HomeMy WebLinkAbout102-Attachment A - Ordiance.pdfORDINANCE NO. __________
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:
Section 1. Findings.
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
Ordinance No. _____ 1
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 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.
Ordinance No. _____ 2
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 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
Ordinance No. _____ 3
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 areas 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
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
hazardous fire areas 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
Ordinance No. _____ 4
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 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 Wildland-Urban Interface Fire Area
designated 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.
(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
Ordinance No. _____ 5
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 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 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 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.
Ordinance No. _____ 6
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 areas 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 hazardous fire areas 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
Ordinance No. _____ 7
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 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.
(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,
Ordinance No. _____ 8
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 hazardous 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 equaling or exceeding the fifty percent limit where the
Ordinance No. _____ 9
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.
Ordinance No. _____ 10
3. An automatic sprinkler system shall be provided throughout
all new buildings located in the designated Wildland-Urban
Interface Fire Aareas.
EXCEPTION: Any non-habitable structures accessory to single
family residences that have a gross floor area of 500 square feet
or less.
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.
Ordinance No. _____ 11
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
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.
Ordinance No. _____ 12
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:
The Wildland-Urban Interface Fire Area is a geographical area
identified by the state as a “very high fire hazard severity zone
High Fire 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 fire
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 Fire Area 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
Ordinance No. _____ 13
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 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.
(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.
Ordinance No. _____ 14
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
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
(a) 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
Ordinance No. _____ 15
(a) 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.
(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 hearing by 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.
(e) 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.
Ordinance No. _____ 16
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.
COUNCIL MEMBERS:
AYES:
NAYS:
ABSENT:
ABSTAIN:
SIGNED:
__________________________________ __
Chuck Page
Ordinance No. _____ 17
Ordinance No. _____ 18
MAYOR OF THE CITY OF SARATOGA
Saratoga, California
ATTEST:
__________________________________ __
Ann Sullivan
CLERK OF THE CITY OF SARATOGA
Saratoga, California
APPROVED AS TO FORM:
____________________________________________
RICHARD TAYLOR, CITY ATTORNEY
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