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Agenda Packet 112707
CITY OF ATASCADERO CITY COUNCIL AGENDA Tuesday, November 27, 2007 Redevelopment Agency: 6:00 P.M. City Council: 7:00 P.M. City Hall Council Chambers 6907 EI Camino Real, Atascadero, California REDEVELOPMENT AGENCY: 6:00 P.M. REGULAR SESSION: 7:00 P.M. PLEDGE OF ALLEGIANCE: Mayor Pro Tem Brennler ROLL CALL: Mayor Luna Mayor Pro Tem Brennler Council Member Beraud Council Member Clay Council Member O'Malley APPROVAL OF AGENDA: Roll Call PRESENTATION: 1. Optimist Club of Atascadero — Donation for the Colony Park Community Center 3 A. CONSENT CALENDAR: (All items on the consent calendar are considered to be routine and non-controversial by City staff and will be approved by one motion if no member of the Council or public wishes to comment or ask questions. If comment or discussion is desired by anyone, the item will be removed from the consent calendar and will be considered in the listed sequence with an opportunity for any member of the public to address the Council concerning the item before action is taken.) 1. Agreement to Provide City Attorney Legal Services ■ Fiscal Impact: Monthly retainer of $9,500 for general legal work. Additional service to be billed at an hourly rate. ■ Recommendation: Council approve the attached agreement with the law firm of Burke, Williams & Sorenson, to provide City Attorney Legal Services for the City of Atascadero. [City Manager] 2. Temporary Road Closure —Clear Channel Radio — Ice Skating Rink ■ Fiscal Impact: $160.00 for the installation of Road Closed signs by Public Works Staff. ■ Recommendation: Council approve a request by Clear Channel Radio for the closure of Palma Ave., West Mall to East Mall, from December 20, 2007 through January 7, 2008. [Public Works] 3. Temporary Road Closure — Holiday Musical Walk-around-the-Lake ■ Fiscal Impact: $320.00 for the installation of Road Closed signs by Public Works Staff. ■ Recommendation: Council approve the temporary road closure of Marchant Avenue (from Pismo Street to Santa Rosa Road) and Lakeview Drive (from Santa Rosa to Portola Road) for the Holiday Musical Walk- around-the-Lake on December 1, 2007. [Public Works] 4. Final Map 2007-0153 (Parcel Map AT 02-0160) 2800 EI Camino Real (LLA 2002-0043) (Frederick) ■ Description: Final Map for Lot Line Adjustment, which changes configuration of two parcels, but does not create additional lots or overall square footage. ■ Fiscal Impact: None. ■ Recommendations: Council: 1. Accept and Approve Final Parcel Map 2007-0153 (Parcel Map ATAL 02-0160), and 2. Reject, without prejudice to future acceptance, the offer of dedication for Public Drainage Easement on behalf of the public, and 3. Authorize and direct the City Clerk to endorse the City Council's approval on the map. [Public Works] 4 5. Second Reading of Draft Ordinances for PLN-2099-0818, General Plan Amendment / Zone Change / Planned Development Amendment and Two Lot Parcel Map, Eagle Creek Golf Course (Gearhart) ■ Description: Approval would result in zone changes, the authorization to replace the existing golf course with two single-family residences, and a 10-acre lot subdivision into two lots. ■ Fiscal Impact: The project will likely have a slight negative fiscal impact on City Revenues. A City fiscal analysis found that residential projects tend to require services that exceed the tax revenues generated. The total deficit for the project is estimated at less than $1,000 and is off-set by the large privately maintained open space area. ■ Recommendations: Council: 1. Approve on second reading, by title only, Draft Ordinance A approving Zone Text Change 2005-0111 amending the PD-8 Overlay District based on findings; and 2. Approve on second reading, by title only, Draft Ordinance B approving Zoning Map Change 2005-0111 based on findings. [Community Development] 6. Title 4 / Title 7/ Title 8 Local Building Code and Fire Protection Code Adoption (City of Atascadero) ■ Description: Proposed ordinance will bring the City's Building and Fire Protection Codes into conformance with the required State Codes that take effect January 1, 2008, and will also establish amendments to the State Code specific to the City of Atascadero. ■ Fiscal Impact: There are no significant fiscal impacts. ■ Recommendation: Council adopt on second reading, by title only, Draft Ordinance A to: (1) repeal Title 8 (Building Regulations) and Chapter 7 of Title 4 (Fire Code) of the Municipal Code, and (2) approve a new Title 8 and Chapter 7 of Title 4 adopting the 2007 edition of the California Building, Mechanical, Plumbing, Electrical, Historical Building, Existing Building, and Fire Codes, and the 2006 edition of the International Property Maintenance Code, with amendments, and (3) amend Chapter 3 of Title 7 (Public Works) to revise the definition of sewer connection availability. [Community Development] B. PUBLIC HEARINGS: 1. PLN 2099-1108, Planned Development Overlay Zone #31: BMX Facility Master Plan of Development, 6575 Sycamore Rd. (Atascadero BMX) ■ Disclosure of Ex Parte Communications: ■ Description: Approval of the proposed project would allow a private BMX facility to be located at 6575 Sycamore Road. ■ Fiscal Impact: It is staff's understanding that the proposed BMX facility will not be operated as a public facility, and no staff or operational costs will be incurred. Additionally, all liability will be the responsibility of the Atascadero BMX Association. - 5 ■ Recommendations: Planning Commission Recommends: Council: 1. Adopt Draft Resolution A certifying Proposed Mitigated Negative Declaration 2006-0015; and 2. Introduce for first reading, by title only, Draft Ordinance A approving Zone Text Change 2005-0108 to establish Planned Development Overlay Zone #31 ; and 3. Introduce for first reading, by title only, Draft Ordinance B approving Zone Map Change 2007-0143 based on findings; and 4. Adopt Draft Resolution B approving Conditional Use Permit 2005-0168 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring. [Community Development] 2. PLN 2006-1111, Condominium Development and Condominium Conversion Ordinance (Title 9 and Title 11) City of Atascadero ■ Description: Approval of Ordinance will allow for conditional use permit review for all new condominium development projects, including site condominiums, and will help to retain the rental housing inventory in Atascadero by establishing procedures and requirements for residential condominium conversions. ■ Fiscal Impact: The fiscal impact will vary depending upon the methods of implementation and the effect of the Ordinance on applications. Staff time and resources are currently used to process project requests, additional staff time may be required to monitor construction of new rental units and to administer new inclusionary requirements. However, since few new rental units are currently being constructed, the Ordinance may have the effect of reducing the staff workload due to a decrease in applications for condominium conversions. ■ Recommendation: The Planning Commission recommends: Council introduce for first reading, by title only, Draft Ordinance A to approve PLN 2006-1111 (Zone Change 2006-0118) based on findings. [Community Development] C. MANAGEMENT REPORTS: 1. Solid Waste, Recycling and Green Waste, Agreements and Information ■ Description: This report addresses proposed changes in the services and fees for collection and disposal of solid waste, recycling and green waste. ■ Fiscal Impact: The new annual franchise fee will be approximately $395,000.00, which reflects a $197,500 increase. ■ Recommendations: Council: 1. Receive the report on the Integrated Waste Management Authority solid waste management fee; and 2. Authorize the City Manager to execute the Amended and Restated Solid Waste Collection Franchise Agreement with Atascadero Waste Alternatives; and 3. Deny the request by Chicago Grade Landfill, Inc. to amend the existing agreement between the City and Chicago Grade Landfill for the 6 - Exclusive Depositing of City Waste Collections into the Chicago Grade Landfill. [Public Works] COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to five minutes. Please state your name for the record before making your presentation. The Council may take action to direct the staff to place a matter of business on a future agenda. A maximum of 30 minutes will be allowed for Community Forum, unless changed by the Council.) COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council Members may make a brief announcement or a brief report on their own activities. Council Members may ask a question for clarification, make a referral to staff or take action to have staff place a matter of business on a future agenda. The Council may 'take action on items listed on the Agenda.) D. COMMITTEE REPORTS: (The following represent standing committees. Informative status reports will be given, as felt necessary): Mayor Luna 1. County Mayor's Round Table 2. Finance Committee 3. S.L.O. County Flood Control & Water Conservation District Water Resources Advisory Committee 4. Nacimiento Water Purveyors' Contract Technical Advisory Group 5. North County Water Purveyors Group Mayor Pro Tem Brennler 1. Air Pollution Control District (APCD) 2. Economic Opportunity Commission (EOC) 3. Atascadero Youth Task Force Council Member Beraud 1. Integrated Waste Management Authority (IWMA) 2. City/ Schools Committee Council Member Clay 1. City/ Schools Committee Council Member O'Malley 1. S.L.O. Council of Governments (SLOCOG) 2. S.L.O. Regional Transit Authority (SLORTA) 3. Finance Committee 4. Economic Vitality Corporation, Board of Directors (EVC) 5. League of California Cities — Council Liaison and CITIPAC Board Member E. INDIVIDUAL DETERMINATION AND/OR ACTION: 1. City Council 2. City Clerk 3. City Treasurer 4. City Attorney 5. City Manager F. ADJOURNMENT: Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that person may be limited to raising those issues addressed at the public hearing described in this notice, or in written correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this public hearing will be distributed to the Council and available for review in the City Clerk's office. I, Victoria Randall, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that the foregoing agenda for the November 27, 2007 Regular Session of the Atascadero City Council was posted on November 20, 2007 at the Atascadero City Hall, 6907 EI Camino Real, Atascadero, CA 93422 and was available for public review in the Customer Service Center at that location. Signed this 20th day of November, 2007 at Atascadero, California. r � r Victoria Randall, Deputy City Clerk City of Atascadero 8 - City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING e City Council meets in regular session on the second and fourth Tuesday of each month at 7:00 p.m., at the City Hall ouncil Chambers, 6907 EI Camino Real, Atascadero. Matters are considered by the Council in the order of the printed Agenda. Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of City Hall and on our website, www.atascadero.org. An agenda packet is also available for public review at the Atascadero Library, 6850 Morro Road. Contracts, Resolutions and Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office. Council meetings are video taped and audio recorded, and may be reviewed by the public. Copies of meeting recordings are available for a fee. Contact the City Clerk for more information (470- 3400). In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805) 470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in assuring that reasonable arrangements can be made to provide accessibility to the meeting or service. TO SPEAK ON AGENDA ITEMS(from Title 2, Chapter 1 of the Atascadero Municipal Code) Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and will request anyone interested to address the Council regarding the matter being considered to step up to the podium. If you wish to speak for, against or comment in any way: 1. You must approach the podium and be recognized by the Mayor 2. Give your name and address (not required) 3. Make your statement 1400' 4. All comments should be made to the Mayor and Council 5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other individual, absent or present 6. All comments limited to 5 minutes (unless changed by the Council) 7. No one may speak for a second time until everyone wishing to speak has had an opportunity to do so, and no one may speak more than twice on any item. If you wish to use a computer presentation to support your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations brought to the meeting on a USB drive or CD is preferred. Access to hook up your laptop to the City's projector can also be provided. You are required to submit to the City Clerk a printed copy of your presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence and turn in the printed copy. The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be heard by the Council. TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the Council to: • Please approach the podium and be recognized • Give your name and address (not required) • State the nature of your business This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be allowed for Community Forum (unless changed by the Council). 9 10 ITEM NUMBER: A- 1 DATE: 11/27/07 lois �s'�2V Atascadero City Council Staff Report — City Manager's Office Agreement to Provide City Attorney Legal Services RECOMMENDATION: Council approve the attached agreement with the law firm of Burke, Williams & Sorenson, to provide City Attorney Legal Services for the City of Atascadero. DISCUSSION: City Attorney Patrick Enright, with the firm of Kronick, Teidemann and Girard, resigned effective September 4, 2007. The City Council hired Dr. William Mathis to conduct a recruitment for City Attorney. Several legal firms applied, and the City Council interviewed the top five qualified firms on November 8, 2007. At the conclusion of the interviews, the Council directed the City Manager to hire Brian Pierik of Burke, Williams & Sorenson immediately as an interim City Attorney, and bring back to the Council an agreement with the firm of Burke, Williams & Sorenson for City Attorney Legal Services. FISCAL IMPACT: Monthly retainer of $9,500 for general legal work. Additional service to be billed at an hourly rate. ATTACHMENT: Agreement - 11 AGREEMENT FOR LEGAL SERVICES THIS AGREEMENT ("Agreement") is made and entered into by and between the CITY OF ATASCADERO, a general law city (hereinafter "CITY"), and the ATASCADERO COMMUNITY REDEVELOPMENT AGENCY, a redevelopment agency ("AGENCY"), collectively referred to as "ATASCADERO" and the law firm of BURKE, WILLIAMS & SORENSEN, LLP (hereinafter "BWS"): WITNESSETH: The parties hereto do agree as follows: SECTION L RECITALS. This Agreement is made and entered into with respect to the following facts: A. ATASCADERO has heretofore engaged the services of BWS to act as the City Attorney for CITY, and as General Counsel for AGENCY and to perform all legal services as needed by ATASCADERO; and B. It is the desire of the parties hereto to formalize, by means of this Agreement, their relationship pertaining to the performance of such legal services; and C. BWS and ATASCADERO desire, pursuant to this Agreement, to provide for the continuation of such legal services, in the time and manner set forth in this Agreement; and D. The legislative bodies of CITY and AGENCY have heretofore determined that the public interest, convenience and necessity require the execution of this Agreement. SECTION 2. APPOINTMENT OF CITY ATTORNEY-GENERAL COUNSEL. Brian A. Pierik, a BWS partner, is hereby appointed as the City Attorney of CITY and General Counsel of AGENCY ("City Attorney"). City Attorney shall serve at the pleasure of the Legislative bodies of CITY and AGENCY, and may be replaced at any-time, with or without cause, by any of the legislative bodies, without amending this Agreement. The City Attorney, or his approved successor, shall be responsible for providing or causing to be provided the legal services contemplated by this Agreement. SECTION 3. DESIGNATION OF ASSISTANT CITY ATTORNEY-GENERAL COUNSEL. The City Attorney, with the consent of the legislative bodies of the CITY and AGENCY shall designate a member of the firm to act as the Assistant City Attorney and Assistant General Counsel. Such person shall serve at the pleasure of the legislative bodies of the CITY and AGENCY and may be replaced, at any time, with or without cause, by any of the legislative bodies. CAM#4846-2423-8850 v1 12 SECTION 4. LEGAL SERVICES. BWS shall perform the legal services necessary to serve ATASCADERO which shall include, but are not limited to, the following: A. The City Attorney or authorized designee shall attend all regular meetings of the legislative bodies of CITY and AGENCY unless excused by the City Manager of the CITY or the General Manager of the AGENCY (hereinafter collectively "Manager"); and B. The Assistant City Attorney shall attend Planning Commission Meetings upon request by the Manager; and C. Provide legal advice to such other boards, commissions and committees of ATASCADERO as is directed by the Manager; and D. Provide legal advice on all matters affecting ATASCADERO as requested by any of the legislative bodies or the Manager; and E. Prepare or approve as to form, all resolutions, ordinances, contracts, agreements and other legal documents; and F. Represent ATASCADERO, and their respective elected and appointed officers, employees and agents in all administrative proceedings and civil or criminal litigation, except where otherwise ordered by ATASCADERO; and to prosecute violations of CITY ordinances when directed to do so by the Manager; and G. Provide legal advice and opinions on all financial mechanisms affecting ATASCADERO when requested by the Manager including and representing ATASCADERO as bond counsel in the issuance of bonds or other securities involving ATASCADERO. H. Provide such additional legal services as requested by the Manager. SECTION 5. COMPENSATION. BWS shall be compensated for providing the legal services contemplated by this Agreement, in accordance with the following: A. Retainer Services. "Retainer Services," for the purpose of this Agreement, shall mean attendance at regular and special meetings of the City Council and the Community Redevelopment Agency, attendance at Staff meetings, drafting of Ordinances and Resolutions, review of Agendas and responding to legal questions which arise on a day to day basis. BWS's compensation for such Retainer Services shall be in the sum of Ninety-Five V Hundred Dollars ($ 9,500.00) per calendar month for the first fifty (50) hours expended in providing such services. CAM#4846-2423-8850 vl 2 13 B. Legal Services above Retainer and Non-Retainer Legal Services. For Retainer Services above the retainer hours and for non-retainer legal services, BWS' , compensation shall be: Partners $240 per hour; Associates $215 per hour; Law Clerks $175 per hour and Paralegals $125 per hour. Bond counsel services are available by special arrangement under a fee structure reasonable for the project. C. Travel Time. Compensation for travel time shall be at the rate of$175 per hour. Travel time does not count against the 50 hours per month of Retainer Services. D. Hourly Rates. Effective July 1 of each year, commencing July 1, 2008, the hourly rates specified in this Agreement, unless otherwise negotiated, will be increased by a standard annual adjustment upon consultation with the Manager and approved by the City Council as part of the Council's standard budget adoption process, equal to the average Consumer Price Index for the previous four quarters. E. Reimbursement Expenses. BWS shall be entitled to reimbursement for all reasonable and necessary expenses incurred by it in the performance of legal services hereunder. "Reimbursable expenses" shall mean and include, but not be limited to reproduction of documents (currently $.20 per page), facsimile (currently $1.00 per page); mileage reimbursement (currently $.48 per mile), and other costs reasonably and necessarily incurred in performing services for the CITY and AGENCY. F. Invoices. Payment for Services. (1) Invoices. BWS shall submit monthly invoices to ATASCADERO for all services provided and costs incurred pursuant to the terms of this Agreement. Said invoices shall set forth by date the type of work performed, the time spent on a task and the identity of the attorney performing the task. Fees are charged in increments of 1/10th of an hour. Invoices shall contain itemized descriptions of any out-of-pocket expenses incurred during the prior month. (2) Payment. Payment to BWS shall be made by ATASCADERO within thirty (30) days of receipt of the statement. SECTION 6. TERM AND TERMINATION. The term of this Agreement shall commence on November 27, 2007, and shall continue thereafter until terminated as follows: A. TERMINATION BY ATASCADERO. The legislative bodies of CITY and/or AGENCY may terminate this Agreement at any time, with or without cause, upon thirty (30) days written notice to BWS. B. TERMINATION BY BWS. BWS may at any time, with or without cause, terminate this Agreement upon ninety (90) days written notice to ATASCADERO. CAM#4846-2423-8850 v1 3 X14 C. COMPENSATION IN THE EVENT OF TERMINATION. BWS shall be compensated for its services and reimbursed for costs rendered through and including the effective date of such termination. SECTION 7. COMPLIANCE WITH LAWS. BWS shall comply with all obligations required of it pursuant to the State Bar Act and other applicable laws, in connection with its provision of legal services hereunder. SECTION 8. NOTICES. Notices required pursuant to this Agreement shall be given by personal service upon the party to be notified, or by delivery of same into the custody of the United States Postal Service, or its lawful successor, postage prepared and addressed as follows: ATASCADERO: City Manager, City of Atascadero 6907 El Camino Real Atascadero, California 93422 BWS: Burke, Williams & Sorensen 2310 E. Ponderosa Drive, Suite 25 Camarillo, California 93010 Service of a notice by personal service shall be deemed to have been given as of the date of such personal service. Notices given by deposit with the United States Postal Service shall be deemed to have been given five (5) consecutive business days following the deposit of the same in the custody of said Postal Service. Either party hereto may, from time to time, by written notice to the other, designate a different address or person which shall be substituted for that above specified. SECTION 9. INDEMNIFICATION. BWS does hereby agree to hold, ATASCADERO, and their respective elected and appointed officers and employees free and harmless from any claim, demand or judgment which may arise based upon personal injury to a third party or damage to property of a third party arising out of the performance of services by BWS pursuant to this Agreement. SECTION 10. INSURANCE. Not in derogation of the provisions of Paragraph 9 hereof, BWS does hereby agree to take out and maintain, in full force and effect, during the term or extended terms of this Agreement, the following insurance coverage: *ftr CAM#4846-2423-8850 vl /.} 15 A. Liability insurance coverage, as is customary for law firms; and B. Such insurance coverage as is required pursuant to the Workers' Compensation Laws of the State of California; and C. Professional Liability Insurance. SECTION 11. GENERAL PROVISIONS. A. Assignment. BWS shall not assign this Agreement, or any of the rights, duties or obligations hereunder. B. Status of Independent Contractor. Nothing contained in this Agreement shall be deemed or construed to create the relationship of principal or agent, or of a partnership, or of a joint venture, or of any other association of any kind or nature between the CITY and BWS, nor shall any employee of BWS be deemed to be an employee of ATASCADERO. BWS is an independent contractor. Employees of BWS shall not be deemed to be employees or agents of ATASCADERO. Neither ATASCADERO nor any of their respective officers, employees, servants or agents shall have control over the conduct of BWS or any of BWS's officers, employees or agents. C. Discrimination. In the performance of this Agreement, BWS shall not engage in any unlawful discrimination of any kind, including without limitation, in its employment practices. D. Entire Agreement. This Agreement constitutes the entire Agreement of the parties concerning the subject matter hereof and all prior agreements or understandings, oral or written, are hereby merged herein. Except as expressly set forth herein, this Agreement shall not be amended in any way except by a writing expressly purporting to be such an amendment, signed and acknowledged by both of the parties hereto. E. Interpretation. Should interpretation of this Agreement, or any portion thereof, be necessary, it is deemed that this Agreement was prepared by the parties jointly and equally, and shall not be interpreted against either party on the ground that the party prepared the Agreement or caused it to be prepared. F. Waiver. No waiver of any provision of this Agreement by either party hereto shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any such waiver constitute a continuing or subsequent waiver of the same provision. No waiver shall be binding, unless executed in writing by the party making the waiver. SECTION 13. EFFECTIVE DATE. This Agreement shall be effective on November 27, 2007. CAM#4846-2423-8850 v1 5 16 - IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be **MW executed by their representatives as follows: CITY OF ATASCADERO DATE: November , 2007 By: George Luna, Mayor ATTEST: Marcia McClure Torgerson, City Clerk ATASCADERO COMMUNITY REDEVELOPMENT AGENCY DATE: November , 2007 By: vftw Tom O'Malley, Chair ATTEST: Marcia McClure Torgerson, Board Secretary BURKE, WILLIAMS & SORENSEN, LLP DATE: November , 2007 By: John J. Welsh, Managing Partner CAM#4846-2423-8850 v1 17 18 - ITEM NUMBER: A-2 DATE: 11/27/07 n loin 197-9 i ,r A�S4CM Atascadero City Council Agenda Report - Public Works Department Temporary Road Closure Clear Channel Radio - Ice Skating Rink RECOMMENDATION: Council approve a request by Clear Channel Radio for the closure of Palma Ave., West Mall to East Mall, from December 20, 2007 through January 7, 2008. DISCUSSION: Clear Channel Radio is requesting the closure of Palma Avenue from West Mall to East Mall from December 20, 2007 to January 7, 2008 to provide for the rink entrance and vendor booths in conjunction with the Ice Skating Rink installation in the Sunken Gardens. FISCAL IMPACT: $160.00 for the installation of Road Closed signs by Public Works Staff ATTACHMENT: Road Closure Map 19 *w 'tMY/fli(r n �< e Y L V " 4 n. x� V Road Closure Request December 2 • 2007- January • Clear Channel Radio Ice • Rink ITEM NUMBER: A-3 DATE: 11/27/07 �s�s ■ �9 Atascadero City Council Staff Report - Public Works Department Temporary Road Closure Holiday Musical Walk-around-the-Lake RECOMMENDATION: Council approve the temporary road closure of Marchant Avenue (from Pismo Street to Santa Rosa Road) and Lakeview Drive (from Santa Rosa to Portola Road) for the Holiday Musical Walk-around-the-Lake on December 1, 2007. DISCUSSION: On Saturday, December 1, 2007, staff is proposing the closure of Marchant Avenue (from Pismo Street to Santa Rosa Road) and Lakeview drive (from Santa Rosa to Portola Road) from 5:00 p.m. until 11:00 p.m. to conduct the annual "Holiday Musical W alk-around-the-Lake." The annual Holiday Musical Walk-around-the-Lake includes performers in the Lake Pavilion, activities in the park, as well as festivities at various residences and locations around the Atascadero Lake. The event will be sponsored and conducted by the Lake Neighbors Association and coordinated, in part, by the City of Atascadero's Community Services and Public Works Departments. FISCAL IMPACT: $320.00 for the installation of Road Closed signs by Public Works Staff ATTACHMENT: Road Closure Map 21 HOLIDAY MUSICAL WALK-AROUND-THE-LAKE Santa Rosa halt! fi 22 ITEM NUMBER: A-4 DATE: 11/27/07 i18 1 ?8 � �EBoj A tascadero City Council Staff Report - Public Works Department Final Map 2007-0153 (Parcel Map AT 02-0160) 2800 EI Camino Real (LLA 2002-0043) Frederick (Final Map for Lot Line Adjustment, which changes configuration of two parcels, but does not create additional lots or overall square footage.) RECOMMENDATIONS: Council: 1 . Accept and Approve Final Parcel Map 2007-0153 (Parcel Map ATAL 02- 0160), and 2. Reject, without prejudice to future acceptance, the offer of dedication for Public Drainage Easement on behalf of the public, and 3. Authorize and direct the City Clerk to endorse the City Council's approval on the map. DISCUSSION: Lot Line Adjustment 2002-0043 was approved by the City Community Development Director on December 3, 2004. The Lot Line Adjustment changed the configuration of Parcel 1 and Parcel 2 but did not change the overall square footage. No additional lots were created as part of this action. Pursuant to California Government Code Section 66412, the approving legislative body (City Council) shall limit its review to whether or not the lot line adjustment will conform to the General Plan and any zoning and building ordinances. Staff has determined that Final Map 2007-0153, is in substantial conformance with the General Plan and all applicable zoning and building ordinances. FISCAL IMPACT: None ATTACHMENT: Exhibit A: Final Map 2007-0153 (Parcel Map AT 06-0160) 23 Exhibit A Final Map 2007.0153(Parcel Map AT 05-0160) 2800 EI Camino Real Frederick sss $ (� e « r:r as mi ell Rll p a O / ' b 8` S '12 jib 0. uO 'JVJJIsse�9 ! Ys ZZZp�a� th Zs� —O. sm r 5 z _ -24 ITEM NUMBER: A-5 DATE: 11/27/07 i9is � ie e Atascadero City Council Staff Report - Community Development Department Second Reading of Draft Ordinances for: PLN-2099-0818 General Plan Amendment / Zone Change / Planned Development Amendment and Two Lot Parcel Map Eagle Creek Golf Course (Gearhart) (Approval would result in zone changes, the authorization to replace the existing golf course with two single-family residences, and a 10-acre lot subdivision into two lots.) Sae RECOMMENDATIONS: Council: 1. Approve on second reading, by title only, Draft Ordinance A approving Zone Text Change 2005-0111 amending the PD-8 Overlay District based on findings; and 2. Approve on second reading, by title only, Draft Ordinance B approving Zoning Map Change 2005-0111 based on findings. REPORT-IN-BRIEF: The proposed project consists of a General Plan Amendment of 10.0 acres from CREC (Commercial Recreation) to RSF-Y (Residential Single-Family 1.0 acre min), a Zone Change of 10.0 acres from LS (Special Recreation) to SFR-Y (Single-Family Residential 1.0 acre min), an amendment of the Master Plan of Development for Planned Development-8 to replace an existing golf course with two single-family residences, and a parcel map to subdivide 10.0 acres into two lots. The proposed project is located within the 100-year flood plain. The City Council held a hearing on November 13, 2007 to consider approval of the Www, proposed project. The project was approved on a 3-2 vote with no amendments to the - 25 proposed ordinances. The City Council must approve the two attached draft ordinance on second reading in order for the project entitlements to go into effect. Situation and Facts: 1. Applicant/ Representative: Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422 2. Owner: Kelly Gearhart, 6205 Alcantara Ave., Atascadero, CA 93422 3. Project Address: 13000 Atascadero Road, Atascadero, CA 93422 APN 045-391-015, 016 4. General Plan Designation: CREC (Commercial Recreation) 5. Zoning District: LS (Special Recreation) 7. Site Area: 10.0 acres 8. Existing Use: Abandoned Golf Course 9. Environmental Status: Proposed Mitigated Negative Declaration 2007-0022 FISCAL IMPACT The project will likely have a slight negative fiscal impact on City Revenues. A City fiscal analysis found that residential projects tend to require services that exceed the tax revenues generated. The total deficit for the project is estimated at less than $1,000 and is off-set by the large privately maintained open space area. 26 Location Map � Ir Project / ✓ of 1 '` �.: Location 33.1 _ f / 1 i ATTACHMENTS: Attachment 1: Draft Ordinance A Attachment 2: Draft Ordinance B 27 ATTACHMENT 1: Draft Ordinance A Amendment of PD-8 Overlay Zone Code Text DRAFT ORDINANCE A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE 2005-0111 TO AMEND PLANNED DEVELOPMENT OVERLAY DISTRICT-8 APN 045-391-0159 016 13000 Atascadero Road (Gearhart) WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422, (Applicant) and Atascadero Homeowners LLC, 6205 Alcantara Avenue, Atascadero, CA 93422, (Property Owner) to consider a project consisting of a General Plan Land Use Diagram Amendment from CREC (Commercial Recreation) to SFR-Y (Single- Family Residential 1.0 ac min) and a Zoning Map Change from LS / PD-8 / FH (Special Recreation with a Planned Development-8 and Flood Hazard Overlay) to RSF-Y / PD-8 / FH (Residential Single-Family 1.0 ac min with a Planned Development-8 and Flood Hazard Overlay) with a corresponding Master Plan of Development and Vesting Tentative Parcel Map on a 10.0-acre site located at 13000 Atascadero Road (045-391-015, 016); and, WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of Planned Development Overlay Zones to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0022 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text to protect the health, safety and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text Change application was held by the Planning Commission of the City of Ataseadero at which 28 T hearing evidence, oral and documentary, was admitted on behalf of said Zoning Text Amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on October 16, 2007, studied and considered Zone Change 2005-0111, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text Change application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning Text Amendments; and, WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on November 13, 2007, studied and considered Zone Change 2005-0111, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project and the Planning Commission's recommendation; and, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS SECTION 1. Findings for Approval of a Zone Text Change Amending PD-8 Planned Development Overlay District. The City Council finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the Overlay Zone cannot be reasonably achieved through existing development standards or processing requirements. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on November 13, 2007, resolved to introduce for first reading by title only, an Ordinance that would amend the City Zoning code text with the following: Section 9-3.652 of the Atascadero Municipal Code is amended to read as follows: 9-3.652 Establishment of Planned Development Overlay Zone No. 8: (PD8). Planned Development Overlay Zone No. 8 is established as shown on the Official Zoning Maps (Section 9-1.102). The following development standards are established: (a) A Master Plan of Development shall be approved prior to any development of the site. The Master Plan shall be processed in the same manner as a Conditional Use Permit except that that Master Plan may be submitted and processed in the same manner set forth for the processing of a tentative map. (b) In approving a Master Plan of Development for the site, the uses allowed shall be - 29 limited to: (1) Single-family dwellings; -4000 (2) Residential accessory uses (See Section 9- 6.106); (4) 1~.,..... . alraising (Coo Seetia., n 6.114-)--, i (43)Home occupation (See Section 9-6.105); (64) Temporary dwelling (See Section 9-6.176); (7) [1 gFie lt,,-.,1 . essar), uses (See Seetion-9-6.ivy b olf 6aurse and�of tennis and swim olub (See Seetio 9 6.123); (915) Pipelines; (c) No uses shall be established, or expanded, unless approved pursuant to a Master Plan following a public hearing. (d)The grove of oak trees located on the slope between the top of the knoll and the intersection of Santa Barbara and Atascadero Roads shall be preserved. In approving a Master Plan, or Tentative Map, efforts shall be made to place this extreme western portion of the property into open space easement, or otherwise ensure its preservation. (e) Any substantial ox r a f reer-eatianal uses beyend a nine , 1 golf eaufse g,uir x�l>i. -e preparation of a tr- ff4study. The result f that tf ff;,. study ,1 r-eeemmen,1 t shall . „ the „t e lo..daf of the City G 1 . ...YYv..�. vaa uav vviioeni z. (€e) Residential uses shall be subject to Appearance Review. (Ord. 338 § 2, 1998: Ord. 221 § 3, Exh. B, 1991) (gf) An open space easement of 6.5±acres shall be maintained in perpetuity on the northern part of lot 1 created by parcel map AT 05-0364 The open space easement shall , remain landscaped and with plant material in good condition consistent with the landscape plan adopted by CUP 2005-0175 (Master Plan of Development PD-8) No structures vehicles, equipment, livestock or material shall be erected or stored in the open space easement. No further subdivisions or lot line adjustments shall be permitted of lot 1 created by parcel map AT 05-0364. W The limited grazing of animals for the purpose of annual wildfire fuel management is permitted. SECTION 3: A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's Office on and after the date following introduction and passage and shall be available to any interested member of the public. 30 INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on , by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF ATASCADERO Dr. George Luna, Mayor ATTEST: `err• Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian Pierik, City Attorney 31 ATTACHMENT 2: Draft Ordinance B Approval of Proposed Zoning Map Change DRAFT ORDINANCE B AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING ZONE CHANGE 2005-0111, AMENDING THE OFFICIAL ZONING MAP DESIGNATION FROM LS / PD-8 /FH (SPECIAL RECREATION WITH A PLANNED DEVELOPMENT-8 AND FLOOD HAZARD OVERLAY) TO RSF-Y/ PD-8 / FH (RESIDENTIAL SINGLE-FAMILY 1.0 AC MIN WITH A PLANNED DEVELOPMENT-8 AND FLOOD HAZARD OVERLAY) APN 045-391-0159 016 13000 Atascadero Road (Gearhart) WHEREAS, an application has been received from Kelly Gearhart, 6205 Alcantara Avenue, Atascadero, CA 93422 (Applicant) and Atascadero Homeowners LLC, 6205 Alcantara Avenue, Atascadero, CA 93422 (Property Owner) to consider a project consisting of a General Plan Land Use Diagram Amendment from CREC (Commercial Recreation) to SFR-Y (Single- Family Residential 1.0 ac min) and a Zoning Map Change from LS / PD-8 / FH (Special Recreation with a Planned Development-8 and Flood Hazard Overlay) to RSF-Y / PD-8 / FH (Residential Single-Family 1.0 ac min with a Planned Development-8 and Flood Hazard Overlay) with a corresponding Master Plan of Development and Vesting Tentative Parcel Map on a 10.0-acre site located at 13000 Atascadero Road (045-391-015, 016); and, WHEREAS, the Planning Commission has recommended that the site's current General Plan Designation be changed from CREC (Commercial Recreation) to SFR-Y (Single-Family Residential 1.0 ac min); and, WHEREAS, the site's current zoning district is LS /PD-8 / FH (Special Recreation with a Planned Development-8 and Flood Hazard Overlay); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0022 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has recommended that it is in the best interest of the City to enact this amendment to the Official Zoning Map to protect the health, safety and welfare of its citizens by applying orderly development of the City; and, 32 WHEREAS, the laws and regulations relating to the preparation and public notice of 'Now environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning Amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on October 16, 2007, studied and considered Zone Change 2005-0111, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the City Council of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning Amendments; and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on November 13, 2007, studied and considered Zone Change 2005-0111, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project and the Planning Commission's recommendation, and, Vaw NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Man of Atascadero Changing the existing site zoning to RSF-Y / PD-8 / FH (Residential Single- Family 10 ac min with a Planned Development 8 and Flood Hazard Overlay). The City Council finds as follows: 1. The proposed Zone Change is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan. 2. The proposed Zone Change is compatible with existing development, neighborhoods and the environment. 3. The proposed Zone Change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 4. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 5. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 6. Benefits derived from the Overlay Zone cannot be reasonably achieved through existing development standards or processing requirements. 33- 7. The proposed project offers certain redeeming features to compensate for the requested Zone Change. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on November 13, 2007, resolved to introduce for first reading by title only, an Ordinance that would amend the Atascadero Zoning Map consistent with the following: Exhibit A: Zone Map Amendment Diagram SECTION 3: A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's Office on and after the date following introduction and passage and shall be available to any interested member of the public. INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on , by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF ATASCADERO Dr. George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian Pierik, City Attorney 34 Exhibit A: Zone Map Amendment Diagram it ✓f/ �. �` * ✓�" �I ISI IIIIII�� ''�\ r� ✓° ti,�i 1 1 ` '` r ✓ '�� /'r` /��' \ `� I �I I \ter \ �''� � +, r' t\ rf / .� *• �' I� X41, � � f J✓ ✓ �\� 1� �, 1 J1 r` 1' 1 i / ♦ . ` Zoning Map Amendment fr \,\ f `I I Existing Zoning: LS/PD-8 /FH(Special Recreation) Proposed Zoning: RSF-Y/PD-8/FH(Residential Single-Family) 1.0 ac min f I 1 i 4 1 1 `} III � l�� �' �� � � � ✓fr,. t( � ill 5 i';��� -'✓\�.'. �! ��1'"r..''�� r�`', /�/ ,':r� \\Citylmll\cdvlpmnt\- pre 06 PLN,;(Old Planning Docs)\-GPA- General Plan Amendments\GPA 05\GPA 2005-0016 Eagle Creek\GPA 2005-0016.PC-SR.10-16-07.wmf.doc 35 36 ITEM NUMBER: A-6 ; ■' ' DATE: 11/27/07 Isis Ie� � �EBgj Atascadero City Council Staff Report - Community Development Department Title 4 / Title 7/ Title 8 Local,Building Code and Fire Protection Code Adoption (City of Atascadero) (Proposed ordinance will bring the City's Building and Fire Protection Codes into conformance with the required State Codes that take effect January 1, 2008, and will also establish amendments to the State Code specific to the City of Atascadero.) RECOMMENDATION: 1. Council adopt on second reading, by title only, Draft Ordinance A to: (1) repeal Title 8 (Building Regulations) and Chapter 7 of Title 4 (Fire Code) of the Municipal Code, and (2) approve a new Title 8 and Chapter 7 of Title 4 adopting the 2007 edition of the California Building, Mechanical, Plumbing, Electrical, Historical Building, Existing Building, and Fire Codes, and the 2006 edition of the International Property Maintenance Code, with amendments, and (3) amend Chapter 3 of Title 7 (Public Works) to revise the definition of sewer connection availability. DISCUSSION: The proposed ordinance will bring the City of Atascadero's Building and Fire Protection Codes into conformance with the required State Codes that take effect January 1, 2008. The proposed text will also establish amendments to the State Code specific to the City of Atascadero. On November 13, 2007, the City Council held a public meeting to discuss the proposed updates and amendments to the above referenced codes. 37 FISCAL IMPACT: There are no significant fiscal impacts. ATTACHMENT: 1. Draft Ordinance A 38 Attachment 1: Draft Ordinance A `fir►` DRAFT ORDINANCE A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA REPEALING TITLE 8 (BUILDING REGULATIONS) AND CHAPTER 7 OF TITLE 4 (FIRE CODE), AND AMENDING TITLE 8 AND CHAPTER 7 OF TITLE 4 OF THE MUNICIPAL CODE TO ADOPT AND AMEND THE LATEST EDITIONS OF THE CONSTRUCTION AND FIRE CODES, AND AMENDING CHAPTER 3 OF TITLE 7 RELATED TO SEWER CONNECTION AVAILABILITY, AND ADOPT FINDINGS OF FACTS TO SUPPORT THE IMPOSITION OF REQUIREMENTS GREATER THAN THE REQUIREMENTS ESTABLISHED BY OR PURSUANT TO THE CALIFORNIA BUILDING STANDARDS CODE (City of Atascadero) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from the City of Atascadero (6907 El .r Camino Real, Atascadero, CA 93422), to consider a project consisting of Amendments to Title 8, Title 4, and Title 7 of the Atascadero Municipal Code to be consistent with the California Building Standards Code; and, WHEREAS, it is the desire and intent of the City Council of the Atascadero to provide citizens with the greatest degree of fire, life and structural safety in buildings in the most cost effective manner by adopting that body of regulations referred to as the California Building Standards Code with amendments specific to the City of Atascadero; and WHEREAS,the California Health and Safety Code, Section 17958.5 and Section 18941.5, require the City Council, before making any modifications or changes to the California Building Standards Code pursuant to Health and Safety Code Sections 18941.5 and 17958.5, to make an express finding that each such modification or change is needed; and, WHEREAS, the California Health and Safety Code Section 17958.7 requires that such changes must be determined to be reasonably necessary because of local climatic, geological, or topographical conditions; and, WHEREAS, such findings must be made available as a public record and a copy thereof with each such modification or change shall be filed with the State of California Building Standards Commission; and, V#AW WHEREAS, the proposed text amendments are exempt per section 15061(b)(3) in accordance with the California Environmental Quality Act(CEQA); and, 39 WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on November 13, 2008, studied and considered the proposed municipal code text amendments and changes; and, WHEREAS, the Council of the City of Atascadero affirms the findings justifying previous changes and modifications to the adopted construction and fire codes previously adopted; and, WHEREAS, the City Council hereby determines that Sections 701A.3.2, 903.2, 1011.1.1-1011.1.3, 1505.1, 1506.3.1 and 1802.2, and Appendix Sections J101.3, J101.4, J103.2, J108.1 and J110.2 of the 2007 California Building Code, Sections 710.1, 713.5, 717.0, 719.1 and Appendix Sections Kl(A) of the 2007 California Plumbing Code, Article 230-70(A)(1) of the 2007 California Electrical Code, and Sections 311.2, 503.1, 505.1, 508.2.2, 603.4, 609.2, 903.2, 904.11.4.2, 904.11.6.4, 1011.1.1-1011.1.3, 1411.4, and 1415.1 of the 2007 California Fire Code are required to be modified due to the findings contained herein to greater requirements than those set forth in the California State Building Standards; and, WHEREAS, the City Council finds that each of the changes or modifications to measures referred to therein are reasonably necessary because of local climatic, geological, or topographical conditions in the area encompassed by the boundaries of the City of Atascadero, and the City Council further finds that the following findings support the local necessity for the changes or modifications: 1. That the City of Atascadero is situated at the base of a watershed of the Santa Lucia Mountains and that flooding of Atascadero Creek, Graves Creek, and Salinas River results in conditions rendering fire department vehicular traffic unduly burdensome or impossible as witnessed in major floods that occurred in 1952, 1961, 1969, 1973, 1978, 1982, and 1995. Furthermore, flood conditions described above create the potential for overcoming the ability of the fire department to aid or assist in fire control, evacuations, rescues and other emergency task demands inherent in such situations. The resulting overburdening of fire department personnel may cause a substantial or total lack of protection against fire for the buildings and structures located in the City of Atascadero. The afore-described conditions support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code and, in particular, support the imposition of greater requirements than set forth in Sections 701A.3.2, 903.2, 1011.1.1-1011.1.3, 1505.1, and 1506.3.1 of the 2007 California Building Code, Article 230-70 of the 2007 California Electrical Code, and Sections 311.2, 503.1, 505.1, 508.2.2, 603.4, 609.2, 903.2, 904.11.4.2, 904.11.6.4„ 1011.1.1-1011.1.3, 1411.4, and 1415.1 of the 2007 California Fire Code. 2. That the City of Atascadero is situated near three major faults each capable of generating earthquakes with a magnitude of 7.5. These are the San Andreas to the east of the City, the Nacimiento-Rinconada that crosses Hwy 101 north of the City then parallels the City to the east, and the Hosgri to the South West. Other faults of importance are the Huasna and West Huasna to the Southeast of the City, the San Simeon to the Northwest. In as much as these faults are included as major California 40 - earthquake faults, which are subject to becoming active at any time, the City Atascadero is particularly vulnerable to devastation should such an earthquake occur. The potential effects include isolating the City of Atascadero from the North and South due to the potential for collapsing of freeway overpasses or a slide on both the Cuesta and Ontario Grades and the potential for horizontal or vertical movement of the Edna fault rendering surface travel across the southern extremities of the city unduly burdensome or impossible. Additional potential situations inherent in such an occurrence include broken natural-gas mains causing structure and other fires, leakage of hazardous materials, the need for rescues from collapsed structures, and the rendering of first aid and other medical attention to large numbers of people. The protection of human life and the preservation of property in the event of such an occurrence support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code and in particular support the imposition of greater requirements than set forth in Sections 701A.3.2, 903.2, 1011.1.1-1011.1.3, 1505.1, and 1506.3.1 of the 2007 California Building Code, Article 230-70 of the 2007 California Electrical Code, and Sections 311.2, 503.1, 505.1, 508.2.2, 603.4, 609.2, 903.2, 904.11.4.2, 904.11.6.4„ 1011.1.1-1011.1.3, 1411.4, and 1415.1 of the 2007 California Fire Code. 3. That the central commercial area in the City of Atascadero consists of mixed conditions that create the potential for possible conflagration, including congested streets during the business day, numerous older buildings without adequate internal fire-resistance, and contemporary low-rise buildings. Significant spread of fire in said area will actually exceed the fire suppression capabilities of regional firefighting nr. personnel. The continued development of the Atascadero commercial area and the current and potential development of high-rise buildings pose a substantial threat of fire to human life, public safety, and the preservation of property and support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code, and in particular, support the imposition of greater requirements than set forth in Sections 701A.3.2, 903.2, 1011.1.1-1011.1.3, 1505.1, and 1506.3.1 of the 2007 California Building Code, Article 230-70 of the 2007 California Electrical Code, and Sections 311.2, 503.1, 505.1, 508.2.2, 603.4, 609.2, 903.2, 904.11.4.2, 904.11.6.4„ 1011.1.1-1011.1.3, 1411.4, and 1415.1 of the 2007 California Fire Code. 4. That the City of Atascadero is bisected by a major freeway (Hwy 101), traversing in the north/south direction and a major highway (Hwy 41)traversing in an east/west direction. The City is also transected by a mainline railroad that traverses in the north/south direction. It is a frequent occurrence for the aforementioned highways and railway to support the transportation of hazardous materials. The potential for release or threatened release of a hazardous material along one of these routes is highly probable given the volume transported daily. Incidents of this nature will normally require all available emergency response personnel to prevent injury and loss of life, and to prevent as far as practicable, property losses. Emergency personnel responding to said incidents may be unduly impeded and delayed in accomplishing an emergency response as a result of this situation, with the potential result of undue and vow unnecessary risk to the protection of life and public safety,particularly in those buildings or structures without the protection of automatic fire sprinklers. The above- - 41 described problems support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code, and in particular support the imposition of greater requirements than set forth in Sections 701A.3.2, 903.2, 1011.1.1-1011.1.3, 1505.1, and 1506.3.1 of the 2007 California Building Code, Article 230-70 of the 2007 California Electrical Code, and Sections 311.2, 503.1, 505.1, 508.2.2, 603.4, 609.2, 903.2, 904.11.4.2, 904.11.6.4, 1011.1.1-1011.1.3, 1411.4, and 1415.1 of the California Fire Code. 5. That seasonal climatic conditions during the late summer and fall create numerous serious difficulties in the control and protection against fire situations in the City of Atascadero. The hot, dry weather in combination with Santa Ana winds frequently results in wildland fires in the brush-covered slopes on the Santa Lucia Mountains and several areas surrounding. The aforementioned areas completely surround the City. When a fire occurs in said areas, such as occurred in 1994, the Highway 41 fire burned for several days and entered the City, the entirety of local fire department personnel is required to control, monitor, fight and protect against such fire situations in an effort to protect life and preserve property and watershed land. The same climatic conditions may result in the concurrent occurrence of one or more fires in the more populated areas of the City without adequate fire department personnel to protect against and control such a situation. Therefore, the above-described findings support the imposition of fire-protection requirements greater than those set forth in the California State Building Standards Code, and in particular support the imposition of greater requirements than set forth in Sections 701A.3.2, 903.2, 1011.1.1-1011.1.3, 1505.1, and 1506.3.1 of the 2007 California Building Code, Article 230-70 of the 2007 California Electrical Code, and Sections 311.2, 503.1, 505.1, 508.2.2, 603.4, 609.2, 903.2, 904.11.4.2, 904.11.6.4„ 1011.1.1-1011.1.3, 1411.4, and 1415.1 of the 2007 California Fire Code. 6. That for the most part, the soils in the City of Atascadero are medium to highly expansive in nature, and such soils may cause damage to foundations, structures and underground utilities if not properly mitigated through known construction techniques. Furthermore, a significant part of the City lies on hills and rolling topography subject to earth slides and movements and present problems to developments constructed in such areas due to surface water drainage and disposal. The above-described conditions support the imposition of requirements greater than those set forth in the California State Building Standards Code and, in particular, support the imposition of greater requirements than those set forth in Sections 1802.2, and Appendix Sections J101.3,J101.4,J103.2,J108.1 and J110.2 of the 2007 California Building Code, Sections 710.1, 713.5, 717.0, 719.1 and Appendix Section K1(A) of the 2007 California Plumbing Code; and, WHEREAS, the City Council has determined that the provisions of the State Building Standards Code are shall be modified, changed and amended, as provided for in this ordinance, based upon the foregoing findings and that said Council takes said action because of the public interest in protecting life and preserving public safety and property; and, y.r 42 WHEREAS, the Building Official is hereby authorized and directed to transmit a copy of this ordinance to the California Building Standards Commission as required by California Health and Safety Code Section 17958.7. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. All Chapters of Title 8 of the City of Atascadero Municipal Code are hereby repealed and replaced by new Title 8 as follows. TITLE 8 Chapter 1 ADMINISTRATIVE Section 8-1.101 Title. This title shall be known as the City of Atascadero Building Construction Code,Title 8 of the Atascadero Municipal Code. Section 8-1.102 Adoption of Codes. Seven documents, three (3) each of which are on file in City offices, identified by the Seal of the City of Atascadero, marked and designated as the 2007 edition of the vow California Building Code (Volumes 1 and 2) published by the International Code Council, the 2007 edition of the California Electrical Code published by the National Fire Protection Association, the 2007 editions of the California Mechanical Code and the California Plumbing Code published by the International Association of Plumbing and Mechanical Officials, the 2007 edition of California Energy Code, the 2007 edition of the California Historical Building Code, the 2007 edition of the California Existing Building Code, and the 2006 edition of International Property Maintenance Code published by the International Code Council are hereby adopted, including chapters and sections not adopted by agencies of the State of California, and including appendices thereto, as the Building Construction Regulations of the City of Atascadero. The provisions of such are hereby referred to, adopted, and made a part hereof as if fully set out in this Chapter except as modified hereinafter. Section 8-1.103 Building Official Designated. The Building Official is hereby designated as the building official and code official for the City of Atascadero. Where the "authority having jurisdiction" is used in the adopted codes, it shall mean the building official. 43 Chapter 2 ORGANIZATION AND ENFORCEMENT Section 8-2.101 Administration of Adopted Codes. The administration and enforcement of this Title shall be in accordance with Appendix Chapter 1 of the California Building Code as adopted in Chapter 1 of this Title and amended in this Chapter. Section 8-2.102 Modification of Appendix Chapter 1. A. Amend Appendix Section 103.1 to read as follows: 103.1 Creation of enforcement agency. The Building Services Division is hereby created and the official in charge thereof shall be known as the building official. B. Amend Appendix Section 105.1 and add Appendix Section 105.1.3 to read as follows: 105.1 Required. Any owner or authorized agent who intends to construct,enlarge, alter,repair, move, demolish, or change the occupancy of a building or structure, or to erect, install, enlarge, repair, remove, convert or replace any electrical, gas, mechanical or plumbing system, the installation of which is regulated by this code, or cause any such work to be done, shall first make application to the building official and obtain the required permit. Grading and/or waste disposal system permits for "'go, residential sites shall not be issued separately from the building permit for the residence without specific approval of the building official and Community Development Director. 105.1.3 Cargo containers and railroad cars. Railroad cars, cabooses, shipping containers, mobile homes, and similar assemblies shall not be moved into or relocated within the City limits for habitation, storage or any structural purpose without approval of the building official. Said structures do not qualify as conventional construction, and therefore shall be substantiated by structural plans and calculations prepared by a California licensed architect or engineer. C. Amend Appendix Section 105.3.2 to read as follows: 105.3.2 Time limitation of application. An application for a permit for any proposed work shall be deemed to have been abandoned 180 days after the date of filing, unless a permit has been issued; except that the building official is authorized to grant one extension of time for an additional period not exceeding 180 days. In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. D. Amend Appendix Section 105.5 to read as follows: 44 105.5 Expiration of permit. Every permit issued by the building official under the provisions of this code shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 180 days from the date of issuance of such permit, or if the building or work authorized by such permit is suspended or abandoned for a period of 180 days at any time after the work is commenced. Failure to request and receive a recorded inspection by the building official within the 180-day period constitutes a condition of suspension or abandonment. Before work can be recommenced after expiration of a permit, a new permit shall be obtained to do so, and the fee therefore shall be one half the amount required for a new permit for such work, provided no changes have been made or will be made in the original plans and specifications for such work, and provided further that such suspension or abandonment has not exceeded one year. In order to renew action on a permit after expiration, the permittee shall pay a new full permit fee. Any permittee holding an unexpired permit may apply for an extension of the time within which work may commence under that permit when the permittee is unable to commence work within the time required by this section for good and satisfactory reasons. The building official may extend the time for action by the permittee for a period not exceeding 180 days on written request by the permittee showing that circumstances beyond the control of the permittee have prevented action from being taken. No permit shall be extended more than once. E. Amend Appendix Section 112 to read as follows: SECTION 112 BOARD OF APPEALS 112.1 General. In order to hear and decide appeals of orders, decisions or determinations made by the building official relative to the application and interpretations of the California Building Standards Code and the International Property Maintenance Code, there shall be and is hereby created a Board of Appeals. Said Board shall also serve as the Housing Appeals Board and the Local Appeals Board referenced in the California Building Standards Code. The building official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The Board of Appeals shall be the City Council. The board shall adopt rules of procedure for conducting its business. 112.2 Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly interpreted, the provisions of this code do not fully apply or an equally good or better form or construction is proposed. The board shall have no authority to waive requirements of this code. For appeals relating to accommodations for the disabled, the authority of the board shall include the ability authorize reasonable alternatives to disabled access requirements imposed by the California Building **AW Standards Code. - 45 F. Add Appendix Sections 113.2.1 and 113.3.1 to read as follows: 113.2.1 Notice of noncompliance. When determined by the building official that `" work has been done without required permits, or has not been completed in accordance with the requirements of this code, the State Housing Laws, or any other adopted code, the building official may cause a Notice of Noncompliance to be recorded with the County Recorder and shall notify the owner of the property of such action. The Notice of Noncompliance shall describe the property, shall set forth the non-complying conditions, and shall state that the owner of such property has been duly notified. The building official shall record a notice of release of the Notice of Noncompliance with the County Recorder when it has been determined by the building official that the non-complying conditions have been corrected. 113.3.1 Liability for costs of enforcement. Any person who maintains any premises in violation of any provision of this code, the State Housing Law, or any ' other adopted code shall be liable for and obligated to pay to the City of Atascadero all costs incurred by the City of Atascadero in obtaining abatement or compliance that is attributable to or associated with the enforcement or abatement action, whether the action is administrative, injunctive, or legal, and for all damages suffered by the City of Atascadero, its agents, officers, and employees as a result of such violation or efforts to abate the violation. If the owner of the property involved in such abatement or compliance action fails to pay for the costs of such abatement or compliance action upon demand by the City of Atascadero, the City Council by resolution may order the cost of the abatement to be specially assessed against the parcel. Such assessment shall be collected at the same time and in the same manner as ordinary City taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of the delinquency as are provided for ordinary City taxes. G. Amend Appendix Section 115.1 of to read as follows: 115.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation, or which constitute a fire hazard, or are otherwise dangerous to human life or public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe, as the building official deems necessary and as provided for in this section and the 2006 edition of the International Property Maintenance Code, as adopted. A vacant structure that is not secured against entry shall be deemed unsafe. 46 H. Add Section 116 to read as follows: SECTION 116 CONSTRUCTION SITE 116.1 Temporary toilet facilities required. No person shall initiate or proceed with construction, erection, alteration, repair, or razing a project without first having provided an adequate number of suitable sanitary job toilet facilities for the use of workers on the project in a ration of 1 toilet per 30 workers. Toilets must be within two hundred (200) feet of each work area within the project site. Chapter 3 BUILDING CODE Section 8-3.101 Modifications of the California Building Code. A. Delete Appendix A, B,D, and F. B. Amend Section 701A.1 to read as follows: 701A.1 Scope. This chapter applies to building materials, systems and/or assemblies used in the exterior design of construction of new buildings and additions to existing buildings located within a Wildland-Urban Interface Area as defined in Section 702A. `rrr C. Amend Section 701A.3.2 to read as follows: 701A.3.2 New buildings or additions to buildings located in any fire hazard severity zone. New buildings and additions to existing buildings located in any Fire Hazard Severity Zone, or any Wildland-Urban Interface Fire Area designated by the enforcing agency for which an application for a building permit is submitted on or after January 1, 2008, shall comply with all sections of this chapter and the provisions of the International Wildland-Urban Interface Code adopted and amended in Sections 8-7.102 and 8-7.104 of the Atascadero Municipal Code. Exceptions: 1. Accessory structures not exceeding 120 square feet in floor area. 2. Agricultural buildings where located at least 50 feet from buildings containing habitable spaces on the same lot and 50 feet from an adjacent property line. 3. Additions to existing buildings where the floor area of the addition is not more than 25 percent of the floor area of the existing building and the exterior details of the addition will match the existing building. D. Delete Sections 903.2 through 903.2.10.3. Add new Sections 903.2 and 903.2.1 through 903.2.10.3 to read as follows: 903.2 Where required. An approved automatic fire sprinkler system shall be installed: 47 1. Throughout all new buildings. Exceptions: 1. Buildings containing Groups B and M occupancies where floor area is not more than 500 square feet (46.45 m 2) and located not less than 10 feet from adjacent buildings on the same property and not less than 5 feet from adjacent property lines. 2. Buildings containing Group U occupancies where floor area is less than 1000 square feet (92.9 m 2) and located not less than 10 feet from adjacent buildings on the same property and not less than 5 feet from adjacent property lines, unless part of a mixed-occupancy building containing a Group R, Division 3 occupancy. 2. Throughout an existing building whenever additions exceed ten (10) percent of the total floor area of the existing building and the total combined floor area will exceed 2,000 square feet(185.8 m2), or a second story or greater is added, or the occupancy is changed to a more hazardous use. Exception: Group R, Division 3 occupancies where the total combined floor area will not exceed 3,000 square feet (278.7 m2). 3. In additions to existing buildings equipped with an automatic fire sprinkler system. For the purpose of requiring the automatic fire sprinkler systems specified in this chapter, the floor area within the surrounding exterior walls shall be considered as one building. An automatic fire sprinkler system need not be installed in spaces or areas in telecommunications buildings used exclusively for telecommunications equipment, associated electrical power distribution equipment, batteries and standby engines, provided those spaces or areas are equipped throughout with an automatic fire alarm system and are separated from the remainder of the building by fire barriers consisting of not less than 1-hour fire-resistance-rated walls and 2-hour fir-resistance- rated floor/ceiling assemblies. 903.2.1 through 903.2.10.3 not used. Text continues with Section 903.2.11. E. Add Sections 1011.1.1 through 1011.1.3 to read as follows: 1011.1.1 Floor level exit signs. All buildings, or portions of a building with an occupant load of 50 or more shall be provided with floor level exit signs. The floor level exit signs shall be readily visible from any direction of egress travel. Access to exits shall be marked by readily visible floor level exit signs in cases where the exit or the path of egress travel is not immediately visible to the occupants. Floor level exit sign placement shall be such that no point in a corridor is more than 100 feet (30.5 m) 48 or the listed viewing distance for the sign, whichever is less, from the nearest visible exit sign. 1011.1.2 Installation. Floor level exit signs shall be installed so the bottom of the sign is not less than 6 inches (152 mm), nor more than 8 inches (203 mm) above the adjacent grade. The sign shall be installed on the latch side of exit doors and shall be not less than four inches from the door opening. 1011.1.3 Floor level exit sign illumination. All floor level exit signs shall be illuminated as set forth in Sections 1011.2, 1011.4, and 1011.5. F. Amend Section 1505.1 to read as follows: 1505.1 General. Roof assemblies shall be divided into the classes as defined below. Class A, B and C roof assemblies and roof coverings required to be listed by this section shall be tested in accordance with ASTM E 108 or UL 790. In addition, fire- retardant-treated wood roof coverings shall be tested in accordance with ASTM D 2898. The minimum roof coverings installed on new and existing buildings shall be a Class A assembly. Exception: Skylights and sloped glazing that comply with Chapter 24 or Section 2610. G. Add Section 1506.3.1 to read as follows: ter►. 1506.3.1 Wood shake and shingle roof covering limitations. Wood shake or shingle roof coverings shall not be installed on any building. Exceptions: 1. Roof coverings on additions to existing wood shingle or shake roofs not greater than 25 percent of the existing roof area may be a fire-retardant- treated wood shingles or shakes to match existing. 2. Repairs to existing wood roof coverings not exceeding 25 percent of existing roof area per calendar year may be fire-retardant-treated wood shingles or shakes to match existing. H. Amend Section 1802.2 to read as follows: 1802.2 Where required. The owner or applicant shall submit foundation and soils investigation report to the building official where required in Sections 1802.2.1 through 1802.2.7. Exceptions: 1. The building official need not require a foundation or soils investigation where satisfactory data from adjacent areas is available that demonstrates an investigation is not necessary for any of the conditions in Sections 1802.2.1 through 1802.6. _ - 49 2. The building official may not require a foundation and soils for additions to Group R, Divisions 1 and 3 occupancies of less than 1000 square feet of floor area and detached accessory structures with less than 1000 of floor area, provided an expansive index test is provided. In lieu of providing an expansive index test, a foundation design meeting the requirements of 91 - 130 High weighted expansion tests may be used. I. Add Sections 3406.1.1 through 3406.1.4.3 to read as follows: 3406.1.1 Change of occupancy classification based on hazard category. The relative degree of hazard between different occupancy classifications shall be determined in accordance with the category specified in Tables 3406.1.1, 3406.1.2 and 3406.1.3. Such determination shall be the basis for the application of Sections 3406.1.2 through 3406.1.4.3. 3406.1.2 Means of egress, general. Hazard categories in regard to life safety and means of egress shall be in accordance with Table 3406.1.2. Table 3406.1.2 Means of Egress Hazard Categories Relative Hazard Occupancy Classifications 1 (Highest Hazard) H 2 1-2, 1-3, 1-4 3 A, E, I-1, M, R-1, R-2, R-4 141001 4 B,F-1, R-3, S-1 5 (Lowest Hazard) F-2, S-2, U 3406.1.2.1 Means of egress for change to higher hazard category. When a change of occupancy classification is made to a higher hazard category (lower number) as shown in Table 3406.1.2, the means of egress shall comply with the requirements of Chapter 10 of the California Building Code. 3406.1.2.2 Means of egress for change of use to equal or lower hazard category. When a change of occupancy is made to an equal or lesser hazard category (higher number) as shown in Table 3406.1.2, existing elements of the means of egress shall not be reduced below the level established by the code under which the building was constructed for the new occupancy classification. Newly constructed or configured means of egress shall comply with the requirements of Chapter 10 of the California Building Code. Exception: Any stairway replacing an existing stairway within a space where the pitch or slope cannot be reduced because of existing construction shall not be required to comply with the maximum riser height and minimum tread depth requirements. 3406.1.3 Heights and areas. Hazard categories in regard to height and area shall be in accordance with Table 3406.1.3. 50 - Table 3406.1.3 Heights and Areas Hazard Categories Relative Hazard Occupancy Classifications 1 (Highest Hazard) H 2 A-1, A-2, A-3, A-4, I,R-1, R-2, R-4 3 E, F-1, S-1, M 4 (Lowest Hazard) B, F-2, S-2, A-5, R-3, U 3406.1.3.1 Height and area change to higher hazard category. When a change of occupancy is made to a higher category as shown in Table 3406.1.3, heights and areas of buildings and structures shall comply with the requirements of Chapter 5 of the California Building Code for the new occupancy classification. 3406.1.3.2 Height and area change to equal or lesser category. When a change of occupancy classification is made to an equal or lesser hazard category as shown in Table 3406.1.3, the height and area of the existing building shall be deemed acceptable. 3406.1.3.3 Fire barriers. When a change of occupancy classification is made to a higher hazard category as shown in Table 3406.1.3, fire barriers in separated mixed- use buildings shall comply with the fire resistance requirements of the California Building Code. Exception: Where the fire barriers are required to have a 1-hour fire-resistance rating, existing wood lath and plaster in good condition or existing 1/2-inch-thick (12.7 mm) gypsum wallboard shall be permitted. 3406.1.4 Exterior wall fire-resistance ratings. Hazard categories in regard to fire- resistance ratings of exterior walls shall be in accordance with Table 3406.1.4. Table 3406.1.4 Exposure of Exterior Walls Hazard Categories Relative Hazard Occupancy Classification 1(Hi hest Hazard) H 2 F-1, M, S-1 3 A, B, E, I, R 4 (Lowest Hazard) F-2, S-2, U 3406.1.4.1 Exterior wall rating for change of occupancy classification to a higher hazard category. When a change of occupancy classification is made to a higher hazard category as shown in Table 3406.1.4, exterior walls shall have a fire-resistance and exterior opening protectives as required by the California Building Code. This provision shall not apply to walls at right angles to the property line. 51 Exception: A 2-hour fire-resistance rating shall be allowed where the building does not exceed three stories in height and is classified as one of the following groups: A-2 and A-3 with an occupant load of less than 300, B,F, M, or S. 3406.1.4.2 Exterior wall rating for change of occupancy classification to an equal or lesser hazard category. When a change of occupancy classification is made to an equal or lesser hazard category as shown in Table 3406.1.4, existing exterior walls, including openings, shall be accepted. 3406.1.4.3 Opening protectives. Openings in exterior walls shall be protected as required by the California Building Code. Where openings are required to be protected because of distance from the property line, the sum of the area of such openings shall not exceed 50 percent of the total area of the wall in each story. Exceptions: 1. Where the California Building Code permits openings in excess of 50 percent. 2. Protected openings shall not be required in buildings of Group R occupancy that do not exceed three stories in height and that are located not less than 3 feet (914 mm) from the property line. 3. Where exterior opening protectives are required, an automatic sprinkler system throughout may be substituted for opening protection. 4. Exterior opening protectives are not required when the change of occupancy group is to an equal or lower hazard classification in accordance with Table 3406.1.4. J. Amend Appendix J 10 1.1 to read as follows: J101.1 Scope. Grading, excavation, and earthwork construction, including fills and embankments, shall comply with the provisions of this chapter and Title 9, Sections 9-4.138 through 9-4.154 of the Atascadero Municipal Code. Where conflicts occur between the technical requirements of this chapter and the soils report, the soils report shall govern. Where conflicts occur between this chapter and Title 9 provisions, the most restrictive shall govern. K. Add Appendix Section J101.3 to read as follows: J101.3 Special grading standards. All excavations and fills except for minor grading shall be conducted in accordance with the following special standards: 1. Area of cuts and fills. Cuts and fills shall be limited to the minimum amount necessary to provide stable embankments for required parking areas or street rights-of-way, structural foundations, and adequate yard areas. Consideration shall be given to revising the building design to minimize unnecessary grading. 2. Creation of building sites: slope limitations. Grading for the purpose of creating a site for a building or structure shall be prohibited on 52 slopes of 20 percent or greater except where authorized through precise plan approval. 3. Final contours. Contours, elevations and shapes of finished surfaces shall be blended with adjacent natural terrain to achieve a consistent grade and natural appearance. L. Add Appendix Section J101.4 to read as follows: J101.4 Grading near watercourses such as creeks, streams and rivers (collectively referred to as "creeks"). Grading, dredging, or diking may not alter any intermittent or perennial stream or natural body of water shown on any USGS 7 1/2 minute map, except as permitted through approval of a grading and drainage plan, and appropriate permits from the California Department of Fish and Game and any other federal or State agency with jurisdiction over work near or in creeks. Watercourses are to be protected as follows: 1. Watercourses shall not be obstructed unless an alternate drainage facility is approved. 2. Fills placed within creeks shall have suitable protection against erosion during flooding. 3. Grading equipment shall not cross or disturb channels containing live streams without siltation control measures approved by the City Engineer in place. 4. Excavated materials shall not be deposited or stored in or alongside creeks where the materials can be washed away by high water or storm runoff. M. Amend Appendix Section J103.2 to read as follows: J103.2 Exempted work. A grading permit shall not be required for the following: 1. Grading in an isolated, self-contained area, provided there is no danger to the public, that such grading will not adversely affect adjoining properties, and that such grading is approved by the City Engineer. 2. Excavation for construction of a structure permitted under this code. 3. Cemetery graves. 4. Refuse disposal sites controlled by other regulations. 5. Excavations for wells, or trenches for utilities. 6. Mining, quarrying, excavating,processing, or stockpiling of rock, sand, gravel, aggregate, or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in, soil on adjoining properties. 7. Exploratory excavations performed under the direction of a registered design professional. Any grading needed to gain access to exploratory excavation areas is not included in this exemption. 8. Excavation and/or fill not greater than 50 cubic yards (38.3 in that is not VrAw intended to support a structure does and will not obstruct a drainage course. 53 Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. N. Add Appendix Section J104.2.1 and J104.2.2 to read as follows: J104.2.1 Application content. To apply for a grading permit, the grading plan shall be submitted together with the additional information required by this section. Where grading requiring a permit is proposed in conjunction with a precise plan or conditional use permit request, those applications may be used to satisfy grading permit information requirements as long as all required information is submitted. Where a grading permit is required and the grading will move less than 500 cubic yards and is located on slopes less than 20 percent, the application for a grading permit shall include the following: 1. Contour Information. a. For sites with slopes of 10 percent or less, accurate contours of existing ground at one foot intervals and drainage channels, including areas of the subject site (and adjoining properties) that will be affected by the disturbance either directly or through drainage alterations. b. For sites with slopes greater than 10 percent and less than 30 percent, details of area drainage and accurate contours of existing ground at 2-foot intervals; for slopes 30 percent or greater, contours at 5-foot intervals. 2. Location of any buildings or structures existing or proposed on the site within 50 feet of the area that may be affected by the proposed grading operations. 3. Proposed use of the site necessitating grading. 4. Limiting dimensions, elevations or finished contours to be achieved by the grading, slopes of cut and fill areas and proposed drainage channels and related construction. 5. Drainage plan. 6. Where required by the building official, a soil engineering report, including date regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and criteria for corrective measures when necessary and opinions and recommendations covering adequacy of sites to be developed by the proposed grading. 7. Where required by the building official, an engineering geology report, including a description of site geology, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinions and recommendations covering the adequacy of sites to be developed by the proposed grading. 8. Intended means of revegetation, including the location, species, container size and quantity of plant materials proposed, and the proposed time of planting. 9. Where required by the building official, protective measures to be taken during construction, such as hydro-mulching, berms (temporary or permanent), interceptor ditches, subsurface drains, terraces, and/or sediment 54 traps in order to prevent erosion of the cut faces of excavations or of the sloping surfaces of fills. Where the grading will move 500 cubic yards or more, is located on slopes of 20 percent or greater, or is located within a Geologic Hazard overlay zone or Flood Hazard overlay zone, the grading plan shall be prepared and certified by a registered civil engineer and shall include specifications covering construction and material requirements in addition to the information required above. A soils report prepared by a registered design professional shall be provided for projects over 500 cubic yards of grading work. The report shall identify the nature and distribution of existing soils; conclusions and recommendations for grading procedures; soil design criteria for any structures or embankments required to accomplish the proposed grading; and, where necessary, slope stability studies, and recommendations and conclusions regarding site geology. O. Amend Appendix J108.1 to read as follows: J108.1 General. Cut and fill slopes shall be set back from the property lines in accordance with this section. Setback dimensions shall be measured perpendicular to the property line and shall be as shown in Figure J108.1, unless substantiating data is submitted justifying reduced setbacks. The building official may require an investigation and recommendation by a qualified engineer or engineering geologist to demonstrate that the intent of this section has been satisfied prior to approval of alternate setbacks. P. Add Appendix Section J110.2 to read as follows: J110.2 Revegetation. Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements and that shall not be occupied by structures, such areas shall be replanted to prevent erosion after construction activities are completed as follows: 1. Preparation for revegetation.Topsoil removed from the surface in preparation for grading and construction shall be stored on or near the site and protected from erosion while grading operations are underway,provided that such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved. After completion of such grading, topsoil shall be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. 2. Methods of revegetation. Acceptable methods of revegetation include hydro- mulching, or the planting of rye grass,barley or other seed with equivalent germination rates. Where lawn or turf grass is to be established, lawn grass seed or other appropriate landscaping cover shall be sown at not less than four (4) pounds to each one thousand(1000) square feet of land area. Other revegetation methods offering equivalent protection may be approved by the building official. Plant materials shall be watered at intervals sufficient to 55 assure survival and growth. Native plant materials are encouraged to reduce irrigation demands. 3. Off-site effects. Grading operations shall be conducted to prevent damaging effects of erosion, sediment production and dust on adjacent property, including public and private rights-of-way. Chapter 4 ELECTRICAL CODE Section 8-4.101 Modifications of the California Electrical Code. A. Administration of the electrical code shall be as set forth in Appendix Chapter 1 of the California Building Code, as amended. B. Amend Article 230-70(A)(1) to read as follows: (1) Readily Accessible Location. The service disconnecting means shall be installed at a readily accessible location either outside the building or other structure, or inside nearest the point of entrance of the service conductors. The disconnecting means shall be accessible to emergency personnel, either directly or by a remote actuating device, without requiring transit of the building interior. Dedicated electrical equipment rooms located at the building perimeter and providing direct access to the outside shall satisfy accessibility for emergency personnel. Chapter 5 PLUMBING CODE Section 8-5.101 Modifications of the California Plumbing Code. A. Delete Appendix Chapters 1, F, and L, and Appendix Table 1-1. Administration of the plumbing code shall be as set forth in Appendix Chapter 1 of the California Building Code, as amended. B. Amend Section 710.1 to read as follows: 710.1 Drainage piping serving fixtures located at an elevation of less than one (1) foot above the nearest upstream manhole cover in the main sewer serving said fixtures shall drain by gravity into the main sewer, and shall be protected from backflow of sewage by installing an approved backwater valve. Each such backwater valve shall be installed only in that branch or section of the drainage system that receives the discharge from fixtures located less than one (1) foot above the nearest upstream manhole cover. C. Amend Section 713.5 to read as follows: 713.5 No permit shall be issued for the installation, alteration, or repair of any private sewage disposal system, or part thereof, on any lot where a public sewer is available 56 at the property line or where the public sewer is within 200 feet of the proposed or existing building. D. Amend 717 to read as follows: 717.0 Size of building sewers. The minimum size of any building sewer shall be determined on the basis of the total number of fixture units drained by such sewer, in accordance with Table 7-8. No sewer shall be smaller than the building drain. All building sewers shall be constructed with pipe of internal diameter not less than four(4) inches (100 mm), unless a pipe of internal diameter not less than three (3)inches is approved by the Authority Having Jurisdiction. E. Amend Section 719.1 to read as follows: 719.1 A cleanout shall be placed in every building sewer within five (5) feet of each building, at all changes in alignment or grade in excess of one hundred thirty five (13 5) degrees, within five (5) feet of the junction with the public sewer, and at intervals not to exceed one hundred (100) feet in straight runs. The cleanout shall be made by inserting a "Y" fitting in the line and fitting the cleanout in the "Y" branch in an approved manner. In the case of a cleanout near the junction of the public sewer, the "Y" branch riser shall be extended to a depth of not more than one (1)foot. All other cleanouts shall be extended to finish grade. F. Amend Appendix Section KI(A) to read as follows: (A) Where permitted by Section 713.0 the building sewer may be connected to a private sewage disposal system complying with the provisions of this appendix and Section 8-5.102 of the Atascadero Municipal Code. The type of system shall be determined on the basis of location, soil porosity, and groundwater level, and shall be designed to receive all sewage from the property. The system, except as otherwise approved, shall consist of a septic tank with effluent discharging into a subsurface disposal field, into one (1) or more seepage pits, or into a combination of subsurface disposal field and seepage pits. The Authority Having Jurisdiction may grant exceptions to the provisions of this appendix for permitted structures that have been destroyed due to fire or natural disaster and that cannot be reconstructed in compliance with these provisions. Where conflicts occur between this appendix and provisions of Section 8-5.102 of the Municipal Code, the most restrictive shall govern. Section 8-5.102 Private sewage disposal systems. The design, installation operation and maintenance of private sewage disposal systems shall be in conformance with Appendix K of the California Plumbing Code and with **MW standards specified in this section. Where specific standards in this section and the Appendix K conflict, the most restrictive standard shall apply. Where specific standards - 57 are not provided within this section or where the Authority Having Jurisdiction determines that higher requirements are necessary to maintain a safe and sanitary condition, the "Water Quality Control Plan, Central Coast Basin" (adopted by the Central Coast Regional Water Quality Control Board or other recognized industry standards may be used as a guideline by the Authority Having Jurisdiction. A. Percolation test. An on-site investigation shall be made by a registered engineer competent in sanitary engineering in order to determine the suitability of a particular site for a private sewage disposal system and to provide the data necessary to design a private sewage disposal system. A percolation test shall be required prior to issuance of a permit for all new, replacement or enlarged private sewage disposal systems. Percolation tests shall be conducted within the soil that will be used for the leachfield. B. Percolation testing procedure for seepage pits. The following percolation test procedure shall be used in performing percolation tests, except that other accepted test procedures may be used when approved by the Authority Having Jurisdiction: 1. The hole diameter shall be between 6 and 8 inches. The test depth shall be equal to the depth of the proposed dry well, plus sufficient depth to prove proper setback to groundwater and impervious material as required by this chapter. 2. Carefully fill the hole with clear water to a maximum depth of 4 feet below the surface of the ground, or if cuts are anticipated, to the depth of the assumed inlet. 3. All holes shall be pre-soaked for 24 hours unless the site consists of sandy soils containing little or no clay. In sandy soils where the water on two consecutive readings seeps away faster than half the wetted depth in 25 minutes or less, re-fill the hole with water, and pre-soak for an additional two hours. After the two hour pre-soak, the test may then be run. The time interval between measurements shall be taken at ten minutes and the test run for one hour. Re-fill to original depth after each reading. 4. For all other soils, the percolation rate measurement shall be made on the day following the 24-hour pre-soaking. 5. Pre-soak the boring as described above. After 24 hours have elapsed, re-fill the hole to the proposed inlet depth. The fall of water should be measured every half hour over a five hour period. Re-fill the hole after each half hour reading. During the last or the sixth hour, do not re-fill the hole after the half hour reading. Be sure to check the total hole depth every half hour as well to see if any caving has occurred. 6. Readings will be recorded and reported in min/inch. C. Leachfield percolation test procedure. The following percolation test procedure shall be used in performing percolation tests, except that other accepted test procedures may be used when approved by the Authority Having Jurisdiction: 58 - 1. Number and location of test holes. A minimum of three separate test holes spaced uniformly through and located in the immediate vicinity of wr the proposed leach field site are to be made. 2. Type of test holes. The test hole shall have horizontal dimensions between 4 and 12 inches and vertical sides to the depth of the absorption trench. 3. Preparation of test holes. Smeared soil surfaces shall be removed from the sides and bottom of the test hole to provide a natural soil interface. All loose material shall be removed from the test hole. Two inches of coarse sand or fine gravel shall be added to the test hole to protect the bottom from scouring and sediment. 4. Soil saturation and swelling. The test hole is to be carefully filled to a depth of 1 foot above the gravel or sand with clear water, which is to be kept in the hole for at least 4 hours but preferably overnight. This step may be omitted in sandy soils containing little or no clay. 5. Measurement of percolation rate. The percolation rate shall be determined 24 hours after water is first added to the test holes; except, in sandy soils containing little or no clay,the percolation rate shall be determined after the water from one (1) filling of the test hole has completely seeped away. i. If water remains in the test hole after the overnight swelling period, adjust the depth to approximately 6 inches over the gravel or sand and, from a fixed referenced point, measure the drop in water level over a thirty (30)minute period to calculate the percolation rate. ii. If no water remains in the test hole after the overnight swelling period, add clear water to bring the depth of water in the test hole to approximately 6 inches over the gravel or sand. From a fixed reference point, measure the drop in water level at approximately thirty (30) minute intervals over four (4)hours refilling 6 inches over the gravel or sand as necessary. The drop that occurs during the final thirty (30) minute period is used to calculate the percolation rate. The drops during prior periods provide information for possible modification of the test procedure to suit local conditions. iii. In sandy soils or other soils in which the first 6 inches of water seeps away in less than thirty (30) minutes after the overnight swelling period, the time interval between measurements shall be taken as ten (10) minutes and the test shall run for one (1) hour with the drop during the final ten (10) minutes being used to calculate the percolation rate. 6. Deep boring. A soil boring, to a minimum depth of 10 feet below the bottom of the absorption trench or pit, shall be made in order to determine the presence of impermeable bedrock and/or ground water. 59 D. General design standards. The following standards shall be used in the design of new or enlarged private sewage disposal systems where the percolation rate does not exceed 120 minutes per inch. 1. Determination of size of absorption area. The absorption area, measured in lineal feet of absorption trench, shall be calculated as set forth in this section. Tables 4-1 (Absorption Area Requirements) and 4-2 (Standard Trench Adjustment Factors), included in this chapter, shall be referred to as necessary. The formula for calculating trench length is included below. Trench Length = Ag x Nb x Af T,N Aa= Absorption area per bedroom Nb= Number of Bedrooms Af =Trench Adjustment Factor T,,, = Trench Width 2. Location of private sewage disposal systems. The minimum distance between components of a private sewage disposal system and other site features shall be as set forth in Table 4-3 (Horizontal Distance Separation) and Table 4-4 (Vertical Distance Separation). Where physical limitations on a site preclude conformance with distance separation requirements, the Authority Having Jurisdiction may approve a lesser separation when the design is prepared by a registered engineer competent in sanitary engineering and when adequate substantiating data is submitted with the design. The Authority MOO Having Jurisdiction shall not approve a separation less than that set forth in the "Water Quality Control Plan--Central Coast Region" unless the Regional Water Quality Control Board or its designated representatives have previously approved the design. 3. Plastic leach chamber. Plastic leach chamber systems shall be installed per the requirements of Table 4-5, when the percolation rate is less than 30 minutes per inch. 4. Standard trench lengths. Standard trench lengths for percolation rates less than 30 minutes per inch are included in Table 4-6. The trench lengths shown in Table 4-6 are for a standard three foot wide trench with three feet of gravel below the distribution pipe. Other trench configurations may require different trench lengths and system design. The sections included in this chapter shall be complied with for designs that differ from the lengths shown in Table 4-6. E. Additional standards. 1. Existing legal building sites that are served by an individual on-site well may be approved for a private sewage disposal system only if the site is one acre or larger in size and meets other regulations and requirements regarding septic setbacks and distance separation. 60 2. Private sewage disposal systems proposed to be installed on slopes of 20 percent or more shall be designed by and have their installation inspected and .• be certified to be in substantial conformance with the City approved engineering plans by a registered civil engineer or Registered Environmental Health Specialist.The design shall minimize grading disruption associated with access for installation and maintenance. Such systems shall be prohibited on slopes of 30 percent or more, unless approved by both the Authority Having Jurisdiction and the Regional Water Quality Control Board. 3. When the percolation rate is below 30 minutes/inch, the contractor, developer, installer or homeowner, shall certify in writing that the private sewage disposal system conforms to the prescriptive standards of this section at or before calling for final inspection. 4. When the percolation rates equals or exceeds 30 minutes/inch, a private sewage disposal system shall be designed, inspected, and be certified to be in substantial conformance with the City approved engineering plans by a registered civil engineer or Registered Environmental Health Specialist. 5. When the percolation rate exceeds 120 minutes/inch, a private sewage disposal system, solely dependent upon soil absorption, shall not be allowed, unless the lot size is 2 acres or greater. 6. The design of private sewage disposal systems shall incorporate an approved ;fir filtering device to remove solids from effluent at the outlet of septic tanks. 7. When a seepage pit percolation rate exceeds 30 minutes/inch, a private sewage disposal system using a seepage pit shall not be allowed. 8. Seepage pit (dry well) types systems shall be designed, inspected, and be certified to be in substantial conformance with the City approved engineering plans by a registered civil engineer. 9. A 100 percent expansion area shall be provided on all building sites, shall be identified on all plans submitted for private sewage disposal systems, and shall remain available for system expansion. If areas reserved for system expansion are not accessible for future installation, then the expansion area shall be installed when the primary system is installed. When the primary and expansion systems are installed jointly, a means of switching flows to each field shall be provided. 10. Inspection risers with 4 inches minimum diameter shall be installed at the ends of each absorption trench or bed. The inspection riser shall be open on the bottom of the trench or perforated. F. Septic tanks. 61 1. Septic tank manholes more than 24 inches below grade, valves, distribution boxes, and pumps shall be permanently accessible to the surface in a manner acceptable to the Authority Having Jurisdiction. 2. Septic tanks shall be constructed and installed as specified in the California Plumbing Code, Appendix K. In addition, the following standards shall be met. Septic tank sizes shall be in conformance with Table 4-7. Septic tanks shall be repaired only by a licensed contractor. i. Water tightness shall be ensured prior to backfilling the excavation around the tank. The water tightness test shall be conducted in conformity with the American Society for Testing and Materials (ASTM) Standard C 1227 or equivalent. The installer shall provide a written report of the results of the test to the building official. ii. All septic tanks for new systems and replacement tanks for existing systems shall be equipped with an effluent filter that complies with the American National Standards Institute (ANSI) Standard 46. The filter shall be accessible for cleaning, replacement and maintenance. Filters shall be maintained as required by their listing; the owner shall maintain records of filter maintenance but need not submit these records to the County. iii. Septic tanks and other system components installed with more than three feet of earth cover or beneath surfaces subject to vehicular traffic (such as driveways and vehicle turnarounds) shall be traffic rated or engineered to support the additional load. iv. Each compartment of the septic tank shall be provided with a watertight riser, capable of withstanding anticipated structural loads and extending to grade level for ease of maintenance. Risers shall be constructed of concrete, PVC, fiberglass or other approved material, with a minimum inside horizontal measurement of 20 inches. Risers shall be covered with tight fitting lids that are gas tight, securely fastened with stainless steel or other non corrosive fasteners,resistant to vandals, tampering, and access by children. Surface water shall be diverted away from the riser cover or septic tank lid providing a sloping surface away from the riser, or extending the riser at least six- inches above grade. If the lid is in a driveway or other traffic area, the lids and risers shall be structurally designed to support vehicle weight. v. Wooden and metal septic tanks are prohibited, as are cesspools. G. Seepage Pit Design 1. A statement of infeasibility of leaching trenches or beds is required, except for a seepage pit that is designed to the standards of this section to replace an existing seepage pit system. , 62 - 2. Seepage pits shall be cylindrical in shape with a diameter of not less than 4 feet, or more than 6 feet. Construction of a seepage pit with a diameter less ✓ than 4 feet or greater than 6 feet may be permitted with written approval of the Authority Having Jurisdiction 3. Seepage pits shall have a centrally located 4-inch diameter perforated pipe which extends from the inlet to the bottom of the pit and the space around the pipe shall be filled with washed gravel which may vary in size from 3/a inch to 21h inches. A smaller gravel size may be used if the design engineer can provide justification for its use and written approval is obtained from the Authority Having Jurisdiction. When necessary to meet minimum slope setback requirements, the upper portion of the central pipe shall be un- perforated. 4. Rock fill in seepage pits shall be covered with one layer of a geotextile fabric designed for the purpose or approved equivalent, and backfilled with a minimum of 12 inches of clean earth cover, free of debris and rock. 5. Seepage pits shall have an effective disposal depth of at least 10 feet. Effective disposal depth is defined as total depth subtracted by the distance below the grade to the uppermost disposal pipe perforation. 6. The maximum depth of a seepage pit shall be 50 feet, unless the building official provides written approval for a greater depth. 400* 7. Multiple seepage pit installations shall receive septic tank effluent via an approved distribution method. The percentage distribution of effluent entering each seepage pit shall be determined by the performance test of the seepage pit and shall be approved by the Authority Having Jurisdiction. 8. The maximum effluent application rate for a seepage pit is 0.30 gallons/square foot/day. 9. Seepage pits shall maintain all horizontal and vertical setback requirements listed in this chapter. H. 100% Expansion Area. All systems shall be designed and constructed to reserve sufficient site area for a 100% replacement dispersal system/area. Installation of dual fields shall be required for all sites when access for installation of the replacement field/area would not be feasible after initial site development. When the primary and expansion systems are installed jointly, a means of switching flows to each field shall be provided. I. Design Flow Rate. For single family dwellings, the daily design flow shall be 375 gallons per day for up to four bedrooms, with 150 gallons per day for each additional bedroom in excess of four.For other occupancies,refer to the California Plumbing Code, Appendix K. VAW J. Special Design Standards. The following standards shall be used in the design of - 63-'. new or enlarged private sewage disposal systems where the percolation rate equals or exceeds thirty 30 minutes per inch. Designs for alternate types of private sewage disposal systems shall be by a registered civil engineer and may be approved by the Administrative Authority, and shall be approved by the Central Coast Regional Water Quality Control Board, when the design engineer submits adequate substantiating data with the design. 1. Determination of Size of Disposal Field. The size of the disposal field shall be determined by the design engineer using methods of accepted engineering practice including manuals and documents specified in this chapter or as otherwise approved by the Authority Having Jurisdiction. 2. Location of Private Sewage Disposal System. The minimum distance between components of a private sewage disposal system and other site features shall be as set forth in Table 4-3 (Horizontal Distance Separation) and Table 4-4 (Vertical Distance Separation) using the column entitled "Leach Field or Seepage Bed." 3. When private sewage disposal systems are designed pursuant to this section, the design engineer shall provide the owner with information on the location, design operation and maintenance of the private sewage disposal system. 4. Existing legal building sites that are served by an individual on-site well may be approved for a private sewage disposal system only if the site is one acre or larger in size and meets other regulations and requirements regarding septic setbacks and distance separation. 5. 100% Expansion Area. All systems shall be designed and constructed to reserve sufficient site area for a 100% replacement dispersal system/area. Installation of dual fields shall be required for all sites when access for installation of the replacement field/area would not be feasible after initial site development. K. Replacement of Existing Private Sewage Disposal System. Where an existing private sewage disposal system has failed, the replacement system shall be designed in conformance with this chapter and shall be designed, inspected and be certified to be in substantial conformance with the City approved engineering plans by a registered civil engineer. In the event that the replacement system cannot be designed to conform with this chapter, the Authority Having Jurisdiction may approve a system designed to lesser standards when it is designed, inspected and be certified to be in substantial conformance with the City approved engineering plans by a registered civil engineer. 1. A private sewage disposal system shall not be replaced by another system if sewers are available and are either within 200 feet of the structure, as required by the plumbing code, or sewers are at the property line. 2. The Authority Having Jurisdiction shall not approve a replacement system that does not conform to prohibitions set forth in the "Water Quality Control Plan-- 64 Central Coast Basin," unless the Regional Water Quality Control Board or its designed representative has previously approved the design. The Administrative Authority may authorize a temporary means of sewage disposal pending such approval. L. Tables. TABLE 4-1 Absorption Area Requirements Percolation Absorption Area Rate Per Bedroom (Minutes/Inch) (Square Feet) 0--9 150 10 165 11--15 190 16--20 215 21--25 230 26--30 250 31--35 270 36--40 285 41--45 300 46--50 315 51--60 330 61--70 380 71--80 430 81--90 520 91--100 660 101--110 830 111--120 1250 TABLE 4-2 Standard Trench Adjustment Factor Depth of Gravel Below Pipes Trench Width (Inches) (Inches) 12 18 24 30 36 1 42 48 54 60 12 .75 .78 .80 .82 .83 .85 .86 .87 .87 18 .60 .64 .66 .69 .71 .73 .75 .77 .78 24 .50 .54 .57 .60 .62 .64 .66 .68 .70 30 .43 .47 .50 .53 .55 .58 .60 .62 .64 36 .37 .41 .44 .47 .50 .52 .54 .56 .58 42 .33 .37 .40 .43 .45 .48 .50 .52 .54 48 30 .33 .36 .39 .42 .44 .46 1 .48 .50 65 Note: For trenches not shown in Table 4-2, the standard trench adjustment factor may be: Trench Adjustment Factor= W+2 W+ 1 +2D W=width of trench(in feet) D=depth of gravel below pipe(in feet) TABLE 4-3 Horizontal Distance Separation(In Feet) Buildin Septic Leach Seepage g Sewer Tank Field or At Seepage Bed Buildings or structures, in 2 5 8 8 porches, steps, breezeways, patios, and carports whether covered or not Property line Clear 5 5 10 Water supply well in unconfined 50 50 100 150 aquifer Watercourse 50 50 100 100 Swales 50 50 50 50 Native Trees * 10 * 10 See a e pits -- 5 5 12 Leach field or seepage bed -- 5 6 5 On-site domestic water service line 1 5 5 5 Distribution box -- -- 5 5 Pressure public water main IF7 10 10 10 Sloping ground, cuts, or other -- -- 15 15 embankments Reservoirs , including ponds, lakes, 200 200 200—(77- 200 tanks, basins, etc. for storage, regulation and control of water recreation,power, flood control or linking Springs 100 100 100 100 Notes: (1) Distance separation shall be increased to twenty(20)feet when building or structure is located on a downward slope below a leach field,seepage bed or seepage pit. (2) See Section 315 (c)of this code. (3) Distance separation may be reduced to twenty-five(25)feet when the drainage piping is constructed of materials approved for rise within a building. (4) See Section 1108 of this code. (5) For parallel construction or crossings,approval by the Health Department shall be required. (6) Distance is measured as horizontal distance to daylight. This distance may be reduced where it is demonstrated that favorable geologic conditions and soil 66 permeability exist based on a report and analysis prepared by a licensed geologist or soils engineer. (7) Distance is measured at spillway elevation. (8) A natural or artificial channel for passage of water, a running stream of water, or a natural stream fed from permanent or natural sources such as rivers, creeks, runs, and rivulets. There must be a stream, usually flowing in a particular direction (though it need not flow continuously) in a definite channel, having a bed or banks and usually discharging into a stream or body of water. (9) A pond, lake, tank,basin or other space either natural or created whole or in part by the building of engineering structures, which is used for storage, regulation, and control of water, recreation, power, flood control, or drinking. (10)Topographic low point that conveys water to watercourses. (*) See tree protection guidelines. TABLE 4-4 Vertical Distance Separation(In Feet) Leach Field Seepage or Pit See a e Bed Ground water,where percolation rate (min/in) is 50' <1 20' 1-4 8 5-29 5 >30 Ground water, where soil is Gravels2 50' Gravels with few fines 20' Other 10 Bedrock 10 10:J Note: Distance is measured from bottom of trench or pit. ' Unless a set-back distance of at least 250 feet to any domestic water supply well or surface water is assured. In this case the minimum separation shall be 10 feet. 2 Gravels - Soils with over 95 percent by weight coarser than a No. 200 sieve and over half of the coarse fraction larger than a No. 4 sieve. 3 Gravels with few fines - Soils with 90 percent to 94 percent coarse fraction larger than a No. 4 sieve. TABLE 4-5 Hi Capacity Infiltrator System Design Requirements Percolation Infiltrator Trench Length (feet)* Rate High Capacity Chambers$ 1 bed 2 bed 3 bed 1 4 bed 30 60 90 120 - 67 --------------- -------------- --------------- ------------------- 1036 66 96 132 ------------------- --------------- -------------- --------------- ------------------- -11----15 42 72____------------114_____ _______154_ 16 20 48 84 126 172 -------------------- --------------- --------------------- ----- ------------------- 21 - 26 54 90 138 180 26 ----------9---------- -------6-0------- ------96-------- ------15500----- ---------1988------- 2 30+ 1 Design by Engineer * Trench Lengths good for up to 3 bedrooms. t Homes larger than 4 bedrooms shall be calculated as required by Section 7 $ Consult manufacturer design criteria for alternative product design criteria. This information shall be submitted to the City for review prior to system approval. TABLE 4-6 Requirements for Gravel Standard System Trench Lengths Percolation Standard NO' Trench Length (feet)* Rate Gravel Trench ------------------- 1 bed 2 bed 3 bed 4 bed 25 50 75 100 ------------------- ----------------------------------------------------------------- ---------- 1028 55 83 110 ------------------- ---------28 ---------------------------------------------- --------------- 11 - 15 32 63 95 127 16 - 20 36 72 108 143 ------------------- -------------------------------------------------------------- 2 1 - 26 38 77 115 153 ------------------- ------------------------------------------------------------ --- ---- 26 - 29 42 83 125 167 --------------------------------------------------------------------- ------------------ 30+ Design by Engineer * 3 ft. wide by 3 ft. deep trench, with .5' of gravel above pipe invert. Any alternative trench configuration shall be calculated according to the requirements of this Chapter. t Homes larger than 4 bedrooms shall be calculated as required by Section 7 TABLE 4-7 Required Size of Septic Tank For Single-Family Dwelling Number of Bedrooms Minimum*Septic Tank Capacity in Gallons 1 or 2 750 3 1000 4 1 1200 5 or 6 1500 *See California Plumbing Code for an expanded list of tank sizes. 68 - Chapter 6 MECHANICAL CODE Section 8-6.101 Modifications to the California Mechanical Code. A. Delete Appendix Chapter 1 and Table 1-1. Administration of the mechanical code shall be as set forth in Appendix Chapter 1 of the California Building Code. Chapter 7 UNSAFE BUILDINGS AND STRUCTURES Section 8-7.101 Modifications to the International Property Maintenance Code. A. Amend Section 10 1.1 to read as follows: 101.1 Title. These regulations shall be known as the Property Maintenance Code of Atascadero, hereinafter referred to as "this code". B. Amend Section 102.3 to read as follows: 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Building Standards Code and other applicable laws and ordinances. C. Amend Section 103.1 to read as follows: 103.1 General. The office of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the code official. D. Amend Section 103.5 to read as follows: 103.5 Fees. The fees for activities and services performed by the code official under this code shall be in accordance with the schedule as established by the applicable governing authority. E. Add Section 108.1.5 to read as follows: 108.1.5 Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described below shall be considered dangerous: 1. Any door, aisle, passageway, stairway, exit or other means of egress does not conform to the approved building or fire code of the jurisdiction as related to *WW the requirements for existing buildings. - 69 2. The walking surface of any aisle, passageway, stairway, exit or other means of egress is so warped, worn loose, torn or otherwise unsafe as to not provide safe and adequate means of egress. 3. Any portion of a building, structure, or appurtenance that has been damaged by fire, earthquake, wind, flood, deterioration, neglect, abandonment, vandalism or by any other cause to such an extent that it is likely to partially or completely collapse, or to become detached or dislodged. 4. Any portion of a building, or any member, appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting natural or artificial loads of one and one half the original designed value. 5. The building or structure, or part of the building or structure, because of dilapidation, deterioration, decay, faulty construction, the removal or movement of some portion of the ground necessary for the support, or for any other reason, is likely to partially or completely collapse, or some portion of the foundation or underpinning of the building or structure is likely to fail or give way. 6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. 7. The building or structure is neglected, damaged, dilapidated, unsecured or abandoned so as to become an attractive nuisance to children who might play in the building or structure for committing a nuisance or an unlawful act. 8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life safety. 9. A building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, ventilation, mechanical or plumbing system, or otherwise, is determined by the code official to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease. 10. Any building or structure, because of lack of sufficient or proper fire-resistive construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause is determined by the code official to be a threat to life or health. 11. Any portion of a building remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned so as to constitute such building or portion thereof as an attractive nuisance or hazard to the public. Chapter 8 RESERVED Chapter 9 70 - RESERVED Chapter 10 UNREINFORCED MASONRY Section 8-10.101 Modifications to the California Existing Building Code. A. Add Appendix Section 102.3 to read as follows: 102.3 Compliance with other codes. All conforming and legal nonconforming buildings that are required to be strengthened by alteration as a result of this chapter shall not be required to comply with current site improvement standards of the City zoning ordinance, including parking and landscaping. B. Add definitions to Section A103 to read as follows: ESSENTIAL BUILDING. A building of unreinforced masonry construction that contains a hospital or other medical facility having surgery or emergency treatment areas, fire and police stations or a municipal government disaster operation and communication center. HIGH-RISK BUILDING. A building of unreinforced masonry construction that is not an essential building. A high-risk building shall not include a building having exterior walls braced with masonry crosswalls or wood frame crosswalls spaced less than forty (40) feet apart in each story; crosswalls shall be full story height with a minimum length of one and one-half(1 1/2) times the story height. C. Add Appendix Section Al 15 entitled "Administrative Provisions" to read as follows: SECTION A115 ADMINISTRATIVE PROVISIONS A115.1 Rating classifications. The rating classifications shown in Table A115.1 of this section are established and each building within the scope of this chapter shall be placed in one such rating classification by the building official. Exception: Portions of buildings constructed to act independently when resisting seismic forces may be placed in separate rating classifications. TABLE A115.1 RATING CLASSIFICATIONS Type of Buildin Class Essential Building1 High Risk Building II A115.1.1 General requirements. 71 The owner of each building within the scope of this chapter shall cause a structural analysis of the building to be made by a civil or structural engineer or architect licensed by the State of California. If the building does not meet the minimum lft' earthquake standards specified in this chapter, the owner shall either cause it to be structurally altered to conform to such standards or cause the building to be demolished. The owner of each building within the scope of this chapter shall comply with the requirements set forth above by submitting to the building official for review within the stated time limits: 1. On or before January 1, 2005, a structural analysis, which is subject to approval by the building official, and which shall demonstrate that the building meets the minimum requirements of this chapter; or 2. On or before January 1, 2005, a structural analysis and plans for the proposed structural alterations of the building necessary to comply with the minimum requirements of this chapter; or 3. On or before January 1, 2005, plans for the demolition of the building. After plans are submitted and approved by the building official, the owner shall obtain a building permit, commence and complete the required construction within the time limits set forth in Table Al15.1.1. TABLE A115.1.1 TIME LIMITS FOR COMPLIANCE Rating Occupant Deadline for Building Permit From Date of Permit Classification Load Submission of Issuance Deadline for Issuance Rehabilitation Strengthening or Commence Complete Plans Demolition Within Within I Any January 1, January 1, 2005 180 days 3 years 2005 II Any January 1, January 1, 2005 180 days 3 years 2005 A115.2 Notice and Order A115.2.1 General. The building official shall, within 30 days of the determination that a building is of unreinforced masonry construction issue a notice and order as provided in this section to the owner of a building within the scope of this chapter. A115.2.2 Service of notice and order. A notice or order issued pursuant to this section shall be in writing and shall be served either personally or by certified or registered mail upon the owner as shown on the last equalized assessment roll, and upon the person, if any, in apparent charge or control of the building. The failure of any such person to receive such notice or order shall not affect the validity of any proceedings taken under this chapter or relieve any such person from any duty or obligation imposed on him by the provisions of this chapter. 72 A115.2.3 Content of notice and order. The notice shall specify that the building has been determined by the building official to be within the scope of this chapter and, therefore, is subject to the minimum seismic standards of this chapter. The order shall direct the owner to obtain a building or demolition permit as required by this chapter and cause the building to be structurally altered to conform to the provisions of this chapter, or cause the building to be demolished. The notice or order shall be accompanied by a copy of Section A115.1, which sets forth the owner's responsibilities. A115.3 Appeal. The owner of the building may appeal the building official's initial determination that the building is within the scope of this chapter to the Board of Appeals established by Appendix Section 112 of the California Building Code, as adopted. Such appeal shall be filed with the Board within 60 days from the service date of the order described in Section Al 15.2. Any appeal shall be decided by the Board no later than 90 days after filing and the grounds thereof shall be stated clearly and concisely. Appeals or requests for modifications from any other determinations, orders or actions by the building official pursuant to this chapter shall be made in accordance with the procedures established in Appendix Section 104.10 of the California Building Code. A115.4 Recordation. At the time that the building official serves the aforementioned notice, the building official shall also file and record with the office of the county recorder a certificate stating that the subject building is within the scope of this chapter and is a potentially earthquake hazardous building. The certificate shall also state that the owner thereof will be ordered to structurally analyze the building to determine compliance with this chapter. If the building is either demolished, found not to be within the scope of this chapter, or is structurally capable of resisting minimum seismic forces required by this chapter as a result of structural alterations or an analysis, the building official shall file and record with the office of the county recorder a form terminating the status of the subject building as being classified within the scope of this chapter. A115.5 Enforcement. If the owner in charge or control of the subject building fails to comply with any order issued by the building official pursuant to this chapter within the time limit set forth in Section A115.1, the building official shall verify that the record owner of this building has been properly served. If the order has been served on the record owner, then the following provisions apply: 1. The building official may order that the entire building be vacated and that the building remain vacated until such order has been complied with. If compliance with such order has not been accomplished within 90 days after the date the building has been ordered vacated or such additional time as may have been granted by the Board of Appeals, the building official may order its demolition in accordance with the provisions of Sections 107, 108, and 109 of *rrr the International Property Maintenance Code. 73 2. Any person who violates any provision of this chapter is guilty of a misdemeanor, and is subject to the penalty as provided for in Chapter 1 of the City of Atascadero Municipal Code. W0 Chapter 11 POST-DISASTER REGULATIONS Section 8-11.101 Intent This chapter establishes standard placards to be used to indicate the condition of a structure for continued occupancy following an earthquake or other destructive event. The chapter further authorizes the building official and his or her representatives to post the appropriate placard at each entry to a building or structure upon completion of a safety assessment. Section 8-11.102 Application of provisions. The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Atascadero following each destructive event. The City Council may extend the provisions as necessary. Section 8-11.103 Definitions. SAFETY ASSESSMENT. A visual, nondestructive examination of a building or structure for the purpose of determining the condition for continued use. Section 8-11.104 Placards. A. The following official placards shall be used to designate the condition for occupancy of buildings or structures: 1. Green: "Inspected -Lawful Occupancy Permitted" is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure. 2. Yellow: "Restricted Use"is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restriction on continued occupancy. 3. Red: "Unsafe -Do Not Enter or Occupy" is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstances except as authorized in writing by the building official or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered 74 _ as a demolition order. The individual who posts this placard will note in general terms the type of damaged encountered. B. The placard shall display the number of the ordinance codified in this chapter, and the name, address and phone number of the jurisdiction. C. Once the placard has been attached to the building or structure, it shall not be removed, altered or covered until authorized representative by the building official. It shall be unlawful for any person, firm or corporation to alter,remove, cover or deface a placard unless authorized pursuant to this section. NVAr 75 SECTION 2. Chapter 7 of Title 4 of the City of Atascadero Municipal Code is hereby repealed and replaced by new Chapter 7 of Title 4 as follows: TITLE 4 Chapter 7 FIRE CODE Section 4-7.101 Title This chapter shall be known as the City of Atascadero Fire Code. Section 4-7.102 Adoption of Fire Code and Wildland-Urban Interface Code. Two documents, three (3) of which are on file in City offices, identified by the Seal of the City of Atascadero, marked and designated as the 2007 edition of the California Fire Code and the 2006 edition of the International Wildland-Urban Interface Code published by the International Code Council are hereby adopted, including chapters and sections not adopted by agencies of the State of California, and including appendices thereto, as the Fire Prevention Regulations of the City of Atascadero. The provisions of such are hereby referred to, adopted, and made a part hereof as if fully set out in this Chapter except as modified hereinafter. Section 4-7.103 Modifications to the California Fire Code. A. Delete Appendix Chapters A and D. B. Amend Appendix Section 101.1 to read as follows: 101.1 Title. These regulations shall be known as the Fire Code of Atascadero, hereinafter referred to as "this code". C. Amend Appendix Section 103.1 to read as follows: 103.1 General. The office of fire prevention is established within the jurisdiction under the direction of the fire code official for the implementation, administration and enforcement of the provisions of this code D. Add Appendix Section 105.1.4 to read as follows: 105.1.4 Construction permit consolidation. Construction permits required under Appendix Section 105.7 may be included with a construction permit issued by the building official under Appendix Chapter 1 of the California Building Code. All applicable construction permit fees shall be included in the consolidated construction permit issued by the building official. I. Amend Appendix Section 108.1 to read as follows: 76 - 108.1 Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretations of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be the City Council. The fire code official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The board shall adopt rules of procedure for conducting its business. E. Amend Section 311.2.2 by deletion of Exceptions 1 and 2. F. Amend Section 503.1.1 to read as follows: 503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for every facility, building or portion of a building hereafter constructed or moved into or within the jurisdiction. The fire apparatus access road shall comply with the requirements of this section and shall extend within 150 feet (45 720mm) of all portions of the facility and all portions of the exterior walls of the first story of the building measured by an approved route around the exterior of the building or facility. Exception: The fire code official is authorized to increase the dimension of 150 feet (45 720 mm) where: 1. Fire apparatus access roads cannot be installed because of location on property, topography, waterways, nonnegotiable grades or other similar w conditions, and an approved alternative means of protection is provided. 2. There are not more than two Group R-3 or Group U occcupancies. G. Amend Section 505.1 to read as follows: 505.1 Address numbers. New and existing buildings shall have approved address numbers, building numbers or approved building identification placed in a position that is plainly legible and visible from the street or road fronting the property. All buildings with access via an alley or other similar roadways shall have the address number provided on the rear door of the building or tenant space. Address numbers shall contrast with their background. Address numbers shall be Arabic numerals or alphabet letters. Numbers shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7 mm) or as otherwise determined necessary by the fire code official. H. Amend Section 508.2 to read as follows: 508.2.2 Water tanks. Water Tanks are not permitted for private fire protection. 1. Amend Section 603.4 to read as follows: 603.4 Portable un-vented heaters. The use of portable un-vented fuel-fired heating equipment shall be prohibited in all occupancies except where a permit has been issued by the fire code official. _ 77 J. Amend Section 609.2 and add Section 609.2.1 to read as follows: 609.2 Where required. A Type I hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes that produce grease vapors. Hood systems shall be tied into existing alarm systems. 609.2.1 Hood servicing. A certificate of inspection/service shall be forwarded to the fire code official within five (5) working days of completion of the six (6) month service, or upon service rendered after the activation of any fire suppression system. The submission of the certificate of inspection service is the responsibility of the contractor performing the service. The certificate may be a copy of the invoice as long as it has the required information is contained therein. The certificate shall include: 1. The name, address and phone number of the licensed contractor performing the service. 2. The name, address and phone number of the business for whom the service is being done. 3. Date and time of the service. 4. Make, model and manufacturer of the system. 5. A detailed list of all work completed on the system (clean nozzles, replace links, recharge system...). 6. Specific date of the previous service on the system. 7. The cleanliness of the hood and associated appliances. 8. Alterations to the system or appliances that causes the system to be out of compliance with the manufacturer's specifications. K. Amend Section 901.7 to read as follows: 901.7 Systems out of service. Where a required fire protection system is out of service, the fire code official shall be notified immediately and, where required by the fire code official, the building shall either be evacuated or an approved fire watch shall be provided for all occupants left unprotected by the shut down until the fire protection system has been returned to service. Where utilized,fire watches shall be provided with at least one approved means for notification of the fire department and their only duty shall be to perform constant patrols of the protected premises and keep watch for fires. The person assigned to fire watch shall maintain a written log of their activities during their assigned shift and the log shall be provided to the fire code official upon request. L. Amend Section 903.2 and delete Sections 903.2.1 through 903.2.10.3 to read as follows: 903.2 General. An automatic fire-extinguishing system shall be installed in new buildings as set forth in Section 903.2 of the California Building Code as amended in Section 8-3.101 of the Atascadero Municipal Code. 78 Section 903.2.3 through Section 903.2.10.3 not used. Text continues with Section 903.2.11. M. Add Section 904.11.4.2 to read as follows: 904.11.4.2 Wood or wood product fueled cooking. All commercial-type cooking equipment using wood or wood products as fuel shall be protected by an automatic sprinkler system within the hood and the duct work. The water supply may be provided from the building's fire sprinkler system, or the domestic water supply. The minimum water flow calculation shall be 18 gallons per minute (691pm) at 7 psi for each head. There shall be a separate control valve for the fire sprinkler system protecting the commercial-type cooking equipment. N. Amend Section 904.11.6.4 to read as follows: 904.11.6.4 Extinguishing system service. Automatic fire-extinguishing systems shall be serviced in accordance with the manufacturer's specifications and the California State Fire Marshal's Standards at least every 6 months and after activation of the system. Service shall be by licensed and qualified individuals, and a certificate of inspection shall be forwarded to the fire code official as set forth in section 609.2.1. O. Add Sections 907.20.5.1 through 907.20.5.3 to read as follows: 907.20.5.1 False alarms. The fire code official is authorized to seek cost recovery for a fire department response to an alarm system activation which is determined to be a false alarm caused by system malfunction, system misuse or other non- emergency causes. 907.20.5.2 False alarm frequency. The cost recovery fee will be charged for all responses after the second false alarm in a calendar year. 907.20.5.3 False alarm fee. The amount of the cost recovery fee will be as set forth in the City of Atascadero User Fees Schedule. Additional fees may be charged for extraordinary circumstances. P. Add Sections 1011.1.1 through 1011.1.3 to read as follows: 1011.1.1 Floor level exit signs. All buildings, or portions of a building with an occupant load of 50 or more shall be provided with floor level exit signs. The floor level exit signs shall be readily visible from any direction of egress travel. Access to exits shall be marked by readily visible floor level exit signs in cases where the exit or the path of egress travel is not immediately visible to the occupants. Floor level exit sign placement shall be such that no point in a corridor is more than 100 feet (30.5 m) or the listed viewing distance for the sign, whichever is less,from the nearest visible exit sign. 79 1011.1.2 Installation. Floor level exit signs shall be installed so the bottom of the sign is not less than 6 inches (152 mm), nor more than 8 inches (203 mm) above the adjacent grade. The sign shall be installed on the latch side of exit doors and shall be not less than four inches from the door opening. 1011.1.3 Floor level exit sign illumination. All floor level exit signs shall be illuminated as set forth in Sections 10 11.2, 1011.4, and 1011.5. R. Add Section 1411.3 to read as follows: 1411.3 Temporary exit signage. All buildings under construction or undergoing demolition shall be provided with temporary exit signage when any one or more of the following conditions are present: 1. The building is 15,000 square feet or larger. 2. When in the opinion of the fire code official, exit signage is necessary due to the design of the building or other unusual circumstances are present. The location and design of the exit signs shall be determined by the fire code official. S. Amend Section 1415.1 to read as follows: 1415.1 Where required. Structures under construction, alteration or demolition shall be provided with not less than one approved portable fire extinguisher in accordance with Section 906 and sized for not less than ordinary hazard as follows: 1. At each stairway on all floor levels where combustible materials have accumulated. 2. In every storage and construction shed. 3. Additional portable fire extinguishers shall be provided where special hazards exist, including, but not limited to, the storage and use of flammable and combustible liquids. 4. Throughout the building under construction in sufficient quantity so travel distance does not exceed 75 feet. 5. The minimum rating for fire extinguishers shall be 2AlOBC. Section 4-7.104 Modifications to the International Wildland-Urban Interface Code. A. Delete Appendix C,E and G. B. Amend Section 101.1 to read as follows: 101.1 Title. These regulations shall be known as the Wildland-Urban Interface Code of the City of Atascadero, hereinafter referred to as "this code." References throughout this code to the International Building Code shall mean California Building Code. References throughout this code to the International Fire Code shall mean California Building Code. 80 C. Add Section 101.1.1 to read as follows: 101.1.1 Code official designated. For the purposes of this code, the code official shall be the fire code official or building official as established in the building construction and fire codes adopted by the City. D. Amend Section 104.1 to read as follows: 104.1 General. To determine the suitability of alternate materials and methods and to provide for reasonable interpretations of the provisions of this code, there shall be and hereby is created a board of appeals. The board of appeals shall be the City Council. The building official and fire code official shall be ex officio members, and shall act as secretary of the board. The board shall adopt reasonable rules and regulations for conducting its investigations and shall render decisions and findings in writing to the code official, with a duplicate copy to the applicant. E. Amend Section 108 to be titled CERTIFICATE OF OCCUPANCY and amend Section 108.1 to read as follows: 108.1 General. A certificate of occupancy shall not be issued by the building official until the code official determines that the project is in compliance with this code. F. Amend Section 302.1 to read as follows: 302.1 Declaration. Wildland-Urban Interface areas shall be established by the Fire Hazard Severity Zones designated by the State of California or as declared by the City Council. G. Amend Section 505.2 to read as follows: 505.2 Roof covering. Roofs shall have at least a Class A roof covering,Class A roof assembly or an approved noncombustible roof covering. For roof coverings where the profile allows a space between the roof covering and decking, the space at the eave ends shall be firestopped to preclude entry of flames or embers. H. Amend Section 506.2 to read as follows: 506.2 Roof covering. Roofs shall have at least a Class A roof covering, Class A roof assembly or an approved noncombustible roof covering. For roof coverings where the profile allows a space between the roof covering and decking, the space at the eave ends shall be firestopped to preclude entry of flames or embers. - 81 SECTION 3. Section 7-3.001 of Title 7 of the Atascadero Municipal Code is hereby repealed and replaced by new Section 7-3.001 as follows: lwoe 7-3.001 Sewer connection availability. For the purposes of this chapter a public sewer shall be deemed to be available to a building if the sewer is installed in a public right-of-way or easement at the property line of the lot upon which the building is located or is within 200 feet of the proposed or existing structure. SECTION 4. If any provision of this Ordinance is for any reason held to be invalid by a court of competent jurisdiction, the City of Atascadero hereby declares that it would have passed each and every remaining provision irrespective of such holding in order to accomplish the intent of this ordinance. SECTION 5. Approval. The City Council of the City of Atascadero, in a regular session assembled on November 27, 2007 resolved to approve on second reading, by title only, an ordinance that would amend above referenced codes as described. SECTION 6. This Ordinance or a comprehensive summary thereof shall be published once in a newspaper of general circulation in the City of Atascadero within 15 days after its adoption. A copy of the full text of this ordinance shall be on file in the City Clerk's office on and after the date following introduction and passage and shall be available to any interested member of the public. 82 - INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF ATASCADERO By: Dr. George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian Pierik, City Attorney 83 84 ITEM NUMBER: B-1 DATE: 11/27/07 ..� ■e e e 1815 a 1919 9 Atascadero City Council Staff Report - Community Development Department PLN 2099-1108 Planned Development Overlay Zone #31 : BMX Facility Master Plan of Development 6575 Sycamore Rd (Atascadero BMX) (Approval of the proposed project would allow a private BMX facility to be located at 6575 Sycamore Road) RECOMMENDATIONS: Planning Commission Recommends: Council: 1. Adopt Draft Resolution A certifying Proposed Mitigated Negative Declaration 2006- 0015; and 2. Introduce for first reading, by title only, Draft Ordinance A approving Zone Text Change 2005-0108 to establish Planned Development Overlay Zone #31; and 3. Introduce for first reading, by title only, Draft Ordinance B approving Zone Map Change 2007-0143 based on findings; and 4. Adopt Draft Resolution B approving Conditional Use Permit 2005-0168 (Master Plan of Development) based on findings and subject to Conditions of Approval and Mitigation Monitoring. REPORT-IN-BRIEF: The proposed project consists of a Zone Text Change to establish a new site-specific Planned Development #31 Overlay Zone and Zone Map Amendment to establish a Planned Development Overlay Zone #31 on the subject site with a corresponding Master Plan of Development (CUP) that would allow a private BMX facility to be located - 85 at 6575 Sycamore Road. The specific project site is currently owned by the Atascadero Mutual Water Company and contains adjacent industrial and water facility uses. DISCUSSION: Situation and Facts: 1. Applicant/ Representative: Atascadero BMX—Tom Jordan 2. Project Address: 6575 Sycamore Rd, Atascadero, CA 93422 APN 028-111-001, 003 (San Luis Obispo County). 3. General Plan Designation: I (Industrial) 4. Zoning District: IP (Industrial Park) 5. Site Area: 24 acres 6. Existing Use: Vacant at the proposed location 7. Environmental Status: Proposed Mitigated Negative Declaration 2007-0015 Background On October 16, 2007, the Planning Commission held a public hearing for the proposed project and recommended that the City Council approve the proposed BMX facility on a 4-0 vote. The Commission recommended the following additional conditions which are included in the resolutions for approval: Condition 14: The BMX track shall be used by non-motorized bikes only. Condition 15: The facility shall be limited to one speaker for the announcer tower. Any additional amplified sound devices shall be prohibited. The Parks and Recreation Commission held a meeting on November 15, 2007 to discuss the item. The Commission recommended that the City Council approve the proposed BMX track with the following condition added: Condition 16: Should any soil amendments or additives be used on the track for controlling dust or any other effect, the material shall be reviewed and analyzed for environmental impacts and shall be approved by the Community Development Department prior to application. 86 Staff also received a letter from the Public Utilities commission regarding the proximity of the proposed track to the existing Union Pacific Railroad mainline. The letter recommends adding mitigation measures to prevent users from utilizing the tracks as a path of travel to the facility. The track is separated from the proposed project site by Sycamore Road. No conditions of approval have been included in the draft resolution pertaining to this matter. Surrounding Land Use and Setting: North: Open Space/Salinas River East: Industrial South: Cemetery/ Residential West. Industrial/AMWC Project site / T s ; r r� it ! The project site is within the Industrial General Plan Land Use Designation and is zoned Industrial Park. As outdoor recreation is not an allowed use within the Industrial Park Zone, the requested application includes a PD Overlay Zone Change to allow the facility at this site only and provide additional controls and standards for the proposed BMX track and subsequent use. A public meeting was held on April 10, 2006 for the neighbors to hear the proposal, ask questions, and discuss any concerns they had with the proposed facility. Issues discussed at that meeting included: ■ Noise ■ Lights ■ Traffic ■ Parking ■ Times of use - - 87 Analysis of these issues is discussed in the following section. , ANALYSIS: Proiect Description: The project consists of an application for a Zone Text Amendment, a Zone Map Change, and a Conditional Use Permit to establish a PD Overlay Zone that would allow a Bicycle Motor Cross facility on an existing lot owned by the Atascadero Mutual Water Company adjacent to the Salinas River and the Anza Trail. The Planned Development Overlay Zone Change would be site specific and include a Master plan of Development (CUP) that would include the construction of a dirt BMX track for non-motorized bikes, a registration and concession building, announcer's tower, portable restroom facilities, a utility building, and unimproved parking area. The facility will be fenced and monitored by the Atascadero BMX Association. The BMX track and associated improvements will be managed, maintained, and operated solely by the Atascadero BMX Association. The City is participating as leasee at the request of the Atascadero Mutual Water Company. The City does not have plans to share operation of the facility and no public events or access will be provided. Site Plan, Circulation, and Parking: The proposed facility takes access off of Sycamore Road and 47 designated parking spaces will be provided on-site. In addition, an overflow parking area is proposed to be located under the Highway 41 Bridge. This area will provide parking for larger events and will accommodate approximately 58 additional cars. An encroachment permit from Caltrans will be required prior to issuance of permits for the overflow parking area. If an encroachment permit cannot be obtained, the facility will be limited to the main parking area shown on the Master Plan of Development. Frontage Improvements: No frontage improvements will be required by the City Engineer. Landscape Design: The applicant will provide landscaping along the borders of the proposed facility to screen the use and provide a buffer between the facility and the Anza Trail. Landscaping will include native drought tolerant species and will be maintained by the Atascadero BMX Association until such a time that they are established. Screening materials will consist of evergreen shrubs and shall be maintained to provide adequate screening of the use from Sycamore Road and the adjacent Salinas River and Anza Trail area. 88 - Native Tree Mitigation/Preservation: The project site contains a number of native oak trees along the Sycamore Road right- of-way. These trees are proposed to remain and will not be affected by the proposed improvements or continued use. Site Drainage: As the proposed track and improvements are located adjacent to the Salinas River, detention and siltation controls have been proposed which will mitigate negative impacts of storm water run-off. These basins will function regardless of the configuration of the BMX track. Floodway Impacts: The proposed BMX track and associated accessory buildings are located within the Salinas River Floodway. The floodway is the channel of a river and the adjacent land areas that must be reserved in order to discharge the base flood without cumulatively increasing the water surface elevation more than the designated height. Permanent structures and fill material are not allowed within the floodway, unless it has been demonstrated through hydrologic and hydraulic analyses, performed in accordance with standard engineering practice, that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge, as they can affect the floodway volume and velocity of water causing downstream impacts. As such, staff has conditioned that the structures be portable and removed no later than December 1St following the end of the BMX season. In addition, the City will reserve the right to require removal of the structures during the BMX season should the City Engineer deem necessary based on any anticipated storm or flood vent. The project is also conditioned to have an engineering evaluation to demonstrate that the grading will not have an impact on the Floodway. Neighborhood Concerns: During the April 2006 neighborhood meeting, the following issues and concerns were discussed: Noise: The neighborhood had concerns regarding noise from users, spectators, and race announcers. Atascadero BMX Association is requesting amplified announcement similar to the announcement system utilized at Paloma Park for sports events. The amplified sound system is lower volume and utilizes one speaker, which will be positioned at the announcer's tower. 89 Lights: No lighting is proposed for the facility. Events will not be held after dark. 1400 Traffic: The proposed facility has one access point off of Sycamore Road both for regular and overflow parking. Sycamore is a two lane road and Atascadero BMX anticipates an average of 25 cars during practice and local race times and 125 cars during a State or National event. The project is conditioned to provide a sight distance analysis of the proposed driveway location to ensure safe entrance and egress for the facility. Parking: Two parking areas are proposed for the use; 1) the designated parking area which can accommodate 47 vehicles and 2) the overflow parking area which can accommodate up to 58 additional vehicles. No parking will be permitted along Sycamore Avenue and no additional site area is proposed for parking. Times of use: The BMX season starts March 1 stand ends December 1 st. All structures will be removed during the off-season, as conditioned. The track may still be used for practice during the off-season, weather permitting. Wastewater: The facility will utilize portable restrooms that will be managed and maintained by the Atascadero BMX Association. General Plan Consistency The proposed project is consistent with the following General Plan Land Use and Open Space Element Goal: LOC 12: Provide a wide range of recreational activities and leisure experiences for all age groups, designed to foster a healthy community for residents and visitors. The Planning Commission found that the proposed project is consistent with the open space and repreation goals and policies of the General Plan. The project will provide additional recreation opportunities to residents and visitors of Atascadero. 14101 90 - Findings VOW Establishment of PD-31 (Zone Text Amendment): 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the Overlay Zone cannot be reasonably achieved through existing development standards or processing requirements. Planned Development Overlay (Zone Map Amendment): As specified in the City's General Plan and Zoning Ordinance, the following specific findings for the proposed Zone Change shall be made in order to approve the proposed project: 1. The proposed Zone Change is in conformance with the adopted General Plan goals, policies, and programs and the overall intent of the General Plan. 2. The proposed Zone Change is compatible with existing development, neighborhoods and the environment. 3. The proposed Zone Change will not create any new significant and unavoidable impacts to traffic, infrastructure, or public service impacts. 4. The proposed Zone Change is consistent with the project-specific Mitigated Negative Declaration. Conditional Use Permit (Master Plan of Development) A Master Plan of Development is required for the project in the form of a Conditional Use Permit. The proposed Master Plan of Development sets development standards related to site design, landscape, signage, use, and specific development standards required by the Zoning Ordinance. The City Council must make the following five findings to recommend approval of the proposed Master Plan of Development: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual. Staff Comment: The use is consistent with the Planned Development Overlay Zone proposed and General Plan Land Use, Open Space and Conservation Element Goal 12. 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including the Planned Development Ordinance. 91 Staff Comment: As conditioned, the project satisfies all Conditional Use Permit and Planned Development Zoning Code provisions. 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use. Staff Comment: The proposed BMX facility will not be detrimental to the general public or working person's health, safety, or welfare. 4. That the proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development. Staff Comment: The proposed project is compatible with the surrounding industrial uses and will be constructed on a portion of the Atascadero Mutual Water Company property that is currently undeveloped. 5. That the proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. Staff Comment: The proposed project and use is consistent with the traffic projections and road improvements anticipated within the General Plan. Proposed Environmental Determination A Draft Mitigated Negative Declaration was prepared for the project and posted for public and agency review. The Environmental Analysis identified concerns regarding potential impacts to aesthetics, cultural resources, hydrology, land use and planning, noise, biological resources, and traffic. Mitigation measures pertaining to these resources are included. The Planning Commission has recommended that mitigation measure 8.h.i.1 to allow structures to be reestablished at the site on March 1St to coincide with the start of the BMX season. This modification has been included in the attached resolutions. A finding has been included that the proposed mitigation measure is equivalent to the previously proposed measure. 92 FISCAL IMPACT It is staff's understanding that the proposed BMX facility will not be operated as a public facility, and no staff or operational costs will be incurred. Additionally, all liability will be the responsibility of the Atascadero BMX Association. Conclusion The proposed application includes a BMX facility located along the Salinas River area on property owned by the Atascadero Mutual Water Company. The facility will be maintained and operated by the Atascadero BMX Association. The site has been designed to minimize impacts to the adjacent Salinas River area and historic Anza Trail. The City Engineer has determined that the proposed facility will not have a negative impact on the floodway with mitigation measures and conditions incorporated. The Planning Commission is recommending that the City Council recommend approve the proposed project as conditioned. ALTERNATIVES 1 . The Council may recommend modifications to the project and/or Conditions of Approval for the project. +�wr 2. The Council may determine more information is needed on some aspect of the project and may refer the item back to the applicant and staff to develop additional information. The Council should clearly state the type of information required and move to continue the item to a future date. 3. The Council may deny the project. The parcel would retain its designation of Industrial Park. The Council should specify the reasons for denial of the project and recommend an associated finding with such action. ATTACHMENTS: Attachment 1: Location, General Plan, and Zoning Map Attachment 2: Proposed Mitigated Negative Declaration and Initial Study Attachment 3: Draft Resolution A Attachment 4: Draft Ordinance A Attachment 5: Draft Ordinance B Attachment 6: Draft Resolution B 93- Attachment 1: Location, General Plan and Zoning Map -u/# ;a Project site u r N " 94 — FAttachment 2: Proposed Mitigated Negative Declaration and Initial Study See Following r _ 95 DEIEED)\"\ CITY OF ATASCADERO><a><a ,eraCOMMUNITY DEVELOPMENT DEPARTMENT CA] By CITY OF ATASCADERO NOTICE OF INTENT TO ADOPT MITIGATED NEGATIVE DECLARATION AND PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Atascadero City Council will be holding a public hearing to consider the following project and environmental determination. The public is encouraged to attend. Applicant: Atascadero BMX Tom Jordan,8255 Graves Creek Rd,Atascadero,CA 93422 Owner: Atascadero Mutual Water Company 5005 El Camino Real,Atascadero,CA 93422 Project Title: ZCH 2005-0108/CUP 2005-0168 Project 6575 Sycamore Road,Atascadero,CA 93422 Location: (San Luis Obispo County) Lot 10,4-RM-80A(APN 028-111-003)and Lot 11 4-RM-81 A (APN 028-121-001) Project The project consists of an application for a Zone Text Amendment,a Zone Map Change,and a Description: Conditional Use Permit to establish a PD Overlay Zone that would allow a Bicycle Motor Cross facility on an existing lot owned by the Atascadero Mutual Water Company adjacent to the Salinas River. The Planned Development Overlay Zone Change would be site specific and include a Master plan of Development(CUP)that would include the construction of a BMX dirt track,a registration and concession building,portable restroom facilities,and a utility building and unimproved parking area.Overflow parking is proposed within the Caltrans right-of-way under the existing Highway 41 bridge across the Salinas River.No outdoor lighting is proposed as part of this project. The project is located within the FEMA designated floodway.No riparian vegetation has been identified.All structures within the project area will be portable and moved based on an adopted schedule. General Plan Designation: Industrial(I) Zoning District: Industrial Park(IP) Environmental Begins: October 4,2007 Review Dates: Ends: November 2,2007 Council Hearing November 13,2007 Date & Location: Atascadero City Hall,7:00 p.m. 6907 El Camino Real,Atascadero,CA 93422 Proposed Based on the initial study prepared for the project, a Mitigated Negative Declaration is proposed.The Environmental proposed Mitigated Negative Declaration is available for public review from 10/04/07 through 11/02/07 Determination: at 6907 El Camino Real, Community Development Department, from 8:00 a.m. to 5:00 p.m.,Monday through Friday. Any k Negative Declaration and projectfiles. Questions should be directed to Kelly Gleason, mer,a14 ex.3 10-4-07 Warren M.Frace,Comm ty Development Director Date File:ZCH 05-0108 ISNIND Print Date:10/07-071:17 PM 6907 EL CAMINO REAL•ATASCADERO,CALIFORNIA 93422•(805)461-5000•FAX 461-7612 96 - CITY OF ATASCADERO 7918 �' 1876 PROPOSED MITIGATED NEGATIVE DECLARATION #2007-0015 Community Development Department 6907 El Camino Real,Atascadero,CA 93422 (805)461-5000 Applicant: Atascadero BMX Tom Jordan,8255 Graves Creek Rd,Atascadero,CA 93422 Owner: Atascadero Mutual Water Company 5005 El Camino Real,Atascadero,CA 93422 Project Title: ZCH 2005-0108/CUP 2005-0168 Project 6575 S:4-RM-80A more Road,Atascadero,CA 93422 Location: (San LObispo County) Lot 10 (APN 028-111-003)and Lot 11 4-RM-81 A (APN 028-121-001) Project The project consists of an application for a Zone Text Amendment,a Zone Map Change,and a Description: Conditional Use Permit to establish a PD Overlay Zone that would allow a Bicycle Motor Cross facility on an existing lot owned by the Atascadero Mutual Water Company adjacent to the Salinas River. The Planned Development Overlay Zone Change would be site specific and include a Master plan of Development(CUP)that would include the construction of a BMX dirt track,a registration and concession building,portable restroom facilities,and a utility building and unimproved parking area.Overflow parking is proposed within the Caltrans right-of-way under the existing Highway 41 bridge across the Salinas River.No outdoor lighting is proposed as part of this project. *MOO, The project is located within the FEMA designated floodway.No riparian vegetation has been identified.All structures within the project area will be portable and moved based on an adopted schedule. General Plan Designation: Industrial(1) ZoninE District: Industrial Park(IP Findings: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts that are individually limited,but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. Determination: Based on the above findings,and the information contained in the initial study 2005-0065 (made a part hereof by reference and on file in the Community Development Department),it has been determined that the above project will not have an adverse impact on the environment when the following proposed mitigation measures are incorporated into the project(see attachment). Prepared By: Kelly Gleason,Associate Planner Date Posted: Public Review Ends: Attachments: - Location Map and Zoning - Grading Plan/Landscape - Initial Study 2007-0015 AWAVI P6.1 Dm:1010310711:21 AM Fi1c:ZCH 05.0108 1SMND 6907 EL CAMINO REAL•ATASCADERO,CALIFORNIA 93422 •(805)461-5000•FAX 461-7612 -- - 97 ,e CITY OF ATASCADERO INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM Environmental Review 2007-0015 Applicant: Atascadero BMX Tom Jordan,8255 Graves Creek Rd,Atascadero,CA 93422 Owner: Atascadero Mutual Water Company 5005 El Camino Real,Atascadero,CA 93422 Project Title: ZCH 2005-0108/CUP 2005-0168 Project Location: 6575 Sycamore Road,Atascadero,CA 93422 (San Luis Obispo County) Lot 10,4-RM-80A(APN 028-111-003)and Lot 11 4-RM-81 A (APN 028-121-001) Project The project consists of an application for a Zone Text Amendment,a Zone Map Change,and a Description: Conditional Use Permit to establish a PD Overlay Zone that would allow a Bicycle Motor Cross facility on an existing lot owned by the Atascadero Mutual Water Company adjacent to the Salinas River. The Planned Development Overlay Zone Change would be site specific and include a Master plan of Development(CUP)that would include the construction of a BMX dirt track,a registration and concession building,portable restroom facilities,and a utility building and unimproved parking area.Overflow parking is proposed within the Caltrans right-of-way under the existing Highway 41 bridge across the Salinas River.No outdoor lighting is proposed as part of this project. The project is located within the FEMA designated floodway.No riparian vegetation has been identified.All structures within the project area will be portable and moved based on an adopted schedule. General Plan Designation: Industrial(1) Zoning District: Industrial Park(IP Lead Agency Name and Address: City of Atascadero 6907 El Camino Real,Atascadero,CA 93422 Contact Person and Phone Number: Kelly Gleason,Associate Planner 461-5000 X:3436 City of Atascadero 6907 El Camino Real,Atascadero,CA 93422 General Plan Designation: Industrial(I) Zoning: Industrial Park(IP) Surrounding Land Uses and Setting: North: Open Space(OS) South: Railroad West: Industrial(I) East:Industrial(I) Other public agencies whose Caltrans District 5 approval is required: (e.g.,permits, financing approval,or participation agreement) 10/03/07 ZCH 05-0108 ISMND 98 ` n CITY OF ATASCADERO INITIAL STUDY Attachment 1 Location Map and Zoning • I Salinas River Project Site f - 6575 Sycamore Rd. s � �I'M1 1 ! H �i 011�i4, 1 w J j• ...�. ;' �� ... .........pr,'.- 1.1� Aftoo, i North 10/03/07 ZCH 05-0108 ISMND _ - - 99 .„ CITY OF ATASCADERO INITIAL STUDY Attachment 2 Grading Plan / Landscape FIll!f! I ►1; 1, l ► �a ► "lit 1t:� el m / z J a►1 r !t Iil Ei t �f II '' IEE �� �� ' � �� ��€ ,'K'; .'�•�`-��E`iE��€�'�`��"`�"�-`.2 �,�" /'{ E� 1 .E > c �e6 •.���;-� els-_`�����I$i. --- �'/ t�1 • i A it . �_ '"— { SEI tQi �t €��I ►ii e�t � m t 1 it/+`—� "? �• 1�'•rp/ f'� /� / I lii'i It ;1 � i rr/II l 1 li it i r° �Ihlf •' ,� ..\I_ ' ' d`�I �'I;lil•'11 it i,1 1i it \,,l I i 1 \ 111'1\..•: tl/''�; I\ /� / � /'�/ I II I ,�1'' 1 E4;999999 { � 1 ► t 9 '\ p. 1 �� 1 �:`: /,�.' � /f �I �I � 1 Tt E /e�� � ► �C'4 1' C� m � IEi,Fll i�l� 2 g 71 9iir„ • 0 9�t1•E; '+¢ B1scvnD.Frrlta A!/.F,Au lIP 10103107 ZCH 05-0108 ISMND - 100 CITY OF ATASCADERO INITIAL STUDY Exhibit A Timing Responsibility Mitigation (Monitoring Measure Mitigation Monitoring Program GP Grading Penal PS Planning Services ZCH 2005-0108, CUP 2005-0168 BP:BuildingPerrM BS:Building Services M:Terr"ry FD:Fre Department occupancy PD:Police Departrmnl Sycamore Road- APP!: 028-111-003 and 028-121-001 FI:Finanal lOcecfan WW:City Wastewater F0:Final Occupancy WW:Wastewater CA City Atlomey AMWC:Water Corry. Mitigation Measure 1.c.1: Landscape buffering shall be provided BP PS 1.c.1 between the BMX facility and the Anza trail. Landscaping shall include evergreen native shrubs such as Ceanothus,Manzanita and flannel bushes.Advertisements and signage will be placed so that no signs are visible from Sycamore Rd or the historic Anza trail. Mitigation Measure 1.d.1: Lighting will be limited to low-level safety BP/ PS 1.d.1 lighting. No track ro event lighting will be permitted. Ongoing Mitigation Measure 3.b.1: Dust Control Measures-The project as BP PS/CE/BS 3.b.1 described in the referral will not likely exceed the APCD's CEQA significance threshold for degradation of air quality. However, construction and proposed activities can generate fugitive dust,which could be a nuisance to local residents and businesses in close proximity to the proposed site. Dust complaints could result in a violation of the District's 402"Nuisance"Rule. APCD staff recommend the following measures be incorporated into the project to control dust during construction and throughout the life of the proposed use: ❑ Reduce the amount of the disturbed area where possible; ❑ Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable)water should be used whenever possible; ❑ All dirt stock-pile areas should be sprayed daily as needed; and ❑ All roadways,driveways,sidewalks,etc.to be paved should be completed as soon as possible,and building pads should be laid as soon as possible after grading unless seeding or soil binders are used. Mitigation Measure 3.b.2:The track will be watered and maintained to BP PS/CE 3.b.2 control dust off of both the track and associated improvements such as the parking areas. ZCH 05-0108 ISIAND 10/03/07 101 CITY OF ATASCADERO INITIAL S=Y Exhibit A Timing Responsibility Mitigation Mitigation Monitoring Program !Monitoring Measure ZCH 2005-0108 CUP 2005-0168 BP:Grading P PS:Planning Services BP:Building Pam* BS:BuBdng Services TO:Temporary FD:Fre Department Occupancy PD:Police Departrnent Sycamore Road-APN: 028-111-003 and 028-121-001 FI-Fnai cecayEngneet FO: WW:Wastewater CA C&y Attorney AMWC:Water Corry. Mitigation Measure 4.e.1: Grading and excavation work shall be BP PS 4.e.1 consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. Mitigation Measure 4.c.1:The riparian shall be fenced off during initial BP PS 4.c.1 construction.The permanent fencing to be installed shall denote the limits of future activity and use. Mitigation Measure 5.a.1:The historic Anza trail will be relocated outside BP PS 5.a.1 the project boundary and shall be constructed in a manner which is consistent with current use of the trail. Mitigation 5.d.1: Should any human remains be discovered on the BP PS 5.d.1 property,all work on the project should stop and the County Coroner ti„Rpl/' contacted. If the human remains are identified as being Native American,the California Native American Heritage Commission(NAHC) should be contacted at(916)653-4082. Mitigation Measure 6.b.1: All detention and erosion control measures BP/ CE 6.b.1 shall remain in place for the life of the project.Any subsequent Ongoing earthwork and/or redesign of the BMX course shall be compatible with the originally approved grading plan for the site.Any additional grading in excess of 50 cu yds shall required additional permits through the City. Mitigation Measure 6.b.2: Construction activities are subject to review BP CE 6.b.2 for compliance with City drainage and grading regulations. Drainage will not be permitted to create or intensify any hazards for persons or property in the vicinity. Mitigation Measure 8.h.i.1:All structures will be portable. Structures will Ongoing CE 8.h.1.1 be removed from the site no later than December 1 st and may not be re- established at the site until March 15th. In the case of a storm or flood event during the BMX season,or at any other time as instructed by the City Engineer, all structures shall be removed and shall not be returned until permitted by the City Engineer. Mitigation Measure 8.h.i.2:No net fill material shall be permitted at the BP/ CE 8.h.1.2 project site.Any imported fill must be accompanied by equivalent export Ongoing of existing material from the site.Any export material shall be approved by the City Engineer and a traffic plan with designated export routes and receiver sites shall be submitted to the Community Development Department and the City Engineer for review and approval. 10/03/07 ZCH 05-0108 ISMND 102 - -_ CITY OF ATASCADERO INITIAL STUDY Exhibit A Timing Responsibility Mitigation /Monitoring Measure Mitigation Monitoring Program GP.Grading Perrtrl PS:Panning Services ZCH 2005-0108, CUP 2005-0168 8P:Building rermt es:Building Services TO:Temporary FD:Fire Department Occupancy PD:Police Department Sycamore Road-APN: 028-111-003 and 028-121-001 Ft:Freiinspectpn CE City Engineer y F0:Final Occupancy WW:Wastewater CA City Attorney AMWC:Water Corry. Mitigation Measure 11.d.1: All construction and subsequent use Ongoing PS 11.d.1 activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. Mitigation Measure 11.d.2: Amplified sound will be limited to low-level Ongoing PS 11.d.2 building mounted equipment on the announcer's tower.Amplified sound will only be used for events and not for routine practices.Signage shall be posted by the applicant at the front gate alerting users of the rules for amplified sound and a contact number for the applicant's designee will be listed so that any use of amplified sound outside the allowed times can be reported. 10103/07 ZCH 05-0108 ISIAND - 103 if CITY OF ATASCADERO INITIAL STUDY ENVIRONMENTAL FACTORS POTENTIALLY AFFECTED: The environmental factors checked below would be potentially affected by this project, involving at least one impact that is a "Potentially Significant Impact" as indicated by the checklist on the following pages. ❑ Aesthetics ❑ Agriculture Resources ❑ Air Quality ❑ Biological Resources ❑ Cultural Resources ❑ Geology/Soils ❑ Hazards & Hazardous ❑ Hydrology/Water Quality ❑ Land Use/Planning Materials ❑ Mineral Resources ❑ Noise ❑ Population/Housing ❑ Public Services ❑ Recreation ❑ Transportation/Traffic ❑ Utilities/ Service Systems ❑ Mandatory Findings of Significance On the basis of this initial evaluation: ❑ I find that the proposed project COULD NOT have a significant effect on the environment,and a NEGATIVE DECLARATION will be prepared. ® I find that although the proposed project could have a significant effect on the environment,there will not be a significant effect in this case because the mitigation measures described on an attached sheet have been added to the project. A MITIGATED NEGATIVE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment, and an ENVIRONMENTAL IMPACT REPORT is required. ❑ I find that the proposed project MAY have a"potentially significant effect"or"potentially significant unless mitigated"impact on the environment,but at least one effect 1)has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2)has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required,but it must analyze only the effects that remain to be addressed. ❑ I find that although the proposed project could have a significant effect on the environment,there WILL NOT be a significant effect in this case because all potentially significant effects(a)have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b)have been avoided or mitigated pursuant to that earlier EIR or NEGATIVE DECLARATION, including revisions or mitigation measures that are imposed upon the proposed project. Kelly Gleason Associate Planner 10/03/07 ZCH 05-0100 ISMND 104 - - CITYOFATASCADERO INITIAL STUDY EVALUATION OF ENVIRONMENTAL IMPACTS: 1) A brief explanation is required for all answers except"No Impact" answers that are adequately supported by the information sources a Lead Agency cites following each question. A "No Impact" answer is adequately supported if the referenced information sources show that the impact simply does not apply to projects like the one involved(e.g. the project falls outside a fault rupture zone). A "No Impact" answer should be explained where it is based on project-specific factors as well as general standards(e.g.the project will not expose sensitive receptors to pollutants,based on a project-specific screening analysis). 2) All answers must take account of the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts. 3) "Potentially Significant Impact" is appropriate if there is substantial evidence that an effect is significant. If there are one or more "Potentially Significant Impact" entries when the determination is made,an EIR is required. 4) "Potentially Significant Unless Mitigation Incorporated" applies where the incorporation of mitigation measures has reduced an effect from"Potentially Significant Impact" to a"Less than Significant Impact." The Lead Agency must describe the mitigation measures,and briefly explain how they reduce the effect to a less than significant level(mitigation measures from Section XVII,"Earlier Analyses,"may be cross-referenced). 5) Earlier analyses may be used where,pursuant to the tiering,program EIR,or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D). Earlier analyses are discussed in Section XVII at the end of the checklist. *MW 6) Lead Agencies are encouraged to incorporate into the checklist references information sources for potential impacts(e.g. general plans,zoning ordinances). Reference to a previously prepared or outside document should,where appropriate,include a reference to the page or pages where the statement is substantiated. A source list should be attached. Other sources used or individuals contacted should be cited in the discussion. 10/03/07 ZCH 05-01081SMND 105 leis � �e�9 CITY OF ATASCADERO INITIAL STUDY Initial Study 2007-0015 Potentially Less Than Less Than No Significant Significant with Significant Impact 6575 Sycamore Road Impact Mitigation Impact Incorporation 1.AESTHETICS--Would the project: a)Have a substantial adverse effect on a scenic vista? b)Substantially damage scenic resources, including,but not limited El ❑ 0 to,trees, rock outcroppings,and historic buildings within a state scenic highway? c)Substantially degrade the existing visual character or quality of the site and its surroundings? d)Create a new source of substantial light or glare that would F EJ ❑ adversely affect day or nighttime views in the area? SOURCES: Project Description; site photos;planning staff visit DISCUSSION: 1.a.) The proposed project is not located within a scenic vista. 1.b.) The project site is not directly near a state scenic highway and does not contain a Historic Structure.The project site will not disturb any rock outcroppings. 1.c.) The proposed BMX tract is located adjacent to the Salinas River and the historic Anza Trail.As such,the below 1100, mitigation measures will ensure compatibility between the trail and the proposed use. 1.d.) The proposed project is not expected to be a significant source of light or glare. No track/event lighting is proposed as part of this application.The use of low-level safety lighting will be restricted by the project conditions. Mitigation Measure 1.c.1: Landscape buffering shall be provided between the BMX facility and the Anza trail. Landscaping shall include evergreen native shrubs such as Ceanothus, Manzanita and flannel bushes. Advertisements and signage will be placed so that no signs are visible from Sycamore Rd or the historic Anza trail. Mitigation Measure 1.d.1: Lighting will be limited to low-level safety lighting. No track ro event lighting will be permitted. 2.AGRICULTURAL RESOURCES: In determining whether impacts to agricultural resources are significant environmental effects, lead agencies may refer to the California Agricultural Land Evaluation and Site Assessment Model (1997)prepared by the California Dept. of Conservation as an optional model to use in assessing impacts on agriculture and farmland.Would the project: a)Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland),as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency,to non-agricultural use? b)Conflict with existing zoning for agricultural use,or a Williamson Act contract? El F El rZ c) Involve other changes in the existing environment,which, due to El El El their location or nature,could result in conversion of Farmland,to non-agricultural use? � Illrrt` 10/03/07 ZCH 05-0108 ISMND 106 CITY OF ATASCADERO INITIAL STUDY �• Potentially Less Than Less Than No Initial Study 2007-0015 Significant Significant with Significant Impact 6575 Sycamore Road Impact Mitigation Impact incorporation SOURCES:Land Use Element EIR; site photos; planning staff visit 03/07/06 DISCUSSION 2.a.) The property is not shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency as prime farmland. 2.b.) The property is not under a Williamson Act contract. 2.c.) The project will not result in the conversion of farmland to non-agricultural uses. 3.AIR QUALITY--The significance criteria established by the Air Quality Control District in its CEQA Guidelines may be relied upon to make the following determinations.Would the project: 1771, a)Conflict with or obstruct implementation of the applicable air quality plan? b)Violate any air quality standard or contribute substantially to an existing or projected air quality violation? c)Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions that exceed quantitative thresholds for ozone precursors)? d)Expose sensitive receptors to substantial pollutant ► concentrations? e)Create objectionable odors affecting a substantial number of El Ell people? SOURCES:Air Pollution Control District(APCD)CEQA Air Quality Handbook; project description. DISCUSSION: 3.a.c.) This project will not affect or produce any significant air pollutants after completion of construction. 3.b.) Construction activities, including site grading may produce small quantities of air pollution, including dust and equipment exhaust. In Addition, continued use of the facility by it's nature may produce small quantities of dust. The below mitigation measure has been included to deal with construction and activity related impacts. 3.d.) The construction of the project will not concentrate pollutants. 3.e.) The construction of the Single-Family Residence and the associated on-site and public improvements will not create objectionable odors. Mitigation Measure 3.b.1: Dust Control Measures-The project as described in the referral will not likely exceed the APCD's CEQA significance threshold for degradation of air quality. However,construction and proposed activities can generate fugitive dust,which could be a nuisance to local residents and businesses in close proximity to the proposed site. Dust complaints could result in a violation of the District's 402"Nuisance"Rule. APCD staff recommend the following measures be incorporated into the project to control dust during construction and throughout the life of the proposed use: ❑ Reduce the amount of the disturbed area where possible; ❑ Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed (non-potable)water should be used whenever possible; ❑ All dirt stock-pile areas should be sprayed daily as needed;and ❑ All roadways,driveways,sidewalks,etc. to be paved should be completed as soon as possible,and building pads should be laid as soon as possible after grading unless seeding or soil binders are used. Page 2 ZCH 05-0108 ISMND 10/03/07 107 CITY OF ATASCADERO INITIAL STUDY Initial Study 2007-0015 Potentially Less Than Less Than No Significant Significant with Significant Impact 6575 Sycamore Road Impact Mitigation Impact Incorporation Mitigation Measure 3.b.2:The track will be watered and maintained to control dust off of both the track and associated improvements such as the parking areas. 4. BIOLOGICAL RESOURCES --Would the project: a)Have a substantial adverse effect,either directly or through17 habitat modifications, on any species identified as a candidate, sensitive,or special status species in local or regional plans, policies,or regulations,or by the California Department of Fish and Game or U.S. Fish and Wildlife Service? b) Have a substantial adverse effect on any riparian habitat or other El 0 ® 0 sensitive natural community identified in local or regional plans, policies,or regulations or by the California Department of Fish and Game or US Fish and Wildlife Service? c) Have a substantial adverse effect on federally protected wetlands 17 as defined by Section 404 of the Clean Water Act(including, but not limited to, marsh,vernal pool,coastal,etc.)through direct removal, filling, hydrological interruption,or other means? d) Interfere substantially with the movement of any native resident n n n or migratory fish or wildlife species or with established native !—� ..I resident or migratory wildlife corridors,or impede the use of native wildlife nursery sites? e)Conflict with any local policies or ordinances protecting biological El ® El resources, such as a tree preservation policy or ordinance? f)Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan,or other approved local, regional, or state habitat conservation plan? SOURCES: Project description; Land Use Element EIR. DISCUSSION: A visual survey and report of the site was completed by Gary Ruggerone,Caltrans Environmental Planning.The biologist found that no sensitive species and no riparian vegetation would be negatively affected by improvements in this location.The report recommends planting of only native species. 4.a.) No sensitive species have been found near the site. 4.b.) Vegetation on the project site is broadly characterized as oak woodland, riparian, and ruderal (disturbed habitat). Native oaks are located along the fence line separating Sycamore Road from the site. Ruderal vegetation is found in disturbed areas and is primarily composed of non-native species. This habitat type makes up the bulk of the disposal area. Riparian habitat is present along the bank of the Salinas River. To ensure that any potential impacts to sensitive habitats on the site are avoided,the following avoidance and minimization measures shall be incorporated into the use of the site. 4.c.) The proposed project is not located in federally protected wetlands as defined by Section 404 of the Clean Water Act. 4.d.)The Land Use Element EIR concludes that development within the city limits will have a less than significant impact on wildlife or wildlife corridors. 4.e.f.) The proposed project will not interfere substantially with the movement of any native fish or wildlife species. The project shall follow the Atascadero Native Tree Ordinance. The proposed project will not conflict with local policies or ordinances protecting biological resources nor will it conflict with any conservation plans after the 'wool incorporation of mitigation measures. 10/03/07 Page 3 p ZCH 05-0108 ISMND 100 - - t " CITY OF ATASCADERO A INITIAL STUDY Potentially Less Than Less Than No initial Study 2007-0015 Significant Significant with Significant Impact 6575 Sycamore Road Impact Mitigation Impact Incorporation Mitigation Measure 4.e.1: Grading and excavation work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 5. All existing trees outside of the limits of work shall remain. 6. Earthwork shall not exceed the limits of the project area. 7. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 8. Vehicles and stockpiled material shall be stored outside the drip line of all trees. Mitigation Measure 4.c.1:The riparian shall be fenced off during initial construction.The permanent fencing to be installed shall denote the limits of future activity and use. FULTURAL RESOURCES--Would the project: a)Cause a substantial adverse change in the significance of aV\J EJ historical resource as defined in'15064.5? 17 b) Cause a substantial adverse change in the significance of an E archaeological resource pursuant to'15064.5? c) Directly or indirectly destroy a unique paleontological resource orILN 17 site or unique geologic feature? d) Disturb any human remains, including those interred outside of formal cemeteries? SOURCES: Project description; Land Use Element EIR. DISCUSSION: 5.a.b.c.d)No known archeological or cultural sites have been found or documented in the vicinity of the project. The project site was reviewed by Kelda Wilson, Department of Transportation Archaeologist who found that the proposed project will not be affected by the proposed improvements and use.The project site is located in the vicinity of the historic Anza trail.The trail is defined as a cleared area and is used by pedestrians and equestrians.The proposed project will require relocation of a portion of the trail. Landscape screening has been included in Section 1 mitigation measures. Mitigation Measure 5.a.1:The historic Anza trail will be relocated outside the project boundary and shall be constructed in a manner which is consistent with current use of the trail. Mitigation 5.d.1: Should any human remains be discovered on the property, all work on the project should stop and the County Coroner contacted. If the human remains are identified as being Native American,the California Native American Heritage Commission(NAHC)should be contacted at(916)653-4082. 6. GEOLOGY AND SOILS--Would the project: F] FL7 a) Expose people or structures to potential substantial adverse D F effects,including the risk of loss, injury,or death involving: i)Rupture of a known earthquake fault, as delineated on the El 0 most recent Alquist-Priolo Earthquake Fault Zoning Map issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42. Page 4 ZCH 05-0108 ISMND 10103/07 109 CITY OF ATASCADERO INITIAL STUDY Initial Study 2007-0015 Potentially Less Than Less Than No Significant Significant with Significant Impact 6575 Sycamore Road Impact Mitigation Impact Incorporation ii)Strong seismic ground shaking? El F1 iii)Seismic-related ground failure, including liquefaction? El 1-1 F] 17 iv)Landslides? 1:1 11 b) Result in substantial soil erosion or the loss of topsoil? 7 ® F] F] c) Be located on a geologic unit or soil that is unstable,or that would El F-1 El become unstable as a result of the project, and potentially result in on-or off-site landslide, lateral spreading, subsidence,liquefaction or collapse? d)Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994),creating substantial risks to life or El F property? e)Have soils incapable of adequately supporting the use of septic VN tanks or alternative wastewater disposal systems where sewers are El not available for the disposal of wastewater? SOURCES:Project description; Land Use Element EIR; DISCUSSION: 6.a.) The project is not located on any known earthquake faults. *001 6.b)Construction activities on the site will be required to comply with sedimentation and erosion control measures prescribed by the city engineer. 6.c.d.e)The proposed BMX track will be located within the fioodway of the Salinas River.All structures will be portable the track will be constructed and reshaped as necessary.The soil conditions will not affect proposed structures or the usability of the proposed BMX track.The proposed project will not connect with septic or sewer but will use portable restroom facilities during the BMX season. Mitigation Measure 6.b.1: All detention and erosion control measures shall remain in place for the life of the project. Any subsequent earthwork and/or redesign of the BMX course shall be compatible with the originally approved grading plan for the site.Any additional grading in excess of 50 cu yds shall required additional permits through the City. Mitigation Measure 6.b.2:Construction activities are subject to review for compliance with City drainage and grading regulations. Drainage will not be permitted to create or intensity any hazards for persons or property in the vicinity. 7. HAZARDS AND HAZARDOUS MATERIALS--Would the project: a)Create a significant hazard to the public or the environment through the routine transport, use,or disposal of hazardous materials? b)Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? 10/03/07 Page 5 ZCH 05-0108 ISMND 110 _ — - r`"'• CITY OF ATASCADERO INITIAL STUDY 'fir initial Study 2007-0015 Potentially Less Than Less Than No Significant Significant with Significant Impact 6575 Sycamore Road Impact Mitigation Impact Incorporation 17 c)Emit hazardous emissions or handle hazardous or acutely 0 E hazardous materials, substances,or waste within one-quarter mile of an existing or proposed school? 17 d)Be located on a site which is included on a list of hazardous El El materials sites compiled pursuant to Government Code Section 65962.5 and, as a result,would it create a significant hazard to the public or the environment? e)For a project located within an airport land use plan area or, El F El where such a plan has not been adopted,within two miles of a public airport or public use airport,would the project result in a safety hazard for people living or working in the project area? f)For a project within the vicinity of a private airstrip,would the F El project result in a safety hazard for people living or working in the project area? 17 g)Impair implementation of or physically interfere with an adopted El 0 emergency response plan or emergency evacuation plan? h)Expose people or structures to a significant risk of loss, injury or 17 death involving wildland fires,including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? `'1111rrK SOURCES: Project description;General Plan Land Use Element. DISCUSSION 7a.b.c.)The project is not anticipated to generate or involve use of significant amounts of hazardous materials. There are no known hazardous materials on the site or nearby. 7.d.) The property is not a listed hazardous material site. 7e.f.)The property is not near an airport. 8. HYDROLOGY AND WATER QUALITY--Would the project: a)Violate any water quality standards or waste discharge ❑ ® El ❑ requirements? b)Substantially deplete groundwater supplies or interfere substantially with groundwater recharge such that there would be a net deficit in aquifer volume or a lowering of the local groundwater table level (e.g.,the production rate of previously-existing nearby wells would drop to a level that would not support existing land uses or planned uses for which permits have been granted)? c)Substantially alter the existing drainage pattern of the site or area,including through the alteration of the course of a stream or river,in a manner,which would result in substantial erosion or siltation on-or off-site? d)Substantially alter the existing drainage pattern of the site or El 0 ® 0 area,including through the alteration of the course of a stream or river,or substantially increase the rate or amount of surface runoff W in a manner that would result in flooding on-or off-site? Page 6 ZCH 05-01081SMND 10/03/07 I1� CITY OF ATASCADERO INITIAL STUDY Potentially Less Than Less Than No Initial Study 2007-0015 Significant Significant with Significant Impact 6575 Sycamore Road Impact Mitigation Impact Incorporation e)Create or contribute runoff water which would exceed the 17 capacity of existing or planned storm water drainage systems or VN provide substantial additional sources of polluted runoff? f) Otherwise substantially degrade water quality? g) Place housing within a 100-year flood hazard area as mapped on El 1:1 E17 a federal Flood Hazard Boundary or Flood Insurance Rate Map or other flood hazard delineation map? h) Place within a 100-year flood hazard area structures that would impede or redirect flood flows? I) Expose people or structures to a significant risk of loss, injury or ® El ❑ death involving flooding,including flooding as a result of the failure of a levee or dam? J) Inundation by seiche,tsunami,or mudflow? 17 SOURCES: Project description;Grading and Drainage Plan, FIRMA Panel 0607000002B DISCUSSION: 8a.)The construction will not violate water quality standards. 8b.)The project will not deplete ground water supplies. Water will be provided by Atascadero Mutual Water Company. 8.c.d.e.f.)Construction activities are subject to review for compliance with City drainage and grading regulations. Drainage will not be permitted to create or intensify any hazards for persons or property in the vicinity. 8.g) No housing is proposed as part of the project. 8.h.i.) The proposed BMX facility and associated improvements are located in the Salinas River Floodway as identified in the Flood Boundary and Floodway Map produced by Federal Emergency Management Agency(FEMA) effective date January 20, 1982.The project site contains fill material,debris and the remains of portions of a levee. The levee was constructed adjacent to the project site to prevent future flooding and damage of Sycamore Rd and the railroad tracks.The levee was damaged in major flood event and never repaired.The proposed facility will be located in the area of previous fill dirt.All structures will be portable and activities will be limited during the rainy season from October 15th to April 15". 8.j.) The project area is not subject to inundation by a tsunami. Mitigation Measure 8.h.i.1:All structures will be portable. Structures will be removed from the site no later than December 15 and may not be re-established at the site until March 15th. In the case of a storm or flood event during the BMX season,or at any other time as instructed by the City Engineer,all structures shall be removed and shall not be returned until permitted by the City Engineer. Mitigation Measure 8.h.i.2:No net fill material shall be permitted at the project site.Any imported fill must be accompanied by equivalent export of existing material from the site.Any export material shall be approved by the City Engineer and a traffic plan with designated export routes and receiver sites shall be submitted to the Community Development Department and the City Engineer for review and approval. 9. LAND USE AND PLANNING-Would the project: a)Physically divide an established community? 17El El V\J b)Conflict with any applicable land use plan,policy,or regulation of 17 an agency with jurisdiction over the project(including, but not limited El L2J to the general plan, specific plan,local coastal program,or zoning ordinance)adopted for the purpose of avoiding or mitigating an 10/03/07 Page 7 ZCH 0S0108 ISMND 112 - ' c' ? CITYOFATASCADERO INITIAL STUDY ' Initial Stud 2007-0015 Potentially Less Than Less Than No Study Significant Significant with Significant Impact 6575 Sycamore Road impact Mitigation Impact y Incorporation environmental effect? c)Conflict with any applicable habitat conservation plan or natural El El Elcommunity conservation plan? SOURCES: Land Use Element; Circulation Element; project description; Land Use Element EIR. DISCUSSION: 9.a.) The project will not physically divide an established community. 9.b.)The proposed project includes an application for a Zone Text Amendment to establish a site specific Planned Development Overlay Zone that would allow the proposed BMX track use on the subject property. The City's General Plan supports expanded recreational facilities throughout the City.The PD Overlay Zone language will include restrictions and requirements to ensure neighborhood compatibility. 9.c.)The project is consistent with the open space and conservation policies identified in the General Plan. 10. MINERAL RESOURCES--Would the project: 17 a) Result in the loss of availability of a known mineral resource that ❑ ❑ ❑ would be of value to the region and the residents of the state? 17 b) Result in the loss of availability of a locally important mineral ❑ ❑ resource recovery site delineated on a local general plan,specific plan or other land use plan? fur SOURCES: Project description. DISCUSSION: 10.a.b.) No mining is proposed as a part of this project. No known mineral resources have been identified in the area. 11. NOISE- Would the project result in: a) Exposure of persons to or generation of noise levels in excess of ❑ ❑ standards established in the local general plan or noise ordinance, or applicable standards of other agencies? b)Exposure of persons to or generation of excessive ground-borne vibration or ground-borne noise levels? c)A substantial permanent increase in ambient noise levels in the 17❑ project vicinity above levels existing without the project? d)A substantial temporary or periodic increase in ambient noise 17 LL levels in the project vicinity above levels existing without the project? e) For a project located within an airport land use plan or,where -1 El ❑ rL such a plan has not been adopted,within two miles of a public airport or public use airport,would the project expose people residing or working in the project area to excessive noise levels? f) For a project within the vicinity of a private airstrip,would the ❑ ❑ El project expose people living or working in the project area to excessive noise levels? 10/03/07 Page 8 ZCH05-0106ISMND 113 - I CITY OF ATASCADERO INITIAL STUDY Initial Study 2007-0015 Potentially Less Than Less Than No Significant Significant with Significant Impact 6575 Sycamore Road Impact Mitigation Impact Incorporation SOURCES: Project description; Noise Element; Noise Ordinance;Acoustical Design Manual. DISCUSSION: 11 a.b.c.d.)Construction is expected to involve some heavy machinery and use of impact tools that make noise. Noise levels on the site are thus expected to be raised temporarily. The future use will be for non-motorized BMX bikes only. Periodic elevations in noise may occur during larger events.These events are expected to be temporary and will not significantly increase ambient noise levels or generate excessive noise levels.The BMX facility will utilize low level amplified announcement. 11.e.f.) The project is not located within an airport land use plan or private airstrip. Mitiqation Measure 11.d.1: All construction and subsequent use activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. Mitigation Measure 11.d.2: Amplified sound will be limited to low-level building mounted equipment on the announcer's tower.Amplified sound will only be used for events and not for routine practices.Signage shall be posted by the applicant at the front gate alerting users of the rules for amplified sound and a contact number for the applicant's designee will be listed so that any use of amplified sound outside the allowed times can be reported. 12. POPULATION AND HOUSING --Would the project: a) Induce substantial population growth in an area,either directly El (for example,by proposing new homes and businesses)or indirectly (for example,through extension of roads or other infrastructure)? b)Displace substantial numbers of existing housing,necessitating 11 the construction of replacement housing elsewhere? c)Displace substantial numbers of people, necessitating the construction of replacement housing elsewhere? SOURCES: Project description; General Plan Land Use Element. DISCUSSION: 12.a.) This is an Industrial Zone with no existing or proposed housing. 12.b.c.)No housing or persons will be displaced. 13. PUBLIC SERVICES a)Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities,the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services: Fire protection? F� F] El Police protection? Schools? El 10/03/07 Page 9 ZCH 05-0108 ISMND - 114 CITY OF ATASCADERO INITIAL STUDY Initial Stud 2UU7-UU15 Potentially Less Than Less Than No Study Significant Significant with Significant Impact 6575 Sycamore Road Impact Mitigation Impact Incorporation 17 Parks? El 0 17 Other public facilities? SOURCES: Project description; Land Use Element EIR. DISCUSSION: Development impact Fees Parks and other public facilities:The project is not expected to have significant impacts on any public facilities or contribute to a demand on parks or city services, including but not limited to Fire and Police service. 14.RECREATION17 -- a)Would the project increase the use of existing neighborhood and 0 EJ El regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b)Does the project include recreational facilities or require the 0 EJ construction or expansion of recreational facilities that might have an adverse physical effect on the environment? SOURCES: Project description;Parks and Recreation Element. DISCUSSION: 14.a.) The proposed facility will not increase the use on existing facilities. 14.b.) The project proposes the construction of recreational facilities for private use. 15.TRANSPORTATION/TRAFFIC--Would the project: a)Cause an increase in traffic that is substantial in relation to the existing traffic load and capacity of the street system(i.e., result in a substantial increase in either the number of vehicle trips,the volume to capacity ratio on roads, or congestion at intersections)? b)Exceed, either individually or-cumulatively,a level of service standard established by the county congestion management agency VIIJ for designated roads or highways? c)Result in a change in air traffic patterns,including either an rFli increase in traffic levels or a change in location that results in substantial safety risks? d)Substantially increase hazards due to a design feature(e.g., 17 sharp curves or dangerous intersections)or incompatible uses(e.g., EJ El farm equipment)? 17 e)Result in inadequate emergency access? El 0 f)Result in inadequate parking capacity? 0 El El g)Conflict with adopted policies, plans,or programs supporting 17 alternative transportation (e.g., bus turnouts,bicycle racks)? *4111rrr 10/03107Page 10 ZCH 05-0108 ISMND _ - 115 CITY OF ATASCADERO INITIAL STUDY Initial Stud 2007-0015 Potentially Less Than Less Than No y Significant Significant with Significant Impact 6575 Sycamore Road Impact Mitigation Impact Incorporation SOURCES: Land Use Element; Circulation Element; Project Description. DISCUSSION: 15a.b.)The Circulation Element(CE)anticipates an increase in development in this area. The CE incorporates mitigation for effects from increased traffic. 15.c.) No changes will occur to the air traffic patterns. 15.d.) The project's access has adequate site distance onto Sycamore Avenue. 15.e.) The site is accessible from Sycamore Ave. 15.f.) The proposed project includes a main parking area and overflow parking area for larger events. Parking will be limited to these areas. No parking will be allowed along Sycamore Road. 16. UTILITIES AND SERVICE SYSTEMS --Would the project: a)Exceed wastewater treatment requirements of the applicable 17 Regional Water Quality Control Board? b)Require or result in the construction of new water or wastewater 17 treatment facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? c)Require or result in the construction of new storm water drainage 0 ❑ EJ facilities or expansion of existing facilities,the construction of which could cause significant environmental effects? d)Have sufficient water supplies available to serve the project from existing entitlements and resources,or are new or expanded El z entitlements needed? e)Result in a determination by the wastewater treatment provider that serves or may serve the project that it has adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? I) Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? El [7.711 g)Comply with federal,state,and local statutes and regulations related to solid waste? SOURCES: Project description; Land Use Element EIR, Site/Grading Plan, DISCUSSION: Water: The Atascadero Mutual Water Company(AMWC)will provide water. All property within the city limits is entitled to water from the AMWC. The project is not expected to require significant quantities of water for the proposed uses.The only water will be for watering of the BMX track, landscape irrigation, and other minor uses. Sewer: The project will provide its own temporary portable waste facilities. 17. MANDATORY FINDINGS OF SIGNIFICANCE -- a) Does the project have the potential to degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self- sustaining levels,threaten to eliminate a plant or animal community, 10/03/07 Page 11 ZCH 05-0108 ISMND 116 - _ CITY OFATASCADERO INITIAL STUDY Initial Stud 20070015 Potentially Less Than Less Than No Study - Significant Significant with Significant Impact 6575 Sycamore Road Impact Mitigation Impact Incorporation reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? b)Does the project have impacts that are individually limited,but cumulatively considerable? ("Cumulatively Considerable"means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects,the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects that will cause El F El substantial adverse effects on human beings,either directly or indirectly? DISCUSSION:The proposed project includes a proposal for a non-motorized BMX track adjacent to the Salinas River on property owned by the Atascadero Mutual Water Company.The proposed project has been analyzed as required by CEQA. Project-related impacts have been identified and mitigation measures have been included within the proposal to reduce the effect of the proposed project as described herein. SOURCES: General Plan Land Use Element,City of Atascadero,2002 Zoning Ordinance,part of Municipal Code,City of Atascadero,as amended through 1999. Land Use Element Environmental Impact Report(EIR),Crawford,Multari,&Clark,adopted 2002 CEQA Handbook,Air Quality Control District,August 1995 General Plan Safety Element,City of Atascadero,2002 General Pian Circulation Element,2002 General Plan Noise Element,adopted 2002 Acoustical Design Manual,Brown-Buntin Associates, 1991 Noise Ordinance,City of Atascadero,1992 Guide for Developers,Atascadero Fire Department,and 1998 draft Flood Insurance Rate Map,community-panel number 060700 0002 B Federal Emergency Management Agency,January 20,1982 Trip Generation,institute of Traffic Engineers PROJECT SOURCES: Biological Memo,Gary Ruggerone,Caltrans Environmental Planning,November 2005 Cultural Resources Review—Kelda Wilson,Department of Transportation Archaeologist,November 2005 Project Description Planning Site Visit Page 12 zcH 05-0108ISMND 10/03/07 - 117 ATTACHMENT 3: Draft Resolution A Approval of Draft Mitigated Negative Declaration DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2007-0015 PREPARED FOR ZCH 2005-01089 ZCH 2007-0143, AND CUP 2005-0168 ON APN 028-111-001, 003 (6575 Sycamore Rd. /ABMX) WHEREAS, an application has been received from Atascadero BMX Association —Tom Jordan, 8255 Graves Creek Rd, Atascadero, CA 93422, (Applicant) and Atascadero Mutual Water Company, 5005 El Camino Real, Atascadero, Ca 93422, (Property Owner), to consider a project consisting of a Zone Text Amendment to establish a custom PD Overlay Zone (PD-31) and a Zone Map Change to apply PD-31 to the subject site with corresponding Master Plan of Development located at 6575 Sycamore Rd, (APN 028-111-001, 003); and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2007-0015 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission of the City of Atascadero held a public hearing on October 16, 2007 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, WHEREAS, the Planning Commission has determined that the project will have no significant impacts with project specific mitigation measures incorporated; and, WHEREAS, the City Council of the City of Atascadero held a public hearing on November 27, 2007, following the close of the review period, to consider the Initial Study and Proposed Mitigated Negative Declaration; and, NOW THEREFORE, the City Counicl of the City of Atascadero, hereby resolves to certify Proposed Mitigated Negative Declaration 2007-0015 based on the following Findings, and as shown in Exhibit A: 1. The Proposed Mitigated Negative Declaration has been completed in compliance with CEQA; and, 2. The Proposed Mitigated Negative Declaration was presented to the Planning Commission, and the information contained therein was considered by the Planning Commission, prior to recommending action on the project for which it was prepared; and, 118 NOW 3. The project does not have the potential to degrade the environment when mitigation measures are incorporated into the project; and, 4. The project will not achieve short-term to the disadvantage of long-term environmental goals; and, 5. The project does not have impacts which are individually limited, but cumulatively considerable; and, 6. The project will not cause substantial adverse effects on human beings either directly or indirectly; and, 7. Mitigation Measure 8.h.i.1 has been modified to allow reestablishment of the portable structures starting March 1". This mitigation measure is equivalent to the previously proposed mitigation measure and no additional impacts are created. On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: I&AW NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Dr. George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian Pierik, City Attorney _ 119 Exhibit A: Proposed Mitigated Negative Declaration 2007-0015 See following 120 _ •J " CITY OFATASCADERO 8 X79 PROPOSED MITIGATED NEGATIVE DECLARATION #2007-0015 Community Development Department 6907 El Camino Real,Atascadero,CA 93422 (8 05)461 5000 Applicant: Atascadero BMX Tom Jordan,8255 Graves Creek Rd,Atascadero,CA 93422 Owner: Atascadero Mutual Water Company 5005 El Camino Real,Atascadero,CA 93422 Project Title: ZCH 2005-0108/CUP 2005-0168 Project 6575 Sycamore Road,Atascadero,CA 93422 Location: (San Luis Obispo County) Lot 10,4-RM-80A(APN 028-111-003)and Lot 11 4-RM-81 A (APN 028-121-001) Project The project consists of an application for a Zone Text Amendment,a Zone Map Change,and a Description: Conditional Use Permit to establish a PD Overlay Zone that would allow a Bicycle Motor Cross facility on an existing lot owned by the Atascadero Mutual Water Company adjacent to the Salinas River. The Planned Development Overlay Zone Change would be site specific and include a Master plan of Development(CUP)that would include the construction of a BMX dirt track,a registration and concession building,portable restroom facilities,and a utility building and unimproved parking area.Overflow parking is proposed within the Caltrans right-of-way under the existing Highway 41 bridge across the Salinas River.No outdoor lighting is proposed as part of this project. fir+ The project is located within the FEMA designated floodway.No riparian vegetation has been identified.All structures within the project area will be portable and moved based on an adopted schedule. General Plan Designation: Industrial(1) Zoning District: Industrial Park(IP Findings: 1. The project does not have the potential to degrade the environment. 2. The project will not achieve short-term to the disadvantage of long-term environmental goals. 3. The project does not have impacts that are individually limited,but cumulatively considerable. 4. The project will not cause substantial adverse effects on human beings either directly or indirectly. Determination: Based on the above findings,and the information contained in the initial study 2005-0065(made a part hereof by reference and on file in the Community Development Department),it has been determined that the above project will not have an adverse impact on the environment when the following proposed mitigation measures are incorporated into the project(see attachment). Prepared By: Kelly Gleason,Associate Planner Date Posted: Public Review Ends: Attachments: - Location Map and Zoning - Grading Plan/Landscape - Initial Study 2007-0015 PFW Date:10/07/0711.21 AM File:ZCH 05-0106 ISMND 6907 EL CAMINO REAL•ATASCADERO,CALIFORNIA 93422•(805)461-5000•FAX 461-7612 121 - ATTACHMENT 4: Draft Ordinance A Approval of Proposed Zoning Text Change to establish a PD-30 Overlay Zone DRAFT ORDINANCE A AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING THE ATASCADERO MUNICIPAL CODE BY APPROVING ZONE CHANGE 2005-0108 TO ESTABLISH A PLANNED DEVELOPMENT OVERLAY #31 (6575 Sycamore Rd. / ABMX) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from Atascadero BMX Association—Tom Jordan, 8255 Graves Creek Rd, Atascadero, CA 93422, (Applicant) and Atascadero Mutual Water Company 5005 El Camino Real, Atascadero, CA 93422, (Property Owner) to consider a project consisting of a Zone Text Amendment to establish a custom PD Overlay Zone (PD-31) and a Zone Map Change to apply PD-31 to the subject site with corresponding Master Plan of Development located at 6575 Sycamore Rd, (APN 028-111-001, 003); and, WHEREAS, Article 28 of the Atascadero Municipal Code allows for the creation of Planned Development Overlay Zones to promote orderly and harmonious development and to enhance the opportunity to best utilize special site characteristics; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0015 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Zoning Code Text to protect the health, safety, and welfare of its citizens by applying orderly development and expanding housing opportunities within the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA) have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Text Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning Text Amendments; and, WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing held on October 16, 2007 studied and considered Zone Change 2005-0108, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, 122 - WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on ,. November 27, 2007 studied and considered Zone Change 2005-0108, after first studying and considering the Draft Mitigated Negative Declaration prepared for the project, and, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings for Approval of a Zone Text Change Creating a_PD-31 Planned Development Overlay District. The City Council finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the Overlay Zone cannot be reasonably achieved through existing development standards or processing requirements. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on November 27, 2007 resolved to introduce for first reading by title only, an Ordinance that would amend the City Zoning Code Text with the following: 9-3.676 Establishment of Planned Development Overlay Zone #31 This Planned Development Overlay Zone on APN 028-111-001, 003 in the Industrial Park Zone for the establishment of a Bicycle Motor Cross track and associated improvements. Uses on other areas of the site, if listed as an allowed or conditionally allowed use, shall only be subject to the standards and requirements of the Atascadero Municipal Code. The following development standards are applicable to the establishment of a BMX facility and shall be met by the entitled project within the PD-31 Overlay Zone: a) All site development shall require the approval of a Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned. b) Any subsequent amendments for the site shall be consistent with an approved Master Plan of Development. All construction and development shall conform to the approved Master Plan of Development, as conditioned. c) The facility and all improvements including drainage basins, erosion control measures, landscaping, signage, structures, and waste water facilities shall be maintained by the Atascadero BMX Association or their designee(s). If the use is discontinued, all improvements will be removed to the satisfaction of the City Engineer and the Community Development Director. d) The Atascadero BMX Association will ensure that all structures and improvements conform to the Floodway standards set forth in the Atascadero Municipal Code Title 9, Chapter 11 and as regulated by the Federal Emergency Management Agency. _ 123 e) Parking shall be limited to designated areas of the site. Overflow parking shall only be used for larger events. No parking will be permitted on Sycamore Avenue or any other undeveloped portion of the surrounding Atascadero Mutual Water Company property. f) The landscape buffer between the historic Anza Trail and the BMX facility shall be maintained by the Atascadero BMX Association or their designee(s). All buffer landscaping shall be maintained in a way which screens the BMX facility from the historic trail. SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's office on and after the date following introduction and passage and shall be available to any interested member of the public. INTRODUCED at a regular meeting of the City Council held on , and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF ATASCADERO By: Dr. George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian Pierik, City Attorney Iwo 124 ATTACHMENT 5: Draft Ordinance B Approval of Proposed Zoning Map Change DRAFT ORDINANCE B AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADER09 CALIFORNIA, APPROVING ZONE CHANGE 2007-01439 AMENDING THE OFFICIAL ZONING MAP DESIGNATION OF APN 028-111-0019 003 FROM IP (INDUSTRIAL PARK) TO IP /PD-31 (INDUSTRIAL PARK/PLANNED DEVELOPMENT OVERLAY #31) (6575 Sycamore Rd. /ABMX) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from Atascadero BMX Association—Tom Jordan, 8255 Graves Creek Rd., Atascadero, CA 93422, (Applicant), and Atascadero Mutual Water Company, 5005 El Camino Real, Atascadero, CA 93422, (Property Owner) to consider a project consisting of a Zone Text Amendment to establish a custom PD Overlay Zone (PD-31) and a Zone Map Change to apply PD-31 to the subject site with corresponding Master Plan of Development located at 6575 Sycamore Rd, (APN 028-111-001, 003); and, WHEREAS, the site's General Plan Designation is I (Industrial); and, WHEREAS, the site's current zoning district is IP (Industrial Park); and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0015 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the Planning Commission has determined that it is in the best interest of the City to enact this amendment to the Official Zoning Map to protect the health, safety, and welfare of its citizens by applying orderly development of the City; and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act(CEQA)have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Zone Change application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Zoning amendments; and, 125 WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on October 16, 2007 studied and considered Zone Change 2007-0143, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing held on November 27, 2007 studied and considered Zone Change 2007-0143, after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. Findings for Approval of a Zone Change to the Official Zoning Map of Atascadero Changing the existing site zoning to IP/ PD-31. The City Council finds as follows: 1. Modification of development standards or processing requirements is warranted to promote orderly and harmonious development. 2. Modification of development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area. 3. Benefits derived from the Overlay Zone cannot be reasonably achieved through existing development standards or processing requirements. 4. The proposed project offers certain redeeming features to compensate for the requested zone change. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on November 27, 2007, resolved to introduce for first reading by title only, an Ordinance that would rezone the subject site consistent with the following: Exhibit A: Location Map/Zone Map Amendment Diagram SECTION 3. A summary of this ordinance, approved by the City Attorney, together with the ayes and noes, shall be published twice: at least five days prior to its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final passage in the Atascadero News, a newspaper published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's office on and after the date following introduction and passage and shall be available to any interested member of the public. 126 - INTRODUCED at a regular meeting of the City Council held on , and PASSED ww, and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote: AYES: NOES: ABSTAIN: ABSENT: CITY OF ATASCADERO By: Dr. George Luna, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian Pierik, City Attorney 127 Exhibit A: Location Map/Zone Map Amendment Diagram Project site �>x "a► _.. � , J ExistingDesiC nation: - Industrial - Industrial Park Proposed Designation: - Industrial - Industrial Park/PD-31 v 128 ATTACHMENT 3: Draft Resolution B Recommendation for approval of the Atascadero BMX Facility at Sycamore Rd. *taw DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, APPROVING CONDITIONAL USE PERMIT 2005-0168, A MASTER PLAN OF DEVELOPMENT FOR A BMX FACILITY ON APN 028-111-0019 003 (6575 Sycamore Rd. / ABMX) WHEREAS, an application has been received from Atascadero BMX Association —Tom Jordan, 8255 Graves Creek Rd., Atascadero, CA 93422, (Applicant) and Atascadero Mutual Water Company, 5005 El Camino Real, Atascadero, CA 93422, (Property Owner) to consider a project consisting of a Zone Text Amendment to establish a custom PD Overlay Zone (PD-30) and a Zone Map Change to apply PD-31 to the subject site with corresponding Master Plan of Development located at 6575 Sycamore Rd. (APN 028-111-001, 003); and, WHEREAS, the Planning Commission has recommended that the site's Zoning District be changed from IP (Industrial Park) to IP/PD-31 (Industrial Park / Planned Development Overlay-30); and, *OW WHEREAS, the Planned Development #31 Overlay Zone requires the adoption of a Master Plan of Development, approved in the form of a Conditional Use Permit; and, WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2007-0015 were prepared for the project and made available for public review in accordance with the requirements of the California Environmental Quality Act (CEQA); and, WHEREAS, the laws and regulations relating to the preparation and public notice of environmental documents, as set forth in the State and local guidelines for implementation of the California Environmental Quality Act (CEQA)have been adhered to; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Conditional Use Permit application was held by the Planning Commission of the City of Atascadero at which hearing evidence, oral and documentary, was admitted on behalf of said Master Plan of Development; and, WHEREAS, the Planning Commission of the City of Atascadero, at a duly noticed Public Hearing held on October 16, 2007 studied and considered the Conditional Use Permit 2005-0168 (Master Plan of Development), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing *ftw held on November 27, 2007 studied and considered the Conditional Use Permit 2005-0168 129 (Master Plan of Development), after first studying and considering the Proposed Mitigated Negative Declaration prepared for the project, and, NOW, THEREFORE, the City Council of the City of Atascadero takes the following actions: SECTION 1. Findings for Approval of Conditional Use Permit. The Planning Commission finds as follows: 1. The proposed project or use is consistent with the General Plan and the City's Appearance Review Manual; and, 2. The proposed project or use satisfies all applicable provisions of the Title (Zoning Ordinance) including provisions of the PD-31 Overlay Zone; and, 3. The establishment, and subsequent operation or conduct of the use will not, because of the circumstances and conditions applied in the particular case, be detrimental to the health, safety, or welfare of the general public or persons residing or working in the neighborhood of the use, or be detrimental or injurious to property or improvements in the vicinity of the use; and, 4. The proposed project or use will not be inconsistent with the character or the immediate neighborhood or contrary to its orderly development; and, 5. The proposed use or project will not generate a volume of traffic beyond the safe capacity of all roads providing access to the project, either existing or to be improved in conjunction with the project, or beyond the normal traffic volume of the surrounding neighborhood that would result from full development in accordance with the Land Use Element. 6. The Master Plan of Development standards or processing requirements will enhance the opportunity to best utilize special characteristics of an area and will have a beneficial effect on the area; and 7. Benefits derived from the Master Plan of Development and PD Overlay Zone cannot be reasonably achieved through existing development standards or processing requirements; and, SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on November 27, 2007 resolved to approve Conditional Use Permit 2005- 0168 (Master Plan of Development) and Tree Removal Permit subject to the following: EXHIBIT A: Conditions of Approval/Mitigation Monitoring Program EXHIBIT B: Master Plan of Development/Site Plan EXHIBIT C: Grading Plan EXHIBIT D: Erosion Control Plan EXHIBIT E: Landscape Plan 1400, 130 On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety on the following 'ti�rr roll call vote: AYES: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Dr. George Luna,Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk *44W APPROVED AS TO FORM: Brian Pierik, City Attorney *WW 131 EXHIBIT A:Conditions of Approval/Mitigation Monitoring Program Planned Development-30 I Atascadero BMX 6575 Sycamore Rd Conditions of Approval I Timing Responsibility/ Mitigation Mitigation Monitoring Program Monitoring Measure FM.Fnel Map PS:Planning Services BL:Bushress BS:Building Services 6575 Sycamore Rd. License FD:Fire Department GP:Grading PD:Police Department Permil CE:City Engineer BP:Building WW:Wastewater Planned Development Over/ay#31' Permo CA CO komey FI:Final Inspeclbn TO:Temporary Occupancy F0:Final Occupancy Planning Services 1. The approval of this use permit shall become final and effective for the FM PS purposes of issuing building permits thirty(30)days following the City Council approval of the Zone Text Amendment and Zone Map Change applications upon second reading,unless prior to that time,an appeal to the decision is filed as set forth in Section 9-1.111(b)of the Zoning Ordinance. 2. The Community Development Department shall have the authority to approve BP/FM PS,CE the following minor changes to the project that(1)modify the site plan project by less than 10%,(2)result in a superior site design or appearance,and/or(3) address a construction design issue that is not substantive to the Master Plan of Development. 3. Approval of this Conditional Use Permit shall be valid for twenty four(24) BP/FM PS months after its effective date. At the end of the period,the approval shall expire and become null and void unless the project has received a building permit. 4. The applicant shall defend, indemnify,and hold harmless the City of Ongoing PS Atascadero or its agents,officers,and employees against any claim or action brought to challenge an approval by the city,or any of its entities,concerning the project. 5. All subsequent Tentative Map and construction permits shall be consistent with BP/FM PS,CE the Master Plan of Development contained herein. 6. All site development and future use shall comply with the standards of the BP PS,BS Planned Development-31 Overlay District. 7. All site work,grading,and site improvements shall be consistent with the BP/FM PS,BS,CE Master Plan of Development as shown in EXHIBIT B. 8. All landscaping shall be drought tolerant and shall be designed to screen the GP/BP PS proposed use from adjacent residences and the historic Anza trail. Buffering of the historic Anza trail shall consist of a minimum 6-feet of landscaping and shall be maintained by the Atascadero BMX Association and/or those responsible for the proposed BMX track as specified by the licensing agreement with the City. rrrrll� 132 Conditions of Approval/ Timing Responsibility/ Mitigation Monitoring Measure Mitigation Monitoring Program FM Fmd ft PS:Planning Services BL:Business BS:Building Services 6575 Sycamore Rd. GP:Gr FD:Poli Depadment y GP:Grading PD:Police Department PenrO CE:City Engineer BP:Building WW:Wastevrater Planned Development Overlay#31 Permit ca City atomey FI:Final Inspection TO:Temporary Occupancy F0:Final Occupancy 9. No exterior lighting shall be permitted as part of this project BP PS 10. The developer and/or subsequent owner(s)shall assume responsibility for the FM/ PS continued maintenance of all landscape and common areas. Ongoing 11. Fencing around the project boundaries shall be brown or green vinyl clad chain FWBP PS,CA link fencing. 12. Parking shall be limited to the areas shown on the grading/site plan.No Ongoing PS parking will be permitted along Sycamore Rd.or on any other property or any other portion of the Atascadero Mutual Water company property. 13. If the use is ever discontinued for more that 9 months,the site shall be restored Ongoing PS to its natural state at the cost of the applicant.A restoration plan shall be submitted to the City for review and approval. 14. The BMX track shall be used by non-motorized bikes only. Ongoing PS 15. The facility shall be limited to one speaker for the announcer tower.Any Ongoing PS additional amplified sound devices shall be prohibited. 16. Should any soil amendments or additives be used on the track for controlling Ongoing PS dust or any other effect,the material shall be reviewed and analyzed for environmental impacts and shall be approved by the Community Development Department prior to application. City Engineer Project Conditions 17. A sight distance analysis shall be completed prior to the issuance of building GP,BP CE permits. Sight distance from the site access driveway shall comply with City standards and obstructions shall be moved or modified as necessary. 18. The project engineer shall provide a report analyzing impacts of dirt movement GP,BP CE and structures within the floodway and will show that the proposed improvements will not impact the floodway. 19. All structures shall be designed to be movable. All structures shall be removed GP,BP CE from the floodway between December 1 st and March 1 at.The applicant shall be prepared to move all structures between October 15th and April 15th if deemed necessary by the City Engineer. 20. An encroachment permit from Caltrans shall be required prior to issuance of GP,BP CE any building permits showing overflow parking under the existing Highway 41 bridge. Should a Caltrans encroachment permit not be obtained, the BMX 133 Conditions of Approval/ Timing Responsibility/ Mitigation Mitigation Monitoring Program Monitoring Measure FM:FM Map PS:Planning Services BL Business BS:Building Services 6575 Sycamore Rd, License FD:Fre Depadment GP:Grading PD:Mice Department Permit CE:City Engineer Planned Development Overlay#31 Permit'amg ca City Wastewater FI:Final Inspection TO:Temporary Occupancy FO:Final Occupancy facility will be limited to only the main parking area shown on the plans. Mitigation Measures Mitigation Measure 1.c.1: Landscape buffering shall be provided between the BP PS i.c.1 BMX facility and the Anza trail. Landscaping shall include evergreen native shrubs such as Ceanothus, Manzanita and Flannel Bushes.Advertisements and signage will be placed so that no signs are visible from Sycamore Rd or the historic Anza trail. Mitigation Measure 1.d.1: Lighting will be limited to low-level safety lighting. No BP/ PS 1.d.1 track or event lighting will be permitted. Ongoing Mitigation Measure 3.b.1: Dust Control Measures-The project as described in BP PS/CE/BS 3.b.1 the referral will not likely exceed the APCD's CEQA significance threshold for degradation of air quality. However,construction and proposed activities can generate fugitive dust,which could be a nuisance to local residents and businesses in close proximity to the proposed site. Dust complaints could result in a violation of the District's 402 "Nuisance" Rule. APCD staff recommend the following measures be incorporated into the project to control dust during construction and throughout the life of the proposed use: ❑ Reduce the amount of the disturbed area where possible; ❑ Use water trucks or sprinkler systems in sufficient quantities to prevent airborne dust from leaving the site. Increased watering frequency would be required whenever wind speeds exceed 15 mph. Reclaimed(non-potable)water should be used whenever possible; ❑ All dirt stock-pile areas should be sprayed daily as needed; and ❑ All roadways,driveways, sidewalks, etc.to be paved should be completed as soon as possible, and building pads should be laid as soon as possible after grading unless seeding or soil binders are used. Mitigation Measure 3.b.2:The track will be watered and maintained to control dust BP PS/CE 3.b.2 off of both the track and associated improvements such as the parking areas. 134 Conditions of Approval 1 Timing Responsibility/ Mitigation Monitoring Measure 4, Mitigation Monitoring Program FM FrW Map PS:Planning Services BL Busness BS:Building Services . License FD:Fire Dept 6575 Sycamore Rd GP:Grading PD:Police Department PernN CE:City Engineer BP:Building WW:Wastewater Planned Development Overlay#31' FI:Permil ca cit Attorney Final Inspection TO:Temporary Occupancy F0:Final Occupancy Mitigation Measure 4.e.1: Grading and excavation work shall be consistent with BP PS the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: 1. All existing trees outside of the limits of work shall remain. 2. Earthwork shall not exceed the limits of the project area. 3. Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 4. Vehicles and stockpiled material shall be stored outside the drip line of all trees. Mitigation Measure 4.c.1: The riparian shall be fenced off during initial BP PS 4.c.1 construction. The permanent fencing to be installed shall denote the limits of future activity and use. Mitigation Measure 5.a.1:The historic Anza trail will be relocated outside the BP PS 5.a.1 project boundary and shall be constructed in a manner which is consistent with current use of the trail. Mitigation 5.d.1: Should any human remains be discovered on the property, all BP PS 5.d.1 fir► work on the project should stop and the County Coroner contacted. If the human remains are identified as being Native American,the California Native American Heritage Commission (NAHC) should be contacted at(916)653-4082. Mitigation Measure 6.b.1: All detention and erosion control measures shall BPI CE s.b.1 remain in place for the life of the project.Any subsequent earthwork and/or Ongoing redesign of the BMX course shall be compatible with the originally approved grading plan for the site.Any additional grading in excess of 50 cu yds shall require additional permits through the City. Mitigation Measure 6.b.2: Construction activities are subject to review for BP CE s.b.2 compliance with City drainage and grading regulations. Drainage will not be permitted to create or intensify any hazards for persons or property in the vicinity. Mitigation Measure 8.h.i.1:All structures will be portable. Structures will be Ongoing CE B.h.i.1 removed from the site no later than December 151 and may not be re-established at the site until March 4-el st. In the case of a storm or flood event during the BMX season,or at any other time as instructed by the City Engineer, all structures shall be removed and shall not be returned until permitted by the City Engineer. Mitigation Measure 8.h.i.2: No net fill material shall be permitted at the project site. BP/ CE S.h.i.2 Any imported fill must be accompanied by equivalent export of existing material Ongoing from the site.Any export material shall be approved by the City Engineer and a traffic plan with designated export routes and receiver sites shall be submitted to the Community Development Department and the City Engineer for review and approval. q Mitigation Measure 11.d.1: All construction and subsequent use activities shall Ongoing PS 11.d.1 comply with the City of Atascadero Noise Ordinance for hours of operation. 135 Conditions of Approval/ Timing Responsibility/ Mitigation Mitigation Monitoring Program Monitoring Measure FM Bal trap PS:Planning Services BL Business BS:Building Services 6575 Sycamore Rd. License FD:Fire Deparlment GP:Grading PD:Police Department Perm) CE:City Engineer BP:Building WW:Wastewater Planned Development Overlay#31 Permit Ca CityAn«ney FI:Final Inspection TO:Ter porary Occupancy FO:Final Occupancy Mitigation Measure 11.d.2: Amplified sound will be limited to low-level building Ongoing PS 11.d.2 mounted equipment on the announcer's tower. Amplified sound will only be used for events and not for routine practices. Signage shall be posted by the applicant at the front gate alerting users of the rules for amplified sound and a contact number for the applicant's designee will be listed so that any use of amplified sound outside the allowed times can be reported. ,moo 136 EXHIBIT B:Master Plan of Development I Site Plan 'fir t 8 5 4; a 4 tYC � \ sI ? sP � . , e 5t a a: I • a 0 G_ Al cc Am I s� j J i y �Z f 8 a a 4{�l� b JI5p t�• 2 �'-F Ca� €�� £ Ya N Si '{{�E1 HA :.EaFl r��I ! � : r.et I���, 1511-1 . s VORW 137 EXHIBIT C.-Grading Plan aC s}`ij��4 � � �a q� F �Wa� � ®r, � € e�$a � Q UI _M9 ul cc it I L �7 it Lo 'Hill 11H ILS "Moo' 138 EXHIBIT D:Erosion Control Plan It izi le RII, jExEf I d. { t I I, t;'K n itit, i Fill c LU ID�O� T 1 ci it IIA- On ui fl Lu z ar V lit H", I I z z LU Jill I IL LU 139 EXHIBIT E:Landscape Plan : \ ( \t13 0 • § \ ' !)&:$ . ` � , ) [ ` ! § NN hi i � � \ � \ � R § § h | | \ § � CD \ � » \ lit lit, -- --- ��� � \� ���\ \� � � - �� \ \ }! ----- -------- 140 ITEM NUMBER: B-2 DATE: 11/27/07 INS t e ' 1 Atascadero City Council Staff Report - Community Development Department PLN 2006-1111 Condominium Development and Condominium Conversion Ordinance (Title 9 and Title 11) City of Atascadero (Approval of Ordinance will allow for conditional use permit review for all new condominium development projects, including site condominiums, and will help to retain the rental housing inventory in Atascadero by establishing procedures and requirements for residential condominium conversions) RECOMMENDATION: The Planning Commission recommends: Council introduce for first reading, by title only, Draft Ordinance A to approve PLN 2006- 1111 (Zone Change 2006-0118) based on findings. REPORT IN BRIEF: The project consists of a proposed Ordinance Text Amendment to portions of Title 9, Planning and Zoning, and Title 11, Subdivisions, of the Atascadero Municipal Code (AMC). The proposed text places all substantive provisions regarding condominium development and condominium conversions in Title 9, Planning and Zoning, removes a portion of current condominium standards from Titie 11 — Subdivisions and includes the following major amendments: 1. Requires a Conditional Use Permit for all condominium projects, including commercial, industrial, site, residential, and conversions. 2. Limits residential condominium conversions to 25% of rental housing newly constructed each year, for conversions of five units or more. 3. Requires that 20% of new residential condominium units or converted apartments, in projects with five units or more, be included in the City's 141 inclusionary policy at the rate of 4% affordable to very low income households, 7.5% to lower income households, and 8.5% to moderate income households. 4. Provides additional protections to tenants in apartments being converted, including relocation assistance equal to three months rent and an additional one- year occupancy after conversion for seniors and the disabled; also allows tenants with school-aged children to remain in their homes through the school year. 5. Adds additional standards for the physical condition of converted buildings. DISCUSSION: The City Council held a strategic planning meeting on September 9, 2005 to review the City's General Plan policies in regards to condominium conversions and the potential loss of the City's rental inventory. The Council directed staff to further investigate options for condominium conversion that would be consistent with the General Plan policies of preserving rental housing stock and encouraging the development of affordable homeownership. Staff brought the Condominium Conversion issue to the Council on March 14, 2006, at which time the Council directed staff to enact an emergency moratorium for 45 days, (beginning March 1, 2006) until the item could be brought back to the Council for further discussion. Due to difficulty agendizing the issue, the moratorium was extended until March 27, 2008. On February 20, 2007 the Council and Commission held a joint meeting to discuss policies related to condominium conversions. During the period of time that the Planning Commission and City Council were addressing issues related to condominium conversions, staff was also trying to address "site" condominiums. The City Council adopted a moratorium on site condominiums until staff could further research and prepare recommendations for this type of project. Based on direction provided to staff by the City Council, a draft ordinance has been prepared for Council review that addresses condominium developments and conversions. At their October 16, 2007 meeting, the Planning Commission, on a 4/0 vote, recommended that the City Council adopt the attached ordinance changes. Staff has contracted with the firm of Goldfarb & Lipman LLP to assist in the process of drafting a condominium conversion ordinance. Ms. Barbara Kautz and Ms. Polly Marshall are experts in the fields of condominium conversions, inclusionary housing and redevelopment and have worked with agencies throughout California to tailor similar programs. Following the Council and Commission's direction, they have drafted the attached ordinance. Their description of the changes is included as Attachment 1 to this staff report. 142 Proposed Environmental Determination: The California Environmental Quality Act (CEQA) (Guidelines Section 15061(b)(3)) exempts activities which are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed Condominium Development and Condominium Conversion Ordinance does not have the potential to cause a significant effect on the environment. The majority of the conditions imposed by this ordinance will not result in physical changes in the environment, because they affect social and economic conditions by requiring additional project review, affordable housing, relocation payments to tenants, protections against evictions, and similar social conditions which do not affect the physical environment. Specifically, in Pacific Palisade Prop. Owners Assn v. City of Los Angeles, 42 Cal. App. 3d 781, 791 (1974), the Court of Appeal determined that converting apartments into condominiums is not a project because the conversion does not affect the physical environment, but only the ownership of individual units. Although a conversion may have social and economic impacts, it does not have any physical impacts, nor does it create any reasonably foreseeable physical changes. The only change in property development standards imposed by this ordinance is in regards to condominium conversion projects and requires energy-efficient lighting in all parking areas and adjacent to exterior walkways. All lighting fixtures must be selected, installed, and oriented to prevent glare. This type of small improvement is categorically exempt from CEQA as a minor alteration (Class 15301) to an existing facility involving no expansion of use. Conclusion: Over the last few years, staff has been receiving more and more condominium conversion inquiries. Staff has processed two condominium conversion requests which were submitted prior to the moratorium. These two applications resulted in approval for a conversion of a four-unit complex to condominiums and a denial for the conversion of a 46-unit conversion. Currently, an additional application for 96 units, submitted after enactment of the moratorium, is waiting to be processed. There have been serious inquiries for additional projects that could potentially result in the conversion of approximately 80-100 units if the property owners decide to move forward with applications. The attached Condominium Development and Condominium Conversion Ordinance will allow for conditional use permit review for all new condominium development projects, including site condominiums, and will help to retain the rental housing inventory in Atascadero by establishing procedures and requirements for residential condominium conversions. FISCAL IMPACT: The fiscal impact will vary depending upon the methods of implementation and the effect of the Ordinance on applications. Staff time and resources are currently used to process project requests; additional staff time may be required to monitor construction of new rental units and to administer new inclusionary requirements. However, since *%W few new rental units are currently being constructed, the Ordinance may have the effect 143 of reducing the staff workload due to a decrease in applications for condominium conversions. ALTERNATIVES: 1. The Council may introduce the Condominium Development and Condominium Conversion Ordinance. 2. The Council may choose to refer the item back to staff for additional analysis. Clear direction to staff should be provided on additional information or policies that are desired. 3. The Council may recommend that the Condominium Development and Condominium Conversion Ordinance not be adopted. In this case, the Council should provide recommendations on how to proceed under the current Ordinance and the General Plan policies. ATTACHMENTS: Attachment 1: Description of Proposed Ordinance Changes, Goldfarb & Lipman LLP Attachment 2 Draft Ordinance A 144 - Attachment 1 Description of Proposed Ordinance Changes Goldfarb&Lipman LLP,Attorneys DESCRIPTION OF PROPOSED ORDINANCE CHANGES CONDOMINIUM CONVERSION ORDINANCE Issue: Over the last two years, the City of Atascadero has received an increasing number of applications and inquiries from apartment owners interested in converting their rental units into for-sale condominiums. The issue was initially presented to the City Council on September 9, 2005, and the Council expressed interest in exploring ways to control the rate of condominium conversions. On March 14, 2006, and February 20, 2007, the Council and the Commission reviewed and considered possible modifications to the City's existing Ordinance relating to condominium conversions. The attached ordinance includes those policies discussed at the joint meeting. Background: Typically during times when housing prices are disproportionately high in relation to rents, there has been an interest by individual property owners in converting existing rental units to ownership housing. In the past few years, this has been the situation in Atascadero and throughout San Luis Obispo County: median sales prices in the County increased dramatically and even now are close to $600,000 (EVC President Mike Manchak, Pacific Coast Business Times, September 27, 2007), while rental rates have remained relatively stable. In recent months, sales prices have dropped while rents appear to be increasing ($750 for a 1 bedroom and $950 to $1050 for a 2 bedroom — Classified Ads, The Tribune, September 30, 2007) but it is likely that the value of apartment buildings will still be maximized by conversion to condominiums. These economics have been reflected in an increased number of condominium conversion applications in Atascadero. Applications have been made for the conversion of 96 rentals to condominiums, and inquiries have been made about the conversion of an additional 80-100 units. If all of these apartments were to be converted to condominiums, this would result in the loss of nearly 10 percent of the 2,100 rental units in the City. Other San Luis Obispo County communities have experienced the same increase in applications for conversions. As one response, the Board of Supervisors adopted new condominium conversion policies for the County in December of 2006. The City's primary concern with the loss of rental housing is the loss of an affordable housing stock. A stable supply of reasonably priced rental housing is essential to many service-oriented sectors of the local economy. Apartments converted to condominiums 145 usually offer some of the lowest cost ownership housing. Nonetheless, total ownership costs are nearly always significantly higher than rental costs, and even tenants who can afford increased monthly payments may not have sufficient savings for a down payment and closing costs. Hence, condominium conversions usually result in decreased housing affordability. The California courts have given cities a great deal of discretion to control condominium conversions, especially through a use permit process. In 1985, the California Supreme Court upheld the ability of cities to require use permits for condominium conversions [Griffin Devel. Co. v. City of Oxnard, 39 Cal. 3d 256 (1985)]. More recently, the California Court of Appeal agreed that a city could require a use permit for a conversion even after the owner had recorded a final subdivision map unless the owner had also maintained a valid "public report from the Department of Real Estate at all times [City of West Hollywood v. 1112 Investment Co., 105 Cal. App. 4th 1134 (2003)]. The effect of these decisions is to enable the City to adopt reasonable policies to limit condominium conversions. Existinq City Policies and Subdivision Map Act Requirements The City's Housing Element recognizes the importance of rental housing to the City and provides: "Goal HOS 3: Ensure that an adequate amount of rental housing exists." "Policy 3.1: Ensure that the proportion of low and moderate housing is not significantly reduced." The City's Subdivision Ordinance was amended in 2000, to include certain controls on condominium conversions. These provide primarily for the notification of tenants, public hearings, and property improvement standards for buildings to be converted. However, the Subdivision Ordinance does not control the rate of conversions nor include provisions to preserve affordable rental housing. Major Changes Included in Ordinance At a joint Planning Commission-City Council meeting on February 20, 2007, the Commission and Council tentatively agreed by consensus that a Condominium Conversion Ordinance should contain certain provisions. The Ordinance recommended by the Planning Commission and now before the Council contains these provisions, as described below: A. Reduction in the Rate of Condominium Conversions The Condominium Conversion Ordinance allows conversions only when new multifamily rental housing is constructed. This is the approach now used by the City of San Luis Obispo and by the County of San Luis Obispo. The City of San Luis Obispo 146 - allows conversions for half the number of new multifamily units constructed. The County permits conversions for one-fourth the number of new rental multifamily units constructed. Per the direction given at the joint study session, the ordinance permits condominium conversions for only one-fourth the number of new rental multifamily units constructed, for conversions of five units or more. (See Section 9-12.111(c), Special findings for approval.) This approach ensures that the number of rental units in the City will steadily increase. The provision may cause rents to increase over time, because conversions typically occur in older buildings with lower rents, while newly constructed apartments normally have higher rents, but the increase in supply should help to ensure a balance of supply and demand. B. Inclusionary Requirements The proposed Ordinance requires converted units in projects of five units or more to conform to the City's current inclusionary policy established for new construction. This requires that 20% of all new housing in multifamily buildings be affordable. This 20% is comprised of 4% of the units that are affordable to very low income households, 7.5% affordable to low income households, and 8.5% affordable to moderate income households. (See Section 9-12.108(a), Affordable housing. Definitions related to this requirement are included in Section 9-12.102, Definitions.) ,i As a comparison, the County's newly adopted Ordinance requires that 25% of converted units be affordable to low or moderate income households, with at least half (12.5% total) affordable to low income households. The Ordinance also requires that the affordable units created in redevelopment project areas be required to give the City affordable housing production credit required by redevelopment law. This requires that the units be affordable for 45 years (ownership) or 55 years (rental), rather than 30 years; and that the purchase price for any lower income units be somewhat reduced (based on a total monthly housing cost of $1,124/month instead of $1,284/month). C. Protections for Existing Tenants The Commission and Council agreed that the Ordinance should include the following protections for existing tenants: 1. Tenant Relocation Assistance. The proposed Ordinance mandates the payment of three months rent as a relocation payment and requires that the applicant help find comparable replacement housing for each tenant who will be displaced. San Luis Obispo County also requires a payment of three months' rent, plus additional payments if the tenant is unable to find a comparable unit. (See Section 9-12.109(a)(1), Relocation assistance.) 147 2. Protections for the Elderly and Disabled and Children Attending School. All tenants may remain in their apartment for at least 180 days after the application is approved by the City. (See Section 9-12.107(h)), Continued Right of Occupancy Notice). Tenants who are disabled or elderly (over the age of 62) may remain for an additional year. Households with school age children may remain until at least 30 days after the end of the school year, if the 180-day period would otherwise end in the middle of the school year. (See Section 9-12.109(a)(2), Extension of lease of rental agreement for certain tenants.) Once an applicant notifies tenants that an application for a condominium conversion will be filed, tenants may only be evicted for violation of their lease or rental agreement. (See Section 9-12.112(b), No unjust eviction.) 3. Limits on Rent Increases. After the owner has notified the tenants that an application for a conversion will be filed (a "Notice of Intent"), the owner may not raise rents for a 180-day period (the City's current requirement) and after that, may raise rent only once per year, not to exceed the percentage increase in the consumer price index. (See Section 9-12.112(c), Limitations on rent increases.) 4. Additional Notices to Tenants. The Ordinance requires a detailed "Tenant Information Package" explaining not only the conversion process, but also , the condition of the building and the impact of the conversion on existing tenants. To comply with the provisions of the Subdivision Map Act, it also more clearly specifies how notice should be given to tenants. Applicants will be required to demonstrate to the City that they have given the required notices, since the City must make a finding that these notices have been given. (See Section 9-12.106(d), Tenant information package; 9-12.106(e), Evidence of delivery of required notices; Section 9-12.107, Special noticing requirements; 9-12.109„ Special findings required for approval of condominium conversions.) Legislation was just signed by the Governor requiring one additional notice, specifying the form of additional notices, and requiring that, if the rental agreement was negotiated in Spanish, Chinese, Tagalog, Vietnamese, or Korean, the notices to that tenant must be in that language. The Ordinance has been modified to reflect those changes and also contains general language stating that all Subdivision Map Act requirements must be met, since this seems to be an area that is subject to frequent legislative changes. 5. Other. The Subdivision Map Act specifies a variety of additional protections for tenants, such as the exclusive right to purchase a unit for a 90-day 148 period. These additional protections are also included in the Ordinance. *mo . (See, for instance, Section 9-12.109(a)(4), Right to purchase.) D. Development Standards Atascadero's current subdivision ordinance imposes physical conditions on condominium conversions and requires a detailed Property Condition Report. These existing requirements are included in Sections 9-12.109. New requirements for energy-efficient exterior lighting and lighting for exterior walkways have been added, as well as a requirement for a one-year warranty for buyers. (See Sections 9-12.107(m) — (n), Conditions of Approval.) E. CC & R Requirements Atascadero's existing ordinance already imposes certain standards on CC&Rs for condominium conversions and requires a copy of the CC&Rs as part of the Tentative Map application. The proposed Ordinance extends these requirements to all residential condominiums and further limits the parking of trailers, boats, and recreational vehicles on the site; confines parking to designated parking areas; and requires City approval for amendment to the portions of the CC&Rs that implement the City's Conditions of Approval. (See Section 9-12.108(b), Association documents.) F. Need for Conditional Use Permit Any applicant for a condominium or condominium conversion would be required to obtain a use permit as well as approval of a Tentative Map. Consequently, the substantive provisions of the Condominium Conversion Ordinance have been removed from the City's Subdivision Ordinance and placed in the Zoning Ordinance. Court decisions have established that the City has more authority to regulate condominium conversions under the Zoning Ordinance than under the Subdivision Ordinance. Conclusion The proposed Condominium Development and Condominium Conversion Ordinance includes policy options that are likely to retain affordable rental housing by limiting the rate of conversions and requiring that at least 20 percent of converted units remain affordable. low 149 CONDOMINIUM DEVELOPMENT PROJECTS Issue: Early in 2007, the City of Atascadero was compelled to accept a condominium project with "site condominiums." Since the City did not have standards and regulations to address this type of development, the project proceeded as a site condominium without review of the implications of a "small lot subdivision." Members of the development community are showing an increased interest in this "hybrid" process which is a cross between a condominium project and a small-lot subdivision and circumvents the subdivision process. Background: The City is seeing more and more applications for condominium projects and small lot subdivisions (PD-7's). The condominium application may be a preferred method of processing a project because it does not typically require City Council review and if the request is for one to eleven units, it would not require Planning Commission review or a Master Plan of Development. Often, developers will begin a condominium project as an apartment project and once construction is underway or near completion, the developer will then apply for a condominium subdivision. The standards for staff review on apartment projects are not as stringent as those on a planned development or condominium project. Most apartment/condominium projects are designed to be administered by a management company or home owners association. There are common areas which are to be shared and landscaping, building exteriors and pavement that must be maintained. If the developer then requests a "site condominium" project, individual homeowners become responsible for much of the maintenance and what was planned to be common space may become private. The required common open space may become a strip of air, defined as ten feet above the roof, twenty feet wide and extending upward to infinity. Existing City Policies and Subdivision Map Act Requirements The City's Housing Element recognizes the importance of a variety of housing options to serve the requirements of residents. The General Plan provides: "Policy 1.2: Encourage a variety of high quality housing types in multi- family areas by allowing planned developments with detached units on individual lots or airspace condominiums on commonly owned lots." "Policy 2.1: Ensure that new development is compatible with existing and surrounding neighborhoods." a 150 Staff's research shows that site condominiums are used fairly frequently back East for row house type developments. These types of developments generally fill a housing need that falls somewhere between a conventional condominium project and a small lot subdivision. While the units are fairly close together or, in some cases, attached, there is more autonomy with ownership of a site condo. The proposed Condominium Development and Conversion Ordinance would require a Master Plan of Development through the processing of a Conditional Use Permit (CUP) to ensure that all condominium developments provide sufficient open space for unit owners and establish the necessary conditions and operating procedures to ensure that such developments have adequate maintenance responsibility and access for the long-term management of the project. 151 Attachment 2 Draft Ordinance A Goldfarb&Lipman LLP,Attorneys AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO ADDING CHAPTER 9-12, REPEALING CHAPTER 11-129 AND AMENDING SECTIONS 11-2.09 AND 11-4.02 OF THE ATASCADERO MUNICIPAL CODE RELATING TO CONDOMINIUM DEVELOPMENTS AND CONDOMINIUM CONVERSIONS WHEREAS, an application has been received from the City of Atascadero, 6907 El Camino Real, Atascadero, CA 93422 (Applicants) to consider a Municipal Code Amendment affecting Titles 9 and 11 to establish procedures for condominium development and condominium conversion of rental apartment to "for sale" condominium units; and, WHEREAS, the proposed amendments to the Municipal Code are exempt from review under the California Environmental Quality Act (CEQA) because CEQA Guidelines Section 15061(b)(3)exempts activities which are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. The proposed Condominium Development and Condominium Conversion Ordinance does not have the potential to cause a significant effect on the environment. The majority of the conditions imposed by this ordinance will not result in physical changes in the environment, because they affect social and economic conditions, such as by requiring additional project review,affordable housing, relocation payments to tenants,protections against evictions, and similar social conditions which do not affect the physical environment; and the only change in property development standards imposed by this Ordinance, in regard to exterior lighting, is categorically exempt from CEQA as a minor alteration (Class 15301) to an existing facility involving no expansion of use; and WHEREAS, the City Council has determined that it is in the best interest of the City to enact this Condominium Development and Condominium Conversion Ordinance to protect the health, safety, and welfare of its citizens by applying orderly development, ensuring adequate open space, adequate long term maintenance procedures and protecting rental housing units and expanding affordable housing opportunities within the City; and, WHEREAS, a timely and properly noticed Public Hearing upon the subject Condominium Development and Condominium Conversion Ordinance was held by the Planning Commission of the City of Atascadero on October 16, 2007, at which hearing evidence, oral and documentary, was admitted on behalf of said Text Amendments; and, 152 WHEREAS, the Planning Commission recommended approval of said Ordinance to the NOW City Council; and WHEREAS, a timely and properly noticed Public Hearing upon the subject Condominium Development and Condominium Conversion Ordinance was held by the City Council of the City of Atascadero on November 27, 2007, at which hearing evidence, oral and documentary, was admitted on behalf of said Text Amendments. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO does ordain as follows: Section 1.The City Council hereby adopts the recitals contained above as findings to support the adoption of an ordinance concerning condominiums and condominium conversions. Section 2. Chapter 12, Condominiums and Condominium Conversions, is added to Title 9, Zoning and Planning, of the Atascadero Municipal Code, to read as follows: Chapter 12 CONDOMINIUM DEVELOPMENT AND CONDOMINIUM CONVERSIONS ARTICLE 1. GENERAL PROVISIONS 9-12.101 Purpose and intent. 9-12.102 Definitions. ARTICLE 2. REVIEW PROCEDURES 9-12.103 Applicability. 9-12.104 Required approvals. 9-12.105 Application requirements for condominium projects and condominium conversions. 9-12.106 Special application requirements for residential condominium conversions. 9-12.107 Special noticing requirements for residential condominium conversions. ARTICLE 3. PROPERTY REQUIREMENTS 9-12.108 Conditions of approval. 9-12.109 Special conditions of approval for residential condominium conversions. 9-12.110 Exceptions to property improvement standards for condominium conversions. 9-12.111 Special findings required for approval of condominium conversions. ARTICLE 4. TENANT AND BUYER PROTECTIONS FOR RESIDENTIAL CONDOMINIUM CONVERSIONS 9-12.112 Tenants' rights. 9.12.113 Reports to be furnished to prospective purchasers. _ _ 153 ARTICLE 1. GENERAL PROVISIONS. 9-12.101 Purpose and intent. 14001 The purpose of this Chapter is to: (a) Provide design and property improvement standards for condominium and condominium conversion projects; (b) Ensure that a homeowners' association for residential projects or a property owners' association for commercial/industrial projects is established that is adequately funded and organized to repair and maintain all common areas, infrastructure and structures; (c) Ensure that all condominium projects, including condominium conversion projects, provide necessary and useable easements to, and for, open space, ingress, egress, and utility and structure repair and maintenance. (d) Ensure that all condominium projects, including conversion projects, provide inclusionary housing units under the City's Inclusionary Housing Policy. (e) Ensure that the City maintains an adequate supply of rental multiple dwelling units affordable to lower and moderate income persons and a diversity of housing types, in compliance with the Land Use Element and Housing Element of the City's General Plan; (f) Reduce the impact of condominium conversions on residents of rental housing who may be required to relocate; (g) Ensure that housing converted to condominiums is constructed at a standard that is consistent with current building codes; (h) Ensure that all common areas are readily useable and accessible to all residents. 9-12.102 Definitions. woo The following definitions are applicable to this Chapter. Affordable Ownership Cost. A reasonable down payment and an average monthly housing cost during the first calendar year of occupancy, including mortgage loan principal and interest, mortgage insurance, property taxes and property assessments, homeowners insurance, homeowners association dues, if any, and all other dues and fees assessed as a condition of property ownership, which does not exceed: (A) one-twelfth of 30 percent of 50 percent of area median income for very low income households; (B) one-twelfth of 30 percent of 80 percent of area median income for lower income households; or (C) one-twelfth of 30 percent of 120 percent of area median income for moderate-income households. However, within redevelopment project areas, monthly housing costs shall not exceed: (A) one-twelfth of 30 percent of 50 percent of area median income for very low income households; (B) one-twelfth of 30 percent of 70 percent of area median income for lower income households; or (C) one-twelfth of 35 percent of 110 percent of area median income for moderate-income households. In calculating the affordable ownership cost of a unit, area median income shall be adjusted for assumed household size based on unit size. Affordable Rent. Monthly rent, including a reasonable utility allowance and all mandatory fees charged for use of the property, which does not exceed: (A) one-twelfth of 30 percent of 50 percent of area median income for very low income households; (B) one-twelfth of 30 percent of 60 percent of area median income for lower income households; and (C) one-twelfth of 30 percent of 110 percent of area median income for moderate-income households. In calculating affordable rent for a unit, area median income shall be adjusted for assumed household size based on unit size. 154 Area Median Income. The annual median income for San Luis Obispo County, adjusted for household size, as published periodically in the California Code of Regulations,Title 25, Section 6932, or its successor provision, or as established by the City of Atascadero in the event that such median income figures are no longer published periodically in the California Code of Regulations. Assumed Household Size. One person in a studio unit, two persons in a one-bedroom unit,three persons in a two-bedroom unit, four persons in a three-bedroom unit, and one additional person for each additional bedroom. Condominium Project. Any common interest development as defined in Civil Code Section 1351, whether designed for residential, commercial or industrial use, including but not limited to a condominium, planned development, stock cooperative, or community apartment project. Condominium Conversion. The conversion of existing dwelling units that have been approved for occupancy and cannot be sold individually into a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development, stock cooperative, or community apartment project) or into any other ownership type in which the dwelling units may be sold individually; or the conversion of existing non-residential space into a common interest development as defined in Civil Code Section 1351. Disabled Person. A person who has a physical or mental impairment that limits one or more major life activities, anyone who is regarded as having such an impairment, or anyone who has a record of such an impairment, as defined in the federal Fair Housing Act or Americans with Disabilities Act. Lower Income Household. A household whose income does not exceed the lower income limits applicable to San Luis Obispo County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code. Moderate Income Household. A household whose income does not exceed the moderate income limits applicable to San Luis Obispo County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50079.5 of the California Health and Safety Code. Residential Development. All dwelling units located on one parcel or on contiguous parcels and owned, operated, or managed by one entity, or which were constructed as part of one development project. Very Low Income Household. A household whose income does not exceed the lower income limits applicable to San Luis Obispo County, as published and periodically updated by the California Department of Housing and Community Development pursuant to Section 50105 of the California Health and Safety Code. - 155 ARTICLE 2. REVIEW PROCEDURES 9-12.103 Applicability. The procedures and standards contained in this chapter shall apply to all condominium projects and all condominium conversions, except for condominium conversions for which a complete application was made prior to March 1, 2006. No residential condominium conversion may be considered to include four units or less unless it is contained within a residential development that contains no more than four dwelling units. 9-12.104 Required approvals. No condominium project or condominium conversion shall be permitted unless a conditional use permit is approved pursuant to the provisions of this Chapter and Section 9-2.109 of this Code. Condominium projects and condominium conversions shall also require a tentative and final map pursuant to Title 11 of this Code, and shall be subject to all applicable provisions of the Subdivision Map Act, Title 11 of this Code, and all other applicable state and local laws and ordinances. Provisions for notice, hearing, and appeal shall be as specified in Title 9 and Title 11 of this Code for conditional use permits and tentative maps, respectively, except as modified by the provisions of this Chapter. 9-12.105 Special application requirements for condominium proiects and condominium conversions. A conditional use permit application for a condominium project shall be completed and submitted along with a completed environmental assessment form and all other information as described on the checklist attached to the application. An application for a tentative map or tentative parcel map shall be submitted concurrently with the conditional use permit application. The tentative map or tentative parcel map shall be accompanied by all information described in the checklist attached to the application. Where the information requirements for a conditional use permit and tentative map conflict, the requirements for the greatest amount of information shall apply. 9-12.106 Application requirements for residential condominium conversions. The conditional use permit application for a residential condominium conversion shall be accompanied by an application for a tentative map as required by Title 11 of this Code. The application shall include all information required by Title 11 and by Section 9-2.109 and the following additional information: (a) Housing Impact Report. A report that describes: the number of households that may be displaced; the numbers of persons residing in all households; the age and income levels of all tenants; units occupied by persons who are over sixty-two (62) years of age, disabled, or between five (5) and eighteen (18) years of age; the square footage, number of bedrooms, rental rates, and vacancy rate of all units for the previous three years; and documentation of the community-wide number of rental units with similar rental rates. The Housing Impact Report shall also include the location of the proposed affordable units required by Section 9-12.108(a) and their proposed affordability level, except for condominium conversions of four units or less. (b) Property Condition Report. A detailed description of the physical condition of the property, including: 156 (1) Property and structural compliance with the current building and zoning codes, including foundations, ventilation, utilities, walls, roofs, windows, mechanical and electrical equipment, appliances which will be sold with the units, common areas, roads, paved and parking areas, utilities, and infrastructure. The report shall state, to the best knowledge of the applicant, and for each element: the date of construction, the condition, the expected useful life, the cost of replacement, and any variation from current building and zoning codes. The report shall identify all defective or unsafe elements or those which may impair use and enjoyment of the property; corrective measures required to meet current code standards; modifications needed to meet current sound attenuation and energy conservation standards; estimated costs of needed repairs and annual maintenance costs, including a sinking fund; and the estimated annual amount of homeowners' association fees. The report shall be prepared by a registered civil or structural engineer or architect; (2) A report from a licensed pest-control operator describing in detail the presence and effects of any wood destroying organisms; corrective measures; and estimated repair costs; (3) A report of any known soil or geological problems, prepared by a licensed geotechnical engineer; required and recommended corrective measures; and estimated repair costs. Reference shall be made to any previous soils or geotechnical reports prepared for the site. (4) A report by the Building Official, Fire Marshal, and Planning Services, or designee, regarding the building's and site's compliance with current building and zoning codes and listing any code violations found. (c) Site Plan. A site plan which shall include at least the following: (1) The location, number of stories, number of dwellings, and proposed use of each structure to remain and of any proposed new structure; (2)The location, use, and type of surfacing for all open storage areas; (3) The location and type of surfacing for all driveways, pedestrian ways, vehicle parking areas, and curb cuts; (4)The location and number of all covered and uncovered parking spaces; (5)The location of all existing and proposed utility lines and meters; (6)The location, height and type of materials for walls and fences; (7) The location of all landscaped areas, the type of landscaping, method of irrigation, exterior lighting, and a statement specifying private or common maintenance; (8)The location and description of all recreational facilities; (9) The location, size, and number of parking spaces to be used in conjunction with each unit; (10) The location, type, and size of all drainage pipes, structures, and basins; (11) Existing contours, building pad elevations, and percent slope for all driveways and parking areas. (d) Tenant Information Package. A tenant information package that includes at least the following: (1) The name and address of developer and/or property owner; (2) A copy of the Housing Impact Report and Property Condition Report that are submitted in compliance with subsections (a) and (b) of this Section; (3)The approximate sales price of each unit; (4) Provisions for affordable housing in compliance with Section 9-12.108(a), except for `'U' condominium conversions of four units or less; and 157 (5) A copy of the Notice of Intent to Convert required by Section 9-12.107(a). The Tenant Information Package shall be delivered to each tenant within five (5) working days "' after the Community Development Director has approved the Tenant Information Package. (e) Evidence of Deliver of f Required Notices. (1) Signed copies from each tenant acknowledging receipt of the Notice of Intent to Convert; or, for each tenant for whom a signed acknowledgment is not submitted. satisfactory evidence that the Notice of Intent to Convert was sent to each tenant in compliance with the legal requirements for service by mail and was sent by U.S. certified mail, return receipt requested. (2) Evidence to the satisfaction of the Community Development Director that all tenants of the proposed condominium conversion have been, or will be, given all written notices required by this Chapter and by the Subdivision Map Act, and that such notices have, or will, comply with the legal requirements for service by mail. The applicant shall provide the City with copies of all affidavits prepared in compliance with Code of Civil Procedure Section 1013a. (f) Other Information. Any other information which in the opinion of the Community Development Director will assist in determining whether the findings required by Sections 9- 2.109 and 9-12.111 of this Code can be made. The applicant shall submit to the City a copy of each application for a public report made to the California Department of Real Estate, including a copy of the supplemental questionnaire for apartments converted to condominiums. 9-12.107 Special noticing requirements for residential condominium conversions. In addition to the notices of public hearing required by Section 9-1.110 and Section 11-4.06 of this Code, the following additional notices shall be given. Notice shall comply with the legal requirements for service by mail contained in Code of Civil Procedure Sections 1012, 1013, and 1013a or as otherwise required by law, or shall be made by personal delivery to each tenant or other person entitled to receive notice, confirmed by written acknowledgement of receipt of the notice. In addition, the Notice of Intent to Convert, Right to Purchase and Intention to Convert Notice, and copies of City staff reports shall be delivered to each occupied dwelling unit included in the proposed conversion. If a rental agreement was negotiated in Spanish, Chinese, Tagalog, Vietnamese or Korean, all required notices to that tenant shall be issued in that language. The applicant shall also provide any additional notice required by the Subdivision Map Act or other state or federal law. It is the City's intent that the provisions of this Section 9-12.107 apply to all residential condominium conversions, including condominium conversions of four units or less. (a) Notice of Intent to Convert. The applicant shall give a written Notice of Intent to Convert to each tenant at least sixty (60) days prior to submittal of the conditional use permit and tentative map application for the condominium conversion. The notice shall be in the form prescribed by the Subdivision Map Act and in addition shall include the following: (1) Name and address of current owner; (2)Name and address of subdivider; (3) Approximate date on which the unit is to be vacated by nonpurchasing tenants if the conditional use permit and tentative map are approved, (4) The tenant's right to continue to rent the unit for at least one hundred and eighty (180) days after the date of any approval of the conditional use permit and tentative map, or for up to one (1) year beyond the one hundred eighty (180)-day termination period if any resident of the unit is over 62 years of age, disabled, lower income, or has school-age children. The Notice of Intent to Convert shall describe how the tenant may establish that a resident of the unit is over 62 158 years of age, disabled, or has school-age children, or that the household qualifies as a lower income household. (5) The tenant's exclusive right to purchase the unit upon the same terms that the unit will initially be offered to the general public, or on more favorable terms, for a period of at least ninety (90) days after a subdivision public report has been issued by the California Department of Real Estate or after commencement of sales, whichever is later. (6) Except for condominium conversions of four units or less, provisions for affordable housing as required by Section 9-12.1.08(a). (7) A general description of the relocation assistance to be provided pursuant to Section 9-12.109(a)(1). (8) The tenant's right to terminate any lease or rental agreement for the unit as provided by Section 9-12.112(a). (9)Protection from unjust eviction as required by Section 9-12.112(b). (10)Limitations on rent increases as required by Section 9-12.112(c). (11) City contact information (telephone, street address, and e-mail address). (b) Notice to Prospective Tenants. Commencing not less than sixty (60) days prior to submittal of the conditional use permit and tentative map application for the condominium conversion, the applicant shall, before accepting any rent or deposit from any prospective tenant, provide the prospective tenant with the notice required by Government Code Section 66452.8, a copy of the Notice of Intent to Convert, and a copy of the Tenant Information Package, if it has been approved by the Community Development Director. (c) Tenant Information Package. The applicant shall provide all tenants with a copy of the Tenant Information Package specified in Section 9-12.106(d) within five (5) working days of its approval by the Community Development Director. (d) Public Report Submittal Notice. The applicant shall provide a Public Report Submittal Notice to each tenant within ten (10) days of the submittal of an application for a public report to the California Department of Real Estate, in the form prescribed by the Subdivision Map Act. The notice shall indicate that the public report will be available to the tenant upon request and that the tenant's exclusive right to purchase commences no earlier than the date of issuance of the final public report. (e) Issuance of Public Report Notice. The applicant shall provide an Issuance of Public Report Notice to each tenant within five (5) days after the date that the applicant receives the public report from the California Department of Real Estate, in the form prescribed by the Subdivision Map Act. (f) Approval Notice. The applicant shall provide an Approval Notice to each tenant within ten (10) days of any approval of the final map for the condominium conversion, in the form prescribed by the Subdivision Map Act. (g) Exclusive Right to Purchase Notice. The applicant shall provide each tenant with an Exclusive Right to Purchase Notice at the beginning of the tenant's exclusive right for a period of ninety (90) days to contract for the purchase of the unit upon the same terms that the unit will initially be offered to the general public, or on more favorable terms. The Right to Purchase Notice shall state the date that the ninety (90)-day period will commence, describe the terms on which the unit is being offered, comply with the requirements of the Subdivision Map Act, and include the information for buyers specified in Section 9-12.113 and the subdivision public 14W report. 159 (h) Continued Right of Occupancy and Intention to Convert Notice. After City approval of the conditional use permit and tentative map, the applicant shall provide each tenant with a Continued Right of Occupancy and Intention to Convert Notice stating that each tenant will be given a minimum period of one hundred eighty (180) days to vacate the unit, unless the period is extended pursuant to Section 9-12.109(a)(2). This Continued Right of Occupancy Notice is not a notice to terminate the tenancy as required by Civil Code Section 1946.1. The Notice shall be consistent with the form prescribed by the Subdivision Map Act. (i) Notices of Public Hearing and Copies of City Staff Reports. As required by the Subdivision Map Act, the applicant shall provide each tenant with a copy of any hearing notice and any staff report on the condominium conversion at least three (3) days prior to any public hearing on the proposed condominium conversion. ARTICLE 3. PROPERTY REQUIREMENTS 9-12.108 Conditions of approval. All residential condominium projects and all residential condominium conversions shall comply with the following provisions prior to recordation of the final map. (a) Affordable Housing. Except for residential condominium projects and residential condominium conversions of four units or less, the applicant shall agree to rent or sell twenty (20) percent of the total number of residential units or units to be converted to very low, lower, and moderate-income households, as follows: (1) Four percent (4%) of the total number of units to be converted shall be rented or sold at an affordable ownership cost or affordable rent to very low income households. (2) Seven-and-one-half percent (7.5%) of the total number of units to be converted shall be rented or sold at an affordable ownership cost or affordable rent to lower income households. (3) Eight-and-one-half percent (8.5%) of the total number of units to be converted shall be rented or sold at an affordable ownership cost or affordable rent to moderate income households. The units shall remain affordable for thirty (30) years, except that, if the condominium project or condominium conversion is located within a redevelopment project area, the units shall remain affordable for forty-five (45) years, if sold to qualifying households, or for fifty-five (55) years, if rented to qualifying households. The affordable units shall be distributed throughout the project and not concentrated in one location. Fractions of units of 0.5 or greater shall be rounded up to the next highest whole number. For fractions of less than 0.5, the applicant may provide an additional affordable unit or pay in-lieu fees established by the City prior to final map approval. Tenants of the condominium conversion project who are income-qualified shall be given priority to acquire the affordable units, and a lottery shall be used if necessary to determine unit possession. The affordable units required by this section shall be provided in addition to any existing deed restricted affordable units in the project. If the project is subject to the affordable housing requirements of other ordinances or agencies, then the most restrictive requirements shall apply. Prior to approval of the final map, an affordable housing agreement between the applicant and the City shall be recorded to ensure continued affordability of the required affordable units. (b) Association Documents. The declaration of covenants, conditions and restrictions, articles of incorporation, bylaws, and contracts for the maintenance, management, or operation of any part ' 160 - of the condominium conversion project shall be submitted to the City for review and approval prior to approval of the final map, to ensure that the documents comply with all required conditions of approval. In addition to the requirements of Civil Code Section 1355 and any requirements which might be imposed by the City consistent with these regulations, the organizational documents shall include provisions concerning the conveyance of units; the assignment of parking; an agreement for common area maintenance, including facilities, utilities, and landscaping; a proposed annual operating budget containing a reserve fund to pay major anticipated maintenance, repair, or replacement expenses; and an estimate of initial annual homeowners dues. The declaration of covenants, conditions, and restrictions shall also contain the following specific provisions: (1)No trailers, boats, or recreational vehicles may be parked on the site. (2) Vehicles may only be parked in designated parking areas. (3) A provision establishing the obligation and duty of the governing body of the homeowners association to continually maintain the common areas in a manner which, at a minimum, ensures compliance with this Code, any conditions of approval, and all other applicable laws, regulations, and standards. (4) A provision for annual assessments for maintenance and for capital improvements. (5) CC&R provisions required to comply with the City's conditions of approval may not be modified without the City's consent. 9-12.109 Special conditions of approval for condominium conversions (a) The following conditions are applicable to residential condominium conversions: (1) Relocation Assistance. Following approval of the conditional use permit and tentative map, the applicant shall enter into an agreement with the City to provide each tenant household that vacates a unit with a relocation payment equal to three months rent for the unit currently occupied by that household. The relocation payment shall be paid at least thirty (30) days before the household vacates its unit. The applicant shall also provide active assistance in securing comparable replacement housing for each tenant who will be displaced. (2) Extension of Lease or Rental Agreement for Certain Tenants. For tenant households that include a person over sixty-two (62) years of age or a disabled person, or if the household is a lower income household, the applicant shall extend the household's rental agreement or lease for one (1) year beyond the one hundred eighty (180)-day termination period specified in Section 9-12.107(h). For tenant households that include a dependent person attending kindergarten through Grade 12, if the one hundred eighty (180)-day termination period ends in the middle of a school year, then the applicant shall extend the household's rental agreement or lease until thirty (30) days after the end of the school year. (3) Warranty. The applicant shall provide a warranty for a period of one year from the date of the sale of the last individual unit free of charge to the homeowners' association for all project components that are owned or maintained by the association. The warranty shall guarantee the condition of the common area items, including but not limited to roads, paving, drainage systems, landscaping, and recreational facilities. The warranty shall also guarantee the condition of all residential and/or common area structures, roofing, foundations, plumbing, electrical system, heating and ventilation, mechanical systems, and utilities. The City shall review and approve the form of the warranty prior to approval of the final map. 761 (4) Right to Purchase. In conformance with the Subdivision Map Act, the applicant shall provide each tenant with an exclusive right for a period of ninety (90) days to contract for the purchase of the tenant's unit upon the same terms that the unit will initially be offered to the general public, or on more favorable terms, as further described in Section 9-12.107(g). (5) Building and Zoning Regulations. To the extent feasible, the residential condominium conversion shall substantially comply with the City's building and housing codes and zoning regulations in effect on the date the application for conversion is accepted as complete. All modifications needed to meet current sound attenuation and energy conservation standards shall be completed. (6) Fire Safety. Each living unit shall be provided with approved smoke detectors as required by the Building Code. (7) Storage. The project shall provide at least one hundred (100) cubic feet of enclosed, weatherproof, and lockable private storage space for each unit, exclusive of standard cabinets and standard closets within the unit and the space normally required for parking a vehicle in a garage. This space shall be for the sole use of the unit owner. The minimum opening shall be two and one-half(2.5) feet by four(4) feet and the minimum height shall be four(4) feet. (8) Laundry Facilities. A laundry area, including space and utility connections for a washer and dryer, shall be provided in each unit, or laundry facilities shall be provided in common laundry space. Common facilities shall consist of at least one washer and dryer for each ten (10) units or fraction thereof. (9)Private Open Space. Each unit shall have a minimum of one hundred(100) square feet of qualifying private open space. To qualify, open space must be private and directly accessible from the unit it serves, and must have a minimum dimension in every direction of ten (10) feet for open space provided at ground level or six (6) feet for open space provided on a balcony or elevated deck, and must be located outside the required front yard setback. (b)The following conditions are applicable to all condominium conversions: (1) Fire Protection Systems. All fire hydrants, fire alarm systems, portable fire extinguishers, and other fire protection appliances shall be retained in operable condition at all times and shall comply with the fire code requirements in place at the time the building was constructed. Any conversion involving an addition or major renovations of the structure shall substantially comply with the fire codes in effect on the date the application for conversion is accepted as complete. (2) Utility Metering. The consumption of gas, electricity, and water within each unit shall be separately metered, and there shall be separate circuit breakers and shutoff valves for each unit. (3) Parking. The number of parking spaces, including the provision of covered spaces and spaces for the disabled, shall meet current standards for the number of parking spaces, as provided in Chapter 4 of Title 9 of this Code. Spaces for the exclusive use of each unit shall be so marked. Visitor parking and special loading zones, if any, shall also be marked. (4) Refurbishing and Restoration. All structures, common areas, sidewalks, driveways, landscaped areas, and facilities, if defective or in poor condition, shall be refurbished and restored to a safe and usable condition, and as otherwise required by the Planning Commission pursuant to the findings in the Property Condition Report. 162 (5) Lig. Energy-efficient lighting providing adequate light levels as acceptable to the Police Department shall be installed in all parking areas and adjacent to exterior walkways. Al] lighting fixtures shall be selected, installed, and oriented to prevent glare. 9-12.110 Exceptions to property improvement standards for condominium conversions. Upon request by an applicant, the Planning Commission may approve exceptions to the property improvement standards included in Section 9-12.109(a)(5) — (9) and Section 9-12.109(b) of this Code. The nature of the exception requested shall be described in public notices for Commission hearings on the condominium conversion. The Commission may approve exceptions to property development standards only after a public hearing and if the Commission can make the findings required by Section 11-9.02 of this Code. 9-12.111 Special findings required for approval of condominium conversions. A conditional use permit for a condominium conversion may be approved only if the Planning Commission finds that the condominium conversion conforms to all provisions of this Chapter, including all conditions of approval required by Sections 9-12.108 and Section 9-12.109. The following additional findings shall be made for residential condominium conversions: (a) Prior to approval of the final map, the applicant has provided, or has made adequate provisions to provide, all notices required by this ordinance and by the Subdivision Map Act. (b)The proposed conversion will not displace a significant number of lower income or moderate- income households or senior citizens, unless the same number of rental units, of the same size and number of bedrooms, at the same rents, and in the same physical condition are offered for ter+„ rent in the City. (c) The total number of residential rental units to be converted to condominiums in any calendar year does not exceed twenty-five percent (25%) of the number of newly constructed rental multiple dwelling units that were approved for occupancy in the City in the previous calendar year. For purposes of this finding, rental multiple dwelling units" include only those dwelling units located in a multifamily structure which cannot be sold individually. This finding need not be made for residential condominium conversions of four units or less. ARTICLE 4. TENANT AND BUYER PROTECTIONS FOR RESIDENTIAL CONDOMINIUM CONVERSIONS 9-12.112 Tenants' rights. After the date of issuance of the Notice of Intent to Convert, each tenant in a proposed residential condominium conversion shall have the following rights with respect to the tenant's unit: (a) Right to Terminate Lease or Rental Agreement. The tenant may terminate a lease or rental agreement, without penalty, upon thirty (30) days notice to the owner. (b) No Unjust Eviction. Tenants who comply with the terms of their rental or lease agreements and with the written regulations of the rental property may not be evicted until the expiration of either the one hundred eighty (180)-day period specified in Section 9-12.107(h) or the extension described in 9-12.109(a)(2), whichever is later. (c) Limitations on Rent Increases. After the applicant has issued the Notice of Intent to Convert, the rent for any dwelling unit shall not be increased for a one hundred eighty (180)-day period. `4►'` After the expiration of the one hundred eighty (180)-day period, the rent for any tenant may not 163 be increased more than once annually, and such increase shall not exceed the rate of increase in the consumer price index for the same period. vrr 9-12.113 Reports to be furnished to prospective buyers. In addition to those reports required by State law and any other provisions of this Code, the applicant shall furnish each prospective purchaser of a dwelling unit with the following documents: (a) Property Condition Report (b) Approved conditional use permit, including all conditions of approval. Section 3. Chapter 12, Condominium Conversions, of Title 11, Subdivisions, of the Atascadero Municipal Code, is hereby repealed. Chapter- 12 CONDOA41NILIA4 CONVERSIONS 11.1 01 n.,,.. OSe and iRteRt z 11 12.04 Applieation requirements. 11 12.05 Aeeeptanee of- . U 12.06 Copy of Fepor-t to buyeFS. 11 12.07 Tenant p s;,,„� z 11 12.08 HeaFingl Notifieation. 11 12.09 Appheation; Required findings. 11 12.10 Property improvement standards for-eondomini OHS. 11-12.04 Purpose and4n4ePA-. dwellings, or- equity eotipled with a right of e�ielusive ooeupaney, as well as eemmen areas within multiple family hatising nofmaily managed and maintained by an 1 b existing The City has deteniiined that eondefniniuffis Eliffer- ffem apai4ments in some r-espeets and, for-the ffer- d e,tl y fry m .,...,,-t.ne t 11111 V These intended to- (a) � regulations o b fb, (b) Provide far- eamplianee with the Land Use Element and Housing Element of the City's Gene.-.,1 Dl.,,,. is ffo, d f.,« r-eh se; e housing(e) Maintain a healthy inventofy of fental suitable for- pefsens of law and moderate 14-12.02 AppliGabilitv of other laws. 164 All eandefAIRIUM.- f" Aet and Titles g and 9 of this Gede,and4A other-applieable state and leeal laws and or-dina* 11 12-03 o^^ to govern sendom Biu se 11-12.04 detailing,r-ep0q. This repei4 shall be in addition to a-Rd shall not r-eplaee any publie r-epat4 4equifed-43,Y Govemment Gede Seetion 6642-7.1(a) to be sub of Real E&6-4e---T4+e, pr-apeA5,eEmditi 3p fepoft shall inelude at least the foil the eanditliOR of all elements of the pr-apefty ineluding fBHH-atians,ventilation, utilities, ;A,alls, r-oefs, windows, meehanieal equipment, applianees whieh will be sold with the units, eenqfnon faeilities nd p-arAK-jig i s:-4l+e,+epeA--s ::1:11:1:11 9 l�: 1:::i. :�Fj i::�! i�::Ii ESt ifflEAWedgei i :]he zoning fegul-41-- f�i;s::!:i:when the last lenee that the b b ou fit. all eKplain the pr-apo-se-A- 63 Vie a] eontfaoter- e D b i b any wood b b (3) A r-epai4 of any b (b) site Plan. The aeeE)Fnp i Hu Fiber- of dwellings, and pf-a-013-dremain and for-eaeh proposed new s6naetufe; e use and type E)f su b (3) The laeatien and type )f for- all dr-i vehi b b 1 „-l. eut-s• b Thelae4ian i i e b� i statement b e 1 b (10) The leeation, type andb elevaions and per-eent slope far- all dftN,eA,aj,s ZD b � b 165 signed Gede Seetion 66427.1. The applieant shall submit evidenee that a oeftified lettef of notifioation was sent to Luce tefiant faf whaffl agne,'1-� , p of the noti is r 1 'rr .7 pot4ions ef this title. The tentative fnap applieation shall be . 4 by the deelar-atiaii e eoN,enantse i aftieles of ineor-por-ation, bylaws and eentr-aets for- the maintenanee, management of: operation of any paft of the eondefflini on pfteet, whieh would be applied on behalf of any afiEl all owner-s of the eandeminium units within the fniht be the b osed i b the eanveyanee of units; the assignFaent of par4cing; an b faeilities and b, a., estimate of. the_opinion of the Geffimunity Development-teeter will st in Qeteffrining whethef the � nrnnna,�d p Jeet will be . e stent with thf these b1 t' Y Y The GeffHn n t Development Di t h 11 establish the f;n.,1 f. ffn f the ..r d t' --- -------------✓ ""----....._ .,.....-. �............. ....� ....... .....aa ..a �,a� YavYvi�f �vuuauvaa r the DepaFtment of Real1 Estate pur-stiant to Govemment Gade Seetion 664,27.1(a) shall also be sUbMitted tE) the Gammiinity Development D Ywft va rasa f review .,hinterestedn J u form,!1-12.06 Copy of repoFt to buyers. the signed netioes of intent to oonveft, prior-to eat i - , Copies ef the PfopeAy Gandition Repo,-r shall be available .,t the sales of-fiee and the n eE;t site. (a) Notiee of Intent to Convert. The appliemit shall give eaeh temant a wFitten notioe of intent to The notice shall nt.,;n .,t least the f ll. wifi.• �.... .,v...vv ..„uu vvaa�w.aa u.�xv (1) Name and .,ddfess of etiffonr (2) Name and ,.1.,-ess of n, ,pese. subdivider-; ; (3) Appr-a*imate date en whieh the unit is to be vaeated by nonpur-ehasing tenants; (4) Tenant's right ton eh. t (C) Statement of no. nt ; (b) Tenant's Right to Pur-ohase. PoEsuant to Govefmaent Gode Seetion 6642-7.1(d), the applicant, shall give any presefit tefiant a aentfmsfer-able fight of first refusal to ptifehase the unit o6eupied . This fight 166 _ - e3itend 4 least flinety (90) days the Elat Of _4811 publie F&POA-� *me eonifnefleefReflt F Sales, h' h - f Elate 1.,to,- b b -Aeatiefl of intent 4) eonb b 11 17 08 je ring• Al�fifin�fi Pfiar- to aot4ngg anapplieations, the b b, given notieewhieh shall be 11-12.09 AnPlin tign• QegUired finrlingE An appheation fof GORE10miRium 60flver-si an shall not be appr-oved unless the fell b b a (a) All pfevisions of these Fegulatiowh*w been met of will be fnet; Plan-, b 66474 of the Govefnffient-�, moome or- der-ate q.1, tiffle when ne -equivalent b the City. 11-12.10 b C;ityt b mEl housing zoning,r-egulations in effeet on the date the applieation-fof eoliver-sion is oY .] „tos ee.,-,r (b)Fire Safety. Haoh b b aeeess to r-aams used b pufposes. b uisher-s and 1 with the e t (`•t-- ' oofaY J •' (EI) Utility Melefiii:111,11 -:1 li'll I IfIstImption eleetr-ieity, and wate. within eaeh unit shal b , separ-ately meter-ed and there shall be eir-ouit bfea-kers and shutaff valves for-eaeh unit. b ' Eaeh unit shall have pr-ovision fe-F at least one hund...I eubie feets unit, b height(4) feet and the minifaufn feet. unit, �Faetian thefeef 1013S, shall be as Parking. b , b pr-ovided in the b b ' b peoialand s b shall also be-ffhafkeEl-. 167 (l�rr)—Refur-bishing and Rester-ati6n. All stf:uetur—es, csidewalks, s, areas,landseaped and if e D (;l--iy t'" Open Spaee. There shall be pr-9`ided with easunit " minimum of one h ,1 d (1100) squafe feet of a (10) feet for- open spaee pfovided at gfound level or- six (6) feet faf open spaee pr-evided an -a X 7 (r aA) -2000 11-12.11 ExGentieRrs to nrenerty *mprGyement est nrl ri•! Upon request by a subdividef, the Planning, in order- tE)--a_ppfoVe an b' 7 e the Planning l�onif i i� rake the£'xeeption find EEjNrred by Seetion 11 9.0 Section 4. Section 11-2.09 of the Atascadero Municipal Code is hereby amended to read in full as follows: "Condominium conversion" means the .,on ersion of r^ rt„ oeeapied undef states other- than "`ominium tooeeupaney as ,.,1,.....iniu_ the conversion of existing dwelling units that have been approved for occupancy and cannot be sold individually into�nto a common interest development as defined in Civil Code Section 1351 (including a residential condominium, planned development stock cooperative or community apartment project) or into any other ownership type in which the dwelling units may be sold individually; or the conversion of existing non-residential space into a common interest development as defined in Civil Code Section 1351. Section 5. Section 11-4.02 of the Atascadero Municipal Code is hereby amended to read in full as follows: Section 11-4.02 Filing of Tentative Map; Application; Condominium Conversion The tentative map application shall be filed with the Community Development Department and shall be prepared in accordance with these regulations, the Subdivision Map Act and the Subdivision Guidelines and Standards Manual. The application shall be accompanied as many copies of the tentative map as may be required by the Community Development Director. Any application for a tentative map for a condominium conversion or for any condominium project or other common interest development as defined in Civil Code Section 1351 shall be accompanied by an application for a conditional use permit as required by Chapter 12 of Title 9 Planning and Zoning_ Section 6. All other provisions and sections of the Atascadero Municipal Code in effect on the days preceding the passage of this ordinance shall remain in full force and effect upon passage of this ordinance. 168 - - Section 7.This ordinance shall not be interpreted in any manner in conflict with controlling provisions of State law, including without limitation, the Constitution of the State of California. If any section, subsection or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. The City Council hereby declares that it would have passed each section, subsection, subdivision,paragraph, sentence, clause or phrase thereof irrespective of the fact that any one or more subsections, subdivisions, paragraphs, sentences, clauses or phrases are declared unconstitutional, invalid or ineffective. Section 8. The Mayor shall sign this Ordinance and the City Clerk shall attest thereto and shall within fifteen (15) days of its adoption cause it or a summary of it to be published in the Atascadero News, a newspaper published and circulated in the City of Atascadero; and thereupon and thereafter this Ordinance shall take effect and be in force according to law. INTRODUCED at a regular meeting of the City Council held on November 27, 2007, and PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on by the following roll call vote: AYES: NOES: vftw ABSTAIN: ABSENT: ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk Dr. George Luna, Mayor APPROVED AS TO FORM: Brian Pierik, City Attorney - 169 170 ITEM NUMBER: C-1 DATE: 11/27/07 1919 ••7 Atascadero City Council Staff Report - Public Works Department Solid Waste, Recycling and Green Waste Agreements and Information (This report addresses proposed changes in the services and fees for collection and disposal of solid waste, recycling and green waste.) RECOMMENDATIONS: Council: 1. Receive the report on the Integrated Waste Management Authority solid waste management fee; and 2. Authorize the City Manager to execute the Amended and Restated Solid Waste Collection Franchise Agreement with Atascadero Waste Alternatives; and 3. Deny the request by Chicago Grade Landfill, Inc. to amend the existing agreement between the City and Chicago Grade Landfill for the Exclusive Depositing of City Waste Collections into the Chicago Grade Landfill. REPORT-IN-BRIEF: The City of Atascadero contracts for all services related to the collection and disposal of solid waste, recycling and green waste. This report will address proposed changes in the services and fees for the services as follows: • The City is a member of the Integrated Waste Management Authority (IWMA) which provides solid waste and recycling services in San Luis Obispo County. The cost to provide these services has gone up and the revenue source has gone down. The IWMA Board passed a fee increase to address this shortfall. • Atascadero Waste Alternatives (AWA) collects solid waste, recycling and green waste in the City per a Solid Waste Collection Franchise Agreement. AWA and City Staff disagreed about the interpretation of the term of this Agreement. The 171 - City Council directed staff to negotiate with the AWA on a new agreement with new terms and modernize the new contract. • North County Recycling has an agreement with the City for the depositing and processing of recycling and green waste. The proposed contact with AWA also clarifies the services to be provided by AWA and North County Recycling. • Chicago Grade Landfill (Landfill) has an agreement with the City for the exclusive depositing of solid waste at the Landfill at a fixed rate. The Owners of the Landfill are requesting an amendment to the Agreement to allow for a $2.10 per ton rate increase in exchange for additional services. DISCUSSION: Background: Integrated Waste Management Authority (IWMA) The Integrated Waste Management Authority (IWMA) was created by a Joint Powers Agreement between the cities in San Luis Obispo County, and the County of San Luis Obispo. The mission of the IWMA is to undertake regional programs that benefit member jurisdictions, such as the household hazardous waste and school education programs, recycling coordination and other solid waste services. The main source of revenue for the IWMA is a $3.00 per ton surcharge on solid waste deposited at landfills. Last year less solid waste was going into the landfills. This could be due to increased diversion through recycling or other efforts. This has caused a decrease in revenue from the landfills for the IWMA. The IWMA operates 5 household hazardous waste facilities. The cost to operate these facilities has risen with no new revenue source implemented to cover the cost increase. This resulted in a shortfall in the IWMA budget, and the IWMA Board voted unanimously to implement a solid waste management fee on all solid waste and recycling collection services to deal with the shortfall. The fee will be effective as of January 1, 2008 as follows: • Residential Customers $0.30 (Monthly bills under $50) 2% of bill (Monthly bills over $50) • Commercial Customers 2% of monthly bill AWA will collect the fee from their consumers and forward it to the IWMA. This item is for information and no action is required by the City Council. 17-2 .► Atascadero Waste Alternatives (AWA) The City Council entered into an agreement with AWA in 1996 for the collection and disposition of solid waste, recycling and green waste. In 2006, there was disagreement between AWA and the City about the interpretation of the terms of this contract. Staff brought this issue to the City Council in 2006. The Council directed City Staff to work with AWA on a new contract that was clear on the term and other provisions. Staff has been working with AWA on a new contract since that meeting. The following are the key points of the proposed contract: • No change to residential rates • Change in commercial rate structure to encourage recycling The new contract proposes free commingled commercial recycling and a commercial solid waste rate increase of 22%. The free commingled recycling is up to 4 cubic yards collected once per week. Currently there are separate charges for refuse and recycling. In an effort to promote recycling, we combined the charges into one rate. So the net effect is a 22% increase on refuse, while the charges on bins up to 4 cubic yards have been included at no charge. The intent is to promote recycling while not raising fees. Consider the company that currently has a 4 yard solid waste bin and a 4 yard commingled recycling bin picked up once per week. The cost of the current service is $251.20 per month ($184.60 per month for solid waste and $66.60 per month for recycling). Under the new contract the cost would be $224.84 or a 10% decrease. Another example would be a company with no recycling and 4 yards of solid waste picked up once per week. The cost of this service is currently $184.60 per month. If this business recycles 50% of its solid waste and changed to 2 yards of solid waste pick up once per week, the monthly cost under the new contract Would drop to $149.44 per month (a 19% decrease in cost). If the company can recycle 75% of its waste, the monthly cost under the new contract would drop to $110.06 (a 40% decrease in cost). If the company has 4 yards of solid waste picked up once per week and does not recycle the rate goes from $184.60 to $224.84, at 22% increase. • Franchise fee increase from 5% to 10% The City receives a franchise fee from the contractor for the right to operate in the City. The fee is based on gross revenue collected by the contractor. The typical gross revenues are approximately $332,000 per month. Therefore the franchise will increase from approximately $16,500 to $33,000 per month. 173 • Percentage of Consumer Price Index (CPI) annual increase is decreased `✓ Rates to consumers are adjusted annually for inflation. In the existing contract the adjustment is 100% of CPI, but limited to not more than 5%, on May 1 st each year. If the CPI was 3.5%, the rates would go up by 3.5%. In the proposed new contract the adjustment would be 85% of CPI on January 1St each year. If the CPI was 3.5%, the rates would go up by 2.97%. • Contract Term This proposed contract is for 7 years with (3) 1-year extensions possible. This will change the current type of agreement. • Recycling North County Recycling has a contract with the City for the depositing and processing of commingled recycling and green waste. AWA was to receive all the clean cardboard for processing. Under the proposed agreement between AWA, North County Recycling and the City, all commercial recycling, including clean cardboard, will be collected commingled by AWA and will be delivered to North County Recycling for processing. This will allow commercial accounts to have one bin for commingled recycling instead of one for commingled recycling and one for clean separated cardboard. Listed below is a comparison of monthly local residential garbage rates for a 60 gallon garbage container (this includes recycling and green waste): Residential Garbage Rates Atascadero $33.00 Paso Robles $33.25 North County Unincorporated Areas 34.67 Based on the above information, Staff recommends approval of the new Agreement with AWA. Chicago Grade Landfill Chicago Grade Landfill is located east of Atascadero on Homestead Road. The City has an exclusive agreement with Chicago Grade Landfill (Landfill) until June 30, 2011 for the depositing of solid waste at the Landfill. What that means is that all solid waste collected by AWA will be deposited at the Landfill. In return for this exclusive agreement, the rate for landfill disposal is fixed at $39.90 per ton. The City also receives a $1.00 ton franchise fee and a fixed rate of wastewater sludge disposal of $14.00 per ton. 174 Staff has been contacted by the owners of the Chicago Grade Landfill with a request to amend the current agreement to allow a $2.10 per ton increase. If approved, this would cause residential rates to go up by $0.14 and commercial rates to go up by $2.00. Following are reasons the owner of the Landfill have given for the rate increase request: • Decrease in landfill revenue. Last year, the buried tonnage at Chicago Grade Landfill decreased for the fist time in 5 years (see chart below). This could be caused by the levels of recycling increasing or by economic and housing slowdown. The buried tonnage is down, so revenues are down. The owner of the Landfill says the trend for buried tonnage is down for 2007 also. Annual Buried Tonnage Chicago Grade Landfill 2006 79,763 2005 85,812 2004 84,234 2003 75,283 2002 166,711 2001 141,518 • Recycling Costs r The Landfill currently has recycling bins located at the front gate that are free for the public to use. In the past, they were emptied for free by Atascadero Waste Alternatives based on a verbal agreement. North County Recycling has taken over the processing of recycling from Atascadero Waste Alternative and charges the Landfill to empty these recycle bins. The Owner of the Landfill says they cannot afford to offer this free service. • Construction/Demolition Facility The City of Atascadero requires that 50% of construction waste and debris from demolition at construction sites be recycled. Construction/demolition facilities take in the construction waste and debris, sort the material and recycle over 50% of it. The contractor receives a receipt from the construction/demolition facility that over 50% of the material is recycled. The Landfill and North County Recycling both offer commingled construction/demolition recycling at $45.00 per ton. North County Recycling offers separated construction/demolition recycling at $35.00 per ton. The Landfill did not offer commingled construction/demotion recycling when they entered into the agreement with the City. They say they are losing money on this service at $45.00 per ton. err _ _ 175 • Request of County Auditor The County has an ordinance that regulates landfill rates and sets disposal rates at landfills located in the unincorporated area of the County. Chicago Grade Landfill is attempting to resolve its current imbalance between expenses and revenue by cutting costs and by processing a rate increase through the County. The City is currently receiving a rate that is $1.00 less than the County and, if the County rate increase is approved, the City rate will be even greater. The Owner of the Chicago Grade has said he is under pressure from the County Auditor to equalize the rates between City and County customers. The County has no authority over the agreement between the Landfill and the City and the City has not been contacted by the County Auditor. Chicago Grade Landfill wishes to maintain the existing waste disposal agreement with a $2.10 per ton increase and proposes to offer services that benefit the City in exchange for that rate adjustment. Following is a list of the 4 proposed serves: 1. Operation of a construction/demolition facility The Landfill will continue to operation of a construction/demolition facility. The rate would not exceed the San Luis Obispo County rate for uncompacted waste which is currently at $45.00 per ton. 2. Free recycling The Landfill will continue to offer free recycling at the Landfill. 3. Litter pick-up on State Highway 41 between Capistrano and Homestead Roads The Owner of the Landfill will participate in Caltrans adopt-a-road Program on SR 41 from Capistrano and Homestead Roads to reduce litter. 4. Free sewage disposal of sludge from the Atascadero Wastewater Treatment Plant The Wastewater Treatment Plant produces sludge that is annually dredged off the bottom of the wastewater ponds and dried in drying bed. The sludge is then shipped to the Landfill when dried. The City currently pays a fixed rate of $14 per ton for wastewater sludge disposal per our agreement. The City deposited approximately 832 tons of sludge over the last 5 years at a cost of $11,648. The Landfill proposes to provide this service for free if the amended agreement is approved. 176 Following is City Staff's analysis of the offer: 1. Operation of a construction/demolition facility The Landfill chose to offer this service. North County Recycling also offers this service at the same price as the Landfill ($45.00 per ton). Staff does support construction/demolition recycling but we do not support the solid waste rate payer subsidizing this service. 2. Free recycling Recycling is included in residential service offer by Atascadero Waste Alternatives and would be free for commercial accounts under the proposed contract with Atascadero Waste Alternative. Staff does not recommend a rate increase to pay for free recycling at the Landfill when all Atascadero customers will have recycling pickup. The City residents would be subsidizing recycling services for County residents. 3. Litter pick-up on State Highway 41 between Capistrano and Homestead Roads To "adopt a road", through Caltrans, a company has to sign up and be trained. There is no cost in this program. The company then uses their own forces to pick up the litter or hires someone to do it. This portion of State Highway 41 is located outside the City of Atascadero in the County of San Luis Obispo. People throughout the County use Chicago Grade Landfill. Staff does not support an Atascadero garbage rate increase to pay Chicago Grade Landfill to pick up litter on State Route 41. 4. Free sewage disposal of sludge from the Atascadero Wastewater Treatment Plant The Wastewater Treatment Plant serves approximately half the City. The other half is on septic systems. The cost for wastewater sludge disposal is funded under the current wastewater rate structure. If the City were to receive free disposal of the sludge, the wastewater account would benefit. This would only benefit residences and business on sewer. Solid waste rates for all accounts in Atascadero would rise to pay for the $2.10 per ton Landfill rate increase. This would unfairly provide a decrease in costs for the Wastewater Account and the decrease would be funded by all solid waste accounts in Atascadero. Staff does not support this offer for free sludge disposal. Based on the above information, staff does not support the request for a $2.10 per ton rate increase. 177 Conclusion: 1180,1 Integrated Waste Management Authority The City of Atascadero is a member of the IWMA by a Joint Powers Agreement. The IWMA Board unanimously approved the solid waste management fee and it will be added to the bills submitted by AWA. Atascadero Waste Alternatives City Staff has worked in good faith with AWA on the proposed Agreement. The new agreement has many benefits for the City, as listed in the staff report, and City and IWMA Staff are recommending its approval. Chicago Grade Landfill City Staff does not recommend approval of a rate increase at the Landfill. The City has an Exclusive Depositing Agreement with Landfill that fixes compacted depositing rates until 2011. The added services offered by the Landfill do not support a rate increase. FISCAL IMPACT: • Listed below is a summary of all the account rate changes discussed in this staff report. Account Rate Changes Service Provider Residential Commercial ✓ $0.30 per month for bills Integrated Waste under $50 ✓ 2% rate increase Management Authority I ✓ 2% rate increase for bills over $50 ✓ 22% increase on solid Atascadero Waste ✓ No increase waste 11 Alternatives ✓ Free recycling North County Recycling ✓ No Increase ✓ No Increase Chicago Grade Landfill ✓ $0.14 eer month ✓ $2.00 per month • The franchise fee from AWA increase from 5% to 10%, if the new Agreement is approved. The franchise fee is based on gross revenue collected from AWA. The new annual franchise fee will be approximately $395,000.00, which reflects a $197,500 increase. ALTERNATIVES: 1. Do not approve Atascadero Waste Alternatives proposed Agreement and direct staff to open negotiations on specific points. 2. Do not approve Atascadero Waste Alternatives proposed Agreement and direct staff to request proposals from waste haulers. This option may be disputed by 11604 178 Atascadero Waste Alternatives, since they believe there are many more years on Nr their existing contract and the City and they have been negotiating in good faith. 3. Direct staff to negotiate with Chicago Grade Landfill on a amended agreement to allow a rate increase. ATTACHMENTS: Exhibit A - Memo from Integrated Waste Management Authority on the rate increase. Exhibit B - Proposed Agreement with Atascadero Waste Alternatives. - 179 180 EXHIBIT A , San Luis Obispo Lounty Integrated Waste Management Authority : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IWMA BOARD MEMBERS Jerry Lenthall, President San Luis Obispo County : September 18, 2007 :hristine Mulholland. Vice President • RECENED City of San Luis Obispo : Ed Arnold, City of Atascadero SEP 1 9 2607 City of Arroyo Grande Mr. Wade McKinney, City Manager 6905 El Camino Real Suite 6 CITY OF ATASCA7_ Ellen Beraud, Atascadero, CA 93422 CITY MANAGER'S �C: City of Atascadero Chuck Ashton, Subject: Solid Waste Management Fee City of Grover Beach De y�f Mr. �Ic ey: Melody DeMeritt, City of Morro Bay : At the IWMA Board Meeting on September 12, the IWMA Board voted unanimously to implement an AB 939 fee on all solid waste and recycling John Hamon, City of Paso Robles ; collection service. Effective January 1, 2008 any company which has a solid waste and recycling franchise agreement will collect from residential Ted Ehring, customers a fee of 30 cents per month and from commercial customers a City of Pismo Beach fee equal to 2 percent of the monthly bill. The company will pay this fee to the IWMA. For more details on this fee and when payment is due, Katcho Achadjian, San Luis Obispo County : please see the attached resolution. Bruce Gibson, Background San Luis Obispo County : For the last several years, IWMA expenses have exceeded IWMA revenues. The IWMA has used its surplus to offset the shortfall,but the Harry Ovitt, surplus is essentially gone. San Luis Obispo County ; Jim Patterson. : The primary source of revenue for the IWMA is a$3.00 per ton surcharge San Luis Obispo County : on garbage disposed of at the local landfills. This surcharge was implemented in 1991 and has not changed for the last 16 years. With the Dave Brooks. Authorized Districts reduction in the amount of waste being landfilled,the revenue has decreased. Bill Worrell, Manager ; Carolyn Goodrich, Secretary Peter Cron, Staff Analyst Since 1997, the IWMA has built and operates five household hazardous : Raymond A. Biering, Counsel : waste facilities. Each year the amount of household hazardous waste has increased and currently exceeds 600,000 pounds per year. This year more 870 Street San Luis Obisspo,, CA 9401 an than 50 percent of the IWMA's revenue will be needed to offset the cost of CA operating the household hazardous waste program. The cost to operate 805/782.8550 : this program was not anticipated when the tip fee surcharge was FAX 805/782-8529 : established in 1991. E-mail: iwma@iwma.com . Recycling, Compost B1 Haz. ; Waste Info. 800/400-0811 School Programs Information ; 805/782-8424 — ` ®Printed on 100%recycled(10096 post-consu.1.881.,leper City of Atascadero September 18, 2007 Page 2 Beginning with our March Board Meeting, the IWMA Board looked at six alternatives to either increase revenues or decrease expenses. Based on the review of the alternatives, the Board approved the above-mentioned fee increase. Necessary Action The AB 939 fee is effective on January 1, 2008. The IWMA considers this fee a pass through cost in that neither the jurisdiction nor the company will receive any financial gain. Based on your specific franchise agreement, you may or may not need to take a formal action to implement this increase as a pass through. If your attorney has any questions regarding your specific situation,please feel free to contact IWMA's attorney,Ray Biering (543-0990). As part of our outreach, the IWMA will also be working with the solid waste and recycling companies to ensure a smooth implementation of the AB 939 fee. If you have any questions or need any assistance,please call me (782-8530). Sincerely, Zvi William A. Worrell Manager Attachment: Resolution 07-03(c) 182 RESOLUTION NO. 07-03 (c) RESOLUTION OF THE SAN LUIS OBISPO COUNTY INTEGRATED WASTE MANAGEMENT AUTHORITY ADOPTING A SOLID WASTE MANAGEMENT FEE WHEREAS, this Resolution provides the revenue to fund the reasonable and necessary costs incurred by the San Luis Obispo County Integrated Waste Management Authority(IWMA) in the preparation, maintenance, adoption and implementation of the Countywide Integrated Waste Management Plan mandated by Section 40000 et seq. of the Public Resources Code, which includes,but is not limited to,providing IWMA staff, operation of the County level of the State's Disposal Reporting System,operating the Household Hazardous Waste Facilities and other functions included in the adopted FY 07-08 budget; and WHEREAS, Sections 41901 and 41902 of the Public Resources Code authorize the establishment and collection of a fee in order to fund the reasonable and necessary costs incurred by the IWMA in the preparation, maintenance, adoption and implementation of the Countywide Integrated Waste Management Plan mandated by Section 40000 et seq. of the Public Resources Code; and WHEREAS, Section 5.2 of the IWMA Joint Powers Agreement granted the IWMA such powers that each Member could exercise separately; and WHEREAS, this Resolution imposes a solid waste management fee on any Company which has an agreement with a governmental entity to collect garbage in San Luis Obispo County; WHEREAS, this Resolution imposes a solid waste management fee on any Company which possesses a permit issued by the County of San Luis Obispo, Division of Environmental Health pursuant to County Code Chapter 8.12.501. NOW,THEREFORE,BE IT RESOLVED, that the San Luis Obispo County Integrated Waste Management Authority: 1. PaXment of Fees. Effective January 1, 2008, any company that has an agreement with a governmental entity (including the County of San Luis Obispo, an incorporated city, or a district empowered to regulate or provide for solid waste collection)to exclusively collect garbage in San Luis Obispo County, or possesses a permit issued by the County of San Luis Obispo,Division of Environmental Health pursuant to County Code Chapter 8.12.501, shall be liable for the payment of the applicable solid waste management fee. The solid waste management fee shall become due and payable on the 15th day of each month for the solid waste disposed of during the preceding month. Fees shall be deemed delinquent 30 days after they are due and payable and shall be subject to the late-payment provisions set forth 183 4. Delinquent Solid Waste Management Fees. In the event that any payment is not received within thirty(30) days after it is due,the hauler shall pay interest on the outstanding balance at the rate of one and one-half percent (1.5%)per month from the date of owner's failure to pay. PASSED AND ADOPTED,this 12 day of September 2007,by the following roll call vote: Achadjian,Ashton,Beraud, Brooks, DeMeritt, Ehring, Gibson, Hamon, AYES: Mulholland, Ovitt,Patterson, Lenthall NOES: None ABSTAIN: None ABSENT: Arnold Jef Lent l , President AT/TE/ST: lam✓ 1h A Z)/Z/ William A. Worrell, Manager APPROVED AS TO FORM AND LEGAL EFFECT: Y Raymo A. Biering 'Counsel 184 EXHIBIT B AMENDED AND RESTATED SOLID WASTE COLLECTION FRANCHISE AGREEMENT This Amended and Restated Solid Waste Collection Franchise Agreement (this "Agreement") is entered into on the 27th day of November, 2007 by and between the City of Atascadero, a political subdivision of the State of California ("City") and U.S.A. Waste of California, Inc., d/b/a Atascadero Waste Alternatives, a Delaware corporation ("Contractor") for Contractor to provide garbage, recycling and greenwaste services within the incorporated limits of City. RECITALS WHEREAS the City and Contractor are parties to that certain Solid Waste Franchise Agreement(the "Prior Agreement") dated May 1, 1996,which was approved by a Resolution of the City Council; and WHEREAS the City and Contractor have entered into three subsequent amendments, modifying certain provisions of the Prior Agreement, and adding certain disposal and processing requirements; and WHEREAS City and Contractor now desire to further amend and restate, in its entirety, the Prior Agreement, as set forth herein; and WHEREAS the Legislature of the State of California, by enactment of the California Integrated Waste Management Act of 1989 (AB 939) Division 30 of the California Public Resources Code, commencing with §40000, has declared that it is within the public interest to authorize and require local agencies to make adequate provisions for Recyclable Materials handling within their jurisdictions; and WHEREAS the separate Collection, processing and marketing of Recyclable Materials for beneficial reuse or Recycling was selected in the City's Source Reduction and Recycling Element adopted in 1994, hereinafter referred to as the SRRE, as a means of meeting the 1995 and 2000 State mandated diversion goals of AB 939; and WHEREAS the City has determined that an Agreement granted to a private company for the Collection, processing and marketing of commercial and residential Recyclable Materials is the most effective and efficient way to collect and divert commercial and residential Recyclable Materials within the City; and WHEREAS the City declares its intention of maintaining reasonable rates and high quality service for Garbage Service and the Collection, processing, and marketing of Recyclable Materials; and WHEREAS the Contractor is responsible for arranging for commercial and residential Recyclable Materials Collection, processing and marketing services; and WHEREAS this Agreement has been developed by and is satisfactory to the parties. NOW, THEREFORE, for and in consideration of the mutual promises herein contained, Atascadero Solid Waste Collection Franchise Agreement (November 27, 2007)Page 1 185 the adequacy of which is hereby acknowledged, it is hereby agreed by and between the City and Contractor as follows: "Of ARTICLE 1 DEFINITIONS 1.1 "AB 939" means the California Integrated Waste Management Act of 1989, as it may be amended from time to time. 1.2 "Affiliate" means all businesses (including corporations, limited and general partnerships and sole proprietorships) which are directly or indirectly related to Contractor by virtue of direct or indirect common ownership interest or common management shall be deemed to be "Affiliated with" Contractor and included within the term "Affiliates with" Contractor and included within the "Affiliates" as used herein. An Affiliate shall include a business in which Contractor owns a direct or indirect ownership interest, a business which has a direct or indirect ownership interest in Contractor and/or a business which is also owned, controlled or managed by any business or individual which has a direct or indirect ownership interest exists, the constructive ownership provisions of Section 318(a) of the Internal Revenue Code of 1986, as in effect on the date of this Agreement, shall apply; provided, however, that(i) "ten percent (10%)" shall be substituted for "fifty percent (50%)" in Section 318(a)(2)(C) and in Section 318(a)(3)(C) thereof; and (ii) Section 318(a)(5)(C) shall be disregarded. For purposes of determining ownership under this paragraph and constructive or indirect ownership under Section 318(a), ownership interest of less than ten percent (10%) shall be determined on the basis of the percentage of voting interest or value which the ownership interest represents,whichever is greater. 1.3 "Agreement" means this residential and commercial Amended and Restated Solid Waste Collection Franchise Agreement (including all exhibits and attachments, and any amendments thereto)between City and Contractor. 1.4 "Billings" means any and all statements of charges for services rendered by Contractor pursuant to this Agreement. 1.5 "California Integrated Waste Management Act of 1989" means Public Resources Code, §40000 et. sea. 1.6 "City" means the City of Atascadero, a political subdivision of the State of California, and all the territory lying within the municipal boundaries of the City as presently existing or as such boundaries may be modified during the term, acting through the City Council or the City Manager. 1.7 "Collect" or"Collection" means to take physical possession, transport, and remove Garbage and Recyclable Materials within and from the City. 1.8.1 "Commercially Generated Recyclable Materials" means Recyclable Materials generated at commercial, governmental and/or industrial property and separated by the Waste Generator for Collection. 1.9 "Container" means any waste wheeler can or bin used for Collection and storing of Garbage or Recyclable Materials before removal. , Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 2 186 1.10 "Contractor" means, USA Waste of California, Inc., d/b/a Atascadero Waste Alternatives, VOW and its officers, directors, employees, agents, companies and subcontractors where applicable. 1.11 "Environmental Laws" means all federal and state statutes, county, local and City ordinances and regulations concerning public health, safety and the environment including, by way of example and not limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 USC 9601 et seg.; the Resource Conservation and Recovery Act, 42 USC 6901 et seq.; the Federal Clean Water Act, 33 USC 1251 et se .; the Toxic Substances Control Act, 15 USC 2601 et seq.; the Occupational Safety and Health Act, 29 USC 651 et se .; the California Hazardous Waste Control Law, California Health and Safety Code §25100 et seq.; the California Hazardous Substances Account Act, California Health and Safety Code §25300 et seg.; the Safe Drinking Water and Toxic Enforcement Act, California Health and Safety Code §25249.5 et sm.; currently in force and as hereinafter amended, and all rules and regulations promulgated there under. 1.12 "Facility" means any plant or site, owned or leased and maintained and/or operated or used by Contractor for the purposes of performing the duties to fulfill this Agreement. 1.13 "Fiscal Year" means the period commencing January 1 and concluding December 31. 1.14 "Force Majeure" see section 12.4 for definition. 1.15 "Garbage" means solid waste comprised of rubbish, trash and refuse. 1.16 "Gross Revenues Collected" means any and all revenue or compensation actually collected by Contractor from customers under this Agreement for the exclusive collection, transportation, processing, recycling and disposal of Solid Waste, Recyclables, and Green Waste within the City, in accordance with Generally Accepted Accounting Principals (GAAP), net of Franchise Fees and AB 939 fees. The term Gross Revenues, for purposes of this Agreement, shall not include any: a) City, or other federal, state, or local taxes or surcharges; b) any customer late fees, NSF charges, interest, or reactivation charges; or c) any revenues generated from the sale of Recyclables or any recycling rebates received from the State. 1.17 "Hazardous Waste" means any discarded material or mixture of materials, which is toxic, corrosive, flammable, radioactive or which, because of its quantity, concentration, physical, chemical or infectious characteristics may do harm to either humans, animals or the environment, or as defined in Section 2, Chapter 6.5 §25117 of the Health and Safety Code and Public Resources Code §40141. 1.18 "Materials Recovery Facility" means a permitted Facility where Solid Waste or Recyclable Materials are sorted, processed, transferred or separated for the purposes of Recycling or reuse. 1.19 "Multifamily Dwelling Unit" means any Premises, other than a Single Family Dwelling Unit, used for residential purposes, irrespective of whether residence therein is transient, temporary or permanent. 1.20 "Owner" means the person holding the legal title to the real property constituting the Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 3 187 Premises to which solid waste collection service is to be provided under this Agreement. 1.21 "Person" means any individual, firm, association, organization, partnership, corporation, business trust, joint venture, the United States, the State of California, the County of San Luis Obispo, local agencies, cities and special purpose districts. 1.22 "Premises" means any land or building in the City where Solid Waste is generated or accumulated. 1.23 "Recyclable Materials" means by-products or discards set aside, handled, packaged or offered for Collection from residential, commercial, governmental or industrial customers in a manner different from Solid Waste. Including, but not limited to, aluminum, newspaper, clear and colored glass, tin and bi-metal, all plastic containers, cardboard, chipboard, magazines, mixed paper (including magazines, phone books and junk mail) and motor oil and filters (separately collected). Greenwaste material is included in this definition, but is collected separately from other Recyclable Materials, and includes grass clippings, leaves,weeds, brush,wood, Christmas Trees and branches. 1.24 "Recycling" means the process of separating for Collection, Collecting, treating and/or reconstituting Recyclable Materials which would otherwise be discarded without receiving compensation or returning them to the economy in the form of raw materials for new, reused, or reconstituted products. The Collection, transfer, transportation or disposal of Recyclable Materials not intended for, or capable of, reuse is not Recycling. 1.25 "Related Party Entity" means any Affiliate that has financial transactions with Contractor. 1.26 "Residential Recyclable Materials" means Recyclable Materials generated at Single Family Dwelling Units and separated by the Waste Generator for Collection. 1.27 "Single Family Dwelling Unit" means each Premises used for or designated as a single family residential dwelling, including each unit of a duplex or triplex in all cases in which there is separate or individual Solid Waste Collection services. 1.28 "Solid Waste" means all putrescible and non-putrescible refuse, garbage, rubbish, and Recyclable Materials, and as otherwise defined in Public Resources Code §40191. 1.29 "Term" means the term of this Agreement, as provided for in Article 3. 1.30 "Transfer Station" includes those facilities used to receive solid wastes, temporarily store, separate, convert, or otherwise process the materials in the solid wastes, or to transfer the solid wastes directly from smaller to larger vehicles for transport and those facilities used for transformations. 1.31 "Waste Generator" means any Person as defined by the Public Resources Code, whose act or process produces Solid Waste as defined in the Public Resources Code, or whose act first causes Solid Waste to become subject to regulation. ARTICLE 2 REPRESENTATIONS AND WARRANTIES OF CONTRACTOR 141001 Atascadero Solid Waste Collection Franchise Agreement (November 27, 2007)Page 4 188 2.1 Contractor Status ,, Contractor shall be an independent contractor and not an agent or employee of the City. 2.2 Contractor Authorization Contractor has the authority to enter into and perform its obligations under this Agreement. The Board of Directors and Contractor (or the shareholders, if necessary) have taken all actions required by law, its articles of incorporation, its bylaws or otherwise to authorize the execution of this Agreement. The persons signing this Agreement on behalf of Contractor have the authority to do so. 2.3 Compliance With Laws and Regulations Contractor shall comply with all existing and future City, county, state, and federal laws, including all Environmental Laws. 2.4 Grant and Acceptance of Agreement Subject to Article 3.4(Conditions of the Effectiveness of Agreement), City hereby grants to Contractor the exclusive right and privilege to collect and dispose all Solid Wastes generated and/or accumulated within City. Subject to Article 4.2 City also hereby grants to Contractor the exclusive right and privilege to collect Recyclable Materials including greenwaste generated and/or accumulated at Single Family and Multi-family dwelling units in the City and Commercially Generated Recyclable Materials including greenwaste that are offered for Collection to Contractor in accordance with this Agreement. Contractor shall perform all duties required under this Agreement in accordance with all applicable current and future federal, state, and local laws and regulations at rates established by this Agreement and by City pursuant to the procedures set forth herein. For purposes of this Agreement, said laws, rules, and regulations shall include but not be limited to any policy, resolution, or ordinance adopted by a duly constituted governing body of a public agency, including joint powers authorities and districts. Contractor hereby accepts the Agreement on the terms and conditions set forth in this Agreement. 2.5 Serve Without Interruption Contractor shall perform all duties throughout the term of this Agreement without interruption. 2.6 Permits and Licenses Contractor shall procure, and keep in full force and affect, all permits and licenses, pay all charges and fees, and give all notices as necessary. In addition, any property owned or used by the Contractor in Atascadero shall be kept in a clean and orderly condition consistent with industry standard and the trucking yard located at 7675 San Luis Avenue shall not be used to store or transfer solid waste or recyclables without the approval of Atascadero. 2.7 Preservation of City Property Contractor shall pay to the City, on demand, the cost of all repairs to public property made necessary by any of the operations of Contractor under this Agreement directly caused by Contractor. Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007) Page 5 189 ARTICLE 3 TERM OF AGREEMENT wool 3.1 Effective Date The effective date of this Agreement shall be January 1, 2008 (the "Effective Date"). 3.2 Term of Agreement The term of this Agreement shall be seven (7) years commencing on the Effective Date and expiring seven years thereafter, unless extended by the parties as provided in Article 3.3 (Option to Extend). In the event of a change of law which would render the collection and disposal services to be implemented under this Agreement illegal, the City reserves the right to terminate this Agreement upon the giving of a six (6) month prior written notice of City's election to so terminate this Agreement. 3.3 Option to Extend The City shall have the sole option to extend this Agreement up to 36 months in periods of at least twelve (12) months each. If City elects to exercise this option, it shall give written notice not later than one hundred eighty (180) days prior to the initial termination date, or, if one extension has been exercised, one hundred eighty (180) days prior to the extended termination date. The terms and conditions of this Agreement shall be applicable during said extension option unless the parties mutually agree upon any changes. 3.4 Conditions to Effectiveness of Agreement The obligation of City to permit this Agreement to become effective and to perform its undertakings provided for in this Agreement is subject to the satisfaction of each and all of the conditions set out below, each of which may be waived in whole or in part by City. A. Accuracy of Representations. The representations and warranties made by Contractor throughout this Agreement are accurate, true and correct on and as of the effective date of this Agreement. B. Absence of Litigation. There is no litigation pending in any court challenging the award of this Agreement to Contractor or the execution of this Agreement or seeking to restrain or enjoin its performance. C. Furnishing of Insurance and Performance Bond. At least 30 (thirty) calendar days before the effective date of the Agreement, the Contractor shall provide proof of insurance in the form, coverages, and amounts specified in Article D of these specifications and the performance bond set forth in Section 10.5. D. Effectiveness of City Council Action. The City's approving this Agreement shall become effective pursuant to California law on or prior to the effective date of this Agreement. Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 6 190 ARTICLE 4 SCOPE OF AGREEMENT 4.1 Scope of Agreement Subject to Article 4.2 (Limitations to Scope), the Agreement granted to Contractor shall be exclusive for Solid Waste, Recyclable Materials, and greenwaste, except where otherwise precluded by law. This Agreement does not include construction and demolition debris, however, the City reserves the right to add construction and demolition debris, at its discretion, at some point in the future. 4.2 Limitations to Scope The Agreement for the Collection, processing and marketing of Recyclable Materials granted to Contractor shall be exclusive except as to the following categories of Recyclable Materials listed in this Article. The granting of this Agreement shall not preclude the categories of Recyclable Materials listed below from being delivered to and Collected and transported by others provided that nothing in this Agreement is intended to or shall be construed to excuse any person from obtaining any authorization from City that is otherwise required by law: A. Recyclable Materials separated from Solid Waste by the Waste Generator and for which Waste Generator sells or is otherwise compensated by a collector in a manner resulting in a net payment to the Waste Generator for such Recycling or related services. B. Recyclable Materials donated to a charitable, environmental or other non-profit Afte organization. C. Recyclable Materials which are separated at any Premises and which are transported by the owner or occupant of such Premises (or by his/her full-time employee) to a recycling center; D. Other Governmental Agencies within the City which can contract for separate solid waste and recycling services; and, E. The City may contract with third parties to process and market Recyclable Materials and may direct the Contractor to deliver Recyclable Materials collected by the Contractor under this Agreement to such third parties for processing. This Agreement to Collect, transport, process, and market Recyclable Materials shall be interpreted to be consistent with state and federal laws, now and during the term of the Agreement, and the scope of this Agreement shall be limited by current and developing state and federal laws with regard to Recyclable Materials handling, Recyclable Materials flow control, and related doctrines. In the event that changes in law limit the ability of the City to lawfully provide for the scope of services as specifically set forth herein, Contractor and City agree to work in good faith to amend the scope of the Agreement so as to comply with such changes in law, and the City shall not be responsible for any lost profits and/or damages claimed by the Contractor as a result of changes in law. 4.3 Administration of Agreement The City Manager or his designee shall administer this Agreement and shall supervise Contractor compliance with the Agreement terms and conditions. Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 7 1-91 4.4 Use of City Streets Contractor shall have the right and privilege to operate Collection vehicles and equipment on any and all streets, public ways, rights-of--way, or easements of the City. 4.5 City Request to Direct ChanLes 4.5.1 General City may request Contractor to perform additional services (including new diversion programs, etc.) or modify the manner in which it performs existing services. Pilot programs and innovative services that may entail new Collection methods, different kinds of services and/or new requirements for Waste Generators are included among the kinds of changes that City may request. Contractor shall present, within 30 days of a request to do so by City, a proposal to provide additional or expanded diversion services pursuant to the terms of Article 4.5.2. Contractor shall be entitled to an adjustment in its compensation in accordance with Article 8.9 (Extraordinary Adjustments), for providing such additional or modified services. 4.5.2 New Diversion Programs Contractor shall present, within 30 days of a request to do so by City, a proposal to provide additional or expanded diversion or other services. The proposal shall contain a complete description of the following: a. Collection methodology to be employed (equipment, manpower, etc.) b. Equipment to be utilized (vehicle number, types, capacity, age, etc.). c. Labor requirements (number of employees by classification). d. Type of Containers to be utilized. e. Provision for program publicity/education/marketing. f. Materials Recovery Facility to be utilized for diversion and/or recovery of materials. g. A projection of the financial results of the program's operations for the remaining Term of the Agreement in a balance sheet and operating statement format including documentation of the key assumptions underlying the projections and the support for those assumptions. 4.5.3 City's Right to Acquire Services If pursuant to Article 4.5.2 (New Diversion Programs), Contractor and City cannot agree on terms and conditions of such new services in ninety (90) days from the date when City first requests a proposal from Contractor to perform such services, Contractor acknowledges and agrees that City may permit Persons other than Contractor to provide such services. 4.6 Ownership of Garbage and Recyclable Materials All Solid Waste Collected, removed, and transported by Contractor from the Premises where produced, generated, and/or accumulated pursuant to this Agreement shall be the property and responsibility of Contractor. Notwithstanding the foregoing, Contractor shall have no duty or obligation to collect any Hazardous Waste or other material that does not meet the definition of Solid Waste, and ownership of all such non-conforming materials shall remain with the Waste Generator. Once Recyclable Materials are placed in Containers and properly presented for Collection, ownership and the right to possession shall transfer directly from the Generator to Contractor by operation of this Agreement. Contractor is hereby granted the right to retain, recycle, process, reuse, and otherwise use such Recyclable Materials or any part Atascadero Solid Waste Collection Franchise Agreement (November 27, 2007)Page 8 192 thereof, in any lawful fashion or for any lawful purpose consistent with the hierarchy and Vow goals of AB 939. Subject to the provisions of this Agreement, Contractor shall have the right to retain any benefit resulting from its right to retain, recycle, process or reuse the Recyclable Materials that it Collects. Recyclable Materials or any part thereof, which are delivered to a Facility (processing Facility, transformation Facility, transfer station, or Material Recovery Facility) shall become the property of the owner or operator of the Facility(ies) once deposited there by Contractor. The Parties acknowledge that City has the right to direct Contractor to deliver Recyclable Materials including greenwaste Collected by Contractor to a third party for processing, marketing and sale. On June 1, 2004 the City entered into a non-exclusive agreement with North San Luis Obispo County Inc. to process and market Recyclable Materials Collected by the Contractor in the City for a 10 year period ( the "Third Party Processing Agreement"). Separated cardboard collected from commercial customers in the City is not included in the Third Party Processing Agreement. For as long as this Third Party Processing Agreement remains in force, the City acknowledges and agrees that it shall require North San Luis Obispo County, Inc., to comply with all relevant terms and conditions of this Agreement and to ensure the proper handling and diversion of Recyclables by North San Luis Obispo County, Inc. 4.7 City's Riaht To Perform Service; Taying of Improper Set-Outs In the event Contractor fails to Collect, remove, and dispose of Garbage or Recyclable Material on a customer's regularly scheduled Collection day, within twenty-four (24) hours of a request from City or a customer to do so, City may collect said materials and Contractor shall be liable for all related expenses incurred by City. Such expenses include but are not limited to disposal, administrative, and legal costs. Contractor shall reimburse City for such expenses as required. In the event Contractor does not Collect any item or Container of Solid Waste, Recyclable Materials or greenwaste material due to a customer's non-compliance with rules and regulations for proper set-out, if possible Contractor shall attach a tag securely to the item or container not Collected specifying the reasons for non-collection. The tag shall contain Contractor's name and telephone number. ARTICLE 5 DIRECT SERVICES 5.1 General The work to be done by Contractor pursuant to this Agreement shall include the furnishing of all labor, supervision, equipment, materials, supplies, and all other items necessary to perform the services, as set forth in this Agreement. The enumeration of, and specification of requirements for, particular items of labor or equipment shall not relieve Contractor of the duty to furnish all others, as may be required, whether enumerated or not. The work to be done by Contractor pursuant to this Agreement shall be accomplished in a thorough and professional manner so that the residents and businesses within the City are provided reliable, courteous and high-quality Garbage and Recycling Collection services at all times. The enumeration of, and specification of requirements for, particular aspects of service quality shall not relieve Contractor of the duty of accomplishing all other aspects in the manner provided in this Article, whether such aspects are enumerated elsewhere in the Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 9 193 Agreement or not. 5.2 Garbage. Recycling and Greenwaste Services Contractor shall provide weekly Collection of Garbage for all places and Premises within City, or such other level of service as may be determined by City with the consent of Contractor and at rates established by this Agreement. Contractor shall provide more frequent Collection services at rates established by this Agreement for those Premises within the City that generate larger volumes of Solid Waste. Contractor shall Collect and remove all Recyclable Materials and greenwaste placed in Containers (one Container for all commingled Recyclable Materials and a second Container for greenwaste) at the designated Collection locations for Single Family Dwelling Units and Multifamily Dwelling Units and shall also collect and remove all Commercially Generated Recyclable Materials including greenwaste, all at the rates established by this Agreement. Residential Recyclable Material and greenwaste Collection shall be weekly on the same day of the week as Garbage Collection service. Commercially Generated Recyclable Materials Collection shall be on a schedule as determined by Contractor and the Waste Generator. 5.3 Recyclable Materials To Be Collected Materials to be collected are to include but not be limited to: newspaper, aluminum, tin and bimetal cans, clear and colored glass containers, all plastic containers, corrugated cardboard, mixed paper (including white and colored ledger paper, chipboard, junk mail, magazines and phone books) and motor oil and filter (which shall be collected separate from the Recycling Container). In addition greenwaste will also be Collected in a separate Container. 5.4 Refusal to Provide Collection Services Contractor may refuse to Collect Recyclable Materials or greenwaste and shall not be obligated to continue to provide Container(s) to any participant in the Recycling or greenwaste program who, after reasonable warning by Contractor, fails to properly sort and set out Recyclable Materials or greenwaste, including excessive contamination. Contractor shall report monthly to City any warning notices issued. 5.5 Marketing and Sale of Recyclable Materials Contractor shall be responsible for the marketing and sale of all Recyclable Materials including greenwaste Collected pursuant to this Agreement. Revenues from the sales of these materials shall be retained by Contractor. The Parties acknowledge that the City has a right to direct the Contractor to deliver Recyclable Materials including greenwaste collected by the Contractor under this Agreement to a third party for processing, marketing and sale. 5.6 Operations 5.6.1 Schedules To preserve peace and quiet, no Garbage, Recyclable Materials including greenwaste shall be Collected from or within two-hundred (200) feet of residential Premises between 5:00 P.M. and 6:00 A.M. on any day. Residential Garbage, Recyclable Materials including greenwaste shall be Collected, Monday through Friday on the same day. The one exception is the Contractor may elect to collect motor oil and filters with a separate vehicle using an on-call program. When the regularly scheduled Collection day falls on a holiday, Collection shall take place on the following regularly scheduled Collection day. In the `` Atascadero Solid Waste Collection Franchise Agreement (November 27, 2007)Page 10 194 - event the Contractor misses the Collection of properly set out Garbage, Recyclables, or greenwaste the Contractor shall collect the missed pickups within one (1) business day of notification. 5.6.2 Vehicles A. General. Contractor shall provide a fleet of Collection vehicles sufficient in number and capacity to perform the work required by this Agreement and in strict accordance with its terms. Contractor shall have available on Collection day's sufficient back-up vehicles in order to respond to complaints and emergencies. B. Specifications. All vehicles used by Contractor in providing Garbage, Recyclable Materials, and greenwaste Collection services under this Agreement shall comply with all federal, state, and local requirements for such vehicles as they now exist or may be amended in the future, including all applicable air emissions requirements, and shall be registered with the California Department of Motor Vehicles. All such vehicles shall have watertight bodies designed to prevent leakage, spillage or overflow. All such vehicles shall comply with U.S. Environmental Protection Agency noise emission regulations and other applicable noise control regulations. The Contractor will, in good faith, consider incorporating LNG trucks into its Collection fleet, to the extent practicable, and if such new trucks require an additional capital investment, the Parties shall work in good faith to negotiate an adjustment to Contractor's rates to account for such LNG trucks. C. Condition 1) Contractor shall maintain all of its properties, facilities, and equipment used in providing service under this Agreement in a safe, neat, clean and operable condition at all times. 2) Contractor shall inspect each vehicle daily to ensure that all equipment is operating properly. Vehicles which are not operating properly and represent a safety hazard shall be taken out of service until they are repaired and do operate properly and safely. Contractor shall perform all scheduled maintenance functions in accordance with the manufacturer's specifications and schedule. Contractor shall keep accurate records of all vehicle maintenance, recorded according to date and mileage and shall make such records available to City upon request. 3) Contractor shall repair, or arrange for the repair of, all of its vehicles and equipment for which repairs are needed because of accident, breakdown or any other cause so as to maintain all equipment in a safe and operable condition. Contractor shall maintain accurate records of repair, which shall include the date/mileage, nature of repair and the signature of a maintenance supervisor that the repair has been properly performed. 4) Contractor shall arrange all vehicles and other equipment in safe and secure location(s) in accordance with all applicable zoning regulations. D. Vehicle Identification. Each truck shall display in a prominent place a sign approved by the City. E. Operation. Vehicles shall be operated in compliance with the California Vehicle Code, and all applicable safety and local ordinances. Contractor shall not load vehicles in excess of the manufacturer's recommendations or limitations imposed by state or local weight restrictions on vehicles. Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 11 195 5.6.3 Garbaize, Recycling and Greenwaste Containers , 41*01 Contractor shall supply each Single Family Dwelling Unit with a 32, 64 or 96 gallon Container for Garbage. The monthly service fee for each size Container is shown in Exhibit A. In addition each Single Family Dwelling Unit will receive from Contractor a 96-gallon Container for all commingled Recyclable Materials except greenwaste and a 96- gallon Container for greenwaste. If requested by customer, Contractor shall provide to the customer either a 32 gallon or a 64 gallon Recyclable and/or greenwaste Container, however the default Container size unless requested otherwise shall be 96 gallons. Contractor shall supply each multi-family complex and commercial or governmental agency with appropriately sized Containers for Garbage, commingled Recyclables and Greenwaste. Contractor agrees to provide additional Containers, as requested, by all Persons at the rental rate as shown on Exhibit A. Contractor agrees not to limit the specific type of Recyclable Material (such as cardboard only) that can be placed in a Container unless approved by the City on a customer by customer basis. For both residential and commercial customers, all garbage Containers shall be grey, all Recyclable Materials Containers shall be blue and all greenwaste Containers shall be green. Within the first 12 months of this Agreement, Contractor shall replace any existing Container that is not the proper color with a Containers that is the proper color that is either a new Container or a Container that is in the existing Contractor's inventory. Notwithstanding the foregoing 12 month timetable, Contractor agrees to use good faith efforts to replace such containers within the first 9 months of this Agreement. Containers for Recyclable Materials shall include an in molded graphic or sticker which provides instructions to the Waste Generator. The final color and signage, including the in molded graphic or sticker on the Containers shall be approved by the City. City and Contractor acknowledge that from time to time, a customer may damage or destroy a Container. City and Contractor also acknowledge that from time to time Containers may be stolen from the curb or damaged due to normal use. The fee schedule to replace lost or damaged Containers is shown on Exhibit A. All Contractor supplied Containers for Garbage, Recyclables, and Greenwaste shall remain the property of Contractor. Containers damaged due to lack of reasonable care by the customer, or Containers damaged by graffiti may be replaced by Contractor, the fee for which shall be the same as for lost or damaged Containers as set forth on Exhibit A. Contractor may recover Containers used by customers for other than their intended purpose. 5.6.4 Litter Abatement Contractor shall use due care to prevent Garbage or Recyclable Materials from being spilled or scattered during the Collection or transportation process. If any Garbage or Recyclable Materials are spilled during Collection, Contractor shall promptly clean up all spilled materials. Each Collection vehicle shall carry a broom, shovel and oil spill kit at all times for this purpose. 5.6.5 Personnel A. General. Contractor shall furnish such qualified drivers, mechanical, supervisory, clerical, and other personnel as may be necessary to provide services required by this Agreement in a safe and efficient manner. If the City adopts a living wage ordinance, the Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 12 196 - Contractor agrees to voluntarily comply with the ordinance. B. Identification. Contractor shall ensure that while on duty each Collection worker wears a clean uniform that displays the Contractor's company name and the worker's name or identification number. C. Fees & Gratuities. Contractor shall not, nor shall it permit any agent, employee, or subcontractors employed by it to request, solicit, demand, or accept, either directly or indirectly any compensation or gratuity for any services performed under this Agreement except as provided in Article 8 of this Agreement. D. Training. All drivers shall be trained and qualified in the operation of vehicles they operate and must possess a valid license, of the appropriate class, issued by the California Department of Motor Vehicles. Contractor shall provide adequate operations, health and safety training, and Hazardous Waste identification and handling training for all of its employees who use or operate equipment or who are otherwise directly involved in Collection or other related operations. E. Customer Courtesy. Contractor shall train its employees in customer courtesy, shall prohibit the use of loud or profane language, and shall instruct Collection crews to perform the work quietly. Contractor shall use its best efforts to ensure that all employees present a neat appearance and conduct themselves in a courteous manner. If any employee is found to be discourteous or not to be performing services in the manner required by this AW Agreement, Contractor shall take all necessary corrective measures. If City has notified Contractor of a complaint related to discourteous or improper behavior, Contractor will reassign the employee to duties not entailing contact with the public while Contractor is pursuing its investigation and corrective action process. 5.7 Disposal Requirements A) Contractor shall dispose of all Solid Waste and Recyclable Materials Collected under this Agreement at Contractor's own expense and in accordance with all Federal, State and local laws, rules, and regulations. Contractor shall be responsible for securing an appropriate location for disposal of all Solid Waste and processing of all Recyclable Materials Collected by Contractor pursuant to this Agreement. B) Contractor shall secure within 90 days of the effective date of this Agreement, sufficient disposal site capacity commitment including landfill disposal site capacity to adequately serve the reasonable anticipated Garbage disposal needs of Contractor's customers. City reserves the right to review said disposal capacity commitments. C) If Contractor receives notice from the landfill operator or recyclables processor or otherwise finds, during the term of the Agreement, to be prevented from delivering Garbage to the designated site, Contractor shall immediately notify, in writing, the City Manager, stating the reason(s) Contractor is prevented, or expects to be prevented, from delivering Garbage at the designated facility. Contractor shall expeditiously identify and evaluate alternative sites. An alternative designated site or sites shall be arranged for and secured by Contractor. Atascadero Solid Waste Collection Franchise Agreement (November 27, 2007)Page 13 197 D) The parties understand and agree that City intends to commence and participate in waste diversion and resource recovery programs pursuant to regional and/or local implementation of AB 939, or such other programs as may be established by City. E) Contractor shall deliver all Garbage to any landfill which collects the San Luis Obispo County AB 939 Tipping Fee Surcharge and Waste Management Program Fund Fee, pursuant to County Resolution No. 90-383. If the Contractor delivers Garbage to a landfill which does not collect the County Tipping Fee Surcharge and Waste Management Program Fund Fee, the Contractor will make, on a monthly basis, the equivalent payment directly to the County's Waste Management Tipping Fee -AB 939 Trust Fund #0159 and Waste Management Tipping Fee Trust-Site Fund #0160. F) Payment of the equivalent fees shall be made to County within thirty(30) days after the end of each calendar month, or prorated portion thereof, in which the Contractor delivers waste to an alternate facility. In the event that Payment is not received by County within thirty (30) days after the date specified, then Contractor shall pay a penalty of ten percent (10%) on the outstanding balance, and Contractor shall also pay to County interest on the outstanding balance at a rate of ten percent (10%) per annum, or the maximum legal rate of interest, whichever is greater, from the date of Contractor's failure to pay. G) As of March 1, 2007 the Tipping Fee Surcharge for Fund # 0159 is $3.00 per ton and the Waste Management Program Fund Fee for Fund # 0160 is $0.40 per ton. Payments made by the Contractor shall be sent to the County Franchise Coordinator along with an itemized statement regarding how the payment was calculated. Payments shall be adjusted to reflect any future changes in the amount of these fees. H) Contractor hereby agrees to dispose of all or a portion of the Solid Waste including Recyclable Materials collected pursuant to this Agreement in such manner as may be reasonably designated by City. As of the effective date of this Agreement the City has entered into an agreement with Chicago Grade Landfill Inc. to dispose of Solid Waste except for Recyclable Materials Collected by the Contractor from the City. The Contractor is directed to take all Solid Waste except for Recyclable Materials Collected in the City to Chicago Grade Landfill until such time as the City may direct otherwise. On June 1, 2004 the City entered into a non-exclusive agreement with North San Luis Obispo County Inc. to process and market all Recyclable Materials Collected by the Contractor (other than source separated cardboard) in the City for a 10 year period. Contractor is directed to take all Recyclable Material (other than separated cardboard) to North San Luis Obispo County Inc. until such time as the City may direct otherwise. 1) Contractor may propose, and the City may consider other processing and disposal alternatives. In the event a different manner of or location for processing or disposal is selected by the City, then the Parties shall work in good faith to adjust the Contractor's rates hereunder to reflect any increase or decrease in disposal or processing fees, which adjustment shall be effective at the time the new designated manner of disposal or processing begins. City and Contractor will not unreasonably deny any such adjustment. In the event Contractor receives any additional compensation for the value, if any, of the Garbage or recyclables disposed in such a manner, such compensation shall be considered in connection with future rate adjustments. Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 14 198 5.8 Cleaning Commercial Bins Contractor shall steam clean and refurbish all commercial bins at Contractor's own expense up to once per year upon request. Customers desiring more frequent cleaning may arrange additional cleaning with Contractor at a rate established by City, including pick-up, cleaning, and replacement of dumpster. 5.9 Clean-Up Days Each year throughout the term of this Agreement for a one-day period in the spring and a one-day period in the fall, Contractor shall collect, on a designated Saturday, at no additional charge to cusmoers or rules asymall utualy agreed bydelivered the parties. Said cleansites upcda y within the City, pursuant shall be established annually as mutually agreed by the parties. Contractor shall prepare related public education materials and arrange for publication or broadcasting said materials. Contractor shall pay all advertising costs for said clean up days. 5.10 Garban Public Areas The Contractor will provide collection of Garbage Containers and Recyclable Material Containers from City facilities enumerated and described on Exhibit B. 5.11 Material Processing 5.11.1 Receipt of Recyclable Material Including Greenwaste The Contractor shall have in place or have made arrangements for a Materials Recovery Facility or Facilities to receive and accept all deliveries of Recyclable Materials and greenwaste generated in the City. The Parties acknowledge that the City may direct Contractor to deliver Recyclable Materials including greenwaste Collected by Contractor ,%NW under this Agreement to a third party for processing, marketing, and sale. 5.11.2 Status of Materials Recovery Facility Any Materials Recovery Facility used by contractor must be designed and constructed in accordance with all applicable state and local laws (e.g., CEQA, California Code of Regulations, etc). The Materials Recovery Facility must have all permits from federal, state, regional, county and city agencies necessary for it to operate as a Material Recovery Facility and must be in full regulatory compliance with all such permits. The selected Materials Recovery Facility must be authorized to accept, under its existing permit, and have sufficient uncommitted capacity to accept, all Recyclable Materials and/or greenwaste delivered to it by, or on behalf of, Contractor for the term of this Agreement. Contractor shall immediately notify City of any notice of breach or default received from Materials Recovery Facility. 5.11.3 Alternative Processing Facility If Contractor becomes unable to deliver the City's Recyclable Materials to the Materials Recovery Facility due to causes within its control and which could have been avoided by the exercise of due care, the Contractor shall arrange for it to be accepted at another Materials Recovery Facility, in which case Contractor shall pay for any increased transportation costs, any differences in the fees charged at such Materials Recovery Facility and the fees then in effect under this Agreement. If Contractor's inability to deliver the City's Recyclable Materials to the Materials Recovery Facility is not due to causes within its control or which could have been avoided by the exercise of due care, then Contractor shall propose alternative Material theRecovery alternativeFacilities beincluding Theall Cityrelated shallcosts pay for the shall have the right to approve Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 15 - 199 increased cost of using an alternative facility. 5.11.4 Disposition of Unauthorized Waste It is understood that the Contractor is not authorized and is not required hereunder to collect and transport Hazardous Waste or restricted or other waste that is not acceptable or permitted for disposal at a transfer station, Material Recovery Facility, or disposal site. In addition, Contractor shall not be required to collect containers that are not set out or filled in accordance with, or do not meet Contractor's collection requirements. Regardless of the reason, when any Solid Waste, Recyclable Material or other material is not collected by Contractor, Contractor shall leave a tag on the material stating the reasons for Contractor's refusal to collect the same. Adequate records of the tags shall be maintained by Contractor and shall be available to the City for inspection upon reasonable notice during business hours. If Contractor observes any substances which it or its employees reasonably believe or suspect to contain Hazardous Waste unlawfully disposed of or released in reportable quantities in the City, including on, in, under or about City property, including streets, easements, rights of way and City waste containers, Contractor shall immediately notify the City of the same. If Contractor discovers Hazardous Waste, or other material that may not be legally accepted, among materials that it has inadvertently accepted, Contractor may either return such materials to the applicable Waste Generator or dispose of such waste at its own expense and pursue all legal rights and remedies it may have against the Waste Generator(s) of such Hazardous Waste, if the Waste Generator(s) can be identified. 5.12 Disposal Contractor shall ensure that the residual from the Recyclable Materials delivered to the Materials Recovery Facility by the Contractor are disposed of at a permitted disposal site in full regulatory compliance. Monthly residue shall not exceed ten (10) percent of the monthly Recyclable Materials delivered to the Materials Recovery Facility. If the City directs Contractor to deliver Recyclable Materials to a third party facility for processing, then such third party facility shall be responsible for disposal of residual and the processing requirements as described above and the City shall use its best efforts to enforce such requirements against the third party processor. ARTICLE 6 OTHER SERVICES 6.1 Billing and Collection of Charges Contractor shall be responsible for directly billing and collecting charges due from all residential and commercial customers at rates established by the Agreement. Contractor shall bill residential customers bi-monthly in advance and commercial customers monthly in arrears. The City shall approve the format of the bills sent to customers. The Contractor may indicate any AB 939 fees or other fees (other than franchise fees) as a separate line item on customer invoices. Contractor shall be solely responsible for collecting all delinquent charges pursuant to a collection method approved by City. City shall not be responsible for paying Contractor for said delinquent charges, provided, however, City may, at its sole discretion, establish a method for City to collect said delinquent charges as allowed by law. The City shall render reasonable cooperation, as requested by Contractor in its attempts to collect delinquent accounts. Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 16 200 6.2 Accounting Contractor shall keep a system of books and accounts relating to Contractor's performance of services under this Agreement in accordance with generally accepted accounting principles and shall keep all records for a period of at least three (3) years after the termination of this Agreement. City and its auditors shall have the right to examine all records and accounts of Contractor relating to Contractor's performance of services under this Agreement in order to ensure Contractor's compliance with the terms hereof, Monday through Friday between the hours of 9:00 a.m. and 5:00 p.m. upon forty eight (48) hours advance notice. In the event that Contractor requests a base year rate review pursuant to Section 8.3, and if requested by City, a certified public accountant selected by Contractor shall prepare at Contractor's expense audited statements of Contractor's financial records or reviewed statements related to this Agreement. Contractor shall not be required to provide such audit more than once per year. The scope of the audit shall be as selected by the City. City reserves the right to perform an independent audit at City's expense of Contractor's compliance with the franchise fee provisions of this Agreement. In the event there is a discrepancy of five (5) percent or more between the City's audit and Contractor's actual payments, Contractor shall reimburse City for the cost of said audit. 6.3 Liaison With City Contractor shall maintain on-going liaison with City regarding all solid waste management activities and any matters relating to the performance of this Agreement, including complaints. Such liaison includes but is not limited to Contractor's attendance at City Council meetings as requested by the City and at no extra charge to the City. 6.4 Complaints Contractor shall maintain a record of all written and verbal complaints received, which shall be provided to City upon request. Said record shall contain at minimum information as follows, subject to cooperation from the public: X Name, address, and telephone number of complaining party; X Name, service address, and telephone number if different than above; X Description of problem/complaint and related date and time if applicable; X Date received; and X Date and description of Contractor's response and action taken. Complaints received from customers or City shall be acted upon immediately and Contractor shall make every reasonable effort to resolve said complaints within twenty-four (24)hours of receipt. 6.5 Office Contractor shall maintain an office in the City of Atascadero, or such other area as may be mutually agreed by the parties, at a fixed location where customers may arrange for service and file complaints. Telephone numbers shall either be a local or a toll free call to residents and businesses of the City. Contractor shall at all times between 9:00 a.m. and 5:00 p.m., Monday through Friday, except holidays, have qualified personnel with whom City and members of the public may communicate. During all other hours, Contractor shall have a representative, answering or message providing/receiving (voice mail) service available to the public. Contractor's office and telephone shall be open to the public Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 17 201 during normal business hours. ARTICLE 7 PAYMENTS TO CITY 7.1 Franchise Fee Contractor shall pay to City a franchise fee in an amount set by City and collected by Contractor for services performed under this Agreement, payable monthly on or before the last business day of the following month. Contractor shall provide to City with each monthly franchise fee payment a statement of Gross Revenues Collected by Contractor during the previous month. The initial amount of the franchise fee shall be 10%. Contractor shall pay a late charge of five (5) percent per month on all franchise fees that are not paid within thirty (30) days of the date due. The parties agree that such late charges represent a fair estimate of the City's added administrative expenses caused by such delinquent payments. The franchise fee is a pass through expense for purposes of this Agreement, and as such, if the City changes the franchise fee, the Contractor's rates under this Agreement shall be adjusted accordingly. The franchise fee shall be included in the rates charged by Contractor and shall not be separately itemized on bills to Contractor's customers. 7.2 AB 939 Fee If requested by City, Contractor shall pay an AB 939 fee, to be specified annually by the City. In addition if the San Luis Obispo County Integrated Waste Management Authority "IWMA" implements an AB 939 fee Contractor shall pay that fee directly to the IWMA. All AB 939 fees paid to the City or IWMA shall be considered a pass through cost for purposes of rate setting, and as such if the City or IWMA changes these fees, the Contractor's rates shall be adjusted accordingly. 7.3 Business License Tax Contractor shall pay each annual business license tax. 7.4 Other Fees The City shall reserve the right to set "Other" Fees, as it deems necessary. These expenses will be determined and a fee designed to reimburse the City. Such fees shall be set annually by City resolution and may be considered a pass through cost for purposes of rate setting, and as such if the City adopts or changes these fees, the Contractor's rates shall be adjusted accordingly. 7.5 Adiustment of Fees The City may adjust the amount of fees annually. Such adjustment shall be reflected in the rates that the Contractor is allowed to charge and collect from customers. 7.6 Review of Fee Payments The City, or its agent, reserves the right to annually perform an in review of fee payments at its own expense, to verify that fees are being paid in accordance with Agreement. Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 18 202 ARTICLE 8 CONTRACTOR'S COMPENSATION AND RATES 8.1 General Contractor's compensation provided for in this Article shall be the full, entire and complete compensation due to Contractor pursuant to this Agreement for all labor, equipment, materials and supplies, taxes, insurance, bonds, overhead, profit and all other things necessary to perform all the services required by this Agreement in the manner and at the times prescribed. The Contractor does not look to the City for payment of any sums under this Agreement. Contractor will perform the responsibilities and duties described in this Agreement in consideration of the right to charge and collect from customers for services rendered at the established under this Agreement, as may be adjusted from time-to-time. The City and Contractor, by mutual agreement, may re-structure the rates set forth in this Agreement as they deem appropriate so long as such re-structuring is revenue neutral to Contractor. 8.2 Collection Rates Contractor shall provide the Collection, recycling, transportation and disposal services required under this Agreement for the rates set forth in the Service Rate Schedule attached hereto and incorporated herein as Exhibit A, as the same may be adjusted in accordance with this Section. 8.3 CPI Adjustment Commencing on the one year anniversary of the effective date of this Agreement, and on the same date annually thereafter (the "Adjustment Date"), the rates set forth in this Agreement, as adjusted hereunder, shall be automatically adjusted by a percentage equal to 85% of the annual percent change in the Consumer Price Index ("CPI") for All Urban Consumers - All Items, for the Los Angeles - Riverside - Orange County metropolitan area (1982-84 = 100) as published by the Bureau of Labor Statistics for the 12-month period ending September 30. At least thirty (30) days prior to the Adjustment Date, Contractor shall notify City of the CPI adjustment to take effect on the Adjustment Date and shall provide City with its computations therefore. After August 1, 2009, but no more than once every two years, the Contractor may request a base year rate review. If such review is requested by Contractor, Contractor will use the guidelines and approach outlined in the City of San Luis Obispo's "Rate Setting Process and Methodology Manual for Integrated Solid Waste Management Rates". Rates shall be based upon an operating ratio of 92 percent as defined in the Rate Setting Process and Methodology Manual for Integrated Solid Waste Management Rates . 8.4 Extraordinary Rate Adiustments The rates set by this Agreement are calculated to pay certain expenses and costs that are of a contingent and uncertain nature. Therefore, in addition to the annual rate adjustment provided by Section 8.3, the rates under this Agreement shall, upon written request of Contractor or City, be further adjusted on an interim basis for increased or decreased expenses associated with performance of the services hereunder due to any one or more of the following causes: (a) material changes in Contractor's costs resulting from a Force Majeure event; Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 19 203 (b) changes to Contractor's operations or the Franchise Fee or other fees required or initiated by City; (c) Contractor desires to provide additional new services or the City requests the Contractor to provide any additional new services, or Contractor desires or the City requests the Contractor to change the method of providing, or the technology used to provide, existing services under this Agreement; (d) any increase or decrease in disposal fees or in fees for the processing of Recyclable Materials if such Recyclables Materials are being processed at a third party facility; or (e) any change in law, statute, rule, regulation, ordinance, order or requirement of any federal, state, regional or local government that occurs after the Effective Date of this Agreement. ARTICLE 9 RECORDS, REPORTS AND INFORMATION, STUDIES AND HEARING REQUIREMENTS 9.1 Records 9.1.1 General Contractor shall maintain records required to conduct its operations, to support requests it may make to City, and to respond to requests from City in the conduct of City business. Additionally, the Contractor shall also keep and maintain records reasonably necessary for audits, as required by this Agreement, and shall keep and maintain all records reasonably necessary to develop reports and financial statements required with respect to this Agreement. Adequate record security shall be maintained to preserve records from events that can be reasonably anticipated such as a fire, theft and earthquake. Electronically maintained data/records shall be protected and backed up. 9.1.2 Financial Records Financial records shall separate all records related to the services performed under this Agreement from any and all other types of businesses and operations conducted by the Contractor. 9.1.3 General Records City approved records (format) shall be maintained for the City separate from other jurisdictions relating to: customer services; weight of recyclable materials by type of materials; weight of garbage; routes; facilities, inventory of equipment and personnel used; facilities and equipment operations, maintenance and repair; processing, marketing and sale of recyclable materials including name of the purchaser, the date of sales transaction, processing cost per ton, quantity purchased, value per ton and net sales records; complaints; and, missed pick ups. If a third party is designated by the City to perform processing of Recyclables, then the reporting related to processing and sale of Recyclables shall be provided to the City and Contractor by such third party, provided, however, that Contractor shall remain responsible for filing the certification for the City curbside recycling (CS) program and Contractor shall continue to receive the annual CRV payments. Contractor shall maintain records for a period of 3 year past the termination of this Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 20 204 Agreement. 9.2 Reports 9.2.1 Report Formats and Schedule Records shall be maintained in forms and by methods that facilitate flexible use of data contained in them to structure reports, as needed. Contractor may propose report formats that are responsive to the objectives and audiences for each report. The City shall approve the format of each report. Monthly reports shall be submitted within twenty (20) calendar days after the end of the month being reported. Annual reports shall be submitted before March 30th, for the previous Fiscal Year. 9.2.2 Monthly Reports The information listed shall be the minimum reported: 1. Garbage (sorted by type of Generator) and Recyclable Materials collected, in tons, by month, and cumulative for report year. 2. Complaint summary, for month and cumulative for report year and narrative summary assessment of problems encountered and actions taken with recommendations to City for improvement. 3. Number of accounts by category for each month of reporting year. 4. Commercial Recyclable Materials Container distributions. The City may designate any additional information that it wishes provided in the monthly reports. 9.2.3 Annual Report If requested by City, Contractor shall submit an Annual Report is to be essentially in the form and content of the monthly reports. The annual report shall also include a complete inventory of equipment used to provide all services. 9.3 Riyht to Inspect Records City shall have the right to inspect or review documents or records required expressly or by inference pursuant to this Agreement, or any other similar records or reports of Contractor that City shall deem, in its reasonable discretion, necessary to evaluate the services performed by Contractor under this Agreement. The City retains the right to have an independent third party or agent of the City's choosing, such as a CPA, participate in the records inspection. The cost of such inspection or review will be borne by the City. 9.4 Waste Generation/Characterization Studies Contractor acknowledges that the City must perform Solid Waste generation and disposal characterization studies periodically to comply with AB 939 requirements. Contractor agrees to participate and cooperate with City and its agents to accomplish studies and data collection and prepare reports as needed to determine weights and volumes of Solid Waste generated, diverted, disposed, transformed, or otherwise handled/processed to satisfy AB 939 requirements. Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 21 205 ARTICLE 10 INDEMNIFICATION, INSURANCE AND BOND 10.1 Indemnification Contractor shall indemnify and hold harmless City, its officers, elected officials, employees, and agents from and against any and all loss, liability, penalty, forfeiture, claim, demand, action, proceeding or suit of any and every kind and description (including, but not limited to, injury to and death of any Person and damage to property, or for contribution or indemnity claimed by third parties) arising or resulting from and in any way connected with (1) the negligence or willful misconduct of Contractor, its officers, employees agents and/or sub Contractors in performing services under this Agreement; (2) the failure of Contractor, its officers, employees, agents and/or subcontractors to comply in all respects with the provisions of this Agreement, applicable laws (including, without limitation, the Environmental Laws) and regulations, and/or applicable permits and licenses; (3) the acts of Contractor, its officers, employees, agents and/or subcontractors in performing services under this Agreement for which strict liability is imposed by law (including, without limitation, the Environmental Laws). Contractor further agrees to and shall, upon demand of City, at Contractor's sole cost and expense, defend (with attorneys acceptable to City) the City, its officers, elected officials, employees, and agents against any claims, actions, suits or other proceedings, whether judicial, quasi-judicial or administrative in nature, arising or resulting from any events described in the immediately preceding paragraph. Nothing in this paragraph, however, shall require Contractor to indemnify or defend City to the extent any claims or liabilities arise out of the sole negligence or willful misconduct of City, or the actions or activities of any third party processing facility or third party disposal facility designated by the City Contractor's duty to indemnify and defend shall survive the expiration or earlier termination of this Agreement. 10.2 Landfill Diversion The Contractor acknowledges that the City has adopted a SRRE that selects Recycling programs as a means of diverting waste. It is therefore of foremost importance that the Recyclable Materials collected under this Agreement be converted into a functional and marketable product in order that the materials may be diverted from landfill disposal in compliance with the City's SRRE, and AB 939. The Contractor shall therefore ensure that the processing method used shall, at all times, meet the intent of the City's SRRE and AB 939. Should the Contractor find it necessary to utilize another method of processing in order to meet the intent of the SRRE and AB 939, the City shall be given an opportunity to make its own determination as to the suitability and cost-effectiveness of such process and shall approve such process in writing. If the City directs Contractor to deliver Recyclables to a third party for processing, then the foregoing requirements shall be enforced against such third party processor, rather than Contractor. 10.3 AB 939 Indemnification Contractor agrees to indemnify and hold harmless City, its officers, elected officials, employees, and agents from and against all fines and/or penalties imposed by the California Integrated Waste Management Board in the event the source reduction and Recycling goals or any other requirement of AB 939 are not met by City with respect to the waste stream Collected under this Agreement if such failure is due in substantial part due to the failure of Contractor to perform its obligations under this Agreement or for delays in providing information that prevents City from submitting reports required by AB 939 in Atascadero Solid Waste Collection Franchise Agreement (November 27, 2007)Page 22 206 a timely manner. Nothing in this paragraph, however, shall require Contractor to indemnify or defend City to the extent any claims or liabilities arise out of the sole negligence or willful misconduct of City, or the actions or activities of any third party processing facility or third party disposal facility designated by the City. 10.4 Insurance During the term of this Agreement, Contractor shall carry insurance in accordance with this Article and such other insurance as required by law. Lack of insurance or inadequate insurance do not negate the Contractor's obligations under this Agreement. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Contractor shall look solely to its insurance for recovery, except where caused by the active negligence, sole negligence, or willful misconduct of the City. Contractor hereby grants to the City, on behalf of any insurer providing insurance to either Contractor or City with respect to the services (occupancy of premises) of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against the City by virtue of the payment of any loss under such insurance. Insurance shall be secured and approved by City's risk manager prior to commencement of work according to this Agreement. Maintenance of proper insurance coverage is a material element of this Agreement and failure to maintain or renew coverage or to provide evidence of coverage and/or renewal may be treated by the City as a material breach of Agreement. Contractor shall provide proof of insurance to the City by contacting the Contractor's insurance agent for compliance with the requirements shown. A. Minimum Scope of insurance. Coverage shall be at least as broad as: 1 Insurance Services Office Commercial Liability coverage (occurrence form Co 0001). 2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code 1 (any auto). 3. Workers' Compensation insurance as required by the State of California and Employer's Liability insurance. 4. Pollution Legal Liability. B. Minimum Limits of Insurance. Contractor shall maintain limits no less than: 1. Commercial or Comprehensive General Liability: Five Million Dollars ($5,000,000) combined single limit per occurrence for bodily injury, personal injury, and property damage. If Commercial General Liability or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit. Commercial Liability policy shall contain no pollution exclusion of any description unless Contractor provides for pollution insurance coverage in an amount equal to or greater than Commercial Liability policy. 2. Automobile Liability: Five Million Dollars ($5,000,000) combined single limit per `#NW occurrence for bodily injury and property damage and accidental spills and discharges Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 23 207 while transporting and/or processing materials. 3. Workers' Compensation and Employers Liability: Workers' compensation limits as required by the Labor Code of the State of California and employers liability with limits of$1,000,000 per occurrence for bodily injury or disease. 4. Pollution Liabilities: One Hundred Thousand Dollars ($100,000). C. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions: 1. The City, Council members, its officers, officials, employees, agents and volunteers are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, agents or volunteers. 2. For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, Council members, its officers, officials, employees, agents and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, agents or volunteers shall be excess of the Contractor's insurance and shall not contribute with it. 3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, Council members, its officers, officials, employees, agents or volunteers. 4. The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought except with respect to the limits of the insurer's liability. 5. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt required, has been given to the City. 6. Pollution, if on a Claims Made form: a. The Retro Date must be shown, and must be before the date of the contract or the beginning contract work. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract work. C. If coverage is canceled or non-renewed, and not replaced with another claims made policy form with a Retro Date prior to the contract effective date, the Contractor must purchase extended reporting coverage for a minimum of two years after completion of contract. 7. Coverage shall not extend to any indemnity coverage for the active negligence of w ` Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 24 208 the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subdivision (b) of Section 2782 of the Civil Code. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VI. Insurers selected by Contractor shall be admitted to issue the specific line of required insurance in the State of California. E. Verification of Coverage. Contractor shall furnish the City with copies of required insurance certificates or endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. F. Subcontractors. Contractor shall include all subcontractors as insured under its policies or shall furnish copies of required insurance policies and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. G. Occurrence Based Coverage. All policies secured by Contractor shall be occurrence and not claims based unless City so consents in writing. H. Upon direction of the City, Contractor shall reduce or eliminate deductibles or self- insured retentions with respect to the City or procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. If any third person makes a claim against Contractor or any subcontractors exceeding the amount of any deductibles or self-insured reserves, Contractor shall promptly notify the insurer and City thereof 10.5 Performance Bond The Contractor shall provide and maintain at all times a valid Contractor's Performance and Payment Bond or bonds, letter of credit or other similar instrument reasonably acceptable to and approved in writing by the City in the amount of three hundred thousand dollars ($300,000). The bond, letter of credit or other similar instrument shall be issued for a period of not less than one year, and the Contractor shall provide a new bond, letter of credit or similar instrument, and evidence reasonably satisfactory to the City of its renewability, no less than sixty(60) calendar days prior to the expiration of the bond, letter of credit or other similar instrument then in effect. The City shall be notified in writing of any cancellation by the issuer of the bond at least thirty days prior to such cancellation. ARTICLE 11 CITY'S RIGHT TO PERFORM SERVICE 11.1 General In the event that Contractor, for any reason whatsoever, fails, refuses or is unable to Collect, transport, process or market any or all Garbage or Recyclable Materials which it is required by this Agreement to Collect, process and market, at the time and in the manner provided in this Agreement, for a period of more than seven (7) calendar days, and if, as a result thereof, Garbage or Recyclable Materials should accumulate in the City to such an extent, in such a manner, or for such a time that the City Manager or his/her designee should find that such accumulation endangers or menaces the public health, safety or welfare, then City shall have the right, but not the obligation, upon twenty-four (24) hour prior written notice to Contractor during the period of such emergency as determined by Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 25 ~ 209 the City Manager or his/her designee, (1) to perform, or cause to be performed, such services itself with its own or other personnel without liability to Contractor; and/or (2)to take temporary possession of any or all of Contractor's equipment and other property to Collect, transport, process, market and/or dispose any Garbage or Recyclable Materials generated within the City which Contractor would otherwise be obligated to Collect, transport, process or market pursuant to this Agreement. In the event the City takes possession of the Contractor's equipment and other property, the City shall be required to pay a reasonable rental fee for such equipment, but the City does not guarantee repair of existing problems with equipment and facilities. If Contractor is then providing billing services and City performs the services, Contractor will promptly forward to City all rates Contractor has collected in advance, or otherwise, to City for the period in duration equal to City's performance of the services. If Contractor does not promptly forward those rates, City may draw on the performance bond or other approved security for those amounts. Notice of Contractor's failure, refusal or neglect to Collect, transport, process, market and/or dispose Garbage or Recyclable Materials may be given orally by telephone to Contractor at its principal office and shall be effective immediately. Written confirmation of such oral notification shall be sent to Contractor within twenty-four (24) hours of the oral notification. Contractor further agrees that in such event: (1) It will take direction from City to affect the transfer of possession of property and equipment to City for City's use. (2) It will, if City so requests, keep in good repair and condition all of such property and equipment, provide all motor vehicles with fuel, oil and other service, and provide such other service as may be necessary to maintain said property in operational condition. (3) City may immediately engage all or any personnel necessary or useful for the Collection, transportation, processing marketing and/or disposing of Garbage or Recyclable Materials, including, if City so desires, employees previously or then employed by Contractor, Contractor further agrees, if City so requests, to furnish City the services of any or all management or office personnel employed by Contractor whose services are necessary or useful for Garbage or Recyclable Materials Collection, Transportation, processing and marketing operations and for the billing and collection of fees for these services. City agrees that it assumes complete responsibility and liability for the proper and normal use of such equipment and facilities while in its possession. City shall pay to Contractor the reasonable rental value of the equipment and facilities, possession of which is taken by City, for the period of City's possession, if any, which extends beyond the period of time for which Contractor has rendered bills in advance of service. Except as otherwise expressly provided in the previous paragraph, City's exercise of its rights under this Article 11 (1) does not constitute a taking of private property for which compensation must be paid; (2) will not create any liability on the part of City to Contractor; and (3) does not exempt Contractor from the indemnity provisions of Article Atascadero Solid Waste Collection Franchise Agreement (November 27, 2007)Page 26 210 10, Indemnification, Insurance and Bond, which are meant to extend to circumstances arising under this Article, provided that Contractor is not required to indemnify City against claims and damages arising from the negligence of City officers, employees and agents in the operation of Collection vehicles or performance of services during the time City has taken possession of such equipment. 11.2 Temporary Possession of Contractor's Property If the City suffers an interruption or discontinuance of service as described in Article 11.1 (including interruptions and discontinuance due to events described in Article 12.4, Excuse from Performance), City may take temporary possession of and use all of Contractor's property described above until other suitable arrangements can be made for the provision of such services. The same notice requirements of Article 11.1 are applicable. 11.3 Citv's RiLyht to Relinquish Possession It is further mutually agreed that City may at any time at its discretion relinquish possession of any or all of the above-mentioned property to Contractor and thereupon demand that Contractor resume the services as provided in this Agreement, whereupon Contractor shall be bound to resume the same. 11.4 Duration of City's Possession City's right pursuant to this Article to retain temporary possession of Contractor's facilities and equipment, and to render Collection services, shall terminate when City determines that such services can be resumed by Contractor, or when City no longer reasonably requires such facilities or equipment. In any case, City has no obligation to maintain possession of Contractor's property and/or continue its use for any period of time and may Vwr at any time, in its sole discretion, relinquish possession to Contractor. ARTICLE 12 DEFAULT, REMEDIES AND LIQUIDATED DAMAGES 12.1 Events of Default All provisions of this Agreement to be performed by Contractor are considered material. Each of the following shall constitute an event of default. A. Fraud or Deceit. If Contractor practices, or attempts to practice, any fraud or deceit upon city. B. Insolvency or Bankruptcy. If Contractor becomes insolvent, unable, or unwilling to pay its debts when due, or upon listing of an order for relief in favor of Contractor in a bankruptcy proceeding. The Contractor is also in default if there is an assignment for the benefit of its creditors. C. Failure to Maintain Coverage. If Contractor fails to provide or maintain in full force and effect the Workers' Compensation, liability, indemnification coverage or any insurance coverage or bond required under this Agreement. D. Violations of Regulation. If Contractor facilities fall out of full regulatory compliance or if Contractor violates any orders or filings of any regulatory body havintn g jurisdiction over Contractor relative to this Agreement, provided that Contractor may contest any such orders or filings by appropriate proceedings conducted in good faith, in which case no Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 27 - 211 breach of the Agreement shall be deemed to have occurred. E. Failure to Perform. If Contractor ceases to provide Garbage, Recycling or Greenwaste NOW services as required under this Agreement for a period of two (2) days or more, for any reason within the control of Contractor. F. Failure to Pay/Report. If Contractor fails to make any timely payments, including liquidated damages and penalties, required under this Agreement and/or fails to provide City with required information, reports, and/or records in a timely manner as provided for in the Agreement. G. Acts or Omissions. Any other act or omission by Contractor which violates the terms, conditions, or requirements of this Agreement, the California Integrated Waste Management Act of 1989, as it may be amended from time to time, or any order, directive, rule, or regulation issued there under and which is not corrected or remedied within the time set in the written notice of the violation or, if Contractor cannot reasonably correct or remedy the breach within the time set forth in such notice, if Contractor should fail to commence to correct or remedy such violation within the time set forth in such notice and diligently effect such correction or remedy thereafter. H. False or Misleading Statements. Any representation or disclosure made to City by Contractor in connection with or as an inducement to entering into this Agreement, or any future amendment to this Agreement, which proves to be false or misleading in any material respect as of the time such representation or disclosure is made, whether or not any such representation or disclosure appears as part of this Agreement. I. Attachment. here is a seizure of attachment of, or levy on, the operating equipment of Contractor, including without limits its equipment, maintenance or office facilities, or any part thereof. J. Suspension or Termination of Service. There is any termination or suspension of the transaction of business by Contractor, including without limit, due to labor unrest including strike, work stoppage or slowdown, sickout, picketing, or other concerted job action, lasting more than two business days, unless caused by a Force Majeure event. Upon default by the Contractor, the City Manager or his/her designee shall provide written notice to Contractor of the violation. The City Manager or his/her designee shall include in the notice, a demand that the Contractor correct the violation. The Contractor shall thereafter have thirty (30) days to cure the violation, of if the violation cannot be cured within such timeframe, the Contractor shall have commenced to cure said violation in a manner that is acceptable to the City, in its reasonable discretion. For purposes of this Agreement and any notice required there under, the term "days" shall mean calendar days. 12.2 Richt to Terminate Upon Default Upon a default by Contractor, and Contractor's failure to cure, the City shall have the right to terminate this Agreement upon one (1) day notice if the public health or safety is threatened, or otherwise twenty (20) days notice, following a hearing by the City Council. This right of termination is in addition to any other rights of City upon a failure of Contractor to perform its obligations under this Agreement. City's right to terminate this Agreement and to take possession of Contractor's equipment and facilities are not exclusive, and City's termination of this Agreement shall not Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 28 212 constitute an election of remedies. Instead, they shall be in addition to any and all other legal and equitable rights and remedies that City may have. By virtue of the nature of this Agreement, the urgency of timely, continuous and high- quality service, the lead time required to effect alternative service, and the rights granted by City to Contractor, the remedy of damages for a breach hereof by Contractor is inadequate and City shall be entitled to injunctive relief. 12.3 Liquidated Damages A. General. City finds, and Contractor agrees, that as of the time of the execution of this Agreement, it is impractical, if not impossible, to reasonably ascertain the extent of damages which shall be incurred by City as a result of a breach by Contractor of its obligations under this Agreement. B. Service Performance Standards; Liquidated Damages for Failure to Meet Standards. The parties acknowledge that consistent, reliable Garbage, Recycling and Greenwaste service is of utmost importance to City and that City has considered and relied on Contractor's representations as to its quality of service commitment in awarding the Agreement to it. The parties further recognize that some quantified standards of performance are necessary and appropriate to ensure consistent and reliable service and performance. The parties further recognize that if Contractor fails to achieve the performance standards, comply with complaint resolution criteria, or fails to submit required documents in a timely manner, City and its residents will suffer damages and that it is and will be impractical and extremely difficult to ascertain and determine the exact amount of damages that City will suffer. Therefore, without prejudice to City's right to treat such non-performance as an event of default under this Article 12, the parties agree that the following liquidated damage amounts represent a reasonable estimate of the amount of such damages considering all of the circumstances existing on the date of this Agreement, including the relationship of the sums to the range of harm to City that reasonably could be anticipated and the anticipation that proof of actual damages would be costly or inconvenient. Recognizing the importance of resolving any failure to meet the service performance standard, the City shall contact Contractor within two (2) days of any failing reported directly to the City. Contractor agrees to pay(as liquidated damages and not as a penalty) the amounts set forth below: Collection Reliability and Quality For each failure over five (5)annually to commence service to a new customer account within seven(7) days after order: $150.00 For each failure over twenty-four(24) annually to Collect Garbage, Recyclables or Greenwaste,which has been properly set out for Collection, from an established customer account on the scheduled Collection day and not collected within 24 hours after notice of missed pick-up: $150.00 For each failure to Collect Garbage, Recyclables or Greenwaste, which have been properly set out for Collection, from the same r' customer on two (2) consecutive scheduled pickup days: $150.00 Atascadero Solid Waste Collection Franchise Agreement (November 27,2007)Page 29 - 213 For each occurrence over five (5) annually of damage to private property: $250.00 For each occurrence over ten (10) annually of discourteous behavior: $250.00 For each failure over ten (10) annually to clean up Garbage, Recyclables or Greenwaste ,spilled from Containers: $150.00 For each occurrence over five (5) annually of Collecting Garbage, Recyclables or Greenwaste, during unauthorized hours: $250.00 For each failure to respond to a customer complaint within twenty-four (24)working hours: $100.00 Timeliness of Submissions to City REPORTS Any report shall be considered late until such time as City receives a correct and complete report. For each calendar day a report is late, the daily assessment shall be: Monthly Reports: For each infraction $25 per day Annual Reports: For each infraction $50 per day Liquidated damages will only be assessed after Contractor has been given the opportunity but failed to rectify the damages, as described in this Agreement (e.g., twenty-four (24) working hours to respond to a complaint). City may determine the occurrence of events giving rise to liquidated damages through the observation of its own employees or representative or investigation of customer complaints. Prior. to assessing liquidated damages, City shall give Contractor notice of its intention to do so. The notice will include a brief description of the incident(s)/non-performance. Contractor may review (and make copies at its own expense) all information in the possession of City relating to incident(s)/non-performance. Contractor may, within ten (10) days after receiving the notice, request a meeting with City. If a meeting is requested, it shall be held by the City Manager or his/her designee. Contractor may present evidence in writing and through testimony of its employees and others relevant to the incident(s)/non-performance. The City Manager or designee will provide Contractor with a written explanation of his or her determination on each incident(s)/non-performance prior to authorizing the assessment of liquidated damages. The decision of the City Manager or designee shall be final. C. Amount. The City Manager or his/her designee may assess liquidated damages for each calendar day or event, as appropriate, that Contractor is determined to be liable in accordance with this Agreement. D. Timing of Payment. Contractor shall pay any liquidated damages assessed by City within thirty (30) days after they are assessed. If they are not paid within the thirty(30) day period, City may proceed against the security required by this Agreement or order the termination of this Agreement, or both. 12.4 Force Majeure Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 30 214 The parties shall be excused from performing their respective obligations hereunder in the event they are prevented from so performing by reason of floods, earthquakes, other "acts of God", war, civil insurrection, riots, acts of any government (including judicial action), unavailability of third party disposal or processing facilities designated by the City, and other similar catastrophic events which are beyond the control of and not the fault of the party claiming excuse from performance hereunder. The party claiming excuse from performance shall, within two (2) days after such party has notice of such cause, give the other party notice of the facts constituting such cause and asserting its claim to excuse under this Article. The interruption or discontinuance of Contractor's services caused by one or more of the events excused shall not constitute a default by Contractor under this Agreement. Notwithstanding the foregoing, however, if Contractor is excused from performing its obligations hereunder for any of the causes listed in this Article for a period of thirty (30) days or more, City shall have the right to review the circumstances under which the excuse from performance was granted. After such review, if the City determines the excuse from service is no longer valid, the City shall notify the Contractor in writing to resume service within two (2) days from the receipt of such notification. If the Contractor fails to resume service within the two (2) days, the City shall have the right to terminate this Agreement by giving ten (10) days notice, in which case the provisions relative to taking possession of Contractor's land, equipment and other property and engaging Contractor's personnel in Article 11, City's Right to Perform Services, and this Article 12 shall apply. 12.5 Financial Material Errors. Omissions or Irregularities The City may review, test and audit the books and records of the Contractor related to the services provided hereunder for the purpose of determining whether the Contractor is complying with the terms of the Agreement. In the event that material errors or omissions or irregularities are identified, then the cost associated with the audit, test or review shall be paid by the Contractor to the City. In the case of errors, materiality shall be deemed to be five percent (5%) or greater in franchise fee payments due the City. Recovery of any over payment will be negotiated on a case-by-case basis. ARTICLE 13 OTHER AGREEMENTS OF THE PARTIES 13.1 Relationship of Parties The parties intend that Contractor shall perform the services required by this Agreement as an independent Contractor engaged by City and not as an officer or employee of City nor as a partner of or joint venture with City. No employee or agent of Contractor shall be or shall be deemed to be an employee or agent of City. Except as expressly provided herein, Contractor shall have the exclusive control over the manner and means of conducting the Recycling services performed under this Agreement, and all Persons performing such services. Contractor shall be solely responsible for the acts and omissions of its officers, employees, subcontractors and agents. Neither Contractor nor its officers, employees, subcontractors and agents shall obtain any rights to retirement benefits, workers compensation benefits, or any other benefits which accrue to City employees by virtue of their employment with City. 13.2 Compliance with law In providing the services required under this Agreement, Contractor shall at all times, at its sole cost, comply with all applicable laws of the United States, the State of California, City, Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 31 215 and with all applicable regulations promulgated by federal, state, regional or local administrative and regulatory agencies, now in force and as they may be enacted, issued or amended during the Term. 13.3 Governing,Law This Agreement shall be governed by, and construed and enforced in accordance with, the laws of the State of California. 13.4 Jurisdiction Any lawsuits between the parties arising out of this Agreement shall be brought and concluded in the courts of the State of California, which shall have exclusive jurisdiction over such lawsuits. Venue of any such lawsuits shall be in San Luis Obispo County. 13.5 Assignment Except as may be provided for in Article 11, (City's Right to Perform Service), neither party shall assign its rights, nor delegate, subcontract or otherwise transfer its obligations under this Agreement to any other Person without the prior written consent of the other party. Any such assignment made without the consent of the other party shall be void and the attempted assignment shall constitute a material breach of this Agreement. The Contractor shall consent to any assignment to a joint powers authority, or any similar public entity assignee of the City. In addition, Contractor may assign this Agreement without consent to another corporate affiliate of Waste Management, Inc., provided such entity has assets at least as significant as Contractor. For purposes of this Article when used in reference to Contractor, "assignment" shall include, but not be limited to (1) a sale, exchange or other transfer of at least fifty-one percent (51%) all of Contractor's assets dedicated to service under this Agreement to a third party; (2) a sale, exchange or other transfer of outstanding common stock of Contractor to a third party provided said sale, exchange or transfer may result in a change of control of Contractor; (3) any dissolution, reorganization, consolidation, merger, re- capitalization, stock issuance or re-issuance, voting trust, pooling agreement, escrow arrangement, liquidation or other transaction to which results in a change of ownership or control of Contractor; (4) any assignment by operation of law, including insolvency or bankruptcy, making assignment for the benefit of creditors, writ of attachment for an execution being levied against this Agreement, appointment of a receiver taking possession of Contractor's property, or transfer occurring in the event of a probate proceeding; and any combination of the foregoing (whether or not in related or contemporaneous transactions)which has the effect of any such transfer or change of ownership, or change of control of Contractor. Contractor acknowledges that this Agreement involves rendering a vital service to City's residents and businesses, and that City has selected Contractor to perform the services specified herein based on (1) Contractor's experience, skill and reputation for conducting its Solid Waste management operations in a safe, effective and responsible fashion, at all times in keeping with applicable Environmental Laws, regulations and best waste management practices, and (2) Contractor's financial resources to maintain the required equipment and to support its indemnity obligations to City under this Agreement. City has relied on each of these factors, among others, in choosing Contractor to perform the services to be rendered by Contractor under this Agreement. If Contractor requests City's consideration of and consent to an assignment, the City may low Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 32 216 deny or approve such request at its complete discretion. The City is concerned about the VMW possibility that assignment could result in significant rate increases, as well as a change in the quality of service. Accordingly, the following standards have been set to ensure that assignment will result in continued quality service. In addition, the City reserves the right to solicit competitive bids for these services if the assignment results in a request by the assignee for rate increases that are higher than the inflationary index and do not reflect value changes in service standards. At a minimum, no request by Contractor for consent to an assignment need be considered by City unless and until Contractor has met the following requirements: A. Contractor shall undertake to pay City its reasonable expenses for attorney's fees and investigation costs necessary to investigate the suitability of any proposed assignee, and to review and finalize any documentation required as a condition for approving any such assignment; B. Contractor shall furnish City with audited financial statements of the proposed assignee's operations for the immediately preceding three (3) operating years; C. Contractor shall furnish City with satisfactory proof: 1) that the proposed assignee has at least five (5) years of Recyclable Material management experience on a scale equal to or exceeding the scale of operations conducted by Contractor under this Agreement; 2) that in the last five (5)years, the proposed assignee has not suffered any significant citations or other censure from any federal, state or local agency having jurisdiction over its Solid Waste management operations due to any significant failure to comply with state, federal or local Environmental Laws and that the assignee has provided City with a complete list of such citations and censures; 3) that the proposed assignee *Awl, has at all times conducted its operations in an environmentally safe and conscientious fashion; 4) that the proposed assignee conducts its Solid Waste management practices in accordance with sound waste management practices in full compliance with all federal, state and local laws regulating the Collection, transportation, processing, marketing and disposal of Solid Waste including Hazardous Wastes; 5) that the proposed assignee, and any its officers, directors or employees have not been convicted of a) fraud or criminal offense in connection with obtaining, attempting to obtain, procuring or performing a public or private agreement related to Recyclables or Solid Waste services of any kind (including collection, hauling, transfer, processing, composting or disposal), including this Agreement or any amendment thereto or b) bribery or attempting to bribe a public officer or employee of a local, state, or federal agency in that officer or director's of Contractor's employee's official capacity; or c) embezzlement, extortion, racketeering, false claims, false statements, forgery, falsification or destruction of records, obstruction of justice, knowingly receiving stolen property, theft, or misprision (failure to disclose) of a felony; or d)unlawful disposal of hazardous or designated waste the occurrence of which the Contractor knows or should have known; and, 6) of any other information required by City to ensure the proposed assignee can fulfill the Terms of this Agreement in a timely safe and effective manner. 13.6 Subcontracting Except as approved in writing by the City, Contractor shall not enter into an agreement to have another Person perform Contractor's duties of this Agreement. Contractor shall undertake to pay City its reasonable expenses for attorney's fees and investigation costs necessary to investigate the suitability of any proposed subcontractor, and to review and finalize any documentation required as a condition for approving any such subcontracting Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 33 217 agreement. 13.7 Binding on Assigns The provisions of this Agreement shall inure to the benefit to and be binding on the permitted assigns of the parties. 13.8 Transition to Next Contractor If the transition of services to another Contractor occurs through expiration of term, default and termination, or otherwise, Contractor will cooperate with City and subsequent Contractor(s) to assist in an orderly transition which will include Contractor providing route lists and billing information. Contractor will not be obliged to sell Collection vehicles or Containers to the next Contractor. Depending on Contractor's circumstances at the point of transition, Contractor at its option may enter into negotiations with the next Contractor to sell (in part or all) Collection vehicles and/or containers. 13.9 Parties in Interest Nothing in the Agreement, whether express or implied, is intended to confer any rights on any persons other than the parties to it and their representatives, successors and permitted assigns. 13.10 Waiver The waiver by either party of any breach or violation of any provisions of this Agreement shall not be deemed to be a waiver of any breach or violation of any other provision nor of any subsequent breach of violation of the same or any other provision. The subsequent acceptance by either party of any monies that become due hereunder shall not be deemed to be a waiver of any pre-existing or concurrent breach or violation by the other party of jr any provision of this Agreement. 13.11 Contractor's Investigation Contractor has relied on its own investigations, and not on any representations of the City or its agents of the conditions and circumstances surrounding the Agreement and the work to be performed by it. 13.12 Notice All notices, demands, requests, proposals, approvals, consents and other communications which this Agreement requires, authorizes or contemplates shall be in writing and shall either be personally delivered to a representative of the parties at the address below or be deposited in the United States mail, first class postage prepaid, addressed as follows: If to City: City of Atascadero 6907 El Camino Real Atascadero, CA 93422 Attn. City Manager If to Contractor: USA Waste of California, Inc., dba AWA 7625 San Luis Avenue Atascadero, CA 93422 Attn. Keith Ramsey The address to which communications may be delivered may be changed ftom time to time by a notice given in accordance with this Article. The notice, if mailed, is deemed served three (3)days after the mailing. Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 34 218 13.13 Representatives of the Parties References in this Agreement to the "City" shall mean the City Council and all actions to be taken by City shall be taken by the City Council except as provided below. The City Council may delegate, in writing, authority to the City Manager or his/her designee, City Attorney, and/or to other City employees and may permit such employees, in turn, to delegate in writing some or all of such authority to subordinate employees. Contractor may rely upon actions taken by such delegates if they are within the scope of the authority properly delegated to them. Contractor shall, by the effective date, designate in writing a responsible officer who shall serve as the representative of Contractor in all matters related to the Agreement and shall inform City in writing of such designation and of any limitations upon his or her authority to bind Contractor. City may rely upon action taken by such designated representative as actions of Contractor unless they are outside the scope of the authority delegated to him/her by Contractor as communicated to City. 13.14 City Free to Negotiate with Third Parties City may investigate all options for the Collection, processing and marketing of Recyclable Materials after the expiration of the Term. Without limiting generality of the foregoing, City may solicit proposals from Contractor and from third parties for the provision of Garbage and Recycling services, and any combination thereof, and may negotiate and execute Agreements for such services that will take effect upon the expiration or earlier termination under Article 12.1 (Events of Default) of this Agreement. 13.15 Compliance with City Municipal Code Contractor shall comply with all provisions of the City Municipal Code and with any and all amendments to these provisions during the Term of this Agreement. 13.16 Privac Contractor shall strictly observe and protect the rights of privacy of customers. Information identifying individual customers or the composition or contents of a customer's waste stream shall not be revealed to any person, governmental unit, private agency, or contractor, unless upon the authority of a court of law, by statute, or upon valid authorization of the customer. This provision shall not be construed to preclude Contractor from preparing, participating in, or assisting in the preparation of waste characterization studies or waste stream analyses that may be required by AB 939. ARTICLE 15 MISCELLANEOUS AGREEMENTS 14.1 Entire Agreement This Agreement, including the exhibits, represents the full and entire Agreement between the parties with respect to the matters covered herein. 14.2 Article Headings The article headings in this Agreement are for convenience of reference only and are not intended to be used in the construction of this Agreement nor to alter or affect any of its provisions. 14.3 References to Laws and Other Agreements All references in this Agreement to laws shall be understood to include such laws as they Atascadero Solid Waste Collection Franchise Agreement (November 27, 2007)Page 35 - 219 may be subsequently amended or recodified, unless otherwise specifically provided. This Agreement supersedes the Prior Agreement dated May 1, 1996, and any subsequent amendments. 14.4 Interpretation This Agreement, including the exhibits attached hereto, shall be interpreted and construed reasonably and neither for nor against either party, regardless of the degree to which either party participated in its drafting. 14.5 Aereement This Agreement may not be modified or amended in any respect except by a writing signed by the parties. 14.6 Severability If any non-material provision of this Agreement is for any reason deemed to be invalid and unenforceable, the invalidity or unenforceability of such provision shall not affect any of the remaining provisions of this Agreement that shall be enforced as if such invalid or unenforceable provision had not been contained herein. 14.7 Exhibits Each of exhibits is attached hereto and incorporated herein and made a part hereof by this reference. IN WITNESS WHEREOF, City and Contractor have executed this Agreement as of the day and year first above written. The City of Atascadero USA Waste of California, Inc. r..r►� By------------------------ By---------------------- Wade McKinney, City Manager Title: Attest: -------------------------- Marcia Torgerson, City Clerk Approved as to Form: -------------------------- Brian Pierik, City Attorney r.rr Atascadero Solid Waste Collection Franchise Agreement(November 27, 2007)Page 36 220 - EXHIBIT A (4 pages) RESIDENTIAL CART RATES Rate Rate Rate Service Type 8/1/2007 5/1/2008 5/1/2009 32 gal $18.65 60 gal $33.00 90 gal $42.70 COMMERCIAL BIN RATES Rate Rate Rate 1 yard 8/1/2007 5/1/2008 5/1/2009 1.0x1 $110.06 1.0x2 $199.78 1.0x3 $288.11 1.0x4 $375.73 1.0x5 $463.66 1.5 yard 1.5x1 $130.41 1.5x2 $237.52 1.5x3 $343.55 1.5x4 $451.21 1.5x5 $558.95 2 yard 2x1 $149.44 2x2 $275.19 2x3 $400.86 2x4 $526.61 2x5 $681.17 3 yard 3x1 $185.23 3x2 $350.75 3x3 $513.86 3x4 $677.27 3x5 $840.60 3x6 $1,005.90 4 yard 4x1 $224.84 4x2 $427.95 4x3 $627.07 4x4 $829.95 4x5 $1,036.72 4x6 $1,232.18 6 yard 6x1 $290.64 6x2 $557.29 6x3 $826.12 6x4 $1,094.73 6x5 $1,363.39 6x6 $1,632.31 Moe 221 AWA Commercial Cart Rate Rate Rate Rate 08/1/2007 5/1/2008 5/1/2009 32 Gallon $33.59 60 Gallon $45.15 90 Gallon $58.74 222 CITY OF ATASCADERO Commercial OCC Bin Recycling COMMERCIAL Monthly Monthly Monthly Rate Rate Rate BINS 08/01/2007 05/01/2008 05/01/2009 1.0x1 No Charge 1.0x2 $84.32 1.0x3 $120.70 1.0x4 $156.72 1.0x5 $192.90 1.5x1 No Charge 1.5x2 $95.40 1.5x3 $136.74 1.5x4 $178.89 1.5x5 $221.08 2x1 No Charge 2x2 $106.45 2x3 $153.71 2x4 $201.02 2x5 $262.72 3x1 No Charge 3x2 $128.66 3x3 $186.85 3x4 $245.20 3x5 $303.51 3x6 $362.79 4x1 No Charge 4x2 $151.68 4x3 $220.10 4x4 $290.39 4x5 $362.63 4x6 $429.22 6x1 $98.60 6x2 $185.21 6x3 $272.90 6x4 $360.48 6x5 $448.10 6x6 $535.84 223 ADDITIONAL CHARGES -AWA TYPE OF CHARGE SVC Rate Rate Rate CODE 8/1/2007 5/1/2008 5/1/2009 APPLIANCES APP-A $ 33.80 BIN ,ICKUFEEd " ABPF $ 45.11 BILLING FEE BF $ 7.45 CNT1N PIIS a ACPF $ 45.11 rNTAiMERI� Ei/ �� �, ACRDF $ 45.11 DRIVE IN 100-200' (PER 4 WK) D11-A $ 7.80 DRIVE IN 200-300' (PER 4 WK) D12-A $ 15.35 DRIVE IN OVER 300' D13-A $ 23.10 ECO BAG ABAGS $ 4.85 EXTRA PICK UP/CALL IN AEPC $ 5.15 EXTRA PICK UP/DRIVER AEPD $ 5.15 EXTF AEYC $ 16.28 w I AEYD $ 16.28 GO kBA / ,© tMRtlAL "r AGBC $ 9.80 GO BACK/RESIDENTIAL AGBR $ 5.15 LABOR/PER HOUR ALBR $ 88.55 LOC'�Bt2 � ; „ - 1 .ALB $ 44.75 LACK SAR; ALBLK $ 54.04 MATTRESS/FULL MSF-A $ 29.65 MATTRESS/KING-QUEEN MSKQ-A $ 32.55 MATTRESS/TWIN MST-A $ 25.05 PULL-OUT FEE APF $ 23.80 REFRIG/FREEZER REF-A $ 66.40 RETURNED CHECK CHARGE ARCF $ 14.65 TIRE TR $ 7.45 TIRE W/RIM TRR $ 10.20 UNRETURNED 32G CART AUR3C $ 58.95 UNRETURNED 64G CART AUR6C $ 73.65 UNRETURNED 96G CART AUR9C $ 88.55 WALK IN SERVICE YARD-A $ 9.40 WATER HEATER WH-A $ 33.80 rrrr�' 224 EXHIBIT B Garbaee and Recyclini'Service in Public Areas 77 7: E {_ ,TYPE OF SERVICE,. , ? wW k �.F.ACILITY ' .,,� f;> x .` AbDRESS City Hall 6907 EI Camino Real Waste/Rec cle Historic City Administration Building 6500 Palma Avenue Waste/Rec cle George C. Beatie Skate Park 5493 Traffic Way Waste/ Rec cle Police Department 5505 EI Camino Real Waste/Rec cle Fire Station#1 6005 Lewis Avenue Waste/Recycle Fire Station#2 9801 W. Front Street Waste/Recycle Lake Pavilion 9315 Pismo Avenue Waste/Recycle Colony Park Maintenance Yard 5599 Traffic Way Waste/Recycle/Greenwaste Waste Water Treatment Plant 8005 Gabarda Waste/Recycle/Greenwaste Atascadero Lake Park 9315 Pismo Avenue Waste/Recycle/ Greenwaste Charles Paddock Zoo 9305 Pismo Avenue Waste/Rec cle Alvord Baseball Field 9305 Pismo Avenue Waste/Recycle Paloma Park 11665 Viejo Camino Waste/Recycle/Greenwaste Colony Park Community Center 5599 Traffic Wa Waste/Recycle NN Atascadero Solid Waste Collection Franchise Agreement (November 27, 2007)Page 38 225 226