HomeMy WebLinkAboutOrdinance 383 Annual Code Update, 2021ORDINANCE NO.383
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING CITY CODE SECTIONS 1-15.040 (CONCERNING
COMPUTATION OF TIME), 2-05.030 AND 15-90.065 (CONCERNING
APPEALS BY CITY COUNCIL MEMBERS); 2-10.080 (CONCERNING
TITLE OF VICE MAYOR); 2-12.020, 080 AND 2-15.050 (CONCERNING
COMMISSIONS AND COMMISSIONERS), 3-10.070 (CONCERNING
APPEAL HEARINGS), 5-25.070 (CONCERNING REPORTING OF
TRANSIENT OCCUPANCY TAX INFORMATION); 6-05.050
(CONCERNING REVIEW OF EMERGENCY DECLARATIONS); 7-30.051
AND .060 (CONCERNING LEAF BLOWERS); 13-10.040 (CONCERNING
THE HERITAGE PRESERVATION COMMISSION); 14-25.080
(CONCERNING PARKLAND DEDICATION); 15-50.070 and 080
(CONCERNING TREE REMOVAL PERMITS); 15-85.050 (CONCERNING
NOTICE OF PLANNING COMMISSION PUBLIC HEARINGS); 16-18.025
(CONCERNING AUTOMATIC SPRINKLERS); AND CHAPTER 14
(CORRECTING CROSS REFERENCES TO STATE LAW).
The City Council of the City of Saratoga finds that:
1. The City Code of the City of Saratoga requires periodic updates to reflects 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 in this
ordinance to the Planning Commission and the Planning Commission held a hearing on those
amendments on September 8, 2021 and following consideration of all testimony and written
materials, recommended that the City Council adopt the amendments to Chapters 15 set forth
herein.
3. The City Council of the City of Saratoga held a duly noticed public hearing on November 3, 2021,
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 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.
Ordinance No. 383
Page 2
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 3rd day of November, 2021 and
was adopted by the following vote on November 17, 2021.
AYES: Council Members Bemald, Fitzsimmons, Kumar, Vice Mayor Walia, Mayor
Zhao
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
Yan Zhao
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
ci�
DATE:
Britt Avrit, MMC
CITY CLERK
APPROVED AS TO FORM:
DATE: k "2 2. Z 1
Richard Taylor
CITY ATTORNEY
Ordinance No. 383
Page 3
Exhibit A - 2021 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 (xam 1 and
text to be deleted in shown in strikethrough (eple). 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. Where a section being amended includes subsections
that are not shown those subsections are unchanged by this ordinance.
1. Filing Deadlines
1-15.040 — Computation of time.
(b) Whenever any act is required by this Code to be performed on a particular day which day
falls upon holid on which the city offices are closed, or within a specified period
of time which ends on a holiday day on which the city offices are closed, the act may be
performed on the next business day on which the city offices are oven with the same
effect as if it had been performed upon the day appointed.
2. Appeals by City Council Members
2-05.030 - Appeals.
(e) Schedule of hearing. Upon the filing of the notice of appeal and payment of the appeal fee,
or upon an appeal being initiated by members of the City Council, the City Clerk shall
schedule the matter for hearing by the City Council as follows:
(1) A proposed hearing date shall be set within two business days. The proposed date
shall be within thirty calendar days of the date the appeal was filed, except as
provided in subsection (4(2), below. The City Clerk shall immediately inform the
appellant and the applicant of the proposed date, time, and place of the hearing at
an e-mail address or fax number provided to the City at the time the appeal or
application was filed. If the appellant or applicant within two business days requests
Ordinance No. 383
Page 4
in writing that the proposed hearing date be extended, then the City Clerk shall set
the date for the next regular meeting of the City Council occurring after the
proposed date. The City Clerk shall inform the appellant and applicant of the new
hearing date, time and place via e-mail or fax.
(2) If it is not possible to set the proposed date in a manner that allows the City to
provide any notice required by law and set the proposed date at a regularly
scheduled meeting within thirty calendar days of the date the appeal was filed, the
date shall be set at the first regularly scheduled Council meeting following the close
of any applicable notice period. The City Clerk shall immediately inform the
appellant and the applicant of the date, time, and place of the hearing at an e-mail
address or fax number provided to the City at the time the appeal or application was
filed. If the hearing date is set pursuant to this subsection, then neither the applicant
nor appellant shall be authorized to request a change in the hearing date as described
in subsection (ed)(2), above.
(3) After a hearing date has been set in accordance with subsection (ed)(1) or (ed)(2),
above, the appellant or the applicant may request in writing, and the City Clerk
shall grant, a continuance of the date provided that the request for continuance is
received by the City Clerk no later than fourteen calendar days prior to the date set
for hearing. The continuance shall be until the next regular meeting of the City
Council occurring after the date for which the matter had been set. No further
continuances may be authorized by the City Clerk.
(fe Public notice. If a public hearing is conducted on the appeal, notice thereof shall also be
published once at least ten calendar days prior to the hearing in a newspaper having general
circulation in the City and mailed or delivered at least ten calendar days prior to the hearing
to any other persons who were entitled under the provisions of this Code to receive notice
of the proceedings at which the administrative determination or decision was made.
(g-D Conduct of hearing by City Council. The City Council shall conduct a de novo review on
the appeal, but no public hearing shall be required unless the determination or decision was
made in connection with a proceeding which required a public hearing; provided, however,
that nothing herein shall prevent the public from exercising its right as described in Section
2-10.130(a)(I) and (a)(II), to address the subject matter of the appeal.
(lag) Decision by City Council. The Council may affirm, reverse or modify the determination or
decision which is the subject of the appeal, and may refer the matter back to the original
maker of the determination or decision for such further action as may be directed by the
Council. Where an appeal has been filed pertaining to only a portion of a determination or
decision, the City Council shall have authority to review the entire matter and may affirm,
reverse or modify all or any other portion of the determination or decision notwithstanding
the fact that no appeal has been taken therefrom.
Ordinance No. 383
Page 5
(Lh) Time limitation for judicial review. Any action or proceeding to attack, review, set aside,
void or annul a decision by the City Council on an appeal taken pursuant to this Section,
or any of the proceedings, acts or determinations taken, done or made prior to such
decision, or to determine the reasonableness, legality or validity of any condition attached
thereto, shall be commenced within ninety days after the date such decision is rendered by
the City Council.
3. Vice Mayor
2-10.080 - Presiding officers.
(a) The presiding officer of the City Council shall be the Mayor, or in his or her absence, the
Mayor pro tempore (also referenced as "Vice Mayor!). He or she shall take the chair
precisely at the hour appointed for the meeting and shall immediately call the City Council
to order. In the absence of the Mayor or Mayor pro tempore, the City Clerk shall call the
City Council to order, whereupon, a temporary presiding officer shall be elected by the
Council members present. Upon the arrival of the Mayor or Mayor pro tempore, the
temporary presiding officer shall immediately relinquish the chair upon the conclusion of
the particular business immediately before the Council at that time. Wherein this Article
the term mayor is used, it shall apply equally to the presiding officer as defined in this
Section.
4. Commissioner Qualifications
Article 2-12 — CITY COMMISSIONS
2-12.020 — Qualifications.
(a) Except as provided in Section 2-12.20(b), all Commissioners shall:
1. Be a resident of the City of Saratoga;
2. Be a registered veter- of the City of Saratoga;
3 Prior to being interviewed for appointment to a Commission, have attended at least
one meeting of the Commission to which appointment is being sought;
4.3. Not hold any elected public office in any jurisdiction, any place or position of
employment with the City of Saratoga; and
4. Satisfy any additional eligibility requirements specified in the ordinance or
resolution establishing the Commission.
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Page 6
5. Commission Rules and Procedures
2-12.080 - Rules of procedure.
(d) In addition to the rules made applicable to Commissions as specified in paragraph (a) of
this Section, each Commission shall have authority to adopt such other rules and
procedures as it deems appropriate for the orderly and efficient conduct of its business
which are not inconsistent with the provisions of this Code or policies otherwise adopted
by the City Council.
2-15.050 - Rules of procedure.
(c) Adoption of rules and procedures. In addition to the rules made applicable to the Planning
Commission as specified in Paragraph (a) of this Section, the Commission shall have
authority to adopt such other rules and procedures as it deems appropriate for the orderly
and efficient conduct of its business which are not inconsistent with the provisions of this
Code or policies otherwise adopted by the City Council.
6. Appeal Hearings
3-10.070 — Appeal hearing.
(c) After considering all of the testimony and evidence submitted at a hearing, the Hearing
Officer shall issue a final decision at the conclusion of the hearing or within fifteen (15)
t i 30 calendar days to uphold or overturn the provisions contained in the notice and
shall state the reasons thereof. If the notice is upheld and the violation has not been fully
corrected as of the date of the hearing, the Hearing Officer shall order correction thereof in
the decision and state deadline(s) to complete such action(s). The decision of the Hearing
Officer shall be final. All applicable fines shall become immediately due and owing to the
City in the full amount and if not paid may be collected as provided in this Code or by any
other lawful method available to the City. If the Hearing Officer grants the appeal in full,
the City shall return any appeal fee.
7. Transient Occupancy Tax
5-25.070 — Reporting and remitting.
Each operator shall, on or before the last day of the month following the close of each calendar
quarter, or at the close of any shorter reporting period which may be established by the Tax
Administrator, make a return to the Tax Administrator, on forms provided by him, of the total rents
charged and received and the amount of tax collected for transient occupancies. All records,
returns and payments submitted by each operator shall be treated as confidential by the Tax
Administrator and all persons having an administrative duty under this Article and shall not
be released except upon order of a court of competent jurisdiction or to an officer or agent
of the United States. the State of California. the County of Santa Clara or the Citv of
Ordinance No. 383
Page 7
Saratoga for official use only. At the time the return is filed, the full amount of tax collected shall
be remitted to the Tax Administrator. The Tax Administrator may establish shorter reporting
periods for any certificate holder if he deems it necessary in order to insure collection of the tax
and he may require further information in the return. Returns and payments are due immediately
upon cessation of business for any reason. All taxes collected by operators pursuant to this Article
shall be held in trust for the account of the City until payment thereof is made to the Tax
Administrator.
8. Review of Emergency Declarations
6-05.050 — Director of Emergency Services.
(b) The Director of Emergency Services is hereby empowered to:
(1) Proclaim the existence of a "local emergency," or, if time permits, request the City
Council to do so at a duly noticed meeting. Whenever a local emergency is
proclaimed by the Director, the City Council shall take action to ratify the
proclamation within seven days thereafter or the proclamation shall have no further
force or effect. The City Council shall review the need for continuing the local
emergency at least once every thirty days or such other period as may be
determined by a resolution of the City Council until the City Council terminates
the local emergency. The City Council shall proclaim the termination of the local
emergency at the earliest possible date that conditions warrant.
(2) Request the governor to proclaim a "state of emergency" when, in the opinion of
the Director, the locally available resources are inadequate to cope with the
emergency.
(3) Develop the Emergency Operations Plan with the assistance of emergency service
chiefs for consideration by the Disaster Council, develop ancillary emergency plans
as needed, and manage the emergency programs of the City.
(4) Control and direct the effort of the emergency organization of the City for the
accomplishment of the purposes of this Article.
(5) Direct cooperation between and coordination of services and staff of the emergency
organization of the City and resolve questions of authority and responsibility that
may arise between them.
(6) Manage the emergency programs of the City with the assistance of City staff and
emergency service chiefs.
(7) Authorize City employees to perform any of the functions listed in subsections
(b)(3) through (6).
9. Leaf Blowers
7-30.051 —Leaf blowers.
Beginning Oeteber 1, 2019, the The use of any leaf blower other than a certified leaf blower, as
defined by this article, is prohibited.
Ordinance No. 383
Page 8
7-30.060 — Exceptions for specific activities.
(b) Begin ing O etebe,201TeeftifiCertified leaf blowers may be used or operated
Monday through Friday between 8:00 A.M. and 5:00 P.M., on Saturdays between 10:00
A.M. and 5:00 P.M., and may not be used on Sundays.
10. Heritage Commission Powers & Duties
13-10.040 — Powers and Duties
(e) Review and comment upon all applications for building, demolition, grading or tree
removal permits involving work to be performed upon or within a designated historic
landmark, heritage lane or historic district, and all applications for tentative map approval,
rezoning, building site approval, use permit, variance approval, design review or other
approval pertaining to or significantly affecting any heritage resource. The vision's
Commission's comments shall be forwarded to the City agency or department processing
the application within thirty days after receiving the request for such comments.
11. Cross-references to California Civil Code
14-10.320 Subdivision.
(a) "Subdivision" means the division, by any subdivider, of any parcel or parcels of improved
or unimproved land, or any portion thereof, shown on the latest equalized County
assessment roll as a single unit or as contiguous units, for the purpose of sale, lease,
financing or construction of improvements thereon, whether immediate or future. Property
shall be considered as contiguous units even if separated by roads, streets, utility easements
or railroad rights -of -way. "Subdivision" includes a condominium project, as defined in
Section 4458 4125 of the State Civil Code, a community apartment project, as defined in
Section 11004 of the State Business and Professions Code, or the conversion of existing
dwelling units to a stock cooperative, as defined in Section 11003.2 of the State Business
and Professions Code. "Subdivision" also includes any division of land by gift, inheritance,
or partition in kind.
14-25.080 Park and recreation dedication and fees.
(c) Fees in lieu of land dedication. In the event there is no park or recreational facility
designated as described in subsection (b), above, or in the event that the proposed
subdivision contains fifty or less parcels, then the subdivider or owner shall pay a fee to
the City in lieu of dedicating land, which shall be in an amount equal to the fair market
value of the amount of land which would otherwise be required to be dedicated pursuant
to paragraph (b) of this Section. If a condominium project, stock cooperative, or
community apartment project (as defined in California Civil Code § 445-1-4 ) exceeds
fifty dwelling units, dedication of land may be required notwithstanding that the number
of parcels may be less than fifty. "Fair market value", as used herein, shall be product of:
Ordinance No. 383
Page 9
(1) The estimated cost of parkland in Saratoga as determined by the City Council; and
(2) The amount of land that would be required to be dedicated pursuant to subsection
(b), above.
14-75.020 Definitions.
(b) Community housing means and includes a condominium project as defined in Section 4-3-5-0
4125 of the Civil Code, containing two or more condominiums; a community apartment
project as defined in Section 11004 of the Business and Professions Code, containing two
or more rights of exclusive occupancy; and a stock cooperative, as define defined in
Section 11003.2 of the Business and Professions Code, containing two or more rights of
exclusive occupancy.
14-75.040 Information to accompany tentative map application.
(a) Copies of proposed organizational documents, which shall include, or be accompanied by
the following:
(1) Plan for conveyance of units.
(2) Plan for assignment of parking and management of common areas within the
project.
(3) Proposed annual operating budget containing a sinking fund to accumulate reserves
to pay for major maintenance repair or replacement expenses.
(4) FHA regulatory agreement, if any.
(5) If a condominium, copy of proposed site plan as required by Civil Code Seetio
Sssfianna4454000, et seq.
(6) CC&R's to include proviso for penalties on late payment of annual assessments and
reasonable attorneys' fees and costs in the event of default in payment thereof.
12. Parkland Dedication
14-25.080 Park and recreation dedication and fees.
Ordinance No. 383
Page 10
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(fir) Amendment to Map Act. In the event the Map Act should in the future be amended to
expand or change the permitted uses of land dedicated or in lieu M fees laid pd under
this Section, such purposes shall control and the limitations set forth in this Section to the
extent they are inconsistent with the amended Map Act, shall no longer have any force or
effect.
13. Tree Removal Permits
15-50.070 - Application for permit.
(e) Application fee. Fees shall be charged as set forth in the City's fee schedule. No fee shall be
required for a permit to remove a fallen or dead tree or for a tree species and location identified in
Section 15-50.080(a) llr (12) provided that tree replacement requirements as a condition of
the tree removal permit are met.
15-50.080 — Determination on Permit
(a) Criteria. Each application for a tree removal�pruning,=or encroachment permit shall be
reviewed and determined on the basis of the following criteria:
[No changes to items
14. Notice of Planning Commission Public Hearings
15-85.050 — Public Hearing by Planning Commission; Notice.
The Planning Commission shall hold at least one public hearing on the proposed amendment.
Notice of the time and place of such hearing shall be given as follows:
(a) Where the amendment is to change the boundaries of a district or General Plan land use
designation or to reclassify any property from one district or General Plan land use
designation to another or to change the permitted or conditional use of a specific site,
notice shall be given not less than ten days nor more than thirty days prior to the date of
the hearing by mailing the notice, postage prepaid, to all owners whose property is the
Ordinance No. 383
Page 11
subject of such boundary change, reclassification or change of use, and --to 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 property which is the subject of the
amendment, and, for amendments to zoning districts or General Plan designations or
property reclassifications, to all persons whose names appear on the latest available
assessment roll of the County as owning property within the City of Saratoga. 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.
15. Appeals by City Council Members
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16. Automatic sprinkler requirements for new construction.
Article 16-18 — Residential Building Code
16-18.025 — Automatic Sprinklers.
Section R313.1 is amended to read:
R313.1 Townhouse automatic fire sprinkler systems. An automatic residential fire sprinkler system
shall be installed in all new townhouses and in existing townhouses when additions are made that
increase the building area to more than 3,600 square feet.
Exception: One or more additions made to a building after January 1, 2011, that does not total
more than 1,000 square feet of building area.
Section R313.2 is amended to read:
R313.2 One- and two-family dwellings automatic fire sprinkler systems. An automatic
residential fire sprinkler system shall be installed in one- and two-family
dwellings as follows:
In all new one- and two-family dwellings and in existing one- and two-family
dwellings when additions are made that increase the building area to more than
Ordinance No. 383
Page 12
3,600 square feet whether by increasing the area of the primary residence or by
creation of an attached Accessory Dwelling Unit.
2. In all existing one -and two-family dwellings that meet the definition of a
"demolition" of the structure per City of Saratoga Municipal Code Section 15-
06.195.
3. In all attached Accessory Dwelling Units, additions or alterations to an existing
one- and two-family dwelling that have an existing fire sprinkler system.
4. In all new basements and in existing basements that are expanded by more
than 50%.
Exceptions:
1. One or more additions made to a building after January 1, 2011, that
does not total more than 1,000 square feet of building area and meets
all access and water supply requirements of Chapter 5 and Appendix
B and C of the 2019 California Fire Code.
2. Detached Accessory Dwelling Units, provided that all of the
following are met:
2.1 The unit meets the definition of an Accessory Dwelling Unit
as defined in the Government Code Section 65852.2
2.2 The existing primary residence does not have automatic fire
sprinklers.
2.3 The accessory detached dwelling unit does not exceed 1, 200
square feet in size.
2.4 The unit is on the same lot as the primary residence.
2.5 The unit meets all access and water supply requirements of
Chapter 5 and Appendix B and C of the 2019 California Fire
Code.
3 u7i all ,,v: , basements is and existing basements is that 0 ., t � 1 r1
u uby more than 500%.
End of Amendments