HomeMy WebLinkAboutOrdinance 320 amending Chapters 2,3,10.14.15.16 in City Code ORDINANCE NO.320
AN ORDINANCE AMENDING CHAPTERS 2,3, 10, 14, 15 AND 16
OF THE SARATOGA CITY CODE
THE CITY COUNCIL OF THE CITY OF SARATOGA HEREBY ORDAINS AS FOLLOWS:
Findings
1. The City of Saratoga wishes to amend certain sections of the City Code in order to remedy
internal ambiguities, clarify existing requirements, codify staff interpretations, omit
redundant terms and provisions,and amend grammatical and other errors.
2. Certain updates in this ordinance affect provisions of the City's zoning regulations in
Chapter 15 of the Code. These amendments were considered by the Planning Commission
of the City of Saratoga after a duly noticed public hearing on September 10, 2014, the
Planning Commission recommended adoption of the updates to Chapter 15.
3. The City Council of the City of Saratoga held a duly noticed public hearing on October 15,
2014,and after considering all testimony and written materials provided in connection with
that hearing introduced this ordinance and waived the reading thereof.
Therefore, the City Council hereby amends the City Code as follows:
Section 1. Adoption.
The Saratoga City Code is amended as set forth below. Text to be added is indicated in bold double-
underlined font(e.g.,bold double-underlined)and text to be deleted is indicated in strikeout font(e.g.,
strikee . Text in standard font is readopted by this ordinance. Text in italics (e.g., italics) is
descriptive only and is not part of the amendments to the City Code.
A. Amendments to Chapter 2
1. Amendments to Article 2-05—City Seal
2-05.040 Citv Seal
(a) The City Seal shall be as adopted by resolution of the City Council. The City Council
may also adopt one or more City logos. The City Seal and logos may be altered pursuant to
resolution of the City Council. Copies of the City Seal and logos shall be kept on file in the
office of the City Clerk.
(b) The City Seal and City logos shall only be used for the official business of the Citv of
Saratoga except upon approval of the City Council by ordinance or resolution. Except as
provided for in this Section,no person,other than the City of Saratoga, shall reproduce,use,
give away, sell, or distribute any seal or logo, or facsimile thereof, purporting to be or
represented to be the City Seal or City Logo of the City of Saratoga. The City Manager or
his/her designee is empowered to authorize the use of the City Seal or a logo on items that are
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offered for sale by the City for the purpose of promoting the City.Only those items bearing the
City Seal or logo that have been authorized by the City Manager or his/her designee pursuant
to this provision may be offered for sale by the City of Saratoga.
(c) Penalty.Any person violating this chapter shall be guilty of an infraction.A violation of
this chapter may be prosecuted by City authorities in the name of the people of the State of
California or redressed by civil action.A violation shall be punishable for a first conviction by
a fine of not more than one hundred dollars, for a second conviction within a period of one
year by a fine of not more than five hundred dollars, and for a third or any subseauen
conviction within a period of one year by a fine of not more than one thousand dollars. The
City reserves the right to take any other legal action it finds appropriate to enforce this
Section.
2. Amendments to Article 2-10—City Council
a. City Council Meetings
2-10.010 Regular meetings.
The regular meetings of the City Council shall be held on the first and third Wednesdays of each
month unless such day is a holiday,in which case the meeting may be held on such business day as
designated by the 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. and The place shall be at City Hall in the Saratoga City Council
Chambers at 13777 Fruityale 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 upon announeement of stieh eaneella at a the regular or special meeting preceding
the meeting to be rescheduled or cancelled.
b. Agendas
2-10.020 Agendas; submitting matters not included on agenda.
(a) The City Clerk shall prepare an agenda of all matters to be submitted to the City Council at
its regular meeting and shall furnish each member of the City Council,the City Manager,the City
Attorney and each department head with a copy of the same prior to the Council meeting.The City
Council shall, by resolution, establish pr-eeedur-es and time r-equir-ements for- delivery to the Git�,
its shall be farnished to eaeh department head and eonspietteusly posted within Gity4lall
i-Ac-Atin-4fis observable b. members ers o f the p b,l i
(bl ) Exeept other-wiseasprovide in shire i iele,a at4er not inelude.'l.:,,-,the.,go,,d may not be
presented to the Couneil withotA first obtaining the eonsent of at least fetff Cotmeil member-s pr-es
.,t the meeting-.
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3. Amendments to Article 2-12—Commissions
a. Term
2-12.030 Term.
(a) Each Commissioner shall serve a term of four years unless an alternate term is specified by
the resolution or ordinance establishing the Commission.
(b) No Commissioner shall serve more than two full consecutive terms on a single Commission.
A partial term served as a result of an appointment to fill an unexpired term is not considered a full
term. A Commissioner who has served two full consecutive terms on a Commission may not be
reappointed to that Commission for at least one year following the expiration of his or her term.The
limitations set forth in this subsection (b) shall not apply to the Youth Commission.
(c) For each Commission,the terms of the Commissioners shall be staggered such that each year
the four year terms of approximately an equal number of the Commissioners shall expire. Where a
Commission has seven Commissioners, the terms of two Commissioners shall expire each year
except that in the year after the first six Commission terms have expired,only one term shall expire.
The limitations set forth in this subsection(c) shall not apply to the Youth Commission.
(d) Notwithstanding subsection (a) of this Section} Section 2-15.020 regarding Planning
Commissioner terms, and Section 13-10.020 re arding Historic Preservation Commissioner
terms. where the terms of Commissioners on a Commission do not comply with subsection(c) of
this Section, a Commissioner may be appointed to a term of greater or less than four years for the
purpose of making the terms of the Commissioners on the Commission comply with subsection(c).
No term shall be reduced after a Commissioner is appointed to serve the term, except as otherwise
provided by this Code. For purposes of subsection(b)of this Section,a term of less than four years
established pursuant to this paragraph is not a full term and a term that is more than four years at the
time of appointment pursuant to this subsection (d) is a single term.
b. Appointments
2-12.060 Commissioner Appointments and Vacancies.
(a) Vaea-neies All Commission positions shall be filled by appointment by a majority vote of the
City Council. If a position is vacated prior to the end of the term the appointment shall be
for the unexpired portion of the term of office vacated. If the unexpired portion of the term is one
year or less.the City Council may appoint a Commissioner to serve the remaining portion of
the term and a subsequent full term
(b) Whenever an unscheduled vacancy occurs in any Commission a special vacancy notice shall
be posted in the office of the City Clerk and in the City Library not earlier than twenty days before
and not later than twenty days after the vacancy occurs.Final appointment to the Commission shall
not be made by the City Council for at least ten working days after the posting of the notice required
by this Section except that in an emergency the City Council may fill the unscheduled vacancy
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immediately such that the person appointed to fill the vacancy may serve only on an acting basis
until the final appointment is made pursuant to this Section.
4. Amendments to Article 2-30 Officers and Employees
2-30.020 Payroll.
(a) Salary and Wage Payroll Fund. There is hereby created a special revolving fund under the
supervision of the Finance Director to be known as the Salary and Wage Payroll Fund.Payment of
salaries and wages to City officers and employees and payroll related payments to fiduciary
awe, pts shall be made by electronic transfer, by check. or by such other means as may be
authorized by resolution of the City Council drawn against this fund and sited authorized by
the City G! r-k and t>101;;.,anee Di=eetcr City Manager or a person specifically designated by the
City Manager to perform this authorization.
(b) issuance of disbursements. The Finance Director is authorized to
prepare a bi-weekly payroll and to issue eheeks make disbursements against the S.,l.,,.y and Wage
Pa roll for the payment of all salaries and wages to the officers and employees of the City and
payroll related expenses to fiduciary agents as such salaries and wages and expenses are
authorized by a duly approved City budget or otherwise by the City Council.
(c) Date-Time of payment; certification of payroll.-Payment of the payroll of City effieers an
employees 1, 11 L. a every other-TL,,,rsl,,, after- C
��
employees shall be paid on a bi-weekly schedule. Elected and appointed official's stipends
shall be paid on a monthly schedule.Payroll disbursements shall be made on a timely basis,as
set forth by federal and state payroll laws and regulations and any applicable contractual
arrangements. The head of each City department shall certify and approve the respective
departmental payroll or attendance record for employees of the respective departments and the
Finance Director shall certify or approve payrolls or attendance records of other officers and
employees prior to the designated dates for the issuance of the payroll and shall present the same to
the Finance Director, who shall thereupon certify and approve such payrolls disbursements and
issue l in payment thereof against the Salary and W.,rto-Pavroll Fund.
(d) Change t ,a method f nt The time n w. t- ,a of pay „ ., o n wages
r J"' rivu vi ur"",��" l
of offieers and employees may be madified or ehanged by resolution of the City Couneil without
amendment. f the provisions eon4ained i this Seetion.
(e}Payroll eheeks�disbursement review.Payroll cheeks-
City
heeks City Purchasing Code and need not be audited by the City Council but shall be
presented to the City Council for ratification and approval in the form of an audited
comprehensive annual financial report. -Pavroll disbursements for wages and salaries and
payroll related expenses shall not exceed adopted budget levels unless otherwise directed by
City Council.r t,payroll t, ll b presepAed to the City r'.,,,,,.,;1 for-r-atifieation ,a appr-ev 1 At.the
first r-egulaf meeting after-delivery of the payroll eheeks.
Page 4 of 36
B. Amendments to Chapter 3
5. Noticed Nuisance Abatement Procedure
3-15.040 Notice and order.
(a) The City Manager shall issue a notice and order directed to the owner of record the parcel of
land upon which the City Manager has determined that a nuisance exists.The notice and order shall
contain:
(1) The street address and a legal description sufficient for identification of the parcel of land and
structures thereon.
(2) A statement that the City Manager has found a condition deemed a public nuisance pursuant
to-Section 3-05.010(e)ff to exist with a brief and concise description of the conditions found to
constitute a public nuisance under the provisions of this Code.
(3) A statement(i)specifying the curative action required to be taken and(ii)specifying the time
in which commencement of the action and/or completion of the action must occur,as determined by
the City Manager.
(4) A statement advising that if the abatement work is not commenced within the time specified,
the City Manager may proceed to cause the work to be done and charge the costs thereof against the
parcel or its owner as a lien against the parcel and/or as a special assessment and that such property
may be sold after three years by the tax collector for unpaid delinquent assessments.
(5) A statement whether or not the City Manager has elected to seek, as a part of abatement
costs,reasonable attorney's fees incurred in abating the nuisance. Such notice shall also state that if
the City Manager elects to seek reasonable attorney's fees, the prevailing party may be entitled to
seek.
(6) A statement advising(i)that any person having any record title or legal interest in the parcel
of land may appeal from the notice and order or any action of the City Manager to the Hearing
Officer,provided the appeal is made in writing and filed with the Office of the City Manager within
the time specified by Section 3-15.080(b)of this Code,and(ii)that failure to appeal will constitute a
waiver of all right to an administrative hearing and determination of the matter.
[No changes to (b) through(d).]
6. Hearing Officer and Board ofAnpeals
3-15.070 Hearing Officer and Board of Appeals
(a) In order to hear and decide appeals of orders,decisions,or determinations made by the City
Manager relative to the application and interpretations of this Article, there shall be and is
established both a Hearing Officer and a Board of Appeals,the latter consisting of the Chair of each
of the following City Commissions: P lie Traffic Safety, Heritage Preservation, and
Planning. Each appeal shall be heard and decided by the Hearing Officer unless the City Council
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directs by duly adopted motion that the appeal shall be heard by the Board of Appeals.Any action by
the Hearing Officer authorized or required by this Article may be taken by the Board of Appeals
with respect to any appeal that the Board of Appeals is authorized to consider.The Hearing Officer
and the Board shall each adopt rules of procedures for conducting its business and shall render all
decisions and findings in writing to the appellant, with a duplicate copy to the City Manager.
Appeals to the Hearing Officer and the Board shall be processed in accordance with the provisions
contained in Section 3-15.080.Copies of all rules or regulations adopted by the Hearing Officer and
the Board shall be delivered to the City Manager, who shall make them freely accessible to the
public.
(b) Neither the Hearing Officer nor the Board of Appeals shall have any authority relative to
interpretation of the administrative provisions of this Code nor shall the Hearing Officer or the
Board be empowered to waive requirements of this Code.
C. Amendments to Chapter 6
7. Alarm Ssty ems
ARTICLE 6-10 ALARM SYSTEMS
6-10.010 Purposes of Article.
This Article is enacted to establish regulations for alarm systems utilized in the City, o require
that a permit be obtained fthe insta4lation and maintenanee t f and to impose fines and
penalties upon persons responsible for false alarms and other violations of this Article.
6-10.020 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:
(a)Alarm business means the selling,leasing,installing,servicing,maintaining,monitoring or
responding to or causing others to respond to an alarm system in or on any building, structure or
facility. The term does not include the activities of any public agency or person acting as the
employee or representative thereof.
(b)Alarm owner means the person actually responsible for the operation and maintenance of the
premises in which any alarm system is installed or located.Alarm owner includes but is not limited
to lessees,occupants,tenants,or other agents of the legal owner of said premises,provided that such
agents had actual control of and responsibility for the operation of the premises.
(c)Alarm system means any mechanical or electrical device which is designed or used for the
detection of intrusion into a building, structure or facility, and which emits a sound or transmits a
signal or message when activated. Alarm systems include, but are not limited to, direct-dial
telephone devices,audible alarms and proprietor alarms.Devices which are not designed or used to
evoke a police response or used to register alarms that are intended to be audible, visible or
perceptible from outside of the protected building, structure or facility are not included within this
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definition, nor are auxiliary devices installed to protect the telephone systems from damage or
disruption by the use of an alarm system.
(d)False alarm means the activation of an alarm system through mechanical failure, accident,
misoperation, malfunction, misuse, or the negligence of either the owner or lessee of the alarm
system or any of their employees or agents. False alarms shall not include alarms caused by acts of
God or other causes which are beyond control of the owner or lessee of the alarm system. It shall be
the responsibility of the owner or lessee of the system to show that the cause was beyond their
control.
(e) Outside audible alarm means an alarm system which, when activated, generates sound
perceptible from the exterior of the building, structure or facility in which the alarm system is
located.
(f)Proprietor alarm means an alarm system h that is not regularly serviced or monitored
by an alarm business.
6-10.030 Exemptions.
The following alarm systems shall be exempted from the provisions of this Article:
(a)Alarm systems affixed to motor vehicles.
(b) Alarm systems or devices installed or used by any public agency or public utility.
(c) Early warning fire alarm systems installed pursuant to Article 16-60 in Chapter 16 of this
Code.
6 10.040 D.,mit ," red; existing alarm s ,nt,m
.
(a)No per-son shall install or use an alai:m system in or-on any building, struetur-e or-facility i.n.
the City, it-h.,,+ f-Fst L.t ,,,-,;t to ,t so pursuant to this A,.t' 1
e.
(b) Any . .ng or- using an alarm system installed prior- to the effeetive date of this
Ai4iele for-w-hieh a pefmit is required hereunder-,shall apply for sueh pemit within six menths a
the of- etiye ,1„+0 of'this Ai4ielo
644050 Applicationformit;
(a) Appheation for an alafm petqnit shall be made to the City Manager- or-hi4her- designee efl.
sueh f 3F as may two „ r-ibe l which shall inelude the following f t'
(1)Name and address of the a4arm ow-ner.
(2) Street address and general deser-iption of the building,strueture or f4eility in w-hieh the alarm
system will be installed.
outside audible .,1.,...,,
Page 7 of 36
(4)Name,address !1 telephone mbe of alarm b � rsen l
lllt JJ V �J
to the alafm system within one hour-after-beingealled at ,time ur u the day .La+
1 a �
(5)Whether-any alarm pefmit has pr-eviously been issued to the same applieapA or-for the same
alafm system and r-evoked by the Gity. if the applieant shall fully deser-ibe the grounds
7
r-eveeation and the eorr-eetive aetion whieh has or will be taken to avoid a r-epetition thereof-.
7
the City Manager-or hWher-designee shall issue an
alarm pefmit to the applieant;pr-ovided,however-,if the applieation diseloses that a pefmit previously
issued to the same applieant or for-the same alafm system has been revoked, .t sha4l:not.
be issued tmiess the applieapA demonstrated to the satisfaetion of the City Manager- or- his/hef
designee that the prior-gr-ounds for-mvoeafionv�411 not reoeetif.No fee sha4l be ehar-ged for-issuanee
of the a4afm permit.
6-10.060 Outside audible alarm requirements.
(a)If an outside audible alarm is being serviced and maintained by an alarm business,such alarm
business shall post a notice containing its name and a telephone number to be called during any hour
of the day or night in the event the alarm is activated.The notice shall be posted in such a position as
to be clearly visible from the ground level adjacent to the building, structure or facility where the
alarm system is located.The posting of such notice shall not be required in the case of any proprietor
alarm system.
(b) It shall be unlawful to install or use an outside audible alarm ae that upon activation
emits a sound similar to sirens in use on public emergency vehicles or for public disaster warning
purposes.
(c)All noisemaking devices or pulsating lights shall have a timing mechanism that will silence or
turn off such devices or lights within fifteen minutes following initial activation.
6-10.070 Automatic telephone connections prohibited.
It shall be unlawful for any person to use, cause to be used, or engage in the business of
providing any alarm system equipped with a direct-dial which,when activated,automatically dials
"911" or any telephone number of the County communications center, County Sheriffs Office, or
any fire district.
6-10.080 False alarms prohibited; investigation of false alarms.
(a)It is unlawful to maintain,use or posseson ssess an alarm system which has caused more than
two false alarms to be transmitted within any calendar year to the County Communications center,or
the County miffs Sheriffs Office, by communication from an alarm business or a person
responding to the false alarm.
(b)A representative of the police department responding to each emergency alarm shall attempt
to ascertain by investigation whether such alarm was activated with reasonable cause therefor or was
a false alarm. In the event his/her investigation indicates that the alarm was a false alarm, the
investigator shall prepare a false alarm card of this investigation stating his/her conclusions and the
factual basis for such conclusions, and shall forward such card to the City Manager or his/her
designee.The investigator shall also serve a copy of his/her report on the alarm owner or occupant of
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the premises on or in which the false alarm occurred by delivering the same to and leaving it with
some person of suitable age and discretion upon the premises or by mailing a copy of the report to
such alarm owner or occupant.
1n.1i ,..,,.
6 nn neation of permit
V 1V .
(a)An alarm pefmit issued pufsuant to this At4iele may be revoked.en any one of the fellowin.9,
(�) The o o of th fee false alarms withinany1 ,l
+� aaav VVVLL1�V11VV Vl Llll VV
(2) A violation by the pemiit4ee of any r-egulation set fet4h in this Ar-tiellee-.
(b)The City Manager-or-his/her-designee sha4l give written notiee to the pefinittee of the City's
intention to revoke the alarm permit and the grounds for-sueh revocation.The notiee shall advise the
permiaee that the almm permit will be revoked after-the expiration of fifteen days,tmiess pr-ior-lo
that time the pefmittee shows good eause as to why stieh ae4ion should not be taken. if-,in response
to the notiee and within the time speeified therein,or-sueh longer-peFied of time as may be allowed
by the City Manager-or-hi4her-designee,the pefmit4ee demonstrates to the satisfaetion of the Gi�y
Manager-or-hisAier-designee that all grounds for-r-evoeation stated in the notiee have been r-emedied,
stieh City Manager- or-his/her-designee may tei!minate the revoeation proeeedings. if the pefmit-tis
revoked,the alafm system shall not be tifilized by the alaFm owner-or-any other-per-son unless and
until new no,-.�,;t has been issued n suant thisA Ffi 1
»++.++ .+++v♦ rvi 1111E+iLLU VVVl+1JJL4�U lJLLl
6-10.110 Administrative review; appeal procedure.
Any person charged with a false alarm penalty under Subsection 6-10.120(e)of this Article may
appeal of-such penalty to the City Manager or his/her designee by filing a notice of appeal in the
Office of the City Clerk, written within ten days of receipt of such penalty. The appeal shall be
accompanied by payment for all the accumulated false alarm penalties..., on such form as the City
Manager or his/her designee may prescribe. Within twenty-one days after his/her receipt of such
appeal the City Manager or his/her designee shall conduct a hearing on the matter considering all
relevant evidence and may affirm,reverse or modify the penalty. If a penalty is reversed,the penalty
shall promptly be refunded. The decision of the City Manager or his/her designee shall be final.
6-10.120 Violations of Article.
The violation of any provision contained in this Article is hereby declared to be unlawful and
shall constitute an infraction and a public nuisance. In addition to the re` oe tion of an.,1.,rm no,.,.. i
pur-su nt to Seetion 6 10.100 a any other legal remedies available to the City under the provisions
of this Code,a violation of this Article shall be subject to the following penalties based upon the type
of infraction:
(a)installing or-using an alann system without a permit(Seetion 6 10.04 0).:ene htmdred dollars.
Sueh penalty shall be waived if the almm owner applies for-a permit within five days af4er-written of
or-a! notifieation by the City tha4 a permit is Fequir-ed and sueh alafm owner-was not the holder of
.1'
ey
prio�
r_ siy i.i_iiicd pc_.-.-...Tt.:.b.--h h---' b----revoked.
-'k-»l.
Page 9 of 36
(b j Installing or using an outside audible alarm which,upon activation,emits a sound similar to
sirens in use on emergency vehicles or for disaster warning purposes (Section 6-10.060): two
hundred fifty dollars.
(EW Installing or using an outside audible alarm without a fifteen-minute automatic reset
(Section 6-10.060): one hundred dollars.
(d=c) Installing or using a prohibited direct-dial alarm system (Section 6-10.070): two hundred
fifty dollars.
(eM Maintaining, using or possessing an alarm system which has caused any false alarm to be
transmitted to the County communications center,or the County Sheriffs Office by communication
from an alarm business or a person responding to the false alarm:
(1) For the third verified false alarm within any calendar year: seventy-five dollars.
(2) For the fourth verified false alarm within any calendar year: one hundred dollars.
(3) For the fifth verified false alarm within any calendar year: two hundred dollars.
(4)For the sixth and subsequent verified false alarms within any calendar year:two hundred fifty
dollars.
D. Amendments to Chapter 10
8. Special Event Permits
Article 10-10
SPECIAL EVENT PERMIT
a. Definitions
10-10.010 Definitions.
For the purposes of this Article, the following words shall have the meanings respectively
ascribed to them in this Section, unless the context or the provision clearly requires otherwise:
(a) Parade means a march,procession,motorcade or walk upon any public highway,street,alley
or sidewalk in the City. The term "parade" as used in this Article, does not include a funeral
procession consisting of a single direct movement from a mortuary or church to a place of burial.
(b) Footrace means an event generally open to members of the public and sponsored by a person,
organization or group,wherein the participants bike,run or walk following an established route over
public highways, streets, alleys or sidewalks within the City.
Page 10 of 36
(c) Festivity means a fair,exhibition,ceremony,art show,program,celebration or other public
assemblage of people for the conduct of an event,involving the complete or partial use or closure of
any public highway,street,alley,sidewalk or other public property in the City to normal vehicular or
pedestrian traffic.
(d) Block Party means a Festivity on street in a residential district requiring the temporary
closure of a single block or portion of that street for not more than 12 hours that
organized by residents who live on the specific residential street where the event-is-taking
place.(2)a neighborhood gathering open to the public and to which all residents of residential
structures facing the portion of the street to be closed have been invited (3) expected to have
attendance of 100 or fewer people and (iv) not advertised to the general public
b.Number of Participants
(d) Special event means a parade,footrace or festivity that is likely either(1)to have seventy
€we or-more than 100 participants, (2) to interfere with the free use of the public right-of-way by
others, or(3)to not comply with traffic regulations, as such terms are defined in this Section.
10-10.020 [No change]
c.Application
10-10.030 Application for permit.
(a) Applications for a permit to conduct a special event shall be filed with the City Manager at
least forty days in advance of the proposed event, unless:
(1) The applicant demonstrates good cause for a shorter time period.The City Manager shall not
consider the viewpoint of the permit applicant in determining whether an applicant has demonstrated
good cause; or
(2) The special event involves only non-commercial,expressive activity that is protected by the
First Amendment of the United States or Article 1, Sections 2 and 3 of the State Constitution. An
application for a permit to conduct a special event that consists of such expressive activity shall be
filed with the City at least two days in advance of the proposed event.
(b) The application shall contain the following information:
(1) Name,address and description of the sponsor for the event,together with the name,address
and telephone number of the contact person representing such sponsor.
(2) Description of the nature and purpose of the special event to be conducted.
(3) Estimated number of participants and, if a parade,the number and types of vehicles, floats,
bands, marching units and animals to participate.
(4) Date of the event and the hours during which it will be conducted.
(5) Proposed route or area to be occupied and a statement as to whether the special event will
occupy all or only a portion of the streets on which the event will be conducted.
Page 11 of 36
(6) Proposed method of handling vehicular and pedestrian traffic, including routes over which
any traffic is to be diverted.
(7) Proposed sanitary facilities,if any are to be used,including toilet facilities,and the proposed
method of sewage and refuse disposal.
(8) If food is to be sold or otherwise distributed,the procedure to be followed in the handling and
preparation of such food.
(9) Description of any sales activity to be conducted upon public streets,sidewalks or rights-of-
way,including the estimated number of street vendors,the nature,size and location of any booths or
stalls, and a description of any vehicles, wagons, pushcarts or other mobile units to be utilized in
connection with the sales activity.
(10)Number, types and locations of all loudspeakers or other sound amplifying devices to be
used.
(11)Number,type, size, and location of all signs associated with the event, including the time
frame in which the signs will be erected.
(12)Method of notifying participants prior to the event of the terms and conditions of the permit.
(13) Such other information as reasonably requested by the City Manager pertaining to the
manner in which the proposed event will be conducted.
(c) The application for any event other than a Block Party shall be accompanied by the
payment of a nonrefundable processing fee in such amount as may be established from time to time
by resolution of the City Council.
d. Investigation
10-10.040 Investigation of application.
(a) The City Manager shall transmit a copy of the application for review and comments by the
following persons and agencies who may have jurisdiction over the event:
(1) The County Sheriff.
(2) The Chief of each fire district in which the event will be conducted.
(3) The County Transit Agency for events on a transit route.
(4) The State Highway Patrol for events on a State hi�hway.
(5) The State Department of Transportation for events on a State highway.
(ti) The (-'.trot.Health rlop.,..+ment
(7) The City Community Development Depaftment.
The foregoing pis and agencies shall be requested to indicate on the application that the
proposed permit is either approved or disapproved or approved subject to specified conditions,
and return the application to the City Manager within twenty days. As an alternative to
consultation on specific types of applications the City Manager and one or more of the
agencies above may develop uniform criteria for such applications and agree that no
consultation shall be required for applications satisfvin�those criteria.
Page 12 of 36
(b) Upon receipt of the comments and recommendations from the persons and agencies referred
to in subsection (a) of this Section, the City Manager shall take action to grant or deny the
application.
10-10.050-060 [No Change]
e. Permit Contents
10-10.070 Contents of permit.
Permits issued pursuant to this Article may contain such conditions as deemed by the City Manager
to be necessary or appropriate for the orderly and safe conduct of the event, including, but not
limited to, the following:
(a) Starting and ending times.
(b) In the case of a festival fes ivi :
(1) The streets on which the festival kesfivi1y will be conducted.
(2) The number and location of booths, displays or other structures to be erected for the event
and the design thereof.
(c)-(h) [No change.]
f. Insurance
10-10.080 Insurance.
As a condition for issuance of a permit,the applicant for any event other than a Block Party
shall furnish to the City,at the applicant's own cost and expense,a policy or policies of liability and
other insurance coverage as may be required under the applicable insurance standards of the City,as
established from time to time by resolution of the City Council. Such policy or policies shall be
maintained in full force and effect in accordance with said insurance standards during the entire term
of the permit.
10-10.090-140 [No Change]
E. Amendments to Chapter 14
9. Early Warning Fire Alarn7 System
14 25.110 Early warning...:5 111 V salu■lll system.
(a) Findings `"` purpose.PP
T T
(1) til; a4io of . «.-e� log in the detee ion and warning will fire �ll oigrmieandy
i tt 7,,i
e el ee the—levof protection �r
ion fror such while at the same time 4he
effeetiveness ft' o,�t n foe lift �
a z rm ., eyner-geney response-s-.
(2) Gei4ain afeas of the City have been designated as the Wildland Urban interfaee Fire Area on.
the City's
> >
brush or- forest whieh is so situated or- is of stleh inaeeessible loeation that a fire
Page 13 of 36
originating Won stieh land would-present an abner-mally diffietiltjob E)f .. )r-would r-esu
in great and untisual damage thfough fire E)r- resulting er-esion. The r-esp()nse time of emer-geney
equipment to ealc �or aid in the WWl d Urban later-faee Fire A ;c4 due 4-. thee
areas,the existenee of steep,
nafrow streets and
inter-faee Fire Area iner-eases the petefAW for-the rapid spread of any fire w-hieh may staft in sue-h-
, «4i . ,lar-ly , „ seasonal «jspells.
(3) A substapAial peffien of the new single family dwellings being eenst-meted in the City are
larger-struettires,typie III i -A fl-Ifivea thousand s"ar-e feet v��4ff ee ear-gar-ages.
their-size, a fire in these stfuetur-es ean be more diffietilt to ex4inguish.
(n) The risk f per-sons rl Y Y 4 ftJ withinfamily milJ !1 elliNgs n �,4.•. c4ur-e.
_T�i
eontaining multiple sleeping tmits is proportionately greater- beeattse of the higher- density o
eee"ants. immediate warning of fire and notifieation to the Fire Dist-Fiet of the existenee and
loea4ien of fire will serve to r-eduee the possibi4y of death, injtify and pr-Opel4y damage,
7
death,publie health and sa�� risks of fire afe paftieular-ly aeute. immediate warning of fire a
notifieation to the Fire Distriet of the existenee and leeation of fire will serwe to reduce th
possibility of injufy and propefty damage in these •
(6) The p4lie safety and welfare may neeessitate installation of an early warning fire alafm
depending upon the faas and eir-cumstaflees
7
4 b evaluated 1, 4L, Fire Chief in eaeh ind vial, „1 0
eNJL.
(7) T4 is the 1 .d peliey of tl, rit as et forth in 41, Safety E „4 of the Ge o .,l -P
require installation of an eafly wafning fire a4anm system as hereinafter-provided in this See4ion.
purpose of this Seetion is to implement stieh goal and pelie�-
(b) Mandatory requirement for installation of alarm system.As a condition for-tepAafive fnap
approvM undef this Chapter-,the ad y sha4l require the installa4ion of an early wafning
fire alafm 3rdanee with Aftiele 16 60 in Chapter- i 6 of this Code,and the eonne-et-i&H of
in t- eapse ,a •1, ,d in c 4' 15 90.090(b)(1) icy (e) and(.d) of t is Gede
F. Amendments to Chapter 15
10. Delete Definition of`Attached'and `Detached'
15 06.070 A ttaehed
" "
wall,integral pai4 of a main struetwe;and(e)ineluded in the floor-area de-tennination fi3r a main strue4urv-,
eemmen floor o eiling
Page 14 of 36
15 06 200 Detaeh a
I1. Definition of`Fla�Lot'
15-06.420 Lot.
"Lot" means a parcel of land consisting of a single lot of record.
(a) Lot of record means a lot which is part of a subdivision and shown on a map thereof as
recorded in the office of the County Recorder,or a legally created parcel of land described by metes
and bounds or shown on a parcel map which has been so recorded.
(b) Corner lot means a lot situated at the intersection of two or more streets,or bounded on two
or more connected sides by street lines.
(c) Interior lot means a lot other than a corner lot.
(d) Flag lot means a lot having access to a street by means of a private driveway or corridor of
land not otherwise meeting the requirements of this Chapter for site width. The length of a eev."aer
aecess shall be measured ffem the fFentage line to the nearest peii4 of inter-seetion m4th that prope
lino n -r- llel o most ar!y parallel to the f,.,.gage line.
(e) Hillside lot means a lot having an average slope of ten percent or greater.
(f) In-fill lot means a lot surrounded by other developed lots in at least three out of four
northern, southern, eastern or western directions.
(g) Reversed corner lot means a corner lot, the side lot line of which is substantially a
continuation of the front lot line of the first lot to its rear.
(h) Double frontage lot means an interior lot having frontage on two parallel or approximately
parallel streets.
12. Definition of`Front Lot Line'
15-06.430 Lot line.
"Lot line" means any boundary of a lot.
(a) Front lot line means, on an interior lot,the lot line abutting a street, or, on a corner lot,the
shortest dimension of the lot fronting the street,or,,on a double frontage lot,the lot line abutting the
street providing the primary means of access to the lot, or, on a flag lot, the interior lot line most
parallel to and nearest the street providing site access unless the average width of the lot exceeds
its average depth in which case the front lot line shall be the interior lot line with the shortest
dimension. ffom whieh the means Af aecess is obtained, emeept that where the aver-age width of
flag lot exeeeds its aver-age depth and the longef di . - Effisider-ed the depth,the ffont lot line
will be the pr ft line from 1,' 1, the ffonta isa
Page 15 of 36
(b) Rear lot line means the lot line not intersecting a front lot line which is most distant from
and most closely parallel to the front lot line. A lot bounded by only three lot lines will not have a
rear lot line.
(c) Side lot line means any lot line which is not a front or rear lot line.
(d) Interior lot line means any lot line not abutting a street.
(e) Exterior lot line or street lot line means any lot line abutting a street.
(f) The Community Development Director may assign or designate lot lines for irregular-shaped
parcels or lots that do not have frontage, as defined in Section 15-06.290.
13. Definition of`Site'
15-06.620 Site.
"Site" means a lot, as defined in Section 15-06.420.
(a) Gross site area means the total horizontal area included within the property lines of a single
site.
(b) Net site area means that portion of gross site area remaining after deducting therefrom the
following:
(1) Any portion of a site within the right-of-way of an existing public or private street,road or
access easement, except an emergency access street;
(2) Any portion of a site within the proposed right-of-way of a future street (except an
emergency access street), as shown on an approved tentative subdivision map or a recorded
subdivision map;
(3) The portion of a flag lot constituting the access corridor where the length of the corridor is
measured from * the front lot line and to the frontage line of the corridor at the street;
(4) Any portion of a site within an easement to the Santa Clara Valley Water District;
(5) Those areas which are classified by the City Geologist as "Md"; and
(6) Any quarries, unless shown to be suitable for development, as determined by a detailed
geotechnical analysis approved by the City Geologist.
(c) Site frontage means the length of the front lot line.
(d) Site width means the horizontal distance between side lot lines,measured at right angles to
the site depth at a point midway between the front and rear lot lines,or if there is no rear lot line, at
the midway points of the intersecting side lot lines.
Page 16 of 36
(e) Site depth means the horizontal distance from the midpoint of the front lot line to the
midpoint of the rear lot line, or to the most distant point on any other lot line where there is no rear
lot line.
(f) Site coverage means the percentage of net site area covered by impervious surfaces
including all structures, open or enclosed, or projections of structures.
14. Off-Street Parking Requirement for Single Family Residential Districts
15-12.140 Off-street parking and loading facilities.
Off-street parking and loading facilities shall be provided for each use on the site, in
accordance with the regulations set forth in Article 15-35 of this Chapter. Any permitted
intensification of a use or expansion of a structure must comply with current parkin
standards.
15. Arborist Reports
15-50.130 Arborist Report
An Arborist Report shall be required for any application for discretionary development approval
that would require the removal of one or more trees protected by this Chapter and for any other
projects where the Community Development Director determines it is necessary. The Community
Development Director may require any Arborist Report (or portion thereof)to be reviewed by the
City Arborist. The Arborist Report and any review of it by the City Arborist required by the
Community Development Director shall be at the sole expense of the applicant. Arborist reports
shall expire thirty-six months from the date of the report or upon the expiration of the hnilrlinu
permit for the project for which the arborist report was prepared whichever occurs later
16. Site Coverage Limit in the R-Mzoning district
15-17.070 Site coverage.
The maximum net site area covered by structures in each R-M district shall be forty percent.
Solid sur-faee deeks and eompaeted suffaees niade of per-ous materials used for-wa4kways,driveway
and patios will be eounted at only fifty per-eepA of the total area of stteh sur-faees for-determining the
ealeulation of site eever-age within this Seetion.
17. Drive-through Services only Permitted in the CN(RHD) Zoning District
15-19.020 General regulations.
The following general regulations shall apply to all commercial districts in the City:
Page 17 of 36
[No changes to subsections (a) and (b).]
(c) Expressly prohibited uses.Without limiting the application of Section 15-05.055(a)of this
Chapter,the following uses are expressly declared to be prohibited in all commercial districts:
(1) Any use which emits air pollutants, solid or liquid wastes,radioactivity, or other discharge
which endangers human health or causes damage to animals, vegetation or property.
(2) Any use which creates offensive odor, vibration, glare or electrical disturbance, detectable
beyond the boundaries of the site, or creates a hazard of fire or explosion.
(3) Any use involving drive-through service, such as restaurants and financial institutions with
drive-through windows in all commercial districts with the exception of the CN(RHD) zoning
district.
(4) Any use involving automotive body work, such as collision repair,painting,dismantling or
customizing.
(5) Mini-storage facilities.
(6) Outdoor sales or storage of motor vehicles.
18. Remove the Word `Hedge' om the Title ofArticle 15-29 (Fences and Hedges)
Article 15-29 FENCES AND 14EDGES
19. Allowable Simon Square Footage per Tenant Space
15-30.070 Village Sign District.
In addition to other signs allowed pursuant to this Article,the following signs are allowed on lots
in the Village Sign District with a sign permit. Signs on lots in the Village Sign District shall also be
consistent with the Village Design Guidelines.
(a) Building signs.
(1) Primary building signs.Any number of permanent building signs,provided that the aggregate
area of all building signs upon for any one budding tenant shall not exceed one-half square foot of
area for each lineal foot of tenant frontage, as defined in Section 1.5-30.020, or forty square feet,
whichever is less.
(2) Wall signs on buildings with more than one entrance.One permanent building sign,each not
exceeding two square feet in area, over each additional entrance to the building.
[No changes to sections (b)through (d)]
15-30.080 Prospect Sign District.
Page 18 of 36
In addition to other signs allowed pursuant to this Article,the following signs are allowed on lots
in the Prospect Sign District with a sign permit:
(a) Primary building signs:Any number of permanent building signs,provided that the aggregate
area of all building signs upon for any one buffing tenant shall not exceed one-half square foot of
area for each lineal foot of tenant frontage, as defined in Section 15-30.020, or forty square feet,
whichever is less.
[No changes to sections (b)through (e)]
15-30.090 Quito Sign District.
In addition to other signs allowed pursuant to this Article,the following signs are allowed on lots
in the Quito Sign District with a sign permit:
(a) Primary building signs. Any number of permanent building signs, provided that the
aggregate area of all building signs upon any one building tenant shall not exceed one-half
square foot of area for each lineal foot of tenant frontage, as defined in Section 15-30.020,or forty
square feet, whichever is less.
[No changes to sections (b) through(e)]
15-30.100 Saratoga-Sunnyvale Sign District.
In addition to other signs allowed pursuant to this Article,the following signs are allowed on lots
with nonresidential uses in the Saratoga-Sunnyvale Sign District with a sign permit. Signs on lots
located in the Saratoga-Sunnyvale Road Gateway area shall also be consistent with the Gateway
Design Guidelines.
(a) Primary building signs. Any number of permanent building signs, provided that the
aggregate area of all building signs upon for any one building tenant shall not exceed one-half
square foot of area for each lineal foot of tenant frontage, as defined in Section 15-30.020,or forty
square feet, whichever is less.
[No changes to sections (b) through (d)]
20. Off Street Parking Requirements
15-35.020 General requirements and regulations for off-street parking spaces.
(a) Off-street parking requirements: At the time,of initial occupancy of a site or structure or at
the time of an alteration or enlargement of a site or structure, there shall be provided off-street
parking spaces for-atttomebiies in aeeord with the sehedule of off street par-king spaee requirements
for- the type and exten4 of use at the site as prescribed in Section 15-35.030. For the
purposes of this Section, the term "alteration or enlargement" shall mean a change of use or an
addition which would increase the number of parking spaces required above the total number
required prior to such change or addition.
(b) Fractional numbers: Except as otherwise specifically provided,if,in the application of the
requirements of this Article,a fractional number greater than one-half is obtained,the number of
Page 19 of 36
required parking spaces shall be rounded un to the next whole number.one park ng spaee shat
be provided for-a ffaetion E)f one half or-more, and no pafking spaee shall be required for-a 4aefi
of than one hair
[No changes to sections(b) through (k)]
21. Administrative Design Reviewfor Single-Family Homes
15-45.065 Administrative design review.
(a) Pursuant to this Article, the following projects shall receive administrative design review
approval by the Community Development Director prior to issuance of a building permit in any A,
R-1, HR, or R-OS district:
(1) Any new single-story residence or accessory structure greater than two hundred fifty square
feet in floor area.
(2) Any addition to an existing structure that would expand the floor area by more than fifty
percent.
(3) Any addition to an existing structure that would expand the second story floor area by one
hundred square feet or more.
(4) Any addition to an existing structure that would modify the footprint by more than fifty
percent.
(5) Any new or enlarged basement.
(6) Any reconstruction of fifty percent or more of an existing structure.
(b)The application for administrative design review approval shall comply with Section 15-
45.070. The Community Development Director shall not grant design review approval unless the
findings set forth in Section 15-45.080 have been made.
(c)If the Community Development Director intends to approve the application, a "Notice of
Intent to Approve"will be mailed to all property owners within two hundred fifty feet of the subject
property and to others as deemed appropriate. All interested parties will have fifteen calendar days
from the date of the "Notice of Intent to Approve" in which to review the application and provide
written comments to the Community Development Director.The Community Development Director
shall approve or deny the application within fifteen days of the close of the review period and shall
mail notice of the decision to the applicant and to any party that has requested a copy of such notice.
The Community Development Director's decision is appealable to the Planning Commission within
fifteen calendar days of the Director's decision to approve the application.The Planning Commission
at a public hearing will review any appeal. Notwithstanding, Section 15-45.110 or Section 15-
90.020, the decision of the Planning Commission on the appeal shall be final and not subject to
appeal to the City Council.
(d)If the application is not approved by the Community Development Director,then the applicant
may file an appeal within fifteen calendar days of the Community Development Director's decision
Page 20 of 36
or deadline to render a decision and have the application heard by the Planning Commission at a de
novo public hearing.
22. Application Requirements for Design Review Applications
15-45.070 Application requirements.
(a) Applications for administrative design review approval and design review approval shall be
filed with the Community Development Director on such forms as the Director shall prescribe.An
application shall include the following exhibits:
(1) Site plan showing(i)property lines, (ii) easements and their dimensions, (iii)underground
utilities and their dimensions, (iv) structure setbacks, (v) building envelope, (vi)topography, (vii)
species,trunk diameter at breast height(DBH as defined in Section 15-50.020(g)),canopy driplines,
and locations of all heritage trees (as defined in Section 15-50.020(1), trees measuring at least ten
inches DBH, and all native trees measuring at least six inches DBH on the property and within one
hundred fifty feet of the property, (viii) areas of dense vegetation and(ix)riparian corridors.
(2) Any application that proposes new construction two feet or closer to a required setback area
shall include a boundary survey signed by a licensed land surveyor or registered civil engineer
qualified to do property line surveys. Such surveys shall verify the location of all existing property
lines, easements, structures and protected trees, as defined in Section 15-50.020(q).
(3) A statement of energy conserving features proposed for the project. Such features may
include,but are not limited to,use of solar panels for domestic hot water or space heating,passive
solar building design,insulation beyond that required under State law, insulated windows, or solar
shading devices. Upon request, the applicant shall submit a solar shade study if determined
necessary by the Community Development Director.
(4) Elevations of the proposed structures showing exterior materials,roof materials and window
treatment.
(5) Site sections for all projects located on a hillside lot,together with an aerial photograph of the
site if requested by the Community Development Director.
(6) Engineered grading and drainage plans, including cross sections.
(7) Floor plans that indicate total floor area,determined in accordance with-Section 15-06.280 of
this Chapter.
(8) Roof plans.
(9) Landscape and irrigation plans for the site,showing the location and We of all landscaped
areas,including: existing trees to remain onsite:new or replacement trees: live plant materials.
decorative landscape materials, water features, hardscape, irrigation systems, and any
additional information necessary to comply with the City's landscaping or water efficiency
regulations. the I—Acm^+ivon of existing trees proposed to beretained on the site, the of any
proposed replacement trees, the leeation and design of landseaped areas, types and quantities of
Page 21 of 36
ma4er-ials and iffigation systems and all other- pe features.
es.
(10) Tree Preservation Plan, as required in Section 15-50.140
(11) Preliminary title report showing all parties having any interest in the property and any
easements, encumbrances and restrictions, which benefit or burden the property.
(12) Such additional exhibits or information as may be required by the Community
Development Director.All exhibits shall be drawn to scale,dated and signed by the person preparing
the exhibit. Copies of all plans to be submitted shall consist of two sets drawn on sheets eighteen
inches by twenty-eight inches in size and fifteen reduced sets on sheets eleven inches by seventeen
inches in size.
(13) A geotechnical clearance as defined in Section 15-06.325 of this Code, if required by the
City Engineer.
(14) Such additional exhibits or information as may be required by the Community
Development Director to demonstrate compliance with Article 16-47,Green Building Regulations of
the Saratoga City Code.
(b) An application shall be accompanied by the payment of a processing fee, in such amount as
established from time to time by resolution of the City Council.
23. Off Street Parking Requirements for Parking Districts
15-35.035 Parking ratios for off-street parking and loading facilities.
(a)Where a site is located within and constitutes a part of a City parking district,the off-street
parking requirement for each district shall be as follows,regardless of the particular category of use
or uses occupying the site:
District Space Required
No. 1 One space for each 473.5 square feet of floor area.
No. 2 One space for each 380 square feet of floor area.
No. 3 One space for each 350 square feet of floor area,plus any additional square footage allowed
on the site as a result of the acquisition of development rights created by the City upon
formation of Parking District No. 3.
No. 4 One space for each 380 square feet of floor area.
-----------------
Page 22 of 36
(b) For- the purpose of deter-mining the required number- of pafking spaees for- a development
leeated within a City par-king the term 11 area"floor
7
loading,areas used for off street pafking or-
whieh off street par-king is 1
btA sueh floor-area shall inelude any exterior-bakeny used asthe sole fneans of aeeess to a business establishment and any
1
more, or-portion thereof,oeeupieby a use for whieh eff street parking is required. if a ffac4ional number is obtained, one par-king
spaee shall be provided for-a fr-aefion of one half or- and no par-king spaee shall be required fef
., f t' f 1ess than one half-.
24. Nonconforming Uses and Structures
15-65.020 Definitions.
[No changes to (a)through (e)]
(f) Nonconforming Structure means a structure lawfully existing on the effective date of a
change in a development standard established by this Code and continuing since that date in
nonconformance to the development standard.The use of this term in this Article shall refer only to
a legal nonconforming structure. n tfuettffe that was not originally eonst_µ_tea in_.._.f _...anee with
regulations ..1: .,b.le .,t the t' t legal t t
...b.,.au...�v.... wi..l.............+ ..... �a�v «...v au iav�u av�ui oauv[cae.
(1) A structure that was not originally constructed in conformance with regulations
applicable at the time is not a legal structure.
(2) A structure that solely lacks the required number of off-street parking facilities,but
otherwise conforms to city code is not considered nonconforming.
[No changes to (g)through (h)]
(i) Statement of Acknowledgment of Legal Nonconforming Status means a document in
form and content approved by the Community Development Director and recorded in the office
of the County Recorder documenting that the extent to which a use or structure on the subject
property is nonconforming, but legal pursuant to the terms of this Article.
[No changes to 0)]
15-65.030 Continuation in general; regulations applicable to nonconforming uses or
structures.
(a) Nonconforming uses and structures may be continued only in conformity with the provisions
of this Article. The owner of property on which a nonconforming use or structure is claimed shall
have the burden of proof in establishing to the satisfaction of the Community Development Director
the nonconforming status claimed. The Community Development Director may charge a fee, as
established in the City Fee Schedule, for the review of evidence submitted to meet the owner's
burden of proof and for the preparation of a Statement of Acknowledgment of Leal
Nonconforming Status if the evidence demonstrates that a use or structure on the subiect
Page 23 of 36
property is wholly or partially nonconforming,but legal pursuant to the terms of this Article.
A use or structure that is not in conformity with the provisions of this Chapter,or that is not a legal
nonconforming use or structure in accordance with this Article, shall constitute a violation of this
Code and shall not be continued.
(b) The following regulations apply to each nonconforming use or structure:
(1) All new construction allowed to occur with respect to a nonconforming use or structure shall
comply with current requirements of Chapter 16 of this Code.
(2) Repair, alteration or reconstruction otherwise required by this Code or applicable law, and
not otherwise prohibited by the rights or regulations of any other governmental agency having
jurisdiction, shall be allowed in the following circumstances and shall not be considered in
calculating any estimated construction valuation:
(i) Repair,alteration, or reconstruction required to retrofit unreinforced masonry structures or
otherwise required to comply with earthquake safety standards established in Chapter 16 of this
Code,provided the retrofitting or other work is limited exclusively to compliance with earthquake
safety standards;
(ii) Repair,alteration,or reconstruction required to elevate a habitable structure in a floodplain,
provided the elevation work is limited exclusively to compliance with flood prevention standards;
(iii) Repair, alteration, or reconstruction required to comply with required energy efficiency
standards established in Chapter 16 of this Code, provided the work is limited exclusively to
compliance with those standards; and
(iv) Repair, alteration, or reconstruction which is limited exclusively to compliance with the
Americans with Disabilities Act (ADA) or Chapters I IA and I IB of the State Building Code set
forth in Volume II of Title 24 of the California Code of Regulations.
(3) Any building permit or use permit or other approval issued pursuant to this Code for minor or
major repairs or alterations, reconstruction, or change, expansion or intensification of a legal
nonconforming use or structure shall include a condition requiring recordation of a Statement of
Acknowledgment of Legal Nonconforming Status.
(4) No otherwise legal existing use or struetur-e shall be deemed to be a noneenforming
f t ek o f the required number-ber- o f e ff street par-king f eilities u,,weye, aAny
solely ten' r a
otherwise permitted intensification of a use or structure must comply with current parking standards.
25. Miscellaneous Regulations and Exceptions
15-80.030 Special rules for accessory uses and structures in residential districts.
The following special rules shall apply to certain accessory uses and structures in any A,R-1,
HR, R-OS or R-M district:
(a) Stables and corrals. No
stable or corral, whether private or community, shall be located closer than fifty feet from any
Page 24 of 36
property line of the site, or closer than fifty feet from any dwelling unit or swimming pool on the
site.In the HR district,no stable or corral shall be located closer than fifty feet from any stream and
the natural grade of a corral shall not exceed an average slope of fifteen percent.
(b) Swimming pools. Subjeet to approval by the Community Development Dir-eeter�No
swimming pool or accessory mechanical equipment shall be located in a required front,side or rear
setback area, except as follows:
(1) A swimming pool and accessory mechanical equipment may be located within a required rear
setback area, but the water line of the swimming pool may be no closer than six feet from any
property line. Any portion of such swimming pool that is located outside of the rear setback area
shall comply with the side setback area requirements for the site.
(2) If the required minimum interior side setback area is more than ten feet, accessory
mechanical equipment may be located within such side setback area,but no closer than ten feet from
the side lot line.
26. Early Warning Fire Alarm Ssy tem
15 80.090 Early warning fire alaF m system.
(») Findings „d-purposeThe City r. L.n..1 finds and a � follows.:
(1) Utilization of t t 1by the dvL ,l f'tees;„„ „ „ 1:„„ it ,.
nifiently
� 1,
enhanee the level of proteetien 4efn sueh hazard while at the same time 4he
(2) GeAain areas of the City have been designated as the Wildland Urban lfiterfaee Fire Area on
the
City's
> > ,
steep, that a fireZinating upon sueh land would present an abner-mally diffieultjob of su would resul
iusual damage thfough fire or- r-estift' The response time of emer-geney
to some poi4ions of sueh areas,the existenee of
areas, nafr-ow streets and roadways loeated in stt
the laek
of eonneeting streets and roadways in sueh areas,
and the unusual topography of stieh
areas.Fufthef,the presence of heavy vegetation in the Wildland UFban Interfaee Fire A
the potential for- the rapid spread of any fire w-hieh may staft in sueh areas, paFtieulafly during
�l dr-ypll
spells.
.
(3) A substantial peftion of the new single family dwellings being eenstr-tieted in the City are
7
typieally in exeess of five thousand square feet with dffee ear-gar-ages.By reason e
the' , a fire in theseJ+l Llt more ��t n be a' It t extinguish.
L
(4) The ..s. .f iaav to 1V1JV1J u1x property within multi family ,welling 1 struetur
coRtaining multiple sleeping units is proportionately gr-ea4er- beeause of the higher- density 0
eeeupants. immediate wafning of fife and notifieation to the Fife Distr-iet of the e)iistenee and
lee do off e willser-,vet r-eduee the possibility of death, injury .l pFE)pe..t .1
Page 25 of 36
public health and safety risks of fire arc—pa i .lnrla R e.immediate warning of fire a
rtatifieation to the Fire Distriet of the existenee and leeatieH of fire will serVe to FedUee the
possibility of death, injury and property damage in these struetures.
(6) The publie safety and welfare may neeessitate insWiation of an early warning fire a!
t b evaluated 1, the Fire Chief ieaeh in i ,id a ease.
City,(7) it is the goal and peliey of the as set forth in the Safety Elemerit of the General Plan,to
require installation of an early waming fire alafm systern as hereinafter-provided in this Seetion.Th
fthisC do n to sue nl .1 „lin
purpose _- _ _ _ implement v u111A NV11V-
(b) Mandatory requirement for installation of alar-m system.As a eendition for the granting
of design r- �al or a use permit or varianee under this Chapter-, the approving
fa.insl�ll ion of an early warning fire a4arm system in aeeordanee with Artiele 16 60
in Chapter 16 of this Code, .1 the eenneetion of sue system to a monitoring station in sueh manner
as r 'J
b. f ,a by
the C n nto n Fre D ntr et ,H 1, Vl the f f l l o „g
1 n
�
withinthe designated Wildlan1 Urb.AH THtoYfnno Fire Area.
(2) Any existing single family dwelling, eommer-eial strueture or eemmunity fiteility whieh is
expanded by fifty pereff or more in fleer area and is lecated within the designated ildiand Urban
inter—face Fire Area.
(3) All new single family dwell' r-eial struetwes and eernmunity faeilities haming—a
floor area in exeess of five thousandsquare foot
�.......
.l .1 b. fifty t floor 1 t�N1l+H /�� '11 .1 five
(4) Any existing single family dwelling, eammereial strueture or eommunity f4eility whieh is
expanded
moreareaint'TDY 11 VAFJLA �
J J r
thousand square foot in floor area.
(5) All new r-esidetAia4 struettifes elassified as "R"
Saratoga,oeeupaneies in the most reeent version of theCalifomia Building Code adopted by the City of
other-wise required to install the early warning a4arm systern under paragraphs (1), 7
(6) Any existing residential stfueture elassified as an "R"
as deseribed in subseetion(b)(5)of this 1
whieh is expanded by fifty per-cent or r-e in floe-rWhere an existing eorarnereial strueture or eorn unity faeility is remodeled or the use thereof is
ehanged7
feet,of five thousand square
or (2) regardless of size, is leea4e withi.n. 'ed WildlandUrban laterfaee Fire Area, then the Chief of the Fire Distriet having jurisdietion ever-the proj e
. . -e the insta4lation of an early waming fire alarm system in awordance with Aftiele 16
in Chapter 16 of this 7
and the eenneetion of sueh system to a monitoring station in sueh manne
as 11 'f .1 11 the Saratoga Fire Dintr ..t if the t t install 1 t
gull Baa � ,�
J r J -
Page 26 of 36
imposed,it shall be made a eondition of the design review approval or-use pefmit or-var-ianee under-
this Chapten The determination by the Fire Chief shall be based upon any one or- fner-e of the
followingeonsiderationR
(1) An oeeupant load a,�a�u fifty
(.-.) N.... vvaaaauviviva eooking operations.
til 14 .1 materials storage L,f ' 1, Y required.'t '
� �
(4) The-nrineip l useinvolves the eafe o fbuilding , .._t , eL as ay eafe
� r r
f 1't' for- hi 1r-en or- sen 't'
(d) DeteMiHatiOH of floor areaand fifty pereent expansion.
(1) As used in this Seetion,the tefm 11 11
7 but is not limited 7
offiee
/I
buildings,retail stores, 7 shops,and indust-Fial buildings,and the tefmeonununity
faeilivytl
ineludes, but is not limited to, sehools, theatres, ehtffehes, fneeting halls and eenfer-enee
eent.�T
( cnernrinmr6n-6f floor area iS-ccrdefined Chapter; and
(3) For-the pwposes of this Seetion,any expansion shall be eonsider-ed as equaling or-emeeedi
the fifty pefeent limit where the work of eonstruetion or- i ' t is done at differepA tk*e
intervals requiring two or mofe building permits,within a peried of five years after eomple4ion of I
fifst impr.-ovement,where although eaeh is for-apr-qjeet eneo . . - expansion of less than fifty
,,,bvaaavu<;.�e with other- expanst ,1 the five ye-ar
r ,
period of ti the amount of floor- area of the stmettife by fifty per-eent or- more of that
amotin4 whieh existed inunediately prior-to the eommeneement of the first of the sever-a!expansio
27. Compliance with and recordation of conditions of approval
15-80.120 Compliance with and recordation of conditions of approval.
Conditions of approval designated as permanent or as remaining in effect for some
specified period of time shall be applied in accordance with their terms. Provided however,
that for€ef any parcel containing a structure that has been the subject of design review approval
pursuant to Article 15-45 or 15-46 of the Saratoga City Code and that has received final approval
from the Building Official executed on or after January 1, 2004, all new or modified structures,
impervious surfaces,or landscaping(including changes to finish contours of the site as shown on the
approved plans)built,installed,or otherwise implemented after 9:00 A.M.,November 22,2004 must
be consistent with conditions of approval attached to the prior design review approval which are
identified as permanent,or for which a term is specified,for such specified time period unless those
conditions have been modified as set forth below:} For the period of time between November 22,
2004 and November 22,2006,all conditions of approval shall be deemed to have been identified as
permanent.
[No changes to (a)through (d).]
Page 27 of 36
G. Amendments to Chapter 16
28. Early Warning Fire Alarm System
Article 16-60 EARLY WARNING FIRE ALARM SYSTEM
16-60.010 Findings; requirement for installation of alarm system.
(a) Findings and purpose The City Council finds and determines as follows:
(1) Utilization of current technology in the detection and warning of fire will significantly
enhance the level of protection from such hazard while at the same time maximizing the
effectiveness of existing equipment and facilities for emergency responses.
(2) Certain areas of the City have been designated as the Wildland-Urban Interface Fire
Area on the City's Wildland-Urban Interface Fire Area Map,which are defined as any land
covered with grass grain brush or forest which is so situated or is of such inaccessible
location that a fire originating upon such land would present an abnormally difficult job of
suppression or would result in great and unusual damage through fire or resulting erosion.
The response time of emergency equipment to calls for aid in the hazardous fire areas is
impaired due to the nonavailability of access to some portions of such areas, the existence of
steep narrow streets and roadways located in such areas.the lack of connecting streets and
roadways in such areas and the unusual topography of such areas. Further, the presence of
heavy vegetation in the Wildland-Urban Interface Fire Area increases the potential for the
rapid spread of any fire which may start in such areas,particularly during seasonal dry spells.
(3) A substantial portion of the new single-family dwellings being constructed in the Ci
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. Installation of an earl_
warning fire alarm system in accordance with the provisions of this Article is required as a
Page 28 of 36
condition for the granting of any building or other permit under this Chanter 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 de
Wildland-Urban Interface Fire Area
3) All new single-family dwellings.commercial structures and community facilities having
a floor area in excess of five thousand square feet
(4) Any existing single-family dwelling,commercial structure or community facility which
is expanded by fifty percent or more in floor area which,after such expansion,will exceed five
thousand square feet in floor area
(5) All new residential structures classified as "R" occupancies in the most recent version
of the California Building Code adopted by the City of Saratoga except R-3 occupancies which
are not otherwise required to install the early warning alarm system under paragraphs
3). or(4) above.
(6) Any existing residential structure classified as an "R" occupancy, except an R-3
occupancy as described in subsection(b)(5)of this Section,which is expanded by fifty percent
or more in floor area.
(c) Discretionary requirement for certain commercial structures and community facilities.
Where an existing commercial structure or community facility is remodeled 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-3 ith this
Article as a condition for the granting of any building or other permit under this Chanter 16
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
Page 29 of 36
"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 Chanter 15: and
(3) For the purposes of this Section, any expansion shall be considered as eaualing 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 encomnassin�
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.
(a) Where installation of an early waming fire a4afm system is required under-the Safe�Elemei#
of the General Plan or- . . ,of this Code, ineluding Seetion 14 25.110 of the S4divisien
Or-dinanee or- Seetion 15 000 of the Zoning > >
sueh early waming fire
alarm system sha4l be installed, operated, and main4ained in aeoer-danee with the provisions of
Ate.
proposed r o1„ ,,; permitapprova4 to be g-ran
under-the Subdivision Or-dinanee or the Zoning Or-dinanee,insta4lation of an early waming fire al
system in aecor-danee with the provisions of this Aftiele sha4l be required as a e0ndition for-
15-
80.090(b)(1) (5) (e) an (d) of this Code
16-60.020 Required components.
Each early warning fire alarm system installed pursuant to this Code shall be connected to a
monitoring station in such manner as may be specified by the Saratoga Fire District and shall be
installed,operated,and maintained in compliance with the applicable standards and requirements for
installation,operation and maintenance of the system,as established from time to time by resolution
of the Board of Fire Commissioners of the Saratoga Fire District. A copy of the latest adopted
standards and requirements shall be kept on file and made available to the public in the office of the
Community Development Department.
16-60.030 Plan check by Fire District.
(a) All documentation relative to the proposed installation shall be submitted to the Fire District
for approval.Where property is located within the jurisdiction of the Central Fire District,one copy
of such documentation shall be furnished to the Chief of such District and one copy of such
documentation shall also be furnished to the Chief of the Saratoga Fire District who shall determine
whether the installation will comply with the applicable standards for the proposed system. The
documentation shall include all plans, specifications, diagrams, data sheets, manufacturer's
recommendations, and other information and documents listed in the standards and requirements
adopted by the Saratoga Fire District,and such additional items pertaining to the proposed system as
may be requested by the District.Notwithstanding any other provisions of this Code,alternatives to
the adopted standards and requirements may be approved if the Chief of the Fire District having
jurisdiction over the property where an alternative is to be installed determines that such alternative
Page 30 of 36
will perform the early warning notification function as well or better than the adopted standards.The
Saratoga Fire District shall be furnished a copy of documentation for all approved alternate
installations.
(b) The Fire Districts may establish a fee for the plan checking services rendered pursuant to this
Section.
16-60.040 Qualifications and responsibilities of installer.
All early warning fire alarm systems shall be installed by a person holding a valid fire protection
engineering license, or a qualified and experienced contractor with a valid C-10 Electrical
Contractor's License issued by the California Contractors State License Board. All such systems
shall be installed in a workmanlike manner and in accordance with the specifications and standards
approved by the Fire District.Upon completion of the installation,the licensed installer shall instruct
the property owner, or his designated representative, in the use of the system and shall provide
applicable manufacturer's operating manuals.
16-60.050 Inspections by Fire District.
The Fire District having jurisdiction over the property shall be responsible for conducting
inspections and approving or disapproving any system installed in a structure pursuant to this
Article. The Fire Districts may establish a fee for the inspection services rendered pursuant to this
Section.The licensed installer shall provide the Fire District having jurisdiction with a set of as built
plans for the system.
16-60.055 Recorded notice of fire alarm system.
(a) Prior to the issuance of a certificate of occupancy or its equivalent for any improvements for
which an early warning fire alarm system has been required pursuant to this Code,a disclosure form
giving notice of such fire alarm system shall be recorded in the office of the Recorder of Santa Clara
County.The disclosure shall be signed by an authorized representative of the Saratoga Fire District
and shall contain the following information:
(1) The address and legal description of the property on which the early warning fire alarm
system has been installed.
(2) A general description of the fire alarm system, including the locations within the structure
where components of the system have been installed.
(3) A reference to the permit or other development approval granted by the City which required
installation and continued operation of the fire alarm system.
(4) The obligation of the property owner to maintain the fire alarm system in good condition and
repair.
(5) The obligation of the property owner to pay an administrative fee to the Saratoga Fire District
for monitoring the fire alarm system. If such fee also includes the cost of other services provided by
the District in connection with the early warning fire alarm system, the nature and extent of such
services shall be described in the notice.
Page 31 of 36
(6) The job title, address and telephone number of an authorized representative of the Saratoga
Fire District who may be contacted if the property owner requires any assistance or has any
questions concerning the early warning fire alarm system.
(b) With the written consent of the property owner,the Chief of the Saratoga Fire District or his
or her authorized representative may execute and record a disclosure notice containing the
information set forth in subsection(a) of this Section, for any property on which an early warning
fire alarm system has been or will be installed without the requirement for recordation of the
disclosure notice.
16-60.060 Voluntary installation.
Nothing contained in this Article shall prohibit any person from voluntarily installing and
maintaining an early warning fire alarm system as described in this Article in any type of building or
structure within the City, subject only to appropriate arrangement for such installation and
maintenance being made between the owner and the Chief of the Saratoga Fire District.
16-60.070 Violations; delegation of enforcement authority.
(a) 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.
16-60.080 Recorded notice of code violation.
(a) 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.
(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 hearing by the Board of Fire Commissioners of the Saratoga Fire
Page 32 of 36
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.
(e) 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.
29. Floodplain Management
16-66.080 Duties and responsibilities of the floodplain administrator.
The duties and responsibilities of the Floodplain Administrator shall include,but not be limited
to the following:
(a) Permit review. Review all development proposals to determine that:
(i) Permit requirements of this Article have been satisfied,
(ii) All other required State and Federal permits have been obtained,
(iii)The site is reasonably safe from flooding; and
(iv)The proposed development does not adversely affect the carrying capacity of areas where
base flood elevations have been determined but a floodway has not been designated.For purposes of
this Article, "adversely affects" means that the cumulative effect of the proposed development when
combined with all other existing and anticipated development will increase the water surface
elevation of the base flood more than one foot at any point.
(b) Review and use of any other base flood data.When base flood elevation data has not been
provided in accordance with Section 16-66.050(b), the Floodplain Administrator shall obtain,
review,and reasonably utilize any base flood elevation and floodway data available from a federal or
state agency,or other source,in order to administer Sections 16-66.090 through 16-66.140.Any such
information shall be submitted to the City Council for adoption.
(c) Notification of other agencies. Whenever a watercourse is to be altered or relocated, the
Floodplain Administrator shall:
(1) Notify adjacent communities and the California Department of Water Resources prior to
alteration or relocation;
(2) Submit evidence of such notification to the Federal Insurance Administration, Federal
Emergency Management Agency;
Page 33 of 36
(3) Require that the flood carrying capacity within the altered or relocated portion of said
watercourse is maintained-.Land
(4) Within six months of project completion or availability of information concerning an
increase or decrease in base flood elevation resulting from alteration or relocation of a
watercourse whichever comes first submit or assure that the permit applicant submits
technical or scientific data to FEMA for a Letter of Map Revision (LOMR).
(d) Documentation of floodplain development.Obtain and maintain for public inspection and
make available as needed the following:
(1) Certification required by Section 16-66.090(c)(1) (lowest floor elevations);
(2) Certification required by Section 16-66.090(c)(2) (elevation or floodproofing of
nonresidential structures);
(3) Certification required by Section 16-66.090(c)(3) (wet floodproofing standard);
(4) Certification of elevation required by Section 16-66.110 (subdivision standards);
(5) Certification required by Section 16-66.140(a) (floodway encroachments).
(e) Map determinations. Make interpretations where needed, as to the exact location of the
boundaries of the areas of special flood hazard, for example, where there appears to be a conflict
between a mapped boundary and actual field conditions. The person contesting the location of the
boundary shall be given a reasonable opportunity to appeal the interpretation as provided in Section
16-66.085
(f) Remedial action.Take action to remedy violations of this Article as specified in Section 16-
66.050(c).
30. Standards for Subdivisions
16-66.110 Standards for subdivisions.
(a) All preliminary subdivision proposals shall identify the flood hazard area and the elevation of
the base flood.
(b) All subdivision plans shall provide the elevation of proposed structure(s) and pad(s). If the
site is filled above the base flood elevation,the lowest floors pad elevations and lowest adjacent
rg ade shall be certified by a registered professional engineer or surveyor and provided to the
Floodplain Administrator.
(c) All subdivision proposals shall be consistent with the need to minimize flood damage.
(d) All subdivision proposals shall have public utilities and facilities such as sewer, gas,
electrical and water systems located and constructed to minimize flood damage.
(e) All subdivisions shall provide adequate drainage to reduce exposure to flood hazards.
Page 34 of 36
Section 2. Severance Clause.
The City Council declares that each section,sub-section,paragraph,sub-paragraph,sentence,clause
and phrase of this ordinance is severable and independent of every other section, sub-section,
paragraph,sub-paragraph,sentence,clause and phrase of this ordinance.If any section,sub-section,
paragraph, sub-paragraph, sentence, clause or phrase of this ordinance is held invalid, the City
Council declares that it would have adopted the remaining provisions of this ordinance irrespective
of the portion held invalid,and further declares its express intent that the remaining portions of this
ordinance should remain in effect after the invalid portion has been eliminated.
Section 3. California Environmental Quality Act
The proposed amendments and additions to the City Code are Categorically Exempt from the
California Environmental Quality Act(CEQA)pursuant to CEQA Guideline section 15061(b)(3).
CEQA applies only to projects which have the potential of causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment,the activity is not subject to CEQA. In
this circumstance,Staff is recommending amendments to the existing City Code 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.
Page 35 of 36
Following a duly notice public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on the 15th day of October,2014,and was
adopted by the following vote on November 5, 2014.
COUNCIL MEMBERS:
AYES: Mayor Emily Lo, Vice Mayor Howard Miller, Council Member Manny
Cappello, Chuck Page, Jill Hunter
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
Emily Lo
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST: �
1�.t 0 DATE: (> >v I
st 1 Bothelio
CITY CLERK
APPROVED AS TO FORM:
DATE: 1
Richard Taylor
CITY ATTORNEY
Page 36 of 36