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HomeMy WebLinkAboutOrdinance 266ORDINANCE NO. 266 AN ORDINANCE AMENDING THE CITY OF SARATOGA MUNICIPAL CODE TO INCLUDE A COMPILATION OF EXISTING LOCAL LAWS THAT PROMOTE SUSTAINABILITY THROUGH THE REDUCTION OF GREENHOUSE GAS EMISSIONS THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Findings. Article 17 -05 Existing Laws 17- 05.010 A. The City of Saratoga has undertaken a number of measures to promote environmental stewardship, increase community sustainability and reduce greenhouse gas emissions. B. As one part of these efforts, over a number of years, Saratoga's City Councils have adopted ordinances, currently codified in the City's Municipal Code, which promote sustainability by directly or indirectly reducing the production of greenhouse gas emissions. C. The City Council desires to compile existing sections of the Municipal Code, and future relevant sections of the Code pertaining to the reduction of greenhouse gas emissions into a new section of the Code, providing a readily accessible reference. Section 2. Adoption. The Saratoga City Code is hereby amended to adopt a new Chapter 17 regarding Sustainability including Article 17 -05 "Greenhouse Gas Reduction Policies." The purpose of this new Article is to compile references to other Municipal Code Sections related to Climate Protection, in order to provide a ready reference to these sections; this Article does not change the City's existing laws in any way. The full text of the new Chapter and Article are set forth below: Chapter 17 Sustainability Greenhouse Gas Reduction Policies. The list below provides a reference to Sections of the City of Saratoga Municipal Code seeking to reduce emissions of greenhouse gases, together with a brief description of each Section. Nothing in this section shall change the meaning of the code sections summarized below and the full text of each section shall apply regardless of the summary below. Page 1 of 4 a) 2 -45.95 Recycled Paper. Mandates the establishment of procedures for purchasing recycled paper and paper products, giving preference to recycled materials when all other factors are equal. b) 4- 65.090 Recyclers: Quarterly Reports. Requires quarterly reports on meeting waste reduction goals. c) 6- 15.070 Discharge of pollutants into storm drains and watercourses. Establishes a misdemeanor for depositing pollutants into natural waterways and storm drains. d) 9 -70 Transportation Demand Management. Promotes the implementation of programs to reduce traffic congestion and improve air quality in the City. e) 14- 25.065 Subdivisions: Design Requirements: Creek protection easement. To protect creeks, creek banks, and associated wildlife habitats, prohibits building within a specified area around a protected creek. f) 15 -16 P -C: Planned Community District. Allows for the creation of Planned Community Districts, which include smaller, less expensive housing, in addition to dedicating space for parks and recreation uses. 15- 20.050(j) R -OS: Residential Open Space District, Development Criteria: Landscaping. In R -OS areas, gives preference to natural, indigenous, and drought- resistant plants. g h) 15- 45.055 Residential Design Handbook. Requires that all single family structures be built in accordance with the guidelines in the Residential Design Handbook, which includes information on energy efficiency and promotes native vegetation and minimizing the amount of paved surfaces. i) 15 -47 Water Efficient Landscapes. To promote water conservation, encourages water efficient landscaping including programming watering devices to account for weather patterns, using recycled water for landscape irrigation, and grouping plants for efficient watering. Also requires that the City inform new home owners about water efficient landscapes. J) 15 -48 Limitations on Wood burning Fireplaces. To improve air quality, limits installation of fireplaces in new construction, and outlaws burning garbage, plastics, rubber, paint, and anything that might emit noxious or toxic fumes. k) 15 -50 Tree Regulations. Provides for the preservation of trees, which offer both scenic and climatic benefits to the City. Requires approval for the removal of protected trees (15- 50.050), and gives the City the power to require the planting of new trees as a condition for approving the removal of a tree (15- 50.080). 1) 15 -52 Small Wind Energy Systems. Facilitates construction of small wind energy conversions systems for home, farm, and small commercial use. m) 15 -56 Second Dwelling Units. Section 15- 56.030(d) allows additional site coverage and allowable floor area in a second dwelling unit, if that unit is deed restricted to only be Page 2 of 4 n) 15- 80.030(0 Miscellaneous Regulations and Exceptions: Solar panels. Subject to approval by the Community Development Director, solar panels not exceeding six feet in height may be located within any portion of a rear setback area. p) o) 15 -81 Housing Density Bonus. Provides for incentives for high- density housing that includes housing specifically set aside for senior citizens and low income persons. 16 -72 Construction and Demolition Debris. Requires a recycling plan for construction and demolition debris for projects with more than 2,500 square feet of floor space. Plans should maximize waste diverted from landfills, and are documented, approved, and overseen by City staff. q) rented to below market rate households. 16- 75.030 Water Conservation Devices. Requires that all newly constructed buildings incorporate water conservation devices into plumbing and irrigation systems. Section 3. California Environmental Quality Act. Pursuant to the California Environmental Quality Act, this action is exempt under CEQA Guidelines Section 15308 (the amendment is exempt because it assures the maintenance, restoration, enhancement, or protection of the environment) and CEQA Guidelines Section 15061(b) (3) (where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA). Section 4. Summary of Existing Law. This ordinance will merely summarize language in the City Code. The summaries would not cause a change in existing law. Section 5. Publication. This Ordinance shall be published once in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Page 3 of 4 The foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Saratoga held on the 1st day of April 2009 and adopted by the following vote following a second reading on the 15th day of April 2009: AYES: Councilmember Susie Nagpal, Howard Miller, Vice Mayor Kathleen King, Mayor Chuck Page NAYS: Jill Hunter ABSENT: None ABSTAIN: None AT EST: Ann Su Ivan, Chuck Page, CLERK OF THE CITY OF SARATOGA MAYOR OF THE CITY I TOGA APPROVED AS TO FORM: Richard Taylor, CITY ATTORNEY Page 4 of 4 MAYOR.