HomeMy WebLinkAboutOrdinance 294 Misc Code Amendments and Code ReadoptionORDINANCE NO. 294
AN ORDINANCE AMENDING CHAPTERS 2,10,14,15, AND 16
AND READOPTING THE SARATOGA CITY CODE
THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS:
Findings
1. The City of Saratoga wishes to amend certain sections of the City Code in order to
remedy internal ambiguities, clarify existing requirements, codify staff interpretations,
omit redundant terms and provisions, and amend grammatical and other errors.
2. Certain of the updates in this ordinance affect provisions of the City's zoning regulations
in Chapter 15 of the Code. These amendments were considered by the Planning
Commission of the City of Saratoga and the Commission, after a duly noticed public
hearing on June 13, 2012, recommended adoption of the updates to Chapter 15.
3. Section 1.A of this ordinance presents amendments to Chapter 15. Section 1.B presents
amendments to other sections of the Code required to conform to the amendments set
forth in section 1.A. Section 1.0 includes amendments to other provisions of the City
Code concerning parliamentary procedure, the meeting time of the Planning Commission,
the powers of the City Manager, and special event permits. Section 1.D readopts the
remainder of the Code in its entirety.
4. The City Council of the City of Saratoga held a duly noticed public hearing on July 18,
2012, 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 hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is amended as set forth below. Text to be added is indicated in bold
double -underlined font (e.g., bold double -underlined) and text to be deleted is indicated in
strikeout font (e.g., strikeout). Text in standard font remains unchanged by this ordinance.
A. Amendments to Chapter 15 Concerning Zoning Regulations
1. Amendment to Definition of Sign
15-06.610 - Sign.
See Section 15-30.020 in this Chapter for all definitions related to signs., sign area, sign height,
sign program, illuminated sign, and free standing sign, portable sign, identification sign,
sign, special event sign and subdivision sign.
1
•
2. Amendment to Definition of Corner Lot
15-06.420 - Lot.
"Lot" means a parcel of land consisting of a single lot of record.
(a) Lot of record means a lot which is part of a subdivision and shown on a map thereof as
recorded in the office of the County Recorder, or a legally created parcel of land described by
metes and bounds or shown on a parcel map which has been so recorded.
(b) Corner lot means a lot situated at the intersection of two (2) or more streets, or
bounded on two (2) or more connected sides by street lines. abutting the intersection of two or
illustrated in Figure 1.
DELETE IMAGE
l..y�
tl
•
Mfs... t • I..i.. R...64. ...:. .i...,.i
(c) Interior lot means a lot other than a corner lot.
(d) Flag lot means a lot having access to a street by means of a private driveway or corridor
of land not otherwise meeting the requirements of this Chapter for site width. The length of a
corridor access shall be measured from the frontage line to the nearest point of intersection with
that property line parallel or most nearly parallel to the frontage line.
(e) Hillside lot means a lot having an average slope of ten percent or greater.
(f) In -fill lot means a lot surrounded by other developed lots in at least three out of four
northern, southern, eastern or western directions.
2
(g) Reversed corner lot means a corner lot, the side lot line of which is substantially a
continuation of the front lot line of the first lot to its rear.
(h) Double frontage lot means an interior lot having frontage on two parallel or
approximately parallel streets.
3. Amendment to Building Permit Requirement for Solid Fences Exceeding Six Feet in Height
15-29.010 - Height restrictions.
(a) General regulations. A building permit shall be required for any solid fence more than
six feet in height. (including lattice or similar material). Height maximums and permitted
materials for fences shall be as follows:
(1) Solid fences. Except as otherwise specified in this Article, no solid fence shall exceed six
feet in height. However, up to two feet of lattice (or similar material) that is at least twenty-five
percent open to the passage of light and air may be added to the top of a solid fence. A solid
fence taller than six feet shall not be permitted unless approved by the Planning Commission
through the exception process detailed in {Section} section 15-29.080, or approved by the
Community Development Director pursuant to sections 15-29.030, 15-29.040, or 15-29.050 of
this Chapter.
(2) Open fences. Except as otherwise specified in this Article, open fencing, such as wrought
iron, wire material, split rail, chain link, or other similar fencing shall not exceed eight feet in
height. With the exception of chain link fencing, open fencing shall have openings sufficient to
allow the unobstructed passage of a sphere having a diameter of four inches. For chain link
fencing, the opening shall be two inches at minimum and no slats are allowed in any opening.
(b) Front setback area. No fence located within any required front setback area shall exceed
three feet in height.
(c) Exterior side setback area of reversed corner lots. No fence located within any
required exterior side setback area of a reversed corner lot shall exceed three feet in height.
(d) {Exceptions.} The height limitations do not apply to the following circumstances:
(1) Wrought iron entrance gates within the front setback area, designed with openings to
permit visibility through the same, may extend to a height not exceeding five feet, and shall be
located a minimum of twenty feet from the edge of street pavement.
(2) Safety railings that are required by the California Building Code shall be excluded from
the height requirements of this Section.
(3) Pedestrian entryway elements, such as arbors and trellises, when attached to a fence
within a front setback area or within an exterior side setback area, may be permitted to a
maximum height of eight feet, a maximum width of five feet, and a maximum depth of five feet.
3
(4) On any lot where the front setback area, or a portion thereof, of the subject property: (1)
does not have street frontage as defined by Section 15-06.290; and (2) the front lot line, or a
portion thereof, of the subject property abuts the side or rear setback area of an abutting property,
the maximum permitted fence height for a side or rear setback area shall be permitted within the
front setback area of the subject property where it abuts the side or rear setback area of an
abutting property.
(e) Street intersections. No fence, hedge, retaining wall, entryway element, pilaster, gate, or
other similar element located within a triangle having sides fifty feet in length from a street
intersection, as measured from intersecting curblines or intersecting edges of the street pavement
where no curb exists, shall exceed three feet in height above the established grade of the
adjoining street.
(f) Driveway intersections. No fence, hedge, retaining wall, entryway element, pilaster,
gate, or other similar element located within a triangle having sides twelve feet in length from
either side of a driveway where it intersects with edge of pavement shall exceed three feet in
height above the established grade of the adjoining street. Protected trees described in section 15-
50.050 of this Code are not subject to this requirement.
(g) Vehicular obstructions. No fence, hedge, retaining wall, entryway element, or any other
similar element shall constitute an obstruction as provided for in City Code Section 10-05.030
(h) Recreational courts. Fencing around recreational courts shall comply with the
regulations contained in Section 15-80.030(c) of this Chapter.
(i) Pilasters. Pilasters constituting a part of a fence, in reasonable numbers and scale in
relationship to the nature and style of the fence, may extend to a height of not more than two feet
above the height limit applicable to the fence containing such pilasters, but in no case shall the
height of pilasters exceed eight feet. If pilasters within the front setback area are attached to a
wrought iron entrance gate, the pilasters are permitted to a maximum height of seven feet.
4
(j) Light fixtures. The height of a fence shall not include light fixtures mounted thereon at
the entrance of driveways and sidewalks leading into a site. Not more than two such light
fixtures shall be installed at each driveway and sidewalk entrance.
(k) Swimming pool fences. Fences required for swimming pools are governed by City Code
Sections 16-75.010 and 15-29.020(e).
(1) Retaining walls. No retaining wall shall exceed five feet in height. Notwithstanding the
foregoing, no retaining wall located in a front or exterior side setback area shall exceed three feet
in height.
4. Amendment to Parking Requirement for Bicycles
15-35.045 - Schedule of bicycle parking.
Off-street bicycle parking for new development shall be provided in accordance with the
following schedule:
Use
Spaces
Class
Retail establishments and financial institutions in all commercial
1 per 2,000 sq. ft.
2
districts with the exce . tion of the C -H zonin • district.
5. Amendment to Design Review Findings Pertaining to Protected Trees
15-45.080 - Design review findings.
The Planning Commission shall not grant design review approval unless it is able to make
the following findings:
(a) Avoid unreasonable interference with views and privacy. The height, elevations and
placement on the site of the proposed main or accessory structure, when considered with
reference to:
(1) The nature and location of residential structures on adjacent lots and within the
neighborhoods; and
(2) Community view sheds will avoid unreasonable interference with views and privacy.
(b) Preserve natural landscape. The natural landscape will be preserved insofar as
practicable by designing structures to follow the natural contours of the site and minimizing tree
and soil removal; grade changes will be minimized and will be in keeping with the general
appearance of neighboring developed areas and undeveloped areas.
(c) Preserve protected, native and heritage trees. All heritage trees (as defined in Section
15-50.020(1)) will be preserved. All protected and native trees as defined in designated for
Section 15-50.050 will be preserved, or, given the constraints of the
5
property, the number approved for removal will be reduced to an absolute minimum. Removal of
any smaller oak trees deemed to be in good health by the City Arborist will be minimized using
the criteria set forth in Section 15-50.080
(d) Minimize perception of excessive bulk. The proposed main or accessory structure in
relation to structures on adjacent lots, and to the surrounding region, will minimize the
perception of excessive bulk and will be integrated into the natural environment.
(e) Compatible bulk and height. The proposed main or accessory structure will be
compatible in terms of bulk and height with (1) existing residential structures on adjacent lots
and those within the immediate neighborhood and within the same zoning district; and (2) the
natural environment; and shall not (1) unreasonably impair the light and air of adjacent
properties nor (2) unreasonably impair the ability of adjacent properties to utilize solar energy.
(f) Current grading and erosion control methods. The proposed site development or
grading plan incorporates current grading and erosion control standards used by the City.
(g) Design policies and techniques. The proposed main or accessory structure will conform
to each of the applicable design policies and techniques set forth in the Residential Design
Handbook and as required by Section 15-45.055
6. Amendment to Temporary Use Permit Requirements (Sections 15-60.010 and 15-60.020
only)
15-60.010 - Temporary uses allowed by permit.
(a) For the purposes of this Article, the term "temporary use" means an activity described in
subsection (b) of this Section, whether profit or non-profit, conducted on public or private
property for a limited period of time. If such time does not exceed ten consecutive days or a total
of ten days within a thirty -day period, the application may be acted upon and a temporary use
permit issued by the Community Development Director; otherwise, the application shall be acted
upon by the Planning Commission.
(b) The following described temporary uses may be permitted in any zoning district in the City
upon the prior obtaining of a temporary use permit pursuant to this Article:
(1) Art shows.
(2) Craft shows.
(3) Antique shows.
(4) Outdoor sales on public or private property.
(5) Tours of heritage resources, as designated pursuant to Chapter 13 of this Code.
(6) Home tours.
6
(7) Fundraising activities conducted on a residential site for artistic, cultural, educational
or political purposes.
(8) Additional temporary uses added by the Planning Commission in accord with Section
15-60.050
15-60.030 - Issuance of use permit; conditions.
(a) The Community Development Director or the Planning Commission, as the case may be, may
grant a temporary use permit upon a finding that the temporary use is compatible with the
purposes and objectives of this Chapter, and in doing so shall impose such reasonable conditions
as circumstances may require, including, but not limited to, the following:
(1) A refundable clean-up deposit, in such amount as may be appropriate.
(2) Limitation on the length of time, the days of the week, and the hours of the day during
which the activity may be conducted.
(3) Approval by the County Health Department if food is to be sold in connection with
the activity.
(4) Approval by the Chief of the Fire District in which the activity will be conducted if
such activity involves any risk of fire, explosion, or other similar hazard.
(5) Approval by the Sheriffs Department if the activity requires any traffic or crowd
control or involves any potential threat to the public safety.
(6) Provision for sanitary facilities.
-- - e, number, location and duration of temporary signs advertising
the activity.
(b) The Community Development Director or the Planning Commission may deny any
application which is detrimental to the public health, safety or welfare or which is in conflict
with the objectives of this Chapter. Approval for the identical use by the same applicant shall not
be given more than once in a twelve-month period.
7. Amendment to Setback Requirement for Accessory Structures Located within Rear
Setbacks
15-80.030 - Special rules for accessory uses and structures in residential districts.
The following special rules shall apply to certain accessory uses and structures
in any A, R-1, HR, R -OS or R -M district:
7
(a) Stables and corrals. Subject to approval by the Community Development Director, no
stable or corral, whether private or community, shall be located closer than fifty feet from any
property line of the site, or closer than fifty feet from any dwelling unit or swimming pool on the
site. In the HR district, 110 stable or corral shall be located closer than fifty feet from any stream
and the natural grade of a corral shall not exceed an average slope of fifteen percent.
(b) Swimming pools. Subject to approval by the Community Development Director, no
swimming pool or accessory mechanical equipment shall be located in a required front, side or
rear setback area, except as follows:
(1) A swimming pool and accessory mechanical equipment may be located within a required
rear setback area, but the water line of the swimming pool may be no closer than six feet from
any property line. Any portion of such swimming pool that is located outside of the rear setback
area shall comply with the side setback area requirements for the site.
(2) If the required minimum side setback area is more than ten feet, accessory mechanical
equipment may be located within such side setback area, but no closer than ten feet from the side
lot line.
(c) Recreational courts. Subject to approval by the Community Development Director,
recreational courts may be allowed, provided that such recreational courts shall comply with all
of the following restrictions, standards and requirements:
(1) The recreational court shall not exceed seven thousand two hundred square feet in area.
(2) The recreational court shall not be illuminated by exterior lighting.
(3) No direct opaque screening shall be utilized around any portion of the recreational court.
(4) No fencing for a recreational court shall exceed ten feet in height.
(5) No recreational court shall be located in a required front or side setback area. Such courts
may be located within a required rear setback area, but no closer than fifteen feet from any
property line.
(6) The natural grade of the area to be covered by the recreational court shall not exceed an
average slope of ten percent, unless a variance is granted pursuant to Article 15-70 of this
Chapter.
(7) The recreational court shall be landscaped, in accordance with a landscape plan approved
by the Community Development Director, so as to create a complete landscaping buffer from
adjoining properties within two years from installation. In addition, a bond, letter of credit or
other security, in such amount as determined by the Community Development Director, shall be
furnished to the City to guaranty the installation of the landscaping improvements in accordance
with the approved landscaping plan.
8
(8) The recreational court shall be designed and located to minimize adverse impacts upon
trees, natural vegetation and topographical features and to avoid damage as a result of drainage,
erosion or earth movement.
(9) The recreational court shall be designed to preserve the open space qualities of hillsides,
creeks, public paths, trails and rights-of-way on or in the vicinity of the site.
(d) Enclosed accessory structures. No enclosed accessory structures shall be located in any
required setback area of any lot, except as follows:
(1) Upon the granting of a use permit by the Planning Commission pursuant to Article 15-55,
cabanas, garages, carports, recreation rooms, hobby shops and other similar structures may be
located no closer than six feet from a side property line and the rear property line of the rear
setback area and shall not exceed eight feet in height, plus one additional foot in height for
each three feet of setback from the rear property line in excess of six feet, up to a maximum
height of ten feet if the structure is still located within the required rear setback area.
(2) Subject to approval by the Community Development Director, garden sheds, structures
for housing swimming pool equipment and other enclosed structures of a similar nature, not
exceeding two hundred fifty square feet in floor area, may be located no closer than six feet from
a side property line and the rear property line of the rear setback area and shall not exceed six
feet in height, plus one additional foot in height for each additional foot of setback from the rear
property line in excess of six feet, up to a maximum height of ten feet if the structure is still
located within the required rear setback area. This subsection shall not apply to any structure
intended or used for the keeping of animals.
(e) Unenclosed garden structures. Subject to approval by the Community Development
Director, unenclosed garden, ornamental and decorative structures such as gazebos, lattice work,
arbors and fountains, free-standing fireplaces and play structures may be located no closer than
six feet from a side or rear property line and shall not exceed eight feet in height, plus one
additional foot in height for each additional foot of setback from the side and rear property line
in excess of six feet, up to a maximum height of ten feet if the structure is still located within a
required side or rear setback area.
(f) Solar panels. Solar energy systems do not require any discretionary approval unless the
Building Official has a good faith belief that the solar energy system could have a specific,
adverse impact upon the public health and safety, in which case a solar energy system use permit
is required. Applications for such permits shall be acted upon by the Community Development
Director in accordance with California Health and Safety Code 17959.1.
(g) Outdoor cooking devices. Subject to approval by the Community Development
Director, permanent outdoor cooking devices, such as those constructed out of brick or masonry,
may be located no closer than six feet from the rear property line and shall not exceed eight feet
in height.
(h) Accessory structures in R -M district. Notwithstanding any other provisions of this
Section and subject to approval by the Community Development Director, accessory structures
9
not exceeding fourteen feet in height may be located in a required rear setback area in any R -M
district, provided that not more than fifteen percent of the rear setback area shall be covered by
structures, and provided further, that on a reversed corner lot, an accessory structure shall not be
located closer to the rear property line than the required side setback area on the abutting lot and
not closer to the exterior side property line than the required front setback area of the abutting
lot.
(i) Referral to Planning Commission. With respect to any accessory structure requiring
approval by the Community Development Director, as described in subsections (a) through (h) of
this Section, the Director may refer the matter to the Planning Commission for action thereon
whenever the Director deems such referral to be necessary or appropriate.
(j) Exceptions to standards. The Planning Commission shall have authority to grant
exceptions to any of the regulations set forth in subsections (a) through (h) of this Section
pertaining to the size, height or required setback of an accessory structure in a side or rear
setback area, through the granting of a use permit for such accessory structure pursuant to Article
15-55 of this Chapter. The Planning Commission's authority shall not be subject to any
quantified limitations contained in subsections (a) through (h), except subsection (d)(1) which
already establishes quantified limitations on a use permit issued by the Planning Commission.
The Planning Commission's authority shall not extend to allowing an accessory structure in a
setback area where it is not expressly allowed under subsections (a) through (h).
(k) Emergency or stand-by generators. No emergency or stand-by generator shall be
allowed between the lot line and any required front, side or rear setback area setback line. All
emergency or stand-by generators shall be required to meet all applicable requirements of the
City Code including Article 7-30 concerning noise. Outside a required front, side, or rear setback
area, an emergency or stand-by generator may be permitted upon the granting of a conditional
use permit from the Planning Commission. Any application for such a permit must be
accompanied with information from the manufacturer documenting the noise generation
characteristics of the generator. A noise assessment study shall be prepared by a qualified
acoustical consultant for all proposed generators. The noise assessment study shall confirm the
generator meets all applicable requirements of the City Code including Article 7-30 concerning
noise. This restriction shall not apply to generators for which the owner provides evidence of
installation prior to July 1, 2004, provided, however, that removal of nonconforming generators
may be required as a condition of approval for any design review application involving
expansion or reconstruction of more than fifty percent of the main dwelling, as described in
Article 15-45.
(1) Heating, ventilation and air conditioning (HVAC) mechanical equipment. No HVAC
mechanical equipment shall be allowed between the lot line and any required front, side or rear
setback line. [Delete Paragraph Break] HVAC mechanical equipment shall be required to
meet all applicable requirements of the City Code including Article 7-30 concerning noise. This
restriction shall not apply to HVAC equipment for which the owner provides evidence of
installation prior to July 1, 2004, provided however, that removal of nonconforming HVAC
equipment may be required as a condition of approval for any design review application
involving expansion or reconstruction of more than fifty percent of the main dwelling, as
described in Article 15-45.
10
8. Amendments to Early Warning Alarm System Requirements
15-80.090 - Early warning fire alarm system.
(a) Findings and purpose. The City Council finds and determines as follows:
(1) Utilization of current technology in the detection and warning of fire will significantly
enhance the level of protection from such hazard while at the same time maximizing the
effectiveness of existing equipment and facilities for emergency responses.
(2) Certain areas of the City have been designated as the Wildland-Urban Interface Fire Area
on the City's Wildland-Urban Interface Fire Area Map, which are defined as any land covered
with grass, grain, brush or forest which is so situated or is of such inaccessible location, that a
fire originating upon such land would present an abnormally difficult job of suppression or
would result in great and unusual damage through fire or resulting erosion. The response time of
emergency equipment to calls for aid in the hazardous fire areas is impaired due to the
nonavailability of access to some portions of such areas, the existence of steep, narrow streets
and roadways located in such areas, the lack of connecting streets and roadways in such areas,
and the unusual topography of such areas. Further, the presence of heavy vegetation in the
Wildland-Urban Interface Fire Area increases the potential for the rapid spread of any fire which
may start in such areas, particularly during seasonal dry spells.
(3) A substantial portion of the new single-family dwellings being constructed in the City are
larger structures, typically in excess of five thousand square feet with three -car garages. By
reason of their size, a fire in these structures can be more difficult to extinguish.
(4) The risk of fire to persons and property within multi -family dwellings and structures
containing multiple sleeping units is proportionately greater because of the higher density of
occupants. Immediate warning of fire and notification to the Fire District of the existence and
location of fire will serve to reduce the possibility of death, injury and property damage.
(5) Because commercial buildings and community facilities are public gathering places, the
public health and safety risks of fire are particularly acute. Immediate warning of fire and
notification to the Fire District of the existence and location of fire will serve to reduce the
possibility of death, injury and property damage in these structures.
(6) The public safety and welfare may necessitate installation of an early warning fire alarm
system. in a commercial structure or community facility, depending upon the facts and
circumstances to be evaluated by the Fire Chief in each individual case.
(7) It is the goal and policy of the City, as set forth in the Safety Element of the General Plan,
to require installation of an early warning fire alarm system as hereinafter provided in this
Section. The purpose of this Section is to implement such goal and policy.
(b) Mandatory requirement for installation of alarm system. As a condition for the
granting of design review approval or a use permit or variance under this Chapter, the approving
11
authority shall require the installation of an early warning fire alarm system in accordance with
Article 16-60 in Chapter 16 of this Code, and the connection of such system to a monitoring
station in such manner as may be specified by the Saratoga Fire District, in each of the following
cases:
(1) All new single-family dwellings, commercial structures and community facilities located
within the designated Wildland-Urban Interface Fire Area.
(2) Any existing single-family dwelling, commercial structure or community facility which
is expanded by fifty percent or more in floor area and is located within the designated Wildland-
Urban Interface Fire Area.
(3) All new single-family dwellings, commercial structures and community facilities having
a floor area in excess of five thousand square feet.
(4) Any existing single-family dwelling, commercial structure or community facility which
is expanded by fifty percent or more in floor area which, after such expansion, will exceed five
thousand square feet in floor area.
(5) All new multi family dwellings and other new structures having multiple sleeping units
including, but not limited to, hotels, motels, apartments, condominiums or other community
housing projects, institutional facilities, townhouses and nursing homesresidential structures
classified as "R" occupancies in the most recent version of the California Building Code
adopted by the
City of Saratoga, except R-3 occupancies which are not otherwise required to install the
early warning alarm system under Paragraphs (1), (2), (3) or (4) above.
(6) Any existing multi family dwelling or other structure having multiple sleeping units such
homesresidential structure classified as an "R" occupancy, except an R-3 occupancy as
described in subsection (b)(5) of this Section, which is expanded by fifty percent or more in floor
area.
(c) Discretionary requirement for certain commercial structures and community
facilities. Where an existing commercial structure or community facility is remodeled or the use
thereof is changed, and such commercial structure or community facility either: (1) has a floor
area in excess of five thousand square feet, or (2) regardless of size, is located within the
designated Wildland-Urban Interface Fire Area, then the Chief of the Fire District having
jurisdiction over the project, may require the installation of an early warning fire alarm system in
accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to a
monitoring station in such manner as may be specified by the Saratoga Fire District. If the
requirement to install an alarm system is imposed, it shall be made a condition of the design
review approval or use permit or variance under this Chapter. The determination by the Fire
Chief shall be based upon any one or more of the following considerations:
(1) An occupant load increase of fifty percent or more.
12
(2) New commercial cooking operations.
(3) Hazardous materials storage for which a permit is required.
(4) The principal use involves the care or supervision of building occupants such as day care
facilities for children or senior citizens.
(d) Determination of floor area and fifty percent expansion.
(1) As used in this Section, the term "commercial structure" includes, but is not limited to,
office buildings, retail stores, restaurants, repair shops, and industrial buildings, and the term
"community facility" includes, but is not limited to, schools, theatres, churches, meeting halls
and conference centers.
(2) The determination of floor area is as defined in this Chapter; and
(3) For the purposes of this Section, any expansion shall be considered as equaling or
exceeding the fifty percent limit where the work of construction or improvement is done at
different time intervals requiring two or more building permits, within a period of five years after
completion of the first improvement, where although each is for a project encompassing an
expansion of less than fifty percent of increased floor area, but when combined with other
expansions during the five-year period of time increase the amount of floor area of the structure
by fifty percent or more of that amount which existed immediately prior to the commencement
of the first of the several expansions.
B. Amendments to Conform Other Code Sections to the Amendments Above
1. Amendment to Section 14-10.150 concerning definition of corner lot.
14-10.150 - Lot.
"Lot" means a parcel of land consisting of a single lot of record.
(a) Lot of record means a lot which is part of a subdivision and shown on a map thereof as
recorded in the office of the County Recorder, or a legally created parcel of land described by
metes and bounds or shown on a map which has been so recorded.
(b) Corner lot means a lot situated at the intersection of two (2) or more streets, or bounded
on two (2) or more connected sides by street lines abutting the intersection of two or more
the street abutting the lot has an interior angle over the distance of any curve of one hundred
thirty five degrees or less.
(c) Interior lot means a lot other than a corner lot.
13
(d) Flag lot means a lot having access to a street by means of a private driveway or corridor of
land not otherwise meeting the applicable regulations of the Zoning Ordinance for site width.
The length of a corridor access shall be measured from the frontage line to the nearest point of
intersection with that property line parallel or most nearly parallel to the frontage line.
(e) Hillside lot means a lot having an average slope of ten percent or greater.
(f) In -fill lot means a lot surrounded by other developed lots in at least three out of four northern,
southern, eastern or western directions.
(g) Reversed corner lot means a corner lot, the side lot line of which is substantially a
continuation of the front lot line of the first lot to its rear.
(h) Double frontage lot means an interior lot having frontage on two parallel or approximately
parallel streets.
2. Amendments to Section 14-25.110 Concerning Early Warning Alarm Systems
14-25.110 - Early warning fire alarm system.
(a) Findings and purpose. The City Council finds and determines as follows:
(1) Utilization of current technology in the detection and warning of fire will significantly
enhance the level of protection from such hazard while at the same time maximizing the
effectiveness of existing equipment and facilities for emergency responses.
(2) Certain areas of the City have been designated as the Wildland-Urban Interface Fire Area
on the City's Wildland-Urban Interface Fire Area Map, which are defined as any land covered
with grass, grain, brush or forest which is so situated or is of such inaccessible location that a fire
originating upon such land would present an abnormally difficult job of suppression or would
result in great and unusual damage through fire or resulting erosion. The response time of
emergency equipment to calls for aid in the Wildland-Urban Interface Fire Area is impaired due
to the nonavailability of access to some portions of such areas, the existence of steep, narrow
streets and roadways located in such areas, the lack of connecting streets and roadways in such
areas, and the unusual topography of such areas. Further, the presence of heavy vegetation in the
Wildland-Urban Interface Fire Area increases the potential for the rapid spread of any fire which
may start in such areas, particularly during seasonal dry spells.
(3) A substantial portion of the new single-family dwellings being constructed in the City are
larger structures, typically in excess of five thousand square feet with three -car garages. By
reason of their size, a fire in these structures can be more difficult to extinguish.
(4) The risk of fire to persons and property within multi -family dwellings and structures
containing multiple sleeping units is proportionately greater because of the higher density of
occupants. Immediate warning of fire and notification to the Fire District of the existence and
location of fire will serve to reduce the possibility of death, injury and property damage.
14
(5) Because commercial buildings and community facilities are public gathering places, the
public health and safety risks of fire are particularly acute. Immediate warning of fire and
notification to the Fire District of the existence and location of fire will serve to reduce the
possibility of death, injury and property damage in these structures.
(6) The public safety and welfare may necessitate installation of an early warning fire alarm
system in a commercial structure or community facility, depending upon the facts and
circumstances to be evaluated by the Fire Chief in each individual case.
(7) It is the goal and policy of the City, as set forth in the Safety Element of the General
Plan, to require installation of an early warning fire alarm system as hereinafter provided in this
Section. The purpose of this Section is to implement such goal and policy.
(b) Mandatory requirement for installation of alarm system. As a condition for tentative
map approval under this Chapter, the advisory agency shall require the installation of an early
warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the
connection of such system to a monitoring station in such manner as may be specified by the
Saratoga Fire District, in each case described in section 15-80.090(b)(1)-(5), (c), and (d) of this
Code.of the following cases:
Interface Fire Area.
a floor area in excess of five thousand square feet.
thousand square feet in floor area.
• - - r new structures having multiple sleeping units
including, but not limited to, hotels, motels, apartments, condominiums or other community
as described in subsection (b)(5) of this Section, which is expanded by fifty percent or more in
floor area.
area in excess of five thousand square feet, or (2) regardless of size, is located within the
15
the project may require the installation of an early warning fire alarm system in accordance with
. .
station in such manner as may be specified by the Saratoga Fire District. If the requirement to
install an alarm system is imposed, it shall be made a condition of tentative map approval under
this Chapter. The determination by the Fire Chief shall be based upon any one or more of the
(1) An occupant load increase of fifty percent or more.
(2) New commercial cooking operations.
(3) Hazardous materials storage for which a permit is required.
('1) The principal use involves the care or supervision of building occupants such as day care
facilities for children or senior citizens.
(d) Determination of floor area and fifty percent expansion.
(1) As used in this Section, the term "commercial structure" includes, but is not limited to,
office buildings, retail stores, restaurants, repair shops, and industrial buildings, and the term
"community facility" includes, but is not limited to, schools, theatres, churches, meeting halls
and conference centers.
(2) The determination of floor area is as described in Chapter 15.
(3) For the purposes of this Section, any expansion shall be considered as equaling or
exceeding the fifty percent limit where the work of construction or improvement is done at
different time intervals requiring two or more building permits, within a period of five years after
completion of the first improvement, where although each is for a project encompassing an
expansions during the five y ar period of time incr ase the amount of floor ar of the structure
by fifty percent or more of that amount which existed immediately prior to the commencement
of the first of the several expansions.
3. Amendments to Section 16-47.040 Concerning Green Building Regulations Applicable to
Single- Family and Multi -Family Dwellings.
16-47.040 - Private (nonpublic) building compliance.
All covered projects shall demonstrate compliance with the following level of green building
standards and submit application materials determined by the Community Development Director
as sufficient to make such compliance determination:
(a) Single-family and multiple -family dwellings.
(1) Prior to issuance of a building permit, the applicant shall submit verification by a certified
16
the GreenPoint rating system New residential buildings shall comply with all mandatory
measures in accordance with the California Green Building Standards Code.
the specific categories as specified in the GreenPoint rating system.
(b) Commercial, mixed-use, and community facility buildings.
(1) Prior to issuance of a building permit, the applicant shall submit verification by the City
building official that the building design will be fifteen percent more energy efficient than
required by Part 6 of Title 24 of the California Code of Regulations using a State of California
adopted performance method, as approved by the State Energy Commission.
(2) Prior to issuance of a final occupancy inspection, the applicant shall submit verification by
the project architect or engineer that the building was constructed per the approved energy
efficiency requirements.
4. Amendments to Section 16-60.010 Concerning Installation of Alarm Systems
16-60.010 - Application of Article; requirement for installation of alarm system.
(a) Where installation of an early warning fire alarm system is required under the Safety
Element of the General Plan or any provision of this Code, including Section 14-25.110 of the
Subdivision Ordinance or Section 15-80.090 of the Zoning Ordinance, or this Article, such early
warning fire alarm system shall be installed, operated, and maintained in accordance with the
provisions of this Article.
(b) Where a proposed development does not require any form of permit or approval to be
granted under the Subdivision Ordinance or the Zoning Ordinance, installation of an early
warning fire alarm system in accordance with the provisions of this Article shall be required as a
condition for the granting of any building or other permit under this Chapter 16 in each case
described in section 15-80.090(b)(1)-(5), (c), and (d) of this Code., ach of the following
cases:
within a designated Wildland Urban Interface Fire Area.
(2) Any existing single family dwelling, commercial structure or community facility which is
expanded by fifty percent or more in floor arcma and is located within a dcsignatcd Wildland
Urban Interface Fire Area.
17
(3) All new single family dwellings, commercial structures and community facilities having
a floor area in excess of five thousand square feet.
(1) Any existing single family dwelling, commercial structure or community facility which is
expanded by fifty percent or more in floor area which, after such expansion, will exceed five
thousand square feet in floor area.
(5) All new multi family dwellings and other new structures having multiple sleeping units
including, but not limited to, hotels, motels, apartments, condominiums or other community
housing projects, institutional facilities, townhouses and nursing homes.
(6) Any existing multi family dwelling or other structure having multiple sleeping units such
as described in subsection (b)(5) of this Section, which is expanded by fifty percent or more in
floor area.
(7) When required by the Chief of the Fire District having jurisdiction over the project, an
early warning fire alarm system shall be installed in an existing commercial structure or
-d within a designated Wildland Urban Interface Fire Area. The
determination by the Fire Chief shall be based upon any one or more of the following
considerations:
a. An occupant load increase of fifty percent or more.
b. New commercial cooking operations.
c. Hazardous materials storage for which a permit is required.
As used in this Section, the term "commercial structure" includes, but is not limited to, office
buildings, retail stores, restaurants, repair shops, and industrial buildings, and the term
"community facility" includes, but is not limited to, schools, theatres, churches, meeting halls
and conference centers.
The determination of floor area is as described in Chapter 15. For the purposes of this
the work of construction or improvement is done at different time intervals requiring two or
more building permits, within a period of five years after completion of the first improvement,
where although each is for a project encompassing an expansion of less than fifty percent of
increased floor area, but when combined with other expansions during the five year period of
C. Amendments to Other Provisions of the City Code
18
1. Amendment to Section 2-10.110 concerning Parliamentary Procedures.
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:
(a) Sponsorship of ordinances. Ordinances prepared in accordance with Section 2-10.090 and
resolutions and other matters requiring action by the City Council must be introduced and
sponsored by a member of the City Council; except that the City Manager or City Attorney may
present the same and any Council member may assume the sponsorship thereof by moving that
such ordinance, resolution or other matter be adopted.
(b) Reading of ordinances. An ordinance may be introduced by the reading of title only. All
ordinances shall be read in full, either at the time of introduction or passage, except when, after
reading the title, further reading is waived at the time of introduction or passage by the
unanimous vote of the Council members present at the meeting.
(c) Resolutions. Resolutions may be presented in written or oral form. Where written, the
resolution need only be read by title and number prior to action thereon, and only the motion
adopting it need appear in the minutes. Where oral, the same shall be stated in full by the moving
party, and if adopted, shall either be transcribed in full in the minutes or thereafter be reduced to
written form separate from the minutes, executed by the presiding officer and attested by the City
Clerk.
(d) Motion failing to receive second. A motion failing to receive a second can proceed with
consideration and a vote on the motion without a second is at the Mayor's discretion. than be
(e) Rejected motions and evenly split votes. The failure of passage of any motion before the
City Council shall be deemed a denial of the motion; provided, however, a motion failing by
reason of an evenly split vote at a meeting where four or less Councilmembers are present shall
be agendized and voted upon at the next regular meeting of the City Council at which a quorum
is present. If 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 City Council of the
motion.
(f) Motion for reconsideration. A motion to reconsider actions taken by the City Council
can be made only by a Council member on the prevailing side, but may be seconded by any
Council member.
(1) A motion to reconsider the passage of an ordinance or the granting by the City Council of
an application or request by any person for a permit, license, right, privilege, approval or contract
shall be made only during the meeting at which the action was taken. If the motion is adopted,
the action shall either be reconsidered at that meeting or agendized for the next regular meeting
of the City Council at the discretion of the City Council.
19
(2) A motion to reconsider any action other than of the type described in subsection (0(1) of
this Section, may be made at any time. If a motion to reconsider any other action is made and
adopted at a subsequent meeting, the action to be reconsidered shall be agendized for the next
regular meeting of the City Council unless a request for reconsideration has been included and
specifically identified on the agenda for the meeting at which the motion is adopted, in which
case the City Council may act on the matter to be reconsidered at such meeting.
Nothing herein shall extend the statute of limitations applicable to any action taken by the
City Council.
(g) Recording 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 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. Amendment to 2-15.040 Concerning the Time of Regular Planning Commission Meetings.
2-15.040 - Regular meetings.
The regular meetings of the Planning Commission shall be held on the second and fourth
Wednesday of each month unless such day is a holiday, in which case the meeting may be held
on such business day as designated by the Planning Commission or the meeting may be
cancelled. The time of such meeting shall be 740 7:00 P.M., subject to modification by the
Planning Commission, and the place shall be at City Hall in the Saratoga City Council
Chambers. Any regular meeting may be cancelled by the Planning Commission upon
announcement of such cancellation at the regular meeting preceding the meeting to be cancelled.
3. Amendment to Section 2-20.050 concerning City Manager Approval of Interagency Grants
and Agreements.
2-20.050 - Powers and duties of the City Manager.
The City Manager shall be the administrative head of the government of the City under the
direction and control of the City Council, except as otherwise provided in this Article. 14e The
City Manager shall be responsible for the efficient administration of all the affairs of the City
which are under his the City Manager's control. In addition to his general powers as
administrative head, and not as a limitation thereon, he the City Manager shall have the
following powers and duties:
(a) Law enforcement. It shall be the duty of the City Manager to enforce all laws, Code
provisions and ordinances of the City, and he the City Manager shall have the powers of a
peace officer. 14e the City Manager shall also see that all franchises, contracts, permits and
privileges granted by the City Council are faithfully observed and the conditions, if any, thereof
performed.
(b) Repealed.
20
AO Authority over employees. The City Manager shall have It shall be the duty of the City
Manager, and he shall have the and authority to control, order and give directions to all heads of
departments and to subordinate officers and employees of the City under his the City
Manager's jurisdiction through their department heads.
(4) Power of appointment and removal. The City Manager shall have the duty to, and he -shall
appoint, employ, remove, promote and demote any and all officers and employees of the City,
subject to all applicable provisions of State law and the personnel ordinance as set forth in
Article 2-40 of this Chapter, together with such personnel rules as may be adopted by resolution
of the City Council. (e) Administrative reorganization of offices. It shall be the duty and
responsibility of the City Manager to conduct studies and effect such administrative
reorganization of offices, positions or units under his the City Manager's direction as may be
indicated in the interest of efficient, effective and economical conduct of the City's business.
(f4) Ordinances. It shall be the duty of the City Manager and he shall to recommend to the City
Council for adoption such measures and ordinances as he the City Manager deems necessary.
(g_e) Attendance at Council meetings. It shall be the duty of the City Manager to attend all
meetings of the City Council unless he is excused therefrom by the Mayor individually, or the
City Council.
(hp Financial reports. It shall be the duty of the City Manager to keep the City Council at all
times fully advised as to the financial condition and needs of the City.
(ig) Budget. It shall be the duty of the City Manager to prepare and submit the proposed annual
budget and the proposed annual salary plan to the City Council for its approval.
(jll Expenditure control and contracting purchasing. No expenditure shall be submitted to or
recommended to the City council except on approval of the City Manager or his duly authorized
representative. The City Manager, and he shall be responsible for the purchase of all supplies
and services for all the departments and divisions of the City in accordance with the City
purchasing policy and may accept on behalf of the City grants in any amount and execute
a ' reements with other s ublic a ' encies rovided that such • rants and a reements do not
obligate expenditures by the City in excess of twenty-five thousand dollars.
(ki) Investigations and complaints. It shall be the duty of the City Manager to make
investigations into the affairs of the City and any department or division thereof, and to
investigate any contract or the proper performance of any obligations of the City. Further, it shall
be the duty of the City Manager to investigate all complaints in relation to matters concerning the
administration of the City government and in regard to the service maintained by public utilities
in the City, and to see that all franchises and permits granted by the City are faithfully performed
and that the provisions and requirements thereof are observed.
(Ia) Public buildings. It shall be the duty of the City Manager and he shall to exercise general
supervision over all public buildings, public parks and all other public property which are under
the control and jurisdiction of the City Council.
21
(mli Additional duties. It shall be the duty of the City Manager to perform such other duties and
exercise such other powers as may be delegated to him from time to time by ordinance or
resolution or other official action of the City council.
4. Amendments to Article 10-10 Concerning Special Event Permits
Article 10-10 - SPECIAL EVENT PERMIT
10-10.010 - Definitions.
For the purposes of this Article, the following words shall have the meanings respectively
ascribed to them in this Section, unless the context or the provision clearly requires otherwise:
(a) Parade means a march, procession, motorcade or walk upon any public highway, street,
alley or sidewalk in the City. The term "parade" as used in this Article, does not include a funeral
procession consisting of a single direct movement from a mortuary or church to a place of burial.
(b) Footrace means an event generally open to members of the public and sponsored by a
person, organization or group, wherein the participants bike, run or walk jog following an
established route over public highways, streets, alleys or sidewalks within the City.
(c) Festival -Festivity means a fair, exhibition, ceremony, art show, program, celebration or
other public assemblage of people for the conduct of an event festivity, involving the complete
or partial use or closure of any public highway, street, alley, sidewalk or other public property in
the City to normal vehicular or pedestrian traffic.
(d) Special event means a parade, footrace or festival festivity that is likely either (1) to
have 75 or more participants, (2) to interfere with the free use of the public right of way by
others, or (3) to not comply with traffic regulations, as such terms are defined in this Section.
10-10.020 - Permit required; prohibited activity.
(a) No person shall hold, conduct, carry on or cause to be held, conducted or carried on any
special event in the City without first having obtained from the City Council a permit to do so
issued pursuant to this Article.
(b) No person may engage in any of the following activities:
(1) Participate in a special event for which a permit has not been issued.
(2) Participate in a permitted special event in violation of the terms of the permit.
(3) Participate in a permitted special event without the consent of the permittee.
(4) Unlawfully ilnterfere with the orderly conduct of a permitted special event.
22
(5) Sell or offer for sale on public streets, sidewalks or rights-of-way any goods, wares or
merchandise from vehicles, wagons, pushcarts, stalls, booths or other methods, during or in
connection with a permitted special event, unless such sales activity is conducted pursuant to and
in accordance with the terms and conditions of the special event permit and with the
authorization of the permittee.
10-10.030 - Application for permit.
(a) Applications for a permit to conduct a special event shall be filed with the City Manager
at least forty days in advance of the proposed event unless_ permission is granted by the City
•
1. The a , i licant demonstrates ' ood cause for a shorter time , eriod. The Ci Mana ' er
shall not consider the view
oint
of the
ermit a s . licant in determinin
whether an
a , licant has demonstrated ' ood cause- or
2. The s s ecial vent involv s onl non-commercial ex s ressive activi that i s rotected
by the First Amendment of the United States or Article 1, Sections 2 and 3 of the State
Constitution. An application for a permit to conduct a special event that consists of such
ex , ressive activi shall be filed with the Ci at least two da s in advance of the ro . osed
event.
(b) The application shall contain the following information:
(1) Name, address and description of the sponsor for the event, together with the name,
address and telephone number of the contact person representing such sponsor.
(2) Description of the nature and purpose of the special event to be conducted.
(3) Estimated number of participants and, if a parade, the number and types of vehicles,
floats, bands, marching units and animals to participate.
(4) Date of the event and the hours during which it will be conducted.
(5) Proposed route or area to be occupied and a statement as to whether the special event will
occupy all or only a portion of the streets on which the event will be conducted.
(6) Proposed method of handling vehicular and pedestrian traffic, including routes over
which any traffic is to be diverted.
(7) Proposed sanitary facilities, if any are to be used, including toilet facilities, and the
proposed method of sewage and refuse disposal.
(8) If food is to be sold or otherwise distributed, the procedure to be followed in the handling
and preparation of such food.
(9) Description of any sales activity to be conducted upon public streets, sidewalks or rights-
of-way, including the estimated number of street vendors, the nature, size and location of any
23
booths or stalls, and a description of any vehicles, wagons; pushcarts or other mobile units to be
utilized in connection with the sales activity.
(10) Number, types and locations of all loudspeakers or other sound amplifying devices to be
used.
(11) Number, type, size, and location of all signs associated with the event, including the
timeframe in which the signs will be erected.
(124-) Method of notifying participants prior to the event of the terms and conditions of the
permit.
(132) Such other information as reasonably requested by the City Manager pertaining to the
manner in which the proposed event will be conducted.
(c) The application shall be accompanied by the payment of a nonrefundable processing fee
in such amount as may be established from time to time by resolution of the City Council.
10-10.040 - Investigation of application.
(a) The City Manager shall transmit a copy of the application for review and comments by
such of the following persons and agencies who may have jurisdiction over the event:
(1) The County Sheriff.
(2) The Chief of each fire district in which the event will be conducted.
(3) The County Transit Agency.
(4) The State Highway Patrol.
(5) The State Department of Transportation.
(6) The County Health Department.
(7) The City Community Development Department Service Officers.
The foregoing persons and agencies shall be requested to indicate on the application that the
proposed permit is either approved or disapproved or approved subject to specified conditions,
and to return the application to the City Manager within twenty days.
(b) Upon receipt of the comments and recommendations from the persons and agencies
referred to in subsection (a) of this Section, the City Manager shall take action to grant or deny
the application.
10-10.050 - Factors to be considered in granting or denying a permit.
24
The Ci Man . ' er shall is ue a decision ' rantin ' or den in ' the . ermit within 35 da s of
receiving a complete application, unless a shorter application period is permitted under
Section 10-10.030(a)(1) or (2), in which case the City Manager shall issue a decision
granting or denying the permit at least 24 hours before the proposed event. If the City
Mana ' er denies th • ermit or ' r: nts it with conditions . er Section 10-10.070 the Ci
Mana
er must , rovide written fin
in s ex i lainin • the decision. The Ci Mana ' er shall
not consider the viewpoint of the permit applicant, the identity or associational
relationships of the applicant, or any assumptions or predictions as to the amount of
hostili which ma be arou • d in the s ublic b the event in determinin ' whether to • rant
the permit, grant it with conditions, or deny the permit. In determining whether a permit
should be issued, the City Manager Council shall consider the following factors:
(a) Whether the special event will disrupt to an unreasonable extent the movement of other
traffic or create any safety hazard as a result of such other traffic being stopped or diverted.
(b) Whether sufficient police services can be provided to assure proper traffic control and the
orderly conduct of the special event.
(c) Whether the streets, roads and highways over which the special event will travel or on
which it will be conducted are of sufficient size and construction to safely accommodate the
number of participants and the size, height and weight of any vehicles, floats, equipment or
animals participating in the event.
(d) Whether the special event will interfere with any other public events to be conducted on
the same day.
(e) Whether the special event is likely to cause injury to persons or property or create an
unreasonable disturbance of the peace.
10-10.060 - Permit for single event only.
Only one special event shall be held. conducted or carried on under a single permit issued
pursuant to this Article.
10-10.070 - Contents of permit.
Permits issued pursuant to this Article may contain such conditions as deemed by the City
Manager to be necessary or appropriate for the orderly and safe conduct of the event, including,
but not limited to, the following:
(a) Starting and ending times.
(b) In the case of a festival:
(1) The streets on which the festival will be conducted.
(2) The number and location of booths, displays or other structures to be erected for the event
and the design thereof.
25
(c) In the case of a parade or footrace:
(1) The assembly area and the time of assembly.
(2) The route to be followed and portions of streets to be traversed that may be occupied by
the parade or footrace.
(3) The number and type of vehicles, floats. bands, marching units, pieces of equipment and
animals.
(d) The nature and extent of any sales activity to be conducted upon public streets, sidewalks
or rights-of-way. The holder of the special event permit shall issue to each vendor authorized to
engage in such sales activity an identification card or other evidence of such authorization, which
shall be displayed by the vendor to a law enforcement officer of the City or to any representative
of the permittee requesting to inspect the same.
(e) Number and location of sound amplifying devices and permitted level of amplification.
(f) Number and location of persons required to control, direct and monitor the event.
(g) Requirements and instructions for removal of any signs, equipment or structures erected
or installed for the event and removal of litter and debris created in connection with the conduct
of the event.
(h) Requirements and instructions for the number, size, location, and removal of signs.
10-10.080 - Insurance.
As a condition for issuance of a permit, the applicant shall furnish to the City, at the
applicant's own cost and expense, a policy or policies of liability and other insurance coverage as
may be required under the applicable insurance standards of the City, as established from time to
time by resolution of the City Council. Such policy or policies shall be maintained in full force
and effect in accordance with said insurance standards during the entire term of the permit.
10-10.090 - Clean-up deposit.
Prior to the issuance of a permit, the applicant shall deliver to the City a cash deposit in the
amount of two hundred fifty dollars as a guaranty that the applicant will perform a final cleanup
of all areas where the special event will be conducted. Such final cleanup shall be completed, to
the satisfaction of the City Manager, within twenty-four hours after cessation of the event. If the
applicant fails to complete the cleanup within such period of time or if the clean-up work is not
performed to the satisfaction of the City Manager, the Manager may cause any necessary clean-
up work to be performed and may utilize the security depositfor payment of any costs or
expenses as may be incurred in connection therewith. In the event the clean-up cost exceeds the
amount of the security deposit, the applicant shall be liable to the City for payment of such
excess cost. Upon certification by the City Manager that the final cleanup has been satisfactorily
completed, the clean-up deposit or any remaining balance thereof, shall be mailed to the
applicant at his address shown on the application.
26
10-10.100 - Security and traffic control expenses.
As a condition for issuance of a permit, the City Manager shall require the permittee to
reimburse the City for all security, traffic control and law enforcement expenses incurred by the
City in connection with the special event.
10-10.110 - Waiver of requirements.
(a) The application fee required under Section 10-10.030(c), the liability and property
damage insurance required under Section 10-10.080, the clean-up deposit required under Section
10-10.090 and the payment of security and traffic control expenses required under Section 10-
10.100, shall be waived or reduced by the City Manager if the event is conducted for the primary
purpose of exercising the right of free speech pursuant to the First Amendment of the United
States Constitution and Article 1, Sections 2 and 3 of the State Constitution, and the applicant
demonstrates, to the satisfaction of the City Council that the applicant is unable to pay such fees
and expenses and will not receive sufficient revenue from the conduct of the special event to do
so. However, in no event shall a permittee for a non-commercial special event conducted
for the primary purpose of exercising the right of free speech pursuant to the First
Amendment of the United States Constitution and Article 1, Sections 2 and 3 of the State
Constitution be required to provide or pay for the cost of public safety personnel who are
present to protect event attendees from hostile members of the public or counter -
demonstrators or for general law enforcement in the vicinity of the event.
(b) In addition to the waivers prescribed in subsection (a) of this Section, the City Manager
may, in his discretion, waive any of the requirements of this Article in whole or in part upon a
showing of good cause for such waiver. After making the decision whether or not to grant
such a waiver, the City shall issue a brief statement enumerating the reasons for granting
or den in ' such a w . iver. The Ci ma not for the S ur S oses of determinin ' whether ' ood
cause exists for such a waiver, consider the content of speech protected by the First
Amendment of the United States Constitution or Article 1, Sections 2 and 3 of the State
Constitution. When determining whether good cause exists to grant a waiver, the City
shall consider:
1 The financial abili of the s ermittee to satis the re i uirements of sections 10-
10.030,10-10.080,10-10.090, and 10-10.100;
(2) The likelihood that a permitted event will present a substantial risk of exposure to
liabili for the Ci or its officers a • ents em i lo ees or volunteers.
10-10.120 - Transferability of permit.
Any permit issued pursuant to this Article shall apply only to the permittee named therein
and may not be transferred or assigned to any other person.
10-10.130 - Revocation of permit.
27
Any permit issued pursuant to this Article may be summarily revoked by the City Manager
upon a determination that:
(a) By reason of accident, disaster or other emergency, the safety of persons or property
requires such revocation; or
(b) A term, condition, restriction or limitation of the permit has been violated or is being
violated; or
(c) Due to changed circumstances, or the discovery of facts unknown to the City Manager at
the time the permit was issued, the considerations for issuance of the permit are no longer valid
or applicable.
10-10.140 - Violation of Article; penalties.
The violation of any provision contained in this Article shall constitute a misdemeanor,
subject to the penalties as set forth in Article 3 of this Code.
D. Readoption of the City Code****
The Saratoga City Code set forth as Attachment A to this Ordinance is the City Code in effect
and as of July 18, 2012 with the exception of amendments approved prior to that date that will
take effect on or before August 18, 2012 and is hereby readopted in its entirety with the
amendments set forth in sections I.A, I.B, and I.C, above. Attachment A includes editorial notes
regarding the dates and manner of adoption of various Code sections; these notes are not adopted
by this Ordinance and may be revised and updated as appropriate in the process of administering
the publication of the Code.
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, Staff is recommending amendments to the existing City Code
28
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 August, 2012, and
was adopted by the following vote on the 5th day of September, 2012.
AYES: Council Member Manny Cappello, Emily Lo, Howard Miller, Vice Mayor Jill
Hunter, Mayor Chuck Page
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
J wl (vtovnw
Crystdl Morrow
City Clerk
APPROVED AS TO FORM:
Richard Taylor
CITY ATTORNEY
Page
MAYOR, CITY OF SARATOGA, f I RNIA
DATE: Cl/ l /70 r2-
29
2
29