Loading...
HomeMy WebLinkAboutOrdinance 340 -amending City CodeORDINANCE NO. 340 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING CITY CODE ARTICLES 2-10 (CITY COUNCIL PROCEDURES); 2-12(COMMISSION PROCEDURES); 2-15(PLANNING COMMISSION PROCEDURES); 4-05, 4-06 AND 4- 50 (SOLICITATION); 4-55 (CONCERNING MASSAGE ESTABLISHMENTS); 6-05 (CIVIL DEFENSE AND DISASTER); 9-15 (PARKING AT PUBLIC ELECTRIC VEHICLE CHARGING STATIONS); 11-10 (SPORTS USER AGREEMENTS); 13-10 (HISTORIC PRESERVATION COMMISSION PROCEDURES); 16-65(STRUCTURES IN AREAS WITH POTENTIAL GROUND MOVEMENT); AND 16-75 (ADDING STREAMLINED APPROVAL OF SMALL SCALE ROOFTOP SOLAR PERMITS AND ELECTRIC VEHICLE CHARGING STATIONS). The City Council of the City of Saratoga finds that: 1. The City Code of the City of Saratoga requires periodic updates to reflects changes in law, provide clarification to the community, and provide for improved customer service and administration of City business. This ordinance creates additional smoke-free environments by establishing regulations for common areas of multifamily housing complexes, new apartment complexes, outdoor events attended by children, entryways, outdoor dining areas, service areas, and outdoor worksites. 2. The City Council of the City of Saratoga held a duly noticed public hearing on July 6, 2016, and after considering all testimony and written materials provided in connection with that hearing introduced this ordinance and waived the reading thereof. Therefore, the City Council of the City of Saratoga hereby ordains as follows: Section 1. Adoption. The Saratoga City Code is hereby amended as set forth in Attachment A. Text to be added is indicated in bold double underlined font (e.g., underlined) and text to be deleted is indicated in strikeout font (e.g., strikeout). In provisions that are being amended text in standard font is readopted by this Ordinance. Where the text indicates that a new section is being added to the City Code, the new section is shown in plain text. Section 2. 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, paragraph, sub -paragraph, sentence, clause and phrase of this ordinance. If any section, sub -section, paragraph, sub -paragraph, sentence, clause or phrase of this ordinance is 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 3. California Environmental Quality Act The proposed amendments and additions to the City Code are Categorically Exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guideline section 15061(b)(3). CEQA applies only to projects which have the potential of causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance the amendments to the existing City Code and related sections and additions of provisions and reference appendices to the existing Code; the amendments and additions would have a de minimis impact on the environment. Section 4. Publication. A summary of this ordinance shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. Following a duly notice public hearing the foregoing ordinance was introduced at the regular meeting of the City Council of the City of Saratoga held on the 15th day of June 2016 and was adopted by the following vote on July 6, 2016 . COUNCIL MEMBERS: AYES: Mayor E. Manny Cappello, Vice Mayor Emily Lo, Council Member Mary - Lynne Bernald, Howard A. Miller, Rishi Kumar NOES: None ABSENT: None ABSTAIN: None ATTEST: 64 Crystal Bothelio, APPROVED AS CITY CLERK TO FORM: Richard Taylor, CITY ATTORNEY E. Manny Cappello MAYOR, CITY OF SARATOGA, CALIFORNIA DATE: DATE: 171t401\0 Attachment A - 2016 Saratoga Municipal Code Update The sections of the Saratoga Municipal Code set forth below are amended or adopted as follows: Text added to existing provisions is shown in bold double -underlined text (example) and text to be deleted in shown in strikethrough (example). Text in italics is explanatory and is not an amendment to the Code. Where the text indicates that a new section is being added to the City Code, the new section is shown in plain text. 1. City Council Procedures 2-10.040 - Roll call. Before proceeding with the business of the City Council, the City Clerk or his or her deputy shall call the roll of the members. The names of those physically present shall be entered in the minutes. 2-10.060 - Minutes of meetings. (a) Any member of the City Council may, either during the course of a meeting or at any time prior to approval of the minutes for such meeting, request that the minutes contain a verbatim transcript of such portion of the meeting as specified by the Councilmember making the request. (b) At least two days prior to each regular meeting of the City Council, the City Clerk shall furnish each member of the City Council a copy of the minutes of the preceding regular or special meeting. Unless a reading of the minutes of the Council meeting is requested in open meeting by a member of the Council, such minutes may be approved without reading if the City Clerk has previously furnished each member with a copy thereof. Notwithstanding the provisions contained herein, a reading of the minutes may always be waived by a duly carried motion to waive the reading thereof. (c) A Council member's absence from the meeting for which minutes are being a roved does not , revent the member from i artici s atin ' in their correction or a s i royal. 2-10.070 - Voting. A vote by roll call shall not be required in the City Council unless a Council member specifically requests a roll call after a motion is made, and before the presiding officer calls the vote. Unless a member of the City Council audibly states he or she is not voting, his or her silence shall be, and shall be recorded as, an affirmative vote. 2-10.080 - Presiding officers. (a) The presiding officer of the City Council shall be the Mayor, or in his or her absence, the Mayor pro tempore. He or she shall take the chair precisely at the hour appointed for the meeting and shall immediately call the City Council to order. In the absence of the Mayor or Mayor pro tempore, the City Clerk shall call the City Council to order, whereupon, a temporary presiding officer shall be elected by the Council members 2016 Annual Code Update - Page 1 present. Upon the arrival of the Mayor or Mayor pro tempore, the temporary presiding officer shall immediately relinquish the chair upon the conclusion of the particular business immediately before the Council at that time. Wherein this Article the term mayor is used, it shall apply equally to the presiding officer as defined in this Section. (b) The presiding officer of the City Council shall have a vote, but no veto power, and may move, second and debate from the chair. He or she shall not be deprived of any of the rights and privileges of a Council member by reason of acting as presiding officer. He or she shall preserve strict order and decorum at all regular and special meetings of the City Council. He or she shall state or call upon the City Clerk to state every question before the City Council, call for the vote and announce the decision of the Council on all subjects. He or she shall decide all questions of order, subject however to an appeal to the Council by any Council member, in which event a majority vote of the Council shall govern and conclusively determine such question of order. He or she shall have and exercise such other powers and duties as are contained elsewhere in this Article and as authorized by law. The presiding officer shall have power and authority in his or her discretion and without a vote of the City Council, to do the following: [Subsections (1)-(7) of 2-10.080(b) omitted - no proposed changes.] 2-10.090 - Preparation of ordinances. All ordinances considered by the City Council shall be prepared by or under the direction of the City Attorney. No ordinance shall be prepared for presentation to the City Council unless directed by a majority of the City Council or requested by the City Manager or prepared by the City Attorney on his or her own initiative. 2-10.100 - Approval by City Attorney and City Manager of ordinances, resolutions and contracts presented to City Council. Before presentation to the City Council, all ordinances, written resolutions and contract documents shall have been approved as to form by the City Attorney or his or her authorized representative. Where there are substantive matters of administration involved, such ordinances, resolutions or contracts shall have been examined for administration by the City Manager, who shall indicate his or her approval or disapproval from an administrative standpoint at the time of presentation to the City Council. 2-10.110 - Procedure on ordinances, resolutions and other matters requiring action by City Council. In consideration of matters requiring action by the City Council, the following procedure shall be observed: [Subsections (a) -(f) of section 2-10.110 omitted - no proposed changes .] (g) Resolutions, statements of policy, actions on appeals, recommendations to other local, state or federal policymakers, contracts, orders for the payment of money, and all ordinances require a recorded majority vote of the total membership of the City Council. (ghjRecording motions in minutes. All motions shall be entered in the minutes, including motions failing for lack of a second, with the name of the Council member making the 2016 Annual Code Update - Page 2 motion and, if a vote is taken thereon, the names of the Council members voting in favor of and in opposition to the motion. 2-10.190 - Subpoena authority. [Subsections (a) -(d) of 2-10.190) omitted - no proposed changes.) (e) The judge shall issue an attachment directed to the Santa Clara County Sheriff commanding him or her to attach the person, and forthwith bring him or her before the judge. (f) On return of the attachment and production of the witness, the judge has jurisdiction. (g) The right of a witness to purge himself or herself of the contempt and the proceedings, penalties and punishment shall be the same as if the contempt had been committed in a civil trial in a Superior Court. 2016 Annual Code Update - Page 3 2. General Commission Procedures 2-12.030 - Term. (a) Each Commissioner shall serve a term of four years unless an alternate term is specified by the resolution or ordinance establishing the Commission. (b) No Commissioner shall serve more than two full consecutive terms on a single Commission. A partial term served as a result of an appointment to fill an unexpired term is not considered a full term. A Commissioner who has served two full consecutive terms on a Commission may not be reappointed to that Commission for at least one year following the expiration of his or her term. The limitations set forth in this subsection (b) shall not apply to the Youth Commission. (c) For each Commission, the terms of the Commissioners shall be staggered such that each year the four year terms of approximately an equal number of the Commissioners shall expire. Where a Commission has seven Commissioners, the terms of two Commissioners shall expire each year except that in the year after the first six Commission terms have expired, only one term shall expire. The limitations set forth in this subsection (c) shall not apply to the Youth Commission. (d) Notwithstanding subsection Commissioner terms, terms, where the terms of Commissioners on a Commission do not comply with subsection (c) of this Section, a Commissioner may be appointed to a term of greater or less than four years for the purpose of making the terms of the Commissioners on the Commission comply with subsection (c). No term shall be reduced after a Commissioner is appointed to serve the term, except as otherwise provided by this Code. For purposes of subsection (b) of this Section, a term of less than four years established pursuant to this paragraph is not a full term and a term that is more than four years at the time of appointment pursuant to this subsection (d) is a single term. (a) of this Section, Section 2-15.020 regarding Planning 2-12.080 - Rules of procedure. (a) The following Sections of this Chapter pertaining to meetings conducted by the City Council shall be applicable to all meetings conducted by Commissions: 2 10.020(b) 2-10.0320 through 2-10.080 2-10.110(c), (d), (f), (g) and (gh) 2-10.120 through 2-10.170 As so applied to a Commission, all references therein to City Council or Council member shall be deemed to mean the Commission or Commissioner to which the Section is applied. All references therein to the Mayor shall be deemed to mean the Chair of the Commission; and all references therein to the City Clerk shall be deemed to mean the secretary of the Commission. (b) The failure of passage of any motion before a Commission shall be deemed a denial of the motion; provided, however, a motion failing by reason of an evenly split vote by the Commission at a meeting where not all Commissioners are present shall be agendized and voted upon at the next regular meeting of the Commission at which a quorum is present. 2016 Annual Code Update - Page 4 (c) Each Commission shall elect a Chair to serve a twelve month term. No person shall serve as Chair of the same Commission more than one full term in any four year period. (d) In addition to the rules made applicable to Commissions as specified in paragraph (a) of this Section, each Commission shall have authority to adopt such other rules and procedures as it deems appropriate for the orderly and efficient conduct of its business which are not inconsistent with the provisions of this Code. (e) The City Manager or his or her designee shall be the secretary of each Commission unless otherwise specified by the ordinance or resolution establishing the Commission. (0 This Section 2-12.080 shall not apply to the Planning Commission which shall follow the rules of procedure set forth in Section 2-15.050 of this Code. 2016 Annual Code Update - Page 5 3. Planning Commission Rules of Procedure 2-15.020 - Term of office. A Planning Commissioner shall be appointed for a term of four years, unless the appointment is to fill a vacancy created by a Commissioner who has left office prior to the expiration of his or her term, in which event, the appointment shall be for the remaining term of such Commissioner. Any reappointment of a Commissioner whose term of office has expired shall be for a further term of four years. 2-15.050 - Rules of procedure. (a) Application of other Sections. The following Sections of this Chapter pertaining to meetings conducted by the City Council shall be applicable to all meetings conducted by the Planning Commission: 2 10.020(b) 2-10.0320 through 2-10.080 2-10.110(c), (d), (f) (g) and (gh) 2-10.120 through 2-10.170 As so applied to the Planning Commission, all references therein to City Council or Council member shall be deemed to mean Planning Commission or Commissioner; all references therein to the Mayor shall be deemed to mean the Chairman of the Planning Commission; and all references therein to the City Clerk shall be deemed to mean the Secretary of the Planning Commission. (b) Rejected motions and evenly split votes. The failure of passage of any motion before the Planning Commission shall be deemed a denial of the motion; provided, however, a motion failing by reason of an evenly split vote by the Planning Commission at a meeting where six or less Commissioners are present shall be agendized and voted upon at the next regular meeting of the Planning Commission at which a quorum is present, unless, within ten days after the date on which the split vote is taken, the applicant files an appeal to the City Council, in which event, the split vote shall be deemed a final denial by the Planning Commission of the motion. If no appeal to the City Council is filed and the motion fails for any reason (including an evenly split vote) at the subsequent meeting, then the same shall at that time be deemed a final denial by the Planning Commission of the motion. (c) Adoption of rules and procedures. In addition to the rules made applicable to the Planning Commission as specified in Paragraph (a) of this Section, the Commission shall have authority to adopt such other rules and procedures as it deems appropriate for the orderly and efficient conduct of its business which are not inconsistent with the provisions of this Code. (d) Secretary of Commission. The Planning Community Development Director shall act as Secretary of the Planning Commission. (e) Chairman. The Commission shall elect a Chairman to serve a twelve month term. No person shall serve as Chairman of the Planning Commission more than one full term in any four year period. 2016 Annual Code Update - Page 6 2016 Annual Code Update - Page 7 4. Solicitor Business Licenses Article 4-05 - BUSINESS LICENSES [Section 4-05.010 omitted - no proposed changes.] 4-05.020 - Definitions. For the purposes of this Article, the following words and phrases shall have the meanings respectively ascribed to them by this Section, unless the context or the provision clearly requires otherwise: (a) Business means each and every business, commercial or industrial enterprise, trade, profession, occupation, vocation, calling or any means of livelihood, whether or not carried on for gain or profit, either on a continuous or occasional basis. The term shall include solicitors and peddlers hereinafter defined. The term shall include any person, whether having a fixed place of business in the City or not, who operates a motor vehicle over the streets of the City for the purpose of pick-up or delivery of personal property in the City, or who uses such vehicle for any other purpose in connection with the transaction of any business of such person, including without limitation, and by way of example, the route delivery of bread, bakery products, milk, groceries, laundry and cleaners, and the nonroute delivery of building materials, goods, wares or merchandise of any kind or description. (b) Charitable Organization means any business conducted for a religious, social service, political, patriotic, educational, benevolent or charitable purpose which has established tax exempt status pursuant to the Internal Revenue Code or that is an unincorporated charitable organization or association conducting activities from which no profit is derived. (b) Employee means any person engaged in the operation or conduct of any business, whether as an owner, partner, officer, agent, manager or administrator, and any and all other persons employed or working in said business, either on a continuous or occasional basis, in either a full-time or part-time capacity. In determining the number of employees for the purpose of fixing the license fee due under this Article, the employer shall take the number of employees as defined in this subsection, employed within the City of Saratoga, earning wages during pay periods nearest the fifteenth day of each month, as reported to the State Department of Employment on forms which are used for reporting payments due under the Unemployment Insurance Act, for each month of the previous calendar quarter, adding the same and dividing by three. If the employer is a new business, he or she may estimate the average number of employees who will be employed by him the employer during the first year of business. (e4) Engaged in business means the conducting, operating, managing or carrying on of a business, whether done as an owner, or by means of an officer, agent, manager, employee, servant or otherwise. Whenever any person shall by the use of signs, circulars, cards, telephone books or newspapers advertise, hold out or represent that he or she is in business in the City, or whenever any person holds an active license or 2016 Annual Code Update - Page 8 permit issued by a governmental agency indicating that he or she is in business in the City, or whenever any person makes a sale, takes an order, renders a commercial service or performs any other similar act within the City, then such fact shall be considered prima facie evidence that such person is engaged in business within the City. (de) Fixed place of business means the premises within the City where a business is continuously conducted from day to day and regularly kept open for the purposes of such business. The term "regular place of business" shall have the same meaning as "fixed place of business." A fixed place of business shall include the residence of the licensee where the business is conducted from such residence; provided, that the conduct of the business from such residence does not violate any provision of this Code or other law. (ef) Gross receipts means the total amount of the sale price of all sales, the total amount charged or received for the performance of any act, service, or employment of whatever nature it may be, whether such act, service or employment is done as a part of or in connection with the sale of goods, wares, merchandise or not, for which a charge is made or credit allowed, including all receipts, cash, credits, or property of any kind or nature, any amount for which credit is allowed for the seller to the purchaser without any deduction therefrom on account of the cost of the property sold, the cost of materials, use, labor or service cost, interest paid or payable, losses or any other expenses whatsoever; provided, that cash discounts allowed or taken on sales shall not be included. Gross receipts also includes the amount of any federal, manufacturer's or importer's excise tax included in the price of the property sold, even though the manufacturer or importer is also the retailer thereof and whether or not the amount of such tax is stated as a separate charge. But gross receipts shall not include the amount of any federal tax imposed on or with respect to retail sales whether imposed upon the retailer or upon the consumer and regardless of whether or not the federal tax is stated to the customer as a separate charge, or any California State, City or City and County sales or use tax required by law to be included in or added to the purchase price and collected from the consumer or the purchaser, or such part of the sales price of any property previously sold and returned by the purchaser to the seller which is refunded by the seller by way of cash or credit allowances, given or taken as part payment on any property so accepted for resale. (€g) License means the certificate issued by the City to the licensee after such person has registered his a business in accord with this Article, and where a license fee is imposed by this Article, after payment of such fee. h License Collector means an officer or , erson a i i ointed b the Ci Council b resolution or ordinance to perform the duties of tax collector as set forth in this Code. The Sheriff of Santa Clara County, or deputies thereof, may assist the license collector in the performance of the duties hereinafter set forth. (gi) Licensee means each person subject to be licensed under the terms of this Article, whether or not such a license has actually been procured. (h) Person includes all domestic and foreign corporations, associations, syndicated, joint stock corporations, partnerships of every kind, clubs, California business or common 2016 Annual Code Update - Page 9 (ij) Peddler means any person who goes from house to house, or from place to place, in the City, selling and making immediate deliveries or offering for sale and immediate delivery to persons other than manufacturers, jobbers or retailers of such commodities, any goods, wares, merchandise or any other thing of value in possession of such person, or who offers services to be performed immediately, and shall include any itinerant vendor who sells merchandise or property from any vehicle. hk Person includes all domestic and forei ' n cor . orations associations s ndicated joint stock corporations, partnerships of every kind, clubs, California business or common law trusts societies and individuals transactin ' and car in ' on an business in the City of Saratoga, other than as an employee of a person licensed hereunder. 1 Rec cler means an erson who is en a ed in the Ci in the collecting receiving, trans ortin se re atin rec clin and/or dis osin of rec clable materials. (m)Solicitor means any person who goes from house to house, or from place to place, in the City, soliciting orders from persons other than manufacturers, wholesalers, jobbers or retailers of such commodities, for any goods, wares, merchandise or other thing of value for future delivery, or soliciting orders from any person for services to be performed in the future, or making, manufacturing, or repairing any article whatsoever for future delivery, or soliciting information for use in the compilation of any listing, directory or information designed for use in compilation or analysis of data for commercial purposes, or soliciting contributions of money or other property or services for any charitable organization, regardless of whether or not such solicitation is by or on behalf of any nonprofit organization. The term "solicitor" shall include a person taking subscriptions to newspapers, periodicals, magazines or other publications or tickets of admission to entertainments or memberships in any clubs. The Sheriff of Santa Clara County, or his deputies, may assist the license collector in [Sections 4-05.030-.075 omitted - no proposed changes.] 4-05.080 - Issuance of license. (a) Except as otherwise provided in this Section, upon the receipt and filing of the license application, and in those cases where a license fee is required, upon receipt of the requisite license fee therefor, the License Collector shall prepare, sign and issue to every such person a license certificate in such form as said Collector shall provide, which license shall state the amount of the license fee paid therefor, the duration of the license, the name and address of 2016 Annual Code Update - Page 10 the person to whom the license is issued, the nature of the business and the address of each location within the City where such business will be conducted. (b) The License Collector shall have no duty to issue a license for any unlawful business or a business to be conducted at any unlawful location. Prior to the issuance of any license to a new business with a fixed location in the City, or to any other business for which a previous license has expired, the License Collector shall cause an investigation to be made to determine that the proposed place of business is not in violation of any zoning or building regulations of the City. Any refusal or denial by the License Collector of a business license may be appealed to the City Council in accordance with the procedure set forth in Section 2- 05.030 of this Code. (c) In the event that, for any reason, a license is issued for any unlawful business or a business to be conducted at any unlawful location (whether the same be unlawful because of violation of any zoning or building regulation or for any other reason), the same shall not constitute any permit for, nor any approval of, any such violation; nor shall such license, or the act or omission of the City, its officers, agents or employees in issuing the same, either prevent or estop the City from enforcing the regulation, ordinance or Code provision so violated; nor shall the City or any of its officers, agents or employees be liable for any act or omission in issuing such a license. (d) Where a peddler's or solicitor's license is issued and the licensed person or organization plans to operate through one or more employees or independent contractors, a single license may be issued to the employer-applicant,j together with business license identification cards for each of such applicant's employees or independent contractors, and a separate business license for each such employee or independent contractor shall not be required to be issued. Each peddler or solicitor licensed pursuant to this Article, whether an em i lo ee or inde , endent contractor of the licensed business shall be re s uired to obtain a solicitation • ermit i ursuant to Article 4-50 of this Cha s ter s rior to engaging in any soliciting activity. [Sections 4-05.090 -.115 omitted - no proposed changes.] 4-05.120 - Display of license. Every person having a license under the provisions of this Article for engaging in business at a fixed place of business in the City shall keep such license posted for exhibition while in force in some conspicuous place in 14s the place of business. Every person having such a license and not having a fixed place of business in the City, shall carry such license win at all times while carrying on the business for which the same was granted. Where such business is conducted through the operation of a motor vehicle over the streets of the City, such license or an exact copy thereof shall be carried in each such motor vehicle by the operator thereof at all times during which such motor vehicle is in operation in the conduct of such business within the limits of the City. Every person having a license shall produce and exhibit the same whenever requested to do so by any police officer or any person authorized to issue or inspect licenses or to collect license fees. Every person licensed as a peddler or solicitor shall wear the identification card issued to him in a prominent position on hi;, outer clothing so it is legible to each prospective customer at all times. 2016 Annual Code Update - Page 11 [Sections 4-05.130 -.150 omitted - no proposed changes.] 4-05.160 - Exemptions from license requirement. Except as otherwise provided in Section 4-05.170, the following persons, organizations and activities shall be exempted from the provisions of this Article and shall not be required to obtain a business license hereunder: charitable organization as set forth in subsection 4- 05.020(b). (b) The conduct of any entertainment, amusement, dance, concert, lecture, exhibition or athletic event where the receipts, if any, are used solely for benevolent or charitable purposes and not for private gain of any person. (c) The conduct of any entertainment, amusement, dance, concert, lecture, exhibition or athletic event by a nonprofit religious, educational, charitable, fraternal, amateur theatrical group, military, state, county or municipal organization or association where the receipts, if any, are for the purposes and objects for which the organization or association is formed, and from which no private gain is derived, directly or indirectly, by any person. (d) Any water, sewer, gas, electricity or telephone public utility company or district. (e) Any person conducting business pursuant to a franchise agreement with the City which provides for the payment to the City of a franchise fee or other consideration. (f) Occasional and incidental deliveries of goods, wares and merchandise into the City by persons not having a fixed place of business in the City. Any natural person engaged in any business solely as an employee of any other person conducting, managing or carrying on such business in the City and not an owner, partner, associate or principal in such business, where such business is otherwise licensed under this Article, unless such person is a peddler or solicitor subject to the provisions set forth under Section 4-05.080(d) of this Article. (h) Every natural person of the age of eighteen years or under whose annual gross receipts from any and all business does not exceed four thousand dollars, unless such person is also a peddler or solicitor other than a completely self-employed peddler or solicitor. Banks, including national banking associations, to the extent provided by Article 13, Section 27 of the State Constitution, and insurance companies and associations, to the extent provided by Article 13, Section 28 of the State Constitution. (j) Any person whom the City is not authorized to license for revenue or regulatory purposes by virtue of any law or Constitution of the United States or of the State. 4-05.170 - Exemption from license fees. A business license issued pursuant to this Article; shall be required for the following persons, organizations and activities, but the same shall be exempted from payment of the license fee set forth in Section 4-05.100: (g) (i) 2016 Annual Code Update - Page 12 (a) Any person engaged in a business or activity, otherwise exempted under subsection (a), (b) or (c) of Section 4-05.160, who conducts such business or activity through the use of one or more peddlers or solicitors. Such person shall furnish to the License Collector as part of his the application for a business license, the name and address of each individual peddler or solicitor, together with a statement of all times during which the peddling or soliciting will be carried on and a sample of the identification to be used by each peddler or solicitor. (b) The business of conducting a boardinghouse, lodginghouse, or apartment house containing less than four sleeping rooms for hire, or any private boardinghouse or other place where meals are sold having less than four boarders. 4-05.180 - Claims for exemption. (a) Every person engaged in business in the City is rebuttably presumed to be subject to the licensing requirements of this Article. Except as otherwise provided in this Section, no person shall be exempted from the licensing requirements until a determination has been made by the License Collector of the existence of facts entitling the person to such exemption. The burden of proof of any such claim of exemption shall be upon the applicant. (b) No claim for exemption from this Article based upon Section 4-05.160 shall be required unless and until a demand therefor is made by the License Collector, in which event, the person claiming such exemption shall file a verified statement of the reasons for the exemption together with such other information and documents as may be requested by the License Collector in order to determine the status of the applicant. Upon a determination being made that the applicant is entitled to an exemption, such determination shall be endorsed upon the applicant's statement, signed by the License Collector, and filed in the City offices, with a copy thereof being delivered to the applicant. Any person claiming to be exempt under Section 4-05.170 from the payment of a license fee shall make application therefor to the License Collector on such form as he or she shall prescribe. The application shall be accompanied by such information and documents as the License Collector may require in order to determine the status of the applicant. Upon a determination being made that the applicant is entitled to an exemption from the payment of a license fee, and provided the applicant is otherwise entitled to a business license, the License Collector shall issue such license, without charge, and shall indicate on the face thereof that the license is exempted from the license fee. (d) In any case where a licensee or an applicant for a license believes that his individual the subject business is not properly classified because of circumstances peculiar to it, as distinguished from other businesses of the same kind, he the licensee or applicant may make a claim to the License Collector for reclassification. Such application shall contain such information as the License Collector may deem necessary and required in order to determine whether the applicant's individual business is properly classified. The License Collector shall then conduct an investigation, following which he or she shall assign the applicant's individual business to the classification shown to be proper on the basis of such investigation. The proper classification is that classification which, in the opinion of the License Collector, most nearly fits the applicant's individual business. Any resulting (c) 2016 Annual Code Update - Page 13 (e) (f) reclassification shall not be retroactive. No business shall be reclassified at the request of the licensee more than once in one year. Any decision or determination made by the License Collector under the provisions of this Section may be appealed to the City Council in accordance with the procedure set forth in Section 2-05.030 of this Code. Any determination by the License Collector or City Council that a person or business is exempt from the licensing requirements of this Article, or is exempt from the payment of a license fee, shall not be conclusive upon the City and may be reopened at any time by the License Collector or the City Council. [Sections 4-05.190 -.200 omitted - no proposed changes.] 2016 Annual Code Update - Page 14 5. License Fee for Distributing Handbills 1 06.060 Handbill distribution. 2016 Annual Code Update - Page 15 6. Regulation of Solicitors Article 4-50 - PEDDLERS -AND -SOLICITORS 4-50.005 — Findings 1. The Sheriff's Office has received numerous com s laints from residents of Sarato a concernin ' commercial solicitors who have been conductin business without a solicitation ermit and the Ci wishes to more effectivel rotect the health safe and welfare through enforcement as to businesses and individuals which fail to com , 1 with re ' uirements under Ci Code. The Ci of Sarato ' a understands that reasonable solicitation re ' ulations must be undertaken with due regard for the reality that charitable solicitation for funds is characteristicall intertwined with the constitutionall _ s rotected riht to s s eak freely and to communicate ideas. 3 The City of Saratoga has an interest in protecting i ublic safe and welfare by reasonably regulating charitable organizations who desire to solicit for funds within the Ci 's 'urisdiction in a manner whereb the Ci ma re , uire re ' istration enablin ' verification that the organization is an actual and genuine charitable organization. 4-50.010 - Definitions. As used in this Article, the term "business" shall have the same meaning as set forth in subsection 4-05.020(a); the term "charitable or anization" shall have the same meanin ' as set forth in subsection 4-05.020(b); the term "engaged in business" shall have the same meaning as set forth in subsection 4-05.020(ed); the term "person" shall have the same meaning as set forth in subsection 4-05.020 k _the term "peddler" shall have the same meaning as set forth in subsection 4-05.020(gd); and the term "solicitor" shall have the same meaning as set forth in subsection 4-05.020(hm) of this Chapter. 4-50.020 - Permit required. No peddler or solicitor (including a business providing peddler or solicitor services and em i lo ees and inde ' endent contractors of an such business shall engage in business in the City without first having obtained a permit to do so pursuant to this Article. Such persons peddler or solicitor shall also apply for and obtain a business license pursuant to Article 4-05 of this Chapter, and pay the license fee specified in Section 4-05.100, unless such peddler or solicitor is exempted from the payment of such fee under Sections 4-05.160 and 4-05.170. 4-50.030 - Application for permit; fee; investigation by City Manager. (a) Application for a permit hereunder shall be made to the City Manager on such forms as the Manager prescribes, which shall include the following information: 2016 Annual Code Update - Page 16 (1) Name and address of the applicant and, for applicants with employees or using independent contractors, together with the name and address of each person who will be engaged in peddling or soliciting in the City for or on behalf of the applicant. (2) The location of the principal place of business, and if such principal place of business is in the City, a statement of the zoning classification for such location. A complete description of the business, activity, program, or other purpose for which the peddling or soliciting will be made, including a copy of all brochures, forms, contracts, subscriptions, handouts, and other documents to be used in connection with such peddling or soliciting. (4) The particulars in regard to any felony or misdemeanor offense for which the applicant or any employees or independent contractors or principal of the applicant has been convicted. (3) (5) Two recent passport type photographs of each person who will be engaged in peddling or soliciting in the City for or on behalf of applicant and, if requested by the City Manager, one complete set of fingerprints for each such person, to be obtained at the expense of the applicant. (6) If the peddling or soliciting will be conducted for an organization or an activity which is exempted from the payment of business license fees under the provisions of Sections 4- 05.160(b) -(i) and 4-05.170 of this Chapter, the applicant shall provide documents establishing, to the satisfaction of the City Manager, the qualification for such exemption. The places within the City, times of day and period of time during which the peddling or soliciting will be conducted. (8) A complete description of each automobile or other motor vehicle which the peddler or solicitor will operate in the City in connection with the business or activity. A list of any other cities or counties within the State where the applicant has engaged in peddling or soliciting, and if the applicant has applied for or received a permit or license from any of such cities or counties, the name and telephone number of the official or department to whom the application was submitted or by whom the permit or license was issued. (7) (9) (10) Such other information and documents as the City Manager may require. (b) The application shall be accompanied by a processing fee in such amount as may be established from time to time by resolution of the City Council; provided, however, no such fee shall be charged if the applicant is found to be exempted from the payment of a business license fee under the provisions of Sections 4-05.160 and 4-05.170 of this Chapter. (c) Upon receipt of the application and other documents and the fee (if payable) as required in subsections (a) and (b) of this Section, the City Manager shall conduct such investigation as the Manager deems appropriate to determine whether a permit should be issued. In connection therewith, the City Manager shall forward a copy of the application to the following persons for review and approval: 2016 Annual Code Update - Page 17 (1) The County Sheriff, for determination as to - applicant and whether the applicant, or any person employed or acting on behalf of the applicant, has ever been convicted of a felony or misdemeanor offense involving theft, dishonesty, violence, fraud, deceit, or moral turpitude. (2) The Community Development Director, for determination as to whether the conduct of the business or activity will be in compliance with zoning requirements and other rules, regulations and ordinances of the City. The foregoing persons shall indicate on the application that the proposed permit is either approved or disapproved or approved subject to specified conditions, and shall return the application to the City Manager. 4-50.035 — Charitable Or ' anization Exem , tion and Certificate of Re ' istration Charitable organizations engaging in solicitation as described in the definition of solicitor are exem s t from the Hermit provisions of Sections 4-50.020 of this Article if registered with the City in accordance with this section. (a) Not later than ten 10 da s s rior to en ain' in solicitation a charitable or ' anization shall file with the Ci Mana ' er or desi ' nee a re ' istration statement with the followin ' information filed under penalty of perjury together with a rocessing fee in such amount as ma be established b resolution of the Ci Council: (1) The name of the organization; (2) The i rinci al address and tele s hone number of the or ' anization and the name and rinci s al business or residence address and tele s hone number of the desi ' nated responsible party of the or • anization• (3) Whether the or ' anization is authorized b an other ' overnmental authori to solicit and whether it is or has ever been en'oined b an court from solicitin (4) The or ' anization's initial Notice of Intent to Solicit described in subsection d below); (5) For a tax exem s t charitable or ' anization a co s of the or ' anization's exem ' tion determination from the Internal Revenue Service for verification of tax-exempt status; (6) For a charitable or ' anization sub'ect to re ' ulation s ursuant to the Uniform Trustees for Charitable Pur s oses Act, Government Code section 12580 et se a co s of the re ' istration instrument such charitable or ' anization has filed with the Attorney General pursuant to the requirements set forth under the Uniform Trustees for Charitable Purposes Act; and (7) For a charitable or ' anization not sub'ect to subsections 4 or 5 above a statement statin • the urpose for which the organization is or ' anized the date the or ' anization was or ' anized the name address and tele s hone number of a 2016 Annual Code Update - Page 18 California resident responsible for the organization, the purpose or purposes for which the funds earned from the solicitation will be used, and whether any commission, fees, wages, or emoluments are to be expended in connection with such solicitations and the amount thereof. (b) Within seven (7) days of receiving a complete registration statement for a qualifying charitable or ' anization the Ci Mana ' er or desi ' nee shall issue a certificate of registration. The certificate of registration shall remain in effect until December 31 of the year after which it is issued unless it is either suspended or revoked as rovided in this Article. The certificate ma be extended on an annual basis b a request for extension. (c) The or ' anization shall furnish to all of its members a ' ents or re s resentatives conductin ' solicitation credentials in writin ' statin ' the name of the or ' anization ur s ose of the solicitation and a co ' of the certificate of re • istration. (d) At any time a charitable organization is undertaking solicitation in the City there shall be on file in the office of the City Manager or designee a Notice of Intent to Solicit including the following information: (1) The name of the or ' anization and a co . of the certificate of re ' istration issued pursuant to subsection (b), above (this is not required for the first Notice of Intent to solicit filed by the organization); (2) The commencement and termination dates of the solicitation and expected frequency of solicitation in that time period; and how it will be conducted. (3) The i es of solicitation activi (4) An chan ' es to the information statement filed with the City pursuant to subsection (a), above; and (5) If desired b the or ' anization a re i uest to extend the or ' anization's certificate rovided in the most recent re istration of re ' istration issued • ursuant to subsection b above. A notice of Intent to Solicit ma be for a eriod of at least one da and no Ion er than one year. (e) An or ' anization re ' istered s ursuant to this section shall notif the Ci Mana ' er or designee within ten (10) days of any change in the information required to be furnished by such organization or association under this section. 4-50.040 - Grounds for denial of permit. The City Manager shall deny issuance of a permit applied for pursuant to Section 4- 50.030 of this Article based upon any of the following grounds: 2016 Annual Code Update - Page 19 (a) Disapproval of the application by the County Sheriff on any ground listed in Section 4-50.030(c)(1) above. (b) A finding that the applicant has engaged in conduct within the City or elsewhere for which a business license or permit could be revoked under the provisions of this Chapter. (c) A determination by the Community Development Director that the conduct of the business or activity would not be in compliance with each applicable allzoning requirements or and other rules, regulations and/or ordinances of the City. 4-50.050 - Issuance of permit; conditions; term. If a permit is issued pursuant to the application process set forth under Section 4-50.030 of this Article, it shall be subject to any conditions as may be imposed by the City Manager, the County Sheriff, or the Community Development Director. Peddler's and solicitor's permits may be issued on a daily, weekly, monthly or annual basis. 4-50.060 - Renewal of permit. A permit issued under Section 4-50.030 of this Article may be renewed for a period not exceeding one year upon application to the City Manager on such forms as the Manager may prescribe, accompanied by payment of a renewal fee in such amount as established from time to time by resolution of the City Council, unless the applicant is exempted from the payment of such fee. The City Manager shall renew the permit upon finding that all of the requirements of this Article have been satisfied by the permittee and no conditions of the permit have been violated. 4-50.070 - Transferability of permit. No permit issued under this Article shall be transferable and any attempted transfer shall invalidate the permit. 4-50.080 Commercial pPeddling or soliciting at night. No commercial peddling or soliciting shall be conducted in the City before the hour of 8:00 A.M. of any day, or after the hour of 7:00 8:00 P.M. of any day; provided, however, this restriction shall not apply to any meeting between the peddler or solicitor and a customer arranged by appointment with the customer. 4-50.085 Peddlin or Solicitin ' on Private Pro s er No s eddler or solicitor ma remain on s rivate s ro s er unless invited to remain b an owner or adult occu ant or other erson in control of the remises to be thereu i on for such s urs ose or after any person offered peddled wares or solicited has informed the eddler or solicitor b words or conduct that such s erson does not want to be offered such 2016 Annual Code Update - Page 20 wares or solicited or does not want to give money or any other thing of value to the peddler or solicitor. 4-50.090 - Compliance with "No Solicitors" signs. No person shall peddle or solicit, or attempt to peddle or solicit, at or upon the premises of any residential dwelling unit or business establishment where a "No Solicitors" or "No Trespassers" or similar sign is posted upon the premises in such manner as to be observable by persons who may wish to enter thereon. This Section applies to any form of peddling or soliciting for any purpose whatsoever, including, but not limited to, solicitation on behalf of any charitable; organization or activity. [Sections 4-50.100 -.120 omitted - no proposed changes.] 4-50.130 - Suspension or revocation of permit or certificate of registration. (a) Any permit issued under Section 4-50.030 of this Article may be suspended or revoked by the City Manager for any reason that would justify a refusal to issue the permit originally, or by reason of any failure by the permittee and/or the licensed person or organization to comply with all of the provisions of this Article, or any other provisions of this Code, or any condition of such permit. b An certificate of re istration issued under Section 4-50.035 of this Article ma be sus ended or revoked b the Ci Manaer whenever the Ci Mana ' er has discovered that a charitable or ' anization is en'oined b an court from solicitin ' contributions or the charitable or anization is or is about to be imminentl en ' a ' ed in an device scheme or artifice to defraud or to obtain mone or ro er b means of an false retense re s resentation or romise or an false statement has been made in an application, registration or statement to the City. (lac) The holder of the permit shall be given prompt notice of the intention to suspend or revoke the permit. Such notice shall fix a time and place, not less than five nor more than thirty days after service thereof, at which the holder of the permit may appear before the City Manager and be granted a hearing upon the merits of the suspension or revocation. If after such hearing the permit is ordered suspended or revoked, the holder shall have the right to appeal such action to the City Council. [Sections 4-50.140 -.150 omitted - no proposed changes.] 2016 Annual Code Update - Page 21 7. Massage Establishments Section 4-55.080 - Action by City Manager on permit application; grounds for denial. [Subsections (a -(k) of section 4-55.080 omitted - no proposed changes.] (1) Appeal of denial of application for a permit. Upon the denial of an application for a permit, the applicant may appeal through the following procedures: (1) The applicant shall file a written request for an appeal hearing, which states the specific grounds on which the decision of the City Clerk Manager to deny the permit is contested, within ten days after service of the notice of the written decision, by deposit of the notice, addressed to the holder of the permit, by certified mail and/or by hand delivery. At the time of submitting the written request for an appeal hearing, the applicant shall pay an appeal hearing fee, set forth in the City fee schedule, to help defray in part the additional cost to the City. If the applicant does not request an appeal hearing within the ten-day period, no further notice is required and the application will remain denied. [Subsection (2)-(6) of section 4-55.080(1) omitted - no proposed changes.] 2016 Annual Code Update - Page 22 8. Saratoga Disaster Council and Emergency Operations Article 6-05 - CIVIL DEFENSE AND DISASTER 6-05.010 - Purpose of Article. The declared purposes of tThis Article are to provides for the preparation and carrying out of plans for the protection of persons and property within the City in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of the City with all other public agencies, corporations, organizations and affected private persons. 6-05.020 - Emergency defined. As used in this Article, "emergency" shall mean the actual or threatened existence of conditions of disaster or of extreme peril to the safety of persons and property within the City caused by such conditions as air pollution, fire, flood, storm, epidemic, riot or earthquake, or other conditions, including conditions resulting from war or imminent threat of war, which conditions are or are likely to be beyond the control of the services, personnel, equipment and facilities of the City, requiring the combined forces of other political subdivisions to combat. 6-05.030 - Disaster Council. (a) The City of Saratoga Disaster Council (also referenced here as the Disaster Council) has been accredited by the State of California since 1947. The Disaster Council is hereby created and shall consists of the following members of the City Council. The Mayor shall be chairman. The Mayor pro tem shall be vice chairman._ (1) The Mayor or a City Council member designated by the Mayor shall be chairperson; (2) The City Manager; (3) The Assistant Director of Emergency Services;. (4) A representative designated by the Santa Clara County Fire Department; and (5) A representative designated by the Santa Clara County Sheriff's Office. (b) It shall be the duty of the Disaster Council, and it is hereby empowered, to develop and recommend for adoption by the City Council, implement such plans and agreements the Emergency Operation Plan referenced in section 6-05.070 and such other duties as specified in this Article. The Disaster Council shall meet at least annually upon call of the chairman or, in his or her absence from the City or inability to call such meeting, upon call of the vice-chairman. 6-05.040 — Disaster Service Worker Volunteers (a) The City of Saratoga Disaster Council shall provide for the registration of Disaster Service Worker Volunteers within the City of Saratoga and comply with the then applicable rules and regulations governing Disaster Service Worker Volunteers as established by the California Emergency Council pursuant to the provisions of California Government Code Section 8585.5 as it may be amended from time to time. 2016 Annual Code Update - Page 23 b All Disaster Service Worker Volunteers shall as a i art of the re ',istration process take and subscribe to an oath as required by Government Code Sections 3102 to 3103. c Disaster Service Worker Volunteer means an _i erson re ' istered with the Disaster Council or the California Emer ' enc Mana ement A enc or a state a enc granted authority to register Disaster Service Worker Volunteers, for the purpose of en • a ' in in disaster service • ursuant to the California Emer ' enc Services Act without pay or other consideration. Disaster Service Worker Volunteer includes ublic em i to ees • erformin disaster work outside their re ular em to ment without i a and also includes an unre ' istered • erson im ressed into service during a state of war emergency, a state of emergency or a local emergency baa person having authority to command the aid of citizens in the execution of his or her duties. Disaster Service Worker Volunteers do not include any member registered as an active fire-fi ' htin ' member of an re ' ularl or ' anized volunteer fire de • artment havin official reco nition and full or artial su ort of the Ci or County of Santa Clara. 6-05.0450 - Director of Emergency Services. (a) There is hereby created the office of Director of Emergency Services. The City Manager shall be the Director of Emergency Services. There is hereby created the office of assistant Director of Emergency Services, who shall be appointed by the City Manager the assistant to the City Manager. The assistant Director shall exercise all powers vested by this . . • . :- (b) (b) The Director of Emergency Services is hereby empowered to: (1) Proclaim the existence of a "local emer ' encv." or. if time permits, re s uest the Ci Council to do so at a dul noticed meetin ' Whenever a local emergency is proclaimed by the Director, the City Council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect. The Ci Council shall review the need for continuin ' the local emer ' enc at least once every 30 days until the City Council terminates the local emergenc . The City Council shall s roclaim the termination of the local emer ' enc at the earliest possible date that conditions warrant. (2) Request the governor to proclaim a "state of emergency" when, in the opinion of the Director, the locally available resources are inadequate to cope with the emergency. Develop emergency plans the Emergency Operations Plan with the assistance of emergency service chiefs for consideration by the Disaster Council, develop ancillary emergencvnlans as needed and manage the emergency programs of the City. (4) Control and direct the effort of the emergency organization of the City for the accomplishment of the purposes of this Article. Direct cooperation between and coordination of services and staff of the emergency organization of the City and resolve questions of authority and responsibility that may arise between them. (3) (5) 2016 Annual Code Update - Page 24 (6) to emergencies as defined herein. Manage the emergency programs of the City with the assistance of City staff and emergency service chiefs. (7) Authorize City Employees to perform any of the functions listed in subsections 3 through 6. (c) In the event of the proclamation of a "local emergency" as herein provided, the proclamation of a "state of emergency" by the governor or the director of the State Office of Emergency Services, or the existence of a "state of war emergency," the Director of Emergency Services is hereby empowered to: (1) Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, that such rules and regulations shall be confirmed or modified at the earliest practicable time by the City Council. (2) Obtain vital supplies, equipment and other such properties found lacking and needed for the protection of life and property and to bind the City for the fair value thereof and, if required immediately, to commandeer the same for public use; provided, however, that such actions which require expenditure of City funds shall be confirmed or modified at the earliest practicable time by the City Council. Require emergency services of any City officer or employee and, in the event of the proclamation of a "state of emergency" in the County or the existence of a "state of war emergency," to command the aid of as many citizens of the City as he deems necessary in the execution of his or her duties. Such persons shall be entitled to all privileges, benefits and immunities as are provided by State law for registered disaster service workersDisaster Service Worker Volunteers. Requisition necessary personnel or material of any City department or agency. Execute all his or her ordinary powers as City Manager, all of the special powers conferred upon him or her by this Article or by resolution or the Eemergency Operation Pplan pursuant hereto adopted by the City Council, all powers conferred upon him or her by any statute, by an agreement approved by the City Council and by any other lawful authority. (d) The Director of Emergency Services shall designate the order of succession to that office, to take effect in the event the Director is unavailable to attend meetings and otherwise perform his or her duties during an emergency. Such order of succession shall be approved by the City Council. (3) (4) (5) 6-05.0560 - Emergency organization. The emergency organization of the City shall consist of all officers and employees of the City, together with those volunteer forcesDisaster Service Worker Volunteers enrolled to aid them during an emergency, and all groups, organizations and persons who may, by agreement or operation of law, be charged with duties incident to the protection of life and property in the City 2016 Annual Code Update - Page 25 during such emergency, including persons impressed into service under the provisions of Subsection 6-05.0450(c)(3) of this Article. 6-05.0670 - Emergency Operation Pplan. The Disaster Council shall be responsible for the development of the City Eemergency Operation Pplan, which plan shall provide for the effective mobilization of all the resources of the City, both public and private, to meet any condition constituting a "local emergency," "state of emergency" or "state of war emergency;" and shall provide for the organization, powers and duties, services and staff of the emergency organization. Such plans shall be adopted by resolution of the City Council. 6-05.0780 - Mutual aid. It is the purpose of the City Council in enacting this Article to facilitate the rendering of mutual aid to and for the people of the City. The Emergency Operation )dans adopted and approved by the City Council shall provide for the interchange of mutual aid and for coordination with the emergency plans of the County. 6-05.0890 - Expenditures. Any expenditures made in connection with emergency activities, including mutual aid activities, shall conclusively be deemed to be for the direct protection and benefit of the inhabitants and property of the City. 6-05.09100 - Prohibited acts during emergency. It shall be unlawful and shall constitute a misdemeanor for any person, during an emergency to: (a) Willfully obstruct, hinder or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this Article, or in the performance of any duty imposed upon him or her by virtue of this Article. (b) Do any act forbidden by any lawful rule or regulation issued pursuant to this Article. (c) Wear, carry or display, without authority, any means of identification specified by the emergency agency of the State. 2016 Annual Code Update - Page 26 9. Parking at Public Electric Vehicle Charging Stations The following new section is added to the City Code: 9-15.085 - Designated Electric Vehicle Charging Zones. Parking stalls and spaces with access to public electric vehicle (EV) charging stations are hereby designated as EV charging zones. Any motor vehicle stopped, left standing, or parked in an EV charging zone must be connected to a charging station. Notwithstanding the foregoing, the City Council may by resolution designate EV charging zones where vehicles may be parked for up to 15 minutes without being in violation of this section. 2016 Annual Code Update - Page 27 10. Sports User Group Agreements 11-10.010 - Sports use permit. Certain predesignated areas of City parks may be made available for the temporary exclusive or non-exclusive use of groups of persons for sports and games upon the issuance of a use agreement approved by the City Council or a sports use permit by the Director in accord with the following provisions: (a) Each group must have one or more adults who agree in writing to be responsible for such group during the entire period of use of the area in question. (b) Each group shall in no event exceed in number seventy-five percent of the capacity of such park or the area of such park, and in all events the Director shall have the authority to limit the size of the group to a number less than such percentage of capacity in conditioning such permit. (c) Each permit shall specify: (1) the park(s) and area(s) of the park(s) to which the permit applies; (2) the day(s) and hour(s) for which the permit is issued over a period not to exceed one year; - ; and (43) any other conditions imposed by the Director. No group use permit or series of permits issued to the same or substantially the same group of persons shall authorize the use of 11-10.012 - Kevin Moran Park use permits. (a) Any sports use permit issued for use of Kevin Moran Park shall contain the following conditions: (1) The park may be used for practice use only. No games may be played at the park; (2) No use shall be allowed on Sundays; (3) All uses shall be between the hours of 3:00 P.M. and 7:00 P.M. or dusk, whichever comes first; and (4) No more than three teams may use the park at any one time. (b) No more than two user groups may have sports use permits at Kevin Moran Park at any one time. (c) Kevin Moran Park may be used by user groups on no more than six Saturdays per year according to a schedule set by the Director. • ' Kevin Moran Park shall conform to a form agreement approved by resolution of the City Council. 11-10.015 - Group use permit. Certain predesignated areas of City parks may be made available for the temporary exclusive or non-exclusive use of groups of one hundred or more persons, groups of twelve or more persons where alcohol will be consumed, use of parks after times specified in Section 11-05.020 for showing of a movie open to the public without charge, and any publicly advertised assemblage upon the issuance of a group use permit by the Director in accord with the following provisions: (a) Each group must have one or more adults who agree in writing to be responsible for such group during the entire period of use of the area in question. 2016 Annual Code Update - Page 28 (b) Each group shall not exceed seventy-five percent of the capacity of such park or the area of such park, and in all events the Director shall have the authority to limit the size of the group to a number less than such percentage of capacity in conditioning such permit. Each permit shall specify: The park(s) and area(s) of the park(s) to which the permit applies; The day(s) and hour(s) for which the permit is issued over a period not to exceed one (c) (1) (2) year; (34) Any other conditions imposed by the Director. and 2016 Annual Code Update - Page 29 11. Historic Preservation Commission Procedures four years. 13-10.0320 - Vacancy and removal. (a) In the event of a vacancy occurring during the term of a Commissioner, the City Council where such Commissioner is required to have special qualifications, such vacancy shall be filled by interim appointment, in the manner herein prescribed, with a person having such qualifications. 13-10.0430 - Organization. (b) The Planning Community Development Director or designee shall act as Secretary for the Heritage Commission, shall be the custodian of its records, shall conduct official correspondence and shall generally supervise the clerical and technical work performed at the request or on behalf of the Heritage Commission. Le) The Heritage Commission shall meet quarterly, or more frequently upon call of the Chairman or Commission staff, as necessary. All meetings shall be open to the public and a public record shall be kept of all Commission proceedings and actions. A majority of Commissioners shall constitute a quorum, with the Chaim having a vote. The Heritage Commission shall prescribe rules and regulations for the conduct of its business, thereafter 2016 Annual Code Update - Page 30 12. Ground Movement Regulations Article 16-65 - GROUND MOVEMENT REGULATIONS 16-65.040 - Pmw, Pd, Pdf and Ms area restrictions. No tentative or final subdivision approval shall be granted, nor shall any building or grading permit be issued for the construction or installation of any new building or structure, or addition to any existing building or structure, nor shall any new building or structure be constructed or installed in any Pmw, Pd, Pdf or Ms area unless and until all of the following requirements have been fully satisfied: (a) A geologic and geotechnical investigation report has been prepared in accordance with Section 14-20.020 of this Code and a site development plan has been prepared in accordance with Section 14-25.100 of this Code, and such report and development plan have been approved by the City's Geotechnical Consultant. (b) The owner of the property executes and files with the City Clerk and the Community Development Department a written statement representing to the City that he/she is relying upon the written investigation, report and opinion of the owner's geologist and geotechnical consultant regarding the safety of proposed development and that if the requested subdivision or site approval or building, grading or other permit or permits are granted, the owner agrees to and does thereby defend and indemnify and hold the City, its officials, officers, boards, commissions, employees, agents and professional consultants, free and harmless from and against any and all claims, actions, damages, suits or liabilities claimed by the owner 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 stating that the owner is voluntarily and knowingly assuming all risks thereof. The owner shall cause delivery of the indemni a ' reement to be made to the Santa Clara Coun Recorder and shall instruct the Recorder to record the agreement attaching thereto the written investi ' ation, report and opinion of the owner's geologist and geotechnical consultant regarding the safety of proposed development. (c) In addition to the foregoing requirements, for a Pmw, Pd, Pdf or Ms area, the geologic and geotechnical report referred to in subsection (a) of this Section is finalized, and contains the opinion of applicant's certified engineering geologist or geotechnical consultant, stating that the proposed subdivision, building site or land development and the proposed improvements to be constructed or installed thereon, as designed, will be safe for the intended use against hazard from earth movement. (d) In Pmw, Pd, and Pdf areas, after compliance with the foregoing requirements with the exception of Section 16-65.040(c), a categorically permitted project may be approved, subject to compliance with Sections 16-65.060 and 16-65.070. 16-65.050 - Pf area restrictions. 2016 Annual Code Update - Page 31 No tentative or final subdivision approval shall be granted, nor shall any building or grading permit be issued for the construction or installation of any new building or structure, or addition, exce s t for a minor addition of fif s s uare feet or less which does not increase the occu ant capacity of a residence, to any existing building or structure, nor shall any new building or structure be constructed or installed in any Pf area unless and until all of the following requirements have been fully satisfied: (a) A geologic investigation report has been prepared by a certified engineering geologist and approved by the City Geologist, showing the location or suspected location of faults. (b) A setback zone has been established along the identified or suspected fault location, as approved by the City Geologist, and a map or agreement has been recorded designating such setback area as open space and prohibiting the construction of any buildings or structures therein. (c) The owner of the property has executed and filed with the City Clerk a written statement and indemnity agreement as described in subsection 16-65.040(eb) of this Article. 2016 Annual Code Update - Page 32 13. Streamlined Permitting for Small Residential Rooftop Solar Systems The following new section is added to the City Code: 16-75.070 — Expedited Permit Process for Small Residential Rooftop Solar Systems (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, CA Govt. Code Section 65850.5) to achieve timely and cost-effective 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 Civil Code Section 714, subdivision (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 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. 2016 Annual Code Update - Page 33 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 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 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 single-family 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 publically 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. 2016 Annual Code Update - Page 34 (f) Plan review and inspection requirements: (1) Consistent with Government Code Section 65850.5 and Section 15-80.030(0 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 Section 4080 of the Civil Code. (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. 2016 Annual Code Update - Page 35 14. Streamlined Permitting for Electric Vehicle Charging Stations The following new section is added to the City Code: 16-75.080 — Expedited Permit Process for Electric Vehicle Charging Stations (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, CA Govt. 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 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 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 Government Code Section 65850.7. (d) Electric vehicle charging station requirements: (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. 2016 Annual Code Update - Page 36 (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 publically 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 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. (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 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 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 Section 4080 of the Civil Code. 791221.3 2016 Annual Code Update - Page 37