Article 16-75

MISCELLANEOUS REGULATIONS Sections:*

Whenever any Section of this Code, or any code adopted by this Chapter, or any other ordinance or regulation of the City requires the submission of a geology or soils report (hereinafter referred to as a geotechnical report) or whenever such report is otherwise required by the City Engineer or the Planning Director, the following provisions shall be applicable:

(a) The applicant shall be solely responsible for selection and compensation of the geotechnical consultant; except, that the City may specify the type and licensing requirements for the consultant.

(b) The City shall have the right to require a third party geotechnical consultant in the event of any major disagreement between the City's geotechnical consultant and the applicant's consultant. The City will provide a list of at least three qualified geotechnical consultants to the applicant from which to select one as such third party consultant, and the applicant shall be responsible for his compensation. The decision of the third party consultant shall be conclusive on the City and the applicant.

(c) The substance and scope of each geotechnical report shall remain the sole responsibility of the appli-

*Editor’s note— Ord. No. 414, § 2(App. A), adopted November 5, 2025, repealed the former Article 16-75, §§ 16-75.010—16-75.080, and enacted a new Article 16-75 as set out herein. The former Article 16-75 pertained to similar subject matter and derived from Ord. 219 § 1, 2003; Ord. No. 315, § 1.7, April 2, 2014; Ord. No. 340, §§ 1(Att. A, § 13, 14), July 6, 2016.

cant and his consultant. Any comments by the City or the City's geotechnical consultants are for the purpose of pointing out possible areas of concern to the applicant or deficiencies in the report, and any approval of any geotechnical report by the City shall not be construed to imply that the City or the City's consultant warrants the accuracy of the report or any of its contents, findings or recommendations.

(d) Whenever any applicant submits a geotechnical report to the City, he shall also submit a written statement to the City representing that he is and will be relying upon the investigation, report and opinion of his own geologist, and that if the requested site approval, subdivision approval or building, grading or other permit or permits are granted, he agrees to and does thereby indemnify and hold the City, its officers, agents, employees, boards, commissions and professional consultants, free and harmless from and against any and all claims, actions, damages, suits or liabilities claimed by the applicant or any other person by reason of any actual or potential geologic hazard, including, without limitation, land slippage, landslide, earthquake, slope instability, soil or sub-soil instability, or lack of lateral or subjacent support of any kind or nature, including any failure, collapse or damage to any building or structure or its foundation, and further setting forth that he is voluntarily and knowingly assuming the risk thereof.

(Ord. No. 414, § 2(App. A), 11-5-2025)

(a) Every site on which improvements have been constructed for human occupancy shall be identified by address numbers located in such a position as to be plainly visible and legible from the street which provides the means of access to the site.

(b) The failure or refusal by any owner or occupant of a site to identify the premises as required by this Section, within thirty days after written notice is given by the City to do so, shall constitute an infraction offense subject to the penalties as prescribed in Chapter 3 of this Code.

(Ord. No. 414, § 2(App. A), 11-5-2025)

(a) The regulations provided by this Chapter are in addition to and supplement any other regulations pertaining to building projects within the City of

(Saratoga Supp. No. 57, 1-26)

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16-75.040

Saratoga. This Chapter is applicable to any project in the City of Saratoga for which a building permit is required.

(b) From the time of issuance of a building permit for new construction, remodels affecting more than twenty-five percent of either the floor area or exterior wall modification until a certificate of occupancy is issued, the contractor shown on the building permit or, if there is none, the owner (hereinafter the "permit applicant") shall cause the construction project site to be enclosed by a six-foot opaque fence and to be kept in a reasonably clean condition. Said fence shall be located in a manner not to obstruct necessary line of sight at intersections of private or public roads.

• (c) "Reasonably clean condition" means:

(1) No construction material, equipment, portable toilets, trash containers, or debris is placed in the public right-of-way, pedestrian, or equestrian trail easement.

(2) A trash container is maintained on the project site at all times and debris on the site, which could otherwise blow away, is regularly collected and placed in the container.

(3) All construction debris (wood scraps and other debris, which cannot blow away) shall be piled within the property lines of the project in a neat and safe manner.

(4) The project site shall have a signage viewable from the public street that indicates the hours of operation pursuant to the City of Saratoga Noise Regulations, Article 7-30.060, hours of construction must be posted. Emergency contact information and as well as weekend and after-hours Sheriff contact numbers.

(5) Sanitation Facilities:

(A) A minimum of one portable toilet shall be provided for every 20 workers (or fraction thereof) onsite when public sewer access is unavailable.

(B) Portable toilets shall be properly maintained, cleaned, and pumped at least weekly—or more frequently as necessary—to remain sanitary.

(C) Portable toilets must be placed at least 10 feet from side and rear property lines and located so as not to obstruct public access or trail easements.

(D) The portable toilet provider must be a licensed sanitation vendor.

(6) Construction Site Signage:

(A) A permanent, weather-resistant sign shall be installed and maintained in a clearly visible location from the public street, as part of the project site's perimeter.

(B) Sign specifications:

1. Minimum size: 4 sq. ft. (e.g., 2 ft. × 2 ft.), mounted at least 4 ft. above ground level.

2. Lettering must be at least 2 inches in height for visibility/readability.

• (C) Required content:

1. Building Permit Number;

2. Brief Description of Project;

3. Contractor Name and Contact Phone Num-

ber;

4. City Sheriff's Non-Emergency Phone Number;

5. Hours of Operation (consistent with City Noise Ordinance, Article 7-30.060).

(D) The Building Official has the authority to require additional signage, specific placement, or legibility upgrades as needed for public safety or site identification.

(d) The permit applicant shall at all times maintain and use trash containers on the project site. A thirty-two-gallon size container, with handles, or similar container labeled "TRASH ONLY" shall be provided for each single-family residence, small commercial project or multi-family project up to four units. A trash dumpster shall be provided for each multi-family project of more than four units or each large commercial project.

(e) The Building Official, or his or her designated representative, shall have the authority, at the time of issuance of a building permit or any time prior to certification of occupancy, to require additional trash containers or make such orders as are necessary to insure a clean project site.

(f) Should the Building Official determine that the project is not being maintained in a reasonably clean manner as defined herein or that the permit applicant has failed to comply with an order issued pursuant to this Chapter, the Building Official may do any or all of the following:

(1) Refuse to make further inspections on the proj-

ect.

(2) Issue a stop work order on the project.

(Saratoga Supp. No. 57, 1-26)

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(3) Cause to be issued a citation for violation of this Chapter.

(Ord. No. 414, § 2(App. A), 11-5-2025)

New residential development shall be designed and constructed to provide an interior noise level of DNL forty-five dB or less in habitable rooms (due to outdoor sources).

(Ord. No. 414, § 2(App. A), 11-5-2025)

(a) Purpose and intent. This section is intended to establish an expedited, streamlined solar permitting process that complies with the Solar Rights Act and AB 2188 (Chapter 521, Statutes 2014, California Government Code Section 65850.5) to achieve timely and costeffective installations of small residential rooftop solar energy systems. This Section is further intended to encourage the use of solar systems by removing unreasonable barriers and minimizing costs to property owners and the City, and expanding the ability of property owners to install solar energy systems. This Section allows the City of Saratoga to achieve these goals while protecting the public health and safety.

(b) Application.

(1) This Section applies to the permitting of all small residential rooftop solar energy systems in the City.

(2) Small residential rooftop energy systems legally established or permitted prior to August 6, 2016 are not subject to the requirements of these provisions unless physical modifications or alterations are undertaken after that date that materially change the size, type, or components of a small rooftop energy system in such a way as to require a new permit. Routine operation and maintenance or like-kind replacements shall not require a permit.

(c) Definitions. The following words, terms and phrases, when used in this Section, shall have the following meanings:

(1) Electronic submittal means the utilization of one or more of email, the Internet, or facsimile.

(2) Reasonable restrictions on a solar energy system are those restrictions that do not significantly increase the cost of the system or significantly decrease its efficiency or specified performance, or that allow for

an alternative system of comparable cost, efficiency, and energy conservation benefits. As provided in California Civil Code Section 714(d)(1), reasonable restrictions may include, but are not limited to:

i. For water heater systems or solar swimming pool heating systems: an amount exceeding ten percent of the cost of the system, but in no case more than one thousand dollars, or decreasing the efficiency of the solar energy system by an amount exceeding ten percent, as originally specified and proposed.

ii. For photovoltaic systems: an amount not to exceed one thousand dollars over the system cost originally specified and proposed, or a decrease in system efficiency of an amount exceeding ten percent as originally specified and proposed.

(3) Small residential rooftop solar energy system means all of the following, as defined in California Government Code Section 65850.5:

i. A solar energy system that is no larger than ten kilowatts alternating current nameplate rating or thirty kilowatts thermal.

ii. A solar energy system that conforms to all applicable State fire, structural, electrical, and other building codes as adopted or amended by the City and all state and City health and safety standards.

iii. A solar energy system that is installed on a single or duplex family dwelling.

iv. A solar panel or module array that does not exceed the maximum legal building height as defined by the City.

(4) Solar energy system means either of the following, as defined in California Civil Code Section 801.5:

i. Any solar collector or other solar energy device whose primary purpose is to provide for the collection, storage, and distribution of solar energy for space heating, space cooling, electric generation, or water heating.

ii. Any structural design feature of a building, whose primary purpose is to provide for the collection, storage, and distribution of solar energy for electricity generation, space heating or cooling, or for water heating.

(5) Specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety

438.39 (Saratoga Supp. No. 57, 1-26)

16-75.060

standards, policies, or conditions as they existed on the date the application was deemed complete, as defined in Government Code Section 65850.5.

(d) Solar energy system requirements.

(1) All solar energy systems shall meet applicable health and safety standards and requirements imposed by the State, the City, and the fire district with jurisdiction.

(2) Solar energy systems for heating water in singlefamily residences and for heating water in commercial buildings or swimming pool applications shall be certified by an accredited listing agency as defined by the California Plumbing and Mechanical Code.

(3) Solar energy systems for producing electricity shall meet all applicable safety and performance standards established by the California Electrical Code, the Institute of Electrical and Electronics Engineers, and accredited testing laboratories such as Underwriters Laboratories and, where applicable, rules of the Public Utilities Commission regarding safety and reliability.

(e) Duties of the Building Division and Building Official.

(1) The City's Building Division shall adopt a standard plan and checklist of all requirements with which small residential rooftop solar energy systems shall comply to be eligible for expedited review. All documents required for the submission of an expedited small residential rooftop solar energy system application shall be made available on the publicly accessible City website.

(2) The small residential rooftop solar system permit process, standard plan(s), and checklist(s) shall substantially conform to recommendations for expedited permitting, including the checklist and standard plans contained in the most current version of the California Solar Permitting Guidebook adopted by the Governor's Office of Planning and Research.

(3) Electronic submittal of the required permit application and documents by email, or the Internet, shall be made available to all small residential rooftop solar energy system permit applicants. Applicants may also submit the permit application and associated documentation in person or by mail.

(4) In the case of electronic submittal, an applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

(f) Plan review and inspection requirements.

(1) Consistent with California Government Code Section 65850.5 and Section 15-80.030(f) of this Code, the Building Division shall issue a building permit, the issuance of which is nondiscretionary, upon receipt of a complete application that meets the requirements of the approved checklist and standard plan. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

(2) The Building Official may require an applicant to apply for a use permit if the official makes written findings, based on substantial evidence, that the solar energy system could have a specific, adverse impact upon the public health and safety. If a use permit is required, the City may deny an application for the use permit if it makes written findings based upon substantial evidence in the record that the proposed installation would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Decisions under this subdivision may be appealed to the Planning Commission. Such appeals shall be governed by the procedure set forth in Article 15-90 of Chapter 15 of this Code.

(3) A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for a permit. The City shall use its best efforts to ensure that the selected method, condition, or mitigation meets the conditions of Section 16-75.070(c)(3) of this Code defining restrictions that do not significantly increase the cost of the system or decrease its efficiency or specified performance. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(4) The City shall not condition the approval of an application on the approval of an association, as that term is defined in California Civil Code Section 4080.

(Saratoga Supp. No. 57, 1-26)

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16-75.070

(5) Issuance of the permit does not authorize an applicant to connect the small residential rooftop energy system to the electrical grid. The applicant is responsible for obtaining such permission from the local utility provider.

(6) If an applicant provides the City with an email address for the local utility provider as a part of his or her application, the City will submit a copy of that applicant's final building permit to the local utility provider.

(7) Only one consolidated inspection shall be required and performed by the City for small residential rooftop solar energy systems eligible for expedited review. The consolidated inspection shall be done in a timely manner. This inspection shall encompass all applicable local, state, and federal health and safety regulations including fire department regulations. If a small residential rooftop solar energy system fails inspection, a subsequent inspection is authorized, however, the subsequent inspection need not conform to the requirements of this Section.

(Ord. No. 414, § 2(App. A), 11-5-2025)

such a way as to require a new permit. Routine operation and maintenance or like-kind replacements shall not require a permit.

(c) Definitions. The following words, terms and phrases, when used in this Section, shall have the following meanings ascribed to them:

(1) Electronic submittal means the utilization of one or more of email, the Internet, or facsimile.

(2) Electric vehicle charging station or charging station means any level of electric vehicle supply equipment station that is designed and built in compliance with Article 625 of the California Electrical Code, as it reads on the effective date of this Section, and delivers electricity from a source outside an electric vehicle into a plug-in electric vehicle, as defined in California Government Code Section 65850.7.

(3) Specific, adverse impact means a significant, quantifiable, direct, and unavoidable impact, based on objective, identified, and written public health or safety standards, policies, or conditions as they existed on the date the application was deemed complete, as defined in California Government Code Section 65850.7.

(d) Electric vehicle charging station requirements.

(a) Purpose and intent. This Section is intended to establish an expedited, streamlined electric vehicle charging station permitting process that complies with the Electric Vehicle Charging Stations Open Access Act and AB 1236 (Chapter 598, Statutes 2015, California Government Code Section 65850.7) to achieve timely and cost-effective installations of electric vehicle charging stations. This Section is further intended to promote and encourage the use of electric vehicle charging stations by homeowners, agricultural concerns, and business concerns by limiting obstacles to their use and minimizing costs to property owners and the City. This Section allows the City of Saratoga to achieve these goals while protecting the public health and safety.

(b) Application.

(1) This Section applies to the permitting of all electric vehicle charging stations in the City.

(2) Electric vehicle charging stations legally established or permitted prior to August 6, 2016 are not subject to the requirements of these provisions unless physical modifications or alterations are undertaken after that date that materially change the size, type, or components of an electric vehicle charging station in

(1) All electric vehicle charging stations shall meet applicable health and safety standards and requirements imposed by the State, the City, and the fire district with jurisdiction.

(2) Electric vehicle charging stations shall meet all applicable safety and performance standards established by the California Electrical Code, the Society of Automotive Engineers, the National Electrical Manufacturers Association, and accredited testing laboratories such as Underwriters Laboratories and rules of the Public Utilities Commission regarding safety and reliability.

(e) Duties of the Building Division and Building Official.

(1) The City's Building Division shall adopt a standard checklist of all requirements with which electric vehicle charging stations shall comply to be eligible for expedited review. All documents required for the submission of an expedited electric vehicle charging station application shall be made available on the publicly accessible City website.

(2) The electric vehicle charging station permit process and standard checklist shall substantially conform to recommendations for expedited permitting, including the checklist contained in the most current

(Saratoga Supp. No. 57, 1-26)

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version of the "Plug-In Electric Vehicle Infrastructure Permitting Checklist" of the "Zero-Emission Vehicles in California: Community Readiness Guidebook" published by the Governor's Office of Planning and Research.

(3) Electronic submittal of the required permit application and documents by email, or the Internet, shall be made available to all electric vehicle charging station permit applicants. Applicants may also submit the permit application and associated documentation in person or by mail.

a permit. Any condition imposed on an application shall be designed to mitigate the specific, adverse impact upon health and safety at the lowest possible cost.

(4) The City shall not condition the approval of an application on the approval of an association, as that term is defined in California Civil Code Section 4080.

(Ord. No. 414, § 2(App. A), 11-5-2025)

(4) In the case of electronic submittal, an applicant's electronic signature shall be accepted on all forms, applications, and other documents in lieu of a wet signature.

(f) Plan review requirements.

(1) Consistent with California Government Code Section 65850.7, the Building Division shall issue a building permit, the issuance of which is nondiscretionary, upon receipt of a complete application that meets the requirements of the approved checklist and standard plan. If an application is deemed incomplete, a written correction notice detailing all deficiencies in the application and any additional information or documentation required to be eligible for expedited permit issuance shall be sent to the applicant for resubmission.

(2) The Building Official may require an applicant to apply for a use permit if the official makes written findings, based on substantial evidence, that the charging station could have a specific, adverse impact upon the public health and safety. If a use permit is required, the City may deny an application for the use permit if it makes written findings based upon substantial evidence in the record that the proposed charging station would have a specific, adverse impact upon public health or safety and there is no feasible method to satisfactorily mitigate or avoid, as defined, the adverse impact. Such findings shall include the basis for the rejection of the potential feasible alternative for preventing the adverse impact. Decisions under this subdivision may be appealed to the Planning Commission. Such appeals shall be governed by the procedure set forth in Article 15-90 of Chapter 15 of this Code.

(3) A feasible method to satisfactorily mitigate or avoid the specific, adverse impact includes, but is not limited to, any cost-effective method, condition, or mitigation imposed by the City on another similarly situated application in a prior successful application for

(Saratoga Supp. No. 57, 1-26)

438.42