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HomeMy WebLinkAboutOrdinance 294 Misc Code Amendments and Code ReadoptionORDINANCE NO. 294 AN ORDINANCE AMENDING CHAPTERS 2,10,14,15, AND 16 AND READOPTING THE SARATOGA CITY CODE THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN 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 of the 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 and the Commission, after a duly noticed public hearing on June 13, 2012, recommended adoption of the updates to Chapter 15. 3. Section 1.A of this ordinance presents amendments to Chapter 15. Section 1.B presents amendments to other sections of the Code required to conform to the amendments set forth in section 1.A. Section 1.0 includes amendments to other provisions of the City Code concerning parliamentary procedure, the meeting time of the Planning Commission, the powers of the City Manager, and special event permits. Section 1.D readopts the remainder of the Code in its entirety. 4. The City Council of the City of Saratoga held a duly noticed public hearing on July 18, 2012, 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 ordains 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., strikeout). Text in standard font remains unchanged by this ordinance. A. Amendments to Chapter 15 Concerning Zoning Regulations 1. Amendment to Definition of Sign 15-06.610 - Sign. See Section 15-30.020 in this Chapter for all definitions related to signs., sign area, sign height, sign program, illuminated sign, and free standing sign, portable sign, identification sign, sign, special event sign and subdivision sign. 1 • 2. Amendment to Definition of Corner 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 (2) or more streets, or bounded on two (2) or more connected sides by street lines. abutting the intersection of two or illustrated in Figure 1. DELETE IMAGE l..y� tl • Mfs... t • I..i.. R...64. ...:. .i...,.i (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 corridor access shall be measured from the frontage line to the nearest point of intersection with that property line parallel or most nearly parallel to the frontage 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. 2 (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. 3. Amendment to Building Permit Requirement for Solid Fences Exceeding Six Feet in Height 15-29.010 - Height restrictions. (a) General regulations. A building permit shall be required for any solid fence more than six feet in height. (including lattice or similar material). Height maximums and permitted materials for fences shall be as follows: (1) Solid fences. Except as otherwise specified in this Article, no solid fence shall exceed six feet in height. However, up to two feet of lattice (or similar material) that is at least twenty-five percent open to the passage of light and air may be added to the top of a solid fence. A solid fence taller than six feet shall not be permitted unless approved by the Planning Commission through the exception process detailed in {Section} section 15-29.080, or approved by the Community Development Director pursuant to sections 15-29.030, 15-29.040, or 15-29.050 of this Chapter. (2) Open fences. Except as otherwise specified in this Article, open fencing, such as wrought iron, wire material, split rail, chain link, or other similar fencing shall not exceed eight feet in height. With the exception of chain link fencing, open fencing shall have openings sufficient to allow the unobstructed passage of a sphere having a diameter of four inches. For chain link fencing, the opening shall be two inches at minimum and no slats are allowed in any opening. (b) Front setback area. No fence located within any required front setback area shall exceed three feet in height. (c) Exterior side setback area of reversed corner lots. No fence located within any required exterior side setback area of a reversed corner lot shall exceed three feet in height. (d) {Exceptions.} The height limitations do not apply to the following circumstances: (1) Wrought iron entrance gates within the front setback area, designed with openings to permit visibility through the same, may extend to a height not exceeding five feet, and shall be located a minimum of twenty feet from the edge of street pavement. (2) Safety railings that are required by the California Building Code shall be excluded from the height requirements of this Section. (3) Pedestrian entryway elements, such as arbors and trellises, when attached to a fence within a front setback area or within an exterior side setback area, may be permitted to a maximum height of eight feet, a maximum width of five feet, and a maximum depth of five feet. 3 (4) On any lot where the front setback area, or a portion thereof, of the subject property: (1) does not have street frontage as defined by Section 15-06.290; and (2) the front lot line, or a portion thereof, of the subject property abuts the side or rear setback area of an abutting property, the maximum permitted fence height for a side or rear setback area shall be permitted within the front setback area of the subject property where it abuts the side or rear setback area of an abutting property. (e) Street intersections. No fence, hedge, retaining wall, entryway element, pilaster, gate, or other similar element located within a triangle having sides fifty feet in length from a street intersection, as measured from intersecting curblines or intersecting edges of the street pavement where no curb exists, shall exceed three feet in height above the established grade of the adjoining street. (f) Driveway intersections. No fence, hedge, retaining wall, entryway element, pilaster, gate, or other similar element located within a triangle having sides twelve feet in length from either side of a driveway where it intersects with edge of pavement shall exceed three feet in height above the established grade of the adjoining street. Protected trees described in section 15- 50.050 of this Code are not subject to this requirement. (g) Vehicular obstructions. No fence, hedge, retaining wall, entryway element, or any other similar element shall constitute an obstruction as provided for in City Code Section 10-05.030 (h) Recreational courts. Fencing around recreational courts shall comply with the regulations contained in Section 15-80.030(c) of this Chapter. (i) Pilasters. Pilasters constituting a part of a fence, in reasonable numbers and scale in relationship to the nature and style of the fence, may extend to a height of not more than two feet above the height limit applicable to the fence containing such pilasters, but in no case shall the height of pilasters exceed eight feet. If pilasters within the front setback area are attached to a wrought iron entrance gate, the pilasters are permitted to a maximum height of seven feet. 4 (j) Light fixtures. The height of a fence shall not include light fixtures mounted thereon at the entrance of driveways and sidewalks leading into a site. Not more than two such light fixtures shall be installed at each driveway and sidewalk entrance. (k) Swimming pool fences. Fences required for swimming pools are governed by City Code Sections 16-75.010 and 15-29.020(e). (1) Retaining walls. No retaining wall shall exceed five feet in height. Notwithstanding the foregoing, no retaining wall located in a front or exterior side setback area shall exceed three feet in height. 4. Amendment to Parking Requirement for Bicycles 15-35.045 - Schedule of bicycle parking. Off-street bicycle parking for new development shall be provided in accordance with the following schedule: Use Spaces Class Retail establishments and financial institutions in all commercial 1 per 2,000 sq. ft. 2 districts with the exce . tion of the C -H zonin • district. 5. Amendment to Design Review Findings Pertaining to Protected Trees 15-45.080 - Design review findings. The Planning Commission shall not grant design review approval unless it is able to make the following findings: (a) Avoid unreasonable interference with views and privacy. The height, elevations and placement on the site of the proposed main or accessory structure, when considered with reference to: (1) The nature and location of residential structures on adjacent lots and within the neighborhoods; and (2) Community view sheds will avoid unreasonable interference with views and privacy. (b) Preserve natural landscape. The natural landscape will be preserved insofar as practicable by designing structures to follow the natural contours of the site and minimizing tree and soil removal; grade changes will be minimized and will be in keeping with the general appearance of neighboring developed areas and undeveloped areas. (c) Preserve protected, native and heritage trees. All heritage trees (as defined in Section 15-50.020(1)) will be preserved. All protected and native trees as defined in designated for Section 15-50.050 will be preserved, or, given the constraints of the 5 property, the number approved for removal will be reduced to an absolute minimum. Removal of any smaller oak trees deemed to be in good health by the City Arborist will be minimized using the criteria set forth in Section 15-50.080 (d) Minimize perception of excessive bulk. The proposed main or accessory structure in relation to structures on adjacent lots, and to the surrounding region, will minimize the perception of excessive bulk and will be integrated into the natural environment. (e) Compatible bulk and height. The proposed main or accessory structure will be compatible in terms of bulk and height with (1) existing residential structures on adjacent lots and those within the immediate neighborhood and within the same zoning district; and (2) the natural environment; and shall not (1) unreasonably impair the light and air of adjacent properties nor (2) unreasonably impair the ability of adjacent properties to utilize solar energy. (f) Current grading and erosion control methods. The proposed site development or grading plan incorporates current grading and erosion control standards used by the City. (g) Design policies and techniques. The proposed main or accessory structure will conform to each of the applicable design policies and techniques set forth in the Residential Design Handbook and as required by Section 15-45.055 6. Amendment to Temporary Use Permit Requirements (Sections 15-60.010 and 15-60.020 only) 15-60.010 - Temporary uses allowed by permit. (a) For the purposes of this Article, the term "temporary use" means an activity described in subsection (b) of this Section, whether profit or non-profit, conducted on public or private property for a limited period of time. If such time does not exceed ten consecutive days or a total of ten days within a thirty -day period, the application may be acted upon and a temporary use permit issued by the Community Development Director; otherwise, the application shall be acted upon by the Planning Commission. (b) The following described temporary uses may be permitted in any zoning district in the City upon the prior obtaining of a temporary use permit pursuant to this Article: (1) Art shows. (2) Craft shows. (3) Antique shows. (4) Outdoor sales on public or private property. (5) Tours of heritage resources, as designated pursuant to Chapter 13 of this Code. (6) Home tours. 6 (7) Fundraising activities conducted on a residential site for artistic, cultural, educational or political purposes. (8) Additional temporary uses added by the Planning Commission in accord with Section 15-60.050 15-60.030 - Issuance of use permit; conditions. (a) The Community Development Director or the Planning Commission, as the case may be, may grant a temporary use permit upon a finding that the temporary use is compatible with the purposes and objectives of this Chapter, and in doing so shall impose such reasonable conditions as circumstances may require, including, but not limited to, the following: (1) A refundable clean-up deposit, in such amount as may be appropriate. (2) Limitation on the length of time, the days of the week, and the hours of the day during which the activity may be conducted. (3) Approval by the County Health Department if food is to be sold in connection with the activity. (4) Approval by the Chief of the Fire District in which the activity will be conducted if such activity involves any risk of fire, explosion, or other similar hazard. (5) Approval by the Sheriffs Department if the activity requires any traffic or crowd control or involves any potential threat to the public safety. (6) Provision for sanitary facilities. -- - e, number, location and duration of temporary signs advertising the activity. (b) The Community Development Director or the Planning Commission may deny any application which is detrimental to the public health, safety or welfare or which is in conflict with the objectives of this Chapter. Approval for the identical use by the same applicant shall not be given more than once in a twelve-month period. 7. Amendment to Setback Requirement for Accessory Structures Located within Rear Setbacks 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: 7 (a) Stables and corrals. Subject to approval by the Community Development Director, no stable or corral, whether private or community, shall be located closer than fifty feet from any property line of the site, or closer than fifty feet from any dwelling unit or swimming pool on the site. In the HR district, 110 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. Subject to approval by the Community Development Director, 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 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. (c) Recreational courts. Subject to approval by the Community Development Director, recreational courts may be allowed, provided that such recreational courts shall comply with all of the following restrictions, standards and requirements: (1) The recreational court shall not exceed seven thousand two hundred square feet in area. (2) The recreational court shall not be illuminated by exterior lighting. (3) No direct opaque screening shall be utilized around any portion of the recreational court. (4) No fencing for a recreational court shall exceed ten feet in height. (5) No recreational court shall be located in a required front or side setback area. Such courts may be located within a required rear setback area, but no closer than fifteen feet from any property line. (6) The natural grade of the area to be covered by the recreational court shall not exceed an average slope of ten percent, unless a variance is granted pursuant to Article 15-70 of this Chapter. (7) The recreational court shall be landscaped, in accordance with a landscape plan approved by the Community Development Director, so as to create a complete landscaping buffer from adjoining properties within two years from installation. In addition, a bond, letter of credit or other security, in such amount as determined by the Community Development Director, shall be furnished to the City to guaranty the installation of the landscaping improvements in accordance with the approved landscaping plan. 8 (8) The recreational court shall be designed and located to minimize adverse impacts upon trees, natural vegetation and topographical features and to avoid damage as a result of drainage, erosion or earth movement. (9) The recreational court shall be designed to preserve the open space qualities of hillsides, creeks, public paths, trails and rights-of-way on or in the vicinity of the site. (d) Enclosed accessory structures. No enclosed accessory structures shall be located in any required setback area of any lot, except as follows: (1) Upon the granting of a use permit by the Planning Commission pursuant to Article 15-55, cabanas, garages, carports, recreation rooms, hobby shops and other similar structures may be located no closer than six feet from a side property line and the rear property line of the rear setback area and shall not exceed eight feet in height, plus one additional foot in height for each three feet of setback from the rear property line in excess of six feet, up to a maximum height of ten feet if the structure is still located within the required rear setback area. (2) Subject to approval by the Community Development Director, garden sheds, structures for housing swimming pool equipment and other enclosed structures of a similar nature, not exceeding two hundred fifty square feet in floor area, may be located no closer than six feet from a side property line and the rear property line of the rear setback area and shall not exceed six feet in height, plus one additional foot in height for each additional foot of setback from the rear property line in excess of six feet, up to a maximum height of ten feet if the structure is still located within the required rear setback area. This subsection shall not apply to any structure intended or used for the keeping of animals. (e) Unenclosed garden structures. Subject to approval by the Community Development Director, unenclosed garden, ornamental and decorative structures such as gazebos, lattice work, arbors and fountains, free-standing fireplaces and play structures may be located no closer than six feet from a side or rear property line and shall not exceed eight feet in height, plus one additional foot in height for each additional foot of setback from the side and rear property line in excess of six feet, up to a maximum height of ten feet if the structure is still located within a required side or rear setback area. (f) Solar panels. Solar energy systems do not require any discretionary approval unless the Building Official has a good faith belief that the solar energy system could have a specific, adverse impact upon the public health and safety, in which case a solar energy system use permit is required. Applications for such permits shall be acted upon by the Community Development Director in accordance with California Health and Safety Code 17959.1. (g) Outdoor cooking devices. Subject to approval by the Community Development Director, permanent outdoor cooking devices, such as those constructed out of brick or masonry, may be located no closer than six feet from the rear property line and shall not exceed eight feet in height. (h) Accessory structures in R -M district. Notwithstanding any other provisions of this Section and subject to approval by the Community Development Director, accessory structures 9 not exceeding fourteen feet in height may be located in a required rear setback area in any R -M district, provided that not more than fifteen percent of the rear setback area shall be covered by structures, and provided further, that on a reversed corner lot, an accessory structure shall not be located closer to the rear property line than the required side setback area on the abutting lot and not closer to the exterior side property line than the required front setback area of the abutting lot. (i) Referral to Planning Commission. With respect to any accessory structure requiring approval by the Community Development Director, as described in subsections (a) through (h) of this Section, the Director may refer the matter to the Planning Commission for action thereon whenever the Director deems such referral to be necessary or appropriate. (j) Exceptions to standards. The Planning Commission shall have authority to grant exceptions to any of the regulations set forth in subsections (a) through (h) of this Section pertaining to the size, height or required setback of an accessory structure in a side or rear setback area, through the granting of a use permit for such accessory structure pursuant to Article 15-55 of this Chapter. The Planning Commission's authority shall not be subject to any quantified limitations contained in subsections (a) through (h), except subsection (d)(1) which already establishes quantified limitations on a use permit issued by the Planning Commission. The Planning Commission's authority shall not extend to allowing an accessory structure in a setback area where it is not expressly allowed under subsections (a) through (h). (k) Emergency or stand-by generators. No emergency or stand-by generator shall be allowed between the lot line and any required front, side or rear setback area setback line. All emergency or stand-by generators shall be required to meet all applicable requirements of the City Code including Article 7-30 concerning noise. Outside a required front, side, or rear setback area, an emergency or stand-by generator may be permitted upon the granting of a conditional use permit from the Planning Commission. Any application for such a permit must be accompanied with information from the manufacturer documenting the noise generation characteristics of the generator. A noise assessment study shall be prepared by a qualified acoustical consultant for all proposed generators. The noise assessment study shall confirm the generator meets all applicable requirements of the City Code including Article 7-30 concerning noise. This restriction shall not apply to generators for which the owner provides evidence of installation prior to July 1, 2004, provided, however, that removal of nonconforming generators may be required as a condition of approval for any design review application involving expansion or reconstruction of more than fifty percent of the main dwelling, as described in Article 15-45. (1) Heating, ventilation and air conditioning (HVAC) mechanical equipment. No HVAC mechanical equipment shall be allowed between the lot line and any required front, side or rear setback line. [Delete Paragraph Break] HVAC mechanical equipment shall be required to meet all applicable requirements of the City Code including Article 7-30 concerning noise. This restriction shall not apply to HVAC equipment for which the owner provides evidence of installation prior to July 1, 2004, provided however, that removal of nonconforming HVAC equipment may be required as a condition of approval for any design review application involving expansion or reconstruction of more than fifty percent of the main dwelling, as described in Article 15-45. 10 8. Amendments to Early Warning Alarm System Requirements 15-80.090 - Early warning fire alarm system. (a) Findings and purpose. The City Council finds and determines as follows: (1) Utilization of current technology in the detection and warning of fire will significantly enhance the level of protection from such hazard while at the same time maximizing the effectiveness of existing equipment and facilities for emergency responses. (2) Certain areas of the City have been designated as the Wildland-Urban Interface Fire Area 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 City are larger structures, typically in excess of five thousand square feet with three -car garages. By reason of their size, a fire in these structures can be more difficult to extinguish. (4) The risk of fire to persons and property within multi -family dwellings and structures containing multiple sleeping units is proportionately greater because of the higher density of occupants. Immediate warning of fire and notification to the Fire District of the existence and location of fire will serve to reduce the possibility of death, injury and property damage. (5) Because commercial buildings and community facilities are public gathering places, the public health and safety risks of fire are particularly acute. Immediate warning of fire and notification to the Fire District of the existence and location of fire will serve to reduce the possibility of death, injury and property damage in these structures. (6) The public safety and welfare may necessitate installation of an early warning fire alarm system. in a commercial structure or community facility, depending upon the facts and circumstances to be evaluated by the Fire Chief in each individual case. (7) It is the goal and policy of the City, as set forth in the Safety Element of the General Plan, to require installation of an early warning fire alarm system as hereinafter provided in this Section. The purpose of this Section is to implement such goal and policy. (b) Mandatory requirement for installation of alarm system. As a condition for the granting of design review approval or a use permit or variance under this Chapter, the approving 11 authority shall require the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to a monitoring station in such manner as may be specified by the Saratoga Fire District, in each of the following cases: (1) All new single-family dwellings, commercial structures and community facilities located within the designated Wildland-Urban Interface Fire Area. (2) Any existing single-family dwelling, commercial structure or community facility which is expanded by fifty percent or more in floor area and is located within the designated Wildland- Urban Interface Fire Area. (3) All new single-family dwellings, commercial structures and community facilities having a floor area in excess of five thousand square feet. (4) Any existing single-family dwelling, commercial structure or community facility which is expanded by fifty percent or more in floor area which, after such expansion, will exceed five thousand square feet in floor area. (5) All new multi family dwellings and other new structures having multiple sleeping units including, but not limited to, hotels, motels, apartments, condominiums or other community housing projects, institutional facilities, townhouses and nursing homesresidential 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 (1), (2), (3) or (4) above. (6) Any existing multi family dwelling or other structure having multiple sleeping units such homesresidential 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 or the use thereof is changed, and such commercial structure or community facility either: (1) has a floor area in excess of five thousand square feet, or (2) regardless of size, is located within the designated Wildland-Urban Interface Fire Area, then the Chief of the Fire District having jurisdiction over the project, may require the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to a monitoring station in such manner as may be specified by the Saratoga Fire District. If the requirement to install an alarm system is imposed, it shall be made a condition of the design review approval or use permit or variance under this Chapter. The determination by the Fire Chief shall be based upon any one or more of the following considerations: (1) An occupant load increase of fifty percent or more. 12 (2) New commercial cooking operations. (3) Hazardous materials storage for which a permit is required. (4) The principal use involves the care or supervision of building occupants such as day care facilities for children or senior citizens. (d) Determination of floor area and fifty percent expansion. (1) As used in this Section, the term "commercial structure" includes, but is not limited to, office buildings, retail stores, restaurants, repair shops, and industrial buildings, and the term "community facility" includes, but is not limited to, schools, theatres, churches, meeting halls and conference centers. (2) The determination of floor area is as defined in this Chapter; and (3) For the purposes of this Section, any expansion shall be considered as equaling or exceeding the fifty percent limit where the work of construction or improvement is done at different time intervals requiring two or more building permits, within a period of five years after completion of the first improvement, where although each is for a project encompassing an expansion of less than fifty percent of increased floor area, but when combined with other expansions during the five-year period of time increase the amount of floor area of the structure by fifty percent or more of that amount which existed immediately prior to the commencement of the first of the several expansions. B. Amendments to Conform Other Code Sections to the Amendments Above 1. Amendment to Section 14-10.150 concerning definition of corner lot. 14-10.150 - 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 map which has been so recorded. (b) Corner lot means a lot situated at the intersection of two (2) or more streets, or bounded on two (2) or more connected sides by street lines abutting the intersection of two or more the street abutting the lot has an interior angle over the distance of any curve of one hundred thirty five degrees or less. (c) Interior lot means a lot other than a corner lot. 13 (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 applicable regulations of the Zoning Ordinance for site width. The length of a corridor access shall be measured from the frontage line to the nearest point of intersection with that property line parallel or most nearly parallel to the frontage 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. 2. Amendments to Section 14-25.110 Concerning Early Warning Alarm Systems 14-25.110 - Early warning fire alarm system. (a) Findings and purpose. The City Council finds and determines as follows: (1) Utilization of current technology in the detection and warning of fire will significantly enhance the level of protection from such hazard while at the same time maximizing the effectiveness of existing equipment and facilities for emergency responses. (2) Certain areas of the City have been designated as the Wildland-Urban Interface Fire Area on the City's Wildland-Urban Interface Fire Area Map, which are defined as any land covered with grass, grain, brush or forest which is so situated or is of such inaccessible location that a fire originating upon such land would present an abnormally difficult job of suppression or would result in great and unusual damage through fire or resulting erosion. The response time of emergency equipment to calls for aid in the Wildland-Urban Interface Fire Area 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 City are larger structures, typically in excess of five thousand square feet with three -car garages. By reason of their size, a fire in these structures can be more difficult to extinguish. (4) The risk of fire to persons and property within multi -family dwellings and structures containing multiple sleeping units is proportionately greater because of the higher density of occupants. Immediate warning of fire and notification to the Fire District of the existence and location of fire will serve to reduce the possibility of death, injury and property damage. 14 (5) Because commercial buildings and community facilities are public gathering places, the public health and safety risks of fire are particularly acute. Immediate warning of fire and notification to the Fire District of the existence and location of fire will serve to reduce the possibility of death, injury and property damage in these structures. (6) The public safety and welfare may necessitate installation of an early warning fire alarm system in a commercial structure or community facility, depending upon the facts and circumstances to be evaluated by the Fire Chief in each individual case. (7) It is the goal and policy of the City, as set forth in the Safety Element of the General Plan, to require installation of an early warning fire alarm system as hereinafter provided in this Section. The purpose of this Section is to implement such goal and policy. (b) Mandatory requirement for installation of alarm system. As a condition for tentative map approval under this Chapter, the advisory agency shall require the installation of an early warning fire alarm system in accordance with Article 16-60 in Chapter 16 of this Code, and the connection of such system to a monitoring station in such manner as may be specified by the Saratoga Fire District, in each case described in section 15-80.090(b)(1)-(5), (c), and (d) of this Code.of the following cases: Interface Fire Area. a floor area in excess of five thousand square feet. thousand square feet in floor area. • - - r new structures having multiple sleeping units including, but not limited to, hotels, motels, apartments, condominiums or other community as described in subsection (b)(5) of this Section, which is expanded by fifty percent or more in floor area. area in excess of five thousand square feet, or (2) regardless of size, is located within the 15 the project may require the installation of an early warning fire alarm system in accordance with . . station in such manner as may be specified by the Saratoga Fire District. If the requirement to install an alarm system is imposed, it shall be made a condition of tentative map approval under this Chapter. The determination by the Fire Chief shall be based upon any one or more of the (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. ('1) The principal use involves the care or supervision of building occupants such as day care facilities for children or senior citizens. (d) Determination of floor area and fifty percent expansion. (1) As used in this Section, the term "commercial structure" includes, but is not limited to, office buildings, retail stores, restaurants, repair shops, and industrial buildings, and the term "community facility" includes, but is not limited to, schools, theatres, churches, meeting halls and conference centers. (2) The determination of floor area is as described in Chapter 15. (3) For the purposes of this Section, any expansion shall be considered as equaling or exceeding the fifty percent limit where the work of construction or improvement is done at different time intervals requiring two or more building permits, within a period of five years after completion of the first improvement, where although each is for a project encompassing an expansions during the five y ar period of time incr ase the amount of floor ar of the structure by fifty percent or more of that amount which existed immediately prior to the commencement of the first of the several expansions. 3. Amendments to Section 16-47.040 Concerning Green Building Regulations Applicable to Single- Family and Multi -Family Dwellings. 16-47.040 - Private (nonpublic) building compliance. All covered projects shall demonstrate compliance with the following level of green building standards and submit application materials determined by the Community Development Director as sufficient to make such compliance determination: (a) Single-family and multiple -family dwellings. (1) Prior to issuance of a building permit, the applicant shall submit verification by a certified 16 the GreenPoint rating system New residential buildings shall comply with all mandatory measures in accordance with the California Green Building Standards Code. the specific categories as specified in the GreenPoint rating system. (b) Commercial, mixed-use, and community facility buildings. (1) Prior to issuance of a building permit, the applicant shall submit verification by the City building official that the building design will be fifteen percent more energy efficient than required by Part 6 of Title 24 of the California Code of Regulations using a State of California adopted performance method, as approved by the State Energy Commission. (2) Prior to issuance of a final occupancy inspection, the applicant shall submit verification by the project architect or engineer that the building was constructed per the approved energy efficiency requirements. 4. Amendments to Section 16-60.010 Concerning Installation of Alarm Systems 16-60.010 - Application of Article; requirement for installation of alarm system. (a) Where installation of an early warning fire alarm system is required under the Safety Element of the General Plan or any provision of this Code, including Section 14-25.110 of the Subdivision Ordinance or Section 15-80.090 of the Zoning Ordinance, or this Article, such early warning fire alarm system shall be installed, operated, and maintained in accordance with the provisions of this Article. (b) Where a proposed development does not require any form of permit or approval to be granted under the Subdivision Ordinance or the Zoning Ordinance, installation of an early warning fire alarm system in accordance with the provisions of this Article shall be required as a condition for the granting of any building or other permit under this Chapter 16 in each case described in section 15-80.090(b)(1)-(5), (c), and (d) of this Code., ach of the following cases: within a 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 arcma and is located within a dcsignatcd Wildland Urban Interface Fire Area. 17 (3) All new single family dwellings, commercial structures and community facilities having a floor area in excess of five thousand square feet. (1) Any existing single family dwelling, commercial structure or community facility which is expanded by fifty percent or more in floor area which, after such expansion, will exceed five thousand square feet in floor area. (5) All new multi family dwellings and other new structures having multiple sleeping units including, but not limited to, hotels, motels, apartments, condominiums or other community housing projects, institutional facilities, townhouses and nursing homes. (6) Any existing multi family dwelling or other structure having multiple sleeping units such as described in subsection (b)(5) of this Section, which is expanded by fifty percent or more in floor area. (7) When required by the Chief of the Fire District having jurisdiction over the project, an early warning fire alarm system shall be installed in an existing commercial structure or -d within a designated Wildland Urban Interface Fire Area. The determination by the Fire Chief shall be based upon any one or more of the following considerations: a. An occupant load increase of fifty percent or more. b. New commercial cooking operations. c. Hazardous materials storage for which a permit is required. As used in this Section, the term "commercial structure" includes, but is not limited to, office buildings, retail stores, restaurants, repair shops, and industrial buildings, and the term "community facility" includes, but is not limited to, schools, theatres, churches, meeting halls and conference centers. The determination of floor area is as described in Chapter 15. For the purposes of this the work of construction or improvement is done at different time intervals requiring two or more building permits, within a period of five years after completion of the first improvement, where although each is for a project encompassing an expansion of less than fifty percent of increased floor area, but when combined with other expansions during the five year period of C. Amendments to Other Provisions of the City Code 18 1. Amendment to Section 2-10.110 concerning Parliamentary Procedures. 2-10.110 - Procedure on ordinances, resolutions and other matters requiring action by City Council. In consideration of matters requiring action by the City Council, the following procedure shall be observed: (a) Sponsorship of ordinances. Ordinances prepared in accordance with Section 2-10.090 and resolutions and other matters requiring action by the City Council must be introduced and sponsored by a member of the City Council; except that the City Manager or City Attorney may present the same and any Council member may assume the sponsorship thereof by moving that such ordinance, resolution or other matter be adopted. (b) Reading of ordinances. An ordinance may be introduced by the reading of title only. All ordinances shall be read in full, either at the time of introduction or passage, except when, after reading the title, further reading is waived at the time of introduction or passage by the unanimous vote of the Council members present at the meeting. (c) Resolutions. Resolutions may be presented in written or oral form. Where written, the resolution need only be read by title and number prior to action thereon, and only the motion adopting it need appear in the minutes. Where oral, the same shall be stated in full by the moving party, and if adopted, shall either be transcribed in full in the minutes or thereafter be reduced to written form separate from the minutes, executed by the presiding officer and attested by the City Clerk. (d) Motion failing to receive second. A motion failing to receive a second can proceed with consideration and a vote on the motion without a second is at the Mayor's discretion. than be (e) Rejected motions and evenly split votes. The failure of passage of any motion before the City Council shall be deemed a denial of the motion; provided, however, a motion failing by reason of an evenly split vote at a meeting where four or less Councilmembers are present shall be agendized and voted upon at the next regular meeting of the City Council at which a quorum is present. If the motion fails for any reason (including an evenly split vote) at the subsequent meeting, then the same shall at that time be deemed a final denial by the City Council of the motion. (f) Motion for reconsideration. A motion to reconsider actions taken by the City Council can be made only by a Council member on the prevailing side, but may be seconded by any Council member. (1) A motion to reconsider the passage of an ordinance or the granting by the City Council of an application or request by any person for a permit, license, right, privilege, approval or contract shall be made only during the meeting at which the action was taken. If the motion is adopted, the action shall either be reconsidered at that meeting or agendized for the next regular meeting of the City Council at the discretion of the City Council. 19 (2) A motion to reconsider any action other than of the type described in subsection (0(1) of this Section, may be made at any time. If a motion to reconsider any other action is made and adopted at a subsequent meeting, the action to be reconsidered shall be agendized for the next regular meeting of the City Council unless a request for reconsideration has been included and specifically identified on the agenda for the meeting at which the motion is adopted, in which case the City Council may act on the matter to be reconsidered at such meeting. Nothing herein shall extend the statute of limitations applicable to any action taken by the City Council. (g) Recording motions in minutes. All motions shall be entered in the minutes, including motions failing for lack of a second, with the name of the Council member making the motion and, if a vote is taken thereon, the names of the Council members voting in favor of and in opposition to the motion. 2. Amendment to 2-15.040 Concerning the Time of Regular Planning Commission Meetings. 2-15.040 - Regular meetings. The regular meetings of the Planning Commission shall be held on the second and fourth Wednesday 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 Planning Commission or the meeting may be cancelled. The time of such meeting shall be 740 7:00 P.M., subject to modification by the Planning Commission, and the place shall be at City Hall in the Saratoga City Council Chambers. Any regular meeting may be cancelled by the Planning Commission upon announcement of such cancellation at the regular meeting preceding the meeting to be cancelled. 3. Amendment to Section 2-20.050 concerning City Manager Approval of Interagency Grants and Agreements. 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. 14e The City Manager shall be responsible for the efficient administration of all the affairs of the City which are under his the City Manager's control. In addition to his general powers as administrative head, and not as a limitation thereon, he the City Manager shall have the following powers and duties: (a) Law enforcement. It shall be the duty of the City Manager to enforce all laws, Code provisions and ordinances of the City, and he the City Manager shall have the powers of a peace officer. 14e the City Manager shall also see that all franchises, contracts, permits and privileges granted by the City Council are faithfully observed and the conditions, if any, thereof performed. (b) Repealed. 20 AO Authority over employees. The City Manager shall have It shall be the duty of the City Manager, and he shall have the and authority to control, order and give directions to all heads of departments and to subordinate officers and employees of the City under his the City Manager's jurisdiction through their department heads. (4) Power of appointment and removal. The City Manager shall have the duty to, and he -shall appoint, employ, remove, promote and demote any and all officers and employees of the City, subject to all applicable provisions of State law and the personnel ordinance as set forth in Article 2-40 of this Chapter, together with such personnel rules as may be adopted by resolution of the City Council. (e) Administrative reorganization of offices. It shall be the duty and responsibility of the City Manager to conduct studies and effect such administrative reorganization of offices, positions or units under his the City Manager's direction as may be indicated in the interest of efficient, effective and economical conduct of the City's business. (f4) Ordinances. It shall be the duty of the City Manager and he shall to recommend to the City Council for adoption such measures and ordinances as he the City Manager deems necessary. (g_e) Attendance at Council meetings. It shall be the duty of the City Manager to attend all meetings of the City Council unless he is excused therefrom by the Mayor individually, or the City Council. (hp Financial reports. It shall be the duty of the City Manager to keep the City Council at all times fully advised as to the financial condition and needs of the City. (ig) Budget. It shall be the duty of the City Manager to prepare and submit the proposed annual budget and the proposed annual salary plan to the City Council for its approval. (jll Expenditure control and contracting purchasing. No expenditure shall be submitted to or recommended to the City council except on approval of the City Manager or his duly authorized representative. The City Manager, and he 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 on behalf of the City grants in any amount and execute a ' reements with other s ublic a ' encies rovided that such • rants and a reements do not obligate expenditures by the City in excess of twenty-five thousand dollars. (ki) Investigations and complaints. It shall be the duty of the City Manager to make investigations into the affairs of the City and any department or division thereof, and to investigate any contract or the proper performance of any obligations of the City. Further, it shall be the duty of the City Manager to investigate all complaints in relation to matters concerning the administration of the City government and in regard to the service maintained by public utilities in the City, and to see that all franchises and permits granted by the City are faithfully performed and that the provisions and requirements thereof are observed. (Ia) Public buildings. It shall be the duty of the City Manager and he shall to exercise general supervision over all public buildings, public parks and all other public property which are under the control and jurisdiction of the City Council. 21 (mli Additional duties. It shall be the duty of the City Manager to perform such other duties and exercise such other powers as may be delegated to him from time to time by ordinance or resolution or other official action of the City council. 4. Amendments to Article 10-10 Concerning Special Event Permits Article 10-10 - SPECIAL EVENT PERMIT 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 jog following an established route over public highways, streets, alleys or sidewalks within the City. (c) Festival -Festivity means a fair, exhibition, ceremony, art show, program, celebration or other public assemblage of people for the conduct of an event festivity, 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) Special event means a parade, footrace or festival festivity that is likely either (1) to have 75 or more 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 - Permit required; prohibited activity. (a) No person shall hold, conduct, carry on or cause to be held, conducted or carried on any special event in the City without first having obtained from the City Council a permit to do so issued pursuant to this Article. (b) No person may engage in any of the following activities: (1) Participate in a special event for which a permit has not been issued. (2) Participate in a permitted special event in violation of the terms of the permit. (3) Participate in a permitted special event without the consent of the permittee. (4) Unlawfully ilnterfere with the orderly conduct of a permitted special event. 22 (5) Sell or offer for sale on public streets, sidewalks or rights-of-way any goods, wares or merchandise from vehicles, wagons, pushcarts, stalls, booths or other methods, during or in connection with a permitted special event, unless such sales activity is conducted pursuant to and in accordance with the terms and conditions of the special event permit and with the authorization of the permittee. 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_ permission is granted by the City • 1. The a , i licant demonstrates ' ood cause for a shorter time , eriod. The Ci Mana ' er shall not consider the view oint of the ermit a s . licant in determinin whether an a , licant has demonstrated ' ood cause- or 2. The s s ecial vent involv s onl non-commercial ex s ressive activi that i s rotected 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 ex , ressive activi shall be filed with the Ci at least two da s in advance of the ro . osed 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. (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 23 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 timeframe in which the signs will be erected. (124-) Method of notifying participants prior to the event of the terms and conditions of the permit. (132) 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 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. 10-10.040 - Investigation of application. (a) The City Manager shall transmit a copy of the application for review and comments by such of 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. (4) The State Highway Patrol. (5) The State Department of Transportation. (6) The County Health Department. (7) The City Community Development Department Service Officers. The foregoing persons 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 to return the application to the City Manager within twenty days. (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 - Factors to be considered in granting or denying a permit. 24 The Ci Man . ' er shall is ue a decision ' rantin ' or den in ' the . ermit within 35 da s of receiving a complete application, unless a shorter application period is permitted under Section 10-10.030(a)(1) or (2), in which case the City Manager shall issue a decision granting or denying the permit at least 24 hours before the proposed event. If the City Mana ' er denies th • ermit or ' r: nts it with conditions . er Section 10-10.070 the Ci Mana er must , rovide written fin in s ex i lainin • the decision. The Ci Mana ' er shall not consider the viewpoint of the permit applicant, the identity or associational relationships of the applicant, or any assumptions or predictions as to the amount of hostili which ma be arou • d in the s ublic b the event in determinin ' whether to • rant the permit, grant it with conditions, or deny the permit. In determining whether a permit should be issued, the City Manager Council shall consider the following factors: (a) Whether the special event will disrupt to an unreasonable extent the movement of other traffic or create any safety hazard as a result of such other traffic being stopped or diverted. (b) Whether sufficient police services can be provided to assure proper traffic control and the orderly conduct of the special event. (c) Whether the streets, roads and highways over which the special event will travel or on which it will be conducted are of sufficient size and construction to safely accommodate the number of participants and the size, height and weight of any vehicles, floats, equipment or animals participating in the event. (d) Whether the special event will interfere with any other public events to be conducted on the same day. (e) Whether the special event is likely to cause injury to persons or property or create an unreasonable disturbance of the peace. 10-10.060 - Permit for single event only. Only one special event shall be held. conducted or carried on under a single permit issued pursuant to this Article. 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: (1) The streets on which the festival will be conducted. (2) The number and location of booths, displays or other structures to be erected for the event and the design thereof. 25 (c) In the case of a parade or footrace: (1) The assembly area and the time of assembly. (2) The route to be followed and portions of streets to be traversed that may be occupied by the parade or footrace. (3) The number and type of vehicles, floats. bands, marching units, pieces of equipment and animals. (d) The nature and extent of any sales activity to be conducted upon public streets, sidewalks or rights-of-way. The holder of the special event permit shall issue to each vendor authorized to engage in such sales activity an identification card or other evidence of such authorization, which shall be displayed by the vendor to a law enforcement officer of the City or to any representative of the permittee requesting to inspect the same. (e) Number and location of sound amplifying devices and permitted level of amplification. (f) Number and location of persons required to control, direct and monitor the event. (g) Requirements and instructions for removal of any signs, equipment or structures erected or installed for the event and removal of litter and debris created in connection with the conduct of the event. (h) Requirements and instructions for the number, size, location, and removal of signs. 10-10.080 - Insurance. As a condition for issuance of a permit, the applicant 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 - Clean-up deposit. Prior to the issuance of a permit, the applicant shall deliver to the City a cash deposit in the amount of two hundred fifty dollars as a guaranty that the applicant will perform a final cleanup of all areas where the special event will be conducted. Such final cleanup shall be completed, to the satisfaction of the City Manager, within twenty-four hours after cessation of the event. If the applicant fails to complete the cleanup within such period of time or if the clean-up work is not performed to the satisfaction of the City Manager, the Manager may cause any necessary clean- up work to be performed and may utilize the security depositfor payment of any costs or expenses as may be incurred in connection therewith. In the event the clean-up cost exceeds the amount of the security deposit, the applicant shall be liable to the City for payment of such excess cost. Upon certification by the City Manager that the final cleanup has been satisfactorily completed, the clean-up deposit or any remaining balance thereof, shall be mailed to the applicant at his address shown on the application. 26 10-10.100 - Security and traffic control expenses. As a condition for issuance of a permit, the City Manager shall require the permittee to reimburse the City for all security, traffic control and law enforcement expenses incurred by the City in connection with the special event. 10-10.110 - Waiver of requirements. (a) The application fee required under Section 10-10.030(c), the liability and property damage insurance required under Section 10-10.080, the clean-up deposit required under Section 10-10.090 and the payment of security and traffic control expenses required under Section 10- 10.100, shall be waived or reduced by the City Manager if the event is conducted for the primary purpose of exercising the right of free speech pursuant to the First Amendment of the United States Constitution and Article 1, Sections 2 and 3 of the State Constitution, and the applicant demonstrates, to the satisfaction of the City Council that the applicant is unable to pay such fees and expenses and will not receive sufficient revenue from the conduct of the special event to do so. However, in no event shall a permittee for a non-commercial special event conducted for the primary purpose of exercising the right of free speech pursuant to the First Amendment of the United States Constitution and Article 1, Sections 2 and 3 of the State Constitution be required to provide or pay for the cost of public safety personnel who are present to protect event attendees from hostile members of the public or counter - demonstrators or for general law enforcement in the vicinity of the event. (b) In addition to the waivers prescribed in subsection (a) of this Section, the City Manager may, in his discretion, waive any of the requirements of this Article in whole or in part upon a showing of good cause for such waiver. After making the decision whether or not to grant such a waiver, the City shall issue a brief statement enumerating the reasons for granting or den in ' such a w . iver. The Ci ma not for the S ur S oses of determinin ' whether ' ood cause exists for such a waiver, consider the content of speech protected by the First Amendment of the United States Constitution or Article 1, Sections 2 and 3 of the State Constitution. When determining whether good cause exists to grant a waiver, the City shall consider: 1 The financial abili of the s ermittee to satis the re i uirements of sections 10- 10.030,10-10.080,10-10.090, and 10-10.100; (2) The likelihood that a permitted event will present a substantial risk of exposure to liabili for the Ci or its officers a • ents em i lo ees or volunteers. 10-10.120 - Transferability of permit. Any permit issued pursuant to this Article shall apply only to the permittee named therein and may not be transferred or assigned to any other person. 10-10.130 - Revocation of permit. 27 Any permit issued pursuant to this Article may be summarily revoked by the City Manager upon a determination that: (a) By reason of accident, disaster or other emergency, the safety of persons or property requires such revocation; or (b) A term, condition, restriction or limitation of the permit has been violated or is being violated; or (c) Due to changed circumstances, or the discovery of facts unknown to the City Manager at the time the permit was issued, the considerations for issuance of the permit are no longer valid or applicable. 10-10.140 - Violation of Article; penalties. The violation of any provision contained in this Article shall constitute a misdemeanor, subject to the penalties as set forth in Article 3 of this Code. D. Readoption of the City Code**** The Saratoga City Code set forth as Attachment A to this Ordinance is the City Code in effect and as of July 18, 2012 with the exception of amendments approved prior to that date that will take effect on or before August 18, 2012 and is hereby readopted in its entirety with the amendments set forth in sections I.A, I.B, and I.C, above. Attachment A includes editorial notes regarding the dates and manner of adoption of various Code sections; these notes are not adopted by this Ordinance and may be revised and updated as appropriate in the process of administering the publication of the 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 28 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. 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 August, 2012, and was adopted by the following vote on the 5th day of September, 2012. AYES: Council Member Manny Cappello, Emily Lo, Howard Miller, Vice Mayor Jill Hunter, Mayor Chuck Page NOES: None ABSENT: None ABSTAIN: None ATTEST: J wl (vtovnw Crystdl Morrow City Clerk APPROVED AS TO FORM: Richard Taylor CITY ATTORNEY Page MAYOR, CITY OF SARATOGA, f I RNIA DATE: Cl/ l /70 r2- 29 2 29