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HomeMy WebLinkAboutOrdinance 265Section 1. Findings. ORDINANCE No. 265 AN ORDINANCE ADOPTING AND AMENDING THE STATE OF CALIFORNIA'S RECOMMENDED WILDLAND -URBAN INTERFACE FIRE AREA MAP TO REPLACE THE CITY'S EXISTING HAZARDOUS FIRE AREA MAP, MAKING CONFORMING AMENDMENTS TO THE CITY CODE, AND ESTABLISHING SUPPLEMENTAL ENFORCEMENT PROCEDURES FOR THE EARLY WARNING ALARM SYSTEM REQUIREMENTS OF THE CITY CODE. THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS: The City Council finds and declares as follows: A. On April 1, 2009, the City Council conducted a duly noticed public hearing at which all interested persons had an opportunity to be heard to consider the adoption of new (1) very high fire hazard severity zones for the City of Saratoga in accordance with California Government code sections 51175 through 51189 and (2) procedures for enforcement of the City's early warning alarm system requirements. B. California Government Code sections 51175 through 51189 require the City of Saratoga to designate by ordinance very high fire hazard severity zones within its jurisdiction after receiving recommendations from the Director of Forestry and Fire Protection. C. California Government Code Section 51189(c) allows local agencies to make amendments to the recommended very high fire hazard severity zones based on substantial evidence regarding local conditions. D. The City of Saratoga has previously adopted a Hazardous Fire Area Map (the "City Fire Map designating hazardous fire areas. All new single family dwellings, commercial structures and community facilities within those designated hazardous fire areas are required to install an early warning fire alarm system. All existing single family dwellings, commercial structures and community facilities within those designated hazardous fire areas which are expanded by fifty percent or more in floor area are also required to install an early warning fire alarm system. In addition, the installation of an early warning fire alarm system may be required when existing commercial structures or community facilities of any size located with those designated hazardous fire area are remodeled or their use is changed. E. The City of Saratoga's Wildland -Urban Interface Fire Area is defined as all areas within the City designated as hazardous fire areas on the City Fire Map. All new buildings and all existing buildings modified to increase the gross floor area (with 1 Ordinance No. 265 exceptions for new non habitable structures accessory to single family residences that have a gross floor area of 500 square feet or less and for one -time additions to existing buildings made after January 1, 2008 that do not exceed 500 square feet in gross floor area) located in the City's Wildland -Urban Interface Area are required to provide automatic sprinkler systems. F. Based on evidence supplied by the Saratoga Fire Protection District and the Santa Clara County Fire Department, the City Council hereby makes the following findings supporting the inclusion in the new Wildland -Urban Interface Fire Area Map of areas which were not identified as very high fire hazard severity zones by the State but which are identified as hazardous fire areas on the City Fire Map. 1. The City of Saratoga experiences low humidity, high winds and warm temperatures during the summer months which creates conditions particularly conducive to the ignition and spread of grass, brush and structure fires in the areas identified on the City Fire Map. In addition, the presence of heavy vegetation in those areas increases the potential for the rapid spread of any fire which may start, particularly during seasonal dry spells. 2. The areas identified on the City Fire Map are within or immediately adjacent to hillsides where fires would be difficult for emergency responders to access and control or prevent from spreading to surrounding structures or wildland areas. 3. These exceptionally hazardous conditions, potential response delays and compromised fire suppression capabilities cumulatively mandate the inclusion of these areas in the new Wildland -Urban Interface Fire Area Map. G. The existing City Code requires, under various circumstances specified in the Code, installation and continued operation of an early warning alarm system. This ordinance would ensure effective operation of the system on a citywide basis by delegating to the City's Fire Districts the authority to enforce the alarm system requirements and by establishing an appeal procedure for those enforcement proceedings. H. The existing City Code prescribes the method of use, properties, performance, or types of materials used in the construction, alteration, improvement, repair, or rehabilitation of a building, structure, factory -built housing, or other improvement to real property, including fixtures, architectural and design functions in areas subject to the City Fire Map. This ordinance amends the City Fire Map but does not amend the existing prescriptions. I. The ordinance governs buildings standards in the City of Saratoga. It does not 2 Ordinance No. 265 modify the boundaries of any established zoning district, or impose, remove or modify any regulations concerning the use of buildings, structures, and land as between industry, business, residences, open space, including agriculture, recreation, enjoyment of scenic beauty, use of natural resources, or any other purposes. It does not impose, remove or modify any regulations concerning signs and billboards; the location, height, bulk, number of stories, and size of buildings or structures; the size and use of lots, yards, courts, or other open spaces; the percentage of a lot which may be occupied by a building or structure; the intensity of land use; requirements for offstreet parking and loading; the establishment and maintenance of building setback lines; or the creation of civic districts around civic centers, public parks, public buildings, or public grounds. Section 2. Adoption. A. Map Adoption. The Wildland -Urban Interface Fire Area Map, identified as Exhibit "A," attached hereto and incorporated herein by this reference, is herby designated as the map delineating very high fire hazard severity zones for the City of Saratoga. A copy of this map, properly attested, shall be maintained in the Office of the city Clerk of the City of Saratoga. B. Code Amendment. The Saratoga City Code is amended to read as follows. Any text inserted by this amendment is indicated in bold, double underlined font (example); any text deleted by this ordinance is indicated in strikeout font (example); text in standard font is unchanged by this ordinance. 1. Article 14- 25.110 of the Saratoga City Code is amended as follows: 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 hazardous fire arcs 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 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 3 Ordinance No. 265 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 arcs 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 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 of the following cases: (1) All new single family dwellings, commercial structures and community facilities located within the Wildland -Urban Interface Fire Area designated hazardous firo ar (2) Any existing single family dwelling, commercial structure or community facility which is expanded by fifty percent or more in floor area 4 Ordinance No. 265 and is located within the Wildland -Urban Interface Fire Area designated hazardous fire arm. (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, 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. (c) Discretionary requirement for certain existing 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 Wildland -Urban Interface Fire Area designated hazardous fire ar a, 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 tentative map approval 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. (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 5 Ordinance No. 265 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 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. 2. Article 15- 80.090 of the Saratoga City Code is amended to read as follows: 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 hazardous 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 6 Ordinance No. 265 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 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 hazardous 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 Wildla d -U nrban Interface Fire Area h f a (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 7 Ordinance No. 265 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. (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. (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 8 Ordinance No. 265 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. 3. Article 16- 20.100 of the Saratoga City Code is amended to read as follows: 16- 20.100 Amendments to Chapter 9 of the Fire Code; Fire Protection Systems. (a) As noted in Section 16- 15.070 of the Saratoga Municipal Code, modifications made in this Section also apply to and amend Chapter 9 "Fire Protection Systems of the Building Code. (b) Subsection 903.2 of the Fire Code is amended to read as follows: 903.2 Where Required. Approved automatic sprinkler systems in new buildings and structures and in existing modified buildings and structures, shall be provided in the locations, described in this section. Automatic fire sprinklers shall be installed per the requirements set forth in Sections 903.2.1 through 903.2.13 and as follows, whichever is the more restrictive: 1. An automatic sprinkler system shall be provided throughout all new buildings that have a gross floor area in excess of 3,600 square feet or that are three (3) or more stories in height. 2. An automatic sprinkler system shall be provided throughout all existing buildings when any of the following occur: buildings larger than 3,600 square feet are expanded; modifications are made that increase the gross floor area to more than 3,600 square feet; or the number of stories is increased to three (3) or more. EXCEPTION: One -time additions made after 01/01/2008 that do not exceed 500 square feet in gross floor area. 3. An automatic sprinkler system shall be provided throughout all new buildings located in the designated Wildland -Urban Interface Fire Aareas. 9 Ordinance No. 265 or less. EXCEPTION: Any non habitable structures accessory to single family residences that have a gross floor area of 500 square feet 4. An automatic sprinkler system shall be provided throughout all existing buildings located in the designated Wildland -Urban Interface Fire Aareas when modifications are made that increase the gross floor area. EXCEPTION: One -time additions to existing buildings made after 01/01/2008 that do not exceed 500 square feet in gross floor area. (c) Subsection 903.2.18 is added to the Fire Code to read as follows: 903.2.18 Group U. Garage Sprinklers. In each of the following cases, a garage for the parking of motor vehicles shall be equipped with an automatic sprinkler system: 1. Any newly constructed attached or detached garage. 2. Any existing garage that constitutes a portion of an existing dwelling which is altered, added to, or expanded so as to increase the floor space under roof by fifty percent or more of the amount of floor space under roof immediately prior to such alteration, repair, addition, or expansion. For the purposes of this paragraph, any alteration, repair, addition or expansion shall be considered as equaling or exceeding the above 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 addition of less than fifty percent of increased floor space, but which when combined with other expansions during said five year period of time, increased the amount of floor space under roof by fifty percent or more of that amount which existed immediately prior to the commencement of the first of the several alterations, repairs, additions or expansions. 3. Any existing garage which is altered, added to, or expanded so as to increase the size of such garage by either 200 or more square feet or thirty -three or more percent of the original size, whichever is less. The area of a garage shall include all contiguous areas within 10 Ordinance No. 265 the structure utilized for workshop or storage purposes which are not constructed as habitable space in accordance with the requirements of this Code, whether or not such contiguous areas are designed or utilized for the storage of motor vehicles. Any automatic sprinkler system installed pursuant to this Section shall comply with the standards set forth in National Fire Protection Association Document 13D. All garage sprinkler systems installed pursuant to this Section shall be equipped with water flow switches that are connected to audible warning devices of sufficient number and adequately located within the dwelling so as to cause, when activated, a level of audibility of not less than fifteen decibels above ambient noise levels measured four feet above the floor with bedroom doors closed. If the dwelling serviced by the garage in which a sprinkler system is being installed is required to be equipped with an early warning fire alarm system pursuant to Chapter 16, Article 16 -60 of the Saratoga Municipal Code, the water flow switches referred to herein shall also be connected to the digital alarm communicator transmitter or the fire alarm control panel described in Section 16- 60.020 of said Code. However, if the dwelling serviced by the garage is not equipped with such early warning fire alarm system, the water flow switches shall be connected to an outside audible alarm that will cause, when activated, a level of audibility at the property line nearest to the alarm of not less than fifteen decibels above the ambient noise level at such property line. The provisions contained herein shall apply to both attached and detached garages. (d) Subsection 903.3 of the Fire Code is amended to read as follows: 903.3 Installation requirements. Automatic sprinkler systems shall be designed and installed in accordance with Sections 903.3.1 through 903.3.7 and Fire Department Standards. 4. Article 16- 20.170 of the Saratoga City Code is amended to read as follows: 16- 20.170(a) Amendments to Chapter 47 of the Fire Code; Requirements for Wildland -Urban Interface Plans. (a) The definition of Wildand -Urban Interface Fire Area in Section 4702 of the Fire Code is amended to read as follows: 11 Ordinance No. 265 The Wildland -Urban Interface Fire Area is a geographical area identified by the state as a "very high fire hazard severity zone High Firc Hazard Severity Zone" in accordance with Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires. See Article 86B for the applicable referenced sections of the Government Code and the Public Resources Code. The Wildland Urban Interface Fire Area shall be defined as all areas within the City of Saratoga designated as very high fire hazard severity zones hazardous firo areas on the City of Saratoga's Wildland -Urban Interface Fire Area Map Hazardous Fire Area Map. The Wildland -Urban Interface Fire Area Map Hazardous Firc Ar a map, properly attested, shall be on file in the Office of the City Clerk of the City of Saratoga. 5. Article 16- 60.010 of the Saratoga City Code is amended to read as follows: 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 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 hazardous fire area. (3) All new single family dwellings, commercial structures and community facilities having a floor area in excess of five thousand square feet. 12 Ordinance No. 265 (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 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 community facility which is remodeled or the use thereof is changed, and such commercial structure or community facility either: (i) has a floor area in excess of five thousand square feet, or (ii) regardless of size, is located within the designated Wildland -Urban Interface Fire Area hazardous 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. d. The principal use involves the care or supervision of building occupants. 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 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 13 Ordinance No. 265 that amount which existed immediately prior to the commencement of the first of the several expansions. 6. Article 16- 60.070 is added to the Saratoga City Code to read as follows: 16- 60.070 Violations; Delegation of Enforcement Authority La) Any violation of this Article shall constitute an infraction and a public nuisance for which penalties may be imposed and other relief sought as provided in Chapter 3 of this Code. As a separate or cumulative remedy, a Notice of Code Violation may also be recorded pertaining to such violation, in accordance with the provisions of Section 16- 60.080. (b) In addition to any other persons having enforcement authority, the Chief of the Fire District having jurisdiction over the property on which an early warning alarm system is installed, or the Fire Chief's designated representative, shall have authority to enforce the provisions of this Article. 7. Article 16- 60.080 is added to the Saratoga City Code to read as follows: 16 -60 -080 Recorded Notice of Code Violation La) Whenever the Chief of the Fire District having jurisdiction over the property on which an early warning alarm system is installed, or the Fire Chief's designated representative "Fire Chief') has knowledge of a violation of any provision of this Article, the Fire Chief may give written notice of such violation to the owner of the property on which the early warning fire alarm system has been installed. Violations may include failure to install, operate, or maintain the alarm system in accordance with the applicable standards and requirements adopted by the Saratoga Fire District, or failure to connect the alarm system to a monitoring station as specified by the Saratoga Fire District. Such notice shall be mailed to person and address as shown on the records of the Fire District, or if such record does not exist or is known to be inaccurate, to the person and address as shown on the latest available County assessment roll or as otherwise known to the Fire Chief. (b) If the property owner fails to correct the violation within the time specified in the notice, or such additional time as may be granted by the Fire Chief, a further written notice may be given of the Fire Chief's intention to record a Notice of Code Violation in the office of the County Recorder. The notice of intent shall describe the nature of the violation and inform the owner that a Notice of Code Violation will be recorded unless a hearing before the Board of Fire Commissioners of the Saratoga Fire District is requested by the owner within twenty days from the date of the notice. 14 Ordinance No. 265 (c_) In the event a hearing is not requested and the violation has not been corrected or in the event that after the conduct of a hearin b the Board of Fire Commissioners of the Saratoga Fire District, and consideration of all evidence presented thereat by the owner, the Board determines that a violation of this Article in fact exists, the Fire Chief may record a Notice of Code Violation in the office of the County Recorder. (d) At the request of the affected property owner or other interested person and upon determination by the Fire Chief that the violation described in the Notice has been fully corrected and no longer exists, the Fire Chief shall furnish to the owner or other interested person a notice of expungement of the previously recorded Notice of Code Violation. The recording of a Notice of Code Violation pursuant to this Section shall be in addition to any other rights, remedies or actions available to the Fire District by reason of the same violation as described in the notice. Section 3. CEQA Compliance. The ordinance is Categorically Exempt from the Environmental Quality Act (CEQA) pursuant to Section 15061(3) because it is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Here it can be seen with certainty that there is no possibility the activity in question may have a significant effect on the environment and therefore the activity is not subject to CEQA. Section 4. 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, sentence, clause and phrase of this ordinance. If any section, sub- section, paragraph, sub paragraph, sentence, clause and phrase are 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 5. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 1st day of April, 2009, and was adopted by the following vote following a second reading on the 15th day of April, 2009. 15 Ordinance No. 265 the environment and therefore the activity is not subject to CEQA. Section 4. 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, sentence, clause and phrase of this ordinance. If any section, sub section, paragraph, sub paragraph, sentence, clause and phrase are 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 5. Publication. This ordinance or a comprehensive summary thereof shall be published in a newspaper of general circulation of the City of Saratoga within fifteen days after its adoption. The foregoing ordinance was introduced and read at the regular meeting of the City Council of the City of Saratoga held on the 1st day of April, 2009, and was adopted by the following vote following a second reading on the 15th day of April, 2009. AYES: Councilmember Susie Nagpal, Howard Miller, Jill Hunter, Vice Mayor Kathleen King, Mayor Chuck Page NAYS: None ABSENT: None ABSTAIN: None ATTEST: APPROVED AS TO FORM: RICHARD TAYLOR, CITY ATTORNEY MAYOR: Sullivan CLERK OF THE CITY OF SARATOGA MAYOR OF THE CITY OF ARA OGA Saratoga, California Chuck Page 15 Ordinance No 265 poril 11 City of Saratoga Very High Fire Hazard Severit_y„Zones L oc Local-Responsible Area Saratoga's Wildland -Urban Interface i NtticiClifil SUM i4.4n$0..7011111:11:: Saw mmen \Verna. Nei Nib O rte, al Palm ti 11. ma....... gm gar wow.... •1 11111 1 •Mir '4 :A :I 4 it i t :t z j ir :a l:, 6 :11 1 f Littg latt Il Imp; Nigro 14,41re4PrIMPONTIMa-ari—IP ip:7 a ♦t au I _v City of Saratoga Designated Hazardous Fire Area Early Warning Alarm System tip it. 4 Legend Hazardous Fire Area Saratoga City limit For use in administering Early Warning Alarm System Requirements per Saratoga City Code Sections 14- 25.110, 15- 80.090 and 16 -60 -010 et seq. 0 0.25 05 1.5 Copyright 2006 County of Santa Clara, All Rights Reserved 2 Miles