HomeMy WebLinkAboutOrdinance 390 Amendment to Fire Hazard Zone Appeal Process ORDINANCE NO.390
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SARATOGA
AMENDING SECTION 16-05.020 OF THE SARATOGA MUNICIPAL CODE TO
AUTHORIZE CALIFORNIA LICENSED FIRE PROTECTION ENGINEERS TO HEAR
AND FILE APPEALS OF DETERMINATIONS PURSUANT TO STATE REGULATIONS
CONCERNING DEVELOPMENT IN VERY HIGH FIRE HAZARD ZONES
IN CONSIDERATION OF THE FOLLOWING:
l. The City Council on March 16, 2022 adopted Ordinance No. 389 establishing a process to
hear appeals from determinations made pursuant to the CalFire Regulations.
2. The Ciry Council wishes to amend the ordinance to allow appeals to be filed and heard by
California licensed Fire Protection Engineers. �
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.
16-05.020 -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. '
(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 (i) certified by the National Fire Protection Association as a
Certified Fire Protection Specialist or(ii) a California licensed Fire Protection Engineer.
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(i) a professional
Ordinance No. 390
Page 2
certified by the National Fire Protection Association as a Certified Fire Protection
Specialist or (ii) a California licensed Fire Protection Engineer 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. 390
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 May 4, 2022 and was adopted by the
following vote on May 18, 2022.
AYES: Council Members Bernald, Kumar, Zhao, Vice Mayor Fitzsimmons, Mayor
Walia
NOES: None
ABSENT: None
ABSTAIN: None
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SIGNED: - c����
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Tina Walia
MAYOR, CITY OF SARATOGA, CALIFORNIA
ATTEST:
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�ritt Avrit, MMC
�CITY CLERK
APPROVED AS TO FORM:
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Richard Taylor
CITY ATTORNEY
1500466.1