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HomeMy WebLinkAboutOrdinance 389 Fire Hazard Zone Appeal ProcessORDINANCE NO.389 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA AMENDING SECTION 16-05.020 OF THE SARATOGA MUNICIPAL CODE RELATING TO APPEALS OF DETERMINATIONS PURSUANT TO STATE REGULATIONS CONCERNING DEVELOPMENT IN VERY HIGH FIRE HAZARD ZONES IN CONSIDERATION OF THE FOLLOWING: 1. The State of California's Public Resources Code 4290 requires the California Department of Forestry and Fire Protection to adopt fire safety regulations applicable to development in areas designated as very high fire hazard severity zones. These "State Minimum Fire Safe Regulations" are set forth in in Title 14, California Code of Regulations, Section 1270.00 et seq. 2. Local governments considering development applications subject to the State Minimum Fire Safe Regulations are required to refer those applications to CalFire or its designee for review and must condition approval of the project on compliance with any recommendations made pursuant to that review. 3. An applicant objecting to one or more recommendations made in the review process may request an exception from the regulations. If that exception request is denied, the applicant may appeal to the local government acting on the development application. 4. This ordinance would establish a process to hear appeals from determinations made pursuant to the CalFire Regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SARATOGA DOES ORDAIN AS FOLLOWS: Section 1. Adoption. Section 16-05.020 of the Saratoga Municipal Code is amended as set forth below. Text in bold italics (example) is added, and text in strikethrough (ewe) is deleted. 16-05.020 - Building appeals Appeals. (a) The City Council shall hear and act upon appeals from determinations by City building officials concerning the suitability of alternate materials and methods of construction and questions of interpretation arising under the Uniform Building Code, the Uniform Mechanical Code, the Uniform Electrical Code, the Uniform Plumbing Code and the Uniform Fire Code, as these codes may be amended from time to time, and shall act as the Housing Appeals Board and the Local Appeals Board as those terms are used in Health and Safety Code Sections 19720.5 and 19720.6. Ordinance No. 389 Page 2 (b) Notwithstanding subsection (a), any appeal of a determination made pursuant to regulations adopted pursuant to Public Resources Code section 4290 (concerning development in areas designated as very high fire hazard severity zones) shall be heard by the Fire Safe Review Officer. The Fire Safe Review Officer shall be designated by the Building Official and shall be certified by the National Fire Protection Association as a Certified Fire Protection Specialist. The process for consideration of appeals shall be as set forth in sections 3-10.050 and 3-10.070 of this Code (concerning appeals of code enforcement decisions) and shall comply with all applicable laws. All references therein to a violation, are, for the purposes of this subsection, references to the determination made pursuant to the regulations referenced above. The statements of the nature of the appeal and the relief sought shall set forth the legal and factual basis for the appeal and be accompanied by a report from a professional certified by the National Fire Protection Association as a Certified Fire Protection Specialist supporting the statements. However, no report submitted by an applicant for development may be prepared by the Fire Safe Review Officer. Any deadline for action by the Fire Safe Review Officer shall be extended for the period necessary to conduct any consultations with other agencies required by law. 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 establishing an appeal process 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. [Continued on next page.] Ordinance No. 389 Page 3 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 March 2, 2022 and was adopted by the following vote on March 16, 2022. AYES: Council Members Bernald, Kumar, Zhao, Vice Mayor Fitzsimmons, Mayor Walia NOES: None ABSENT: None ABSTAIN: None SIGNED: Tina is MAYOR, CITY OF SARATOGA, CALIFORNIA ATTEST: DATE: Z ,,-2 l— -- Britt Avrit, MMC CITY CLERK APPROVED AS TO FORM: DATE: S Richard Taylor CITY ATTORNEY 1469644.2