HomeMy WebLinkAboutOrdinance 328 Amending MISC. City CodeORDINANCE NO. 328
AN ORDINANCE AMENDING CHAPTERS 2, 3, 12, 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. The City Council of the City of Saratoga held a duly noticed public hearing on June 17,
2015, 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 sections of the Saratoga City Code listed in Attachment A are amended as set forth in
Attachment A. 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., Wit). 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.
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.
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Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after its adoption.
Following a duly notice public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on June 17, 2015, and was adopted by
the following vote on July 1, 2015.
COUNCIL MEMBERS:
AYES: Mayor Howard A. Miller, Vice Mayor Manny Cappello, Council Member
Emily Lo, Mary -Lynne Bemald, Rishi Kumar
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
al Bothelio, CITY CLERK
APPROVED AS TO FORM:
Richard Taylor, CITY ATTORNEY
Howard A. Miller
MAYOR, CITY OF SARATOGA, CALIFORNIA
DATE:
DATE:
2
-711 / -)D
ATTACHMENT A TO AN ORDINANCE AMENDING CHAPTERS 2, 3, 12, 14, 15 AND 16
OF THE SARATOGA CITY CODE
The sections of the Saratoga City Code listed below are amended. 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., strikeout). 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.
1. Adoption of Section 2-10.190 concerning Subpoena Authority
2-10.190 — Subpoena Authority
a The Cit Council ma issue sub • oenas re • uirin : attendance of witnesses or • roduction
of books or other documents for evidence or testimon in an action or • roceedin
endin
before it
or an dele: ee of the Cit Council when issuance of the sub • oenas serves a valid
Ie • islative purpose. and when the witnesses or material subpoenaed are pertinent to the
sub'ect matter of a le islative investi:ation includin: but not limited to enforcement
proceedings.
b The Cit Council at the re uest of an •art to an enforcement hearin: ma
subpoena witnesses, documents and other evidence where the attendance of the witness or
the admission of evidence is deemed necessary by the City Council to decide the issues at the
hearin . All costs related to the sub • oena includin: witness and milea:e fees shall be borne
b
the
art re • uestin
procedures relating to the issuance of subpoenas in enforcement hearings. including the form
of the subpoena and related costs .
c) Subpoenas shall be signed b the ma or and attested b the Cit Clerk. The may be
served in the same manner as subpoenas are served in civil actions.
d) If anv person duly subpoenaed neglects or refuses to obe a subpoena. or, appearin;.
refuses to testi or answer anv questions which a ma'orit of the Cit Council decide proper
and • ertinent, the Mayor shall report the fact to a 'ud e of the Santa Clara Count Superior
Court.
the sub
oena. The Cit
Mana : er shall develo
olicies and
e The 'ud : e shall issue an attachment directed to the Santa Clara Count Sheriff
commandin
him to attach the
• erson and forthwith brin: him before the 'ud: e.
On return of the attachment and • roduction of the witness the 'ud: e has urisdiction.
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The ri : ht of a witness to • ur: e himself of the contem • t and the • roceedin : s • enalties
and • unishment shall be the same as if the contem • t had been committed in a civil trial in a
Superior Court.
2. Amendment of Section 2-20.050 concerning City Manager Contracting Authority
2-20.050 - Powers and duties of the City Manager.
The City Manager shall be the administrative head of the government of the City under the
direction and control of the City Council, except as otherwise provided in this Article. The City
Manager shall be responsible for the efficient administration of all the affairs of the City which
are under the City Manager's control. In addition to general powers as administrative head, and
not as a limitation thereon, the City Manager shall have the following powers and duties:
(a) -(h) No change.
(i) Expenditure control and contracting. No expenditure shall be submitted to or
recommended to the City Council except on approval of the City Manager or the City Manager's
duly authorized representative. The City Manager shall be responsible for the purchase of all
supplies and services for all the departments and divisions of the City in accordance with the
City purchasing policy and may accept approve and sign on behalf of the City grants in aRy
amount in accordance with the Cit donation • olic as a • • roved b resolution of the Cit
Council and exeGute approve and sign contracts or agreements with other public agencies
provided that such grants and agreements do not obligate expenditures by the City in excess of
twenty-five thousand dollars. The Cit Council ma dele: ate authorit to the Cit Mana: er to
si n an v particular grant. contract. or agreement ap • roved b the Cit Council which
obli : ates ex • enditures b the Cit in excess of twent -five thousand dollars.
(j)-(1) No change.
3. Amendment of Section 2-45.070 concerning City Manager Contracting Authority
2-45.070 - Authorization for purchase orders and contracts; emergencies.
(a) The Purchasing Officer is hereby authorized to issue purchase orders and award
approve and sign contracts for supplies or services where the cost thereof does not exceed
twenty-five thousand dollars.
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(b) Contracts or purchase orders for supplies or services involving a cost in excess of
twenty-five thousand dollars must be approved or awaked by the City Council. The City
Council ma dele: ate authorit to the Purchasin: Officer to si : n an • articular contract
a • • roved b the Cit Council for su
lies or services which obli:ates ex•enditures b the Cit
in excess of twenty-five thousand dollars.
(c) Notwithstanding subsections (a) and (b) of this Section or any other provision of this
Article, the Purchasing Officer may purchase supplies or services having a cost in excess of
twenty-five thousand dollars in the event of emergency requiring the immediate preservation
of the public peace, health or safety, and precluding action by the City Council. In such
instances, the Purchasing Officer shall submit to the City Council at its next succeeding meeting
a written report describing the circumstances of the emergency, the supplies or services
purchased, and the cost thereof.
4. Amendment of Section 3-15.070 concerning Hearing Officer and Board of Appeals
3-15.070 - Hearing Officer .
(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 and of such other
matters as may be subject to hearings by reference to this Section, there shall be and is
hereby established bet -14-a Hearing Officer
. The City
Council shall designate or appoint. in accordance with applicable law, one or more Hearing
Officers; the employment, performance evaluation, compensation, and benefits of a Hearing
Officer if an shall not be direct! or indirect) conditioned u • on the decisions of the
Hearin: Officer includin: but not limited to the amount of fines u • held b the Hearin:
Officer. Each appeal or other matter subject to hearing by reference to this Section shall be
heard and decided by the -a Hearing Officer
The Hearing Officer
shall render
all decisions and findings in writing to the parties.
Manager, Appeals to the Hearing Officer and +" el. shall be processed in accordance with
the provisions contained in Section 3-15.080 unless alternative procedures are established in
the Cit Code • rovisions : overnin : the matter that is the sub'ect of the hearin :. Rules of
procedure regarding the powers of a Hearing Officer and governing all hearings by a Hearing
Officer shall be ado • ted b resolution of the Cit Council and ma be amended in the same
manner from time to time. Copies of . - _ - - : • the rules of procedure currently in effect shall be de" vcrcd'to the City Manager
maintained by the City Clerk, who shall make them freely accessible to the public.
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(b) Neither the A Hearing Officer shall have any no authority relative to
interpretation of the administrative provisions of this Code nor 5.1141.1414e is a Hearing Officer of
the Board be empowered to waive requirements of this Code.
5. Amendment of Section 3-15.080 concerning Notice of Appeal Hearings
3-15.080 - Appeal of notice and order.
(a) Any person entitled to or receiving service under Section 3-15.040(b) of this Article may appeal
from any notice and order or any action of the City Manager under this Code by filing with the
office of the City Manager City Clerk a written appeal containing:
(1) A street address and a description sufficient for identification of the property and the
affected structures thereon.
(2) The names of all appellants participating in the appeal.
(3) A brief statement setting forth the legal interest of each of the appellants in the structure
or the property involved in the notice and order.
(4) A brief statement in ordinary and concise language of the specific order for curative action
protested, together with any material facts claimed to support the contentions of the
appellant.
A brief statement in ordinary and concise language of the relief sought and the reasons
why it is claimed the protested order for curative action should be reversed, modified or
otherwise set aside.
(5)
(6) The signatures of all parties named as appellants and their official mailing addresses for
recei • t of first class mail and overni • ht delivery of correspondence concernin • the
a • • eal and their e-mail addresses if the wish to received notices via e-mail.
(7) The verification (by declaration under penalty of perjury) of at least one appellant as to
the truth of the matters stated in the appeal.
(b) The appeal shall be filed within thirty days from the date of service of such notice and order
for curative action of the City Manager; provided, however that if the City Manager has
determined that the parcel of land or structure is in such condition as to make it immediately
dangerous to the life, limb, property or safety of the public or adjacent property and if the
notice and order of the City Manager so provides, such appeal shall be filed within ten days
from the date of the service of the notice and order of the City Manager.
(c) As soon as practicable after receiving the written appeal, the Hearing Officer or the Secretary
shall fix a date, time and place for the hearing of the appeal. Written
notice of the da time and • lace of the hearin : shall be served b the Cit Clerk b • ersonal
delive
or
re
ular mail to the parties to the hearing mailed at least 15 calendar da s prior to
the scheduled date of the hearin
. Email ma be used to accom • lish such service if i the
party has provided an e-mail address to the City Clerk and (ii) receipt of the e-mail is
acknowled • ed the party. If e-mail notice is not acknowled ed within 48 hours the Cit Clerk
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shall serve the notice b re_ular mail b 5:00 •.m. on the first business da followin
acknowledgement deadline.
(d) Failure of any person to file an appeal in accordance with this provision of this Code shall
constitute a waiver of the right to an administrative hearing and adjudication of the notice and
order or any portion thereof.
(e) Only those matters or issues specifically raised by the appellant and within the jurisdiction of
the Hearing Officer shall be considered in the hearing of the appeal.
Procedures for the conduct of the appeals hearing shall comply with the rules adopted the
(f)
pursuant to Section 3-15.070.
An • erson whose • ro • ert or actions are the sub'ect of a hearin and who fails to a • • ear at
the hearin
is deemed to waive the ri
ht to a hearin
and to an ad'udication of the issues
related to the hearin
• rovided that notice of the hearin : has been • rovided in accordance
with subsection (c) above.
h The Hearin _ Officer has the authorit to re • uire a res • onsible • erson to • ost a code
enforcement
erformance bond to ensure compliance with the Hearing Officer's Decision.
It is unlawful for a • art to a hearin _ before a Hearin _ Officer who has been served with a
co . of the final decision of the Hearin _ Officer to fail to com • I with the decision. Failure to
com • I with such decision ma in addition to an other remedies available be • rosecuted
as a misdemeanor or an infraction.
6. Amendment of Section 3-15.100 concerning Actions by the Hearing Officer
3-15.100 - Action by Hearing Officer .
If the Hearing Officer or Board of Appcals has upheld the City Manager's determination of
nuisance, and proposed abatement, the the City Manager to is authorized to
abate the nuisance. The decision of the Hearing Officer er-Beard-of Appeals shall include a finding
whether any attorneys' fees incurred by the prevailing party were reasonably and necessarily
incurred, provided, however, in no event shall an award of attorneys' fees to a prevailing party
exceed the amount of reasonable attorneys' fees incurred by the City. The Hearing Officer's
decision ma not be appealed to the Cit Council. Judicial review of a Hearing Officer's decision
may be sought pursuant to a timely petition for writ of administrative mandamus in accordance
with California Code of Civil Procedure section 1094.6.
7. Amendment of Section 3-25.080 concerning Form for Notice to Remove Graffiti
3-25.080 - Notice of intention to abate and remove graffiti—Form.
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(a) If a prior written consent pursuant to Section 3-25.070 has not been submitted to the City by
the current owner of the real property shown on the last equalized assessment roll of the
County or as known to the City Manager, the City Manager shall cause a notice of intention to
remove graffiti to be mailed by registered or certified mail to the owner of the real property
upon which graffiti has been unlawfully applied. The notice shall advise the following:
(1)
If consent to remove the graffiti is provided to the City by the owner, or by any person
authorized by the owner, within ten days of mailing the notice, the City shall remove the
graffiti at no cost to the owner.
(2) If the owner objects to removal of the graffiti by the city City and/or to the costs which
shall be assessed to the owner the owner may request a hearing
AppcoI5 pursuant to Section 3 '�0 3 15.070 of this Chapter by delivering to the office
of the City Manager within ten days of the mailing of the notice, a written request for a
hearing in the form described in the notice provisions of subsection (b) of this Section.
If within ten days of the mailing of the notice, the graffiti has not been removed and the
eity City has not received from the owner either a consent to remove the graffiti or a
written request for a die -hearing, then the Gity Cy shall be entitled to remove the
graffiti and assess the costs of administration and removal of the property owner.
(b) The notice of intention to remove graffiti shall be in substantially the following form:
NOTICE OF INTENTION TO ABATE
AND REMOVE GRAFFITI
(3)
Re: Graffiti at (property address)
As owner shown on the last equalized assessment roll of the real property located at
you are hereby notified that the undersigned had determined pursuant Section
3-25.010 of the Saratoga Code of the City of Saratoga that there exists upon said real property
certain graffiti which constitutes a public nuisance.
The City of Saratoga desires to remove the Graffiti as quickly as possible. If within ten (10)
days of the mailing of this notice you, or any person authorized by you, provides the City with
written consent to remove the Graffiti, the City shall remove the Graffiti at no expense to you
as the owner. If within ten (10) days of the mailing of this notice, the Graffiti has not been
removed and the City has not received from you written consent to remove the Graffiti, the
city shall determine the Graffiti a public nuisance and assess the costs of administration and
removal to you without a hearing.
If you object to the removal of the Graffiti from your property by the City and/or to the costs
which shall be assessed to you pursuant to the terms of this letter, you may request a hearing
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before the Board of Appcals a Hearing Officer appointed pursuant to Section 3 15.080 3
15.070 of the Code of the City of Saratoga by delivering to the City Manager within ten (10)
days of the mailing of this notice, a written request for a hearing setting forth the nature of
your objections.
You may appear in person at any hearing, or by any other responsible party or, in lieu
thereof, you may present a sworn statement of the reasons you object to the removal of the
graffiti from your property by the City and/or to the costs to be assessed. The sworn statement
must be delivered to the City Manager before the time set for the hearing.
If you desire the City to remove the graffiti from your property at no expense to yourself,
please provide written consent to the City on or before , 49920 A
consent form is included with this notice, for your convenience.
Notice mailed:
City Manager
City of Saratoga
8. Amendment of Section 3-30.090 concerning Administrative Hearings
3-30.090. - Administrative hearing.
(a) Administrative hearin • s shall be conducted by the Hearing Officer ap • ointed pursuant to
Section 3-15.070 of this Code.
(b) The hearings shall be attended by the Enforcement Officer and the Citee (and/or an
authorized representative of Citee) and conducted pursuant to reasonob a proccdurc
rules of procedure established in accordance with Section
3-15.070 of this Code.
(c) After considering all of the testimony and evidence submitted at a hearing, the Hearing Officer
shall issue an administrative order at the conclusion of the hearing or within fifteen days to
uphold or overturn the citation and shall state the reasons thereof. If the citation is upheld and
the violation has not been fully corrected as of the date of the hearing, the Hearing Officer
shall order correction thereof in the decision and state deadline(s) to complete such action(s).
The decision of the Hearing Officer shall be final. All fines shall become immediately due and
owing to the City in the full amount and if not paid may be collected as provided in this Code.
If a citation is not u • held the Cit shall return the fine de • osit in accordance with section 3-
30.080.
(d) The Superior Court is the sole reviewing authority and an appeal from a Hearing Officer's
decision is not appealable to the City Council. If a responsible person prevails on -appeal -after
.e -
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final judgment of the reviewing court, the City shall reimburse that person's fine deposit in
accordance with the court judgment. These monies shall be mailed to the responsible person
within thirty calendar days of the City's receipt of a notice of final judgment or ruling from the
Superior Court Clerk.
9. Amendment of Section 4-55.080 concerning Massage Permit Denial Appeals.
4-55.080 - Action by city manager on permit application; grounds for denial.
(a) -(k) No change.
(I) Appeal of denial of application for a permit. Upon the denial of an application for a permit,
the applicant may appeal through the following procedures:
(1) The applicant shall file a written request for an appeal hearing, which states the
specific grounds on which the decision of the City Manager to deny the permit is
contested, within ten days after service of the notice of the written decision, by
deposit of the notice, addressed to the holder of the permit, by certified mail
and/or by hand delivery. At the time of submitting the written request for an appeal
hearing, the applicant shall pay an appeal hearing fee, set forth in the City fee
schedule, to help defray in part the additional cost to the City. If the applicant does
not request an appeal hearing within the ten-day period, no further notice is
required and the application will remain denied.
(2) tn-efeler--t-e-14ea-r--a1111-dec-iel-e-appeals Appeals of denials of applications for permits
made by the City Manager shall be heard by the Hearing Officer appointed
pursuant to Section 3-15.070 of this Code. Hearings shall be attended by the City
Mana _ er and the a . • ellant and or an authorized re • resentative and conducted
pursuant to rules of procedure established in accordance with Section 3-15.070 of
this Code.,
thc Board. Copies of any rules or regulations adopted by the Board shall be
•
The dead Hearing Officer shall have no authority to waive requirements of this
Article.
(3) The a • • eal hearin : shall be set and noticed in accordance with Section 3-15.080 c
of this Code. As Soon as practicable after receiving thc written appcvl, the
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(4) Failure of an applicant to file an appeal in accordance with the provisions set forth
in this Section shall constitute a waiver of the right to an administrative hearing and
adjudication of the notice and order or any portion thereof.
(5) At the hearing both the appellant and the City shall have the right to appear and be
represented by counsel and to present evidence and arguments which are relevant
to the grounds for the appeal.
(6) Within ten d business days of the hearing, the Board Hearing Officer shall
issue a written decision which states whether the decision of the City Manager is
upheld, modified or reversed. The decision of the Beard Hearing Officer shall be
served on the appellant by certified mail, return receipt requested. The decision of
the gear Hearing Officer shall be final.
10. Amendment of section 12-15.050 concerning City Manager Contracting Authority
12-15.060 - Award of contracts.
(a) Contracts on which informal bids have been obtained pursuant to this Article shall be awarded
in accordance with the same policies and standards customarily followed by the City for public
projects requiring formal bids.
(b) The City Council may, by resolution, delegate to the City Manager or the Maintenance Director
or other designated employee of the City the authority to award and sign any particular
contract for which informal bids will be have been obtained pursuant to this Article.
11. Adoption of section 15-06.195 defining the term "Demolition"
15-06.195 Demolition
"Demolition" of a building means:
(a) removal or covering of more than fifty (50) percent of the exterior walls of an existing
structure so the walls no Ion _ er function as exterior walls and removal of more than fift
50 ercent of the existin : roof structure and exterior roof sheathin _ or
b) removal or covering of more than fift 50) percent of the exterior walls of an existin
structure so the walls no Ion er function as exterior walls and removal of more than fift
(50) percent of interior walls.
The exclusive removal of interior walls without any modification or removal of exterior
walls or any modification or removal of the existing roof structure and exterior sheathing
is not considered a demolition.
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12. Adoption of section 15-06.291 defining the term "Funeral Home"
15-06.291 Funeral Home
"Funeral Home" means an establishment with facilities for the preparation and servicing of
the dead for cremation or burial, for the viewing of the body. and for the hosting of funeral
services or end of life commemorations.
13. Adoption of section 15-06.449 defining the term "Mortuary"
15-06.449 Mortuary
"Mortuary" means Funeral Home
14. Amendment of section 15-06.480 defining the term "Office"
15-06.480 - Office.
(a) Professional office means a use providing professional or consulting services, including
therapists and healing arts professionals and other similar service providers that do not
create significant odors, noise, or medical waste. Examples of allowable professional
office uses are Acu • uncturists Traditional Ethnic Medicine Practitioners Ph sical
Thera • ist Ps cholo: ist Cranialsacral Thera • ist and Occu • ational Thera • ist.
(b) Administrative office means a use providing facilities for the conduct of management
and administrative functions of a business or other enterprise.
(c) Medical office means a use providing consultation, diagnosis, therapeutic, preventative,
or corrective personal treatment services by licensed/certified doctors, dentists, and
similar practitioners. Uses with the • rimar focus on the dis • ensin: and sale of
glasses, contact lenses, nutritional supplements, or medical devices and products are
not a medical office use.
15. Amendment of section 15-13.050(f) concerning calculating the volume of grading
Section 15-13.050(f)
(f) Grading. The combined cut and fill of any grading shall not exceed one thousand
cubic yards, including any excavation for a swimming pool and not including excavation
for a proposed basement, unless a larger quantity is approved by the Planning
Commission upon making all of the following findings:
(1) The additional grading is necessary in order to allow reasonable development of
the property or to achieve a reasonable means of access to the building site; and
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(2) The natural land forms and vegetation are being preserved and protected; and
(3) The increased grading is necessary to promote the compatibility of the
construction with the natural terrain; and
(4) The increased grading is necessary to integrate an architectural design into the
natural topography; and
(5) The increased grading is necessary to reduce the prominence of the construction
as viewed from surrounding views or from distant community views.
(6) No building site shall be graded so as to create a flat visible pad surrounding the
main residential structure.
16. Amendment of section 15-29.040 concerning noise mitigation fencing
15-29.040 - Fencing to mitigate noise from certain arterial streets.
(a) For the purpose of noise mitigation, a solid fence, or other type of fence permitted by this
Article, exceeding the height otherwise prescribed in this Article as the limit for such fence
may be located within any required setback area abutting Prospect Road,
Saratoga/Sunnyvale Road, Quito Road, the portion of Saratoga Avenue between Fruitvale
Avenue and Lawrence Expressway or the portion of Cox Avenue between
Saratoga/Sunnyvale Road and Saratoga Avenue, or any other roadway if the fence was
s • ecificall a . . roved b the Plannin : Commission in accordance with the Saratov a Cit
Code, upon the issuance by the Community Development Director of a fence permit and
subject to the following provisions:
(1) Where the fence is located within an exterior side setback area or rear setback area
abutting one of the arterial streets specified herein, the fence shall not exceed eight feet
in height at the property line, plus one additional foot in height for each additional five
feet of setback from the property line, up to a maximum height of ten feet if the fence is
still located within a required setback area.
(2) Where the fence is located within a front setback area abutting one of the arterial
streets specified herein, the fence may be located no closer than ten feet from the front
property line and shall not exceed eight feet in height, plus one additional foot in height
for each additional five feet of setback from the front property line in excess of ten feet,
up to a maximum height of ten feet if the fence is still located within the required front
setback area.
(3) Where a street line is located within a site, the location and setback of the fence as
specified in subsections (a)(1) and (2) of this Section shall be determined by the street
line rather than the property line.
(4) The applicant shall landscape and permanently maintain an area parallel to and along
the entire exterior side of the fence facing the street, in accordance with a landscape
plan approved by the Community Development Director. All or any portion of such area
may be located within the public right-of-way, subject to approval by the Community
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Development Director. The landscaped area required herein shall be not less than five
feet in width, except that where the available space between the fence and the interior
edge of the sidewalk, or the edge of the street pavement where no sidewalk exists, is
less than five feet, the Community Development Director may approve a landscape area
of not less than two feet. Prior to issuance of the fence permit, a landscape
maintenance agreement shall be executed by the applicant and recorded in the office of
the County Recorder, which agreement shall constitute a covenant running with the
land.
(5) The design of the fence shall be subject to approval by the Community Development
Director, based upon a finding that the fence is compatible with existing or proposed
structures on the site and upon neighboring properties.
(6) No permit shall be issued if the Community Development Director finds that the fence
will constitute a hazard for vehicular or pedestrian traffic or will otherwise be
detrimental to the public health, safety or welfare.
(b) Applications for a fence permit under this Section shall be filed with the Community
Development Director on such form as he shall prescribe, and shall be accompanied by a
processing fee in such amount as established from time to time by resolution of the City
Council.
17. Amendment of section 15-45.065 concerning Administrative Design Review
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.
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(6)
Any new or
replacement structure that results from a demolition as defined by Section 15-
06.195
An sin:le-sto addition to an existin: structure in excess of 18 feet on a site
where the existing cumulative floor area of all structures on the site is more
than six thousand square feet.
(8) Any single -story addition to an existing single -story structure in excess of 18
feet in hei : ht can be a • • roved as an administrative desi: n review unless
specifically required by Section 15-45.060.
(b) -(d) — No change.
18. Amendment of section 15-45.070(a)(2) concerning Administrative Design Review Application
Contents
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) [No change]
(2) Any application that proposes new construction two feet or closer to a required
setback area shall include a boundary survey for planning review. and a setback
certification and pad height certification letter during building permit review, each
signed by a State 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). The
setback and height certification letter may be submitted after the initial application but
in no event later than the foundation inspection.
(3)- (14) [No change]
19. Amendment of section 15-45.090 concerning expiration of design review approval
15-45.090 - Expiration of design review approval; extension; tolling of time period.
(a) Notwithstanding subsections (b) a4 through(ed) of this Section, each design review
approval granted pursuant to this Article shall expire thirty-six months from the date
on which the approval became effective, unless prior to such expiration date a building
permit is issued and construction commenced.
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(b) If a building permit is issued and expires, and the Building Department does not renew
the building permit within one hundred eighty days after expiration, the design review
approval shall concurrently expire on the one hundred eightieth day after the building
permit expiration.
(c) If an application is made for a modification to the project that increases the floor area
by more than twenty percent or changes the approval process, then the previously
issued design review approval shall expire upon the filing of the application for
modification.
(d) A design review approval may be extended for a single period of twelve months by the
Community Development Director. Any application for extension shall be filed prior
to the expiration date with a statement of reasons for the request, and shall be
accompanied by the payment of a fee in such an amount as established from time to
time by resolution of the City Council. Extension of design review approval is not a
matter of right and the Director of Community Development may deny the application
or grant the application subject to conditions.
20. Adoption of section 15-65.055 concerning non -conforming parking
15-65.055 Residential properties with substandard parking
Notwithstanding any other provisions of this Article, existing residential structures and uses
which are only nonconforming with respect to the parking requirements of Section
15.35.030 may be repaired. altered, reconstructed, or expanded as noted below:
(a) Structures on a residential property with an existing one -car garage may be repaired,
altered, reconstructed, or expanded with a building permit application provided that a
design review approval is not required by Sections 15.45.60 or 15-45.065.
(b) Structures requiring design review approval must comply with the parking requirements
of Section 15.35.030.
21. Amendment of section 15-80.035 concerning calculating the volume of grading
15-80.035 - Requirements for basements and lightwells.
The following requirements shall apply to basements in any A, R-1, HR, R -OS or R -M district,
with the exception of requirements in subsections (d) and (e) of this Section, which shall apply
to all districts:
(a) -(d) — No change.
(e) Applicant shall submit to the Planning Department a grading and drainage plan stamped
and signed by a registered civil engineer. Water collected from a basement shall either
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be transported to a nearby city storm drain inlet or to another drainage facility. The
method of drainage shall be reviewed and approved by the Community Development
Director. Disposition and treatment of on-site storm water shall be consistent with the
requirements of the Santa Clara Valley Urban Runoff Pollution Prevention Program
(NPDES requirements). The size of a proposed basement may be limited based on
drainage issues or issues raised in the geologic and geotechnical reports. The cut and fill
volumes associated with a proposed basement shall not be included in the total
re • uired cut and fill grading calculations reauired to be documented for the pro • ert .
22. Adoption of Section 16-05.020 concerning appeals of Building Official decisions.
16-05.020 — Building Appeals
675855.4
The Cit Council shall hear and act u • on a • • eals from determinations b Cit buildin
officials concerning the suitability of alternate materials and methods of construction and
• uestions of inter • retation arisin : under the Uniform Buildin _ Code the Uniform
Mechanical Code. the Uniform Electrical Code. the Uniform Plumbing Code and the
Uniform Fire Code, as these codes may be amended from time to time and shall act as the
Housing Appeals Board and the Local Appeals Board as those terms are used in Health
and Safety Code sections 19720.5 and 19720.6.
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