HomeMy WebLinkAboutOrdinance 265Section 1. Findings.
ORDINANCE No. 265
AN ORDINANCE ADOPTING AND AMENDING THE STATE OF CALIFORNIA'S
RECOMMENDED WILDLAND -URBAN INTERFACE FIRE AREA MAP TO REPLACE THE
CITY'S EXISTING HAZARDOUS FIRE AREA MAP, MAKING CONFORMING AMENDMENTS
TO THE CITY CODE, AND ESTABLISHING SUPPLEMENTAL ENFORCEMENT PROCEDURES
FOR THE EARLY WARNING ALARM SYSTEM REQUIREMENTS OF THE CITY CODE.
THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS
FOLLOWS:
The City Council finds and declares as follows:
A. On April 1, 2009, the City Council conducted a duly noticed public hearing at
which all interested persons had an opportunity to be heard to consider the
adoption of new (1) very high fire hazard severity zones for the City of Saratoga
in accordance with California Government code sections 51175 through 51189
and (2) procedures for enforcement of the City's early warning alarm system
requirements.
B. California Government Code sections 51175 through 51189 require the City of
Saratoga to designate by ordinance very high fire hazard severity zones within its
jurisdiction after receiving recommendations from the Director of Forestry
and Fire Protection.
C. California Government Code Section 51189(c) allows local agencies to make
amendments to the recommended very high fire hazard severity zones based on
substantial evidence regarding local conditions.
D. The City of Saratoga has previously adopted a Hazardous Fire Area Map (the
"City Fire Map designating hazardous fire areas. All new single family
dwellings, commercial structures and community facilities within those designated
hazardous fire areas are required to install an early warning fire alarm system. All
existing single family dwellings, commercial structures and community facilities
within those designated hazardous fire areas which are expanded by fifty percent or
more in floor area are also required to install an early warning fire alarm system. In
addition, the installation of an early warning fire alarm system may be required
when existing commercial structures or community facilities of any size located with
those designated hazardous fire area are remodeled or their use is changed.
E. The City of Saratoga's Wildland -Urban Interface Fire Area is defined as all areas
within the City designated as hazardous fire areas on the City Fire Map. All new
buildings and all existing buildings modified to increase the gross floor area (with
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exceptions for new non habitable structures accessory to single family residences
that have a gross floor area of 500 square feet or less and for one -time additions to
existing buildings made after January 1, 2008 that do not exceed 500 square feet in
gross floor area) located in the City's Wildland -Urban Interface Area are required to
provide automatic sprinkler systems.
F. Based on evidence supplied by the Saratoga Fire Protection District and the
Santa Clara County Fire Department, the City Council hereby makes the
following findings supporting the inclusion in the new Wildland -Urban
Interface Fire Area Map of areas which were not identified as very high fire
hazard severity zones by the State but which are identified as hazardous
fire areas on the City Fire Map.
1. The City of Saratoga experiences low humidity, high winds and warm
temperatures during the summer months which creates conditions
particularly conducive to the ignition and spread of grass, brush and
structure fires in the areas identified on the City Fire Map. In addition, the
presence of heavy vegetation in those areas increases the potential for the
rapid spread of any fire which may start, particularly during seasonal dry
spells.
2. The areas identified on the City Fire Map are within or immediately
adjacent to hillsides where fires would be difficult for emergency
responders to access and control or prevent from spreading to surrounding
structures or wildland areas.
3. These exceptionally hazardous conditions, potential response delays and
compromised fire suppression capabilities cumulatively mandate the
inclusion of these areas in the new Wildland -Urban Interface Fire Area
Map.
G. The existing City Code requires, under various circumstances specified in the
Code, installation and continued operation of an early warning alarm system. This
ordinance would ensure effective operation of the system on a citywide basis by
delegating to the City's Fire Districts the authority to enforce the alarm system
requirements and by establishing an appeal procedure for those enforcement
proceedings.
H. The existing City Code prescribes the method of use, properties, performance, or
types of materials used in the construction, alteration, improvement, repair, or
rehabilitation of a building, structure, factory -built housing, or other improvement
to real property, including fixtures, architectural and design functions in areas
subject to the City Fire Map. This ordinance amends the City Fire Map but does
not amend the existing prescriptions.
I. The ordinance governs buildings standards in the City of Saratoga. It does not
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modify the boundaries of any established zoning district, or impose, remove or
modify any regulations concerning the use of buildings, structures, and land as
between industry, business, residences, open space, including agriculture, recreation,
enjoyment of scenic beauty, use of natural resources, or any other purposes. It does not
impose, remove or modify any regulations concerning signs and billboards; the
location, height, bulk, number of stories, and size of buildings or structures; the size and
use of lots, yards, courts, or other open spaces; the percentage of a lot which may
be occupied by a building or structure; the intensity of land use; requirements
for offstreet parking and loading; the establishment and maintenance of building
setback lines; or the creation of civic districts around civic centers, public parks,
public buildings, or public grounds.
Section 2. Adoption.
A. Map Adoption. The Wildland -Urban Interface Fire Area Map, identified as Exhibit
"A," attached hereto and incorporated herein by this reference, is herby designated
as the map delineating very high fire hazard severity zones for the City of Saratoga.
A copy of this map, properly attested, shall be maintained in the Office of the city
Clerk of the City of Saratoga.
B. Code Amendment. The Saratoga City Code is amended to read as follows. Any text
inserted by this amendment is indicated in bold, double underlined font
(example); any text deleted by this ordinance is indicated in strikeout font
(example); text in standard font is unchanged by this ordinance.
1. Article 14- 25.110 of the Saratoga City Code is amended as follows:
14- 25.110 Early warning fire alarm system.
(a) Findings and purpose. The City Council finds and determines as follows:
(1) Utilization of current technology in the detection and warning of fire
will significantly enhance the level of protection from such hazard while at
the same time maximizing the effectiveness of existing equipment and
facilities for emergency responses.
(2) Certain areas of the City have been designated as the Wildland -Urban
Interface Fire Area hazardous fire arcs on the City's Wildland -Urban
Interface Fire Area Map, which are defined as any land covered with
grass, grain, brush or forest which is so situated or is of such inaccessible
location that a fire originating upon such land would present an abnormally
difficult job of suppression or would result in great and unusual damage
through fire or resulting erosion. The response time of emergency equipment
to calls for aid in the Wildland -Urban Interface Fire Area hazardous fire
areas is impaired due to the nonavailability of access to some portions of
such areas, the existence of steep, narrow streets and roadways located in
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such areas, the lack of connecting streets and roadways in such areas, and
the unusual topography of such areas. Further, the presence of heavy
vegetation in the Wildland -Urban Interface Fire Area
arcs increases the potential for the rapid spread of any fire which may start
in such areas, particularly during seasonal dry spells.
(3) A substantial portion of the new single family dwellings being
constructed in the City are larger structures, typically in excess of five
thousand square feet with three -car garages. By reason of their size, a fire in
these structures can be more difficult to extinguish.
(4) The risk of fire to persons and property within multi family dwellings
and structures containing multiple sleeping units is proportionately greater
because of the higher density of occupants Immediate warning of fire and
notification to the Fire District of the existence and location of fire will serve
to reduce the possibility of death, injury and property damage.
(5) Because commercial buildings and community facilities are public
gathering places, the public health and safety risks of fire are particularly
acute. Immediate warning of fire and notification to the Fire District of the
existence and location of fire will serve to reduce the possibility of death,
injury and property damage in these structures.
(6) The public safety and welfare may necessitate installation of an early
warning fire alarm system in a commercial structure or community facility,
depending upon the facts and circumstances to be evaluated by the Fire
Chief in each individual case.
(7) It is the goal and policy of the City, as set forth in the Safety Element of
the General Plan, to require installation of an early warning fire alarm system
as hereinafter provided in this Section. The purpose of this Section is to
implement such goal and policy.
(b) Mandatory requirement for installation of alarm system. As a condition for
tentative map approval under this Chapter, the advisory agency shall require the
installation of an early warning fire alarm system in accordance with Article 16 -60
in Chapter 16 of this Code, and the connection of such system to a monitoring
station in such manner as may be specified by the Saratoga Fire District, in each of
the following cases:
(1) All new single family dwellings, commercial structures and community
facilities located within the Wildland -Urban Interface Fire Area
designated hazardous firo ar
(2) Any existing single family dwelling, commercial structure or
community facility which is expanded by fifty percent or more in floor area
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and is located within the Wildland -Urban Interface Fire Area designated
hazardous fire arm.
(3) All new single- family dwellings, commercial structures and community
facilities having a floor area in excess of five thousand square feet.
(4) Any existing single family dwelling, commercial structure or
community facility which is expanded by fifty percent or more in floor area
which, after such expansion, will exceed five thousand square feet in floor
area.
(5) All new multi family dwellings and other new structures having
multiple sleeping units including, but not limited to, hotels, motels,
apartments, condominiums or other community housing projects,
townhouses and nursing homes.
(6) Any existing multi family dwelling or other structure having multiple
sleeping units such as described in subsection (b)(5) of this Section, which is
expanded by fifty percent or more in floor area.
(c) Discretionary requirement for certain existing commercial structures and
community facilities. Where an existing commercial structure or community facility
is remodeled or the use thereof is changed, and such commercial structure or
community facility either: (1) has a floor area in excess of five thousand square feet,
or (2) regardless of size, is located within the Wildland -Urban Interface Fire
Area designated hazardous fire ar a, then the Chief of the Fire District having
jurisdiction over the project may require the installation of an early warning fire
alarm system in accordance with Article 16 -60 in Chapter 16 of this Code, and the
connection of such system to a monitoring station in such manner as may be
specified by the Saratoga Fire District. If the requirement to install an alarm system
is imposed, it shall be made a condition of tentative map approval under this
Chapter. The determination by the Fire Chief shall be based upon any one or more
of the following considerations:
(1) An occupant load increase of fifty percent or more.
(2) New commercial cooking operations.
(3) Hazardous materials storage for which a permit is required.
(4) The principal use involves the care or supervision of building occupants
such as day care facilities for children or senior citizens.
(d) Determination of floor area and fifty percent expansion.
(1) As used in this Section, the term "commercial structure" includes, but is
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not limited to, office buildings, retail stores, restaurants, repair shops, and
industrial buildings, and the term "community facility" includes, but is not
limited to, schools, theatres, churches, meeting halls and conference centers.
(2) The determination of floor area is as described in Chapter 15.
(3) For the purposes of this Section, any expansion shall be considered as
equaling or exceeding the fifty percent limit where the work of construction
or improvement is done at different time intervals requiring two or more
building permits, within a period of five years after completion of the first
improvement, where although each is for a project encompassing an
expansion of less than fifty percent of increased floor area, but when
combined with other expansions during the five -year period of time increase
the amount of floor area of the structure by fifty percent or more of that
amount which existed immediately prior to the commencement of the first of
the several expansions.
2. Article 15- 80.090 of the Saratoga City Code is amended to read as
follows:
15- 80.090 Early warning fire alarm system.
(a) Findings and purpose. The City Council finds and determines as follows:
(1) Utilization of current technology in the detection and warning of fire
will significantly enhance the level of protection from such hazard while at
the same time maximizing the effectiveness of existing equipment and
facilities for emergency responses.
(2) Certain areas of the City have been designated as the Wildland -Urban
Interface Fire Area hazardous fire area on the City's Wildland -Urban
Interface Fire Area Map, which are defined as any land covered with
grass, grain, brush or forest which is so situated or is of such inaccessible
location, that a fire originating upon such land would present an abnormally
difficult job of suppression or would result in great and unusual damage
through fire or resulting erosion. The response time of emergency equipment
to calls for aid in the hazardous fire areas is impaired due to the
nonavailability of access to some portions of such areas, the existence of
steep, narrow streets and roadways located in such areas, the lack of
connecting streets and roadways in such areas, and the unusual topography
of such areas. Further, the presence of heavy vegetation in the Wildland-
Urban Interface Fire Area increases the potential for
the rapid spread of any fire which may start in such areas, particularly during
seasonal dry spells.
(3) A substantial portion of the new single family dwellings being
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constructed in the City are larger structures, typically in excess of five
thousand square feet with three -car garages. By reason of their size, a fire in
these structures can be more difficult to extinguish.
(4) The risk of fire to persons and property within multi family dwellings
and structures containing multiple sleeping units is proportionately greater
because of the higher density of occupants. Immediate warning of fire and
notification to the Fire District of the existence and location of fire will serve
to reduce the possibility of death, injury and property damage.
(5) Because commercial buildings and community facilities are public
gathering places, the public health and safety risks of fire are particularly
acute. Immediate warning of fire and notification to the Fire District of the
existence and location of fire will serve to reduce the possibility of death,
injury and property damage in these structures.
(6) The public safety and welfare may necessitate installation of an early
warning fire alarm system in a commercial structure or community facility,
depending upon the facts and circumstances to be evaluated by the Fire
Chief in each individual case.
(7) It is the goal and policy of the City, as set forth in the Safety Element of
the General Plan, to require installation of an early warning fire alarm system
as hereinafter provided in this Section. The purpose of this Section is to
implement such goal and policy.
(b) Mandatory requirement for installation of alarm system. As a condition for the
granting of design review approval or a use permit or variance under this Chapter,
the approving authority shall require the installation of an early warning fire alarm
system in accordance with Article 16 -60 in Chapter 16 of this Code, and the
connection of such system to a monitoring station in such manner as may be
specified by the Saratoga Fire District, in each of the following cases:
(1) All new single family dwellings, commercial structures and community
facilities located within the designated Wildland -Urban Interface Fire
Area hazardous fire area.
(2) Any existing single family dwelling, commercial structure or
community facility which is expanded by fifty percent or more in floor area
and is located within the designated Wildla d -U
nrban Interface Fire Area
h f a
(3) All new single family dwellings, commercial structures and community
facilities having a floor area in excess of five thousand square feet.
(4) Any existing single family dwelling, commercial structure or
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community facility which is expanded by fifty percent or more in floor area
which, after such expansion, will exceed five thousand square feet in floor
area.
(5) All new multi family dwellings and other new structures having
multiple sleeping units including, but not limited to, hotels, motels,
apartments, condominiums or other community housing projects,
institutional facilities, townhouses and nursing homes.
(6) Any existing multi family dwelling or other structure having multiple
sleeping units such as described in subsection (b)(5) of this Section, which is
expanded by fifty percent or more in floor area.
(c) Discretionary requirement for certain commercial structures and community
facilities. Where an existing commercial structure or community facility is
remodeled or the use thereof is changed, and such commercial structure or
community facility either: (1) has a floor area in excess of five thousand square feet,
or (2) regardless of size, is located within the designated Wildland -Urban
Interface Fire Area then the Chief of the Fire District having
jurisdiction over the project, may require the installation of an early warning fire
alarm system in accordance with Article 16 -60 in Chapter 16 of this Code, and the
connection of such system to a monitoring station in such manner as may be
specified by the Saratoga Fire District. If the requirement to install an alarm system
is imposed, it shall be made a condition of the design review approval or use permit
or variance under this Chapter. The determination by the Fire Chief shall be based
upon any one or more of the following considerations:
(1) An occupant load increase of fifty percent or more.
(2) New commercial cooking operations.
(3) Hazardous materials storage for which a permit is required.
(4) The principal use involves the care or supervision of building occupants
such as day care facilities for children or senior citizens.
(d) Determination of floor area and fifty percent expansion.
(1) As used in this Section, the term "commercial structure" includes, but is
not limited to, office buildings, retail stores, restaurants, repair shops, and
industrial buildings, and the term "community facility" includes, but is not
limited to, schools, theatres, churches, meeting halls and conference centers.
(2) The determination of floor area is as defined in this Chapter; and
(3) For the purposes of this Section, any expansion shall be considered as
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equaling or exceeding the fifty percent limit where the work of construction
or improvement is done at different time intervals requiring two or more
building permits, within a period of five years after completion of the first
improvement, where although each is for a project encompassing an
expansion of less than fifty percent of increased floor area, but when
combined with other expansions during the five -year period of time increase
the amount of floor area of the structure by fifty percent or more of that
amount which existed immediately prior to the commencement of the first of
the several expansions.
3. Article 16- 20.100 of the Saratoga City Code is amended to read as
follows:
16- 20.100 Amendments to Chapter 9 of the Fire Code; Fire Protection
Systems.
(a) As noted in Section 16- 15.070 of the Saratoga Municipal Code,
modifications made in this Section also apply to and amend Chapter 9 "Fire
Protection Systems of the Building Code.
(b) Subsection 903.2 of the Fire Code is amended to read as follows:
903.2 Where Required. Approved automatic sprinkler systems in new
buildings and structures and in existing modified buildings and
structures, shall be provided in the locations, described in this section.
Automatic fire sprinklers shall be installed per the requirements set
forth in Sections 903.2.1 through 903.2.13 and as follows, whichever
is the more restrictive:
1. An automatic sprinkler system shall be provided throughout
all new buildings that have a gross floor area in excess of 3,600
square feet or that are three (3) or more stories in height.
2. An automatic sprinkler system shall be provided throughout
all existing buildings when any of the following occur:
buildings larger than 3,600 square feet are expanded;
modifications are made that increase the gross floor area to
more than 3,600 square feet; or the number of stories is
increased to three (3) or more.
EXCEPTION: One -time additions made after 01/01/2008 that
do not exceed 500 square feet in gross floor area.
3. An automatic sprinkler system shall be provided throughout
all new buildings located in the designated Wildland -Urban
Interface Fire Aareas.
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or less.
EXCEPTION: Any non habitable structures accessory to single
family residences that have a gross floor area of 500 square feet
4. An automatic sprinkler system shall be provided throughout
all existing buildings located in the designated Wildland -Urban
Interface Fire Aareas when modifications are made that
increase the gross floor area.
EXCEPTION: One -time additions to existing buildings made
after 01/01/2008 that do not exceed 500 square feet in gross
floor area.
(c) Subsection 903.2.18 is added to the Fire Code to read as follows:
903.2.18 Group U. Garage Sprinklers. In each of the following cases, a
garage for the parking of motor vehicles shall be equipped with an
automatic sprinkler system:
1. Any newly constructed attached or detached garage.
2. Any existing garage that constitutes a portion of an existing
dwelling which is altered, added to, or expanded so as to
increase the floor space under roof by fifty percent or more of
the amount of floor space under roof immediately prior to such
alteration, repair, addition, or expansion. For the purposes of
this paragraph, any alteration, repair, addition or expansion
shall be considered as equaling or exceeding the above fifty
percent limit where the work of construction or improvement is
done at different time intervals requiring two or more building
permits within a period of five years after completion of the
first improvement, where although each is for a project
encompassing an addition of less than fifty percent of increased
floor space, but which when combined with other expansions
during said five year period of time, increased the amount of
floor space under roof by fifty percent or more of that amount
which existed immediately prior to the commencement of the
first of the several alterations, repairs, additions or expansions.
3. Any existing garage which is altered, added to, or expanded
so as to increase the size of such garage by either 200 or more
square feet or thirty -three or more percent of the original size,
whichever is less.
The area of a garage shall include all contiguous areas within
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Ordinance No. 265
the structure utilized for workshop or storage purposes which
are not constructed as habitable space in accordance with the
requirements of this Code, whether or not such contiguous
areas are designed or utilized for the storage of motor vehicles.
Any automatic sprinkler system installed pursuant to this
Section shall comply with the standards set forth in National
Fire Protection Association Document 13D.
All garage sprinkler systems installed pursuant to this Section
shall be equipped with water flow switches that are connected
to audible warning devices of sufficient number and adequately
located within the dwelling so as to cause, when activated, a
level of audibility of not less than fifteen decibels above
ambient noise levels measured four feet above the floor with
bedroom doors closed. If the dwelling serviced by the garage in
which a sprinkler system is being installed is required to be
equipped with an early warning fire alarm system pursuant to
Chapter 16, Article 16 -60 of the Saratoga Municipal Code, the
water flow switches referred to herein shall also be connected
to the digital alarm communicator transmitter or the fire alarm
control panel described in Section 16- 60.020 of said Code.
However, if the dwelling serviced by the garage is not equipped
with such early warning fire alarm system, the water flow
switches shall be connected to an outside audible alarm that
will cause, when activated, a level of audibility at the property
line nearest to the alarm of not less than fifteen decibels above
the ambient noise level at such property line. The provisions
contained herein shall apply to both attached and detached
garages.
(d) Subsection 903.3 of the Fire Code is amended to read as follows:
903.3 Installation requirements. Automatic sprinkler systems shall be
designed and installed in accordance with Sections 903.3.1 through 903.3.7 and
Fire Department Standards.
4. Article 16- 20.170 of the Saratoga City Code is amended to read as
follows:
16- 20.170(a) Amendments to Chapter 47 of the Fire Code; Requirements for
Wildland -Urban Interface Plans.
(a) The definition of Wildand -Urban Interface Fire Area in Section 4702 of
the Fire Code is amended to read as follows:
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The Wildland -Urban Interface Fire Area is a geographical area identified
by the state as a "very high fire hazard severity zone High Firc Hazard
Severity Zone" in accordance with Public Resources Code Sections 4201
through 4204 and Government Code Sections 51175 through 51189, or
other areas designated by the enforcing agency to be at a significant risk
from wildfires. See Article 86B for the applicable referenced sections of
the Government Code and the Public Resources Code. The Wildland
Urban Interface Fire Area shall be defined as all areas within the City of
Saratoga designated as very high fire hazard severity zones hazardous
firo areas on the City of Saratoga's Wildland -Urban Interface Fire Area
Map Hazardous Fire Area Map. The Wildland -Urban Interface Fire
Area Map Hazardous Firc Ar a map, properly attested, shall be on file in
the Office of the City Clerk of the City of Saratoga.
5. Article 16- 60.010 of the Saratoga City Code is amended to read as
follows:
16- 60.010 Application of Article; requirement for installation of alarm
system.
(a) Where installation of an early warning fire alarm system is required under the
Safety Element of the General Plan or any provision of this Code, including
Section 14- 25.110 of the Subdivision Ordinance or Section 15- 80.090 of the
Zoning Ordinance, or this Article, such early warning fire alarm system shall be
installed, operated, and maintained in accordance with the provisions of this
Article.
(b) Where a proposed development does not require any form of permit or
approval to be granted under the Subdivision Ordinance or the Zoning Ordinance,
installation of an early warning fire alarm system in accordance with the
provisions of this Article shall be required as a condition for the granting of any
building or other permit under this Chapter 16 in each of the following cases:
(1) All new single family dwellings, commercial structures and
community facilities located within the designated Wildland -Urban
Interface Fire Area
(2) Any existing single family dwelling, commercial structure or
community facility which is expanded by fifty percent or more in floor
area and is located within the designated Wildland -Urban Interface Fire
Area hazardous fire area.
(3) All new single family dwellings, commercial structures and
community facilities having a floor area in excess of five thousand square
feet.
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Ordinance No. 265
(4) Any existing single family dwelling, commercial structure or
community facility which is expanded by fifty percent or more in floor
area which, after such expansion, will exceed five thousand square feet in
floor area.
(5) All new multi family dwellings and other new structures having
multiple sleeping units including, but not limited to, hotels, motels,
apartments, condominiums or other community housing projects,
institutional facilities, townhouses and nursing homes.
(6) Any existing multi family dwelling or other structure having multiple
sleeping units such as described in subsection (b)(5) of this Section, which
is expanded by fifty percent or more in floor area.
(7) When required by the Chief of the Fire District having jurisdiction
over the project, an early warning fire alarm system shall be installed in an
existing commercial structure or community facility which is remodeled
or the use thereof is changed, and such commercial structure or
community facility either: (i) has a floor area in excess of five thousand
square feet, or (ii) regardless of size, is located within the designated
Wildland -Urban Interface Fire Area hazardous fire area. The
determination by the Fire Chief shall be based upon any one or more of
the following considerations:
a. An occupant load increase of fifty percent or more.
b. New commercial cooking operations.
c. Hazardous materials storage for which a permit is required.
d. The principal use involves the care or supervision of building
occupants.
As used in this Section, the term "commercial structure" includes, but is not
limited to, office buildings, retail stores, restaurants, repair shops, and industrial
buildings, and the term "community facility" includes, but is not limited to,
schools, theatres, churches, meeting halls and conference centers.
The determination of floor area is as described in Chapter 15. For the purposes of
this Section, any expansion shall be considered as equaling or exceeding the fifty
percent limit where the work of construction or improvement is done at different
time intervals requiring two or more building permits, within a period of five
years after completion of the first improvement, where although each is for a
project encompassing an expansion of less than fifty percent of increased floor
area, but when combined with other expansions during the five -year period of
time increase the amount of floor area of the structure by fifty percent or more of
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that amount which existed immediately prior to the commencement of the first of
the several expansions.
6. Article 16- 60.070 is added to the Saratoga City Code to read as
follows:
16- 60.070 Violations; Delegation of Enforcement Authority
La) Any violation of this Article shall constitute an infraction and a public
nuisance for which penalties may be imposed and other relief sought as provided
in Chapter 3 of this Code. As a separate or cumulative remedy, a Notice of Code
Violation may also be recorded pertaining to such violation, in accordance with
the provisions of Section 16- 60.080.
(b) In addition to any other persons having enforcement authority, the Chief
of the Fire District having jurisdiction over the property on which an early
warning alarm system is installed, or the Fire Chief's designated representative,
shall have authority to enforce the provisions of this Article.
7. Article 16- 60.080 is added to the Saratoga City Code to read as
follows:
16 -60 -080 Recorded Notice of Code Violation
La) Whenever the Chief of the Fire District having jurisdiction over the
property on which an early warning alarm system is installed, or the Fire Chief's
designated representative "Fire Chief') has knowledge of a violation of any
provision of this Article, the Fire Chief may give written notice of such violation
to the owner of the property on which the early warning fire alarm system has
been installed. Violations may include failure to install, operate, or maintain the
alarm system in accordance with the applicable standards and requirements
adopted by the Saratoga Fire District, or failure to connect the alarm system to a
monitoring station as specified by the Saratoga Fire District. Such notice shall be
mailed to person and address as shown on the records of the Fire District, or if
such record does not exist or is known to be inaccurate, to the person and address
as shown on the latest available County assessment roll or as otherwise known to
the Fire Chief.
(b) If the property owner fails to correct the violation within the time specified
in the notice, or such additional time as may be granted by the Fire Chief, a
further written notice may be given of the Fire Chief's intention to record a Notice
of Code Violation in the office of the County Recorder. The notice of intent shall
describe the nature of the violation and inform the owner that a Notice of Code
Violation will be recorded unless a hearing before the Board of Fire
Commissioners of the Saratoga Fire District is requested by the owner within
twenty days from the date of the notice.
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(c_) In the event a hearing is not requested and the violation has not been
corrected or in the event that after the conduct of a hearin b the Board of Fire
Commissioners of the Saratoga Fire District, and consideration of all evidence
presented thereat by the owner, the Board determines that a violation of this
Article in fact exists, the Fire Chief may record a Notice of Code Violation in the
office of the County Recorder.
(d) At the request of the affected property owner or other interested person
and upon determination by the Fire Chief that the violation described in the
Notice has been fully corrected and no longer exists, the Fire Chief shall furnish
to the owner or other interested person a notice of expungement of the previously
recorded Notice of Code Violation.
The recording of a Notice of Code Violation pursuant to this Section shall
be in addition to any other rights, remedies or actions available to the Fire District
by reason of the same violation as described in the notice.
Section 3. CEQA Compliance.
The ordinance is Categorically Exempt from the Environmental Quality Act (CEQA)
pursuant to Section 15061(3) because it is covered by the general rule that CEQA applies
only to projects which have the potential for causing a significant effect on the environment.
Here it can be seen with certainty that there is no possibility the activity in question may
have a significant effect on the environment and therefore the activity is not subject to
CEQA.
Section 4. Severance Clause.
The City Council declares that each section, sub section, paragraph, sub paragraph,
sentence, clause and phrase of this ordinance is severable and independent of every other
section, sub section, sentence, clause and phrase of this ordinance. If any section, sub-
section, paragraph, sub paragraph, sentence, clause and phrase are held invalid, the City
Council declares that it would have adopted the remaining provisions of this ordinance
irrespective of the portion held invalid, and further declares its express intent that the
remaining portions of this ordinance should remain in effect after the invalid portion has
been eliminated.
Section 5. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City Council
of the City of Saratoga held on the 1st day of April, 2009, and was adopted by the following
vote following a second reading on the 15th day of April, 2009.
15
Ordinance No. 265
the environment and therefore the activity is not subject to CEQA.
Section 4. Severance Clause.
The City Council declares that each section, sub section, paragraph, sub paragraph, sentence,
clause and phrase of this ordinance is severable and independent of every other section, sub-
section, sentence, clause and phrase of this ordinance. If any section, sub section, paragraph,
sub paragraph, sentence, clause and phrase are held invalid, the City Council declares that it
would have adopted the remaining provisions of this ordinance irrespective of the portion held
invalid, and further declares its express intent that the remaining portions of this ordinance
should remain in effect after the invalid portion has been eliminated.
Section 5. Publication.
This ordinance or a comprehensive summary thereof shall be published in a newspaper of
general circulation of the City of Saratoga within fifteen days after its adoption.
The foregoing ordinance was introduced and read at the regular meeting of the City Council of
the City of Saratoga held on the 1st day of April, 2009, and was adopted by the following vote
following a second reading on the 15th day of April, 2009.
AYES: Councilmember Susie Nagpal, Howard Miller, Jill Hunter,
Vice Mayor Kathleen King, Mayor Chuck Page
NAYS: None
ABSENT: None
ABSTAIN: None
ATTEST:
APPROVED AS TO FORM:
RICHARD TAYLOR, CITY ATTORNEY
MAYOR:
Sullivan
CLERK OF THE CITY OF SARATOGA MAYOR OF THE CITY OF ARA OGA
Saratoga, California
Chuck Page
15
Ordinance No 265
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