HomeMy WebLinkAboutOrdinance 364 -2019 annual code updatesORDINANCE NO. 364
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING
CITY CODE ARTICLE 2-50 (CONCERNING PROCEDURES FOR FILING AND
PROCESSING CLAIMS); ARTICLES 3-30, 4-05, AND 4-06 (CONFORMING
REFERENCES TO CITY FEES AND METHODS OF FEE PAYMENT); ARTICLE 15-06
(DEFINITIONS OF FLOOR AREA AND SUBTERRANEAN STRUCTURE); ARTICLE
15-35 (OFF STREET PARKING); ARTICLES 15-45 AND 16-65 (PLANNING
COMMISSION REVIEW OF CATEGORICALLY PERMITTED PROJECTS); AND
ARTICLE 15-55 (APPEALS OF CONDITIONAL USE PERMITS).
The City Council of the City of Saratoga finds that:
1. The City Code of the City of Saratoga requires periodic updates to reflect changes in law, provide
clarification to the community, and provide for improved customer service and administration of
City business.
2. The City Council referred the amendments to Saratoga Municipal Code Chapters 15 and 16 in
this ordinance to the Planning Commission and the Planning Commission held a hearing on those
amendments on August 14, 2019. Following consideration of all testimony and written materials,
the Planning on August 14, 2019 recommended that the City Council adopt the amendments to
Chapters 15 and 16 set forth herein.
3. The City Council of the City of Saratoga held a duly noticed public hearing on August 21, 2019,
and after considering all testimony and written materials provided in connection with that hearing
introduced this ordinance and waived the reading thereof.
4. This ordinance coordinates the Municipal Code with the City Fee Schedule by replacing various
references to specific fee amounts with references to the City fee schedule which is adopted
annually following a noticed public hearing. This ordinance does not change the amounts of any
fees.
Therefore, the City Council of the City of Saratoga hereby ordains as follows:
Section 1. Adoption.
The Saratoga City Code is hereby amended as set forth in Exhibit A.
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 the amendments to the existing City Code and related sections and additions of
provisions and reference appendices to the existing Code; the amendments and additions would
have a de minimis impact on the environment.
Section 4. Publication.
A summary of this ordinance shall be published in a newspaper of general circulation of the City
of Saratoga within fifteen days after its adoption.
Following a duly noticed public hearing the foregoing ordinance was introduced at the regular
meeting of the City Council of the City of Saratoga held on the 21 st day of August, 2019 and was
adopted by the following vote on September 4, 2019.
COUNCIL MEMBERS:
AYES: Mayor E. Manny Cappello, Vice Mayor Howard Miller, Council Members Rishi
Kumar, Mary -Lynne Bernald, Yan Zhao
NOES:
ABSENT:
ABSTAIN:
AT
ebbie Bretschneider
CITY CLERK
E. Manny Cappello
MAYOR, CITY OF SARATOGA, CALIFORNIA
DATE: 9 (c' 2, / 9
APP 9 ASTOF
DATE: l ()1
Richard Taylor, CITY ATTORNEY
Exhibit A - 2019 Saratoga Municipal Code Update
The provisions of the Saratoga Municipal Code set forth below are amended or adopted as
follows:
Text added to existing provisions is shown in bold double -underlined text (example) and
text to be deleted in shown in strikethrough (example). Text in italics is explanatory and
is not an amendment to the Code except in cases where it directs renumbering of
subsections not otherwise amended.
1. Claim Procedures
Article 2-50 - PROVISIONS FOR FILING CLAIMS FOR MONEY, DAMAGES OR
REFUNDS OF MONEY
2-50.010 - Claim filing procedure.
(a) Claims against the City for money, damages or refunds of money erroneously or illegally
collected or paid which do not fall under Division 3.6 of Title 1 of the Government Code
or are exempted by California Government Code Section 905 from Chapter 1 and
Chapter 2 of Part 3 of Division 3.6 of Title 1 of the Government Code and which are not
governed by other statutes or regulations expressly related thereto, shall be governed by
this Section.
(b) A written claim, verified by the person who claims to be entitled to be paid the money or
damages or who has paid the money sought to be refunded or by his or her guardian or
conservator or the executor or administrator of his or her will or estate, shall be presented
within one year after the accrual of the cause of action underlying the claim for money or
presented and processed as provided within the time limitations and in the manner
prescribed by Chapters 1 and 2 of Part 3 of Division 3.6 of Title 1 of the Government
Code insofar as said provisions are not in conflict with this Section.
(c)
No order of a refund may be made until a written claim therefor has been presented to the
City in accordance with this Section. No suit for money, damages or a refund may be
brought against the City until a written claim therefor has been presented to the City and
has been acted upon or has been deemed to be rejected by the City, in accordance with
this Section. Only the person who filed the claim may bring such a suit and if another
person should do so, judgment shall not be rendered for the plaintiff.
2-50.020 - Processing of claims against City.
The City Manager, with the concurrence of the City Attorney, shall be authorized to accept,
settle or reject, without prior approval of the Council, claims against the City that fall under
Division 3.6 of Title 1 of the Government Code or Section 2-50.010 of the Saratoga City Code,
provided that no allowance, compromise or settlement shall exceed ten thousand dollars the City
Manager's spending authority as Purchasing Manager pursuant to section 2-45.030. Upon
the written order of the City Manager and written concurrence of the City Attorney, the Finance
Director shall cause to be issued a warrant upon the treasury of the City in the amount for which
a claim has been allowed, compromised or settled. The City Council shall be notified within ten
days of the acceptance or rejection of any claim pursuant to this Section and within ten days of
the claimant's acceptance of any settlement proposed pursuant to this Section.
2. Fees and Payments
a. Amendments to Section 3-30.30
3-30.030 - Administrative fines, late charges —Collection of fees and costs.
(a) The amount of the fines for violating particular provisions of this Code may be set in a
schedule of fines adopted from time to time by resolution by the City Council in
accordance with State law. The schedule may include escalating fine amounts for repeat
violations occurring within specified periods of time.
(b) The schedule of fines shall specify the amount of late payment penalty owed for any fine
not paid when due.
fe) Where r nt ; cifie 1 by « lutiet f t (i+ ci the folio.. h ll
�V f •• aaViV iiV a.aiiiV Nii1, lJ J1,JV Vii1VU V,' 1VJV11A 11V11 Vl lli ,
(1) A fine „et o eedi g e hundred .loll r., r r d.,y for ., first . 1 t'
\1 f t l i111V 11V1 VAVLLUlil� ;
(2) A fine not exceeding two hundred dollars per day for a second violation of the
t3) A fine not exceed g fi. e hundred doll. d f L, d it' 1 1 t'
�_ � _ ___ _ <___ _ _ �_�� __ 1a u vu uV11u1J 1./V�1 uu�' 1V1 LULU
the same rdin „ e er permit within one calendar year from the date of the first
VL 1.11E JG1111L
violation.
Se to fine 1, l „1 fn 1, to • • 1, •
. ,.,t, :. �.�., �.,. �r`.y-rorccrrrricpuiicrc=vivracrvrr,-rlv-vrcv cr rlrcnL ca cn�rrrccr
multiple violations are found to occur as a result of an investigation, each such
violation listed in the first citation following the investigation shall be considered
a "first violation."
b. Amendments to Article 4-05 (Sections 4-05.115 and 4-05.130)
4-05.115 - License fee payment; method.
(a) Unless otherwise provided in this Section, all fees, owing to the City may be paid by
personal check if the financial institution upon which the personal check is drawn is located
any regular method of payment accepted by the Cit .
(b) Any person whose personal check payment is returned to the City without payment shall
pay a service charge in the maximum amount authorized by California Civil Code 1719.
The service charge shall be added to the fee, for which the personal check was drafted and
that monetary obligation shall not be deemed to have been paid until both the monetary
obligation and the service charge have been honored and paid by the financial institution.
(c) For a period of two years, the City will require a person whose personal check payment
was returned to the City without payment to pay all fees, by either cash, a cashier's check
or postal money order.
(d) In addition to the provisions of this Section, a person whose personal check payment is
returned to the City without payment is liable for all civil penalties authorized by California
Civil Code Section 1719.
(e) All negotiable instruments shall be made payable to the order of the City.
(f)
The penalties provided in this Section shall be imposed in addition to penalties due under
Section 4-05.200.
4-05.130 - Duplicate licenses.
A duplicate license may be issued by the License Collector to replace any license previously issued
hereunder which has been lost or destroyed, but which is still in full force and effect, upon the
licensee filing an affidavit attesting to such fact, and at the time of filing such affidavit paying the
License Collector a duplicate license fee of one dollar as set forth in the fee schedule established
by resolution by the City Council in accordance with State law.
c. Amendments to Article 4-06 (throughout)
Article 4-06 - LICENSE FEE SCHEDULE
4-06.010 - Generally.
The amount of license fees to be paid to the City by any person engaged in or carrying on any
profession, trade, calling, occupation or business hereinafter designated, is fixed and established
as hereinafter in this Chapter provided in the fee schedule adopted by City Council by resolution
in accordance with State law.
4-06.020 - Recreation businesses; amusement devices.
For every person engaged in the conducting, managing or carrying on of any business hereinafter
in this Section mentioned, such license fee shall be in the amount as set forth herein:
(a) For any recreational business not otherwise licensed or classified including but not
limited to, bowling alleys, movie theaters, riding academies, tennis facilities (public or
private), golf courses (public or private), miniature golf courses, and ice and roller skating
rinks, the annual license fee shall be one hundred dollars plus ten dollars for ach employee
over one in number to a maximum of twenty employees in the fee schedule adopted by
City Council by resolution in accordance with State law.
(b) For any skee ball or bat ball or handball court, shuffleboard, or mechanical or
electronic amusement device, or any device, equipment or means of entertainment, the
annual license fee shall be fifty dollar: in the fee schedule adopted by City Council by
resolution in accordance with State law for each alley or device. The name and address
of the owner of each such alley or device shall be posted conspicuously thereon.
(c) For the business of conducting, managing or operating on their premises jukeboxes,
devices for playing of records or music automatically upon the deposit of a coin, slug or
other device, or any other mechanical musical device or machine of like character not
licensed hereunder, the annual license fee shall be fifty dollars in the fee schedule adopted
by City Council by resolution in accordance with State law.
(d) For conducting, managing or carrying on a carnival, circus or other similar
exhibition, the license fee shall be two hundred fifty dollars per day in the fee schedule
adopted by City Council by resolution in accordance with State law.
(e) For conducting, managing or carrying on the operation of a theater of the performing
arts which features lectures or theatrical performances, such as a comedy, spoken drama,
opera, musical, dance or concert, the annual license fee shall be ten dollars per performance
or one hundred dollars per year in the fee schedule adopted by City Council by
resolution in accordance with State law.
(f) For conducting, managing or carrying on the operation of an escort service or escort
bureau, the annual license fee shall be five hundred dollars plus one hundred dollars for
in the fee schedule adopted by City Council by resolution in accordance
with State law.
4-06.030 - Contractors and subcontractors.
For every person conducting, carrying on or engaging in the business of general contracting,
construction subcontracting, electrical, mechanical, plumbing or grading contracting in the City
the annual license fee shall be forty five dollars plus fifteen percent of the permit fee for such
business set by resolution of the City Council in the fee schedule adopted by City Council by
resolution in accordance with State law. For the purposes of this Section, an owner -builder shall
be deemed to be a contractor.
4-06.040 - Delivery services.
For every person not having a fixed place of business within the City, and not being herein
otherwise licensed or classified, who delivers goods, wares, or merchandise of any kind by vehicle
or who provides any service by the use of vehicles in the City, the annual license fee shall be one
hundred dollars in the fee schedule adopted by City Council by resolution in accordance with
State law. The license fee shall not be prorated.
4-06.050 - Escort services or bureaus.
For every person conducting, managing, carrying on or engaging in the business of operating an
escort service or bureau, the annual license fee shall be five hundred dollars Ous ore hundred
dollars for each employee in the fee schedule adopted by City Council by resolution in
accordance with State law.
4-06.070 - Home occupations.
For every person engaged in a home occupation in accordance with the provisions of Chapter 15
of this Code the annual license fee shall be one hundred dollars in the fee schedule adopted by
City Council by resolution in accordance with State law.
4-06.080 - Motion pictures; photography.
(a) For every person, company or business engaged in the making of motion pictures on
location within the City the license fee shall be as follows: in commercial areas or on public
Pr-ePeftyT-ffve-4iundfe4-EenPr-er-atahlet4-n--al-l-ether--afea&-ef4he--GitY54we
hundred fifty dollars per day, nonproratablc in the fee schedule adopted by City Council
by resolution in accordance with State law.
(b) For every person or business engaged in taking still photographs for advertisements
the license fee shall be twenty five dollars per day, nonproratable; where the location is on
City property, the fee shall be fifty dollars per day, nonproratable in the fee schedule
adopted by City Council by resolution in accordance with State law.
(c) Fees paid shall be exclusive of payment to City for special public services required
to protect the public health, safety and welfare.
4-06.090 - Property leasing.
For every person engaged in the business of leasing non-residential property located in the various
commercial and industrial zoned districts in the City the annual license fee shall be on
dollars, plus three dollars per one thousand square feet, or fraction thereof, of gross leasable floor
space either leased or available for lease in excess of five thousand square feet to a maximum of
in the fee schedule adopted by City Council by resolution in
accordance with State law.
4-06.100 - Seasonal businesses.
For every person engaged in a business which is seasonal in nature, such as Christmas tree sales,
Christmas or Easter photography or other such goods, services or wares offered seasonally, the
annual license fee shall be one hundred dollars in the fee schedule adopted by City Council by
resolution in accordance with State law.
4-06.110 - Security alarms.
For every person engaged in the business of installing, selling, leasing, renting, maintaining,
servicing or responding to a burglary, robbery or fire alarm system, the annual license fee shall be
one hundred dollars plus five dollars for each address serviced in the City to a maximum of forty
addresses in the fee schedule adopted by City Council by resolution in accordance with State
law.
4-06.120 - Vending machines.
For every person engaged in the business of conducting, managing or operating any machine or
device for the vending of merchandise or services, the annual license fee shall be twenty five
dollars if the cost of the vended item(s) is twenty five cents or less; forty five dollars if the cost of
the vended item(s) ranges between twenty five cents and two dollars, sixty five dollars if the cost
the fee schedule adopted by City Council by resolution in accordance with State law.
4-06.130 - Residential rental units.
Every person engaged in the business of leasing residential property located in the City shall pay
an annual license fee of one hundred dollars, plus five dollars per unit for each unit over four in
number to a maximum of forty units in the fee schedule adopted by City Council by resolution
in accordance with State law.
4-06.140 - General businesses.
For every person conducting any business not otherwise classified or taxed under the provisions
of this Article, the annual license fee shall be one hundred dollars plus ten dollars per employee to
a maximum of twenty employees. For the purposes of this Section, contract employees and agents
of the business shall be deemed to be employees, not separate businesses in the fee schedule
adopted by City Council by resolution in accordance with State law.
3. Definition of Floor Area
15-06.280 Floor area.
"Floor area" means the total enclosed, habitable or accessible floor space of all floors of a
building where the interior height of the area is equal to or greater than five feet. The term
"enclosed," as used in this Section, means a structure or area with a roof and with three or more
walls, or an equivalent percentage of enclosure. The term "wall," as used in this Section, means
any structural device forming aphysical barrier by means of Mass, wood, masonry, metal,
concrete block, wrought iron, wire, or other similar materials with more than 50% of its
2019 Annual Code Update - Page 8
facade area is closed. The term "roof," as used in this Section, means a covering of any solid
material over at least seventy-five percent of the area.
Floor area is measured to the outside surfaces of exterior walls. In the case of a sloped
ceiling or ground surface, the floor area shall be measured to the point at which the interior height
is less than five feet.
Pursuant to the foregoing, floor area may include halls, stairways, elevator shafts, ducts,
service and mechanical equipment rooms, underfloor areas, porches, verandas and similar building
elements, garages, attics, crawl spaces and accessory structures. Floor area does not include
interior courts, which are areas surrounded on all sides by habitable space but which do not have
a roof, as defined in this Section.
4. Subterranean Structure
15-06.685 Subterranean Structure.
"Subterranean Structure" includes a cellar, bunker, or other attached or detached structure
that (a) is not located beneath the building footprint of a structure; (b) does not encroach into
setback areas; and (c) is located wholly underground below natural and/or finish grade,
whichever is lower, except for required ingress/egress, lighting and ventilation; and (d) is not
visible from the public right-of-way. The floor area of subterranean structures is not counted
against a property's maximum floor area and only fifty percent of the floor area is counted against
a property's maximum site coverage.
5. Off Street Parking
15-35.020 General requirement and regulations for off-street parking spaces.
(a) Off-street parking requirements. At the time of initial occupancy of a site or
structure or at the time of an alteration or enlargement of a site or structure, there shall be provided
off-street parking spaces as prescribed in Section 15-35.030. For the purposes of this Section, the
term "alteration or enlargement" shall mean a change of use or an addition which would increase
the number of parking spaces required above the total number required prior to such change or
addition.
(b) Fractional numbers: Except as otherwise specifically provided, if, in the
application of the requirements of this Article, a fractional number greater than one-half is
obtained, the number of required parking spaces shall be rounded up to the next whole number.
(c) Multiple uses: If more than one use is located on a site or structure, the number of
parking spaces provided shall be equal to the sum of the requirements prescribed in this Article for
each use.
(d) Common parking facilities: The off-street parking requirements of this Article may
be satisfied by a common parking facility; provided, that the total number of spaces shall be not
2019 Annual Code Update - Page 9
less than the sum of the individual requirements, and provided further, that a contract between the
parties setting forth the agreement for joint use of a common parking facility is recorded in the
office of the County Recorder and a certified copy filed with the City.
(e) Floor area calculations: Where parking requirements are determined by floor area,
such area shall not include enclosed or covered areas used for off-street parking or loading or
interior courts of a building not occupied by a use for which off-street parking is required, but such
floor area shall include any exterior balcony used as the sole means of access to a business
establishment and any basement, or portion thereof, occupied by a use for which off-street parking
is required.
(f) Additional requirements: The Planning Commission may require that off-street
parking spaces in excess of the number prescribed in Section 15-35.030 be provided for use on a
site or structure, if the Commission finds that such additional spaces are necessary to avoid traffic
congestion or shortage of curb spaces.
(g) Other uses: For a use not specifically listed in Section 15-35.030, the number of off-
street parking spaces shall be determined by the Planning Commission or the Community
Development Director, based upon the number of spaces required for the most similar specified
use and such information as may be available to the Planning Commission or the Community
Development Director concerning the parking requirements of the proposed use.
(h) Location of Parking: In all districts except a C-H district, the off-street parking
spaces prescribed in Section 15-35.030 shall be located on the same site as the use for which the
spaces are required, or on an adjacent site or a site separated only by an alley from the use for
which the spaces are required. In a C-H district, the off-street parking spaces may be located on
or off site as permitted in Section 15-35.035.
(i) Compact parking spaces: With respect to any site or structure located within a C-
N, C-V, C-H, P-A, R-M or MU-PD district, no more than twenty-five percent of the number of
required off-street parking spaces may consist of compact parking spaces. If, in the application of
this subsection, a fractional number is obtained, one compact parking space may be provided for
a fraction of more than one-half and one standard parking space shall be provided for a fraction of
one-half or less.
(j) No vehicle repair: No repair work or servicing of vehicles shall be conducted in any
parking area.
(k) Reserved.
6. Planning Commission Review of Categorically Permitted Projects
15-45.060 Planning Commission design review; public hearing.
2019 Annual Code Update - Page 10
(a) Pursuant to this Article, the following projects shall receive design review approval
by the Planning Commission prior to issuance of a building permit in any A, R-1, HR, or R-OS
district:
(1) Any new multi -story main structure or multi -story accessory structure.
(2) Any conversion of a single -story structure to a multi -story structure.
(3) Any new structure over eighteen feet in height or any existing structure that would
exceed eighteen feet in height as a result of the proposed construction.
(4) Any project that requires design review under the terms or conditions of any tentative
or final subdivision map, use permit, variance or conditional rezoning.
(5) Any new dwelling on a lot having a net site area of less than five thousand square
feet.
(6) Any project that increases the cumulative floor area of all structures on a site to more
than six thousand square feet.
(7) Any project that, in the opinion of the Community Development Director, may be
significantly inconsistent with the design review findings required in Section 15-45.080 of this
Article, or may cause excessive damage to the natural environment, or may result in excessive
intensification of the use or development of the site.
(8) Any addition to a structure over eighteen feet in height that would expand the existing
floor area by more than fifty percent or modify the existing footprint by more than fifty percent.
(9) All categorically permitted projects located within the Pmw, Pd, and Pdf areas as
identified on the City's Ground Movement Potential Map.
(b) A public hearing on the application for design review approval under this Article
shall be required. Notice of the public hearing shall be given not less than ten days nor more than
thirty days prior to the date of the hearing by mailing, postage prepaid, a notice of the time and
place of the hearing to the applicant and to all persons whose names appear on the latest available
assessment roll of the County as owning property within five hundred feet of the boundaries of the
site which is the subject of the application. Notice of the public hearing shall also be published
once in a newspaper having general circulation in the City not later than ten days prior to the date
of the hearing.
7. Conditional Use Permit Appeals
15-55.130 Appeals.
2019 Annual Code Update - Page 11
(a) Any determination or decision by the Director on a Commercial CUP under
subsection 15-55.065(1) of this Article may be appealed only to the City Council in accordance
with Section 2-05.030 of the City Code. Any determin do er de isien by the „irector
Generator CUP under subsection 15 55.065(2) of this Article may be appealed only to the Planning
Commissien-iii-ffec-er-daftee-witli-the-preeedures-set-ferth-in-A+fiele-1-5-90-4-414s-Chapter-fer
appeals from administrative decisions and notwithstanding Section 15 90.020, the decision of the
Planning Commission on the appeal shall be final and not subject to appeal to the City Council.
(b) Any determination or decision by the Planning Commission under this Article may
be appealed to the City Council in accordance with the procedures set forth in Article 15-90 of this
Chapter for appeals from decisions of the Planning Commission.
8. Review of Categorically Permitted Projects
16-65.060 Categorically permitted projects in Pmw, Pd, and Pdf areas.
(a) General provisions for all categorically permitted projects in Pmw, Pd, and Pdf
areas. Categorically permitted projects in Pmw, Pd, and Pdf areas may be considered in
deliberations on the associated applications for development
approval by the Planning Commission in accordance with Section 15 45.060 of this Code. A
categorically permitted project may be allowed only for a remodel and/or addition to one legally
existing structure on a legally existing parcel based on an engineered design (as defined in Section
16-65.025) and limited to a maximum remodel of fifty percent and addition of five hundred square
feet or twenty-five percent of the square footage of the existing building or structure, whichever is
greater, with the exception that the total floor area of the remodeled structure shall not exceed six
thousand square feet. A categorically permitted project may only be approved when it is clearly
demonstrated to the City's Geotechnical Consultant that such categorically permitted project will
improve the overall safety of existing buildings and will not unduly jeopardize human safety,
property on the site, or adjoining public or private property.
Nothing in this Section shall be interpreted as authorizing anything in contradiction to any
other City policy or regulation, including, without limitation, the City General Plan and all City
building and zoning regulations, including but not limited to floor area requirements. No new
variance for floor area or site coverage shall be allowed if a categorically permitted project is
approved on a site.
This provision allows for maintenance, repair, or limited alteration (remodel) of, and/or
limited addition to a qualifying existing building or structure whether or not the building or
structure has been damaged by ground movement. Total reconstruction of a building or structure
may not be approved as a categorically permitted project. When an engineered design is approved
for a building or structure, the building or structure can be permitted by Planning Commission to
achieve the floor area allowed under the General Plan and Chapter 15 of the Zoning Regulations.
Each proposed categorically permitted project shall be evaluated on a case -by -case basis and the
Planning Commission shall further limit the building or structure based on the "[Additional]
criteria for approval of categorically permitted projects" in Section 16-65.070 below and other
2019 Annual Code Update - Page 12
applicable regulations. A categorically permitted project shall not be allowed that involves the
conversion of a non -dwelling structure to a dwelling unit, as dwelling unit is defined in Section
15-06.240(a) of the Zoning Regulations.
[No changes in subsections (b) and (c)J
End of Amendments
2019 Annual Code Update - Page 13
CITY OF SARATOGA
ORDINANCE CERTIFICATE
STATE OF CALIFORNIA
COUNTY OF SANTA CLARA
CITY OF SARATOGA
CERTIFIED COPY OF ORDINANCE
ADOPTION
I, Debbie Bretschneider, City Clerk for the City of Saratoga in said County of Santa Clara, and
State of California, do hereby certify that the attached is a true and correct copy of Ordinance
No. 364, adopted by the Saratoga City Council on September 4, 2019 by the following vote:
AYES: Cappello, Miller, Kumar, Bernald, Zhao
NOES:
ABSTAIN:
ABSENT:
Ordinance
Summary
❑ Ordinance
Full Text
I hereby further certify that a summary of the ordinance was published
in accordance with Government Code Section 36933 on the following
dates: August 9, 2019 and August 30, 2019 and September 13, 2019.
Said ordinance shall be effective October 4, 2019.
hereby further certify that the full text of the ordinance was published
in accordance with Government Code Section 36933 on the
Said ordinance shall be effective
Dated this 22nd day of October 2019.
Debbie Bretschneider, City Clerk