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HomeMy WebLinkAboutOrdinance 283 ORDINANCE NO. 283 AN ORDINANCE AMENDING ARTICLE 11 -05 OF THE SARATOGA MUNICIPAL CODE RELATED TO USE OF CITY PARKS Findings 1. The City of Saratoga wishes to update and clarify standards for use of City parks to (1) provide uniform standards for alcohol use in City parks, (2) reduce from 25 to 12 the number of persons in a group that triggers the requirement for a special permit, and (3) replace outdated terminology. 2. The Parks and Recreation Commission of the City of Saratoga considered proposed amendments to the City Code concerning use of City parks and following a duly noticed public hearing on March 8, 2011 recommended adoption of this ordinance. 3. The City Council of the City of Saratoga held a duly noticed public hearing on April 20, 2010 and after considering all testimony and written materials provided in connection with that hearing introduced and adopted this ordinance. Therefore, the City Council hereby ordains as follows: Section 1. Adoption. Sections .050, .051, and .052 of Article 11 -05 of the Saratoga City Code are amended as shown below. Text to be inserted is shown in double underlined bold font (example) and text to be deleted is shown in strikethrough font (example). 11- 05.050 - Acts prohibited except with special permit. No person shall do any of the following acts within the limits of any park in the City except upon the issuance of a special permit thcrcfor for such act(s) pursuant to Article 11 -10, and only so long as such permit remains in full force and effect and the permittee has complied with all conditions set forth therein: (a) The use or occupation of any park or area thereof by any publicly advertised assemblage or by any group of persons twenty-five twelve or more in number. (b) The right to the exclusive use or occupation of any park or area thereof by any person or group of persons, regardless of number. (c) Amplified sound exceeding twenty -five watts of total output from all channels of equipment and-used there€or -in any park or area thereof. (d) Hawking, vending, peddling, selling, soliciting the sale of or offering for sale any food, drink, goods, wares, merchandise or services of any kind, or advertisement of the same, in any park or area thereof. (e) The consumption, exhibition, or possession of any alcoholic beverage other than beer or wine with an alcohol content of fifteen (15) percent or less. • special-- permit. . •.. . . . , . .. - ., •. •. the arca of the park so dcsignatcd by the group use permit. .. • - - = - - - - • - cction (a) of this Section shall not apply to any day • - -- - - •- • :rmal action of thc City, the State or thc federal government. • . • . • . . . -, . . , - -•:• . .. - ., . . . - . .. - - - Article 11 10. 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. These amendments concerning park use are categorically exempt from the California Environmental Quality Act (CEQA) pursuant to the Guidelines for Implementation of CEQA (14 Cal Code §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 minor amendments are clarifying only and would have a de minimis impact on the environment Section 4. 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 first reading waived at the regular meeting of the City Council of the City of Saratoga held on April 20, 2011, and was adopted by the following vote following a second reading on May 4, 2011: AYES: Councilmember Manny Cappello, Emily Lo, Jill Hunter, Vice Mayor Chuck Page, Mayor Howard Miller NAYS: None ABSENT: None ABSTAIN: None ATTEST: SIGNED: / I ratlatae Ann ullivan, Howard A. Miller, CLERK OF THE CITY OF SARATOGA MAYOR OF THE CITY OF SARATOGA DATE: APPROVED AS TO FORM: Richard Taylor, CITY ATTORNEY PROOF OF PUBLICATION Filing Stamp (2015.5 C.C.P.) PROOF OF PUBLICATION State of California County of Santa Clara I am a citizen of the United States and a resident of the County aforesaid: I am over the age of 18 years, and not party to or interested in the above entitled matter. I am the principal clerk of the printer : Saratoga News 1095 The Alameda, San Jose, CA a = newspaper of general circulation in the City of Saratoga, CA, printed in the = = City of San Jose, CA County of Santa O t± ary T Clara, and which newspaper has been - adjudged a newspaper of general GROUPS circulation by the Superior Court of the u comonly. swam. County of Santa Clara, State of n the ocdrnnoce We ire 9 California, Case number 3281 48, dated June 2, 1975 that the notice of ..� which the annexed is a printed copy in type not smaller than nonpareil has been published in each regular , ion of and entire issue of said newspaper , in alt T he or- and not in any supplement thereof on °i + ,ter, the following dates, to wit:. v\ 1� At r1 1 certify ( o declare) under penalty of that the foregoing is true and correct. Dated: W\ 1 4 1 1 .(t San Jose, Caliis L. • tAtii Kathleen Wrightson