquid, such as, but not limited to, compostable paper plates,
paper coffee cups, napkins, pizza boxes, and milk cartons. Food-soiled
paper is a subset of food waste.
00 05 Food waste includes food scraps and food-soiled paper, and includes
compostable plastics, unless [the] City, its designee, Regional Agency, or
exclusive hauler excludes compostable plastics in the organic materials
containers. Food waste is a subset of organic materials.
(36) Generator means any person whose act first causes discarded materials to
become subject to regulation under this Article of the City Code or under
Federal, State, or local laws or regulations.
(kk)(E) Green waste means tree trimmings, grass cuttings, dead plants, leaves,
branches and dead trees (not more than three inches in diameter), garden
and tree fruits and vegetables, and similar materials generated and source
separated from other materials at the premises.
(11) Grocery store means a store primarily engaged in the retail sale of canned
food; dry goods; fresh fruits and vegetables; fresh meats,fish,and poultry;
and any area that is not separately owned within the store where the food is
prepared and served, including a bakery, deli, and meat and seafood
departments, or as otherwise defined in 14 CCR Section 18982(a)(30).
( Hauler route means the designated itinerary or sequence of stops for each
segment of the City's collection service area, or as otherwise defined in 14
CCR Section 18982(a)(31.5).
Ordinance 403
Page 21
fn*)M Health facility has the same meaning as in Section 1250 of the Health and
Safety Code.
feed 441 High diversion organic waste processing facility means a facility that is
in compliance with the reporting requirements of 14 CCR Section
18815.5(d) and meets or exceeds an annual average Mixed Waste organic
content recovery rate of fifty percent between January 1, 2022 and
December 31, 2024, and 75 percent after January 1, 2025, as calculated
pursuant to 14 CCR Section 18815.5(e)for organic waste received from the
"mixed waste organic collection stream" as defined in 14 CCR Section
17402(a)(11.5); or, as otherwise defined in 14 CCR Section 18982(a)(33).
(pp)U2 Hotel has the same meaning as in Section 17210 of the Business and
Professions Code.
(cq) 4�3 Inspection means a site visit where a City, its designee, or Regional
Agency reviews records, containers, and an entity's collection, handling,
recycling, or landfill disposal of organic waste or edible food handling to
determine if the entity is complying with requirements set forth in this
Article, or as otherwise defined in 14 CCR Section 18982(a)(35).
(f)0-4) Large event means an event, including,but not limited to,a sporting event
or a flea market, that charges an admission price, or is operated by a local
agency, and serves an average of more than two thousand individuals per
day of operation of the event, at a location that includes, but is not limited
to, a public, nonprofit, or privately owned park, parking lot, golf course,
street system, or other open space when being used for an event. If the
definition in 14 CCR Section 18982(a)(38) differs from this definition,the
definition in 14 CCR Section 18982(a)(38) shall apply to this Article.
{ } -4 Large venue means a permanent venue facility that annually seats or serves
an average of more than two thousand individuals within the grounds of the
facility per day of operation of the venue facility. For purposes of this
Article and implementation of 14 CCR, Division 7, Chapter 12, a venue
facility includes, but is not limited to, a public, nonprofit, or privately
owned or operated stadium, amphitheater, arena, hall, amusement park,
conference or civic center, zoo, aquarium, airport, racetrack, horse track,
performing arts center, fairground, museum, theater, or other public
attraction facility. For purposes of this Article and implementation of 14
CCR, Division 7, Chapter 12, a site under common ownership or control
that includes more than one large venue that is contiguous with other Large
Venues in the site, is a single large venue. If the definition in 14 CCR
Section 18982(a)(39)differs from this definition,the definition in 14 CCR
Section 18982(a)(39) shall apply to this Article.
(t } Local education agency means a school district, charter school,or county
office of education that is not subject to the control of city or county
regulations related to solid waste, or as otherwise defined in 14 CCR
Section 18982(a)(40).
Ordinance 403
Page 22
(wd) "77 Multi-family residential dwelling or multi-family means of, from, or
pertaining to residential premises with five or more dwelling units. Multi-
Family premises do not include hotels,motels,or other transient occupancy
facilities,which are considered commercial businesses.residential premises
with fewer than five dwelling units shall be considered single-family.
(v-v) 4 MWELO refers to the Model Water Efficient Landscape Ordinance
(MWELO), 23 CCR, Division 2, Chapter 2.7.
(ww) 4l2 Non-eompostable paper includes,but is not limited to,paper that is coated
in a plastic material that will not breakdown in the composting process, or
as otherwise defined in 14 CCR Section 18982(a)(41).
(x) 5 Non-local entity means the following entities that. are not subject to the
jurisdiction's enforcement authority, or as otherwise defined in 14 CCR
Section 18982(a)(42):
(1) Special district(s) located within the boundaries of the City,
including the Saratoga Fire Protection District, West Valley
Sanitary District, and Cupertino Sanitary District.
(2) Federal facilities and state agencies located within the boundaries of
the City.
(3) Public universities (including community colleges) located within
the boundaries of the City, including the West Valley Community
College District.
(y-y,) 551 Notice of violation(NOV)means a notice that a violation has occurred that
includes a compliance date to avoid an action to seek penalties, or as
otherwise defined in 14 CCR Section 18982(a)(45) or further explained in
14 CCR Section 18995.4.
(z-z) 52 Occupant means the person who occupies a premises.
(-a*) 5� Organic materials means green waste, food waste, lumber, and wood
waste.
(I" 554 Organic materials container has the same meaning as in 14 CCR Section
18982.2(a)(29) and shall be used for the purpose of storage and collection
of source separated organic materials.
(eee) 55 Organic waste means solid wastes containing material originated from
living organisms and their metabolic waste products, including but not
limited to food, green material, landscape and pruning waste, organic
textiles and carpets, lumber, wood, paper products, printing and writing
paper, manure, biosolids, digestate, and sludges or as otherwise defined in
14 CCR Section 18982(a)(46). Biosolids and digestate are as defined by 14
CCR Section 18982(a).
Ordinance 403
Page 23
( 556 Organic waste generator means a person or entity that is responsible for
the initial creation of organic waste, or as otherwise defined in 14 CCR
Section 18982(a)(48).
(eee) 5-7 Overage means discarded materials exceeding the container's intended
capacity such that the container's lid is lifted by at least one (1) inch (or
would be lifted by at least one (1) inch if there was a lid); or, (ii) discarded
materials placed on top of or in the immediate vicinity of the container,
excluding allowed cardboard.
qf4) 558 Owner means the person(s) holding legal title to real property and/or any
improvements thereon and shall include the person(s) listed on the latest
equalized assessment roll of the County Assessor, or as otherwise defined
in 14 CCR Section 18982(a)(57).
(ggg) 5M Paper products include, but are not limited to, paper janitorial supplies,
cartons,wrapping,packaging,file folders,hanging tiles, corrugated boxes,
tissue, and toweling, or as otherwise defined in 14 CCR Section
18982(a)(51).
( ( Premises means any land or building in the City where recyclable
materials, organic materials, solid waste, or C&D are generated or
accumulated.
(i4)CUI Printing and writing papers include, but are not limited to, copy,
xerographic, watermark, cotton fiber, offset, forms, computer printout
paper, white wove envelopes, manila envelopes, book paper, note pads,
writing tablets,newsprint, and other uncoated writing papers,posters,index
cards, calendars, brochures, reports, magazines, and publications, or as
otherwise defined in 14 CCR Section 18982.(a)(54).
( (Q2 Process or processing (or any variation thereof) means the controlled
separation, recovery, volume reduction, conversion, or recycling of source
separated recyclable materials or source separated organic materials
including,but not limited to,organized, manual, automated, or mechanical
sorting, the use of vehicles for spreading of waste for the purpose of
recovery, and/or includes the use of conveyor belts,sorting lines,or volume
reduction equipment, or as otherwise defined in 14 CCR Section
17402(a)(20).
( 3 Prohibited container contaminants means the following: (i) discarded
materials placed in the recyclable materials container that are not identified
as acceptable source separated recyclable materials for the City's recyclable
materials container; (ii)discarded materials placed in the organic materials
container that are not identified as acceptable source separated organic
materials for the City's organic materials container;(iii)discarded materials
placed in the solid waste container that are acceptable source separated
recyclable materials and/or source separated organic materials to be placed
Ordinance 403
Page 24
in City's organic materials container and/or recyclable materials container;
and, (iv) excluded waste placed in any container.
(4 1)("4 Recovered organic waste products means products made from California,
landfill-diverted recovered organic waste processed in a permitted or
otherwise authorized facility, or as otherwise defined in 14 CCR Section
18982(a)(60).
( m) C5 Recovery means any activity or process described in 14 CCR Section
18983.1(b), or as otherwise defined in 14 CCR Section 18982(a)(49).
(ter) Recyclable materials means materials that are intended for the purposes of
being reused or. The particular materials eligible to be recycled through the
City's programs shall be specified from time to time by the Regional
Agency.
(ees)("7 Recyclable materials container has the same: meaning as in 14 CCR
Section 18982.2(a)(5) and shall be used for the purpose of storage and
collection of source separated recyclable materials.
(ppo M$ Recycled-content paper means paper products and printing and writing
paper that consists of at least 30 percent, by fiber weight, postconsumer
fiber, or as otherwise defined in 14 CCR. Section 18982(a)(61).
(qiq-q) Regional Agency means the West Valley Solid Waste Management
Authority.
(rfr)tM Regional Agency Enforcement Official means a designated enforcement
official from the Regional Agency or other regional or county agency,
designated by the City with responsibility for enforcing this Article in
conjunction or consultation with City enforcement official.
fsss) 77l Remote monitoring means the use of the internet of things (IoT) and/or
wireless electronic devices to visualize the contents of recyclable materials
containers, organic materials containers, and solid waste materials
containers for purposes of identifying the quantity of materials in containers
(level of fill) and/or presence of prohibited container contaminants.
(tit} 772) Renewable gas means gas derived from organic waste that has been
diverted from a California landfill and processed at an in-vessel digestion
facility that is permitted or otherwise authonzccl by 14 CCR to recycle
organic waste, or as otherwise defined in 14 CCR Section 18982(a)(62).
(tuutr) Restaurant means an establishment primarily engaged in the retail sale of
food and drinks for on-premises or immediate consumption,or as otherwise
defined in 14 CCR Section 18982(a)(64).
( ) 14 Route review means a visual inspection of containers along a hauler route
for the purpose of determining container contamination, and may include
Ordinance 403
Page 25
mechanical inspection methods such as the use of cameras, or as otherwise
defined in 14 CCR. Section 18982(a)(65).
( v) 7 Salvage means the controlled removal of C&1) debris from a covered
project, for the purpose of reuse or storage for later reuse.
O SB 1383 means Senate Bill 1383 of 2016 approved by the Governor on
September 19,2016,which added Sections 39730.5,39730.6,39730.7,and
39730.8 to the Health and Safety Code, and added Chapter 13.1
(commencing with Section 42652) to Part 3 of Division 30 of the Public
Resources Code, establishing methane emissions reduction targets in a
statewide effort to reduce emissions of short-lived climate pollutants as
amended, supplemented, superseded, and replaced from time to time.
(yyy 7J7 SB 1383 Regulations or SB 1383 Regulatory means or refers to, for the
purposes of this Article, the short-lived climate pollutants: organic waste
reduction regulations developed by CalRecycle that created 14 CCR,
Division 7,Chapter 12 and amended portions of regulations of 14 CCR and
27 CCR.
( } Self-hauler means a person, who hauls solid waste, organic waste or
recyclable material they have generated to another person. Self-hauler also
includes a person who back-hauls waste, or as otherwise defined in 14 CCR
Section 18982(a)(66). Back-haul means generating and transporting
Organic Waste to a destination owned and operated by the generator using
the generator's own employees and equipment, or as otherwise defined in
14 CCR Section 18982(a)(66)(A). Self-hauler also includes a landscaper.
( *CM Service level refers to the size of a customer's container(s) and the
frequency of collection service.
$( Share table has the same meaning as in Section 114079 of the Health and
Safety Code.
(eeec-)( Single-family means of, from, or pertaining to any residential premises
with fewer than five units.
(dddd) "22 Solid waste has the same meaning as defined in State Public Resources
Code Section 40191, which defines solid waste as all putrescible and
nonputrescible solid,semisolid,and liquid wastes,including garbage,trash,
refuse,paper,rubbish,ashes, industrial wastes,construction and demolition
debris,abandoned vehicles and parts thereof,discarded home and industrial
appliances,dewatered,treated, or cliemic�zlly fixed sewage sludge which is
not hazardous waste, manure, vegetable or animal solid and semi-solid
wastes, and other discarded solid and se3r_isolid wastes, with the exception
that solid waste does not include any of the following wastes:
(1) Hazardous waste, as defined in the State Public Resources Code
Section 40141.
Ordinance 403
Page 26
(2) Radioactive waste regulated pursuant to the State Radiation Control
Law (Chapter 8 (commencing with Section 1 14960) of Part 9 of
Division 104 of the State Health and Safety Code).
(3) Medical waste regulated pursuant to the State Medical Waste
Management Act (Part 14 (commencing with Section 117600) of
Division 104 of the State 14ealth and Safety Code). Untreated
medical waste shall not be disposed of in a Solid Waste landfill, as
defined in State Public Resources Code. Section 40195.1. Medical
waste that has been treated and dcemed to be Solid Waste shall be
regulated pursuant to Division 30 of the State Public Resources
Code.
(eeee) $ Solid waste materials container has the same meaning as in 14 CCR
Section 18982.2(a)(28) and shall be usel for the purpose of storage and
collection of Solid Waste.
(€€f# U44 Source separated means materials, in:,ludin`, commingled recyclable
materials, that have been separated or kept separate from the Solid Waste
stream, at the point of generation, for the purpose of additional sorting or
processing those materials for recycling or reuse in order to return them to
the economic mainstream in the form or raw nnaterial for new, reused, or
reconstituted products, which meet the cuality standards necessary to be
used in the marketplace, or as otherwise defined in 14 CCR Section
17402.5(b)(4). For the purposes of this Article, source separated shall
include separation of materials by the generator, property owner,property
owner's employee,property manager,or property manager's employee into
different containers for the purpose of collection such that source separated
materials are separated from solid waste for the purposes of collection and
processing.
(gggg) $M,5 Source separated organic materials means source separated organic
materials that can be placed in �.r.i organic materials container that is
specifically intended for the separate col"ection of organic waste.
(hhhh) $ Source separated recyclable materials means source separated
recyclables materials that can be placed ir.a recyclable materials containers
that is specifically intended for the separate collection of recyclable
materials
(44i) "77 State means the State of California.
Supermarket means a full-line, sel l-serN ice retail store with gross annual
sales of two million dollars, or more,. and which sells a line of dry grocery,
canned goods,or nonfood items and some perishable items,or as otherwise
defined in 14 CCR Section 18982(a)(71).
(lam) $ Tier one commercial edible food generator rracans a commercial edible
food generator that is one of the following:
Ordinance 403
Page 27
(1) Supermarket.
(2) Grocery store with a total 1:ac:ility size equal to or greater than ten
thousand square feet.
(3) Food service provider.
(4) Food distributor.
(5) Wholesale food vendor.
If the definition in 14 CCR Section 189:C(a)(73) of tier one commercial
edible food generator differs from this definition,the definition in 14 CCR
Section 18982(a)(73) shall apply to this ,Article.
Tier two commercial edible food genes ator means a commercial edible
food generator that is one of the following:
(1) Restaurant with two hundred fife% or more seats, or a total facility
size equal to or greater than. live thousand square feet.
(2) Hotel with an on-site food facility and two hundred or more rooms.
(3) Health facility with an on-site foot) facility and one hundred or more
beds.
(4) Large venue.
(5) Large event.
(6) A State agency with a cafeteria wi:h two hundred fifty or more seats
or total cafeteria facility size egi.a�l to or greater than five thousand
square feet.
(7) A local education agency facility with an on-site food facility.
If the definition in 14 CCR Secti(.,:1 18%',2(a)(74) of tier two commercial
edible food generator differs from this do`initioir,the definition in 14 CCR
Section 18982(a)(74) shall apply to this ,�rticic.
(mmmm)("l Transportation or transport nuearns the act of conveying Collected
materials from one location to ariot ner.
(nnnn) 21 2 Universal waste means waste del' l y 22 CCR Subsections 66273.1
through 66273.9, including, but not limn-ed to batteries, fluorescent light
bulbs, mercury switches, and E-Aase.
feeee) West Valley Clean Water Aut1r o rity means the stormwater pollution
prevention authority for the cities of Campbell, Monte Sereno, Saratoga,
and the town of Los Gatos.
Ordinance 403
Page 28
(pppp) ("4 Wholesale food vendor means a In.1sines; or establishment engaged in the
merchant wholesale distribution oJ- food, ;vtierc food (including fruits and
vegetables) is received, shipped., stored, prepared for distribution to a
retailer,warehouse,distributor,or other cl.stination,or as otherwise defined
in 14 CCR Section 189852(a)(76).
*x* End of Amendments. r ,
1787458.1