HomeMy WebLinkAboutOrdinance 389 Fire Hazard Zone Appeal ProcessORDINANCE NO.389
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING SECTION 16-05.020 OF THE SARATOGA MUNICIPAL CODE
RELATING TO APPEALS OF DETERMINATIONS PURSUANT TO STATE
REGULATIONS CONCERNING DEVELOPMENT IN VERY HIGH FIRE HAZARD
ZONES
IN CONSIDERATION OF THE FOLLOWING:
1. The State of California's Public Resources Code 4290 requires the California Department
of Forestry and Fire Protection to adopt fire safety regulations applicable to development in
areas designated as very high fire hazard severity zones. These "State Minimum Fire Safe
Regulations" are set forth in in Title 14, California Code of Regulations, Section 1270.00 et
seq.
2. Local governments considering development applications subject to the State Minimum
Fire Safe Regulations are required to refer those applications to CalFire or its designee for
review and must condition approval of the project on compliance with any
recommendations made pursuant to that review.
3. An applicant objecting to one or more recommendations made in the review process may
request an exception from the regulations. If that exception request is denied, the applicant
may appeal to the local government acting on the development application.
4. This ordinance would establish a process to hear appeals from determinations made
pursuant to the CalFire Regulations.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES
ORDAIN AS FOLLOWS:
Section 1. Adoption.
Section 16-05.020 of the Saratoga Municipal Code is amended as set forth below. Text in bold
italics (example) is added, and text in strikethrough (ewe) is deleted.
16-05.020 - Building appeals Appeals.
(a) The City Council shall hear and act upon appeals from determinations by City building
officials concerning the suitability of alternate materials and methods of construction and
questions of interpretation arising under the Uniform Building Code, the Uniform
Mechanical Code, the Uniform Electrical Code, the Uniform Plumbing Code and the
Uniform Fire Code, as these codes may be amended from time to time, and shall act as the
Housing Appeals Board and the Local Appeals Board as those terms are used in Health
and Safety Code Sections 19720.5 and 19720.6.
Ordinance No. 389
Page 2
(b) Notwithstanding subsection (a), any appeal of a determination made pursuant to
regulations adopted pursuant to Public Resources Code section 4290 (concerning
development in areas designated as very high fire hazard severity zones) shall be heard
by the Fire Safe Review Officer. The Fire Safe Review Officer shall be designated by the
Building Official and shall be certified by the National Fire Protection Association as a
Certified Fire Protection Specialist. The process for consideration of appeals shall be as
set forth in sections 3-10.050 and 3-10.070 of this Code (concerning appeals of code
enforcement decisions) and shall comply with all applicable laws. All references therein
to a violation, are, for the purposes of this subsection, references to the determination
made pursuant to the regulations referenced above. The statements of the nature of the
appeal and the relief sought shall set forth the legal and factual basis for the appeal and
be accompanied by a report from a professional certified by the National Fire Protection
Association as a Certified Fire Protection Specialist supporting the statements.
However, no report submitted by an applicant for development may be prepared by the
Fire Safe Review Officer. Any deadline for action by the Fire Safe Review Officer shall
be extended for the period necessary to conduct any consultations with other agencies
required by law.
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 establishing an appeal process 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.
[Continued on next page.]
Ordinance No. 389
Page 3
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 March 2, 2022 and was adopted by the
following vote on March 16, 2022.
AYES: Council Members Bernald, Kumar, Zhao, Vice Mayor Fitzsimmons, Mayor
Walia
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
Tina is
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
DATE: Z ,,-2 l— --
Britt Avrit, MMC
CITY CLERK
APPROVED AS TO FORM:
DATE: S
Richard Taylor
CITY ATTORNEY
1469644.2