HomeMy WebLinkAbout10-15-2014 - Item 12 - Annual Code Updates
Item
12
Revisions
Page
1
of
2
CITY
OF
SARATOGA
Memorandum
To:
Saratoga
City
Council
From:
Christopher
Riordan,
Senior
Planner
Date:
October
15,
2014
Subject:
Item
12
Revisions
–
Annual
Code
Update
(ZOA14-‐0003)
The
three
text
modifications
to
the
Annual
Code
Update
noted
below
were
identified
after
the
City
Council
packet
was
prepared.
The
following
is
a
substitute
recommended
action
to
include
the
modifications
to
the
proposed
ordinance:
RECOMMENDED
ACTION:
1. Conduct
a
public
hearing.
2. Introduce
and
waive
the
first
reading
of
the
attached
ordinance
amending
various
sections
of
the
City
Code
and
direct
staff
to
place
the
ordinance,
including
revisions
to
6-‐10.080,
15-‐65.020,
15-‐65.030
as
presented
during
the
October
15,
2014
regular
City
Council
Meeting,
on
the
consent
calendar
for
adoption
at
the
next
regular
meeting
of
the
City
Council.
PROPOSED
TEXT
MODIFICATIONS:
1.
Alarm
Systems
The
word
‘Sheriff’s
is
misspelled
in
the
modifications
to
Section
6-‐10.080.
The
following
is
the
corrected
text.
6-‐10.080
False
alarms
prohibited;
investigation
of
false
alarms.
(a)
It
is
unlawful
to
maintain,
use
or
posses
possess
an
alarm
system
which
has
caused
more
than
two
false
alarms
to
be
transmitted
within
any
calendar
year
to
the
County
Communications
center,
or
the
County
Sheriffs
Sheriff’s
Office,
by
communication
from
an
alarm
business
or
a
person
responding
to
the
false
alarm.
Item
12
Revisions
Page
2
of
2
2.
Nonconforming
Uses
and
Structures
The
word
‘in’
was
used
in
lieu
of
the
word
‘is’
in
the
modifications
to
Section
15-‐65.020(f)(1).
The
following
is
the
corrected
text.
15-‐65.020
Definitions.
(f)
Nonconforming
Structure
means
a
structure
lawfully
existing
on
the
effective
date
of
a
change
in
a
development
standard
established
by
this
Code
and
continuing
since
that
date
in
nonconformance
to
the
development
standard.
The
use
of
this
term
in
this
Article
shall
refer
only
to
a
legal
nonconforming
structure.
A
structure
that
was
not
originally
constructed
in
conformance
with
regulations
applicable
at
the
time
is
not
a
legal
structure.
(1)
A
structure
that
was
not
originally
constructed
in
conformance
with
regulations
applicable
at
the
time
is
not
a
legal
structure.
3.
Nonconforming
Uses
and
Structures
In
order
to
improve
the
readability
of
the
clause
added
to
Section
15-‐65.060(a),
staff
recommends
adding
the
words
‘for
the’
to
the
proposed
text
following
the
words
‘owners
burden
of
proof’
in
Section
15-‐65.060(a).
The
following
is
the
recommended
text.
15-‐65.030
Continuation
in
general;
regulations
applicable
to
nonconforming
uses
or
structures.
(a)
Nonconforming
uses
and
structures
may
be
continued
only
in
conformity
with
the
provisions
of
this
Article.
The
owner
of
property
on
which
a
nonconforming
use
or
structure
is
claimed
shall
have
the
burden
of
proof
in
establishing
to
the
satisfaction
of
the
Community
Development
Director
the
nonconforming
status
claimed.
The
Community
Development
Director
may
charge
a
fee,
as
established
in
the
City
Fee
Schedule,
for
the
review
of
evidence
submitted
to
meet
the
owner's
burden
of
proof
and
for
the
preparation
of
a
Statement
of
Acknowledgment
of
Legal
Nonconforming
Status
if
the
evidence
demonstrates
that
a
use
or
structure
on
the
subject
property
is
wholly
or
partially
nonconforming,
but
legal
pursuant
to
the
terms
of
this
Article.
A
use
or
structure
that
is
not
in
conformity
with
the
provisions
of
this
C hapter,
or
that
is
not
a
legal
nonconforming
use
or
structure
in
accordance
with
this
Article,
shall
constitute
a
violation
of
this
Code
and
shall
not
be
continued.
633062.1