HomeMy WebLinkAboutOrdinance 360- annual code updateORDINANCE NO. 360
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING
CITY CODE ARTICLES 7-15 (WEED ABATEMENT);7-20 (DANGEROUS DOGS); 10-
15, -20 (ENCROACHMENTS ON CITY PROPERTY); 15-15 (AP/OS: AGRICULTURAL
PRESERVE OVERLAY DISTRICT); AND SECTIONS 2-05.030 (ADMINISTRATIVE
APPEALS); 2-10.10 (COUNCIL MEETING DATES); 2-15.040 (PLANNING
COMMISSION MEETING DATES); 15-06.21 (DEFINITION OF FENCE); 15-06.280
(DEFINITION OF FLOOR AREA); 15-06.825 (DEFINITION OF WINERY); 15-12.030
(CONDITIONAL USES IN R-1 SINGLE FAMILY RESIDENTIAL DISTRICT); 15-
29.010 (SWIMMING POOL FENCES); 15-50.020(P) (NATIVE TREE DEFINITIONS);
AND 17-05.010 (CONSTRUCTION DEBRIS RECYCLING).
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.
2. The City Council referred the amendments to Saratoga Municipal Code Chapters 7 and 15 in this
ordinance to the Planning Commission and the Planning Commission held a hearing on those
amendments on September 26 and November 14, 2018. Following consideration of all testimony
and written materials, the Planning on November 14 2018 recommended that the City Council
adopt the amendments to Chapter 15 set forth herein.
3. The City Council of the City of Saratoga held a duly noticed public hearing on November 21,
2018, 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 Exhibit A.
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 noticed public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on the 21 st day of November, 2018 and
was adopted by the following vote on December 5, 2018.
COUNCIL MEMBERS:
AYES: Mayor Mary -Lynne Bemald, Vice Mayor E. Manny Cappello, Council
Members Howard A. Miller, Emily Lo, Rishi Kumar
NOES:
ABSENT:
ABSTAIN:
ATT� T•
D
bie retschneider
INTERIM CITY CLERK
APPROVED AS TO FORM:
Richard Taylor, CITY ATTORNEY
SIGNED:
Mary- jnneaBernald
MAYOR, CITY OF SARATOGA, CALIFORNIA
DATE: / 21 / 6i0 1 e
DATE:
1-zislca
Exhibit A - 2018 Saratoga Municipal Code Update
The provisions 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 except in cases where it directs renumbering of
subsections not otherwise amended.
1. Administration
2-05.030 — Administrative Appeals
(a) Right to appeal. Except where an appeals procedure is otherwise specifically set forth in this
Code, any interested person objecting to the whole or any portion of an administrative
determination or decision made by a commission, committee or an official of the City, where
such determination or decision involves the exercise of administrative discretion or personal
judgment pursuant to any of the provisions of this Code, may appeal to the City Council by
filing with the City Clerk a notice of appeal clearly identifying the determination or decision
from which the appeal is taken and stating the grounds for the appeal. Decisions pertaining
to implementation of the California Environmental Quality Act may be appealed only
in accordance with the Local CEQA Guidelines of the City of Saratoga. A The notice of
appeal shall be accompanied by the payment of a filing fee in such amount as established
from time to time by resolution of the City Council.
[No changes to subsections (b) through (i).J
2-10.010 - Regular meetings.
The regular meetings of the City Council shall be held on the first and third Wednesdays of each
month except for the first Wednesday of January unless such day is a holiday, in which case
the meeting may be held on such business day as designated by the City Council or the meeting
may be cancelled. The time of such meeting shall be 7:00 P.M., provided, however, that the City
Council may meet in closed session or with Commissions and community groups, and conduct
study sessions as part of the regular meeting prior to 7:00 P.M. The place shall be at City Hall in
the Saratoga City Council Chambers at 13777 Fruitvale Avenue, Saratoga, California unless
otherwise specified on the agenda for the meeting. Any regular meeting may be rescheduled or
cancelled by action of the City Council at a regular or special meeting preceding the meeting to be
rescheduled or cancelled.
2-15.040 - Regular meetings.
The regular meetings of the Planning Commission shall be held on the second and—feufth
Wednesday of each month unless such day is a holiday, in which case the meeting may be held on
2018 Annual Code Update - Page 3
such business day as designated by the Planning Commission or the meeting may be cancelled.
The time of such meeting shall be 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.
2. Weed Abatement
7-15 — Weed and Rubbish Abatement
7-15.010 - Authority for Article.
This Article is adopted pursuant to Sections 39501 and 39502 of the Government Code. It is
intended as an alternative to the procedure set forth in Article 2 of Chapter 13, Division 3 of Title
4 of the Government Code (commencing with Section 39560). The City may proceed under this
Article or said Article 2 of the Government Code, or both. All references to actions by the City
Manager or the City herein also include, respectively, the Manager's and City's designees.
7 15.020 Delegation of enforcement authority to County; Enforcement Officer defined.
(a) Except as otherwise expressly provided in this Article, the duty and authority to cnforc
provisions of this Article are hereby delegated to the County, to be performed in
accordance with the terms of such contract for wccd abatement services as may be
- . d from time to time between the City and the County. In the event such contract is
(b) The term "Enforcement Officer," as used in this Article, means the person or persons duly
authorized by the County to administer and enforce the provisions of this Article. If the
County at any time ceases to render weed abatement services for the City, the Enforcement
Officer shall be such person as designated by the City Council.
7-15.0-9 020 - "Weeds" defined.
The term "weeds," as used in this Article, shall include, without limitation, any of the following:
(a) Weeds which bear seeds of a downy or wingy nature;
(b) Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to
become, when dry, a fire menace;
(c) Weeds which are otherwise noxious or dangerous;
(d) Poison oak and poison ivy when the conditions of growth are such as to constitute a
menace to the public health;
2018 Annual Code Update - Page 4
(e) Dry grass, stubble, brush, litter, or other flammable material which endangers the public
safety by creating a fire hazard.
7-15.040 030 - Public nuisance and abatement requirements.
Each of the following are hereby declared to be a public nuisance and shall be abated by the
owner of the property, who is hereby required to remove or destroy such weeds, rubbish, refuse,
dirt, obstructions and any other dangerous materials, as hereafter described, from his or her
property, and from the abutting street or streets adjoining such property within the extended lot
lines thereof, to the centerline of such street or streets:
(a) All weeds, rubbish, refuse, dirt or other obstructions located or growing on the right-of-
way of any public street or street offered for dedication to the public, and any sidewalk,
curb, gutter, parkway, driveway.private road or right-of-way furnishing access to any
building or structure, or alley within the City;
(b) Except as set forth in subpara s r . . h c of this Se ti n s • low all A41 weeds, rubbish,
refuse, and other materials dangerous to neighboring property or the health or welfare of
residents in the vicinity, which are growing or located within one hundred feet of any
building, fence, structure or property line ,_regardlesss ofwhether of the e be
growing or located on the same lot, site or parcel on which the building, fence or other
structure is located, in all zoning districts in the City except as set forth in Paragraph (c) of
this -Section.
(c) In an A, HR, R OS HC RD, NHR or R-1-40,000 zoning district in the City, all weeds,
rubbish and refuse which are growing or located on any unsubdivided lands, or on any site
or parcel of land of an area parcel or parcels in excess of one acre in single ownership,
which are within one hundred feet of any building or structure, or within thirty feet of any
right-of-way line of a public street or within thirty feet of the property line of the parce101
site, or lot in question. In addition, on any parcel or parcels in excess of five acres in
single ownership, there shall be established 30 foot fuel breaks cleared of flammable
violation dividing the parcel or parcels into segments of five acres or less. It is the
intention of this provision to permit the retention of natural growth on larger parcels of land
in the lesser developed areas of the City, but at the same time, to provide reasonable
regulations for the prevention of sweeping fires in such areas.
7-15.050 040 - Declaration of nuisance and order to abate; public hearing b Ci Coun il.
(a) The Enforcement Officer City Manager shall furnish annually to the City Council a report
of those properties on which any weeds, rubbish, refuse, dirt, obstructions or other
dangerous materials have been found to exist in violation of this Article. The City Council
shall review such report at a public hearing and upon the close of the public hearing
make any changes therein it deems necessary or proper and. Upon approval of the report
"bmift�a a; oa, the Cit Coune�' Ghat , by resolution, declare a public nuisance
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to exist upon the properties described in the report and order abatement of the nuisance.
2018 Annual Code Update - Page 5
7 15.060 Notice to abate; public hearing by City Council.
(a) At least 10 calendar days prior to the public hearing, Tthe Enforcement Officer City
Manager shall send to the owner of each property on which a nuisance has been found
declared by the City Council to exist, at his the owner's address as shown on the latest
available equalized assessment roll, a notice to informing the owner of the nuisance and
directing abatement abate -lush of the nuisance within the time specified in the notice
which shall be not less than thirty 10 days after the date on which the notice is mailed. A
copy of the notice shall also be published once ina newspaper having general cifcalation in
the City and posted at a conspicuous location in City Hall. The notice to abate shall also
advise the property owner of the following:
(1) The date, time, location of the City Council public hearing;
() That upon failure by the owner to abate the nuisance within the specified time, the
property will be declared a public nuisance and the weeds, rubbish, or other
materials will be removed by the County City;
(22) That all fees and abatement costsincurred b.. the County together with
administrative fee in the amount set forth in the notice; shall be charged to the owner;
That nonpayment of the fees and abatement costs and the administrative fee will
result in the same being levied as a special assessment against the property, to be
collected at the same time and in the same manner as ordinary real estate taxes;
(4) That any person objecting to the declaration of nuisance or the proposed abatement
thereof may present such objections at a the public hearing to be conducted by the
City Council at the time and place indicated in the notice.
The City Council shall conduct a public hearing on the proposed nuisance declaration
and abatement order at the time and place designated in the notice and shall hear and
determine consider any objections by the owners of properties on which a nuisance has
been found. The City Council shall make any chan es in the declaration and order it
deems necessary or proper, after which the Council shall by resolution confirm the
declaration and order as submitted or modified. declared to exist. The Council may
Offcer ef- to deci on within ter day after the , l„sie fthe „„blic hearing. The
decision by the Council shall be final.
7-15.4 74 050 - Abatement by County.
Upon any failure by the property owner to remove or abate the a nuisance listed in the
declaration and order within the time specified in the notice given pursuant to Subsection 7-
15.050 ,
, the
City Manager Enforcement Officer shall, without further order or notice, cause the nuisance to
2018 Annual Code Update - Page 6
be abated, and for such purpose, the Enforcement Officer City and h4s its agents, employees and
contractors are authorized to enter upon the property where such nuisance exists. Nothing herein
shall prevent the property owner from himself abating such nuisance, so long as all weeds,
rubbish, refuse, dirt, obstructions and dangerous materials have been completely removed or
destroyed prior to the arrival of the Enforcement Officer or his representatives City's designees
to remove the same.
7-15.080 060 - Account of costs and billing.
The City shall keep an account of fees and the costs of abating such
nuisance upon each separate lot or parcel of land and shall send a bill for the same, including the
administrative fee, to the property owner by mail, to the address or addresses to which the
original notice of abatement had previously been sent, which bill shall specify on the face thereof
that, in the event of the failure of the full payment of the same within fifteen itaith days from
date of mailing, the amounts set forth in such bill, together with administration costs, will
become a lien against the land and shall constitute a special assessment and be collected at the
same time and in the same manner as general municipal taxes of the City, and a hearing on such
assessment and any objections thereto will be held by the City Council at the time and place
indicated in the billing, and that no other or further notice will be given of such assessment and
hearing other than as set forth on the face of the billing.
7-15.090 070 - Assessment report and hearing.
The Enforcement Officer shall submit a The City Manager shall submit a report to the City
Council of all unpaid bills for weed abatement costs and fees ,
and a list of the parcels to be assessed for the sueli-e-x-penses-and costs and fees. The Council
shall conduct a public hearing on the report, at which time any property owner may object to any
matter contained in the report. No notice need be given of such hearing other than the notice
contained in the billing previously sent to the property owner in accordance with Section 7-
15.080060. The City Council shall review the report, hear and determine any objections thereto,
and make any changes therein it deems necessary or proper, after which the Council shall by
resolution confirm the report and assessment as submitted or modified. The decision by the
Council shall be final.
7-15.4-00 080 - Levy and collection of special assessment.
The cost of abating the nuisance upon the property described in the Enforcement Officer's
assessment report, together with the administfative applicable feel thereon, as finally confirmed
by the City Council, shall constitute a special assessment against each respective lot or parcel of
land, and after thus made and confirmed, shall constitute a lien on such property for the amount
of such assessment until paid. A certified copy of the assessment shall be filed with the County
Tax Collector, who shall enter the amounts of such assessments against the respective lots or
parcels of land on the County tax roll upon which general municipal taxes are to be collected,
and the amount of each such assessment shall be collected at the same time and in the same
manner as ordinary municipal taxes, and shall be subject to the same interest and penalties, and
the same procedures for sale in case of delinquency. All laws and ordinances heretofore or
2018 Annual Code Update - Page 7
hereafter made applicable to the levy, collection and enforcement of City taxes are hereby made
applicable to such special assessments.
7-15.41-0 090 - Summary abatement.
Nothing contained in this Article shall prevent the Enforcement Officer City from abating any
weed or rubbish nuisance summarily, without notice to the property owner, pursuant to Article 3-
20 of this Code where an immediate hazard to the public health, safety or welfare is found by the
Enforcement Officer to exist upon any real property in the City. In such event, the collection of
abatement costs and levy of the same as a special assessment shall be conducted in accordance
with the procedure set forth in Article 3-20 of this Code.
7-15.120100 - Violations of Article; penalties.
The violation of any provision contained in this Article shall constitute an infraction, subject to
the penalties as set forth in Chapter 3 of this Code.
3. Dangerous Dogs Regulations
7-20.110 — Impoundment.
[No changes in subsections (a) through (J J
(g) Disposition of impounded animal. Any animal impounded and not (1) redeemed or (2)
subject to a request for a hearing pursuant to Section 3-10.050 of the City Code appealing a
decision that the animal ma not be redeemed �=:ithin the state mandated holdin� erioa ara '
Y � b Y•••••••a a.uau ii
the manner specified in this Article may be disposed of by the Animal Control Officer or the
shelter where such animal is confined; provided, however, any animal that has been determined
by a veterinarian licensed by the State or other qualified person to be diseased or injured to the
extent that emergency veterinary care will not alleviate its suffering shall be destroyed in a
humane manner as soon as possible, and in such event, the Animal Control Officer shall not be
required to give the notice described in subsection (b) of this Section. An animal in good health
and temperament shall be made available for adoption or release to a humane society or other
society incorporated and organized for the prevention of cruelty to animals qualifying under
Corporations Code Section 14500 and following and deemed satisfactory by the Animal Control
Officer in his or her sole discretion.
[No changes in subsection (h).]
7-20.120 - Hearings.
(a) Request for hearing on determinations pursuant to this Article. regarding impounded
animal. Except where notice is not required to be given to an owner under any provision in
this Article, any owner of an animal that is the subject of an order or determination pursuant
to this Article, or any Any owner of an impounded animal who wishes to challenge a
2018 Annual Code Update - Page 8
determination that an impounded animal may not be redeemed or the conditions imposed on
redemption, may file an appeal by shall personally delivering or mailing a written request for a
hearing and the required appeal fee to the Saratoga City Clerk pursuant to Section 3-10.050
of the City Code. Failure to file with the City Clerk a written request for a hearing pursuant to
Section 3-10.050 of the City Code within-the-state-mandated-helelifig-pefiefla will forfeit all rights
of ownership and control of the animal to the City of Saratoga, notwithstanding any other appeal
period set forth in this Code. Upon such forfeiture, the Animal Control Officer shall determine the
final disposition of the impounded animal in accordance with the law.
(b) Request for hearing on other determinations pursuant to this Article. Any owner of an animal
that is the subject of an order or determination purst ant to *his rticle ther than th se described
mailing_a written request for a hearing within the time period required by Section 3 10.050 of the
City Code.
[Subsections (c) through (t shall be renumbered as (b) through (e) respectively.]
7-20.145 — Dangerous Dogs.
[No changes in subsections (a) and (b).]
(c) Registration and Tagging Requirement. Once the Dangerous Do's • • rmin . ion has
been made by the Animal Control Officer, the owner(s) shall be required to register such
dog with San Jose Animal Control Care & Services (SJACS) and SJACS shall issue a metal
tag identifying the dangerous dog. Each dog shall be required to wear the tag at all times.
(d) Notification Requirement. After a dan ' ero s do ' determination has been m . de I
the Animal Control Officer, a one-time notification shall be made to neighbors residing or
owning property within five hundred (500') of the boundaries of the properly at which the
dangerous dog is located.
(el) Dangerous dog maintenance requirements.
[No changes in subdivisions (1) through (5).]
(6) Behavior modification. Within thirty (30) days from the date of the Dangerous
Dog designation, the Ike owner of the dangerous dog shall register for and participate
in obedience training or other training or treatment by an animal behaviorist or
trainer that is pre -approved by the Animal Control Officer. No more than six (6)
months from the date of the Dangerous Dog designation, the owner of the dog shall
provide the Animal Control Officer with documentation of completion of such
training or treatment. An extension of up to six (6) months for completing the
training or treatment may be granted by the Animal Control Officer. be required to
consult with and retain an animal behaviorist or trainer to make reasonable effort to
2018 Annual Code Update - Page 9
[No changes in subdivision (7).]
(dd Requirement for inspection. The Animal Control Officer shall conduct annual home
inspections every six (6) months for the duration of the 36-month dangerous dog
designation, to determine compliance with the requirements for dangerous dog maintenance.
The inspection shall be subject to any fee for such inspection set forth in the schedule of fees
adopted by resolution of the City Council.
[Subsections (e) through (g) are renumbered (g) through (i) respectively.]
4. Repeal of Article 10-15 (Pipes, Drains and Conduits Along, Under or Across Streets)
10 15 Pipes, drains and conduits along, under or across street)
10 15.010 Permit required.
conduit along, under or across any street, road or highway in the City or make any excavation or
them idea if this nrticl
(b) The provisions of this Article shall apply to all public utilities, including, but net limited to,
10 15.020 Application for permit; deposit to performance of work.
(a) Any person or agency, whether public or private, desiring to construct or install any pipe,
drain or conduit along, under or across any street, road or highway in the City sly file an
time to time by resolution of the City Council.
amount which, in the opinion of the Director, will be sufficient to cover the total cost of the
contemplated work. Notwithstanding the foregoing, the Maintenance Director may, in his
discretion, waive the requirement of a bond, letter of credit or other security set forth herein where
the pipe, drain or conduit will be constructed or installed by a public agency or public utility
eetteratien7
10 15.030 Compliance with specifications.
Each pipe, drain or conduit along, under or across any street, road, or highway in the City shall be
constructed or installed and such street, road or highway shall be restored in the manner specified
2018 Annual Code Update - Page 10
in this Article. All such work shall be performed under the supervision and to the satisfaction of
the Maintenance Director.
10 15.010 Excavation requirements.
ex-eavated-has-beewfilleelreempaeted-anel-suffaeed-as-requir-efl-in-this-Artiele,
(b) No more trenches shall be opened than can be properly and completely backfille4 in one
otherwise a thefized by the Mai to a,,ee Director
(c) One traffic lane shall be kept open and in safe condition at all times. Adequate warning and
bo rese„t i,, the a e „hero . ork is being perf ...,..e.a Complete clos„ e of all traffic lanes may be
vv piv�, vrrc ,
(d) The Maintenance Director shall be supplied at all times with the names and telephone
can be reached for emergency work twenty four hours a day, seven days a week.
(e) Written permission from the Maintenance Director shall be required for excavations made
between November frst an MaFe frst
(f) The Maintenance Director shall be notified at least forty eight hours prior to the
City
10 15.050 Backfill requirements.
meeting the compaction requirements. Backfill shall be compacted in lifts of a thickness
designated by the Maintenance Director and dependent upon the type of sail and mechanical
feet of finished grade. A relative compaction of ninety five percent shall be required in the -top two
(b) No jetting shall be allowed within two feet of the surface. Untreated base material
conforming to the current State standard specifications, except as modified under the untreated
2018 Annual Code Update - Page 11
base requirements set forth in Section 10 15.070, shall be placed along the entire tr-ench section
with a thiekne of twelve ;nche
(c) The City reserves the right to make as many compaction tests as it deems necessary in order
,too- eet _v- paot;on feme ts The c: sts of such to ts sh ll be Lome by the po er f mai g
the excavation in, along and acro:t.; the highway. Prior to laying the armor coat or plant mix
surfacing pavement, as the case may be, a tack coat of SC 1 road oil shall be applied to the surface
of the Director.
Director. A power broom shall be used if so required by the Director.
10 15.060 Restoration of pavement.
cement concrete, asphaltic concrete, plant mix surfacing or oil macadam, such pavement shall be
restored to its condition as to line, grade, type and depth as existed prior to excavation. I4ot plant
mix surfacing pavement conforming to the current requirements of the State standard
Specifications may be substituted for existing asphaltic concrete, plant mix surfacing- or oil
macadam pavement. The type of plant mix surfacing shall be determined by the Maintenance
Director.
(b) When a satisfactory permanent rcpavcment of an excavation cannot be madc, the
Maintenance Director shall require a temporary pavement consisting of thirteen inches of
of existing pavement and sealed with asphaltic emulsion seal coat. The temporary type of
The tempora.., pavement shall the„ be removed to a minimum depth of three inches below the
existing surface, and the pavement replaced with three inches of hot plant mix surfacing, the
the excavated trench section. The extent of the fc thercd scction shall be determined by the
thickness, and where the existing importcd bast material cxcecds twelve inchcs in thickness, the
depth shall be restored in kind, with untr atcd base matcrial and hot plant mix surfacing. Existing
concrete pavement now exists.
(c) Roads and highways consisting of existing single and double seal coat or armor coat type of
screenings. Depending on weather conditions, two inchcs of cold plant mix surfacing may be
2018 Annual Code Update - Page 12
compaction meets the requirements of this Article.
pavement. If it is proved to the satisfaction of the Maintenance Director that it is not feasible or
twelve inches of compacted untreated base material, six inches of Class "A" concrete keyed five
inches outside the edge of the trench on each side and followed by three inches of het plant mix
surfacing and sealed with asphaltic emulsion seal coat. Excavations may be backfled with sand
10 15.070 Untreated base requirements.
Untreated base shall be placed in all trench excavations accessible to vehicular traffic. Untreated
nel ,v, gate shall c ply w:th the f lloy4 g sta.,dar,1s:.
(a) R Value 68 minimum
(b) Sand equivalent 30 minimum
-er-
passing 1t200 sieve, not to exceed 75 with a P.I. of 7.5 maximum.
10 15.080 Field inspections.
(a) Prior to the issuance of any permit under this Article, the Maintenance Director may conduct
such information as the Director may specify.
duct e : ections as he deems „ ,to
any-inspestion-reports-shall-he-paid-by-the-applisant7
10 15.090 Miscellaneous requirements.
(a) Property owners shall -be protected from any -damage -to property -and dust-nuis;ne .
hall he .,.,.,de ., .,il.able e deman of the Mainte,,
2018 Annual Code Update - Page 13
(b) No work shall be deemed completed until final written approval thereof is issued by the
Maintenance Director.
(c) The permittee shall indemnify, defend and hold the City and its officers, officials, boards,
actions, expenses or liabilities arising out of or in any manner relating to the excavation,
„struction o estorntio,, activity a nd„cted by the p rm ttee o aailure by the p .mitt,, to
V VaaJU HVLiVii Vi 1VU4V1li11V11 GL o
sem
r.ly . nth n ,, term o „ditionn fthe p rmit f thi Artinlo
(d) As a condition for the issuance and continuation of a permit, the permittee shall furnish to
the City, at the permittee's own cost and expense, a policy or policies of liability and other
e e e _s,.
„blip „tility n ratio„
(e) The Maintenance Director shall require the permittee to guaranty that all construction,
flomeeshi„ f n `.,a o f one , r from the date o f a" 1 l b tt, Cit
10 15.100 Correction of deficiencies; emergency.
(a) In the event of any failure by the permittcc to perform and complete all work in accordance
the provisions of this Article and any conditions as may be contained in the permit, such
City immediately upon demand. The Maintenance Director may resort to any security deposited
with the City pursuant to Subsection 10 15.020(b) for the payment of such costs.
(b) The Maintenance Director may, without prior notice to the permittee, perform any
emergency work requiring immediate attention which the permittee has failed or is unable to
complete. The costs of such work shall be the obligation of the permittee.
10 15.110 Removal or relocation of existing facilities.
pipe, drain or conduit is required, the person or agency, whether public or private, who owns or
expense to the City. Any such removal or relocation shall be subject to the permit and other
2018 Annual Code Update - Page 14
limiting the same, all drainage, flood control, sanitary, sanitation, sewer, public service a water
by the City.
(b) Within thirty days after written notice by the City to any person or agency required by this
Section to remove er relocate such facilities,
co defaulting, collectible in a civil suit in the name of the City.
5. Redraft of Article 10-20 - Encroachments on City Property
Article 10-20 - Encroachments
10-20.010 - Definitions.
For the purposes of this Article, the following words and phrases shall have the meaning
respectively ascribed to them in this Section:
(a) Encroachment means any excavation, structure, object or improvement of any kind or
character whatsoever, placed, erected or constructed, either in, under or over any public street,
including, without limiting the foregoing, any pipe, drain or conduit under or across any street,
road or highway, or any advertising sign or device on or extending over any part of a public
street.
(b) Public street means all or any part of the entire width of right of way of a public street in
the City or of any unaccepted street offered for dedication to the City, whether or not such entire
area is actually used or improved for street purposes.
(c) Person means any natural person or other entity with capaci to take • c i i n
recognized by law including, but not limited to, an a , • n blic utili firm as ' ci • tion
organization, partnership, trust, corporation or company.
10-20.020 - Unauthorized encroachments; declaration of public nuisance.
(a) No excavation or encroachment shall be created, erected, constructed, placed or permitted
to remain contrary to the provisions of this Article or any other provision of this Code. The
existence of any such encroachment is hereby declared to constitute a public nuisance.
(b) Any person causing, creating, erecting, constructing, placing or permitting an excavation or
encroachment contrary to the provisions of this Article or any other provision of this Code shall
be guilty of an infraction. Such person shall remove or abate the encroachment at his sole expense
2018 Annual Code Update - Page 15
within ten days after a notice er-eitatien from the City to do so. If the encroachment is not removed,
it may be removed or otherwise abated by the City in accordance with the procedures set forth in
Chapter 3 of this Code.
10-20.030 - Conformity with standards.
and specifications as established by the City Engineer.
10 20.010 Maintenance and repair.
Unless otherwise specifically set forth in the permit issued under this Article, each permitted
encroachment shall be kept in maintenance and repair by the permittee at his sole cost and -expense.
Upon the f ilure f the perrnittee t„ maintain or repair an encroachment after ten days' written
of the Maintenance Director, it is for the better interest of the City to maintain such encroachment
permittee's bond.
10 20.050 Permit required.
Except as provided in Section 10-20.00.60, no person shall do or cause to be done any of the
following acts without first obtaining a written permit therefor from the City:
(a) Make any opening or excavation for any purpose Causing, creating, erecting,
constructing, placing or permitting an encroachment on a public street.
(b) Place, erect or construct any encroachment in or on a public street.
(c) Permit the continuation thereof, perpetuate, change} or renew any encroachment presently
existing on a public street, which encroachment does not have a permit therefor in accord with the
terms of this Article or any other provision of this Code or other ordinance of the City requiring
permits..
10-20.01Q60 - Exceptions.
under this Article, shall instead be subject to the permit and other requirements of Article 10 15.
(b) No encroachment permit under this Article shall be required for any of the following:
(--I-)a The installation of aboveground utilities for electricity, telephone or cable television
service.
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(ma) The temporary storage of building equipment and materials, in conformity Article 16-15
of this Code. with the latest edition of the Uniform Building Code adopted by the City.
O c The planting or placing of lawns, plants, shrubs, trees, temporary fences and other
removable landscaping by the owner of the underlying fee within the unimproved portions of a
street right of way but to the rear of any curb and gutter. Such landscaping shall be at the risk of
the contiguous owner and shall be removed by such owner from such right of way upon ten days'
written notice from the City. Failure to so remove shall make the encroachment and the fuch
contiguous owner subject to the provisions of Section 10-20.020.
(4)1Encroachments shown on a subdivision or parcel map or building site plan which are
approved by the City Council as-part-of-the-final-map-or--final-building-site-approval.
10-20.00O - Authority to issue permits.
The Public Works Director City Engineer is authorized to issue encroachment permits pursuant
to this Article. Encroachment hermits are not a matter of riht but are a matter of race only.
10-20.06080 - Application for permit; fees. bonds.
(a) Application for an encroachment permit shall be filed with the Public Works Director City
Engineer, on such form as the Director he may prescribe.
by the payment of a filing fee in such amount as established from time to time by resolution of the
City Council.
(b) The application shall be accompanied by the payment of a filing in the amount
necessary for full recovery of the Citv's actual costs. inc1udini without limitation. City staff
time for processing, field markin ' en ' ineerin ' su mi .1 • ecifi i u ns sho i dra in ' s
and inspection. All permit fees must be paid prior to the issuance of any encroachment
permit. All applicable permit fees, including those for the issuance of a permit and for the
benefit of maintaining an encroachment in the public ri s ht-of-w . shall be es . i li h • d b
resolution of the City Council.
(b-)fsl As a condition for issuance of the permit, the applicant may be required to post a cash or
surety bond payable to the City, conditioned on the proper compliance with all of the terms of the
permit and this Article. The bond shall be in such amount as the Public Works Director City
Engineer deems sufficient to cover the cost to complete and maintain the encroachment or to
remove the same and restore the public right-of-way to its original condition, whichever cost is
greater.
(c) Encroachment permits are not a matter of right but are a matter of grace only.
10-20.070 - Additional conditions and requirements of permit.
(a) The Public Works Director shall require the permittee exercise reasonable care in all
work authorized under a permit, includin ' desi ' nin ' constructin ' main • nance
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operations, post -construction inspections, and best practices for stormwater management.
All permits shall provide that nearby property owners be protected from any damage to
property and dust nuisance.
(b) An encroachment permit may contain such additional conditions as in the opinion of
the Public Works Director appear reasonably necessary to insure proper installation,
completion and maintenance of the encroachment and the protection of the public health,
safety and welfare.
(c) The Public Works Director shall require the permittee to guaranty that all
construction, installation and restoration work performed under a permit shall be free of
defects in material or workmanship for a period of one year from the date of final approval
by the City. The Director may, at the Director's discretion, require that a fmal inspection be
made to insure the work was conducted in compliance with the terms of the permit.
10-20.08090 - Indemnification of City; liability.
(a) No encroachment permit shall be issued until the applicant has executed a written agreement
in form and content approved by the City Attorney to defend, indemnify and hold the City and
its officers, officials, boards, commissions, employees and volunteers harmless from and against
any and all claims, demands, actions, expenses or liabilities arising or resulting from the doing or
refraining from doing any act permitted by such permit, or the failure to comply with any terms or
conditions of such permit, or arising or resulting in any manner from the erection or construction
of such encroachment.
(b) As a condition for the issuance and continuation of an encroachment permit, the Public
Works Director will City Engineer may require the applicant to furnish, at the applicant's own
cost and expense, a policy of liability insurance providing coverage in accordance with the
applicable insurance standards of the City, as established from time to time by resolution of the
City Council. Such insurance coverage shall be maintained in full force and effect in accordance
with said insurance standards for as long as a the permit remains issued and outstanding.
Notwithstanding the foregoing, the Public Works Director may waive the liability insurance
requirement when the Director determines that the risks associated with the proposed
encroachment are negligible.
10-20.090 - Permit effective date; commencement of work; expiration of permit.
(a) The permittee must obtain all licenses and other permits and pay all required permit
fees before an encroachment permit is effective; this includes any approval required under
Chapter 15 of this Code.
(b) An encroachment permit is null and void if work pursuant to the permit is not
commenced within 180 days after the date the permit is issued. A permit may be extended or
renewed through the Public Works Director assuming there have been no material changes
in the circumstances in effect at the time the permit was issued.
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(c) Each permit shall specify its end date; permits that fail to do so shall have a default
duration of one year from the date of issuance. Each permit shall be null and void after that
date, or any extension thereof, unless a permit is terminated sooner by discontinuance of the
use or removal of the encroachment for which a permit was issued. This subsection does not
apply to permits for encroachments specified as continuing, which shall be considered to be
of indeterminate duration.
10-20.100 - Conformity with specifications and standards.
All encroachments shall be constructed and maintained to the standards and specifications
set forth in the permit.
10 20.100 Additional conditions of permit.
In addition to any conditions specifically required under the provisieic of this Article,
ofthe o aehme„t and the protect a ofthe public 1, 1t1. f ,1 lF
10-20.110 - Field Inspections.
(a) Prior to the issuance of an en ro • chm • n s ermi h • P Ili Works Director m
conduct a field inspection or require that a field inspection report be submitted by the
applicant containing such information as the Director may specify.
(b) Following issuance of an encroachment permit and during the course of the work and
following completion thereof, the Public Works Director may conduct or require the
permittee to conduct such inspections as the Director deems necessary or appropriate to
protect the public health, safety, and welfare.
(c) The cost of all field inspections performed b or on I h • if i f h • Ci and he
preparation of any inspection reports shall be paid by the applicant/permittee.
10 20.110 Revocation of permit; removal of encroachment.
(a) Encroachment permits are revocable licenses, and may be revoked at any time on ten days'
written notice from the City Engineer.
permittee.
10-20.120 - Correction of deficiencies; emergency.
(a) In the event of any failure by the permittee to perform and complete all work in
accordance with the plans and specifications in the encroachment permit, such deficiencies
shall be corrected within ten days after written notice from the Public Works Director to do
so. If all deficiencies are not corrected within ten days, or such additional period of time as
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may be granted by the Public Works Director in the Director's ole discretion. the City may
perform the corrective work, or cause the same to be performed, and all costs and expenses
as may be incurred in connection therewith shall be the obligation of the permittee and shall
be paid to the City immediately upon demand. The Director may resort to any security
deposited with the City pursuant to Subsection 10-20.060(c) for the payment of such costs.
(bl The Public Works Director may. without prior notice to the permittee. perform any
emergency work requiring immediate attention which the permittee has failed or is unable
to complete, including backfill and repaving work. The costs of such work shall be the
obligation of the permittee.
10-20.130 - Maintenance and repair.
Unless otherwise specifically set forth in the permit therefore, each encroachment shall be
kept in maintenance and repair by the permittee at the permittee's sole cost and expense.
Upon the failure of the permittee to maintain or repair an encroachment after ten days'
written notice to do so from the City, such permit shall automatically be revoked without
further notice, and the provisions of Section 10-20.020 shall be applicable thereto. If,
however, in the opinion of the Public Works Director, it is in the interest of the City to
maintain such encroachment rather than to remove or abate it, the cost of maintenance shall
be the responsibility of the permittee and a covered liability under the permittee's bond.
10-20.140 — Suspension or revocation of permit; removal or relocation of encroachment.
(a) Any permit issued pursuant to this Article may be suspended or revoked by the
Director of Public Works where it is found that:
(1) The permittee has violated an • rovi ion of this Article the encro • chment • ermit : n
other City permit, or any agreement entered into with the City related to a permit; or
(2) The permittee has failed to pay any required fees, or to post or maintain any bond or
insurance required by this Article; or
(3) The encroachment for which a permit was • r . nt • • : • • rsel affects the safe ca la i k
or integrity of the City's right-of-way; or
(4) A material misrepresentation was made in the application for a permit; or
(5) The relocation or removal of the encroachment is necessary to complete a City project.
(b) Upon revocation of an encroachment permit, the permittee shall remove such
encroachment at the permittee's sole expense, and all the provisions of Section 10-20.020
shall become applicable to the permittee.
6. Zoning Regulation Definitions
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15-06.261 - Fence.
"Fence" means any structural device forming a physical barrier by means of glass, wood,
masonry, metal, chain, brick, stake, plastic, concrete block, wrought iron, wire, or other similar
materials. A a wall, other than a wall of a building or a retaining wall, is considered a fence.
15-06.280 - Floor area.
"Floor area" means the total enclosed, habitable or accessible floor space of all floors of a
building where the interior height of the area is equal to or greater than five feet. The term
"enclosed," as used in this Section, means a structure or area with a roof and with three or more
walls, or an equivalent percentage of enclosure. The term "roof," as used in this Section, means a
covering of any solid material over at least seventy-five percent of the area.
Floor area is measured to the outside surfaces of exterior walls. In the case of a sloped ceiling or
ground surface, the floor area shall be measured to the point at which the interior height is less
than five feet.
Pursuant to the foregoing, floor area may include halls, stairways, elevator shafts, ducts, service
and mechanical equipment rooms, underfloor areas, porches, verandas and similar building
elements, garages, attics, crawl spaces and accessory structures. Floor area does not
include interior courts, which are areas surrounded on all sides by habitable space but which do
not have a roof, as defined in this Section.
15-06.725 — Winery.
"Winery" means a commercial agricultural facility primarily used for the fermenting and
processing of fruit juice into wine. Processing can include wholesale sales, crushing,
fermenting; blending, aging, storage, bottling, administrative office functions for the winery
and warehousing. Special events, retail sales and tasting rooms may be permitted as part of
the winery operations.
7. Conditional Uses Reference
15-12.030 — Conditional uses.
The following conditional uses may be allowed in the R-1 districts, upon the granting of a use
permit pursuant to Article 15-55 or Article 15 56 of this Chapter:
(a) Accessory structures and uses located on the same site as a conditional use.
(b) Community facilities.
(c) Institutional facilities.
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(d) Police and fire stations and other public buildings, structures and facilities.
(e) Religious and charitable institutions.
(f) Nursing homes and day care facilities, in excess of six persons being cared for at the
facility.
(g) Public utility and public service pumping stations, power stations, drainage ways and
structures, storage tanks and transmission lines.
(h) Recreational courts, to be used solely by persons resident on the site and their guests, where
the lot is located in an R-1 district that is combined with a P-C district or is part of a planned
residential development.
(i) Boarding stables and community stables, subject to the regulations prescribed in Section
7-20.220 of this Code.
(j) Model homes utilized in connection with the sale of new single-family dwellings in a
subdivision, located upon a lot within the same subdivision or, in the discretion of the Planning
Commission, upon a lot within another subdivision developed by the applicant, for such period of
time as determined by the Planning Commission, not to exceed an initial term of one year and not
exceeding a term of one year for each extension thereof.
(k) Cemeteries.
8. Agricultural Preserves
Article 15-15 AP/OS: AGRICULTURAL PRESERVES OPEN SPACE OVERLAY
DISTRICT
15-15.010 - Purposes of Article.
In addition to the objectives set forth in Section 15-05.020, the City establishes agricultural
preserves to/open space overlay district is included in the Zoning Ordinance to achieve the
following p
(a) Tosatisfy legal requirements with respect to the zoning classification designation of
land on which Williamson Act contracts may be executed and renewed, thereby encouraging and
preserving such contracts in accordance with the policies set forth in the General Plan.
(b) implement the open space element of the General Plan.
15-15.020 - Definitions.
In addition to the definitions set forth in Article 15-06, all of which are applicable to this Article,
the following definitions shall also apply to certain terms used herein:
(a) Williamson Act means the California Land Conservation Act of 1965, as set forth in
Chapter 7 (commencing with Section 51200) of Part 1, Division 1, Title 5 of the Government
Code.
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(b) Williamson Act contract means an agreement between the City and the landowner
executed pursuant to the Williamson Act and the rules and regulations adopted by the City for the
conduct of proceedings thereunder.
(c) Agricultural preserve means a parcel or area of land that is (1) devoted to either
agricultural use, recreational use, open space use or any combination of such uses, as defined in
Section 51201 of the Williamson Act and (2) designated by the City Council in accordance
with the City's Procedures for Initiating, Filing and Processing Requests to Establish
Agricultural Preserves.
(d) Open space means a parcel or area of land which is essentially unimproved and devoted
to open space, as defined in Section 65560(b) of the Government Code.
(e)
by this Article.
(f) Underlying zoning means the zoning classification of a parcel or area of land in an
agricultural preserve the absence of the AP/OS overlay district.
15-15.030 Establishment of AP/OS overlay district.
designated "AP/OS Overlay" on the overlay zoning map approved as part of this Article
being subject to Williamson Act contracts as of the effective date of this Article.
15 15.010 Permitted uses.
Each parcel or area of land designated as an agricultural preserve
district shall be used only for the purposes expressly permitted under the terms of the Williamson
Act contract applicable to such land.
15-15.050040 - Termination of agricultural preserve overlay.
Upon the effective date of any expiration or termination of a Williamson Act contract covering
any parcel or area of land designated as an agricultural preserve within the APIOS overlay
district, such land shall automatically be terminated as an agricultural preserve removed from
the AP/OS overlay district and shall thereafter be regulated classified solely according to the
underlying zoning for such land. Nothing herein shall prevent the subsequent execution of a new
Williamson Act contract pertaining to such land, in which event the land shall again be designated
as an agricultural preserve included within the AP/OS overlay district.
15-15.060050 - Status of existing Williamson Act contracts.
This Article shall not constitute or be interpreted as causing any alteration, amendment or
impairment of any Williamson Act contract which has not expired or been terminated as of the
effective date of this Article, and all such contracts are hereby ratified, acknowledged and
confirmed by the City and declared to be in full force and effect.
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In addition, amend section 15-10.010 as follows:
15-10.010 - Designation of districts.
The districts established by this Chapter are depicted on the Zoning Map and are described as follows:
(a) A: Agricultural district.
(b) R-1: Single-family residential districts, consisting of:
R-1-40,000 district
R-1-20,000 district
R-1-15,000 district
R-1-12,500 district
R-1-10,000 district
(c) HR: Hillside residential district.
(d) R-OS: Residential open space district.
(e) AP/OS: Agricultural preserve/open space overlay district.
[No changes in the remainder of the section except that (f) through (m) are redesignated as (e)
through (l) respectively.]
9. Fence Regulation Restrictions
15-29.010 - Height restrictions.
(a) General regulations. A building permit shall be required for any solid fence more than six
feet in height. 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 15 29.080 15.29.090, 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.
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[No changes in subsections (b) through WI
(k) Swimming pool fences. Fences required for swimming pools are governed by the
California Building Code City Code Sections 16 75 010 and City Code Section 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
10. Tree Regulations
15-50.020 - 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:
[No changes in subsections (a) through (o).]
(p) Native tree means C-coast Llive mgak (Quercus agrifolia), ¥yalley Oak (Quercus
lobata), Tan Oak tanoak (Lithocarpu., Notholithocarpus densiflorus), Bblack Soak (Quercus
kelloggii), gblue Qoak (Quercus douglasii), Scrub mgak (Quercus dumosa), Bbig bleat'
Mmaple (Acer macrophylhlum), California gbuckeye (Aesculus californica), Douglas fir
(Pseudotsuga menziesii) and C-coast Rredwood (Sequoia sempervirens).
[No changes in subsections (q) through (cc).]
11. Construction Debris Recycling
17-05.010 - Greenhouse gas reduction policies.
The list below provides a reference to Sections of the City of Saratoga Municipal Code seeking
to reduce emissions of greenhouse gases, together with a brief description of each Section.
Nothing in this section shall change the meaning of the code sections summarized below and the
full text of each section shall apply regardless of the summary below.
[No changes in subsections (a) through (q).]
(r) 16 72 CALGreen sections 4.408, 5.408, 301.1.1, and 301.3 Construction and demolition
debris. Requires a recycling plan for construction and demolition debris for new buildings,
residential additions or alterations that increase the buildings area, volume, or size, and
non-residential additions and alterations that require a permit. project with more tha two
thousand five hundred square feet of floor space. Plans must divert at least sixty-five fifty
percent of waste from landfills, and are documented, approved, and overseen by City staff.
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[No changes to subsection (s).]
1055723.7
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