Loading...
HomeMy WebLinkAboutAgenda Packet 112310 ARCHIVE COPY _ CITY CLERK J 1918 �" R X979 ,�„� ------ CITY OF A TA SCA DERO l: CITY COUNCIL AGENDA Tuesday, November 23, 2010 6:00 P.M. City Nall Council Chambers 6907 El Camino Real, Atascadero,'California REGULAR SESSION — CALL TO ORDER: 6:00 P.M. PLEDGE OF ALLEGIANCE: Council Member Beraud ROLL CALL: Mayor Fonzi Mayor Pro Tem O'Malley Council Member Beraud Council Member Clay Council Member Kelley APPROVAL OF AGENDA: Roll Call 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. DRAFT MINUTES: Council meeting draft minutes are listed on the Consent Calendar for approval of the minutes. Should anyone wish to request an amendment to draft minutes, the item will be removed from the Consent Calendar and their suggestion will be considered by the City Council. If anyone desires to express their opinion concerning issues included in draft minutes, they should share their opinion during the Community Forum portion of the meeting.) 1 1. City Council Meeting Draft Action Minutes — November 9, 2010 • Recommendation: Council approve the City Council Meeting Draft Action Minutes of November 9, 2010. [City Clerk] 2. Amendment of Pre-Qualification Procedure for ACH-08 Bid on Historic City Hall Proiect ■ Fiscal Impact: This proposed change is expected to widen the pool of potential contractors for bid ACH-08, and could allow for a more competitive price. ■ Recommendation: Council adopt the attached Draft Resolution, authorizing the amendment of the procedure for pre-qualification of contractors for the ACH-08 bid on the Historic City Hall Project. [Administrative Services] 3. Drug and Alcohol Policy— Transit Services ■ Fiscal Impact: The City of Atascadero receives approximately $210,000 per year in FTA operating assistance for transit services. Expenditures for Drug and Alcohol testing average $300-$400 per year. ■ Recommendation: Council adopt the attached Drug and Alcohol Policy for safety-sensitive Transit employees. [Public Works] UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any current issues of concern to the City Council.) 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 three 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.) B. PUBLIC HEARINGS: 1. 2010 Bicycle Transportation Plan - Final Review and Adoption ■ Ex Parte Communications: ■ Fiscal Impact: There is no fiscal impact to the City by the adoption of the proposed 2010 City of Atascadero Bicycle Transportation Plan. ■ Recommendations: Parks and Recreation Commission recommends the City Council: 1. Adopt Draft Resolution A, certifying Proposed Mitigated Negative Declaration 2010-0006; and, 2. Adopt Draft Resolution B, adopting the proposed 2010 City of Atascadero Bicycle Transportation Plan. [Community Services] 2 2. Adoption of New 2010 California Building Codes; Modifications to Atascadero Municipal Code: Title 8 Building Regulations and Adoption of the New 2010 California Fire Code; Modifications to the Atascadero Municipal Code: Title 4 Fire Regulations j ■ Ex Parte Communications: ■ Fiscal Impact: Staff expects minimal fiscal impact from the adoption of the new building codes. ■ Recommendations: Council introduce for first reading by title only, Draft Ordinance A adopting the mandated California Building Codes, the International Property Maintenance Code, the California Fire Code, and the International Wildland Interface Code with proposed local amendments contained in Title 8 and Title 4 of the Atascadero Municipal Code. [Community Development] C. MANAGEMENT REPORTS: None. 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): Manor Fonzi 1. Air Pollution Control District 2. County Mayors Round Table 3. Economic Vitality Corporation, Board of Directors (EVC) 4. SLO Local Agency Formation Commission (LAFCo) - alternate Manor Pro Tem O'Malley 1. League of California Cities — Council Liaison and CITIPAC Board Member 2. SLO Council of Governments, President (SLOCOG) 3. SLO Regional Transit Authority, President (SLORTA) Council Member Beraud 1 . City/ Schools Committee 2. Integrated Waste Management Authority (IWMA) Council Member Clay 1. City/ Schools Committee Council Member Kelley 1. Atascadero State Hospital Advisory Committee 2. Atascadero Youth Task Force 3. Homeless Services Oversight Council 3 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 23, 2010 Regular Session of the Atascadero City Council was posted on November 16, 2010 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 16th day of November, 2010, at Atascadero, California. ictoria Randall, Deputy City Clerk City of Atascadero 4 City of Atascadero WELCOME TO THE ATASCADERO CITY COUNCIL MEETING The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. unless there is a Community Redevelopment Agency meeting commencing at 6:00 p.m. in which event the Council meeting will commence immediately following the conclusion of the Community Redevelopment Agency meeting. Council meetings will be held at the City Hall Council 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, 6907 EI Camino Real, Atascadero, 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 videotaped 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 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 approach the lectern and be recognized. 1. Give your name for the record (not required) 2. State the nature of your business. 3. All comments are limited to 3 minutes. 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 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). 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 lectern. If you wish to speak for, against or comment in any way: 1. You must approach the lectern and be recognized by the Mayor 2. Give your name (not required) 3. Make your statement 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 3 minutes 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 must be brought to the meeting on a USB drive or CD. 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 neard by the Council. 5 6 ITEM NUMBER: A- 1 DATE: 11/23/10 9 i��l rs F r, n ,. lei8 R is7a CITY OF ATASfPoll 0LOA CITY COUNCIL ®DAFT ACTION MINUTES Tuesday, November 9, 2010 City Hall Council Chambers 6907 LI Camino Real, Atascadero, California City Council Closed Session: 5:30 P.M. City Council Regular Session: 6:00 P.M. CITY COUNCIL CLOSED SESSION: 5:30 P.M. Mayor Fonzi called the meeting to order at 5:31 p.m. 1. CLOSED SESSION -- PUBLIC COMMENT - None 2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION 3. CLOSED SESSION -- CALL TO ORDER a. Conference with Real Property Negotiators (Govt. Code Sec. 54956.8) Property APN#045-312-034 City Negotiator: Wade McKinney, City Manager Negotiating Parties: Wells Fargo Bank Under Negotiation: Instruction to negotiator will concern price and terms of payment. CC Draft Action Minutes 11/09/10 Rage 1 of 8 7 ITEM NUMBER: A- 1 DATE: 11/23/10 4. CLOSED SESSION -- ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION -- REPORT City Attorney Pierik announced that there was no reportable action taken. REGULAR SESSION — CALL TO ORDER: 6:00 P.M. Mayor Fonzi called the meeting to order at 6:03 p.m. and Abby Hearst led the Pledge of Allegiance. ROLL CALL: Present: Council Members Clay, O'Malley, Kelley, Beraud and Mayor Fonzi Absent: None Others Present: City Clerk/ Assistant to City Manager Marcia McClure Torgerson Staff Present: City Manager Wade McKinney, Assistant City Manager Jim Lewis, Community Development Director Warren Frace, Public Works Director Russ Thompson, Community Services Director Brady Cherry, Police Commander Steve Gesell, Fire Chief Kurt Stone, and City Attorney Brian Pierik. APPROVAL OF AGENDA: Roll Call MOTION: By Council Member Beraud and seconded by Council Member Kelley to approve the agenda. Motion passed 5:0 by a roll-call vote. PRESENTATION: 1. 2010 Regional Transportation Plan and Preliminary Sustainable Communities Strategy (2010 RTP-PSCS), presented by Steve Devencenzi, Planning Director, San Luis Obispo Council of Governments CC Draft Action Minutes 11/09/10 Page 2 of 8 8 ITEM NUMBER: A- 1 DATE: 11/23110 Mr. Devencenzi explained the details of the Regional Transportation Plan to the Council, and answered questions from the Council. A. CONSENT CALENDAR: 1. City Council Meetincl Draft Action Minutes — October 26, 2010 ■ Recommendation: Council approve the City Council Meeting Draft Action Minutes of October 26, 2010. [City Clerk] 2. September 2010 Accounts Payable and Payroll ■ Fiscal Impact: $2,585,115.50. ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for September 2010. [Administrative Services] 3. September 2010 Investment Report ■ Fiscal Impact: None. ■ Recommendations: Council receive and file the City Treasurer's report for quarter ending September 2010. [Administrative Services] MOTION: By Council Member Clay and seconded by Council Member Kelley to approve the Consent Calendar. Motion passed 5:0 by a roll-call vote. UPDATES FROM THE CITY MANAGER: City Manager Wade McKinney gave an update on projects and issues within the City. COMMUNITY FORUM: The following citizens spoke during Community Forum: Tom Gaddis, Terry Mathis, Joanne Main, Linda Ann, Judy Vick, Bruce Bevins, Steve Martin, Jim Patterson, and Lee Livick. B. PUBLIC HEARINGS: None. CC Draft Action Minutes 11/09/10 Page 3 of 8 9 ITEM NUMBER: A- 1 DATE: 11/23/10 C. MANAGEMENT REPORTS: 1. Funding for San Luis Obispo County Library - Atascadero ■ Fiscal Impact: The appropriation is $197,900 in Library Expansion Facilities Fees Funds and $57,000 in General Funds. These funds have been earmarked for Library expansion and will not impact other City operations. ■ Recommendations: Council: 1 . Authorize the Director of Administrative Services to appropriate $57,000 of the City's General Fund toward the City's contribution of the library expansion project; and, 2. Authorize the Director of Administrative Services to appropriate $197,900 of the City's'Library Expansion Facilities Fees Fund toward the City's contribution of the library expansion project. [City Manager] City Manager Wade McKinney gave the staff report and answered questions from the Council. Mayor Fonzi asked County Library Director Brian Reynolds to speak on this issue. Mr. Reynolds explained the purchase of the building by the County and answered questions from the Council Mayor Fonzi asked Supervisor Jim Patterson to speak on this issue. Supervisor Patterson stated how important this partnership between the County and the Friends of the Library of Atascadero is to the future of the Library. PUBLIC COMMENT: The following citizens spoke on this item: Len Colamarino, Grenda Ernst, Eileen O'Grady, Christina Lefevre, and Donn Clickard. Mayor Fonzi closed the Public Comment period. MOTION: By Council Member Beraud and seconded by Mayor Pro Tem O'Malley to: 1. Authorize the Director of Administrative Services to appropriate $57,000 of the City's General Fund toward the City's contribution of the library expansion project; and, 2. Authorize the Director of Administrative Services to appropriate $197,900 of the City's Library Expansion Facilities Fees Fund toward the City's contribution of the library expansion project. Motion passed 5:0 by a roll-call vote. Mayor Fonzi recessed the meeting at 7:18 p.m. CC Draft Action Minutes 11/09/10 Rage 4 of 8 10 ITEM NUMBER: A- 1 DATE: 11/23/10 Mayor Fonzi reconvened the meeting at 7.29 p.m. 2. Tobacco Retail Business Compliance Plan ■ Fiscal Impact: There will be minor costs including increased staff hours resulting from the additional focus placed on educating and warning tobacco retailers. ■ Recommendations: Council: 1 . Direct staff to initiate intermediate steps by firmly working with the tobacco business retailers in Atascadero to explore and implement alternatives, options, and opportunities to comply with State law concerning the sale of tobacco products; and, 2. Direct staff to return to Council with their findings in June 2011. [Police] City Manager McKinney stated that this issue was brought to the Council by Council Member Beraud in September 2010, and there was Council consensus to have staff return to the Council with the options available to them. Police Commander Steve Gesell gave the staff report and answered questions from the Council. Council Member Beraud asked that the submission received today, from Christina Lefevre, be made part of the record of tonight's meeting. (Exhibit A) PUBLIC COMMENT: The following citizens spoke on this item: Christina Lefevre (spoke twice), Mike Zappas (spoke twice), Jim Kincaid (spoke twice), Taylor Hixson, Callie Free, Samantha Rosenblum, Joshua Sorio, Allison Hagerty, Luke Thach, Lucas Agar, Alissa Palma, Samantha Simonini, Molly Morgan, Amon Kara, Megan Rue, Jason Reed, Joanne Main, Lee Livick, Bruce Bevins, and Austin Davis. Mayor Fonzi closed the Public Comment period. Mayor Fonzi recessed the meeting at 9:05 p.m. Mayor Fonzi reconvened the meeting at 9:14 p.m. CC Draft Action Minutes 11/09/10 Page 5 of 8 11 ITEM NUMBER: A- 1 DATE: 11/23/10 MOTION: By Council Member Clay and seconded by Council Member Kelley to: 1. Direct staff to initiate intermediate steps by firmly working with the tobacco business retailers in Atascadero to explore and implement alternatives, options, and opportunities to comply with State law concerning the sale of tobacco products; and, 2. Direct staff to return to Council with their findings in June 2011, or sooner. Motion passed 3:2 by a roll-call vote. (Beraud and O'Malley opposed) Council Member Beraud stated for the record that she is extremely disappointed that this Council is putting monetary concerns over the health of our youth. City Manager McKinney clarified for the Council that the options the Council identified as those items that they wanted implemented by staff are: A letter from the Police Chief delivered by a Council Member or the Chamber, increased workshops, dialogue with business owners by Council, and a report of findings back to the Council in 6 months or less. COUNCIL ANNOUNCEMENTS AND REPORTS: Mayor Fonzi asked for more information on the impact of the passage of Proposition 26 on our fees. City Manager McKinney stated that the League of California Cities emailed out a white paper to all City officials today concerning Proposition 26. Mayor Pro Tem O'Malley stated that he wants this Council to be a 5:0 Council. He announced that he will have to miss the November 23rd Council meeting, and Council Member Kelley is unable to attend the December 14th Council meeting. The December 14th meeting is when the Council confirmed the election results, the newly elected City officials are sworn in, and the Council decides on key leadership positions, such as Mayor and Redevelopment Agency Chair. He recommended that the Council re- organization be postponed to December 28th and that the Council hold a one hour Special Session preceding that meeting to allow discussion of the Council positions and assignments and our expectations of each other in those positions. There was Council consensus to accept Mayor Pro Tem O'Malley's recommendations. CC Draft Action Minutes 11/09/10 Page 6 of 8 12 ITEM NUMBER: A- 1 DATE: 11/23/10 D. COMMITTEE REPORTS: Mayor Fonzi County Mayors Round Table — Mayor Fonzi stated that the Mayors discussed the possible need for cities to add an Economic Element to their General Plans. We also might want to consider an Economic Checklist in addition to the Environmental Checklist we already use. Mayor Pro Tem O'Malley SLO Council of Governments, President (SLOCOG) — Mayor Pro Tem O'Malley will be attending the Executive Committee; there is a concern with how Paso Robles is setting their North County Bus Route as that could impact Atascadero and our connectivity with the North County Cuesta campus. Council Member Kelley Atascadero State Hospital Advisory Committee — Council Member Kelley announced that he has an application in the Governor's office to be on the Advisory Committee of the ASH. He has been interviewed by the Governor's office and hopes to be appointed soon. Atascadero Youth Task Force — Task Force members have expressed concerns about the Pedestrian Tunnel; the City Manager has focused on the issue and improvements have been noticed. E. INDIVIDUAL DETERMINATION AND/ OR ACTION: Community Development Director Frace summarized the joint meeting of the County Board of Supervisors and Planning Commission to review the Paso Robles Ground Water Resource Capacity Study. City Clerk City Clerk Torgerson announced that she has one applicant for the Parks and Recreation Commission Youth Rep position and asked for Mayor Fonzi to appoint two Council Members to interview the applicant. Mayor Fonzi appointed Council Members Clay and Kelley. City Clerk Torgerson also explained to the Council the upcoming vacancies on the Commissions and asked for direction to advertise for interested citizens to apply for those positions. There was Council consensus to direct the City Clerk to advertise for the Commission vacancies. City Manager A. Commissioner Attendance Report CC Draft Action Minutes 11/09/10 Page 7 of 8 13 ITEM NUMBER: A- 1 DATE: 11/23/10 F. ADJOURNMENT: Mayor Fonzi adjourned the meeting at 10:05 p.m. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C. City Clerk / Assistant to the City Manager The following exhibit is available for review in the City Clerk's office: Exhibit A— Documentation submitted by Christina Lefevre CC Draft Action Minutes 11/09/10 Page 8 of 8 14 ITEM NUMBER: A- 2 DATE: 11/23/10 9 197 ;\A�scAu�►% A tascadero City Council Staff Report - Public Works Department Amendment of Pre-Qualification Procedure for ACH-08 Bid on Historic City Hall Project RECOMMENDATION: Council adopt the attached Draft Resolution, authorizing the amendment of the procedure for pre-qualification of contractors for the ACH-08 bid on the Historic City Hall Project. DISCUSSION: On October 12, 2010, Council adopted a Pre-Qualification Procedure for ACH-08 bid on the Historic City Hall Project. The Pre-Qualification was released on October 20, and since that time, Bernards has been communicating with potential contractors on the package. Through that process, Bernards has received valuable feedback that prompted a re-evaluation of the FEMA-related scoring section of the Pre-Qualification Procedure. The scoring system was initially set up to require experience with FEMA-funded projects. However, with the size and location of the project, the pool of highly- qualified contractors with both historic and FEMA-related experience is narrow. Of the two types of expertise, the historic experience is the most critical to the project. By altering the scoring system for the FEMA-related experience, many more firms will be in a position to pre-qualify. To adjust for this change in the FEMA-related requirements of the contractors, Bernards will alter their management plan accordingly to ensure complete accuracy of FEMA-required documentation. City staff recommends revising the FEMA-related scoring section to broaden the pool of potential contractors so that many more contractors might pre-qualify. City staff and Bernards continue to welcome local participation in the project. In addition, Bernards is actively reaching out to local contractors and are encouraging them to monitor the City's web site and local plan rooms for bids, communicate regularly with Bernards, and watch for sub-contracting opportunities. Out-of-town contractors will be provided lists of local contractors, 15 ITEM NUMBER: A- 2 DATE: 11/23/10 local laborers, and local hotels, restaurants, and stores. The positive financial benefits of the project will be evident in many different sectors of the local economy. The ACH-08 bid package is expected to be released in January 2011 . FISCAL IMPACT: This proposed change is expected to widen the pool of potential contractors for bid ACH-08, and could allow for a more competitive price. ATTACHMENTS: 1 . Draft Resolution Authorizing the Amendment of a Pre-Qualification Procedure for Contractors Seeking to Bid Historic City Hall Bid ACH-08 2. Revised Pre-Qualification Package 16 Attachment 1 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA AUTHORIZING THE AMENDMENT OF A PRE-QUALIFICATION PROCEDURE FOR CONTRACTORS SEEKING TO BID HISTORIC CITY HALL BID ACH-08 WHEREAS, the City of Atascadero is in the process of restoring the earthquake- damaged Historic City Hall building, and, WHEREAS, the building is listed on the National Register of Historic Places and is a California registered Historical Landmark; and, WHEREAS, specific portions of the restoration are historically technical in nature and require significant experience and proficiency; and, WHEREAS, the City of Atascadero has determined that pre-qualifying contractors for the Historic City Hall Restoration Project bid ACH-08 is in the City's best interest; and, WHEREAS, staff has developed a process in compliance with Section 201.01 of the Public Contract Code which regulates pre-qualification procedures; and, WHEREAS, City Council adopted Resolution 2010-069 establishing a Pre- Qualification Procedure for Historic City Hall Restoration Project bid ACH-08; and, WHEREAS, the amendment to the current Pre-Qualification Procedure for Historic City Hall Restoration Project bid ACH-08 will broaden the pool of potential contractors to pre-qualify. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Atascadero, that a pre-qualification procedure is hereby amended for contractors seeking to bid on Historic City Hall bid ACH-08, Hazardous Materials Mitigation, Demolition, Historical Fabric, Shotcrete Structural Stabilization and Interior Finishes. 17 Attachment 1 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: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Roberta Fonzi, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney 18 Attachment 2 PRE-QUALIFICATION OF CONTRACTORS HISTORIC CITY HALL PROJECT BID PACKAGE ACH-S lip a, 0 IIII Hazardous Materials Mitigation, Demolition, Historical Fabric, Shotcrete Structural Stabilization and Interior Finishes 19 TABLE OF CONTENTS PAGE INTRODUCTION AND OVERVIEW OF THE 1999 LAW AND ITS APPLICATION .............................3 I. Important Provisions Of The 1999 Law........................................................................3 II. Role of the Department of Industrial Relations...........................................................3 III. An Overview Of The Documents In This Package.....................................................3 IV. Appeal Procedure..........................................................................................................4 V. Application Of The Public Records Act.......................................................................5 VI. Law's Provisions Regarding Prequalification Of Subcontractors............................5 PRE-QUALIFICATION QUESTIONNAIRE......................................................................................6 ContactInformation............................................................................................................7 Part I: Essential Requirements for Qualification .............................................................8 Part II: Organization, History, Organizational Performance, Compliance with Civil and Criminal Laws.......................................................................10 A. Current Organization And Structure Of The Business .......................................10 B. History of The Business And Organizational Performance.................................11 C. Compliance With Occupational Safety And Health Laws And With Other Labor Legislation Safety............................................................16 Part III. Recent Construction Projects Completed .........................................................19 SCORABLE QUESTIONS AND THE SCORING INSTRUCTIONS ......................................................23 INTERVIEW QUESTIONS—COMPLETED PROJECTS REFERENCE...............................................38 INTERVIEW QUESTIONS—CONSTRUCTION MANAGEMENT(OWNER)REFERENCE....................41 REQUEST FOR PRE-QUALIFICATION OF BIDDERS COMMENCING WITH FORTHCOMING PUBLIC WORK BID............................................................................................41 SOURCES FOR VERIFICATION OF INFORMATION GIVEN BY CONTRACTORS.............................49 2 20 I. IMPORTANT PROVISIONS OF THE 1999 LAW In 1999, the Legislature enacted a law that allows many public agencies to require licensed contractors that wish to bid for public works jobs to "pre-qualify" for the right to bid on a specific public works project, or on public works project undertaken by a City of Atascadero during a specified period of time. Public Contract Code section 20101 has the relevant provisions; it was enacted as part of Assembly Bill 574. The law does not re uire any city to adopt a pre-qualification system. Instead, it authorizes every city to adopt a pre-qualification system, and describes certain requirements that must be met if a city chooses to adopt such a system. The 1999 law allows the establishment of two different kinds of pre-qualification procedures for public works projects. The law allows a city to establish a pre-qualification procedure linked to a single project (Section 20101[d]). Or, the City of Atascadero may adopt a procedure by which a contractor may qualify to bid on projects which are put out for bid by that agency for a period of one year after the date of initial pre-qualification. (Section 20101[e]). The law requires every city that creates either kind of pre-qualification procedure to: (1) use a "standardized questionnaire and financial statement in a form specified by the public entity"(Section 20101[a]); (2) adopt and apply a uniform system of rating bidders on objective criteria, on the basis of the completed questionnaires and financial statements (Section 20101[b]); (3) create an appeal procedure, by which a contractor that is denied pre-qualification may seek a reversal of that determination. (Section 20101[d]). II. ROLE OF THE DEPARTMENT OF INDUSTRIAL RELATIONS AB 574 required the Department of Industrial Relations (DIR) to "develop model guidelines for rating bidders, and draft the standardized questionnaire." It required DIR to "consult with affected public agencies, cities and counties, the construction industry, the surety industry, and other interested parties." It was determined that a model questionnaire provided to public agencies offers a system of rating bidders based on objective criteria, and a useful and appropriate series of questions. III. AN OVERVIEW OF THE DOCUMENTS IN THIS PACKAGE Included in this package are: 3 21 1. A questionnaire to be sent to contractors. The questionnaire includes spaces for answers to be provided by the contractors, with the forms to be returned to the City of Atascadero. As required by the legislation, the information provided to the City of Atascadero by the contractors, other than the names, addresses and contractor license numbers of the contractors applying—is to be kept confidential 2. A scoring system, for rating the answers given by the contractors and by the references. 3. A series of questions to be used by representatives of the City of Atascadero when interviewing persons who are identified by contractors as their "references" — owners of projects that have been completed by each contractor in the recent past. 4. DIR's suggestions for procedures to be used for conducting the reference interviews. 5. Announcements of pre-qualification procedures, prepared primarily for licensed contractors, although available for the general public as well. 6. A list of sources of information that may be used by a City of Atascadero to verify the accuracy of many of the answers given by the contractors to the questions on the questionnaire. IV. APPEAL PROCEDURE 1. The City of Atascadero hereby establishes the Bidder Pre-Qualification Appeals Panel ("Appeals Panel") consisting of the following, or their designees: the City Director of Public Works, City Administrative Services Director, Designated City Project Manager. 2. The decision of the Appeals Panel shall be the City's final administrative decision and any judicial review thereof shall be instituted no later than the time period referred to in Section 1094.6 of the Code of Civil Procedure. 3. If a Contractor submits a complete and timely application for pre-qualification and the Contractor receives a negative determination, the Contractor may appeal that negative determination to the Appeals Panel. 4. An appeal is initiated by the Contractor delivering a written notice of appeal to the City no later than five (5) business days after the date of the City's notice of the negative pre- qualification determination. The appeal must contain the reasons for the appeal and any supporting documentation. 5. If the Contractor gives the required notice of appeal and requests a hearing, the hearing shall be conducted so that it is concluded no later than five business days after the City of Atascadero's receipt of the notice of appeal and no later than ten business days prior to the last date for the receipt of bids on the project. 4 22 a.Hearings shall be informal b. The Contractor will be given an opportunity to present reasons and evidence in opposition to the negative determination. 6. Within one day after the conclusion of the hearing, the Appeals Panel will render its decision. It is the intention of City of Ataseadero that the date for the submission and opening of bids will not be delayed or postponed to allow for completion of an appeal process. 7. If no timely appeal is finaled, the Contractor waives any and all rights to challenge the decision of the City regarding pre-qualification, whether by administrative process, judicial process or any other legal process or proceeding. 8. The Appeals Panel shall hold a hearing on appeals when the notice of appeal requests that a hearing be held. V. APPLICATION OF THE PUBLIC RECORDS ACT AB 574 provides that "The questionnaires and financial statements shall not be public records and shall not be open to public inspection; however, records of the names of contractors applying for prequalifieation status shall be public records subject to disclosure" under the Public Records Act. (Section 20101[a]). VI. PROVISIONS REGARDING PREQUALIFICATION OF SUBCONTRACTORS Public agencies are not required to pre-qualify sub-contractors, nor are public agencies prohibited from doing so. Section 20101(f) says: Nothing in this section shall preclude the awarding agency from prequalifying or disqualifying a subcontractor. The disqualification by an awarding agency does not disqualify an otherwise prequalified [general] contractor. 5 23 24 PRE-QUALIFICATION QUESTIONNAIRE .......... 6 25 PRE-QUALIFICATION OF CONTRACTORS HISTORIC CITY HALL PROJECT BID PACKAGE ACH-S CONTACT INFORMATION Firm Name: Check One: ❑ Corporation (as it appears on license) ❑ Partnership ❑ Sole Prop. Contact Person: Address: Phone: Fax: Email: If firm is a sole proprietor or partnership: Owner(s) of Company Contractor's License Number(s): 7 26 PART 1. ESSENTIAL REQUIREMENTS FOR QUALIFICATION Contractor will be immediately disqualified if the answer to any of questions 1 through 5 is"no."' Contractor will be immediately disqualified if the answer to any of questions 6, 7, 8 or 9 is"yes."2 Contractor will be immediately disqualified if the answer to both 10 and 11 is"no". 1. Contractor possesses a valid and current Contractor's license for the project or projects for which it intends to submit a bid and is able to obtain a California Contractor's license prior to award. ❑ Yes ❑ No 2. Contractor has a liability insurance policy with a policy limit of at least $5,000,000 per occurrence and $10,000,000 aggregate? Submit proof, or provide a notarized statement from your insurance company indicating that your firm can obtain this level of insurance. ❑ Yes ❑ No 3. Contractor has current workers' compensation insurance policy as required by the Labor Code or is legally self-insured pursuant to Labor Code section 3700 et. seq. (If headquartered out of state, Contractor will be required to provide proof of ability to obtain California workers' compensation insurance. ❑ Yes ❑ No ❑ Contractor is exempt from this requirement,because it has no employees 4. Have you attached your latest copy of a reviewed or audited financial statement with accompanying notes and supplemental information.3 ❑ Yes ❑ No NOTE: A financial statement that is not either reviewed or audited is not acceptable. A letter verifying availability of a line of credit may also be attached; however, it will be considered as supplemental information only, and is not a substitute for the required financial statement. 1 A"no" answer to Question 4 will not be disqualifying if the contractor is exempt from complying with Question 4,for reasons explained in footnote 7. 2 A contractor disqualified solely because of a"Yes"answer given to question 6,7,or 9 may appeal the disqualification and provide an explanation of the relevant circumstances during the appeal procedure. 3 Public Contract Code section 20101(e)exempts from this requirement a contractor who has qualified as a small business pursuant to Government Code section 14837(d)(1), if the bid is"no more than 25 per cent of the qualifying amount provided in section 14837(d)(1)." As of January 1, 2001,the qualifying amount is$10 million, and 25 per cent of that amount,therefore, is$2.5 million. 8 27 5. Have you attached a notarized statement from an admitted surety insurer (approved by the California Department of Insurance) and authorized to issue bonds in the State of California, which states: (a) that your current bonding capacity is sufficient for the project for which you seek pre-qualification? (b) your current available bonding capacity?4 ❑ Yes ❑ No NOTE: Notarized statement must be from the surety company, not an agent or broker. 6. Has your contractor's license been revoked at any time in the last five years? ❑ Yes ❑ No 7. Has a surety firm completed a contract on your behalf, or paid for completion because your firm was default terminated by the project owner within the last five(5)years? ❑ Yes ❑ No 8. At the time of submitting this pre-qualification form, is your firm ineligible to bid on or be awarded a public works contract, or perform as a subcontractor on a public works contract, pursuant to either Labor Code section 1777.1 or Labor Code section 1777.7? ❑ Yes ❑ No If the answer is "Yes," state the beginning and ending dates of the period of debarment: 9. At any time during the last five years, has your firm, or any of its owners or officers been convicted of a crime involving the awarding of a contract of a government construction project, or the bidding or performance of a government contract? ❑ Yes ❑ No 10. Within the last five years does your firm have experience working on an historic restoration project? ❑ Yes ❑ No 11. Within the last five years does your firm have experience working on a standard FEMA Public Assistance Program funded seismic project, not an "Improved Project" per FEMA guidelines? ❑ Yes ❑ No 4 An additional notarized statement from the surety may be requested by the City of Atascadero at the time of submission of a bid, if this pre-qualification package is submitted more than 60 days prior to submission of the bid. 9 28 PART II. ORGANIZATION, HISTORY, ORGANIZATIONAL PERFORMANCE, COMPLIANCE WITH CIVIL AND CRIMINAL LAWS A. Current Organization and Structure of the Business For Firms That Are Corporations: 1 a. Date incorporated : lb. Under the laws of what state: lc. Provide all the following information for each person who is either (a) an officer of the corporation (president, vice president, secretary, treasurer), or (b) the owner of at least ten per cent of the corporation's stock. Name Position Years with Co. % Ownership Social Security# Id. Identify every construction firm that any person listed above has been associated with (as owner, general partner, limited partner or officer) at any time during the last five years. NOTE: For this question,"owner" and"partner" refer to ownership of ten per cent or more of the business, or 10 per cent or more of its stock, if the business is a corporation. Dates of Person's Participation Person's Name Construction Firm with Firm For Firms That Are Partnerships: Ia. Date of formation: lb. Under the laws of what state: 1 c. Provide all the following information for each partner who owns 10 per cent or more of the firm. Name Position Years with Co. % Ownership Social Security# � 10 29 Id. Identify every construction company that any partner has been associated with (as owner, general partner, limited partner or officer) at any time during the last five years. NOTE: For this question,"owner"and"partner" refer to ownership of ten per cent or more of the business, or ten per cent or more of its stock,if the business is a corporation. Dates of Person's Participation Person's Name Construction Company with Company For Firms That Are Sole Proprietorships: Ia. Date of commencement of business. lb. Social security number of company owner. le. Identify every construction firm that the business owner has been associated with (as owner, general partner, limited partner or officer) at any time during the last five years. NOTE: For this question, "owner" and"partner" refer to ownership of ten per cent or more of the business, or ten per cent or more of its stock, if the business is a corporation. Dates of Person's Participation Person's Name Construction Company with Company For Firms That Intend to Make a Bid as Part of a Joint Venture: la. Date of commencement of joint venture. lb. Provide all of the following information for each firm that is a member of the joint venture that expects to bid on one or more projects: Name of firm % Ownership of Joint Venture ll 30 B. History of the Business and Organizational Performance 2. Has there been any change in ownership of the firm at any time during the last three years? NOTE: A corporation whose shares are publicly traded is not required to answer this question. ❑ Yes ❑ No If"yes," explain on a separate signed page. 3. Is the firm a subsidiary, parent,holding company or affiliate of another construction firm? NOTE: Include information about other firms if one firm owns 50 per cent or more of another, or if an owner, partner, or officer of your firm holds a similar position in another firm. ❑ Yes ❑ No If"yes,"explain on a separate signed page. 4. Are any corporate officers,partners or owners connected to any other construction firms. NOTE: Include information about other firms if an owner, partner, or officer of your firm holds a similar position in another firm. ❑ Yes ❑ No If"yes," explain on a separate signed page. 5. State your firm's gross revenues for each of the last three years: 6. How many years has your organization been in business as a contractor under your present business name and license number? years 7. Is your firm currently the debtor in a bankruptcy case? ❑ Yes ❑ No If"yes," please attach a copy of the bankruptcy petition, showing the case number, and the date on which the petition was filed. 8. Was your firm in bankruptcy at any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to question 7, above) ❑ Yes ❑ No If"yes," please attach a copy of the bankruptcy petition, showing the case number and the date on which the petition was filed, and a copy of the Bankruptcy Court's discharge order, or of any other document that ended the case, if no discharge order was issued. 12 31 Licenses 9. List all construction license numbers, classifications and expiration dates of the contractor licenses held by your firm: 10. If any of your firm's license(s) are held in the name of a corporation or partnership, list below the names of the qualifying individual(s) listed on the CSLB records who meet(s) the experience and examination requirements for each license. 11. Has your firm changed names or license number in the past five years? ❑ Yes ❑ No If"yes," explain on a separate signed page, including the reason for the change. 12. Has any owner, partner or (for corporations:) officer of your firm operated a construction firm under any other name in the last five years? ❑ Yes ❑ No If"yes," explain on a separate signed page, including the reason for the change_ 13. Has any CSLB license (or license of any other state) held by your firm or its Responsible Managing Employee (RME) or Responsible Managing Officer (RMO) been suspended within the last five years? ❑ Yes ❑ No If"yes,"please explain on a separate signed sheet. Disputes 14. At any time in the last five years has your firm been assessed and paid liquidated damages after completion of a project under a construction contract with either a public or private owner? ❑ Yes ❑ No If yes, explain on a separate signed page, identifying all such projects by owner, owner's address, the date of completion of the project, amount of liquidated damages assessed and all other information necessary to fully explain the assessment of liquidated damages. 15. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason? 13 32 NOTE: "Associated with" refers to another construction firm in which an owner, partner or officer of your firm held a similar position, and which is listed in response to question lc or ld on this form. ❑ Yes ❑ No If "yes," explain on a separate signed page. State whether the firm involved was the firm applying for pre-qualification here or another firm. Identify by name of the company, the name of the person within your firm who was associated with that company, the year of the event, the owner of the project, the project and the basis for the action. 16. In the last five years has your firm been denied an award of a public works contract based on a finding by a City of Atascadero that your company was not a responsible bidder? ❑ Yes ❑ No If "yes," explain on a separate signed page. Identify the year of the event, the owner, the project and the basis for the finding by the City of Atascadero. NOTE: The following two questions refer only to disputes between your firm and the owner of a project. You need not include information about disputes between your firm and a supplier, another contractor, or subcontractor. You need not include information about "pass-through" disputes in which the actual dispute is between a sub-contractor and a project owner. Also, you may omit reference to all disputes about amounts of less than $50,000. 17. In the past five years has any claim against your firm concerning your firm's work on a construction project been filed in court or arbitration? ❑ Yes ❑ No If"yes," on separate signed sheets of paper identify the claim(s) by providing the project name, date of the claim, name of the claimant, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending or, if resolved, a brief description of the resolution). 18. In the past five years has your firm made any claim against a project owner concerning work on a project or payment for a contract and filed that claim in court or arbitration? ❑ Yes ❑ No If "yes," on separate signed sheets of paper identify the claim by providing the project name, date of the claim, name of the entity (or entities) against whom the claim was filed, a brief description of the nature of the claim, the court in which the case was filed and a brief description of the status of the claim (pending, or if resolved, a brief description of the resolution). 19. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf, in connection with a construction project, either public or private? ❑ Yes ❑ No 14 33 If "yes," explain on a separate signed page the amount of each such claim, the name and telephone number of the claimant, the date of the claim, the grounds for the claim, the present status of the claim, the date of resolution of such claim if resolved, the method by which such was resolved if resolved, the nature of the resolution and the amount, if any, at which the claim was resolved. 20. In the last five years has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? ❑ Yes ❑ No If"yes," explain on a separate signed page. Name the insurance carrier, the form of insurance and the year of the refusal. Criminal Matters and Related Civil Suits 21. Has your firm or any of its owners, officers or partners ever been found liable in a civil suit or found guilty in a criminal action for making any false claim or material misrepresentation to the City of Atascadero or any entity? ❑ Yes ❑ No If "yes," explain on a separate signed page, including identifying who was involved, the name of the entity, the date of the investigation and the grounds for the finding. 22. Has your firm or any of its owners, officers or partners ever been convicted of a crime involving any federal, state, or local law related to construction? ❑ Yes ❑ No If "yes," explain on a separate signed page, including identifying who was involved, the name of the City of Atascadero, the date of the conviction and the grounds for the conviction. 23. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes ❑ No If"yes," identify on a separate signed page the person or persons convicted, the court (the county if a state court, the district or location of the federal court), the year and the criminal conduct. Bonding 24. Bonding capacity: Provide documentation from your surety identifying the following: Name of bonding company/surety: Name of surety agent, address and telephone number: 15 34 25. If your firm was required to pay a premium of more than one per cent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one per cent, if you wish to do so. 26. List all other sureties (name and full address) that have written bonds for your firm during the last five years, including the dates during which each wrote the bonds: 27. During the last five years, has your firm ever been denied bond coverage by a surety company, or has there ever been a period of time when your firm had no surety bond in during a public construction roect when one was required? place b p p J q ❑ Yes ❑ No If yes, provide details on a separate signed sheet indicating the date when your firm was denied coverage and the name of the company or companies which denied coverage; and the period during which you had no surety bond in place. C. Compliance with Occupational Safety and Health Laws and with Other Labor Legislation Safety 28. Has CAL OSHA cited and assessed penalties against your firm for any "serious," "willful" or "repeat" violations of its safety or health regulations in the past five years? NOTE: If you have filed an appeal of a citation, and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal, you need not include information about it. ❑ Yes ❑ No If "yes," attached a separate signed page describing the citations, including information about the dates of the citations, the nature of the violation, the project on which the citation(s) was or were issued, the amount of penalty paid, if any. If the citation was appealed to the Occupational Safety and Health Appeals Board and a decision has been issued, state the case number and the date of the decision. 16 35 29. Has the Federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past five years? NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation. ❑ Yes ❑ No If"yes," attach a separate signed page describing each citation. 30. Has the EPA or any Air Quality Management District or any Regional Water Quality Control Board cited and assessed penalties against either your firm or the owner of a project on which your firm was the contractor, in the past five years? NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation. ❑ Yes ❑ No If"yes," attach a separate signed page describing each citation. 31. How often do you require documented safety meetings to be held for construction employees and field supervisors during the course of a project? 32. List your firm's Experience Modification Rate (EMR) (California workers' compensation insurance) for each of the past three premium years: NOTE: An Experience Modification Rate is issued to your firm annually by your workers' compensation insurance carrier. Current year: Previous year: Year prior to previous year: If your EMR for any of these three years is or was 1.00 or higher you may, if you wish, attach a letter of explanation. 33. Within the last five years has there ever been a period when your firm had employees but was without workers' compensation insurance or state-approved self-insurance? ❑ Yes ❑ No If"yes," please explain the reason for the absence of workers' compensation insurance on a separate signed page. If "No," please provide a statement by your current workers' compensation insurance carrier that verifies periods of workers' compensation insurance coverage for the last five years. (If your firm has been in the construction business for less than five years, provide a statement by your workers' compensation insurance carrier 17 36 verifying continuous workers' compensation insurance coverage for the period that your firm has been in the construction business.) Prevailing Wage and Apprenticeship Compliance Record 34. Has there been more than one occasion during the last five years in which your firm was required to pay either back wages or penalties for your own firm's failure to comply with the state's prevailing wage laws? NOTE: This question refers only to your own firm's violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor. ❑ Yes ❑ No If "yes," attach a separate signed page or pages, describing the nature of each violation, identifying the name of the project, the date of its completion, the City of Atascadero for which it was constructed; the number of employees who were initially underpaid and the amount of back wages and penalties that you were required to pay. 35. During the last five years, has there been more than one occasion in which your own firm has been penalized or required to pay back wages for failure to comply with the federal Davis-Bacon prevailing wage requirements? ❑ Yes ❑ No If "yes," attach a separate signed page or pages describing the nature of the violation, identifying the name of the project, the date of its completion, the City of Atascadero for which it was constructed; the number of employees who were initially underpaid, the amount of back wages you were required to pay along with the amount of any penalty paid. 36. Provide the name, address and telephone number of the apprenticeship program (approved by the California Apprenticeship Council) from whom you intend to request the dispatch of apprentices to your company for use on any public work project for which you are awarded a contract by City of Atascadero 37. If your firm operates its own State-approved apprenticeship program: (a) Identify the craft or crafts in which your firm provided apprenticeship training in the past year. (b) State the year in which each such apprenticeship program was approved, and attach evidence of the most recent California Apprenticeship Council approval(s) of your apprenticeship program(s). 18 37 (c) State the number of individuals who were employed by your firm as apprentices at any time during the past three years in each apprenticeship and the number of persons who, during the past three years, completed apprenticeships in each craft while employed by your firm. 38. At any time during the last five years, has your firm been found to have violated any provision of any State apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works? NOTE: You may omit reference to any incident that occurred prior to January 1, 1998, if the violation was by a subcontractor and your firm, as general contractor on a project, had no knowledge of the subcontractor's violation at the time they occurred. ❑ Yes ❑ No If"yes," provide the date(s) of such findings, and attach copies of the Department's final decision(s). PART III. RECENT CONSTRUCTION PROJECTS COMPLETED 39. EXPERIENCE ON FEMA FUNDED AND HISTORIC RESTORATION PROJECTS Indicate the experience that your firm has in working on FEMA funded and historic restoration projects of a similar scale and complexity. This experience should include detailed information about the building and the project. Please provide information regarding each of such projects using the format immediately below. A. RECENT HISTORIC CONSTRUCTION PROTECTS COMPLETED Contractor shall provide information about its six most recently completed public or private "historic" construction projects on registered (Local, State or National buildings) projects within the last 4v-e—ten years of a similar scale and complexity. Names and references must be current and verifiable. Use separate sheets of paper that contain all of the following information: Project Name: Location: Owner: 19 38 Owner Contact(name and current phone number): Architect or Engineer: Architect or Engineer Contact(name and current phone number): Construction Manager(name and current phone number): Description of Project, Scope of Work Performed: Total Value of Construction (including change orders): Original Scheduled Completion Date: Time Extensions Granted (number of days): Actual Date of Completion: 20 39 B. RECENT FEMA FUNDED CONSTRUCTION PROJECTS COMPLETED Indicate the experience that your firm has in working on FEMA funded projects of a similar scale and complexity. Projects must be standard FEMA Public Assistance Program funded seismic proiects, not "Improved Projects" per FEMA guidelines. This experience should include detailed information about the building and the project. Please provide information regarding each of such projects using the format immediately below. Project Name: Location: Owner: Owner Contact(name and current phone number): Architect or Engineer: Architect or Engineer Contact (name and current phone number): Construction Manager(name and current phone number): Description of Project, Scope of Work Performed: Total Value of Construction (including change orders): Original Scheduled Completion Date: 21 40 Time Extensions Granted(number of days): Actual Date of Completion: C. EXPERIENCE OF KEY PERSONNEL Attach a current resume with detailed experience of key personnel that will be on site for the duration of the project. Key staff including the Pfojeet Managa.-r-,--on-site Foreman mor Superintendent must have historic r-estoratieH project experience. Resume must clearly note any experience with jobs of similar complexity. experience with "historic" construction projects on renistered (Local. State or National) buildiiiLs and experience with FEMA funded Public Assistance Projects (Not "Imnroved" or "Alternate" Projects) . Project Manager: Foreman: Superintendent: I, the undersigned, certify and declare that I have read all the foregoing answers to this prequalification questionnaire and know their contents. The matters stated in the questionnaire answers are true of my own knowledge and belief, except as to those matters stated on information and belief, and as to those matters I believe them to be true. I declare under penalty of perjury under the laws of the State of California, that the foregoing is correct. Dated: (Name) 22 I 41 42 SCORABLE QUESTIONS AND SCORING INSTRUCTIONS l �YIIUv I� 23 43 SCORABLE QUESTIONS AND THE SCORING INSTRUCTIONS The . questions uestions arise in three different areas: (I) History of the business and organizational performance; (lI) Compliance with occupational safetv and health laws, workers' compensation and other labor legislation; and (III) Completion of recent projects quality of performance and staff experience Note: Not all questions in the questionnaire are scorable; some questions simply ask for information about the contractor firm's structure, officers and history. This document includes only those questions that are"scorable." The Scores Needed for Prequalification To prequalify, a contractor would be required to have a passing grade within each of the three large categories referred to above. For Section I, "History of the business and organizational performance," The City of Atascadero has established a passing score of 57 out of a possible 76 points on this portion of the questionnaire. For Section II, Compliance with occupational safety and health laws, workers' compensation and other labor legislation The City of Atascadero has established a passing score of 38 out of a possible 53 points on this portion of the questionnaire. Section III, Completion of recent projects and quality of performance, The City of Atascadero has established a passing score of 14 out of ^ possible 19 points 8 out of a possible 12 points on this portion of the questionnaire. Note: A-"0" searn-b question #1 and question ... results in disqualifieation Feaga-Fdless ne iafi. For the interview questions the City of Atascadero has established a scoring system that allows a maximum score of 120 points for each interview. For these questions, the City of Atascadero has established qualification for a contractor whose score on each of two interviews is 72 points or more; a denial of pre-qualification for a contractor whose score on either interview is less than 55 points; and an additional interview with another reference if the score resulting from one interview is between 55 points and 72 points. 24 44 Questions about History of the Business and Organizational Performance (16 questions) 1. How many years has your organization been in business in California as a contractor under your present business name and license number? years 3 years or more=2 points 4 years=3 points 5 years=4 pts. 6 years or more =5 points 2. Is your firm currently the debtor in a bankruptcy case? ❑ Yes ❑ No "No"=3 points" "Yes"=0 points 3. Was your firm in bankruptcy any time during the last five years? (This question refers only to a bankruptcy action that was not described in answer to question 7, above). ❑ Yes ❑ No "No" = 3 points" "Yes"= 0 points 4. Has any CSLB license held by your firm or its Responsible Managing Employee (RME) or Responsible Managing Officer(RMO) been suspended within the last five years? ❑ Yes ❑ No No =5 points Yes =0 points 5. At any time in the last five years, has your firm been assessed and paid liquidated damages after completion of a project, under a construction contract with either a public or private owner? ❑ Yes ❑ No No projects with liquidated damages of more than$50,000, or one project with liquidated damages =5 points. Two projects with liquidated damages of more than $50,000 =3 points Any other answer:no points 25 45 6. In the last five years has your firm, or any firm with which any of your company's owners, officers or partners was associated, been debarred, disqualified, removed or otherwise prevented from bidding on, or completing, any government agency or public works project for any reason? NOTE: "Associated with" refers to another construction firm in which an owner, partner or officer of your firm held a similar position, and which is listed in response to question lc or 1d on this form. ❑ Yes ❑ No No =5 points Yes=0 points 7. In the last five years, has your firm been denied an award of a public works contract based on a finding by a City of Atascadero that your company was not a responsible bidder? ❑ Yes ❑ No No =5 points Yes = 0 points NOTE: The following two questions refer only to disputes between your firm and the owner of a project. You need not include information about disputes between your firm and a supplier, another contractor, or subcontractor. You need not include information about "pass-through" disputes in which the actual dispute is between a sub-contractor and a project owner. Also, you may omit reference to all disputes about amounts of less than $50,000. 8. In the past five years, has any claim against your firm concerning your firm's work on a construction project, been filed in court or arbitration? ❑ Yes ❑ No If the firm's average gross revenue for the last three years was less than $50 million, scoring is as follows: 5 points for either "No"or "Yes"indicating I such instance. 3 points for "Yes"indicating 2 such instances. 0 points for "Yes"if more than 2 such instances. If your firm's average gross revenue for the last three years was more than $50 million, scoring is as follows: 5 points for either"No"or "Yes"indicating 1, 2, or 3 such instances. 3 points for "Yes"indicating either 4 or 5 such instances. 0 points for "Yes"if more than 5 such instances. 26 46 9. In the past five years, has your firm made any claim against a project owner concerning work on a project or payment for a contract, and filed that claim in court or arbitration? ❑ Yes ❑ No If your firm's average gross revenues for the last three years was less than$50 million scoring is as follows: 5 points for either"No"or "Yes"indicating 1 such instance. 3 points for "Yes"indicating 2 such instances. 0 points for "Yes"if more than 2 such instances. If your firm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either"No"or "Yes"indicating 1, 2, or 3 such instances. 3 points for "Yes"indicating either 4 or 5 such instances. 0 points for "Yes"if more than 5 such instances. 10. At any time during the past five years, has any surety company made any payments on your firm's behalf as a result of a default, to satisfy any claims made against a performance or payment bond issued on your firm's behalf in connection with a construction project, either public or private? ❑ Yes ❑ No 5 points for either"No"or "Yes"indicating I such claim. 3 points for "Yes"indicating no more than 2 such claims Subtract five points for "Yes"if more than 2 such claims 11. In the last five years, has any insurance carrier, for any form of insurance, refused to renew the insurance policy for your firm? ❑ Yes ❑ No 5 points for either"No"or "Yes"indicating I such instance. 3 points for "Yes"indicating 2 such instances. 0 points for "Yes"or if more than 2 such instances. 12. Has your firm, or any of its owners, officers, or partners ever been found liable in a civil suit, or found guilty in a criminal action, for making any false claim or material misrepresentation to any City of Ataseadero or entity? ❑ Yes ❑ No No =5 points Yes = subtract 5 points 27 47 13. Has your firm, or any of its owners, officers or partners ever been convicted of a crime involving any federal, state, or local law related to construction? ❑ Yes ❑ No No = 5 points Yes = subtract 5 points 14. Has your firm or any of its owners, officers or partners ever been convicted of a federal or state crime of fraud, theft, or any other act of dishonesty? ❑ Yes ❑ No No =5 points Yes =subtract 5 points 15. If your firm was required to pay a premium of more than one per cent for a performance and payment bond on any project(s) on which your firm worked at any time during the last three years, state the percentage that your firm was required to pay. You may provide an explanation for a percentage rate higher than one per cent, if you wish to do SO. °Io 5 points if the rate is no more than one per cent 3 points if the rate was no higher than 1.10 per cent. 0 points for any other answer. 16. During the last five years,has your firm ever been denied bond credit by a surety company, or has there ever been a period of time when your firm had no surety bond in place during a public construction project when one was required? ❑ Yes ❑ No No =5 points Yes = 0 points 28 48 Questions about compliance with safety, workers compensation, prevailing wage and apprenticeship laws. (11 questions) 1. Has CAL OSHA cited and assessed penalties against your firm for any"serious," "willful" or"repeat"violations of its safety or health regulations in the past five years? Note: If you have filed an appeal of a citation and the Occupational Safety and Health Appeals Board has not yet ruled on your appeal,you need not include information about it. ❑ Yes ❑ No If the firm's average gross revenues for the last three years was less than $50 million, scoring is as follows: 5 points for either"No"or "Yes"indicating I such instance. 3 points for "Yes"indicating 2 such instances. 0 points for "Yes"if more than 2 such instances. If the firm's average gross revenues for-the last three years was more than $50 million, scoring is as follows: 5 points for either "No"or "Yes"indicating 1, 2, or 3 such instances. 3 points for "Yes"indicating either 4 or 5 such instances. 0 points for "Yes"if more than 5 such instances. 2. Has the federal Occupational Safety and Health Administration cited and assessed penalties against your firm in the past five years? Note: If you have filed an appeal of a citation and the appropriate appeals Board has not yet ruled on your appeal, you need not include information about it. ❑ Yes ❑ No If yes, attach a separate signed page describing each citation. If the f rm's average gross revenues for the last three years was less than $50 million, scoring is as follows: 5 points for either "No"or "Yes"indicating 1 such instance. 3 .for nts iYes P oindicating 2 such instances. 0 points for "Yes"or if more than 2 such instances. If the firm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either "No"or "Yes"indicating 1, 2, or 3 such instances. 3 points for "Yes"indicating either 4 or 5 such instances. 0 points for "Yes"if more than 5 such instances. 29 49 3. Has the EPA or any Air Quality Management District or any Regional Water Quality Control Board cited and assessed penalties against either your firm or the owner of a project on which your firm was the contractor, in the past five years? NOTE: If you have filed an appeal of a citation and the Appeals Board has not yet ruled on your appeal, or if there is a court appeal pending, you need not include information about the citation. ❑ Yes ❑ No If the firm's average gross revenues for the last three years was less than $50 million, scoring is as follows: 5 points for either "No"or "Yes"indicating I such instance. 3 points for "Yes"indicating 2 such instances. 0 points for "Yes"or if more than 2 such instances. If the firm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either "No"or "Yes"indicating 1, 2, or 3 such instances. 3 points for "Yes"indicating either 4 or 5 such instances. 0 points for "Yes"if more than 5 such instances. 4. How often do you require documented safety meetings to be held for construction employees and field supervisors during the course of a project? 3 points for an answer of once each week or more often. 0 points for any other answer 5. List your firm's Experience Modification Rate (EMR) (California workers' compensation insurance) for each of the past three premium years: NOTE: An Experience Modification Rate is issued to your firm annually by your workers' compensation insurance carrier. Current year: Previous year: Year prior to previous year: If your EMR for any of these three years is or was 1.00 or higher, you may, if you wish, attach a letter of explanation. NOTE: An Experience Modification Rate is issued to your firm annually by your workers' compensation insurance carrier. 5 points for three-year average EMR of.95 or less 3 points for three-year average of EMR of more than .95 but no more than 1.00 0 points for any other EMR 30 50 - - 6. Within the last five years, has there ever been a period when your firm had employees but was without workers' compensation insurance or state-approved self-insurance? ❑ Yes ❑ No 5 points for either"No"or "Yes"indicating 1 such instance. 0 points for any other answer. 7. Has there been more than one occasion during the last five years on which your firm was required to pay either back wages or penalties for your own firm's failure to comply with the state's prevailing wage laws? ❑ Yes ❑ No NOTE: This question refers only to your own firm's violation of prevailing wage laws, not to violations of the prevailing wage laws by a subcontractor. If your firm's average gross revenues for the last three years was less than$50 million, scoring is as follows: 5 points for either"No,"or "Yes"indicating either I or 2 such instance. 3 points for "Yes"indicating 3 such instances. 0 points for "Yes"and more than 3 such instances. If your firm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either"No"or "Yes"indicating no more than 4 such instances. 3 points for "Yes"indicating either 5 or 6 such instances. 0 points for "Yes"and more than 6 such instances. 8. During the last five years,has there been more than one occasion on which your own firm has been penalized or required to pay back wages for failure to comply with the federal Davis-Bacon prevailing wage requirements? ❑ Yes ❑ No If your firm's average gross revenues for the last three years was less than $50 million, scoring is as follows: 5 points for either "No,"or "Yes"indicating either I or 2 such instance. 3 points for "Yes"indicating 3 such instances. 0 points for "Yes"and more than 3 such instances. If your firm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either "No"or "Yes"indicating no more than 4 such instances. 3 points for "Yes"indicating either 5 or 6 such instances. 0 points for "Yes"and more than 6 such instances. 31 51 9. Provide the name, address and telephone number of the apprenticeship program sponsor(s) (approved by the California Division of Apprenticeship Standards) that will provide apprentices to your company for use on any public work project for which you are awarded a contract by City of Atascadero 5 points if at least one approved apprenticeship program is listed. 0 points for any other answer. 10. If your firm operates its own State-approved apprenticeship program: (a) Identify the craft or crafts in which your firm provided apprenticeship training in the past year. (b) State the year in which each such apprenticeship program was approved, and attach evidence of the most recent California Apprenticeship Council approval(s) of your apprenticeship program(s). (c) State the number of individuals who were employed by your firm as apprentices at any time during the past three years in each apprenticeship and the number of persons who, during the past three years, completed apprenticeships in each craft while employed by your firm. 5 points if one or more persons completed an approved apprenticeship while employed by your firm. 0 points if no persons completed an approved apprenticeship while employer by your firm. I1. At any time during the last five years, has your firm been found to have violated any provision of California apprenticeship laws or regulations, or the laws pertaining to use of apprentices on public works? NOTE: You may omit reference to any incident that occurred prior to January 1, 1998 if the violation was by a subcontractor and your firm, as general contractor on a project, had no knowledge of the subcontractor's violation at the time they occurred. ❑ Yes ❑ No. If yes, provide the date(s) of such findings, and attach copies of the Department's final decision(s). 32 52 If your firm's average gross revenues for the last three years was less than $50 million, scoring is as follows: 5 points for either"No,"or "Yes"indicating either I or 2 such instance. 3 points for "Yes"indicating 3 such instances. 0 points for "Yes"and more than 3 such instances. If your firm's average gross revenues for the last three years was more than $50 million, scoring is as follows: 5 points for either"No"or "Yes"indicating no more than 4 such instances. 3 points for "Yes"indicating either 5 or 6 such instances. 0 points for "Yes"and more than 6 such instances. 33 53 Questions concerning staff experience and recent construction projects completed EXPERIENCE ON FEMA FUNDED AND HISTORIC RESTORATION PROJECTS Indicate the experience that your firm has in working on FEMA funded and historic restoration projects of a similar scale and complexity. This experience should include detailed information about the building and the project. Please provide information regarding each of such projects using the format immediately below. 1. RECENT HISTORIC CONSTRUCTION PROTECTS COMPLETED Contractor shall provide information about its six most recently completed public or private "historic" construction projects on registered (Local, State or National buildings) projects within the last f*e-ten years of a similar scale and complexity. Names and references must be current and verifiable. Use separate sheets of paper that contain all of the following information: Project Name: Location: Owner: Owner Contact(name and current phone number): Architect or Engineer: Architect or Engineer Contact(name and current phone number): Construction Manager(name and current phone number): 34 54 Description of Project, Scope of Work Performed: Total Value of Construction (including change orders): Original Scheduled Completion Date: Time Extensions Granted (number of days): Actual Date of Completion: Scoring of previous historic projects completed: 5 points for 6 or more similar projects. 4 points for 4-5 similar projects 3 points for 2-3 similar projects. I point for I similar project. 0 points for 0 similar projects` ,,-ale and complexity. Projeets must be standard FEMA Public A, 3tttttte�cr�zrrr�—Pr-O.Jeets not ccT••'pr-oyed Projects" peF FEMA - id limn a and the PFO*�. Pleasa Pfojeet Name: OwfieF G t (rffne 1 „t phone 1 iimhA-) � 35 55 o-4--EfigfneeFi ineer b r t- t' Manager-(name a etiffepA plione numb): Desefiption of Project, Scope of WE)4E PeFflalffled-.- Tatal Value of Gensti-detion b b Original Scheduled Completion Date: Actual Pate, E)f Completion: Scoring of pr-evious FEMA Funded ----:ects completed: 7 pointfor 7 similar .r-oj,et. -l'_ E m+r., r�9a 11 -1-- �t}Er � r£ Sz4T7� rni1. A Completed" 42. EXPERIENCE OF KEY PERSONNEL 36 56 Attach a current resume with detailed experience of key personnel that will be on site for the duration of the project. Key staff including on-site Foreman or Superintendent must have historic project experiSuper-intenden� must have historic ence. �-restoration- project experienee. Resume must clearly note any experience erience with 'obs of similar,complexity, experience with "historic" construction projects on registered (Local State or National) buildings, and experience with FEMA funded Public Assistance Proiects (Not"Improved"or"Alternate"Projects) . Substitution of key staff will not be permitted without the prior approval of the City of Atascadero. Project Manager: Scoring Project Manager experience: I point for Historic Project Experience I point for Experience on a project of similar complexity Foreman: Scoring Foreman experience: 1 point for Historic Project Experience 1 point for Experience on a project of similar complexity Superintendent: Scoring Superintendent erintendent exP erience: I point for Historic Project Experience I point for Experience on a project of similar complexity Scoring staff FEMA experience: 1 paint for FE,/VIA Project Experience (Public Assistance Program) 37 57 58 REFERENCE INTERVIEW PROCEDURES AND QUESTIONS CONTRACTOR REFERENCE 38 59 INTERVIEW QUESTIONS The following questions will be used to interview randomly selected contacts from at least two completed projects. The City of Atascadero will conduct the interviews. No action on the contractor's part is necessary. These questions are included on the package given to the contractor for information only. The highest possible score is 120 Points. A score less than 55 points disqualifies a contractor from bidding on projects that are proposed by the City of Atascadero. A score of between 56 and 72 indicates the City of Atascadero should conduct an interview of another contact, that is, a manager of another completed project. A score of 72 or higher on each of two interviews is sufficient for pre-qualification. First, please give abrief description of the project. 1. Are there any outstanding stop notices, liens, or claims by the contractor that are currently unresolved on contracts for which notices of completion were recorded more than 120 days ago? (1 point for each is deducted from overall score; maximum amount to be deducted is 5 points) 2. On a scale of 1-10, with 10 being the best, did the contractor provide adequate personnel? (Max. 10 points) 3. On a scale of 1-10, with 10 being the best, did the contractor provide adequate supervision? (Max. 10 points) 4. On a scale of 1-10, with 10 being the best, was there adequate equipment provided on the job? (Max. 10 points) 5. On a scale of 1-10, with 10 being the best, was the contractor timely in providing reports and other paperwork, including change order paperwork and scheduling updates? (Max. 10 points) 6. On a scale of 1-10, with 10 being the best, did the contractor adhere to the project schedule that your [agency] [business] approved? (Max. 10 points) T Was the project completed on time? (10 points if the answer is "Yes"). Or. if the answer is "no," on a scale of 1-10, with 10 being the best, to what extent was the contractor responsible for the delay in completion? 8. On a scale of 1-10, with 10 being the best, rate the contractor on the timely submission of reasonable cost and time estimates to perform change order work. (Max. 10 points) 39 60 9. On a scale of 1-10, with 10 being the best, rate the contractor on how well the contractor performed the work after a change order was issued, and how well the contractor integrated the change order work into the existing work. (Max. 10 points). 10. On a scale of 1-10, with 10 being the best, rate how has the contractor been performing in the area of turning in Operation &Maintenance manuals, completing as-built drawings, providing required training and taking care of warranty items? (Max. 10 points) 11. On a scale of 1-10, with 10 being the best, rate the contractor on whether there were an unusually high number of claims, given the nature of the project, or unusual difficulty in resolving them. (Max. 10 points) 12. On a scale of 1-10, with 10 being the highest, rate the contractor with respect to timely payments by the contractor to either subcontractors or suppliers. (If the person being interviewed knows of no such difficulties, the score on this question should be"10.") 13. On a scale of 1-10, with 10 being the best, how would you rate the quality of the work overall? (Max. 10 points) 40 61 62 REFERENCE INTERVIEW PROCEDURES AND QUESTIONS CONSTRUCTION MANAGEMENT REFERENCE 41 63 O INSTRUCTIONS FOR PUBLIC AGENCIES Re: Interview Questions The following is meant to assist the City of Atascadero to conduct the interviews of the managers of projects previously completed (that is, the people who supervised the projects for the project owners) by the contractor wishing to pre-qualify. The interview questions allow qualitative review of work performance for contractors who choose to bid and pre-qualify for public works contracts. The interview questions will be used to examine randomly selected contacts from at least two completed past projects. In each question, the person being interviewed is asked to rate a certain aspect of contractor's performance, using a scale of 1 to 10. The highest possible score is 120 points. A score of less than 55 points disqualifies the contractor from bidding on projects that are proposed by the City of Atascadero. A score of 72 points or more on each interview is sufficient for a contractor to qualify on this portion of the prequalification process. If the scores resulting from an interview are between 55 and 72, the City of Atascadero should conduct another interview to collect additional information. It is possible that the score given to any interview answer may be challenged in an appeal. For that reason, be sure to: (a) ask the person being interviewed for specific information or details, to explain or substantiate the numerical answer given; and (b) take written notes of the information provided. Selection of the Interviewer: (a) The City of Atascadero should select an individual who is at least moderately well informed about public works construction. (b) The individual should be unbiased during the interview; this is to ensure accurate implementation of the interview questions. (c) The individual should not use examples or deviate from the questions unless the project manager is unclear and prompts further explanation. The interviewer should offer additional explanation of the questions only if he/she is sure of the intent of the question in the interview. Locating the respondent to interview: (a) The interviewer should attempt to contact a project manager of a past project for the interview. The interviewer should be aware that for one interview to be completed, there may be a need to interview multiple individuals. That is, the interviewer may have to contact multiple individuals, such as the project manager concerning the building process, and a financial manager for warranty items, assessed liens, and the like. (b) Once reached, the interviewer should review the information contained in the questionnaire of the past project with the project manager. That is, review who is being interviewed and why (purposes of pre-qualifying for public works), the past project type, completion date, and other pertinent information to ensure that the project manager is sure of the project he/she is asked to review. 42 64 Interview Length: (a) The interview should take 8-12 minutes, under normal circumstances. (b) The interviewer, when contacting the project manager, should convey the expected time which it takes to conduct the interview. This is to ensure the individual is not discouraged from taking part in the interview Conducting the interviews: (a) The interview should examine at least two separate past projects listed in the questionnaire. (b) After the interview is scored, the interviewer should compare the interview score with the same contractor's score on the written questionnaire. If the ratings (overall scores) are far apart, the interviewer should conduct at least one/two more interviews to determine how past performance should be weighted. (c) While conducting the interview, the interviewer should be consistent with the way the questions are presented. That is, if the interviewer changes the way questions are presented during the review, it could potentially change the way the respondent answers the questions and jeopardize the overall scoring. 43 65 66 REQUEST FOR PRE-QUALIFICATION OF BIDDERS COMMENCING WITH FORTHCOMING PUBLIC WORK BID ERD 44 67 REQUEST FOR PRE-QUALIFICATION OF BIDDERS COMMENCING WITH FORTHCOMING PUBLIC WORK BID Notice is hereby given that City of Atascadero has determined that all bidders on Historic City Hall Project — ACH-8 Hazardous Materials Mitigation, Demolition, Historical Fabric and Interior Finishes to be undertaken by the City of Atascadero must be pre-qualified prior to submitting a bid on that project It is mandatory that all Contractors who intend to submit a bid, fully complete the pre-qualification questionnaire, provide all materials requested herein, and be approved by City of Atascadero to be on the final qualified Bidders list. No bid will be accepted from a Contractor that has failed to comply with these requirements. If two or more business entities submit a bid as part of a Joint Venture, or expect to submit a bid as part of a Joint Venture, each entity within the Joint Venture must be separately qualified to bid. The last date to submit a fully completed questionnaire is 12/28/2010. Contractors are encouraged to submit pre-qualification packages as soon as possible, so that they may be notified of omissions of information to be remedied or of their pre-qualification status well in advance of the bid advertisement for this project. Answers to questions contained in the attached questionnaire, information about current bonding capacity, notarized statement from surety, and the most recent reviewed or audited financial statements, with accompanying notes and supplemental information, are required. City of Atascadero will use these documents as the basis of rating Contractors in respect to the size and scope of contracts upon which each Contractor is qualified to bid. City of Atascadero reserves the right to check other sources available. The City of Atascadero's decision will be based on objective evaluation criteria. The City of Atascadero reserves the right to adjust, increase, limit, suspend or rescind the pre- qualification rating based on subsequently learned information. Contractors whose rating changes sufficient to disqualify them will be notified, and given an opportunity for a hearing consistent with the hearing procedures described below for appealing a pre-qualification rating. While it is the intent of the pre-qualification questionnaire and documents required therewith to assist the City of Atascadero in determining bidder responsibility prior to bid and to aid the City of Atascadero in selecting the lowest responsible bidder, neither the fact of pre-qualification, nor any pre-qualification rating, will preclude City of Atascadero from a post-bid consideration and determination of whether a bidder has the quality, fitness, capacity and experience to satisfactorily perform the proposed work, and has demonstrated the requisite trustworthiness. The pre-qualification packages should be submitted under seal and marked Historic City Hall Project — ACH-8 Pre-Qualification "CONFIDENTIAL" to City of Atascadero, Office of the City Clerk, 6907 El Camino Real, Atascadero, CA 93422. The pre-qualification packages (questionnaire answers and financial statements) submitted by Contractors are not public records and are not open to public inspection. All information provided will be kept confidential to the extent permitted by law. However, the contents may be disclosed to third parties for purpose of verification, or investigation of substantial allegations, or in the appeal hearing. State law requires that the names of contractors applying for pre-qualification status shall 45 68 be public records subject to disclosure, and the first page of the questionnaire will be used for that purpose. Each questionnaire must be signed under penalty of perjury in the manner designated at the end of the form, by an individual who has the legal authority to bind the Contractor on whose behalf that person is signing. If any information provided by a Contractor becomes inaccurate, the Contractor must immediately notify the City of Atascadero and provide updated accurate information in writing, under penalty of perjury. City of Atascadero reserves the right to waive minor irregularities and omissions in the information contained in the pre-qualification application submitted, to make all final determinations, and to determine at any time that the pre-qualification procedures will not be applied to a specific future public works project. Contractors may submit pre-qualification packages during regular working hours on any day that the offices of the City of Atascadero are open. Contractors who submit a complete pre-qualification package will be notified of their qualification status no later than ten business days after submission of the information. City of Atascadero may refuse to grant pre-qualification where the requested information and materials are not provided, or not provided by 12/28/2010. There is no appeal from a refusal for an incomplete or late application, but re-application for a later project is permitted. The closing time for bids will not be changed in order to accommodate supplementation of incomplete submissions, or late submissions. Where a timely and completed application results in a rating below that necessary to pre-qualify, an appeal can be made as outlined in Section IV - Appeals Procedures. NOTICE: To contractors who are using subcontractors for this job, please be advised that the City of Atascadero may require, as to subcontractors, one of the following: ❑ The qualification of subcontractors in the following crafts or trades, following acceptance of your bid, but before the award is made: ❑ Pre-qualification of all subcontractors. ❑ Pre-qualification of subcontractors in certain crafts. ❑ Post-bid qualification review. 46 69 70 SOURCES FOR VERIFICATION OF INFORDZATION GIVEN BY CONTRACTORS SOURCES FOR VERIFICATION OF INFORMATION GIVEN BY CONTRACTORS A CAUTIONARY NOTE: The information that will be given to public agencies by contractors seeking pre-qualification is provided under oath, with the understanding that the intentional providing of false information is, in itself, grounds for disqualification. We expect that the information given should be and will be accepted at face value. The following information is provided for use in the few instances in which a. City of Atascadero reviewing the answers given in a questionnaire has specific reason to believe that one or more answers should be verified by reference to publicly available information. Information about a contractor's license(s) (Questionnaire Part I, question 6, and Part II, questions 6 and 9-13) Names and addresses of licensed contractors, information about the type of license(s) issued and the dates when licenses were issued (and certain other information), are available from the Contractors' State Licensing Board (CSLB), 9821 Business Park Drive, Sacramento, CA 95827. Telephone number 800-321-2752. The CSLB web site for public information is: www.CSLB.ca.gov. Information about workers' compensation insurance (Part I, question 3 and Part II, questions 32-33) Every workers' compensation insurance carrier issues to each of its insured businesses a Certificate of Insurance. The contractor should be willing to provide a copy upon request. Each contractor's Experience Modification Rate for the year should be stated in a letter to the contractor from the contractor's workers' compensation insurance carrier. Some large companies are legally self-insured for workers' compensation, with the consent and authorization of the Department of Industrial Relations. The names of companies that are legally self-insured are available from the Department's Office of Self-Insurance Plans, Workers' Compensation, 2265 Watt Avenue, Suite 1, Sacramento, CA 95825; (916) 483- 3392. The names of each business's current and recent workers' compensation insurance carriers are available from the Workers' Compensation Insurance Reporting Bureau (WCIRB), 575 Market Street, San Francisco, telephone (415) 777-0777. WCIRB is not a City of Atascadero but it provides information to the public. It will provide the names of the current and recent workers' compensation insurance carriers of every employer in California, in response to a written request,for a fee of$8 for every year for which you seek information. 48 72 Information about whether suretv insurance carriers are"admitted"to do business in California (Part I,question 5) The California Department of Insurance will verify whether an insurance carrier is "admitted" to issue insurance policies within the State. The Department has a "Hot-Line" number — 800-927-4357, and a web-site from which the information is available: www.insurance.ca.gov Information on disqualification from bidding on public contracts (Part I, question 8 and Part II, question 15) Information on the identities of contractors that have been disqualified from bidding on public works contracts is available from the California Labor Commissioner, Division of 5 Labor Standards Enforcement, 455 Golden Gate Avenue San Francisco telephone (41_ ) 703-4810. Information available from the Secretary of State about corporations (Part II,questions la-ld,2-4) The California Secretary of State has certain current and historical information about all corporations that operate in California: dates of incorporation, articles of incorporation, the name of the original incorporators, the names of the corporate officers (who are not necessarily the corporate stockholders) and an agent for service of process for the corporation. This information is available from the Secretary of State upon written request. (Secretary of State, Business Programs Division, 1500 Eleventh Street, Sacramento, CA 95814. Telephone (916) 653-2121 or 653-1239). The Secretary of State does not ordinarily have a listing of the names of initial stockholders or current stockholders, and that information is generally not available in any public record. Information available from Countv Clerks about partnerships and sole proprietorships (Part I, questions la-ld,24) Every business, including a partnership, that operates under a "fictitious name" (for example, "Ajax Sheet Metal Contractors" or "Smith Brothers Electrical Contractors") is required to file with the County Clerk in the county in which its home office is located a "Fictitious Business Name" statement. This statement will indicate the owner of the business, if the business is a sole proprietorship, and the names of partners, if the business is a partnership. The information is available to the public from the County Clerk upon request. A written request may be necessary. 49 73 Information about bankruptcy proceedings (Part II, questions 7 and 8) Bankruptcy petitions, which include the names of the person or business that is seeking protection from the Bankruptcy Court, are available for public inspection at the office of the Clerk of each Bankruptcy Court (which are federal courts). In California, Bankruptcy Courts are located in Sacramento, Modesto, Fresno, San Francisco, Oakland, San Jose, Los Angeles, Santa Ana, Riverside, and San Diego. Most documents filed in court in bankruptcy proceedings are available for public inspection, at the Bankruptcy Court clerk's office. Some information on bankruptcy filings may also be available from commercial enterprises that collect and sell information from public records). In addition some information about bankruptcy cases filed August 1990 and later is available on-line through the "PACER" (Public Access to Court Electronic Records) system. To obtain information from PACER, you must register with the system, and pay a fee for the materials obtained. Call 1-800-676-6856 or you may register online at http://pacer.psc.uscourts.gov/. Information about civil suits and arbitration cases (Part II, questions 14, 17 and 18) Each court keeps records of every civil suit filed in that court, and of the judgments that are issued after trials. However, the exact terms of pre-trial settlements are generally not recorded in court files. Documents related to disputes submitted to arbitration are generally not available for public inspection. Public agencies, however, are required to disclose the terms of such settlements, when documents are requested under the California Public Records Act. Information about criminal convictions (Part 1, question 9, and Part 11, questions 21,22, and 23) Criminal convictions are a matter of public record. Each courthouse (in both the federal and state court systems) has an index of its own criminal records. In addition, a few data collection businesses have collected criminal conviction information from public records throughout the state, and the collected information about particular individuals or businesses is available for sale from these private businesses. Information about Federal court civil and criminal cases (Part I, question 9) Information about federal criminal cases (filed August 1991 and later) and civil cases (filed August 1990 and later) is available on-line through the"PACER" (Public Access to Court Electronic Records) system. To obtain information from PACER, you must register with the system, and pay a fee for the materials obtained. Call 1-800-676-6856) or you may register online at http://pacer.psc.uscourts.gov/. 50 74 Information about citations issued for violation of industrial safetv and health laws (Part II, questions 28 and 29) Information about citations issued by both the federal Occupational Safety and Health Administration and the California Division of Occupational Safety and Health (Cal OSHA) are available on a web-site maintained by federal OSHA,http://www.osha.Lyov. At that web site, click on"Library." On the Library page, click on"Statistics and Inspection Data." Next, click on"Establishment Search." When the next screen appears, enter the name of the contractor about whom you seek information in the"Establishment"window. h1 the "Process" window, enter the number 999999. Click on California in the "State"window. In the "Inspection Date"window, enter"1990."Then click the submit button. Information about prevailing wage law violations (Part II, question 34) Information about recent prevailing wage law violations is available from the Division of Labor Standards Enforcement, at 2424 Arden Way, Suite 360, Sacramento, CA 95825. A model letter asking for such information is enclosed. Citations from either Air Oualitv or Water Quality Board for violations of regulations (Part II, question 30) Information about citations issued by the California Air Resources Board is available from that agency under the Public Records Act. Their address is 2020 L Street, Sacramento, CA 95814, or Post Office Box 2815, Sacramento, 95812. In addition, Regional Air Quality Management Districts and Regional Water Quality Control Boards throughout the state may issue citations for violation of air quality or water quality standards. Consult the appropriate board in your area for information about how to gather appropriate information. Information about state-approved apprenticeship plans and violations of state apprenticeship laws (Part II, questions 36-38) Information about violations of state apprenticeship laws can be obtained from the Division of Apprenticeship Standards, 455 Golden Gate Avenue, 8`"Floor, Post Office Box 420603, San Francisco, CA 94142. 51 75 76 ITEM NUMBER: A- 3 \ATA`s� 1j� DATE: 11/23/10 Atascadero City Council Staff Report - Public Works Department Drug and Alcohol Policy — Transit Services RECOMMENDATION: Council adopt the attached Drug and Alcohol Policy for safety-sensitive Transit employees. DISCUSSION: To be eligible to receive Federal funding for transit purposes, the recipient must have an adopted Drug and Alcohol Policy acceptable to the Federal Transit Administration (FTA). This policy complies with all applicable Federal regulations governing workplace anti- drug programs in the transit industry. The Federal Transit Administration (FTA) of the U.S. Department of Transportation (DOT) mandates drug and alcohol testing for safety- sensitive positions and prohibits performance of safety-sensitive functions when there is a positive test result. This policy applies to employees of the City of Atascadero who perform safety-sensitive functions related to transit services. Currently those positions are in the Public Works Department; the Administrative Assistant and the Transit Dispatchers. FISCAL IMPACT: The City of Atascadero receives approximately $210,000 per year in FTA operating assistance for transit services. Expenditures for Drug and Alcohol testing average $300-$400 per year. ATTACHMENT: Transit Services Drug and Alcohol Testing Policy 77 78 Drug and Alcohol Testing Policy TRANSIT SERVICES DRUG �t►uxoEb ��. III AND TESTING POLICY ADOPTED NOVEMBER 23, 2010 79 ' Drug and Alcohol 'Testing Policy. TABLE OF CONTENTS Section Description Page 1.0 Policy 3 2.0 Purpose 3 3.0 Applicability 3 4.0 Definitions 4 5.0 Prohibited Substances 4 5.1 Illegally-Used Controlled Substances or Drugs 4 5.2 Legal Drugs 4 5.3 Alcohol 5 6.0 Prohibited Conduct 5 6.1 Manufacture,Trafficking,Possession, and Use 5 6.2 Intoxication/Using Prohibited Substances 5 6.3 Alcohol Misuse 5 6.4 Compliance with Testing Requirements 5 6.5 Treatment Requirements 7 6.6 Notifying the City of Criminal Drug Conviction 7 7.0 Testing for Prohibited Substances 7 7.1 Pre-employment Testing 10 7.2 Reasonable Suspicion 11 7.3 Post-Accident Testing 12 7.3.1 When A Fatality Occurs 12 7.3.2 Under Other Circumstances 12 Page 1 80 A' �.. k Dru-and Alcohol Testing Policy TABLE OF CONTENTS 7.3.3 Post-Accident Procedures 12 7.4 Random Testing 13 7.5 Return to Duty Following a Positive Test 14 &Follow-Up Testing 7.6 Employee-Requested Testing 14 8.0 Consequences of Engaging in Prohibited Conduct 14 9.0 Information Disclosure.. 15 10.0 Substance Abuse Evaluaton&Assessment 15 11.0 Re-Entry Contracts 16 12.0 Education &Training 16 13.0 Effects, Signs & Symptoms of Alcohol Misuse &Methods 17 of Intervention 13.1 Effects on Health, Work&Personal Life 17 13.2 Signs &Symptoms 17 13.3 Methods of Intervention 18 14.0 Program Manager is 15.0 Certification of Training 18 16.0 Acknowledgement of Receipt 20 Appendix A Safety Sensitive Positions 21 Appendix B Glossary of Terms 22 Appendix C Minimum Threshold Levels 27 Appendix D Resources 28 Pale 2 81 Drug and .alcohol Testing Policy 1.0 POLICY The City of Atascadero is dedicated to providing safe, dependable, and economical transportation services to our passengers. It is our goal to provide a healthy, satisfying, and safe working environment. In meeting this goal, it is our policy to: • Assure that covered employees are not impaired in their ability to perform assigned duties in a safe,productive, and healthy manner; • Create a workplace environment free from the adverse effects of drug and alcohol substance abuse or misuse • Prohibit the unlawful manufacture, distribution, dispensing, possession, or use of controlled substances • Encourage covered employees to seek professional assistance anytime alcohol or drug dependency, adversely affects their ability to perform their assigned duties. 2.0 PURPOSE The purpose of this policy is to assure worker fitness for duty and to protect our covered employees, passengers, and the public from risks posedby the misuse of alcohol and use of prohibited drugs. This policy is also intended to comply with all applicable Federal regulations governing workplace anti-drug programs inthe transit industry. The Federal Transit Administration (FTA) of the U.S.'Department of Transportation (DOT) has enacted Title 49 — Transportation, Code of Federal Regulations (CFR)Part 655 that mandates urine drug testing and breathalyzer alcohol testing for safety-sensitive positions and prohibits performance of safety- sensitive functions when there is apositive`test result. The DOT has also enacted 49 CFR Part 40 that sets standards for the collection and testing of urine and breath specimens. This policy is based on the DOT and FTA regulations and the provisions of those regulations are incorporated herein. Any amendment to those regulations shall be deemed incorporated herein. To the extent that any provision of this policy is inconsistent with a DOT or FTA regulation, the regulation shall control. 3.0 APPLICABILITY This policy applies to all applicants and employees of The City of Atascadero (City), who will or do perform safety-sensitive functions of the positions specified in Appendix A, which may be amended from time to time and is incorporated herein, contracted employees who perform safety- sensitive functions when they are on City property or when performing any transit-related business, and volunteers when required to hold a commercial driver license to operate the vehicle � or who perform a safety-sensitive function and receive remuneration in excess of his or her actual expenses incurred while engaged in the volunteer activity, collectively referred to hereinafter as covered employees. This policy applies to off-site lunch periods or breaks when a covered employee is scheduled to return to work. Page 3 82 Drug and Alcohol Testing Policy. A safety-sensitive function is any duty related to the safe operation of transit service including the operation, dispatch, and maintenance of a revenue service vehicle(whether or not the vehicle is in revenue service) and any other employee who operates a non-revenue service vehicle when required to hold a Commercial Driver License (CDL). Supervisors are safety sensitive only if they perform a safety-sensitive function. Covered employees who will or do perform safety- sensitive functions are subject to testing as specified in this policy. The City has reviewed the actual duties performed by covered employees to determine theperformance of safety-sensitive functions and which job functions may require the performance of safety-sensitive duties. Annual testing rates are equivalent to 50% of the number of covered employees for drug testing and 10% of the number of covered employees for alcohol testing or as may be annually required by the DOT,FTA. 4.0 DEFINITIONS Appendix B, Glossary of Terms, defines specific terms governing this policyand is incorporated herein. 5.0 PROHIBITED SUBSTANCES "Prohibited substances" addressed by this policy include the following: 5.1 Illegally-Used'Controlled Substances.or'Drugs Any illegal drug or any substance identified in Schedules I through V of the Controlled Substance Act �(21 U. S. C. 812), and as further defined by 21 CFR 1308.11 through 1308:=15 is a prohibited substance. This .includes, but is not limited to: marijuana, amphetamines, opiates, phencyclidine (PCF), and cocaine, as well as any drug not approved for nedical use by the U. S. Drug;Enforcement Administration(DEA) or the U. . Food and Drug Administration (FDA). Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. 5.2 Legal Drugs Legally prescribed drugs and non-prescription medications are not prohibited when used appropriately: ;However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected should be reported by a covered employee to supervisory personnel, and medical advice should be sought, as appropriate,before performing work-related duties. A legally prescribed drug means that the covered employee has a prescription or other written approval from a physician for the use of a drug in the course of medical treatment. It must include the patient's name, the name of the substance, quantity/amount to be taken, and the period of authorization. Legal drugs misused or abused while performing transit business are prohibited substances. 5.3 Alcohol Page 4 83 r AN Drug and Alcohol Testing Policy; Beverages containing alcohol or substances, including any medication or other preparation such that alcohol is present in the body, that are used while performing transit business, are prohibited substances. The concentration of alcohol is expressed in terms of grams of alcohol per 210 liters of breath as measured by an evidential breath-testing (EBT) instrument. 6.0 PROHIBITED CONDUCT "Prohibited conduct"by a covered employee as addressed inthis policy includes the following: 6.1 Manufacture,Trafficking,Possession,and Use Engaging in the manufacture, distribution, dispensation, possession.,_ or use of prohibited substances on City premises, in transit vehicles, in uniform, or while on transit business is prohibited conduct as prohibited by the, Drug Free Workplace Act of 1988. Law enforcement may be notified, as appropriate. 6.2 Intoxication/Using Prohibited Substances Intoxication from, impairment by, or use of a prohibited substance while performing transit business is prohibited conduct. A drug or alcohol test is considered positive if the individual is foundto have a quantifiable presence of a prohibited substance in the body above minimum thresholds,defined in 49 CFR Part 40. 6.3 Alcohol Misuse Reporting for duty within four hours of;.using alcohol; remaining on duty while adversely affected by alcohol or with a blood alcohol concentration of 0.04 or greater; using alcohol while on duty; or using Alcohol up to eight hours following an accident or until undergoing a post/accident test, whichever occurs first, is prohibited conduct. Covered on-call employees are considered on-duty throughout their specified on-call hours. The consumption of alcohol for the specified on-call hours of each covered employee is prohibited. On-call coveted employees shall have: l) the opportunity to acknowledge the use of alcohol at the time he or she is called to report to duty and the inability to perform his or her safety-sensitive function; and 2) the requirement to take an alcohol test if the covered employee has acknowledged the use of alcohol but claims ability to perform his or her safety-sensitive function. 6.4 Compliance with Testing Requirements A covered employee has refused to take a drug test if he or she: 1) Fails to appear for any test (except a pre-employment test) within a reasonable time, as determined by the City, consistent with applicable DOT agency regulations, after being directed to do so by the City ; 2) Fails to remain at the testing site until the testing process is complete; provided, Page 5 84 Drug and Alcohol Testing Policy that a covered employee who leaves the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test; 3) Fails to provide a urine specimen for any drug test required by 49 CFR Part 40 or DOT agency regulation, provided that a covered employee who does not provide a urine specimen because he or she has left the testing site before the testing process commences for a pre-employment is not deemed to have refused to test. 4) In the case of a directly observed or monitored collection in a drug test, fails to permit the observation or monitoring of the provision of a specimen; 5) Fails to provide a sufficient amount of urine when directed, and it has been determined, through a required medical evaluation, that there was no adequate medical explanation for the failure; 6) Fails, or declines, to take a second test the City or collector has directed a covered employee to take; 7) A medical review officer verifiesadulterated or substituted sample; 8) Fails to remain at the scene of an accident without just cause prior to submitting to a test; 9) Fails to undergo a medical examination or evaluation, as directed by the Medical Review Officer (MRO) as part of the verification process, or as directed by the Designated Employer Representative (DER) under 49 CFR Part 40. In the case of apre-employment drug test, the covered employee is deemed to have refused to test on this basis only if the pre-employment test is conducted following a contingent offer of employment; or 10) Fails:to cooperate with any part of the 'testing process (e.g. refusal to empty pockets when so,directed by the collector,behaving in a confrontational way that disrupts the collection process). 11) Failing to provide adequate breath for alcohol testing, without a valid medical explanation;after an individual has received notice of a required breath test. 12) ,b the case of a directly observed or monitored collection in a drug test, failing to follow:the observer's instructions to raise your shirt, blouse, or dress/skirt, as appropriate, above' the waist; and lower clothing and underpants to show the observer; by turning around, that you do not have prosthetic or other device that could be used'to interfere with the collection process. 13): 'Possessing or wearing a prosthetic or other device that could be used to interfere with the colle"tion process. 14) Failure to sign4he certification at Step 2 of the Alcohol Testing Form. 15) Admitting to the collector or MRO that you adulterated or substituted the urine specimen.. 16) Refusal to submit to a non-DOT alcohol or drug test or to sign a non-DOT test form. Such a refusal constitutes a verified positive drug test result, and is prohibited conduct. A covered employee is considered to have refused an alcohol test if he or she: 1) Fails to appear for any test (except a pre-employment test) within a reasonable time, as determined by the City, consistent with applicable DOT agency regulations, after being directed to do so by the City ; Pa,,e 6 85 Drug and Alcohol Testing Policy 2) Fails to remain at the testing site until the testing process is complete; provided, that a covered employee who leaves the testing site before the testing process commences for a pre-employment test is not deemed to have refused to test; 3) Fails to provide an adequate amount of breath for any alcohol test required by 49 CFR Part 40 or DOT agency regulation provided that a covered employee who does not provide an adequate amount of breath because he or she has left the testing site before the testing process commences for a pre-employment is not deemed to have refused to test 4) Fails to provide a sufficient breath specimen, and the physician has determined, through a required medical evaluation, that 'there was no adequate medical explanation for the failure; 5) Fails to undergo a medical examinationor evaluation, as directed by the City as part of the insufficient breath procedures outlined in 49 CFR Part 40; 6) Fails to sign the certification at Step of the Alcohol Testing Form; or 7) Fails to cooperate with any part of the testing process. Such a refusal constitutes a verified positive alcohol test result, and is prohibited conduct. 6.5 Treatment Requirements Refusal or failure to comply with treatment, after care, or return-to-duty requirements of this policy is prohibited conduct. All covered employees are:encouraged to make use of the available resources for treatment for alcohol and substance abuse problems. Under certain circumstances, covered employees may be required to undergo treatment for substance abuse. 6.6 Notifying the City of Ataseadero,of Criminal Drug Conviction Failure to provide written notification to the Program Manager within five calendar days of any criminal drug-statute conviction for a violation occurring in the workplace is prohibited conduct. 7.0 TESTING FOR PROHIBITED SUBSTANCES Analytical urine drug testing and breath testing for alcohol may be conducted while the covered employee is performing safety-sensitive functions, just before performing safety-sensitive functions, or just after ceasing performance of such functions, and as required by federal regulations. All covered employees shall be subject to testing prior to employment, for reasonable suspicion, and following an accident as defined in Section 7.3.1, 7.3.2, 7.3.3 and 7.3.4 of this policy. Covered employees will be tested prior to and after return-to-duty from having failed a drug test and/or after completion of rehabilitation treatment. Covered employees shall also be subject to testing on a random, unannounced basis. Testing shall be conducted in a manner that has been approved by the U. S. Department of Health and Human Services (DHHS). All testing will be conducted consistent with the procedures put forth in 49 CFR Part 40. Periodic reviews are conducted by the City to ensure that the laboratory utilized is DHHS certified and the evidential breath testing instruments utilized are on the Page 7 86 ' 1 _: )ruo,and Alcohol Testing Policy National Highway Traffic Safety Administration's (NHTSA) Conforming Products List for Alcohol Screening Devices. The City has contracted for urine analysis services with a DHHS- certified laboratory. The laboratory is identified in Appendix D of this policy as may be amended from time to time and which is incorporated herein. A clear and well-documented procedure for collection, shipment, and accessioning of urine specimens is developed and maintained. The City affirms the need to protect individual dignity, privacy and confidentiality throughout the testing process. The drug testing laboratory utilized by the City is secure at all times. It has in place sufficient security measures to control access to the premises and to ensure that no unauthorized personnel handle specimens or gain access to the laboratory process or to areas where records are stored. The laboratory uses chain-of-custody procedures to maintain control and accountability of specimens from receipt through completion of testing, reporting of results during storage, and continuing until final disposition of specimens. The medical review officer utilized by the City keeps all records pertaining to results of drug and alcohol testing in a secure location at all times and ensures only authorized personnel have access'. City copies of drug and alcohol test results are kept in a secure location at all times with access limited only to authorized personnel. The drugs that will be tested for include • Marijuana • Cocaine • Opiates • Amphetamines • Phencyclidine • MDMA (aka. Ecstasy) The collector will ensure,that the donor is positively identified as the covered employee selected for urine drug testing (e.g.,_through presentation of photo identification or identification by the employer representative). A US DOT Chain of Custody and Control Form with a unique identification number will be utilized. Clean, single-use, securely wrapped specimen bottles will be unwrapped in the presence of the donor. The sample's temperature will be checked. The collector, in the presence of the donor, will pour 15 ml. of urine from the specimen bottle into the split specimen bottle, leaving the remaining 30 ml. or more in the collection bottle that will then be considered the primary specimen. The"bottles will be sealed with tamperproof sealing and labeled with the Chain of Custody and Control Form unique identification number which the donor must initial. The bottles;will be placed in the shipping container with a copy of the Chain of Custody and Control Form and sealed with tamperproof tape. An initial drug screen will be conducted on the primary specimen. The initial test shall use an immunoassay which meets the requirements of the Food and Drug Administration for commercial distribution. For those specimens that are not negative on the initial test, as determined by a medical review officer, a confirmatory Gas Chromatography/Mass Spectrometry test will be performed on the primary specimen. The test will be considered positive if the amounts present are above minimum thresholds established in 49 CFR Part 40. Current cutoff limits for the screening and confirmation tests are attached in Appendix C of this policy as may be amended from time to time and which is incorporated herein. This policy does not prohibit performing procedures reasonably incidental to analysis of the Page 8 87 �1 4 Drug and Alcohol Testing Policy specimen for controlled substances (e.g., determination of PH levels or tests for specific gravity, creatinine concentration, or presence of adulterants). Laboratories may conduct specimen validity testing which is the evaluation of the specimen to determine if it is consistent with normal human urine. The purpose of validity testing is to determine whether certain adulterants or foreign substances were added to the urine, if the urine was diluted, or if the specimen was substituted. Any dilute positive drug test as reported by the medical review officer will be treated as a verified positive test. Any dilute negative drug test with a creatinine level greater than 5 mg/dl as reported by the medical review officer will not require a retest per City policy. Any dilute negative drug test with a creatinine level between 2 5 mg/dl as reported by the medical review officer will require a retest under direct observation. An analysis of the split specimen is described in Section 7.6 of this policy, Employee-Requested Testing. Testing for alcohol concentration will be conducted utilizing an evidential breath testing instrument approved by the National Highway Traffic Safety Administration (NHTSA) and operated by a trained breath alcohol technician. The breath alcohol technician will ensure that the donor is positively identified as the covered employee selected for breath alcohol testing (e.g., through presentation of photo identification or identification by the City representative). The breath alcohol technician will utilize the US DOT Breath Alcohol Testing Form. The breath alcohol technician will select an individually sealed mouthpiece and will open it in full view of the covered employee and attach it to the evidential breath-testing instrument in accordance with the manufacturer's instructions. The breath alcohol technician will instruct the covered employee to blow forcefully into the mouthpiece for at least six seconds or until the evidential breath testing instrument indicates that an adequate amount of breath has been obtained. The breath alcohol technician will affix the test result printout to the Breath Alcohol Test Form in the designated space. The result will be secured in such=a manner that will provide clear evidence of removal, such as the use of tamper- evident tape. If the-initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results of the initial test. A covered employee who has a confirmed alcohol concentration of greater than 0.02 but less than 0.04 will be removed from his or her position for eight hours unless a retest results in a concentration measure of less than 0.02. An alcohol concentration of 0.04 or greater will be considered a positive alcohol test and a violation of this policy. The services of a medical review officer have been secured by the City. The medical review officer is identified in Appendix D of this policy as may be amended from time to time and which is incorporated herein. The medical review officer is a licensed physician responsible for receiving laboratory results generated by the City's drug testing program and who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his or her medical history and any other relevant biomedical information. If the laboratory results are confirmed positive the medical review officer will interview the covered employee and review all information provided by the covered employee to determine whether the results are indicative of illegal drug usage. If the covered employee provides an adequate explanation, the medical review officer will verify the test as negative with the `,)ubstanee Abuse Program Manager and take no further actions. Page 9 88 N Drug and Alcohol Testing Policy In drug testing, a canceled test is a drug test that has been declared invalid by a medical review officer. A canceled test is neither a positive nor a negative test. For purposes of this part, a sample that has been rejected for testing by a laboratory is treated the same as a canceled test. In alcohol testing a canceled test is a test that is deemed to be invalid under the following circumstances: 1) The next external calibration check of an evidential breath testing device produces a result that differs by more than the tolerance stated in the quality assurance plan from the known value of the test standard. In this event, every test result of 0.02 or above obtained on the device since the last valid external calibration check shall be invalid 2) The breath alcohol technician does not observe the minimum 15-minute waiting period prior to the confirmation:test 3) The breath alcohol technician does not perform an air blank of the evidential breath testing device before the confirmation test, or an air blank does not result in a reading of 0.00.prior to the administration of the test 4) The breath alcohol technician does not sign the form as required 5) The breath alcohol technician has failed to note on the remarks section of the form that the covered employee has failed or refused to sign the form following the recording or printing on or attachment to the form of the test result 6) On a confirmation test and, where applicable, on a screening test, the sequential test number or alcohol concentration displayed on the evidential breath test is not the same as the sequential test number or alcohol concentration on the printed result: kcanceled test is neither a positive nor a negative test. Any covered employee who has a confirrried positive drug or alcohol test will be removed from his or her position, informed of,educational and rehabilitation programs available, and evaluated by a substance abuse professional (SAP). The City provides a list of resources available in evaluating and resolving problems 'associated with prohibited drug use, including the names, addresses and telephone numbers of substance abuse professionals and counseling and treatment programs, which is identified in Appendix D of this policy as may be amended from time to time and which is incorporated herein. If a covered employee chooses to use the information provided, he or she must first contact a substance abuse professional who will perform an evaluation to determine whether the covered employee is in need of assistance in resolving problems associated with prohibited drug use. The substance abuse professional will then refer the covered employee to a counseling and treatment program. A positive drug and/or alcohol test will also result in disciplinary action, up to and including termination pursuant to Section 8.0 of this policy, Consequences of Engaging in Prohibited Conduct. 7.1 Pre-Employment Testing All covered applicants and transfers for covered positions shall undergo urine drug testing prior to performing a safety-sensitive function. Receipt by the City of a verified negative test result is required prior to employment and failure of a drug test will disqualify an applicant for employment. If a pre-employment drug test is cancelled as Page 10 89 i Drug and Alcohol Testing Policy determined by the medical review officer, the covered applicant is required to submit to and pass another test. An employee transferring from a non-safety sensitive position to a safety-sensitive position will undergo urine drug testing with a verified negative test result prior to performing a safety sensitive function. When a covered employee or applicant has previously failed or refused a pre- employment drug test administered under 49 CFR. Part 655, the covered employee or applicant must provide the City proof of having successfully completed a referral, evaluation and treatment plan as described in Section 10.0 of this policy, Substance Abuse Evaluation and Assessment. When a covered employee or applicant has not performed a safety-sensitive function for 90 consecutive calendar days regardless of the reason,and the covered employee has not been in the City's random selection pool, the City shall ensure that the covered employee takes a pre-employment test with a verified negaiive result. Applicants who have a DOT drug and alcohol regulation violation will be provided with a listing of substance abuse counseling and treatment resources. 7.2 Reasonable Suspicion Testing All covered employees may be subject to a fitness for duty evaluation, to include appropriate urine and/or breath testing when a supervisor(s) or other City official(s) who is trained in detecting the signs and symptoms of prohibited drug use and alcohol misuse makes the required'observalions: Atrained supervisor's reasonable suspicion referral for testing will be made on the basis of documented specific,' contemporaneous, articulable observations concerning the appearance, behavior, speech, and/or body odor(s) of the covered employee which are consistent with the long- or short-term effects of substance abuse. Examples of reasonable suspicion include,but are not limited to, the following: 1) Adequate documentation of unsatisfactory work performance or on-the-job behavior 2) Physical signs and symptoms consistent with prohibited substance use 3) Evidence of the manufacture, distribution, dispensing, possession, or use of controlled substances, drug, alcohol, or other prohibited substances 4) Occurrence of a serious or potentially serious accident that may have been caused by human error 5) Physical or verbal assaults, and/or flagrant disregard or violations of established safety, security, or other operating procedures. Alcohol testing as required by 49 CFR Part 655.43 Reasonable Suspicion Testing is authorized only if the required observations are made during,just preceding, or just after the period of the workday that a covered employee is required to be in compliance. The Page 11 90 Drug and Alcohol Testing;Policy- City may direct a covered employee to undergo reasonable suspicion testing for alcohol only while the covered employee is performing safety-sensitive functions;just before the covered employee is to perform safety-sensitive functions; or just after the covered employee has ceased performing such functions. If a required alcohol test is not administered within two hours following the determination, the City shall prepare and maintain on file_a record stating the reasons the alcohol test was not promptly administered. If a required alcohol test is not administered within eight hours following the determination, the City shall cease attempts to administer an alcohol test and shall state in the record the reasons for not administering the test. 7.3 Post-Accident Testing 7.3.1 When a Fatality Occurs All surviving covered employees operating the vehicle will be required to undergo drug and alcohol testing if they are involved in an accident that results in a fatality with a City vehicle (regardless of whether"or not the vehicle is in revenue service). The City shall also drug and alcohol test any other covered employee whose performance could have contributed to the accident as determined by the City using the best information available at the time of the decision. 7.3.2 Under Other Circumstances' Post-accident drug;and alcohol tests, will be conducted if an accident results in injuries requiring immediate transportation to a medical treatment facility or in which,:one or more vehicles incur disabling damage and require towing (unable to proceed in,route after minor repairs]from the site unless the operator's conduct can be completely discounted as determined by the City using the best information available at the time of the decision. This includes all covered employees who are operating the vehicles, and any other covered employees whose performance could nave contributed-.;;to the accident as determined by the City using the best information available at the time of the decision. The decision Jnot`to administer a drug and/or alcohol test shall be based on the City's determination, using the best available information at the time of the determination that the covered employee's performance could not have contributed to the accident. Such a decision must be documented in detail, including the decision-making process used to reach the decision not to test. 7.3.3 Post-accident Procedures When post-accident testing is required following an accident, the covered zn employee will be tested as soon as possible, but not to exceed eight hours for alcohol testing and 32 hours for drug testing. Page 12 91 Drug and Alcohol Testing Policy; The City will attempt to complete the alcohol test within two hours of the accident. If the City is not able to obtain a specimen within two hours, it will document why a specimen was not obtained and continue attempts. After eight hours, attempts will cease and the two-hour documentation will be updated. Any covered employee involved in an accident must refrain from alcohol use for eight hours following the accident or until he or she undergoes a post-accident alcohol test whichever occurs first. Any covered;employee who leaves the scene of an accident without appropriate authorization prior to submission to drug and alcohol testing will be considered to have refused the test. Accident drug and alcohol testing will be stayed while the covered employee assists in resolution of the accident or receives medical attention following the accident. The results of a blood, urine, or breath test for the use of prohibited drugs or alcohol misuse, conducted by Federal, State,ror local officials having independent authority for the test, shall be considered to meet the requirements of 49 CFR Part 655 provided such test conforms to the applicable Federal, State, or local testing requirements, and that the test results are obtained by the City. Such test results may be used only when the City is unable to perform a post-accident test within the required period noted in this section. 7.4 Random Testing Covered employees will be subjected to random, unannounced immediate testing. The selection of covered employees shall be made by a scientifically valid method, such as a random-number table or a computer-based random number generator that is matched with covered employees' social`:"security numbers, payroll identification numbers, or other comparable identifying numbers. Under the selection process used, each covered employee shall have anequal chance of being tested each time selections are made. There will be no discretion on the part_of the City`in the selection and notification of individuals for testing. Covered employees will be notified of selection by the Program Manager or his or her designee and directed to the specimen collector. The City shall require that each covered employee who is notified of selection for random drug or random alcohol testing proceed to the test site immediately. If the covered employee is performing a safety-sensitive function at the time of notification, the City shall instead ensure that the covered employee ceases to perform the safety-sensitive function and proceeds to the testing site immediately. A covered employee shall only be randomly tested for alcohol misuse while the covered employee is performing safety-sensitive functions; just before the covered employee is to perform safety-sensitive functions; or just after the covered employee has ceased performing such functions. A covered employee may be randomly tested for prohibited drug use anytime while on duty. Testing will be continuous throughout the year on all days and hours during which the City is in operation. Page 13 92 Drug and Alcohol Testing Policy 7.4.1 Dilute Results In the event of a negative dilute test result,the Company will require the employee to immediately provide another specimen. This will be an unobserved collection unless directed by the MRO to be collected under direct observation. A. If the employee declines to take another test, this is considered refusal to test and is equivalent to a positive test. B. If a second test is administered and the result of that test is also negative and dilute, the Company will accept the second test result as negative and the result of record. C. The collection cannot be observed, unless the MRO requests so as a result of the specimen having a creatinine concentration greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL. D. If the result is cancelled/ invalid, (with no medical explanation) the employee will need to undergo an immediate observed collection as directed by the MRO. E. A MRO verified Positive Dilute test result will be treated as a positive drug test result. 7.4.2 Canceled Tests If the test is cancelled, immediate recollections are required for pre-employment, return- to-duty,or follow-up tests.Only the Laboratory or the MRO can cancel a test. 7.8 Return-to-Duty Following a Positive Test Result and Follow-Up Testing Covered ,employees who previously tested positive on a drug or alcohol test must test negative and be evaluated at their own expense and released to duty by an approved substance abuse professional pursuant to Section 10.0 of this policy, Substance Abuse `Evaluation and Assessment, before a one-time return-to-employment opportunity may be considered. Such one-time opportunity is at the sole discretion of the City. If approved for return to work by the City, covered employees will be required to undergo frequent unannounced follow-up and random urine and breath tests during the period of their re- entry contract. Such follow-up tests will be subject to the minimums described in Section 10.0 of this policy,Substance Abuse Evaluation and Assessment. 7.9 Employee-Requested Testing Any covered employee who questions the results of a required drug test under Sections 7.1 through 7.5 of this section may request that an additional test be conducted. This test must be conducted at a different testing laboratory. The test must be conducted on the split sample that was provided at the same time as the original sample. All costs for such testing shall be paid by the covered employee, unless the second test invalidates the original test. The method of collecting, storing, and testing the split sample will be consistent with the procedures set forth in 49 CFR Part 40. The covered employee's request for a re-test must be made to the medical review officer within 72 hours of notice of the initial test result. Requests after 72 hours will only be accepted by the medical Page 14 93 Drub;crud Alcohol Testing;Policy review officer if the delay was due to documentable facts that were beyond the control of the covered employee. If the analysis of the split specimen fails to reconfirm the presence of the drug(s) or drug metabolites(s) found in the primary specimen, or if the split specimen is unavailable, inadequate for testing or untestable, the medical review officer shall cancel the test and report the cancellation and the reasons for it to the DOT, the City, and the covered employee. If the analysis of the split specimen is reconfirmed by the second laboratory for the presence of the drug(s) or drug metabolites(s), the medical review officer shall notify the City and covered employee of the results of the test. 8.0 CONSEQUENCES OF ENGAGING IN PROHIBITED CONDUCT Per City policy, the consequence of engaging in conduct addressed in Section 6.0 of this policy, Prohibited Conduct, is termination from employment with the City.' _Prior to termination, a covered employee will be informed of educational and rehabilitation programs available and a list of substance abuse professionals. The covered employee has the right to review his or her drug and alcohol testing records, provide information to dispute the results, and have access to any pertinent records such as equipment calibration records and records of laboratory certification. Subject to all provisions of Section 10.0 of this policy, Substance Abuse Evaluation and Assessment, and Section 11.0 of this policy, Re-Entry Contracts, the City may rehire a terminated covered employee who at its sole discretion the City has determined will contribute to the mission, goals, cohesion, productivity, and esprit de corp of the City. 9.0 INFORMATION DISCLOSURE Except as required by law, or expressly authorized or required below by 49 CFR Part 655.73 Access to Facilities and Records, the City may not release information pertaining to a covered employee that is contained in records required to be maintained. 1) A covered employee is entitled, upon written request, to obtain copies of any records pettaining to the covered employee's use of prohibited drugs or misuse of alcohol, including any records pertaining to his or her drug or alcohol tests; 2) , The City shall permit access to all facilities utilized and records compiled in complying with the requirements of Part 655 to the Secretary of Transportation or any_DOT agency with regulatory authority over the City or any of its covered employees or to a State oversight agency authorized to oversee rail fixed guideway systems; 3) The City shall disclose data for its drug and alcohol testing programs, and any other information pertaining to the City's anti-drug and alcohol misuse programs required to be maintained by this part to the Secretary of Transportation or any DOT agency with regulatory authority over the City or any of its covered employees or to a State oversight agency authorized to oversee rail fixed guideway systems, upon the Secretary's request or the respective agency's request; 4) When requested by the National Transportation Safety Board as part of an accident investigation, the City shall disclose information related to its drug or alcohol testing related to the accident under investigation; Page 15 94 ry Drug and Alcohol Testing Policy 5) Records shall be made available to a subsequent employer upon receipt of a written request from a covered employee. Subsequent disclosure by the City is permitted only as expressly authorized by the terms of the covered employee's request; 6) The City may disclose information required to be maintained under Part 655 pertaining to a covered employee to the decision-maker in a lawsuit, grievance, or other proceeding initiated by or on behalf T of the covered employee, and arising from the results of a drug or alcohol test under this part(including, but not limited to, a worker's compensation, unemployment compensation, or other proceeding relating to a benefit sought by the covered employee); 7) The City shall release information regarding 'a covered employee's record as directed by the specific, written consent of the covered employee authorizing release of the information to an identified person. 8) The City may disclose drug and alcohol testing information required to be maintained under Part 655, pertaining to a covered employee, to the State oversight agency or grantee required to certify to_FTA compliance with the drug and alcohol testing procedures of 49 CFR Parts,40 and 655. 10.0 SUBSTANCE ABUSE EVALUATION AND ASSESSMENT Any covered employee who tests positiveforthe presence of illegal drugs or alcohol above the minimum thresholds set forth in 49 CFR Part 40 shall be evaluated by an approved substance abuse professional before returning to duty. The substance abuse professional will evaluate each covered employee to determine what assistance, if any, the covered employee needs in resolving problems associated with prohibited substance abuse or misuse. The substance abuse evaluation and assessment will be paid for"by the covered employee. Assessment by a substance abuse professional does not shield :a;:eovered employee from disciplinary action or guarantee employment, 'reinstatement, or:consideration for reinstatement. The City will determine the penalty for performance-based infractions and violation of policy provisions. Refer to Section 8 of this :policy, Consequences of Ei gaging in Prohibited Conduct, for guidance on disciplinary measures associated withviolations of this policy. Prior to consideration to return to duty, a covered employee must properly follow and complete the rehabilitation program prescribed by the substance abuse professional, and pass a return-to- duty drug and/or alcohol test. The substance abuse professional will recommend to the City the frequency and duration of follow-up testing. Federal regulations require a minimum of six unannounced follow-up tests with a verified negative result during the first 12 months after the covered employee returns to duty. The covered employee may be subject to follow-up testing for as long as 60 months after he or she returns to duty (labor agreements notwithstanding). The cost of any treatment or rehabilitation services will be paid directly by the covered employee or his or her insurance provider. Covered employees will be allowed to take accumulated sick leave and vacation leave to participate in the prescribed rehabilitation program. 11.0 RE-ENTRY CONTRACTS Page 16 95 Drugs anti Alcohol'Testing;Policy Per City policy, covered employees approved by the City for a one-time opportunity to re-enter the workforce must agree to a re-entry contract. A refusal to test precludes a covered employee from this one-time opportunity.The re-entry contract shall include (but is not limited to): 1) A release to work statement from an approved substance abuse professional; 2) A negative test for drugs and/or alcohol; 3) A statement of expected work-related behaviors; 4) An agreement to unannounced frequent follow-up testing complying with this policy; 5) An agreement to follow specified aftercare requirements prescribed by the approved substance abuse professional; and 6) An agreement that violation of any terms of the re-entry contract is grounds for immediate termination with no further reinstatement opportunities. 12.0 EDUCATION AND TRAINING The City of Atascadero has established a covered education andtraining program including: • Education which includes display and distribution to every covered employee of informational material and a list of telephone numbers for assistance; and • Training for: 1) CovIIered employees, which includes of least 60'm nutes of training on the effects and consequences of prohibited drug use on personal health, safety, and the work environment, and°on the signs and symptoms which may indicate prohibited drug use; and, 2) Supervisors and/or other City officers authorized by the City to make reasonable suspicion determinations which includes at least 60 minutes of training on 1) the physical, 'behavioral, and performance indicators of probable drug use and at least 60 minutes of training on the physical, behavioral, speech, and performance indicators of probable'`alcohol misuse, and 2) initiating, substantiating and documenting the referral, and covered employee intervention. 13.0 EFFECTS, SIGNS AND SYMPTOMS OF ALCOHOL MISUSE AND METHODS OF INTERVENTION 13.1 Effects on Health, Work and Personal Life: 1) Nutritional deficiencies and sleeping difficulty 2) Impaired short-term memory 3) Inability to concentrate 4) Physical and psychological dependence 5) Brain and nervous system damage 6) Liver damage 7) Digestive problems (gastric ulcer) 8) Higher likelihood of stroke, coronary problems in general, and several forms of Page 17 96 Drug and Alcohol Testing Policy cancer 9) Disease of pancreas and kidneys 10) Birth defects in children of heavy drinking women 11) Impaired reaction time and motor skills 12) Tendency to take unnecessary risks 13) Possibility of reacting with anger toward other motorists 14) Euphoric high followed by a period of stuporous inactivity 15) Impairment in social functioning 16) Low frustration tolerance 17) Anxiety 18) Isolation 19) Violent mood swings 20) Manipulation of others 21) Over-sensitivity 13.2 Signs and Symptoms: 1) Alcohol odor on breath 2) Initial stimulation followed by depressed nervous system 3) Flushed skin 4) Glazed appearance of eyes 5) Slowed reaction time 6) Confused or slurred speech 7) Swayed or staggered gait 8) Absenteeism, particularly at the beginning of the week 13.3 .Methods of Intervention: Supervisors are responsible and accountable for assuring that covered employees under their supervision are fit to perform their duties safely. Supervisors are trained to intervene by: 1) ` Identifying patterns of deteriorating job performance by the presence of progressive violations of policy 2) Doc mentmg, in'writing, the observed signs of change in a covered employee's workpattert as it relates to policy violations 3) Confirming ''a pattern of impaired judgment or performance over a period of time—all of which is documented 4) Confronting the covered employee by addressing his or her unacceptable work performance in a constructive way Constructive confrontation includes the following and provides the covered employee with an opportunity to become productive again: 1) Documentation of what constitutes an acceptable level of performance 2) The amount of time to achieve improvement before disciplinary action is taken 3) A list of resources for the covered employee to use at his or her discretion which Page 18 97 Drug,and Alcohol ` `esting Policy, may provide assistance in improving performance 4) A progress review date 14.0 PROGRAM MANAGER Anyone with questions regarding this policy should contact the following City representative who functions as the Program Manager and Designated Employer Representative (DER) for purposes of implementing and administering this policy: Deputy Director of Public Works - Operations 6907 El Camino Real Atascadero, CA 93422 (805) 470-3142 15.0 CERTIFICATION OF TRAINING The City of Atascadero certifies that training conducted under the Federal Transit Administration (FTA) Drug and Alcohol TestingRegulations 49 CFR'Parts 40 and 655 complies with the requirements for that training which includes: • Education which; includes display and distribution to every covered employee of informational material and a-List of telephone numbers for employee assistance; and • Training for: 1. Covered Employees.The training,shall include at least 60 minutes of training on: a) The effects and consequences'of prohibited drug use on personal health, safety, and the work environment b) The signs and symptoms which may indicate prohibited drug use 2. Supervisors and/or other City ;officers authorized by the City to make reasonable suspicion determinations. The training shall include: a) At least "60 minutes of training on the physical, behavioral, and performance indicators of probable drug use b) At least 60 minutes of training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse c) Initiating, substantiating and documenting the referral, and employee intervention. Page 19 98 �t Drag and Alcohol Testing Policy ACKNOWLEDGEMENT OF RECEIPT AND UNDERSTANDING I understand that my signature below indicates that I have received a copy of the City of Atascadero Drug and Alcohol Testing Policy dated September 14, 2010. Further, I understand and acknowledge that it is my responsibility to read and understand the policies and procedures set forth. Print Name Date Signature Page 20 99 N N� F .. Drub;and Alc.oiiol Testing Policy APPENDIX A Safety-Sensitive Positions • Department of Public Works Administrative Assistant • Transit Dispatchers I Page 21 100 a m Drug and Alcohol Testing Policy APPENDIX B Glossary of Terms ACCIDENT: An occurrence associated with the operation of a vehicle, if as a result: 1. An individual dies 2. An individual suffers bodily injury and immediately receives medical treatment away from the scene of the accident 3. With respect to an occurrence in which the mass transit vehicle involved is a bus, electric bus, van, or automobile, one or more vehicles (including non-FTA,funded vehicles) incurs disabling damage as the result of the occurrence and such vehicle or vehicles are transported away from the scene by a tow truck,or other;vehicle 4. With respect to an occurrence in which the mass transit vehicle involved is a rail car, trolley car,trolleybus, or vessel,the mass transit vehicle is removed from operation. ADULTERATED SPECIMEN: A specimen that contains a substance that is not expected to be present in human urine, or,contains a substance expected to be present but is at a concentration so high that it is not consistent wifli human urine. ALCOHOL: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols including-methyl of isopropyl alcohol. ALCOHOL CONCENTRATION: The alcohol in a volume of breath expressed in terms of grams of alcohol per 210 liters of breath as indicated by a breath test. ALCOHOL,.CONFIRMATION TEST: A subsequent test using an EBT, following a screening test with a result of 0.02 or greater, that provides quantitative data about the alcohol concentration.' ALCOHOL SCREENING--TEST: An analytic procedure to determine whether a covered employee may have a prohibited concentration of alcohol in a breath specimen. ALCOHOL USE: The consumption of any beverage, mixture, or preparation, including any medication, containing alcohol. BREATH ALCOHOL TECHNICIAN (BAT): The breath alcohol technician shall be trained to proficiency in the operation of the Evidentiary Breath Test(EBT) instrument he or she is using, and in the alcohol testing procedures. BATs are the qualified personnel to administer the EBT test on covered employees. CANCELLED TEST: A drug or alcohol test that has a problem identified that cannot be or has Page 22 101 I?rub;and Alcohol Testing Policy not been corrected, or which 49 CFR Part 40 otherwise requires to be cancelled. A cancelled test is neither a positive nor a negative test. CHAIN OF CUSTODY: Procedures to account for the integrity of each urine specimen by tracking its handling and storage from point of collection to final disposition. COLLECTION SITE: A place designated by the City where individuals present themselves for the purpose of providing a specimen of either urine and/or breath. The collection site shall have all necessary personnel, materials, equipment, facilities and supervision to provide for the ...._................. collection, security, temporary storage, and shipping or,transportation of urine specimens to a certified drug testing laboratory. CONFIRMATION DRUG TEST: A second analytical procedure ,performed on a urine specimen to identify and quantify the presence., f a specific drug or drug metabolite. CONFIRMED DRUG TEST: A confirmation `test result received by a medical review officer from a laboratory. CONFIRMATION VALIDITY TEST: A>second test performed on a urine specimen to further support a validity test result. COVERED EMPLOYEE: Any person, including a volunteer, applicant, or transferee, who is designated in a DOT agency regulation as subject to drug testing and/or alcohol testing. The term includes individuals currently performing safety..-sensitive functions designated in DOT agency regulations and applicants for employment subject"to pre-employment testing. A volunteer is a covered employee if: 1) the volunteer is required to hold a commercial driver license to operate the vehicle; or; 2) the volunteer performs a safety-sensitive function for an entity subject to 49 CFR Parts 4d?and655 and receives remuneration in excess of his or her actual expenses incurred while engaged in the volunteer activity. DEPARTMENT OF TRANSPORTATION (DOT): This term encompasses all DOT agencies, including,but not limited to,the United States Coast Guard, the Federal Aviation Administration, the Federal "Railroad Administration, the Federal Motor Carrier Safety Administration, the Federal Transit Administration,` the National Highway Traffic Safety Administration, the Research and Special Programs Administration, and the Office of the Secretary. These terms include any designee of a DOT agency. DESIGNATED EMPLOYER REPRESENTATIVE (DER): An employee authorized by the City to take immediate action(s) to remove covered employees from safety-sensitive duties or cause covered employees to be removed from these covered duties, and to make required decisions in the testing and evaluation process. The DER also receives test results and other communications for the City, consistent with the requirements of 49 CFR Parts 40 and 655. DILUTE SPECIMEN: A specimen with creatinine and specific gravity values that are lower than expected for human urine. Page 23 102 Drug aud.Alcohol Testing;Policy DISABLING DAMAGE: Damage that precludes departure of a motor vehicle from the scene of the accident in its usual manner in daylight after simple repairs. 1. Inclusion: Damage to a motor vehicle where the motor vehicle could have been driven, but would have been further damaged if so driven. 2. Exclusions: a. Damage that can be remedied temporarily at the scene of the accident without special tools or parts. b. Tire disablement without damage even if no spare tire is available. c. Headlamp or tail light damage. d. Damage to turn signals, horn or windshield wipers, which makes the vehicle inoperable DRUG METABOLITE: The specific substance produced when the human body metabolizes a given prohibited drug as it passes through the body and is excreted in urine. EVIDENTIAL BREATH TESTING INSTRUMENT (EBT): A device approved by the National Highway Traffic Safety Administration for the evidential testing of breath at the 0.02 and 0.04 alcohol concentrations, placed on NHTSA's Conforming Products List (CPL) for "Evidential Breath Measurement Devices" and identified on the CPL as conforming with the I model specifications available from NHTSA's Traffic Safety Program. FEDERAL TRANSIT ADMINISTRATION (FTA): An agency of the U. S. Department of Transportation. FOLLOW-UP TEST: A minimum of six unannounced unce d drug and/or alcohol tests in a 12-month period, as directed by a substance abuse professional, are required of each employee who returns to duty after,,a required evaluation.' After that period of time, the substance abuse professional may recommend tri'the City the frequency and duration of follow-up testing, provided that the follow-"up testing period ends 60 months after the.covered employee returns to duty. INITIAL :DRUG TEST: The test used to differentiate a negative specimen from one that requires further testing for drugs or drug metabolites. INITIAL VALIDITY TEST..:: The first test used to determine if a specimen is adulterated, diluted, or substituted: INVALID DRUG TEST: The result of a drug test for a urine specimen that contains an unidentified adulterant or an unidentified interfering substance, has abnormal physical characteristics, or has an endogenous substance at an abnormal concentration that prevents the laboratory from completing or obtaining a valid drug test result. LABORATORY: A U. S. Department of Health and Human Services (DHHS) place where urine specimens are tested that shall have a quality assurance program which encompasses all aspects of the testing process including but not limited to specimen acquisition, chain-of-custody security and reporting of results, initial and confirmatory testing and validation of analytical procedures. Page 24 103 Am 4' Drug and.Alcohol Testing Policy MEDICAL REVIEW OFFICER (MRO): A licensed physician responsible for receiving laboratory results generated by the City's drug testing program that has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result together with his or her medical history and any other relevant biomedical information. POST ACCIDENT TEST: A prohibited substance test administered to a covered employee when a motor vehicle accident has occurred and the coveredemployee performed a function which either contributed to the accident or could not be completely discounted as a contributing factor in the accident. PRE-EMPLOYMENT TEST: A prohibited substance test given to an applicant or a non covered employee who is being considered fora safety-sensitive position. The applicant or non covered employee must be informed of the purpose for the test prior to the actual event. PRIMARY SPECIMEN: In drug testing, the urine specimen bottle that is opened and tested by a first laboratory to determine whether the covered employee has a drug or drug metabolite in his or her system, and for the purpose of validity testing.; The primary specimen is distinguished from the split specimen. PROGRAM MANAGER: The person designated by the City to answer covered employee questions about the anti-drug and alcohol misuse program. PROHIBITED DRUG: Marijuana,cocaine, opiates, amphetamines, or phencyclidine. PROHIBITED SUBSTANCE: Under this program "prohibited substance" shall be used synonymous to drug abuse and/or alcohol misuse and refers to the definition of the foregoing terms "Alcohol" and "Prohibited Drug." RANDOM TEST: A prohibited substance test given annually to a predetermined percentage of covered employees who perform in' safety-sensitive functions and who are selected on a scientifically-defensible random and unannounced basis. REASONABLE SUSPICION TEST: A prohibited substance test given to a current covered employee who is reasonably suspected by a trained supervisory employee of using prohibited drug or misusing alcohol. RETURN-TO-DUTY TEST: An initial drug and/or alcohol test prior to return to duty given to eligible covered employees who previously tested positive. This test is also required prior to return to duty of an individual who has refused to take a test required by the FTA rule. SAFETY-SENSITIVE EMPLOYEES: Those employees who perform safety-sensitive functions for the City. Page 25 104 Drug and Alcohol Testing,Policy SAFETY-SENSITIVE FUNCTION: Any of the following duties: 1) Operating a revenue service vehicle, including when not in revenue service 2) Operating a non-revenue service vehicle when required to be operated by a holder of a commercial driver license 3) Controlling dispatch or movement of a revenue service vehicle 4) Maintaining a revenue service vehicle or equipment used in revenue service, unless the recipient receives FTA section IS funding and contracts out such services SPLIT SPECIMEN: In drug testing, a part of the urine specimen that is sent to a first laboratory and retained unopened, and which is transported to a second laboratory in the event that the covered employee requests that it be tested following a verified positive test of the primary specimen or a verified adulterated or substituted test result. SUBSTITUTED SPECIMEN: A specimen with creatinine and,specific gravity values that are ZD so diminished that they are not consistent with human urine. SUBSTANCE ABUSE PROFESSIONAL;(SAP): A licensed physician (medical doctor or doctor of osteopathy); or a licensed or certified psychologist, social worker, or employee assistance professional; or addiction counselor (certified by the National Association of Alcoholism and Drug Abuse Counselors Certification Commission or by the International Certification Reciprocity Consortium/Alcohol and Other Drug Abuse.) All must have knowledge of and clinical experience in the diagnosis and treatment of alcohol and controlled substance- related disorders. VERIFIED "TEST: A drug test result or validity testing result from an HHS-certified laboratory that has undergone review and final determination by the Medical Review Officer. Page 26 105 4 Drug and. Alcohol Testing Policy APPENDIX C Minimum Threshold Levels The Department of Health and Human Services establishes the minimum threshold levels for each of the five drugs tested for under USDOT testing programs including the FTA. Minimum levels are established for both the initial.:screening test and for the confirmatory test. The current cutoff levels are as follows:= Initial Test Analyte Initial Test Confirmatory Test Confirmatory Cutoff Analyte Test Concentration Cutoff Concentration Marijuana 50 ng/mL THCA1 15 ng/mL metabolites Cocaine metabolites 150 ng/mL Benzoylecgonine 100 ng/mL Opiate metabolites Codeine/Morphine2 2000 ng/mL Codeine 2000 ng/mL Morphine 2000 ng/mL 6-Acetylmorphine 10 ng/mL 6-Acetyl morphine 10 ng/mL Phencyclidine 25 ng/mL Phencyclidine 25 ng/mL Amphetamines3 AMP/MAMP4 500 ng/mL Amphetamine` 250 ng/mL Methamphetamine5 250 ng/mL MDMA6 MDMA6 500 MDMA 250 ng/mL ng/mL M:DA7 250 ng/mL MDEA8 250 ng/mL 1 Delta-9-tetrahydrocannabinol-9-carboxylic acid (THCA) 2Morphine"ls the target analyte for codeine/morphine testing 3Either a single initial test kit or multiple initial test kits may be used provided the single test kit detects each target analyte independently at the specified cutoff 4Methamphetamine is the target analyte for amphetamine/methamphetamine testing 5To be reported positive for methamphetamine, a specimen must also contain amphetamine at a concentration equal to or greater than 100 ng/mL 6Methylenedioxymethamphetamine (MDMA) 7Methylenedioxyamphetamine (MDA) 8Methylenedioxyethylamphetamine (MDEA) These cutoff levels are subject to change by the Department of Health and Human Services as advances in technology or other considerations warrant identification of these substances at other concentrations. Page 27 106 Drug and Alcohol Testing Policy APPENDIX D Resources MEDICAL REVIEW OFFICER HOTLINES,SUPPORT GROUPS Dr. Bruce Heischober Narcotics Information Helpline P.O.Box 8878 (800)248-6299 Redlands,California 92375 (909) 307-8200 Alcoholics Anonymous (805),1466-z8:175,541-3211,or 927-0347 LABORATORY Addiction Medicine Consultants, Inc. Al-Anon P.O.Box 8878 (805)534-9204,549-8989,or 541-3211 Redlands,California 92375 (909) 307-8200 National Institute on Drug Abuse Hotline National Cocaine Hotline Star Drug Testing (800)�,62KELP 3850 Ramada Drive Paso Robles, California 93446 SLO County Drug and Alcohol Services (805)434-1477 2945 McMillan Ave. SUBSTANCE ABUSE PROFESSIONAL(S)', San Luis Obispo,California 93401 (805)781-4275 Dale Lewis SLO County Drug.&Alcohol Services Narconon-Drug Addictions 2945 McMillan Ave. (800)556-8885 San Luis Obispo,CA'93401 (805)788-2057 Dominick Lacovara 11549 Los Osos Valley Road,Ste.202 San Luis Obispo,CA 93405 (805)543-7040 SUBSTANCE ABUSE COUNSELING AND TREATMENT RESOURCES City of Atascadero Employee Assistance Lifestyle Recovery Center Program(EAP) 715 24`'Street MHN Paso Robles,CA 93446 (800) 327-0556 (805)238-2290 SLO County Drug & Alcohol Services Cottage Outpatient Center of SLO 3556 El Camino Real 1035 Peach Street Atascadero,CA 93422 San Luis Obispo,CA 93401 (805)541-9113 North County Connection 8600 Atascadero Ave. Atascadero,CA 93422 (805)462-8600 Page 28 107 108 ITEM NUMBER: B - 1 DATE: 11/23/10 Atascadero City Council Staff Report — Community Services Department 2010 Bicycle Transportation Plan Final Review and Adoption RECOMMENDATIONS: Parks and Recreation Commission recommends the City Council: 1. Adopt Draft Resolution A, certifying Proposed Mitigated Negative Declaration 2010-0006; and, 2. Adopt Draft Resolution B, adopting the proposed 2010 City of Atascadero Bicycle Transportation Plan. DISCUSSION: "Bike Plan" is a formal planning document that works in coordination with the City's General Plan circulation, land use, and safety elements. It identifies policies that will aid in the continued development of a safer and more comprehensive bicycle system and provides the guidance necessary to continue to improve infrastructure, the economic environment and health of the community. Enhancing safety for cyclists is the most effective way to encourage citizens to use bicycles for transportation. The plan accounts for connections with other communities outside City boundaries as well. Additionally, a comprehensive and approved bike plan will enable the City to access major State and Federal funding for infrastructure grants. While preparation of a city-wide Bicycle Transportation Plan was not budgeted for FY 2010/11, the City Council identified preparation of a Bike Plan as a goal in the annual strategic planning process for this year. Since that time, City staff has been in the process of preparing the plan in-house and with a team of dedicated volunteers. 109 The Bike Plan Technical Advisory Committee (TAC) consists of: Dan Rivoire, San Luis Obispo Bicycle Coalition Geiska Baker, SLOCOG Callie Taylor, City of Atascadero David Athey, City of Atascadero Mike Zappas, Volunteer Len Colamarino, Volunteer Doug Marks, Volunteer Bill Wachtel, Parks and Recreation Commissioner Tom Zirk, Parks and Recreation Commissioner Jennifer Fanning, City of Atascadero Brady Cherry, City of Atascadero On September 28, 2010, the City Council and the Parks and Recreation Commission held a special joint meeting to publicly introduce the Draft Atascadero Bicycle Transportation Plan. Staff made an oral presentation at the meeting that outlined the features of Bike Plan. Since that time, the plan has been available for public review, distributed to stakeholders and the Mitigated Negative Declaration (available for viewing at City Hall or www.atascadero.org) was legally noticed for public comment. Much agency and public input has been received. At Council direction, some of the policy language in the document was softened to the extent possible, without compromising the City's ability to qualify for outside funding sources. The Parks and Recreation Commission held a public hearing on the Draft Atascadero Bicycle Transportation Plan on October 21 , 2010. The Commission listened to public comment and reviewed the staff report outlining the input from Cal Trans, the Public Utilities Commission, SLOCOG and other comments on the draft Bike Plan. The Parks and Recreation Commission recommended that the City Council certify the proposed Mitigated Negative Declaration (2010-0006), and adopt the proposed Bicycle Transportation Plan. The public review process and the involvement of the community in the preparation of the Bike Plan has been significant, and has helped the City to create a stronger and more comprehensive plan. FISCAL IMPACT: There is no fiscal impact to the City by the adoption of the proposed 2010 City of Atascadero Bicycle Transportation Plan. Plan development costs have been absorbed by the Community Services, Public Works and Community Development Departments. Capital Improvement costs and other costs indicated in the Bike Plan are not funded nor budgeted. The plan is not a spending initiative, and does not require the City to build any of the projects identified in the plan. The Bike Plan is a planning document that will allow the City to be eligible for a number of State and Federal funding opportunities. The City's ability to obtain grants 110 and other outside funding sources is directly linked to having an adopted Bicycle Transportation Plan. ATTACHMENTS: Attachment A - Draft Resolution A Certifying Proposed Mitigated Negative Declaration 2010-0006. Attachment B - Draft Resolution B Adopting the 2010 City of Atascadero Bicycle Transportation Plan 111 112 ATTACHMENT A: Draft Resolution A, Certifying Proposed Mitigated Negative Declaration 2010-0006 DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, CERTIFYING PROPOSED MITIGATED NEGATIVE DECLARATION 2010-0006 PREPARED FOR THE 2010 DRAFT BICYCLE TRANSPORTATION PLAN (City of Atascadero) WHEREAS, the City Council of the City of Atascadero, California, directed staff to develop a Bicycle Transportation Plan to be implemented Citywide; and, WHEREAS, an Initial Study and Proposed Mitigated Negative Declaration 2010-0006 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 Parks and Recreation Commission of the City of Atascadero held a public hearing on October 21, 2010 following the close of the review period to consider the Initial Study and Proposed Mitigated Negative Declaration; and, WHEREAS, the Parks and recreation Commission has determined that the proposed Bicycle Transportation Plan 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 23, 2010, following the close of the review period, to consider the Initial Study and Proposed Mitigated Negative Declaration; and, NOW THEREFORE, the City Council of the City of Atascadero, hereby resolves to certify Proposed Mitigated Negative Declaration 2010-0006 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 Parks and Recreation Commission, and the information contained therein was considered by the Parks and Recreation Commission, prior to recommending action on the project for which it was prepared; and, 3. The proposed Bicycle Transportation Plan does not have the potential to degrade the environment when mitigation measures are incorporated into the project; and, 113 4. The proposed Bicycle Transportation Plan will not achieve short-term to the disadvantage of long-term environmental goals; and, 5. The proposed Bicycle Transportation Plan does not have impacts which are individually limited, but cumulatively considerable; and, 6. The proposed Bicycle Transportation Plan will not cause substantial adverse effects on human beings either directly or indirectly. 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: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Roberta Fonzi, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney i 114 Exhibit A: Proposed Mitigated Negative Declaration 2010-0006 tt�P/.eale.'r n'm ;i CITY OF ATASCADERO sr COWNIUNITY DEVELOPNIENT DEPARTMENT NOTICE OF INTENTION TO ADOPT PROPOSED MITIGATED NEGATIVE DECLARATION NOTICE IS HEREBYGIVEN that the Environmental Coordinator of the City of Atascadero has completed a review of the following prof ect and is proposing the following environmental determination: OwneriApplicant• Cin•of Ata>cadero.6907 El Can:nto Real.Atascadero,CA 93+22 Project Title: PLN-2010-1374, Atascadero Bicycle Transportation Plan Project Location: ( Cityivldt Project The City of Atascacdero's Bicycle Transportation Plan is a plarming doctnttent which Description: provides a blueprint for the development of a comprehensive bicycline system throughout the City. The plan is designed to facilitate safe. comfortable, convement, and enjoyable bicycle transportation by all cyclists.The plan proposes both physical projects,such as new bike hies, striping, and siguage, as well as policies to encourage growth of the City's bikeway network.The General Plan Circulation Diagram and the General Plan Circulation Element Goals,Policies,and Programs have been used as guides in the development of the 20I0 Bicvcle Transportation Plan for consistencv in order to ensure consistency-with the 2002 adopted General Plan. W'ith the adoption of the Bicycle Transportation Platt,the City will be eligible for various Federal,State and County grains in connection-with projects that promote bicvclung. The proposed plats contains specific information required by Section 891.2 of the California Streets and Highways Code and addresses all of the requirements needed to be eligible for State grants under the Bicycle Transportation Account(BTA)program. Environmental Begins: September 22,2010 Review Dates: Ends: October 21,2010 informational September'_S,2010:Draft Review'and Comment(Joint Gin'Council,'Commission meeting) Meeting: Tentative October 21,2010:Parks and Recreation Commission,7:00 p.m. Hearing Dates: November 23,2010:Cite Council,6:00 p.m. Hearing City'Hall Cotincil Chambers Location: 6907 El Camino Real,Atascadero,CA 93422 Proposed Based on the Initial Study prepared for the project.a Mitigated Negative Declaration is proposed. Environmental The Mitigated Negative Declaration is available for public review from 9'22.110 through 10'21,210 at Determination 6907 El Camino Real.Connmumty Development Department from 5:30 a.m.to>:OC'p.tn.Monda", tluouzit Friday. AiiLv inrer-estea''Persort May rm'ieu•the Pr OPosed ASittgared 7venanye Dectaratian-rty pr arestfles. Onesnons should be directed tO Collie TaYlor,Associate Plartrer at 470-3448. Warren Frace.Cominu v Development Director Date BiU 3.151DTT- Tm rale:C 11 A.�f 6907 EL C AMINO REAL-ATASCADERO,CA 93422• (805)461-5000•F--1461-7612 115 ``kl-1I' Inm lq tr� � - CITY OF ATASCADERO NOTICE OF DETERMINATION 6907 El Canon Real Atascadeio.CA 93422 505.461.5000 To: z Cccam C7ed;-.Conn.of San Luis Obispo From: Waner.Frace,Cu-rofAtiscadem Subject Filing of otice ol'Determination in Compliance u ith lection:1152 of the Public Resources C ode OwneriApplicant: Cin'of Atascac=ero.6902 El Carruno Real.Atascadero,CA 93422 Project Title: PLN-2010-137.1, Atascadero Bicycle Transportation Plan Project Location: CID—de Project The City of Atascadero's Bicycle Transportation Plan is a planning docrnnent which Description: provides a blueprint for the development of a connprehensive bicycling systern throughout the City. The plan is designed to facilitate safe,comfortable,convenient,and enjoyable bicycle transportation by all evclists.The plan proposes both physical projects,such as nein' bike lanes,striping,acrd signage.as well as policies to encourage growth of the City s bikeway network.The General Plan Circulation Diagram and the General Plan Circulation Element Goals,Policies,and Prograrns have been used as guides in the developnrern of the 2010 Bicycle Transportation Plan for consistency in order to ensure consistency with the 2002 adopted General Plan. With the adoption of the Bicycle Transportation Phan.the City will be eligible for various Federal,State and County grants in cannection with projects that promote bicycling. The proposed plan contains specific infornnation required by Section 8912 of the California Streets and Highways Code and addresses all of the requirements needed to be ehgible for State grants under the Bicycle Transportation Account(BTA)program - STATE CLEARINGHOUSE#: ------ This is to certify that the Cir;of Atascadero,the®lead'a❑responsible agency approved the above-described project on November 23.2010 and made the following derernunations. 1. The project❑will®vitt not have a significant effect on the ertviromuent. 2. ❑ An Environmental Impact Reportwas prepared and certified for this project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. ❑ A Negative Declaration as prepared for this protect pursuant to the provisions of CEQA and reflects die independent judgment of the Lead Agency. 0 A hhugated Negative Deckuation teas prepared for tln i project pursuant to the provisions of CEQA and reflects the independent judgment of the Lead Agency. 3, hlitigabon nreasni-es®.sere❑were not made a condition of the approval ofthe project. 4. A Statement of Overriding Considerations❑w•as®was not adopted for this project. Fitrdmgs Z were❑were not trade pursnaut to the provisions of CEQA 6 The location and custodian of the documents which corgrrise the record of proceedwigs for the Final EIR(with continents and responses]or Mitigated Negative Declaration are specified as follows: Grslodian Marren Frace,Carnrnunhr Denvtapntew Direcror Locanoti: Commiorj!.y DovelopmentDepamnenr;GdO'El Cowino Real,Atascadero,C:4 9342? Warren Frace.Connnanrity Development Director Date 6907 EL C.-k'11L�0 REAL•ATASCADERO,CA 93422 (805)461-5000•F_X-X 461-7612 116 if/ CITY OFATASCADERO .F PROPOSED MITIGATED NEGATIVE DECLARATION #2010-0000 6907 El Cannnino Real Atascaclero,CA 93422 805%461-5000 Owner/Applicant.• City of Atascaclero,6907 El C:aunno Real.Atascaclero.CA 9342-1 Project Title: PL\-2010-1374 Atascadero Bicycle Transportation Pian Project Location: Crrti'nde Project The City of Atascaclero s Bicycle Transportation Plan is a planning docurnent which Description: provides a blueprint for the development of a comprehensive bicycling system throughout the City. The plan is designed to facilitate safe. comfortable, convenient. and enjoyable bicycle transportation by all cyclists.The plan proposes both physical projects,such as new bike lanes, striping, and signage, as well as policies to encourage growth of the City's bik-eway network.The General Plan Circulation Diagram and the General Plan Circulation Element Goals_Policies.and Programs have been used as guides in the development of the 2010 Bicycle Transportation Plan.for consistency in order to ensure consistency with the 2002 adopted General Plan. With the adoption of the Bicycle Transportation Plan.the Cin•will be eligible for various Federal, State and Conmty grants in connection with projects that promote bicycling. The proposed plan contains specific information required by Section 891.2 of the California Streets and Highways Code and addresses all of the requirements needed to be eligible for State grants tender the Bicycle Transportation Account(BTA)program Findings: 1. The project does not have the potential to degrade the envaonmeru. 2. The project will not achieve short-term to the disadvantage of long-tens ennvironneutal goals. 3. The project does not have unpacts which are individually lunuted.but ctunulatively considerable. 4. The project will not cause substantial adverse effects on htnman beings either directly or indirectiy. Determination: Based on the above findings.and the information contained in the Initial Stymy 2010-0006(made a put hereof by reference and on file in the Coniniurury Development Department),it has been determined that the above project will not have an adverse unpact on the envirownent-when the following nutigation measures are incorporated into the project(see attachment). Prepared By; C'allie Tailor,Associare Planner 1Car-LPu7s,PiarningIntern Date Posted: September 22,2010 Public Review Ends: October 21,2010 Attachments: Initial Stu&2010-0006 Draft Bicycle Transportation Plan 6907 EL CA_-\II\O REAL- tTA.SCADERU,CA 93422• (805)461-5000•F—AX 461-7612 117 �(IAJ Aly Iltt A�tI ken, CITY OFATASCADER0 INITIAL STUDY ENVIRONMENTAL CHECKLIST FORM Environmental Review 20'10-ODO6 OwnerlAppheant: City of Atascadero,6907 El Camino Real,Arascadero.CA 93422 Project Title: PLN-'_'010-1374, Atascadero Bicycle Transportation Plan Project Location: C'WW'de Project The City of Atascadero's Bicycle Transportation Plan is a planning doctunzent«Much Description• provides a blueprint for the development of a comprehensive bicycling system throughout the Citv. The plan is designed to facilitate safe.comfortable,convenient,and ennjovable bicycle transportation by all cyclists.The platy proposes both physical projects,such as new bile lanes,striping.and sigmtage,as well as policies to encourage growth of the Cin=s bil:ev.-ay network.The General Plan Circulation Diagram and the General Plan Circulation Element Goals,Policies,and Programs have been used as guides in the development of the 2010 Bicycle Transportation Plan for consistency in order to ensure consistency with the 2002 adopted General Plau. %Vith the adoption of the Bieecle Transportation Plan,the Ciry will be eligible for various Federal,State and County grants in connection with projects that promote..bicycling. The proposed plan contains specific information required by Section 891.2 of the California Streets and Hiahwa)s Code and addresses all of the requirements needed to be eligible for State grunts under the Bicycle Transportation Account(BTA)programs. Lead Agency Name Cirk;of Atascadero and Address: 6907 El Canuno Real.Atascadero,CA 9,41, Contact Person and Callie Tavior.Associate Planter Phone Number: City of Atascadero_Phone: (805)470-3.745 General Pian Cit-vivide Designation: Zoning: Citywide Surrounding Land Ni'A Uses and Setting: Other public - Sau Luis Obispo Council of Ciovet7unents(SLCICOG)to deter-tuine agencies whose consistency with the adopted Regional Transportation Plan(RTP): approval is - California Department of Transportation,Bievele Unit to determine required ie.g.,permits, consistency with State Code requirements and to certify the plan, financing approval,or participation agreement) 10:t5%10 r—Plan ISMNG_dac 118 CITY OFATASCADERO EWTLAL SF UDY Exhibit A Tiering Responsibility Mitigation tMwutonng Measure Mitigation Monitoring Program FV FSL MV �:G�Fri PLN 2010-1374 �:b, g Re W TO:Tewaray FD:F.OlpaSn A M coke Dep•vnent Bicycle Transportation Plan Fe F.S.—Q. CE Cq Emereer FO'.F..I C ..y ml:WaSY'rRv Cw chra_Y Mitigation Measure 1.b.t Bike mutes along creeks will generally follow BP BS/PS the path of the creek,but will move to City streets where necessary to avoid steep slopes,heavily forested areas,sensitive habitats,or unmanageable terrain. Mitigation Measure 1.d.1: Class I bike path lighting shall comply with City BP BS1PS t.d.1 standards. Any lighting along creeks shall be designed to shine away from the creek corridor or not be installed at locations where impacts cannot be mitigated. Mitigation Measure 3.b 1: The project shall be conditioned to comply with BP BsrPS 3.b.1 all applicable District regulations pertaining to the control of fugitive dust (PM-10)as contained in sections 6.3,6.4 and 6.5 of the April 2003 Air Duality Handbook. Section 6.3 Construction Equipment • Maintain all construction equipment in proper tune according to manufacturers specifications. • Fuel all off-road and portable diesel powered equipment, including but not limited to bulldozers,graders,cranes,loaders, scrapers,backhoes,generator sets,compressors,auxiliary power units,with ARB certified motor vehicle diesel fuel(Non-taxed version suitable for use off-road). • Maximize to the extent feasible,the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. Section 6.4 Activity Management Techniques • Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period. • Schedule of construction truck trips during non-peak hours to reduce peak hour emissions. • Limit the length of the construction workday period,if necessary. • Phase construction activities,if appropriate. Section 6.5' Fugitive PM10 All of the following measures shall be included on grading,demolition and building plan notes: A. Reduce the amount of the disturbed area where possible. B. Use of 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. C. All dirt stockpile areas should be sprayed daily as needed_ D. Permanent dust control measures identified in the approved project re-vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial orading should be sown with a fast- onana 13—Pian ISMND 4- 119 CIT]'OF ATASCAPERO INTITt1L STUDY Exhibit A Timing Responsibility Mitigation iMonitoring Measure Mitigation Monitoring Program .,LOP GI-11 P:.a„rs .«s PLN 2010-1374 BP8'"g.Pe ' ES EWAn�6fh;W; TO'.Tent W; FC'=R DecamnQt:'! uuFan':J �9_�ors€1eFaMren( Bicycle Transportation Plan e « CE:_"E,`I f O:FIT.::C JF�f.Cj 1ViV'.Y\t351AG1H Ch:Citi FI4Trv� A I&C00—c— germinating native grass seed and watered until vegetation is established. F. All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binder,jute netting,or other methods approved in advance by the APCD. G. All roadways,driveways.sidewalks,etc,to be paved should be complete as soon as possible. In addition,building pads should be laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed for all construction vehicles shall not exceed 15 mph on any unpaved Surface at the construction site. I. All trucks hauling dirt,sand,soil,or other loose materials are to be covered or should maintain at least two feet of freeboard(minimum vertical distance between top of load and top of trailer)in accordance with CVC Section 23114. J. Install wheel washers where vehicles enter and exit unpaved roads onto streets,or wash off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. L The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering,as necessary,to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 3.b2 The project shall be conditioned to comply with BP BS!PS 3.b.2 all applicable APCD regulations pertaining to Naturally Occurring Asbestos. Prior to any grading activities at the site,the project proponent shall ensure that a geologic evaluation is conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present,an exemption request must be riled with the District(see Attachment 1). if NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATCf%1. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Refer to the APCD web page at http.Jhwwr,cstocleanair.orgluusinesslasbesras.asp for more information or contact Tim Fuhs of the Enforcement Division at 781-5912. BP PS 4.a.b.c.d. Mitigation Measure 4.a.b.cd Biological evaluations shall be completed for projects which may have potential impact to creeks,the Salinas River, riparian or wetland areas. Surveys for sensitive and special status plant and animal species shall be conducted on a project by project basis where necessary to avoid potential habitats.Surveys for Riparian Habitat and Special-status Plant Species shall be conducted where appropriate. The City shall work with a qualified biologist to modify projects or mitigate 10'10,1C 6:�e Pran ISN=-NLl.aa: 120 31Ei CITY(7r AT4SCADERO rvrrrAL srcmY Exhibit A Timing Responsibility Mitigation Monitoring Measure Mitigation Monitoring Program PLN 2010.1374 sP.ec"rc";P eimc =s:a�inr 5-5 T9:T--y `C`"Dea Er PJ:P".uew^.mer. Bicycle Transportation Plan �o:riam Cu�Parcy Ch'Cit/hl�rrp, %hMC Vlatr,^,prg disturbance of any wetlands,sensitive species or habitats,riparian areas, or wildlife corridors. The City shall ensure compliance with applicable local,state and federal regulations. Proper specific CEQA documents and associated mitigations as well as consultation with any pertinent agencies shall be undertaken for all projects that have the potential to disturb waterways or sensitive habitats. f0itigation Measure 4.e.1: Grading and excavation and grading work shall BP PS 4.e.1 be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: i. 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. 5. All trees within twenty feet of construction work shall be fenced for protection with 4-foot chain link:snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 6. Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 7. Utilities such as water,gas,power,cable,storm drainage,and sewer should be redirected from under the canopy of any trees that are to remain. 8 Where a building is placed within the canopy of a tree the foundation should be redesigned so that it badges across any root systems. 9. Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 10.At no time shall tree roots be ripped with construction equipment. f0itigation PAeasure 4.e.2: Individual project site plan shall identify all BP Bs1ps 4.e.2 protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan.Tree protection fencing shall be installed at the locations called out in the Tree Protection Plan. Mitigation kleasure 4.e.3: Tree removal permits shall be obtained for any BP BSIPS 4.e.3 native trees which need to be removed for construction of a proposed project. Tree removals shall be permitted and mitigated according to the Atascadero Native Tree ordinance. Tree mitigation fees shall be paid or trees shall be planted as mitigation per the requirements of the Atascadero Native Tree Ordinance. i Mitigation Measure 4.e 4: Erosion control hydroseed.slope stabilization BP Ps 14.e.4 near creeks or drainage swales shall consist of native species matching the existing plant species within the tributay stream The seed and plant material shall not contain any introduced plant species. 10"Eryp ei..e Pias 13Mfd0.crr. I 121 fir{ CITY OFATASCADERO INITIAL STUDY Exhibit A Timing Responsibility Mitigation rMenitoring Measure Mitigation Monitoring Program F-MaF PLN 2010-1374 SP GW—--1 „" •� s-e—:-ngae" TO:itt'i»ray 'C'=re Je-aM•.ci'. Bicycle Transportation Plan w.nmencn :E:crty E1q-1 y p AM a7zrAaer CA:CAy A—© Mitigation 5.a.b.c I: If potential cultural resources are found during 011gonTg PS 5.a.b.c.1 construction,construction shall cease until a qualified archaeologist determines the extent of the resource,and the Community Development Director approves appropriate protective measures. Mitigation 5 d.1: In the event that human remains are discovered on fhe cmgoing PS 5A.1 property,all work on the project shall stop and the Atascadero Police Department and the County Coroner shall be contacted. The Atascadero Community Development Department shall be notified If the human remains are identified as being Native American,the California Native American Heritage Commission(NAHC)shall be contacted at(9 16)653- 4082 within 23 hours. A representative from both the Chumash Tribe and the Safinan Tribe shall be notified and present during the excavation of any remains. Mitigation Pleasure 6.b.9: Grading plans shall be submitted for each BP BSVS 6.b.1 proposed bikeway on a project by project basis.These plans shall include erosion control measures to prevent soil,dirt,and debris from entering the storm drain system during and after construction. Separate plans shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application. Mitigation Measure 6.b.2. All cut and fill slopes shall be hydro seeded with BP BsiPs 61.2 an appropriate erosion control method(erosion control blanket,hydro- mulch,or straw mulch appropriately anchored)immediately after completion of earthwork between the months of October 15 through April 5. All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean up of any mud or debris that is tracked onto public streets by construction vehicles. Ivlltigation Measure 9.e.f.1'. The contractor is responsible for ensuring that BP BS+PS 9.e11 all workers are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best P•1anagement Practices will result in the issuance of correction notices,citations,or stop orders. tvlitigation Measure 12.4.1: All construction activities shalt comply with the BP BSiPS 12AA City of Atascadero Noise Ordinance for hours of operation. iD+15110 6—R-ISVNC-occ 122 �i rrr. a xr CM'OFATASCADERO IIyITLAL 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 and Forest � Air Quahty Resources ZBiological Resources Cultural Resources Geologv"Soils Greenhouse Gas ❑ Hazards.-Hazardous Hvdrologv t�%ater Enussions Materials Qualm ILandtise Planning ❑ Mineral Resources ❑ Noise Population i Housing Public Services F Recreation 77 TransportationlTraffic ❑ Utilities r Service S}°stems ❑ I laaulatoiZ Findings of Sitliiificance Ou the basis of this initial evaluation. ❑ I find that the proposed project COULD NOT have a significant effect oil the enviontnent,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::>heet have been added to the project. A MITIGATED NEGATI-VE DECLARATION will be prepared. ❑ I find that the proposed project MAY have a significant effect on the environment,and,in ENI IRONN,IEN'TAL LMPACT REPORT is required. ❑ I find that the proposed project MAY have a`potentially significant effect'-or"potentially significant unless mitigated"impact oil the euvironment_but at least one effect 1)has been adequately analyzed in air earlier document pursuant to applicable legal standards.and_')has been addressed by mitigation measures based on the earlier analvsis as described oil attached sheets. An ENVIRONMENTAL INIPACT REPORT is required-but it mast 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 ZS'IL.L NOT be a significant effect in this case because all potentially significant effects(a)have beers anal,,2ecl adequately in an earlier EIR or NEGATTC%E DECLARATION pursuant to applicable standards and ib}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. Gallie Tavlor Date Associate Planner i til o�10 Bir.Plan IWND.d- 123 u CIT]'OF A T.4SCADERO I IML S=Y EVALUATION OF E\y,1R0'-S:1IE-'T.A_L.BIPACTS: 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 in the parentheses 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) Once the lead agency has determined that a particular physical impact may occur,then the checklist answers must indicate whether the impact is potentially significant, less than significant with mitigation, or less than significant."Potentially Significant Impact" is appropriate if there is substantial evidence that an effect may be significant.If there are one or more"Potentially Significant Impact"entries when the determination is made, an EIR is required. 4) "Negative Declaration: Less Than Significant With 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"Earlier Analyses,"as described in (5) below, may be cross-referenced)- 5) Earlier analyses may be used where,pursuant to the tiering,program EIR,or other CEClA process,an effect has been adequately analyzed in an earlier EIR or negative declaration. Section 15063(c)(3)(D) In this case,a brief discussion should identify the following: a) Earlier Analysis Used,loentify and state where they are available for review. b) Impacts Adequately Addressed. Identity which effects from the above checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards,and state whether such effects were addressed by mitigation measures based on the earlier analysis. c) tAitlgation Measures- For effects that are "Less than Significant with Mitigation IAeasures Incorporated," describe the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project. 6) Lead agencies are encouraged to incorporate into the checklist references to 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. 7) Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion. 0)This is only a suggested form,and lead agencies are free to use different formats-,however,lead agencies should normally address the questions from this checklist that are relevant to a projects environmental effects in whatever format is selected. 5)The explanation of each issue should identify: a) the significance criteria or threshold,if any,used to evaluate each question,and b)the mitigation measure identified,it any,to reduce the impact to less than significance. ton 671 C G.-P.—iWN DA,- 124 CFFY OF ATASCADERO 2 LNrTLAL SRIDY Initial Study 2010-0006 Potentially Less Than Less Than No Significant Significant with Significant Impact PLN 2010-1374,Bicycle Transportation Plan 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 to,trees,rock outcroppings,and historic buildings u within a state scenic highway? c)Substantially degrade the existing visual character or ❑ F� n quality of the site and its surroundings? u (1)Create a new source of substantial light or glare that —I would adversely affect day or nighttime views in the area? �J SOURCES: Atascadero Bicycle Transportation Plan,Atascadero General Pian,Atascadero I'lunicipai Code. DISCUSSION: 1.a. The proposed bikeways will not affect any scenic vista view corndors. 'I.b. The proposed bikevvays will not have an affect on and historic buildings or scenic highways.Proposed bikeways are primarily designed to be located along existing or streets and highways in previously developed areas. Bicycle transportation and facilities shall be included with new development as shown on the proposed facilities map.Bike routes along creeks will generally follow the path of the creek,but will move to City streets where necessary to avoid steep slopes,heavily forested areas,sensitive habitats,or unmanageable terrain. Most proposed bike paths are located in areas with relatively level terrain that does not include significant rock outcroppings. Bike path projects would typically be routed around any rock outcroppings,trees,or historic structures as necessary. Class I and 11 bikeway projects may potentially result in damage to or the removal of existing native oak trees. Any native trees which are impacted by new bike facilities will be managed and mitigated per the Native Tree Ordinance. l.c. implementation of Class II bike lanes and Class III bike routes involves the installation of signs and/or pavement markings on streets. For some Class II projects,minimal street widening may also be required. Class I trails would include paving,signs and possibly bridges or other structures.These impacts shall be minimal and shall have a less than significant impact. l.d. Class II bike lanes and Class III bike routes will be lit by existing street lights,and Class I bike trails typically do not include lighting. In such cases where additional lighting will be required, lighting will be consistent with the Atascadero Municipal Code and will be shielded as to not incur excessive light spill-off. r0itiaation Measure 1.b.1, Bike routes along creeks will generally follow the path of the creek,but will move to City streets where necessary to avoid steep slopes, heavily forested areas, sensitive habitats, or unmanageable terrain. Miticlation Measure 1.d.1 Class I bike path lighting shall comply with City standards. Any lighting along creeks shall be designed to shine away from the creek corridor or not be installed at locations where impacts cannot be mitigated. 2.AGRICULTURAL AND FOREST 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_In determining whether impacts to forest resources,including timberland,are significant environmental effects.lead agencies may refer to information compiled by the California Department of iD't E7ID Pape 8 C7Cocurcenis ane P.et�.: Local 3ecm s'�7em;-- ps•ssins'. g 'y Internet=lis s:Comen:.Guar.kV,tOZ4V3zFE',D-Pear.ISYN 3.dcc 125 f - CIT]'OF A � TASCADERO� "TM2S!O INII'L4L STtID2 Initial Study 2010-0006 Potentially Less Than Less Than No Significant Significant with Significant Impact PLN 2010-1374,Bicycle Transportation Plan impact Mitigation impact Incorporation Forestry and Fire Protection regarding the state's inventory or forest land,including the Forest and Range Assessment Project and the Forest Legacy Assessment project:and the forest carbon measurement methodology provided in the Forest Protocols adopted by the California Air Resources Board.Would the project: a}Convert Prime Farmland,Unique Farmland,or Farmland � ❑ of Statewide Importance(Farmland),as shown on the maps ENJ 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? c)Conflict with existing zoning for,or cause rezoning of. El F] F� Z forest land(as defined in Public Resources Code section 12220(g)).timberland(as defined in Public Resources Code section 4526),or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?? d)Result in the loss of forest land or conversion of forest ❑ D171 land to non-forest use? e)Involve other changes in the existing environment which. n F7 due to their location or nature,could result in conversion of J Farmland to non-agricultural use or conversion of forest land to non-forest use? SOURCES:Atascadero Bicycle Transportation Pian,Land Use Element EIR DISCUSSION 2.a. There are no bike paths proposed to be located on agriculturally zoned properties.Bike paths will be implemented primarily within urban and built-up land areas.Less than significant impacts to agricultural resources are anticipated with the implementation or the 2010 Bicycle Transportation Plan. 2.b. No bike pathways are proposed for lands zoned for agriculture or under a Williamson Act contract. 2.c. The Bicycle Transportation Plan does not Involve rezoning of forest land or timberland. Bike paths will primarily be placed within urban and built-up areas_ 2.d.e. Neither forestland nor farmland will not be lost in the creation of bike pathways. 3.AIR QUALITY—Where available.the significance criteria established by the applicable air quality management or air pollution control district may be relied upon to make the following determinations.Would the project: 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 or anyr 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? Page G 10;351C L:v t c n.:g —L.-S-•ng maarary 'nte—tF Ccn.en..01-1,4OZYi eDS..e Pia 3 MNC.00c 126 CTTY OFATASC.'ADERO 2 HHTI4L STUDY Initial Study 2010-0006 potentially gnifica t Significant with shan igoifi Than Impact PLN 201(-1374,Bicycle Transportation Platt Impact Mitigation impact tincorpmation e)Create objectionable odors affecting a substantial number of people? SOURCES:Atascadero Bicycle Transportation Plan,Air Pollution Control District(APCD)CEQA Air Quality Handbook DISCUSSION: 3.a_)The Bicycle Transportation Plan is consistent with the planning maps,policies,goals and programs of the 2002 Atascadero General Pian. The Circulation Element of Atascadero's General Plan includes a goal to"Provide and promote alternative modes of travel to reduce traffic congestion and improve air quality by providing viable transit alternatives." The Bike Plan has been developed in conjunction with representatives from the San Luis Obispo Council of Governments(SLOCOG)and the San Luis Obispo County Bicycle Coalition in order to ensure consistency with regional plans_ The Atascadero Bike Plan is consistent with the San Luis Obispo County Bilkeways Plan(2005), SLOCOG's Regional Transportation Plan(2005),and the San Luis Obispo County Clean Air Plan(2001). Implementation of the Bicycle Transportation Plan should increase bicycle ridership and therefore have a positive effect on air quality. Increased levels of bicycling should reduce vehicle trips and miles traveled,therefore reducing emissions of pollutants.As a result,implementation of the BTP will not conflict with air quality planning. 3.b.c_)Construction activities associated with installing bike lanes and trails to implement the BTP,may include grading and paving which will generate an increase in quantities of criteria pollutants and particulate matter,Including dust and equipment exhaust. Air quality impacts for the entirety of any road widening projects or projects requiring substantial grading and paving will be evaluated separately by individual environmental documents.Implementation of all bikeway projects shall be conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust(PM-10)as contained in sections 6.3,6.4 and 6.5 of the April 2003 Air Quality Handbook. Maintenance activities for all bikeways will include weed control,streetthall sweeping,trash collection,asphalt repair and other low-frequency maintenance activities.It is expected that the benefits of increased bicycle transportation will outweigh the potential impact of infrequent maintenance activities_The impact is less than significant. 3.d.) The construction of bikeway projects would result in brief periods of elevated pollutant concentrations,due to paving and construction equipment.The pollutant concentrations are expected to dissipate before they cause adverse effects to sensitive populations.in addition,all projects should be brief enough to not affect one particular population for a long enough time to have any notable effect.Therefore,the impact would be less than significant. 3.e.)Normal use of bikeways would not create any odors,but construction and maintenance of bikeways could generate temporary odors.The impacts would be less that significant Mitigation Measure 3.b.1: The project shallbe conditioned to comply with all applicable District regulations pertaining to the control of fugitive dust(PM-10)as contained in sections 6.3,6.4 and 6.5 of the April 2003 Air Quality Handbook. Section 6.3: Construction Equipment * Maintain all construction equipment in proper tune according to manufacturer's specifications. • Fuel all off-road and portable diesel powered equipment,including but not limited to bulldozers,graders, cranes,loaders,scrapers,backhoes,generator sets,compressors,auxiliary power units,with ARB certified motor vehicle diesel fuel(Non-taxed version suitable for use off-road)_ Maximize to the extent feasible,the use of diesel construction equipment meeting the ARB's 1996 or newer certification standard for off-road heavy-duty diesel engines. Section 6.4Activity Manaoement Techniques Develop a comprehensive construction activity management plan designed to minimize the amount of large construction equipment operating during any given time period_ Schedule of construction tuck trips during non-peak hours to reduce peak hour emissions. Limit the length of the construction workday period,if necessary. Phase construction activities,if appropriate. 1D+t5110 Page 10 C:ioo��tsanrsebingstae,pDrwy Innenret FilesfCmaentauslookutozws2PEieme Pim,ISMND.dm 127 CITY OFAT_4SCADERO =ML STUDY Initial Study 2010-0006 Potentially Less Than Less Than No Significant Significant with Significant Impact PLN 2010-1374,Bicycle Transportation Plan Impact Mitigation Impact Incorporation Section 6.5: Fugitive PM 10 All of the following measures shall be included on grading,demolition and building plan notes: A. Reduce the amount of the disturbed area where passible. D. Use of 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 t5 mph. Reclaimed(non- potable)water should be used whenever possible. C. Alt dirt stockpile areas should be sprayed daily as needed. D. Permanent dust control measures identified in the approved project re-vegetation and landscape plans should be implemented as soon as possible following completion of any soil disturbing activities. E. Exposed ground areas that are planned to be reworked at dates greater than one month after initial grading should be sown with a fast-germinating native grass seed and watered until vegetation is established_ F. All disturbed soil areas not subject to re-vegetation should be stabilized using approved chemical soil binder,jute netting,or other methods approved in advance by the APCD. G. All roadways,driveways,sidewalks,etc,to be paved should be complete as soon as possible. In addition, building pads should Lie laid as soon as possible after grading unless seeding or soil binders are used. H. Vehicle speed Tor all construction vehicles shall not exceed 15 mph on any unpaved surface at the construction site. I. All trucks hauling dirt,sand,soul.or other loose materials are to be covered or should maintain at least two feet of freeboard(minimum vertical distance between top of load and top of trailer)in accordance with CVC Section 23,114, J. Install wheel washers where vehicles enter and exit unpaved roads onto streets,or wash off trucks and equipment leaving the site. K. Sweep streets at the end of each day if visible soil material is carried onto adjacent paved roads. Water sweepers with reclaimed water should be used where feasible. t_. The contractor or builder shall designate a person or persons to monitor the dust control program and to order increased watering,as necessary,to prevent transport of dust off site. The name and telephone number of such persons shall be provided to the APCD prior to land use clearance for map recordation and land use clearance for finish grading of any structure. Mitigation Measure 3.b.2: The project shall be conditioned to comply with all applicable APCD regulations pertaining to Naturally Occurring Asbestos. Prior to any grading activities at the site,the project proponent shall ensure that a geologic evaluation is conducted to determine if NOA is present within the area that will be disturbed. If NOA is not present,an exemption request must be filed with the District(see Attachment'1). if NOA is found at the site the applicant must comply with all requirements outlined in the Asbestos ATOM. This may include development of an Asbestos Dust Mitigation Plan and an Asbestos Health and Safety Program for approval by the APCD. Refer to the APCD web page at http_IAtvww.slooleanalr.oVDusines:Vasbestos_asp for more information or contact Tim Fuhs of the Enforcement Division at 781-5592. 4.BIOLOGICAL RESOURCES--Would the project: a)Have a substantial adverse effect,either directly or F through habitat modifications,on any species Ident€fled as a 1:1 El 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 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? ,orvana Page 11 Cz`'Looe—ft andaarirgsssmz1-1sesinsg-P r 4n^.er t F I C n.entD k IJCPtiVS roEt63r.�P—ISMtaD.d'oe 128 a CM'OF ATASCADERO ?w D ITML STIEDY Initial Study 2010-0006 Potentially Less Than Less Than No Significant Significant with Significant Impact PLN 2010-1374,Bicycle Transportation Plan Impact Mitigation Impact Incorporation c)Have a substantial adverse effect on federally protected wetlands 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 or migratory fish or wildlife species or with established native resident or migratory wildlife corridors,or impede the use of native wildlife nursery sites? e)Conflict with any local policies or ordinances protecting biological resources,such as a tree preservation policy or El Z El D ordinance? f)Convict with the provisions of an adopted Habitat 77 Conservation Plan,Natural Community Conservation Plan, or other approved local,regional,or state habitat conservation plan? SOURCES: Atascadero Bicycle transportation Plan,Land Use Element EIR,Atascadero Tree Ordinance DISCUSSION: 4.a. Some proposed projects in the BTP may be located in areas that support special-status plant or animal species. Construction of bikeways alone Atascadero Creek and the Salinas River may adversely impact,either directly or indirectly through habitat modifications,some plants and animal species. The City would attempt to avoid impacts to sensitive species whenever possible by rerouting bike paths or utilizing a qualified biologist to assess potential impacts and incorporate mitigation on a project by project basis.Any new bike routes or facilities shall comply with applicable local,state and federal regulations regarding sensitive or special status species in order to reduce potential impact to a less than significant level. 4.b_Riparian habitat occurs along the banks of Atascadero Creek and Salinas River.Bikeways are proposed to travel along these waterways,and therefore have the potential to impact riparian habitat.The level of impact for specific bikeway projects is not know at this time,and would depend on extent of disturbance and actual habitat loss. Mitigation will be required to reduce the impact to less than significant through biologist evaluation on a project specific basis. 4 c. According the General Plan EIR,the extent of wetlands within buildable Atascadero is not fully documented. Images from the National Wetlands Survey signify the existence of a minimal amount of wetlands area.Bikeways my possibly intrude on these wetlands.The City will design bikeways to avoid impacts to wetlands where feasible,and will implement mitigation measures to reduce the impact to less than significant through biologist evaluation on a project specific basis. 4.d. Some proposed bike paths would be located in open space corridors along Atascadero Creek and Salinas River. These areas serve as habitat for migratory animal species,including fish and birds. The proposed bikeways would not substantially alter the continuity of habitat corridors,although construction activities may temporarily interfere with the movement animals.%litigation measures will be implemented to reduce the impact to less than significant through biologist monitoring and pre-construction surveys. 4e.f. The General Plan Open Space and Conservation Element includes policies related to biological issues.These policies are generally related to the preservation and rehabilitation of riparian corridors and native oak woodlands.The General Plan notes that Class I bike trails are permitted within open space areas.Any new,bikeways near creeks or wetlands shall be designed to minimize impacts per the General Plan. The City Native Tree Ordinance contains standards for the protection of native oak trees,as well as mitigation for native tree removals.The provisions of the Native Tree Ordinance would be applied to any bicycle projects that may impact ara�7lo Page 12 C.'D r,me-.Cs�ne°s n a s ms'Lacaloeaongz'errorary In:emzt=iiesiCon:en�Ou?Iaok�N,DZ4'182BE',B4e Pian SIdN6.ouc 129 =OT ATASCADER0 INITIAL STUDY Initial Study 2010-0006 Potentially Less Than Less Than No Significant Significant with Significant Impact PLN 2010-1374,Bicycle Transportation Plan Impact Mitigation Impact Incorporation a native tree,such as requiring arborist reports,protective fencing,payment to the tree fund.etc. Implementation of the City's Native Tree Ordinance would reduce the impact to less than significant level. Mitigation Measure 4 a b c d Biological evaluations shall be completed for projects which may have potential impact to creeks,the Salinas River,riparian or wetland areas Surveys for sensitive and special status plant and animal species shall be conducted on a project by project basis where necessary to avoid potential habitats.Surveys for Riparian Habitat and Special-status Plant Species shall be conducted where appropriate. The City shall work with a qualified biologist to modify projects or mitigate disturbance of any wetlands,sensitive species or habitats,riparian areas,or wildlife corridors_ The City shall ensure compliance with applicable local,state and federal regulations. Proper specific CEQA documents and associated mitigations,as well as consultation with any pertinent agencies shall be undertaken for all projects that have the potential to disturb waterways or sensitive habitats. Mitigation Measure 4.e.1, Grading and excavation and grading work shall be consistent with the City of Atascadero Tree Ordinance. Special precautions when working around native trees include: '11.All existing trees outside of the limits of work shall remain. 12.Earthwork shall not exceed the limits of the project area. 13.Low branches in danger of being torn from trees shall be pruned prior to any heavy equipment work being done. 14.Vehicles and stockpiled material shall be stored outside the drip line of all trees. 15.AII trees within twenty feet of construction work shall be fenced for protection with 4-foot chain link,snow or safety fencing placed per the approved tree protection plan. Tree protection fencing shall be in place prior to any site excavation or grading. Fencing shall remain in place until completion of all construction activities. 1 G.Any roots that are encountered during excavation shall be clean cut by hand and sealed with an approved tree seal. 17.Utilities such as water,gas,power,cable,storm drainage,and sewer should be redirected from under the canopy of any trees that are to remain. 18.Where a building is placed within the canopy of a tree the foundation should be redesigned so that it bridges across any root systems. 19.Any foundation or other structure that encroaches within the drip line of trees to be saved shall be dug by hand. 20.At no time shall tree roots be ripped with construction equipment Mitigation Measure 4.e.2: individual project site plan shall identify all protection and enhancement measures recommended by the Certified Arborist in the Tree Protection Plan.Tree protection fencing shall be installed at the locations called Out in the Tree Protection Plan Mitigation Measure 4.e.3: Tree removal permits shall be obtained for any native trees which need to be removed for construction of a proposed project. Tree removals shall be permitted and mitigated according to the Atascadero Native Tree ordinance. Tree mitigation fees shall be paid or trees shall be planted as mitigation per the requirements of the Atascadero Native Tree Ordinance. Mitigation Measure 4.e.4: Erosion control hydroseed,'slope stabilization near creeks or drainage swales shall consist of native species matching the existing plant species within the tributary stream_ The seed and plant material shall not contain any introduced plant species. 5,CULTURAL RESOURCES--Would the project a)Cause a substantial adverse change In the significance of a historical resource as defined in'15064.5? b)Cause a substantial adverse change in the significance of ❑ ❑ F ❑ an archaeological resource pursuant to'15064.5? c)Directly or indirectly destroy a unique paleontological �l m'Seao Page 13 cnGor+n+ents ane sen,n ��o�!se,�n mternet Fiies�Conten:.Gudoek,A+OZ4'!SLPc'6,ae Plan ISNN:.o: 130 C=OF ATASCADEILO INITLAL SnIDY Initial Stud 2010-0006 Potentially Less Than Less Than ldo Study Significant Significant with Significant Impact PLN 2010-1374,Bicycle Transportation Plan impact Mitigation Impact Incorporation resource or site or unique geologic feature? d)Disturb any human remains,including those interred El N outside of fomTal cemeteries? SOURCES:Atascadero Bicycle Transportation Pian,Land Use Element EIR,U.S.Secretary of the Interior's Standards. DISCUSSION: f.;lost bike routes and lanes will be implemented along existing roadways-However,some projects will involve road widening,or creation of new,separate bike paths.Earthwork activities associated with new bikeway projects may lead to the discovery of unknown archaeological resources,in which case any required cultural resources investigation would be performed Most bikeway projects will be implemented along existing developed roads where the likelihood of finding cultural resources is very low. Mitigation 5.a.b.c.1: If potential cultural resources are found during construction,construction shall cease until a qualified archaeologist determines the extent of the resource,and the Community Development Director approves appropriate protective measures. %,litigation 5.d 1: In the event that human remains are discovered on the property,all work on the protect shall stop and the Atascadero Police Department and the County Coroner shall be contacted. The Atascadero Community Development Department shall be notified. If the human remains are identified as being Native American,the California Native American Heritage Commission(NAHC)shall be contacted at(J 16)653-4082 within 24 hours. A representative from both the Chumash Tribe and the Salman Tribe shall be notified and present during the excavation of any remains. 6.GEOLOGY AND SOILS--Would the project: a)Expose people or structures to potential substantial ❑ adverse effects,including the risk of loss,injury,or death involving: I)Rupture of a known earthquake fault,as delineated F k on the 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. ii)Strong seismic ground shaking? iii)Seismic-related ground failure,including iquefaction? iv)Landslides? El F b)Result in substantial soil erosion or the loss of topsoil? Z F c)Be located on a geologic unit or soil that is unstable,or F7 Z, ❑ that would become unstable as a result of the project,and potentially result in on-or off-site landslide,lateral spreading,subsidence,liquefaction or collapse? Page 14 c coc n ono eb r;r t,:ne: a7 In.ent,c�'es:Con,en�.6u.la�kl..�_ S<r 6 ce P::an l NM1 D.coc 131 0 1 CITYOFATASCADERO ' INITLAL STLIDY Initial Study 2010-0006 Potentially Less Than Less Than Wo Significant Significant with Significant Impact PLN 2010-1374;Bicycle Transportation Plan Impact Mitigation 1011m t Incorporation d)Be located on expansive soil.as defined in Table 18-1-B 17 or the Uniform Building Code(1994),creating substantial risks to life or property? e)Have soils incapable of adequately supporting the use of 171 septic tanks or alternative wastewater disposal systems where sewers are not available for the disposal of wastewater? SOURCES:Atascadero Bicycle Transportation;Land Use Element EIR DISCUSSION: 6.a. Atascadero lies about 30 miles west of the San Andreas Fault zone and 19 miles east of the San Simeon-Hosgri Fault.Small to moderate earthquakes are common in San Luis Obispo County.Blkeway projects will inevitably be placed in areas at risk from earthquakes and ground shaking.Risk from these natural occurrences will not be affected or increased due to bikeway projects,and therefore, there is no impact. 6.b. Loss of topsoil may occur in the creation of new bike paths,particularly along Atascadero Creek and the Salinas River.Construction activities on each particular project site will be required to comply with sedimentation and erosion control measures prescribed by the City Engineer. The impact will be less than significant with mitigation. 6.c.d.e Soil conditions at specific bikeway project sites will be reviewed during building permit review in accordance with the municipal code. Miligation Measure 6.b.I: Grading plans shall be submitted for each proposed bikeway on a project by project basis. These plans shall include erosion control measures to prevent soil,dirt,and debris from entering the storm drain system during and after construction. Separate plans shall be submitted for this purpose and shall be subject to review and approval of the City Engineer at the time of Building Permit application Mitigation Measure 6.b.2: All cut and fill slopes shall be hydro seeded with an appropriate erosion control method (erosion control blanket,hvdro-mulch,or straw mulch appropriately anchored)immediately after completion of earthwork between the months of October 15 through Apnl 15_ All disturbed slopes shall have appropriate erosion control methods in place. Duration of the project: The contractor will be responsible for the clean up of any mud or debns that is tracked onto public streets by construction vehicles. 7.GREENHOUSE GAS EMISSIONS--Would the project: a)Generate greenhouse gas emissions,either directly or indirectly,that may have a significant impact on the environment? b)Conflict with any applicable pian,policy or regulation of an agency adopted for the purpose of reducing the emissions of greenhouse gases? SOURCES:Atascadero Bicycle Transportation Plan:General Plan,Land Use Element EIR DISCUSSION: 7.a.b. The proposed BTP would include minimal sources of greenhouse gas emissions,primarily during construction. However,as a alternative transportation project,the BTP would be beneficial in terms of minimizing greenhouse gas emissions.Increased bicycle ridership should in turn decrease vehicle trips.and contribute to lower green house emissions overtime. S.HAZARDS AND HAZARDOUS MATERIALS--Would the project: tnrta,ie Page 15 C:iDncoi­„ts—see,amu; Local Senna Te .doy Inremet FiestComen:GuClckJDZNSiaE'BaPlan ISMIND : 132 A" IV: CETT OF AF:4SCADER0 4 EVIFL4L STLIDY Initial Study 2010-0006 Potentially Less Than Less Than NO Significant Significant with Significant Impact PLN 20'10-1374,Bicycle Transportation Plan Impact Mitigation Impact Incorporation a)Create a significant hazard to the public or the ❑ environment through the routine transport,use,or disposal g ❑ ❑ of hazardous materials? b1 Create a significant hazard to the public or the ❑ ❑ ❑ F-1environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? c)Emit hazardous emissions or handle hazardous or acutely ❑ ❑ ❑ hazardous materials,substances,or waste within one- , quarter mile of an existing or proposed school? d)Be located on a site which is included on a list of El ❑ Elhazardous materials sites compiled pursuant to Government Code Section 65962.5 and,as a result,wouldit create a significant hazard to the public or the environment? e)For a project located within an airport land use plan area ❑ ❑ ❑ or,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? T)For a project within the vicinity of a private airstrip,would ❑ ❑ ❑ F-7the project result in a safety hazard for people living or working in the project area? g)Impair implementation of or physically interfere with an ❑ ❑ ❑ ❑ adopted emergency response or emergency Y evacuation plan? h)Expose people or structures to a significant risk of loss, ❑ ❑ ❑ injury or death involving wildland fires,including where wildlands are adjacent to urbanized areas or where residences are intermixed with wildlands? SOURCES:Atascadero Bicycle Transportation Plan;General Plan Land Use Element. DISCUSSION 8a.b.c.During the construction of bike trails and lanes,hazardous materials such as gasoline,diesel fuel,asphalt and other petroleum products may be used.Some proposed bikeway projects will be within'/.-mile of a school,but the o would be required to comply with an undue risk to students.Contractors u construction of bikeways does not Rase q �Y applicable federal,state and local regulations for handling hazardous material,reducing this impact to a less than significant level- 8d.There are three properties within the City of Atascadero that are.No bikeway projects are proposed on sites identified as hazardous materials sites;therefore.there is no impact. 8e-f.)There are no airports within Atascadero.nor are there airport land use plans that affect the City. S.g.Bikeway construction may involve temporary closure of traffic lanes,which will need to be approved by the Public Works Department as specific projects are permitted.The impact is less than significant. 8.h.All proposed bike paths are within Fire Department 5 minute or less response area. 9.HYDROLOGY AND WATER QUALITY--Would the project: 70.95716 Page 16 ClDocumenm ane er nps'rssims�lo a 5 ainpST—corary in:emet=6rsComen;.0ua�71t6ZNiZ=iE'.Bike�Plac lo-MIQD.ax 133 axk CITY OF AT9SCADERO ' INITIAL STUDY Initial Study 2010-0006 Potentially Less Than less Than No Significant significant with Significant Impact PLN 2010-1374,Bicycle Transportation Plan Impact Mitigation Impact Incorporation a)Violate any water quality standards or waste discharge ❑ ❑ ❑ ❑ 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 area,including through the alteration of the course of a stream or river,or substantially increase the rate or amount of surface runoff in a manner that would result in flooding on-or off-site? e)Create or contribute runoff water which would exceed the ❑ ❑ El of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? f)Otherwise substantially degrade water quality? ❑ ❑ g)Place housing within a 100-year flood hazard area as El 1:1 ❑ mapped on 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 ❑ 17 ❑ injury or death involving flooding,including flooding as a result of the failure of a levee or dam? j)inundation by selche,tsunami.or mudflow? ❑ ❑ ❑ SOURCES: Atascadero Bicycle Transportation Pian,General Plan DISCUSSION: 9a. The construction of bike paths will not violate water quality standards. 9b. The bikeway projects will not deplete ground water supplies- Water will be provided by Atascadero Mutual Water Company to any future facilities. 9c_d.e.f. Some proposed bike paths would be paved with asphalt,which will minimally increase impervious surface. However,unlike roadways traveled by motor vehicles,the quality of runoff water should not be significantly contaminated, Construction activities associated with new bike paths 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. The impact will be less than significant. 9.g.h.i.j. No housing is proposed. Some bikeways will be located within the'100 year flood hazard area,but personal risk should not be increased. No permanent structures shall be locted within the flood zone. The project area is not subject to innundation by a tsunami. 10;1010 Page 17 Ca�ocurrois Ana eu�a ocal Setvmrt� r�_ in'.emel�I'.es�Conten,.r u�icektM Zlli3:uEYBite Plaa ISNANG.00c 134 t dam`�5 X, i ... C=OFATASCADERO is INITIAL STtIDY Initial Stud 2010-0006 Significant Less Than Leas Than No Significant Significant with Significant Impact PLN 2010-13;4,Bicycle Transportation Plan Impact Mitigation Impact Incorporation Mitigation Measure 9.e.f.1: The developer is responsible for ensuring that all contractors are aware of all storm water quality measures and that such measures are implemented. Failure to comply with the approved construction Best PAanagement Practices will result in the issuance of correction notices,citations,or stop orders_ 1p.LAND USE AND PLANNING-Would the project: t a)Physically divide an established community? E1 ❑ El b)Conflict with any applicable land use plan,policy,or ❑J El 1:1 11/74 regulation of an agency with jurisdiction over the project (including,but not limited to the general plan,specific plan, local coastal program,or zoning ordinance)adopted for the purpose of avoiding or mitigating an environmental effect? c)Conflict with any applicable habitat conservation plan or ❑ ❑ ❑ natural community conservation plan? SOURCES: Atascadero Bicycle Transportation Plan.Land Use Element:Circulation Element DISCUSSION: 10.a. The project will not physically divide an established community. Rather,it will better connect the City as a whole and provide for alternative transportation and recreation potential througtiout the Cry- 1 O.D. iy.10.b.The General Plan identifies key two policies in its Circulation Element calling for implementation of bikeways: CIR 2.1:Provide for a comprehensive system of creekside trails,roadside pathways,equestrian trails,multi-use trails and bikeways to connect neighborhoods,schools.commercial,and recreation areas.in accordance with the Bikeway and Trail Plan. CIR 22:Accommodate bicycles at major destinations including downtown,bus stops,schools.and other public facilities. The BTP fulfills these key policies and is consistent with the Bikeway and Trail Diagram which was adopted in the 2002 General Plan. 10.c.The project is consistent with the open space and conservation policies identified in the General Plan. Biological impacts shall be evaluated on a project by project basis. Bikeways shall be rerouted to avoid sensitive terrain or habitats. 11.MINERAL RESOURCES--Would the project: 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? b)Result in the loss of availability of a locally-important ❑ Elmineral resource recovery site delineated on a local general plan,specific plan or other land use plan? SOURCES: Project description,Planning staff site visit. DISCUSSION: 11.a.b.No mining is proposed as a part of this the BTP.There are no known significant mineral resources in Atascadero. 12.NOISE--Would the project result in: Page 13 C iD. a� SPt £�4,a�b Lg setaaoslTernv4ra a inserxnef filQs�Gan:en•.Ou Iaakht CZ.'i S:?E'6­Pian 16VhFil.ticc 135 CITY OF AT.4SCADEKO INITIAL ST MY Initial Study 2010-0006 Potentially Less Than Less Than rao Significant Significant with Significant Impact PLN 2010-1374,Bicycle Transportation Plan Impact na;tigat,on n»pact Incorporation a)Exposure of persons to or generation of noise levels in 171 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 project vicinity above levels existing without the project? d)A substantial temporary or periodic increase in ambient F noise levels in the project vicinity above levels existing without the project? e)For a project located within an airport land use plan or, where such a pian 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 project expose people living or working in the project area to excessive noise levels? SOURCES:Atascadero Bicycle Transportation Plan;Noise Element,Noise Ordinance,Acoustical Design Manual. DISCUSSION: 12a.b.c.d)Construction is of bikeways is expected to involve some heavy machinery and use of impact tools that make noise.Noise levels at various construction sites are thus expected to be raised temporarily. All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation.The use of the bikeways will incrementalty increase generation of noise;particularly at proposed bikeways adjacent to Atascadero Creek and Salinas River.The impact is less than significant. 12.e-f.) No proposed bikeways are located within an airport land use plan or private airstrip. Mitciation Measure 12_d.1: All construction activities shall comply with the City of Atascadero Noise Ordinance for hours of operation. 13.POPULATION AND HOUSING--Would the project. a)Induce substantial population growth in an area,either El El ❑ directly(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 the construction of replacement housing elsewhere? c)Displace substantial numbers of people,necessitating the construction of replacement housing elsewhere? El z SOURCES: Atascadero Bicycle Transportation Plan,General Plan Land Use Element. DISCUSSION: 13_a.b_c.) The proposed bikeways in the STP will facilitate non-vehicular access to and from existing developed ton]510 Page 1cl ct�000 rmsr sen n�ai fln �sus�rtszl t gs'�xn�racy anternet Fil—Con1enl3ucloakihfOZS^lS PEiBLL Plan ISIa14D_tlx 136 CITY OF ATASCADERO IIVFTIAL STTIDY Initial Study 2010-0006 Potentially Less Than Leas Than No Significant Siganificarnt with Significant Impact PLN 2010-1374,Bicycle Transportation Plan impact Mitigation impact kncorporatiion areas within the City.Implementation of the BTP will neither directly nor indirectly create population growth.No housing or persons will be displaced. 14.PUBLIC SERVICES—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? El ❑ ❑ Police protection? El ❑ Z C Schools? ❑ ❑ ❑ Z Parks? ❑ F] X El Other public facilities? n SOURCES: Atascadero Bicycle Transportation Plan.Land Use Element EIR. u DISCUSSION: New bicycle pathways as proposed by the BTP will incrementally increase the demand for maintenance services as well as patrol by City Police.The impact is less than significant 15.RECREATION— a)Would the project increase the use of existing neighborhood and 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 construction or expansion of recreational facilities that Z F1 might have an adverse physical effect on the environment? SOURCES:Parks and Recreation Element. DISCUSSION: 15.a.b.) Non-motorized access to recreational facilities and parks will increase due to the BTP.Bicyclists are expected to use existing facilities,but the numbers are not expected to result in substantial physical deterioration of Implementation of the Bicycle Transportation an facilities or require construction of additions!recreational facilities. lm y p Y 9 p Plan will have a positive effect on recreational opportunities within Atascadero. 16.TRANSPORTATIONrrRAFFIC--Would the project: a)Conflict with an applicable plan,ordinance or policy establishing measures of effectiveness for the performance El of the circulation system,taking into account all modes of loiterto Page 20 catlugnncnns and setfinpslssimz Lo lSeltngsnTempo y innemet FilzstContmt.Dutlo klAVOZWS29E4Bi7ce Plan ISUNDA- 137 �t J' a1r CIT I'OF AT.ASC1DEIZO mTIrrAr.57TID2' Potentially Less Than Less Than No Initial Study 2010-0006 Significant Significant with Significant Impact PLN 2010-1374,Bicycle Transportation Plan impact Mitigation Impact incorporation transportation including mass transit and non-motonzed travel and relevant components of the circulation system, including but not limited to intersections,streets,highways and freeways,pedestrian and bicycle paths,and mass transit? b)Conflict with an applicable congestion management ❑ ❑ program,including,but not limited to level of service standards and travel demand measures,or other standards established by the county congestion management agency for designated roads or highways? c)Result in a change in air traffic patterns,including either an 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.,sharp curves or dangerous intersections)or incompatible uses(e.g.,farm equipment)? e)Result in inadequate emergency access? r)Conflict with adopted policies,plans,or programs j regarding public transit,bicycle,or pedestrian facilities.or u othennvise decrease the performance or safety of such facilities? SOURCES: Atascadero Bicycle Transportation Plan,Land Use Element;Circulation Element, DISCUSSION: 16a.b.The BTP increases availability of traffic modes and alternative transportation access to the City.Construction of bikeways may temporarily hinder traffic,but the implemented BTP will improve traffic patterns.The plan is consistent will the Circulation Element of the General Plan,and has a less than significant impact. 16.c. The BTP will not affect air traffic patterns There is no impact. 16.d. Bikeway projects proposed by the BTP will be designed and constructed in accordance with all applicable safety standards,Including minimum width,clearance to obstructions,sight distance and lighting.The impact is less than significant. 16.e. The Construction of bikeway projects may temporarily obstruct emergency response,but use of implemented bicycle lanes will not affect and may benefit emergent;response.The impact is less than significant. 1 G.T. The BTP is consistent with the Circulation Element of the General Plan. Implementation of the plan will encourage the use of bicycles and provide long-term beneficial impacts to alternative transportation and Atascadero's circulation as a whole. The proposed bikeways should have an overall positive impact on transportation and circulation by incrementally reducing the dependence of private vehicles. 17.UTILITIES AND SERVICE SYSTEMS--Would the project. a)Exceed wastewater treatment requirements of the applicable Regional Water Quality Control Board? b)Require or result in the construction of new water or wastewater 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 stone water 10'15x10 Page 21 C:7poourtRn[s ant SEGin ssss�ms',Locai Se?:i g nBslTen�rary In:emet Pian IWNDA— 138 t"1: CITY OFATASCAI7£RO INITIAL STtIDY Potentially Less Than Less Than No Initial Study 2010-0006 Significant Significant with Significant Impact PLN 2010-1374,Bicycle Transportation Plan Impact Mitigation Impact Incorporation drainage facilities or expansion of existing facilities,the z construction of which could cause significant environmental El F effects? d)Have sufficient water supplies available to serve the ❑ project from existing entitlements and resources,or are new or expanded entitlements needed? e)Result in a determination by the wastewater treatment provider that serves or may serve the project that it has F1 1 17-7 11 adequate capacity to serve the project's projected demand in addition to the provider's existing commitments? f)Be served by a landfill with sufficient permitted capacity to accommodate the project's solid waste disposal needs? g)Comply with federal,state,and local statutes and regulations related to solid waste? LL�_ SOURCES: Atascadero Bicycle Transportation Pian.Land Use Element EIR DISCUSSION: Water. The Atascadero Llutual Water Company(AraIWC)will provide water to all bikeway projects as necessary. All property within the City limits is entitled to water from the APAVVC. The bikeway projects are not expected to require significant quantities of water. Water is pumped from two portions of the largest underground basin in the county,the Paso Robles Formation,using a series of shallow and deep wells.The water company anticipates that it will be able to meet the city's needs through buildout and beyond: Water demand at buildout under the LUE is estimated at about 8,500 acre-feet per year(AFY).The total available groundwater supply greatly exceeds demand.according to the findings of the Long-Term Viability of Water study. However,the water company does not currently have the deep wells needed to tap into the total amount needed at buildout. The water company is currently deveiooing plans for installing wells where they will be most effective and will not conflict with water rights of others. According to the Water Company,development of additional wells is expected to keep pace with construction in the city,so that water supply will not be Interrupted. storm Water. The impervious surfaces will result from new bike trails and lanes,which will incrementally increase the amount of water entering the City's creek system.The amount of introduced impervious surfaces is not expected to result in the need for modifications to any major drainage facilities The potential impact is less than significant. 18.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,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 F-1 n z limited,but Cumulatively considerable?("CumulabvelV considerable"means that the incremental effects of a 101e10 Page 22 c:, sin se..na ay m!eraet les'Con.ent0u,lw KidQ�4'fc.dE6re R. I_MN:ID.- 139 1u� CITY OFATASCADERO * , IIVIT'IAT.SI'LIDY Initial Stud 20100006 Potentially Less Than Leas Than No Y - Significant Significant with Significant Impact PLN 2010-1374,Bicycle Transportation Plan Impact Mitigation Impact incorporation 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 �l cause substantial adverse effects on human beings,either !J directly or indirectly? d)Does the project have the potential to achieve short-term 171 Elenvironmental goals to the disadvantage of long term Lf2NJ environmental goals? DISCUSSION: The City of Atascadero's Bicycle Transportation Plan is a planning document which provides a blueprint for the development of a comprehensive bicycling system throughout the City. The plan is designed to facilitate safe, comfortable,convenient,and enjoyable bicycle transportation by all cyclists while increasing the use of alternative transportation.The plan proposes both physical projects,such as new bike lanes,striping,and signage,as well as policies to encourage growth of the City's bikeway network.The General Plan Circulation Diagram and the General Plan Circulation Element Goals,Policies,and Programs have been used as guides in the development of the 2010 Bicycle Transportation Plan for consistency in order to ensure consistency with the 2002 adopted General Plan. The plan is consistent with the General Plan and Zoning Ordinance. The proposed plan has been analyzed as required by CEQA and the Atascadero Municipal Code. 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,Multan,&Clark,adopted 2002 CEQA Handbook,Air Quality Control District,August 1995 General Plan Safety Element,City of Atascadero,2002 General Plan Circulation Element,2002 General Plan Noise Element,adopted 2002 Acoustical Design Manual,Brown-Bumm Associates,1991 Noise Ordinance,City of Atascadero,1992 PROJECT SOURCES: Atascadero Draft Bicycle Transportation Plan tonerto Page 23 ci xat,t.Knts and seWng­st Lacai setnngs�Ten=rwy Imemet Files4Lonlent.OuaookV.tOZWS29E1Bike Plan ISAAMO.dx 140 ATTACHMENT 2: Draft Resolution B DRAFT RESOLUTION B RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, ADOPTING THE PROPOSED 2010 BICYCLE TRANSPORTATION PLAN (City of Atascadero) WHEREAS, according to the State of California Streets and Highways code (891.2), each jurisdiction and regional transportation agency is required to adopt a bicycle transportation plan every five years in order to apply for and receive grant funding for bicycle transportation projects through the BTA program; and, WHEREAS, the City Council of the City of Atascadero, Atascadero, CA directed staff to develop a Bicycle Transportation Plan to be implemented Citywide; and, WHEREAS, a committee representing members of the public, City staff, and key stakeholders assisted in development of the proposed City of Atascadero 2010 Bicycle Transportation Plan; and WHEREAS, the proposed City of Atascadero 2010 Bicycle Transportation Plan contains all of the mandatory elements required by the State, including existing and proposed bikeways and bicycle facilities, the projected number of bicycle commuters, list of priority projects, funding strategies, and educational programs; and WHEREAS, public outreach was conducted prior to adoption of the City of Atascadero 2010 Bicycle Transportation Plan; and WHEREAS, an Initial Study and Draft Mitigated Negative Declaration 2010-0006 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, the Parks and Recreation Commission of the City of Atascadero convened n consider the proposed on October 21, 2010 at a properly noticed public meeting to review and c p p City of Atascadero 2010 Bicycle Transportation Plan, 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 23, 2010, studied and considered the proposed Bicycle Transportation Plan, 141 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 resolves to take the following actions: SECTION 1. Findings for Approval of Bicycle Transportation Plan: The City Council finds as follows: 1. The City of Atascadero 2010 Bicycle Transportation Plan is in conformance with the adopted General Plan Goals, Policies, and Programs and the overall intent of the General Plan; and, 2. The City of Atascadero 2010 Bicycle Transportation Plan will not be detrimental to public health, safety and welfare of its citizens. SECTION 2. Approval. The City Council of the City of Atascadero, in a regular session assembled on November 23, 2010, hereby resolves to approve the 2010 Bicycle Transportation Plan as shown in Exhibit A. 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: NOES: ABSENT: ADOPTED: CITY OF ATASCADERO By: Roberta Fonzi, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian Pierik, City Attorney 142 Exhibit A: City of Atascadero 2010 Bicycle Transportation Plan See Following 143 144 TIM', v 11915 t a scadero Bicycle Transportation Plan Draft 10/2100 Pedaling from 2010 to 2025 145 Acknowledgements f4atascadero City Council: Mayor Roberta Fonzi Mayor Pro-Tem Tom O'Malley Council Members Ellen Beraud Jerry Clay Bob Kelley Additional Thanks to: Atascadero Parks and Recreation Commission David Athey, City of Atascadero Brady Cherry, City of Atascadero Callie Taylor, City of Atascadero Luke Knight, City of Atascadero Jennifer Fanning, City of Atascadero Len Colamarino Doug Marks Mike Zappas Geiska Velasquez, SLO Council of Governments Dan Rivoire, San Luis Obispo County Bicycle Coalition Atascadero Bicycle Transportation Plan:September 2010 146 f I Contents 1. Plan Description .................................................................................. 4 Purpose ........................................................................................................ 4 Background .................................................................................................. 4 Advantages .......................................................................................... 6 Recommendations ....................................................................................... 6 2. Infrastructure ...................................................................................... 7 Existing Infrastructure .................................................................................. 7 Proposed Improvements .............................................................................10 ShortTerm ............................................................................................................... 11 LongTerm ................................................................................................................ 11 3. Policies .............................................................................................. 14 NewDevelopment ..................................................................................... 14 Maintenance .............................................................................................. 15 Educationand Safety .................................................................................. 16 PlanUpdates .............................................................................................. 17 4. Plan Development ............................................................................. 17 Outreach .................................................................................................... 17 Relationships to Other Plans .......................................................................18 Atascadero Bicycle Transportation Plan:September 2010 2 147 Appendices Appendix 1: BTA Requirements ...................................................................... 20 Appendix 2: Land Use, Zoning, and Community Destinations ......................... 21 Appendix 3: Funding Sources ......................................................................... 25 Appendix 4: Bicycle and Pedestrian Commuter Estimates .............................. 29 Appendix 5: Bicycle Related Crash Statistics ................................................... 30 Appendix 6: Bicycle Facilities ......................................................................... 31 Appendix 7: Bike Parking Programs ................................................................ 39 Appendix 8: Bicycle Safety Workshops ........................................................... 42 Tables Table 1: Existing Infrastructure and Associated Costs ....................................... 8 Table 1.1: Existing Bicycle Parking and Changing Facilities ................................ 9 Table 2.1 & 2.2: Proposed Infrastructure and Associated Costs ...................... 11 Table 3: Community Destinations .................................................................. 22 Table 4: Means of Transportation to Work ..................................................... 29 Figures Figure 1: Existing and Proposed Facilities ....................................................... 12 Figure 1.1: Facilities with Bicycle Parking and Changing Facilities ................... 13 Figure 2: Community Destinations ................................................................. 21 Figure 3: City of Atascadero Land Use Diagram .............................................. 23 Figure 4: City of Atascadero Zoning Diagram .................................................. 24 Figure 5: Bike Collision Map ........................................................................... 30 Figure 6: Class I Bikeway Specifications .......................................................... 31 Figure 7: Class II Bikeway Specifications ......................................................... 32 Figure 8: Class III Bikeway Specifications ........................................................ 33 Figure 9: Sharrow Symbols ............................................................................. 34 Figure 10: Bike Loop Specifications ................................................................ 35 Figure 11: Examples of Channelization ........................................................... 36 Figure 12: Examples of Channelization ........................................................... 37 Figure 13: Examples of Channelization ........................................................... 38 Figure14: Bike Boxes ..................................................................................... 39 Figure15: Peak Rack ...................................................................................... 39 Figure16: U Rack ........................................................................................... 40 Figure 17: Bike Lockers and Cages .................................................................. 40 Figure 18: Bike Station ................................................................................... 41 Atascadero Bicycle Transportation Plan:September 2010 3 148 i 1. Plan Description This section of the Bicycle Transportation Plan contains the information necessary for decision makers and citizens to understand its scope, intent, and impacts. Those seeking specific detail regarding Plan projects, policies, and development, may refer to sections 2, 3, and 4, respectively. Purpose The purpose of this Plan is to provide a blueprint for the development of a comprehensive bicycling system that facilitates bicycle transportation by community members, from children to seniors, both within the city of Atascadero, and to and from neighboring cities. The Plan also aims at enhancing opportunities for recreational bicycling, with the dual goals of encouraging recreational cycling by residents and making Atascadero an attractive destination for tourists. Adoption of the Bicycle Transportation Plan demonstrates that the City of Atascadero is committed to bicycle transportation and will make the City eligible for various federal, state and regional grants in connection cycling related projects. Beyond that, adoption of this Plan will be an important first step in establishing Atascadero as a Bicycle Friendly Community and obtaining recognition as a place where bicyclists are welcome and safe on the roads. The Bicycle Transportation Plan is not a spending initiative or program of projects. Plan approval does not require the City of Atascadero to develop or fund projects or policies included in the Plan. Background The growing interest in bicycle riding throughouthout the United States is evident almost everywhere. Local and national efforts such as new bike specific development plans, bicycleg infrastructure encouragement activities, Safe Routes to Schools program, and the emergence of powerful regional bike organizations indicate a transition in Americans' attitude towards cycling for transportation and recreation. The City of Atascadero is well aware of this phenomenon and, by this Plan, is continuing the process of positioning itself to participate in it and to take advantage of Atascadero's unique suitability for bicycling. The Bicycle Transportation Plan has been created through the diligent efforts of the Atascadero Parks and Recreation Commission, the San Luis Obispo Council of Governments, the San Luis Obispo County Bicycle Coalition and citizens interested in improving the bicycling environment in Atascadero. Without the sustained efforts of the involved organizations and citizens, this Plan could not have been developed (section 4). Atascadero Bicycle Transportation Plan:September 2010 4 149 Atascadero stands poised to make major gains in increasing bicycle use, thanks to several factors: First, Atascadero already has many attributes of a bicycle-friendly community. These include being a smaller sized community with a mild climate and diverse topography, as well as having a population interested in health, environment, and livable neighborhoods. Also, recreational bicycling in and around Atascadero is already popular, which has significantly increased local bicycle ridership and the population's interest in expanding it further. Second, there is a history of good cycling and bikeway planning in neighboring cities and in San Luis Obispo County. Increasing support from the surrounding community is evidenced by the approval of bicycle master plans on the County level and in the cities of San Luis Obispo, Pismo Beach, , and Paso Robles. Bicycle master plans are also currently in development in every jurisdiction in San Luis Obispo County. As more residents cycle for recreation, more commute by bicycle as well. Consequently, more community members than ever are advocating for improved bicycling conditions throughout the County. In Atascadero, and other communities in the County, residents are expressing a desire for more miles of safe bicycle lanes, bicycle boulevards, marked bike routes and off-street paths, along with more bicycle parking, and improved maintenance of existing facilities—all for the purpose of minimizing dangers for cyclists and encouraging more bicycle riding. Third, there is a political consensus favoring the encouragement of bicycling, which translates in availability of considerable funding opportunities available for bicycle transportation improvements. This is true on the state level, thanks to the 1994 California Bicycle Transportation Act, the establishment of the state Bicycle Transportation Account in 1997, the 2002 Blueprint for Bicycling and Walking, Environmental Enhancement and Mitigation Program (EEM), recent SB 375 legislation, and the 2007 Complete Streets Act. The Complete Streets Act of 2007 (AB 1358) codified policy that all streets be designed to accommodate all users, including motorists, pedestrians, bicyclists, children, seniors, individuals with disabilities, and users of public transportation. When people have more transportation options, the overall capacity of the transportation network increases, and air quality is improved by the reduction of motor vehicles. By encouraging good planning for all modes of travel, roads are safer and more convenient places for users who choose to walk, ride a bike, or take transit. Federal funding opportunities are also available, by reason of the following: • 1990 Clean Air Act, • 1991 Intermodal Surface Transportation Efficiency Act (ISTEA), • 1991 Congestion Mitigation and Air Quality (CMAQ) Improvement Program, Atascadero Bicycle Transportation Plan:Septernber 2010 5 150 • 1993 Federal Highway Administration's (FHWA) Recreational Trails Program (RTP), • 1998 Transportation Equity Act for the 21st Century (TEA21), • 2005 Safe Accountable, Flexible, Efficient Transportation Equity Act: a Legacy for Users (SAFETEA-LU), All of the laws and programs mentioned above call for renewed commitment to bicycle travel. Already, these laws and programs are delivering over a billion dollars in bicycle, trail and pedestrian projects nationwide, and thousands of miles in new bicycle lanes, sidewalks, multi-use trails and other non-motorized enhancements. Eligibility for state and federal active transportation grant programs depends on having an approved Bicycle Transportation Plan. For example: As a result of not having an adopted bike plan, the City of Atascadero had previously been ineligible for any of the $7.2 million allocated annually by the State of California's Bicycle Transportation Account, while neighboring cities with bike plans received funds to provide improvements to their infrastructure. From the Bicycle Transportation Account alone, $64.8 million in funds have been allocated to cities throughout California since 2001. Most street improvement projects funded by SLOCOG either are conditional subject to proposed bicycle and pedestrian improvements or candidate projects are more competitive if they include bicycle and pedestrian improvements. Advantages Growing demand for cycling facilities, maintaining its unique small-town rural character, the importance of promoting energy-efficient, non-polluting forms of transportation and establishing Atascadero as a destination for active, outdoor-oriented tourists are four important reasons for adopting a Bicycle Transportation Plan. Additionally, encouraging bicycling and walking as transportation will help obviate increasing motor vehicle traffic problems in Atascadero. This Bicycle Plan can additionally enhance the enjoyment and quality of life for the residents of Atascadero. Since walking and bicycling are some of the most popular forms of recreational activity in the United States (with 84% walking and 46% of Americans bicycling for pleasure), it can be extrapolated that at least 21,000 residents in Atascadero will occasionally walk, and close to 11,500 will bicycle, purely for pleasure. Last, but certainly not least is the matter of safety. Improving safety for cyclistsclists is the i single most effective way to encourage people to use bicycles for transportation and recreation. Addressing concerns about safety through physical and program improvements is another major advantage of the Atascadero Bicycle Transportation Plan. It has been proven that providing bike lanes also improves road safety, reducing traffic speeds and providing an increase margin of safety for motorists. Atascadero Bicycle Transportation Plan:September 2010 6 151 Recommendations There are two distinct types of recommendations in the Plan: Infrastructure (section 2) and Policies (section 3). Infrastructure improvements such as new bikeways or walkways are broken down between short/mid-term (1 to 5 years) and long-term (5 to 15 years). These projects are designed and packaged to be feasible and competitive for external funding sources. Policy recommendations include safety education programs, tourism marketing and guidelines for maintenance and upgrades. Implementing recommendations from the Plan will help establish Atascadero as a model community for bicycling and walking in the region, State and United States. The public has cited concerns about safety, livability, and traffic congestion of our towns and cities as the primary impetus to implement a Plan. Along with adult commuters and recreational riders, two other groups have been identified as important beneficiaries of the Plan: senior citizens and school children. 2. Infrastructure The intention of a projects section of the plan is to provide an inventory of current bicycle and pedestrian infrastructure throughout Atascadero and propose specific new projects that, when completed, will facilitate active transportation and recreation. All future physical projects included in the Plan are broken into two primary categories: short-term (1 to 5 years) and long-term (5 to 15 years). The majority of physical projects proposed in the Plan will fall into one of three major categories of bicycle infrastructure. Each has its pros and cons, addresses the concerns of different demographics, and will promote biking in a different manner. Additional improvements to bicycle parking are also included in the projects section of the Plan. Class I Bike Path Class I. Variously called a bike path or multi- use trail. Provides for bicycle travel on a NNQ, paved right of way completely separated from any street or highway. �— N+c�+m+.tl 116�T Class II Bike Lam Class IL Referred to as a bike lane. Provides a striped and stenciled lane outside the motor ' / vehicle lanes for one-way bike travel along a street or highway. •p Class Ill Bike Route Class III. Referred to as a bike route. Provides for shared use by bicycles with motor vehicles or pedestrians and is identified only by bike i i route signs along roadways. Atascadero Bicycle Transportation Plan:September 2010 7 152 Existing Infrastructure Atascadero has already shown certain leadership in encouraging healthy active transportation choices. Infrastructure projects such as share-the-road signs, bike lanes, multi-use paths, and sidewalks exist in various locations throughout the City with special attention paid to providing safe routes to schools, destinations, and the downtown area (as indicated in Figure 3). Most projects have been funded through grants from the San Luis Obispo Council of Governments: Transportation Enhancements program, Safe Routes to School program. Completed projects are listed in the table and figure below (Table 1, Figure 1). Table 1 Existing Infrastructure and Associated Costs Table 1 Recently;Completed Projects That Include New Bicycle Facilities' Approx. Segment From To Type of Improvement Length(mi) Year Cost* Along the Salinas north eastern Class I Bikeway&Multi-Use Prior to De Anza Trail River& Railroad Atascadero Trail 3.5 2000 Chalk Mountain Class I Bikeway&Multi-Use Prior to im Green Trail Golf Course Loop Trail 1.3 2000 southern city Santa Barbara Prior to EI Camino Real limit Road Class II Bike Lane Segment 2.0 2000 State Highway Prior to EI Camino Real San Diego Road 41 Class II Bike Lane Segment 2.3 2000 an Jacinto San Anselmo T2000 or to EI Camino Real venue venue Class II Bike Lane Segment 0.3 Olmeda Avenue/Railroad south Prior to Traffic Way Downtown of San Jacinto Class II Bike Lane 1.1 2000 Capistrano Union Pacific Prior to Avenue Railroad Downtown Class II Bike Lane 0.5 2000 Railroad Bridge EI Camino Real North ECR North ECR Constructed New Bridge 0.1 2005 Graves Creek North Bridge North Ferrocarril Ferrocarril Constructed New Bridge 0.1 2005 Santa Barbara EI Camino Real San Diego Road Road New Bike Lanes 0.5 2007 1,100,000 Constructed New Bridge with Lewis Ave Bridge East Mall Capistrano Bike Lanes and signage. 0.1 2007 $4,000,000 dded Class II Bike Lane raffic Way Entrada is Road Striping and Signage 0.5 2007 $600,000 Added Class II Bike Lane Traffic Way Palma North Palma South Striping and Signage 0.1 2007 $1,000,000 EI Camino Real Rosario State Route 41 Added Class II Bike Lane 0.6 2009 $1,000,000 ' dded Class II Bike Lane San Andres Road Navajo Road San Marcos Striping 0.3 2009 $1,000,000 Class II Bike Lane Striping, Santa Rosa Road US 101 Atascadero Widened Shoulder, Signage. 0.3 2010 $ 550,000 Atascadero Bicycle Transportation Plan:September 2010 8 153 Table 1.1 Existing Bicycle Parking and Changing Facilities Table 1.1 Existing Bicycle Parking and Changing Facilities Building/Use Type Location Type of Bicycle Facility Sunken gardens Public Park Bike Racks Zoo Public Facility Bike Racks Traffic Way Street/Intersection Bike Racks Paloma Creek Park Public Park and Sports Fields Bike Racks Pavilion Public Facility Bike Racks Lake Park Public Park Bike Racks Alvord Field Public Sports Fields Bike Racks Atascadero Library Public Facility Bike Racks City Hall Public Facility Bike Racks San Benito Elementary School Bike Racks San Gabriel Elementary Santa Rosa Elementary Monterey Rd Elementary Atascadero Junior High School Bike Racks, Restrooms&Showers, Changing Facilities Atascadero High School School Bike Racks, Restrooms&Showers, Changing Facilities Chalk Mountain Community School School Bike Racks Del Rio Continuation School School Bike Racks Colony Park Community Center Public Facility Bike Racks, Restrooms,Changing Facilities San Luis Park and Ride park and ride lot Bike Lockers (next to the freeway at Curbaril) Santa Barbara Park And Ride. park and ride lot Bike Lockers Rite Aid Retail Shopping Bike Racks Tastee Freeze Restaurant/Fast Food Bike Racks Jack in the Box Carl's Jr. K-man Retail (Bike Shop) Bike Racks Colony Square Movie Theater& Retail/ Bike Racks Restaurant Kennedy Fitness Private Gym Bike Racks, Restrooms&Showers, Changing Facilities Champions Private Gym Bike Racks, Restrooms&Showers, Changing Facilities Atascadero Bicycle Transportation Plan:September 2010 9 154 Proposed Improvements Infrastructure projects that would increase safety and access for transportation and recreational bicycle use are outlined in this subsection. Proposed improvements have been identified through community feedback at public workshops, via email and direct communication. Additional feedback from City Staff has helped identify gaps in current infrastructure and ensure that improvements are aligned with Atascadero community values and development priorities. Short-term, 1 to 5 years (Table 2.1), and Long-term, 5 to 15 years (Table 2.2), timelines break all projects in two major categories of priority. Short-term projects are those of high priority, which could be pursued immediately, and are likely to receive grant funding. Long-term projects are often associated with community expansion, future improvements to bikeway connectivity, and often require greater regional funding coordination. Streets and Highways Code Section 831.2 requires project prioritization for bike projects. All projects have been ranked, but ranking does not strictly dictate the order of construction. Atascadero Bicycle Transportation Plan:September 2010 10 155 Table 2.1, 2.2 Proposed Infrastructure and Associated Costs Table 2.1 Proposed Short-term Improvements and Associated Costs Caltrans Approximate Segment From TO Classification Length(mi) Year Cost State Route 41 Striping and Eastern City $200- Signage* Western City Limits Limits Class II 6.0 1-5 612,000 EI Camino Real Class II Bike Northern City Southern City Lane Gap Closure Projects Limits Limits Class II 1.1 1-5 $2-700,000 Designated Bike Route Beginning of Bike End of Bike $200- Signage/Striping Routes Routes Class 1-III 20 1-5 1,000,000 End of EI Camino Real EI Camino Real City Limits Class 1 .5 1-5 1,000,000 North Safe Routes to School Collectors/Arterials Schools Class I-III 6 1-5 $1,000,000 Projects *Will require Caltrans Approval Table 2.2 Proposed Long-term Improvements and Associated Costs Approx. Segment From a Caltrans Classification Length(mi) ',Year, Cost UP RR/Sycamore Rd. San Gabriel Road Trail generally follows path of creek,but will Atascadero Creek be on public streets where necessary Unclassified Multi-Use 2.7 1-10 5357,000 Stadium Park Combined Class I & Connector Atascadero Creek StadiumPark Unclassified Multi-Use 0.3 1-10 173,000 Atascadero Lake Combined Class I & Atascadero Lake Trail Atascadero Lake (loop) Unclassified Multi-Use 1.0 1-10 $71,400 [Atascadero Road State Route 41 Santa Rosa Road Class II 3.5 1-10 $262,500 Curbaril ROW— (Multi Use non-vehicular Rocky Canyon Bridge over Salinas River) Sycamore Road Class 1 0.2 1-15 1,000,000 Via Road Traffic Way Capistrano Class II 1 1-15 500,000 Pacific Union Railroad Combined Class I & (RWT) San Jacinto Avenue City Limits Unclassified Multi-Use 2.5 1-15 $1,700,000 Pacific Union Railroad Combined Class I & (RWT) De Anza Trail Loop Curbaril Avenue Unclassified Multi-Use 1.1 1-15 $680,000 Safe Routes to School Projects (Continuation of Projects) Collectors/Arterials Schools Class 1-111 6-10 1-15 2,000,000 Cerro Alto Cuesta Ridge Trail State Route 41/ Campground & Connection Eagle Ranch Cuesta Ridge Trail Unclassified Multi-Use 1-15 Atascadero Road Eagle Ranch Trail &Cuesta Ridge To be determined Connection San Rafael Road trail connection through Specific Plan 1-15 Eagle Ranch/101 Eagle Ranch & Highway 101 To be determined Connection Atascadero Road underpass through Specific Plan 1-15 Santa Rita Creek To be determined Bridge EI Camino City Limits through Specific Plan 1-15 Atascadero Bicycle Transportation Plan:September 2010 11 156 �1 ca' m = X -s 5" CD "m N N O. f3 f m m' jf .,3 i tie j m ogee �Mrdilla RU e m ee5 ly i ° d �� /eta /�'o� �� '�2 ✓I sa ��a�,��Q�, � s O a Ile ✓acro / lz cl- �a 2 i v $tid 10 03 /o a m � a < t mm d San"Qiego /���0 n m D r^ % t.._.... r � filen CD f�o fI cD LDD co rL a CD LON Q t � x CITY of ATASCADERO J Bike Routes Map CD � . oo , m ,„ 0 157 c� -n m = a)�x_ —s 9. � CD i� (c) j -ft �. D. Co F. CL �. 0 t 90 o o { yr c o t a � ¢ J cn -D09 _dill Q,yy ,Wr „Rd P� oS� ,,.. n av �' \ o�od o v ° j j CO 4 J ae a -�11! x �i aP¢ � P,.., l o 5 Sari A+e`o Waq 1 n� e9 F T ,. ...� loo W w m -p -n fD O m - - CL N 7 L C n W 3 N N N. a n N CD o n N t CITY of ATAsCADERO ....... ..... � Facilities Map r F,w o Cn 0 F' CD i 158 3. Policies The overall goal of the Bicycle Transportation Plan is to make bicycling a safe and convenient alternative to driving. The policies listed below will ensure that the City continue to: • Increase safety and livability • Reduce bicyclist accidents • Mitigate traffic and parking congestion • Facilitate affordable mobility • Attract tourists • Encourage healthy transportation choices. Specifically, each policy will provide the City with a blueprint to aid in the development of a comprehensive bicycle system that facilitates active transportation by community members, from children to seniors, both within the city of Atascadero, and to and from neighboring cities. New Development Policies P1: The City shall update the Engineering Standard Specification to include bikeway improvement standards for streets and Class I pathways including surface materials, signage and striping. P2 New development projects that construct, reconstruct, or reconfigure existing roadways shall provide bikeways as prioritized and illustrated on the Figure 1, wherever feasible. P3: Whenever new development is adjacent to a school, community center, or commercial center, development should include Class I pathways to the center/school/facility. P4: The City should take full advantage of current regional, State, and Federal bicycle and pedestrian grant funding programs for bikeway projects. P5: The Municipal Code shall be updated to require bike racks for short term and long term bicycle parking for all commercial and multifamily residential uses with a parking ratio consistent with the California Green Building Code. P6: Parking lots, park and ride lots, and transit centers should, when feasible, provide bicycle parking for commuters. The City should work with SLOCOG and RTA to identify funds for bicycle parking. P7: The City shall work with local schools to establish enough bike parking to Atascadero Bicycle Transportation Pian:September 2010 14 159 accommodate at least 10% of the student/staff population. P8: All future annexations shall be consistent with this plan. Review of Bicycle/ Pedestrian opportunities should be considered in City review of annexation areas. P9: The Bike Plan shall be consulted when assembling and updating the Capital Improvement program. P10: The City shall eliminate gaps in bicycle routes and prioritize route continuity. P11: Local bikeway and trail projects should be coordinated with regional projects whenever possible. P12: The City shall seek funding and coordinate with other agencies, such as SLOCOG, San Luis Obispo County and Caltrans, to establish a bicycle route connection from Atascadero to Templeton along the Salinas River. P13: The City should encourage new development to include facilities for changing and storing clothes and equipment to encourage bicycle commuting. P14: Enhance bicycle access and travel within the Downtown with bike lanes, paths and parking facilities. P15: Bike lanes should not end abruptly at property boundaries. New bike lanes should transition to connect to existing improvements and existing bike routes when possible. P16: Bicycle routes and trails on the Eagle Ranch property will be planned and identified in the Specific Plan for the future annexation. Eagle Ranch trails should provide connections to existing and proposed City and County trails, consistent with the Circulation Element and the Bikeway and Trails diagram in the Atascadero General Plan. Maintenance P17: All Class I, li, and III bikeways shall be constructed and maintained according to guidelines described in Appendix 6 including pavement, sign, striping and stencil upkeep, channelization at intersections that have left or right-turn lanes crossing Class II bikeways, bicycle detection systems at signals, bicycle friendly drainage grates and more. P18: The City shall ensure street sweeping maintenance is extended to include bike lanes, such that bike facilities are maintained along with the travel lanes. Bicycle Atascadero Bicycle Transportation Plan:September 2010 15 160 i and pedestrian pathways should be maintained as part of the City row maintenance efforts. - The City should encourage local cycling and service groups to aid in maintenance or bicycle and pedestrian facilities. - An "adopt a trail/lane" program could be implemented to provide recognition for all maintenance related community service efforts. - If necessary, trail maintenance programs administration may be contracted to a local organization or bicycle advocacy group. Education and Safety P19: The City shall install directional signage to assist community members in their effort to find streets with bicycle facilities or identify locations where there is a change in the type of facility (e.g. where a Class I ends at an intersection and a Class II start on the other side, signage shall indicate to user what courses of action are available to them). P20: The City should consider the establishment of a Rack for Plaques program where community members donate funds for the purchase of specific bike parking racks in designated locations in exchange for special recognition on those racks to assist in meeting bike parking requirements. P21: All community events where over 500 attendees are expected should provide bike parking for at least 10% of the expected turnout. - Temporary bike parking can typically be contracted to an outside organization. Ex: Bike Valet services may be hired the San Luis Obispo County Bicycle Coalition (SLOCBC) at a minimal cost to the event organizers. P22: The City shall work with SLO Regional Rideshare to provide Transportation Choices Programs to City employees. P23: The City should encourage safer cycling through Bicycle Education Workshops. The SLOCBC currently teaches a two part series of workshops to teach adults safe bicycle riding, provides one hour lunchtime sessions to businesses, schools and more. The School District shall be encouraged to provide bike and pedestrian safety programs at schools within City limits. The City may participate in bike rodeos or assemblies, organized walk/bike to school day events, and Safe Routes to School Activates. Collaboration with SLO Regional Rideshare, SLOCOG Safe Routes to School, SLOCBC, PTA and other organizations should be conducted to locate additional grant funding and volunteer support. P24: The City should require Bicycle Confidence Workshops (offered by SLOCBC) or another equivalent program, to all people ticketed for bicycling illegally. Atascadero Bicycle Transportation Plan:September 2010 16 161 P25: The City should promote proper cycling to tourists by providing safe cycling information on the Conference and Visitors Bureau website and at the Chamber of Commerce Building downtown. P26: The City may work collaboratively with others to support events and programs (ex: SLO Bike Club, The Wellness Community, USA Cycling, Amgen Tour of California, American Hiking Society National Trail day) promoting biking, walking, bicycle racing, and bicycle tourism in Atascadero. Plan Updates P27: The Bicycle Transportation Plan shall be updated every five years. - A stakeholder group shall be established to assist City staff with the effort of updating Plan content and facilitating public input. P28: Plan update should maximize coordination between local and regional municipalities, community organizations and the general public to include and evaluate all issues of mutual concern. P29: The City Public Works department shall regularly monitor bicycle related accident levels, and seek a significant reduction on a per capita basis over the next twenty years. P30: The Atascadero Bicycle Transportation Plan shall be consistent with regional plans such as the Regional Transportation Plan (2005), and local plans such as County Bikeways Plan prepared by the San Luis County Engineering Department (2005). P31: Eagle Ranch trails and bike routes which are identified in the project Specific Plan should be incorporated into the Bicycle Transportation Plan after Eagle Ranch is annexed into City limits. 4. Plan Development Atascadero's Bicycle Transportation Plan has been developed during spring and summer of 2010 under the guidance of the Atascadero Parks and Recreation Commission, assisted by the Public Works department, Community Development department, and local citizens interested in increasing active transportation opportunities in Atascadero. Outreach Atascadero Bicycle Transportation Plan:September 2010 17 162 A stakeholder group of local citizens have worked to update Atascadero's 2000 Bicycle Transportation plan with the goal of having the improved plan approved by the end of 2010. Special guidance regarding potential political hurdles, cycling encouragement programs, and infrastructure ideas has been provided by the San Luis Obispo County Bicycle Coalition. In May of 2010 the Parks and Recreation Commission, with assistance from the SLO County Bicycle Coalition, conducted a public workshop to better understand current demand for a Bike Plan, discuss its potential benefits, and receive input regarding specific projects and policies Atascadero residents care about most. Over 20 participants were present at the pubic workshop. After the workshop, the stakeholder group began moving forward with updating the content of the plan and integrating ideas for improved bicycle and pedestrian infrastructure. A public hearing conducted on September 28th at a joint meeting of the Atascadero City Council and the Parks and Recreation Commission provided additional opportunities for public feedback before the completion of a Final Draft of the Atascadero Bicycle Transportation Plan. Relationships to Other Pians As an Element of the General Plan, the Bicycle Transportation Plan has the comprehensive scope and jurisdictional authority required to coordinate and guide the provision of all bicycle related programs, projects and facilities affecting the City of Atascadero. While many current planning efforts provide recommendations regarding one element or aspect of the bicycle networks; the task of the Atascadero Bicycle Transportation Plan is to ensure consistency between all of these blueprints, while attending to planning for areas of the City not already targeted by other studies. The studies or planning efforts listed below have been reviewed and consulted, studied for consistency, and where appropriate, folded into Atascadero's Bicycle Transportation Plan: City of Atascadero General Plan (2002) The 2002 update of the General Plan addresses the planning and design of bicycle facilities in Atascadero. It makes specific recommendations meant to improve cycling conditions throughout Atascadero. Recommendations include: (a) a comprehensive network of on and off road bike routes to encourage the use of bikes for commute, recreational and other trips, (b) provide trailheads to improve access to the Salinas River and historic De Anza Trail. San Luis Obispo County Bikeways Plan (2005) Atascadero Bicycle Transportation Plan:September 2010 18 163 The San Luis Obispo County Bikeways Plan provides the blueprint for developing a bikeway system that includes both on and off street facilities as well as support facilities and programs throughout the unincorporated County. The Plan compliments bikeway plans prepared by other jurisdictions by identifying key connections to existing or planned bikeway facilities in these jurisdictions. San Luis Obispo County Regional Transportation Plan (2010) The Regional Transportation Plan (RTP) developed by the San Luis ObispoCouncil of Governments (SLOCOG) outlines the vision for transportation in SLO County through the year 2030. Various goals in the RTP include bicycle and pedestrian improvements and direct communities to: create and maintain a comprehensive interconnected, inter- county bikeway, trail and pedestrian system; pursue plans to develop multi-use and Class I bikeways along appropriate costal frontages, and other major recreational areas using utility, rail, and roadway Rights-of-Way and abandoned railroad right-of-way throughout the region; encourage the development of Class I Bikeways that travel through or connect to scenic areas or other recreation destinations; encourage the development of boardwalks, recreation and multi use trails, which travel through or connect scenic areas or other destinations to promote walking and equestrian travel where appropriate; and encourage new development proposals to include bike racks, lockers, showers, Bike and Ride stops and safe interconnected pedestrian paths San Luis Obispo County Clean Air Plan (2001) The SLO County Air Pollution Control District's Clean Air Plan recommends several methods and options to reduce air pollution associated with vehicle miles traveled such as: Voluntary Commute Options Program, City Transit Improvements, Regional Transit, Bicycling and Bikeway Enhancements, and Park and Ride Lots. Atascadero Bicycle Transportation Plan:September 2010 19 164 Appendices Appendix is BTA requirements To be eligible for Bicycle Transportation Account(BTA)funds, a city or county must prepare and adopt a Bicycle Transportation Plan(BTP)that addresses items A-K in Streets and Highways Code Section 891.2. Below is the list of requirements,along with the page number on which the requirement is met. Requirement and Location A. The estimated number of existing bicycle commuters in the plan area and the estimated increase in the number of bicycle commuters resulting from implementation of the plan (p. 29). B. A map and description of existing and proposed land use and settlement patterns, which shall include, but not be limited to, locations of residential neighborhoods, schools, shopping centers, public buildings, and major employment centers(p.21, 22, 23, 24). C. A map and description of existing and proposed bikeways(p.8,12). D. A map and description of existing and proposed end-of-trip bicycle parking facilities.These shall include, but not be limited to, parking at schools, shopping centers, public buildings, and major employment centers(p.9,13). E. A map and description of existing and proposed bicycle transport and parking facilities for connections with and use of other transportation modes. These shall include, but not be limited to, parking facilities at transit stops, rail and transit terminals, ferry docks and landings, park and ride lots, and provisions for transporting bicyclists and bicycles on transit or rail vehicles or ferry vessels (p. 9,13). F. A map and description of existing and proposed facilities for changing and storing clothes and equipment. These shall include, but not be limited to, lockers, restrooms, and shower facilities near bicycle parking facilities(p.9,13). G. A description of bicycle safety and education programs conducted in the area included within the plan, efforts by the law enforcement agency having primary traffic law enforcement responsibility in the area to enforce provisions of the Vehicle Code pertaining to bicycle operation, and the resulting effect on accidents involving bicyclists(p.30,42). H. A description of the extent of citizen and community involvement in development of the plan, including, but not limited to,letters of support(p.17). I. A description of how the bicycle transportation plan has been coordinated and is consistent with other local or regional transportation, air quality, or energy conservation plans, including, but not limited to, programs that provide incentives for bicycle commuting (p.18). J. A description of the projects proposed in the plan and a listing of their priorities for implementation(p.11). K. A description of past expenditures for bicycle facilities and future financial needs for projects that improve safety and convenience for bicycle commuters in the plan area (p.8, 11). Atascadero Bicycle Transportation Plan:September 2010 20 165 n CD i o p 3 3 CDa `< C - syr s ca a. N p ! •• N f:1 0 to N 90 I IZO f �, Pae • c �s=.. } _ i J o= San Ja �� w IN IF � � S Jo- dmf \ ^q r Bi N Cc m A t7 a�7 � z CITY of ATAsCADERO F � Destinaiton Map F ' s 166 Table 3 List of Community Destinations Destination Project Type Fstatus • San Benito Elementary Schools Complete • Monterey Rd Elementary • San Gabriel Elementary • Santa Rosa Elementary • Chalk Mountain Community School • Del Rio Continuation School • Atascadero Junior High • Atascadero High School • Los Padres National Forest Parks& Recreation Complete • Pine Mountain • Chalk Mtn Golf Course • Heilmann Grove • Atascadero Lake Park • Stadium Park • Paloma Creek Park • Heilmann Grove • Heilmann Regional Park • Colony Park Community Center • Atascadero Library • Vons & Rite Aid Center Grocery Complete • Albertson's Center Drug Store • Food-4-Less Center Retail • Spencer's Center • K-Mart Center • Adobe Plaza R • Downtown etail/Restaurants Complete • Colony Square Retail/ Restaurant Under Construction Movie Theater& Mixed Use Office & Residential • Eagle Ranch Future Hotel, Tourist Planning App. in Progress Mixed Use Development Commercial, Residential • Walmart&The Annex Future Retail Planning App. in Progress • Mission Oaks Retail Complete • West Front Mixed Use Retail/ Restaurant CUP Approved Business Park & Residential • Holiday Inn Hotel Complete • Fairfield Inn Future Hotel CUP Approved • Meridian Office Complex Medical Complete • Moresco Plaza Office Complete • Home Depot Center Retail Phase I constructed • Dove Creek Commercial Future Retail CUP Approved Atascadero Bicycle Transportation Plan:September 2010 22 167 �1 cn pn C CD W c v cn co ° ^� c cl cz- Rd v 9 i i T1 �a C O \ ` lv � 0 i "Jacint r i q�OV t � Hca Sa ID ` (, � � ➢ O A CI —_ CI C O � 2 � � � m A 3 _ a _ El S e•„"a� 3 df _ CITY of ATASCADERO " A ,r t i CD Landuse Map I W., ➢ crnr, 168 - gn co m ° .P c� 3 cn fB� D CL r m { v y 3 o a eS� /off �S; o-' i� A ��oQJe ,FlArdilla •�� �,. 'Q Nd l o �ah'� j' -- � m 4� Via✓ f L Qr9,- / r__-- s �17 kc Q ) a ,1 a 3 x v -�+ CITY of ATASCADERO ° w q C> Zoning Map t�, LP m w 169 Appendix 3: Funding Sources Federal Transportation Enhancement Activities(TE) • Interregional Transportation Improvement Program(ITIP-TE) •Regional Improvement Program(STIP-TE) Transportation Enhancement (TE) activities are federally funded community-based projects to expand travel choices and enhance transportation experiences by improving cultural, historic, aesthetic and environmental aspects of transportation infrastructure. The Transportation Enhancements program was created in 1991 by Congress to offset negative effects of highway construction projects fragmenting communities and eliminating open space. SAFETEA-LU significantly increased funds dedicated to the program through 2oo9.An increase is assumed with next transportation bill. The program is managed by state transportation agencies and programmed by SLOCOG. States must set aside ten percent of its Surface Transportation Program funds for use on TE activities. SLOCOG typically programs 5%-10%of its regular STIP shares for transportation enhancement projects as well.TE projects are considered federal-aid reimbursement activities, meaning sponsors receive funding after expenditures have been made. In most cases, the federal government pays 8o%of the project cost, and the project sponsor is responsible for the remaining 20%. Current regulations permit other federal funds and in-kind contributions as match. The TE funding program is directed to community-based activities, such as bicycle facilities, historic preservation, land acquisition, environmental mitigation, corridor enhancements, and scenic protection.This revenue stream is allocated to the region on a formula basis. Project Eligibility: Federal Transportation Enhancement funds are for transportation related capital improvement projects enhancing quality-of-life, in or around transportation facilities. Projects must exceed normal transportation projects and required mitigation, and the project must be directly related to surface transportation systems. The projects should have a quality-of-life benefit with the greatest benefit to the greatest number of people.Projects must be within the following twelve categories: 1. Provision of facilities for pedestrians and bicycles i. Provision of safety and educational activities for pedestrians and bicyclists 3. Acquisition of scenic easements and scenic/historic sites 4 Scenic or historic highway programs(including tourist and welcome centers) S. Landscaping and other scenic beautification 6. Historic preservation 7. Rehab of historic transportation facilities(including historic railroad facilities) 8. Preservation of abandoned railway corridor(including conversion/use for ped/bike trails) 9. Control and removal of outdoor advertising 10. Archaeological planning and research 11. Environmental mitigation to address water pollution due to highway runoff and reduce vehicle- caused wildlife mortality while maintaining habitat connectivity 12. Establishment of transportation museums The federal criteria have been used exclusively since the California Transportation Commission (CTC) abolished the State Transportation Enhancement Activities(TEA) Program in 2002. For the State's share, districts are encouraged to add enhancements to regular transportation projects rather than create stand-alone transportation enhancement projects.Administered through SLOCOG, competitive funding is programmed during biennial STIP Programming. Atascadero Bicycle Transportation Plan:September 2010 25 170 Safe Routes to School Program(SRTS) The Safe Routes to School Program(SRTS)is to increase the number of children in grades K-8 walking or biking to school by removing the barriers that currently prevent them from doing so. Barriers include lack of infrastructure or inadequate infrastructure that poses a safety hazard, or lack of outreach programs that promote walking/bicycling through education and encouragement for children, parents, and the community. Project Eligibility: Eligible projects fall under the category of infrastructure (capital improvements), or non-infrastructure (education, encouragement, enforcement). Infrastructure projects must be located within a two-mile radius of a grade school or middle school. Eligible applicants include state, local and regional agencies. Non-profit organizations, federally recognized Native American Tribes, school districts, hospitals and public health departments can partner with state, local and regional agencies as their responsible applicants. Administered through Caltrans Local Assistance Competitive Federal funding cycle complete. Future funding cycle structure unknown. Additional information found at: rittp://www.dot.ca.gov/rtq/l.-ocalPrograiiis/saf(=routez/saferoutcs.i1)tri-i Highway Safety Improvement Program(HSIP) This new Highway Safety Improvement Program (HSIP), under SAFETEA-LU, replaces the Hazard Elimination Safety Program (HES). The new program provides a transition period that allows States to fund projects that were eligible under the old HES Program until such time that an annual 5 Percent Report,describing no less than 5 percent of public roadway locations with the most severe safety needs, and a Strategic Highway Safety Plan (SHSP) have been developed and implemented by the State. The intent of HSIP is to significantly reduce public roadway fatalities and serious injuries. The emphasis will be at locations that are data and strategically driven. Project Eligibility: For a project to be eligible for HSIP funds, the project must be on any public road, publicly owned bicycle, pedestrian pathway, or trail. Projects must identify a specific safety problem that can be corrected or be improved substantially.Administered through Caltrans Local Assistance. See http://ww,r•✓.dot.ca.gov/hal/!ocalProgi-anis/hsip.litm Recreational Trails The Recreational Trails Program (RTP) provides funds annually for recreational trails and trails-related projects. The Federal Highway Administration (FHWA) and the California Department of Parks and Recreation (DPR) administer the RTP. The Department's Office of Grants and Local Services administer non-motorized projects and the Department's Office of Highway Motor Vehicle Recreation Division administers motorized projects.See http://vuww.parl<s.ca.govjdefault.asp?page_id-zr;.az.�, State State Transportation Improvement Program(STIP) These funds are not historically used for bicycle specific improvements, except in the case of STIP TE— regional & local projects only (see Fed TE information above) STIP funding is used for major highway and regionally significant projects that can include bicycle improvements. Interregional Transportation Improvement Program(ITIP) These funds are not historically used for bicycle specific improvements, except in the case of ITIP-TE projects. These funds are for Transportation Enhancements of Statewide significance such as the De Anza Trail, Atascadero-Templeton Connector,etc. Transportation Development Act(TDA) Approved by the Legislature in 2.972.,the Mills-Alquist-Deddeh Act or SB 325 created the Transportation Atascadero Bicycle Transportation Plan:September 2010 26 171 i, Development Act (TDA). This law provides funding for transit and non-transit purposes complying with Regional Transportation Plans. TDA established the Local Transportation Fund (LTF), and the State i ransit Assistance(STA) Fund. Providing public need as are satisfied the LTF can be used for local streets and roads, construction and maintenance.The STA funding can only be used for transportation planning and mass transportation purposes. Project Eligibility: TDA funds a wide variety of transportation programs, including planning and program activities, pedestrian and bicycle facilities, community transit services, public transportation, and bus and rail projects. State Gas Tax Subventions Also known as Highway User Tax Act (HUTA) subventions, Counties currently receive 3.23-cents of the 18-cents gas tax, equal to approximately $500 million annually.These funds are used at the jurisdictions' discretion for transportation projects, including bike facilities. Current state budget deliberations include proposals that deferthe local share of Highway User Tax Act(HUTA, also known as Gas Tax) in FY 2009- 10 and FY 2010-11. Bicycle Transportation Account(formerly BLA) The Bicycle Transportation Account Program(BTA)provides State funds for city and county projects that improve safety and convenience for bicycle commuters. The Bicycle Facilities Unit (BFU) in the Division of Local Assistance and the District Local Assistance Engineers(DLAE)administer the BTA Program. Program Eligibility: Cities and counties are eligible to apply for BTA funds.To be eligible for BTA funds, a city or county must prepare and adopt a Bicycle Transportation Plan that complies with Streets and Highways Code Section 891.2 and has been approved by the appropriate Regional Transportation Planning Agency and Caltrans. Project Categories BTA projects may include but are not limited to, the following: • New bikeways serving major transportation corridors • New bikeways removing travel barriers to potential bicycle commuting • Secure bicycle parking at employment centers, park-and-ride lots, rail and transit terminals, and ferry docks and landings •Bicycle-carrying facilities on public transit vehicles • Installation of traffic control devices to improve the safety and efficiency of bicycle travel • Elimination of hazardous conditions on existing bikeways • Planning • Improvement and maintenance of bikeways competitive funding cycle announced in October. Additional information found at: http:/Iwww.dot,ca.gov/hq/Lor-aiprograrrslbla/btav�,,ebPagc,.ht;r Environmental Enhancement and Mitigation Program(EEM) The Environmental Enhancement and Mitigation program was established by the Legislature in 1989. It offers a total of$10 million each year for grants to local,state, and federal governmental agencies and to nonprofit organizations for projects to mitigate the environmental impacts caused by new or modified state transportation facilities. Eligible projects must be directly or indirectly related to the environmental impact of the modification of an existing transportation facility or construction of a new transportation facility. Projects funded under this program must provide environmental enhancement and mitigation over and above what is otherwise called for under the California Environmental Quality Act(CEQA). In funding the program, an attempt is made to A-31 maintains a 40/6o North/South split between California's 45 northern and 13 southern counties. Caltrans administers the approved grant agreements,and grants are awarded in three categories: •Highway Landscape and Urban Forestry--Projects designed improve air quality through the planting of trees and other suitable plants. Atascadero Bicycle Transportation Plan:September 2010 27 172 • Resource Lands -- Projects for the acquisition, restoration, or enhancement of watersheds, wildlife habitat,wetlands,forests,or other natural areas. • Roadside Recreational -- Projects for the acquisition and/or development of roadside recreational opportunities. Additional information at:http://resources.ca.gov/eem/ Petroleum Violation Escrow Account Grant opportunities from this fund are available through the Bicycle Facilities Unit (BFU) of Caltrans in the form of BTA grants. Office of Traffic Safety Grants(OTS) Competitive Grants issued by the Office of Traffic Safety on a regional/local level. Search for Local grant information on the website at: http://www.ats.ca.gov/Grants/default.asp Safe Routes to School Proaram(SR2S) Assembly Bill (AB) 1475 (Soto—1999) called for Caltrans to establish and administer a program to fund bicycle and pedestrian infrastructure improvements for children in grades K-12 using federal transportation funds. Senate Bill (SB) 10 was later enacted to extend the sunset date of the program from January 1, 2002 to January 1, 2005. Subsequently SB1o87 was signed by Governor Schwarzenegger to extend the program for three more years. In 2007, AB 57 was enacted which eliminated dedicated funding and required that funds compete against other safety programs in the annual State Budget process. Project Eligibility: To be eligible for SR2S funds, the project must be located on any state highway or on any local road. Projects must correct an identified safety hazard or problem on a route that students use for trips to and from school. Up to 10 percent of the project's cost can fund a non- infrastructure component that supports the infrastructure project. Only cities and counties are eligible to compete for funds. Competitive funding cycle completed. Status of next funding cycle is unknown. Additional information at: 1'rttp://WWW.dot.ca,gov/hq/Loca!PrograrYrs/saferoutes/saferoutes,htrr2 local/Regional Traffic Mitigation/impact Fees These one-time fees may be imposed on new developments to pay for fair-share improvements and facilities required to serve it or otherwise reduce the impacts of new developments in a community on a regional level.While a number of jurisdictions actively collect local impact fees, to date, regional traffic impact fees have not been pursued within the San Luis Obispo region. General Funds Jurisdictions can use General funds for bikeway improvements as outlined in their Capital Improvement Program. Sales Tax increase Local Option Sales tax: This can be used to improve bikeways, this is up to the Jurisdiction to decide to do, promote, and prioritize funds from. San Luis Obispo, Pismo Beach, Grover Beach, and Morro Bay passed Local Option Sales tax measures in 20o6. Regional Option Sales tax: Throughout California, more and more regions have turned to a more stable funding, locally-derived, source for transportation projects. Nineteen counties (representing 85% of the population)have passed voter measures to increase the local sales tax, most typically, by o.5%. In 07/o8, over $4.513 was generated for transportation purposes in these regions. Currently, these measures require a 2/3rd majority vote and the funding may only be used for projects and programs in the approved Expenditure Plan.A similar measure in the San Luis Obispo region would generate$20M-$25M Atascadero Bicycle Transporta-Lion Plan:September 2010 28 173 per year. While many of the remaining counties continue to actively and aggressively pursue a regional option sales tax,the San Luis Obispo region has not yet made any progress. The 2o2.o RTP recommends moving forward with investigating supplemental funding. Fuel Tax Increase A Fuel Tax increase can be implemented at a regional level and provide local funding opportunities. Washoe County in Nevada recently approved a 2-3 Cent fuel tax increase to be implemented in January 2009. California Clean Air Act(CCAA)-Implementation Funds(AB2766) The San Luis Obispo County Air Pollution Control District(APCD)has implemented a vehicle registration surcharge to fund various programs necessary to implement the provisions of the California Clean Air Act of 1988.These funds may be used for the funding of transportation projects and planning activities with air quality benefits, such as travel demand management, transit, and land use planning. The San Luis Obispo County APCD directs the use of those funds according to its adopted Clean Air Plan. Appendix 4: Bicycle and Pedestrian Commuter Estimates The number of cyclists and pedestrians commuting to work in Atascadero as cited in this plan are based on US Census Data from 1990(Summary Tape File 3:STF3)and 2000(Summary File 3:SF3). Due to the unavailability of more detailed information the City of Atascadero plans to coordinate with local government and non-profit organizations to aid with additional research regarding local transportation choices. A report regarding transportation choices and barriers to cycling and walking will be utilized in the update of the Bicycle Transportation Plan in 2015. Table 4 Means of Transportation to Work for Workers 16 years and older: Each number indicates the total number of people using each form of transportation. Year Total Commuters Car, Truck, Van Bicycle Walk 1990 11411 10415 91.3% 100 o.g% 240 2.1% 2000 12056 ii2.6g 1 92.6% 62 0.5% 175 1.5% Change in Bicycling and Walking from 1990 to 2000: Years Total Commuters Car, Truck, Van Bicycle Walk 1990-2000 +645 1 +5.6% +754 +1.3% -38 -o.3% -65 0.6% Atascadero Bicycle Transportation Plan:September 2010 29 174 D m -1 x• o (D cn „o n.W N K 11 :. n y C1 II i dili 00. o a 4 Sd o\ "loci ( eo 1 �N a M.. va � @ Sann 9.9'W \\ it k i 0o CD N J ° ii 0 0 < j o o r " m 0 N G � CITY of ATAsCADERO � Mw P m Bike Collisions i o� 2007-2009 o N B CHP Bicycle Involved Collision Report 175 Appendix 6: Bicycle Facilities Definitions of Class Types The following class types are consistent with Highway Design Manual specifications: Class I: Bikeways that provide a completely separated right-of-way designated for the exclusive use of bicycles and pedestrians with cross-flows by motorists minimized. Requirements are 8 feet wide with a minimum 2 feet graded on each side making a minimum of 12-foot wide area.See Figure 7 below. Fipure 6 Class I Bikeway Specification R { - f - I ?'(Min 2', 8 ( 9ih�. Min: ,a C tnrfe'ii ; ,. _ Vsi3 i91 PavedGfad€'C1 Note: For sign clearances,see MUTCD,Figure 98-1, Class II: Bikeways that provide a restricted right-of-way designed for the exclusive or semi-exclusive use of bicycles with through travel by motor vehicles or pedestrians prohibited but with vehicle parking and cross-flows of pedestrians and motorists permitted. These are lanes striped for bicycles on streets or highways and are intended for one-way bicycle travel. Lanes provide an indication to motorists of possibility of cyclists and definition for cyclists of where to ride. These lanes provide continuity between other bicycle infrastructures.The HDM requires a minimum of 5 feet where parking stalls are marked. On a street with no gutter the bike lane should be at least 4 feet and 5 feet with a 2-foot gutter per HDM.See Figure 8 below. Atascadero Bicycle Transportation Plan:September 2010 31 176 Figure 7 Class 11 Bikeway Specifications Motor Vehicle Lanes Mill, Parkikig BY+Fike Parking Lane Lane (1)MARKED PARKING vert cal Curb Rnik"I Curb P. 13'is recommended where there is substantial Darking or turnover of parked cars is h gh(e.g-cornriei ical areas). (2)PARKING PERMITTED WITHOUT MARKED PARKING OR STALL hlator Vchloe Lanes Bike Lan- Lane with; (3)PARKING PROHIBITED iwithout Cutterfuttee� Motor Vehicle Lanes Bike Lane (4)TYPICAL ROADWAY IN OUTLYING AREAS PARKING RESTRICTED Note: or pavement mat king guidance,see the IOUTCD and-'alifoinia Suoolement.Sectior,9C.04 Atascadero Bicycle Transportation Plan:September 2010 32 177 Class III: Bikeways that provide a right-of-way designated by bike route signs along roadways and are shared with pedestrians or motorists.These are usually preferred routes due to advantages over other routes such as high traffic or poor road surface. Sidewalks are not recommended for Class III bikeways. Signage options shown in Fit7ure 9 include: Figure 8 Class III Bikeway Signage Specifications !FEiWR�s@fLT�[2UCi Aclven 1,a;amcd<d fcr nsemi:ahf miaj - � �•. Figure 99-9. Warnina Signs for RiOVele FaciliYics'Sheet 2 ut Z L SHARE THE ROAD F qura 9B-2(GAA.Calffomia Roqulat>n;y°Stgns for Eih;yclo Far7lMos CSP) BICYCLES 9 KE PVA MOT9R-DRIVEN Okla NO BICYCLES CYCLES Forex PUSHBUTTON nenlMUST OR MUST FOR ;GREEN LIGHT MOIORIZEG ' 611;Y41E:S � EXIT - EXIT j 4- 1,44P,,iCA.) R`4E;(UA) R-C;CA,i ke-C,:;t''.', JBEGINJEND I BIKE LANE , Bicycle Boulevard: A roadway shared with automobiles and bicycles similar to Class III although through traffic preference is given to bicyclists. Example might be pilings at cross streets that allow bicycle traffic to flow while automobile traffic is diverted. Sharrows: As noted in Figure io,a sharrow represents a roadway shared with automobiles where there is insufficient width for a striped bike lane. SHARROWS, also known as shared lane markings, are on-street legends that reinforce the existing rules of the road. They are not separate bike lanes,- a motorist can still drive over the sharrows. Motorists should expect to see and share the lane with bicyclists. Sharrows indicate to bicyclists the best place to ride in the lane sharrows are typically used in locations where the roadway width is not adequate to provide dedicated bike facilities or on downhill lanes where bicyclists might travel similar speed as motor vehicles. Atascadero Bicycle Transportation Plan:September 2010 33 178 Figure Sharrow Symbols I h. 3 h _ 1 t r } ih_ i.G L"il Vl lnl i7 v' : ci F3 e " L LIi[f4 � 4 ! 1 I 1 .a I t .. 3 - y .t j _i 3 _ e= k � 1. if n3 I er . l 9y F- Bike Loop Detector: A Bike Detector tells the signal when a motor vehicle or bicycle is waiting forthe light to turn green. Bike- specific pavement markings indicate where to position the front wheel in orderto change the signal. Atascadero Bicycle Transportation Plan:September 2010 34 179 Figure lo Bike loop specifications 50 rrfll (10 in) 5D mm (2 inn I i Mm R;O in) G j „ ., ... N. 75 rnm (3 in) I 3 ! i e } ! 500 MM 1.65 M.. 3 wnm 75 m (I in! 500 m ( 0 in) 1 i i i I 25 mm I in) Grid Channelization: Involves how the bicycle is routed through an intersection. Because California Vehicle Code considers bicycles "vehicles"the safest way for a bicyclist to behave in traffic is similarly to a vehicle. Because of this, markings on the road, as shown in Figures 11-13 direct bicyclists into the proper lane position best for creating visibility and safety for traffic. Atascadero Bicycle Transportation Plan:September 2010 35 180 Figures_s,9.2,13 Examples of Channelization Pod.Cwrc�ssinq t-'ed,CrcisWinq LANG LANE_ ;l, .TYpie�ll��tt� ... q -�— —� rnrt. - Of th6'C)titjh )Y11B1. bicyclist. P1N L. �AN1:. r (1') RIGHT-TURN-ONLY LANE (2) PARKING AREA BECOMES RIGHT-TURN-01\1I._Y LANE Fr:.r9.Crn�sinri Pe ci.Cr���>Er�ct At AN't , IKt T_yga<aal tIattl of t ypir al patty nP Mrough bicyclist, ,--'--though bicyclist. It I.APetri I-AW, I . �, - I NIKE t31KEr ( )3 OPTIONAL..DOUBLE (4) RIGI IT LANE BECOMES RIGHT-TURN-ONLY LANE RIGHT-TURN-ONLY LANE Note: For bicvcle lane markincls, ;gee the MUTCD and California Suncleinent, Section 9C.04. Atascadero Bicycle Transportation Plan:September 2010 36 181 �Alsr ",kl� @w_w x sWZI,j, MW \ \ AW al -. AP my a, _ v. N �t / su Z, �. s a \ a 1 7 NO 3\ 3 y \ ' IN v� mww k .._span 15 In X 1 z R,4 01 riip, A/, \ -Oar L ill aW, a \ x MIR ..,ax. :r .......,,tea..... .... '.. .: Atascadero Bicycle Transportation Plan:September 2010 37 182 r ` a \ � \ � zm�t t 'va � � � � � �' # _�•� nt MaY / v �, aa',�` r 3 R.,3 ,30 ' qgg Rggv 'M, "I E,� R� RM bz 4,r, Fg, sg, g, gz gz '71 2 A W, Al NO v i F Si$ ks SSP i`4 �\z d 3 � \ ` Y \\ fir/ y � �k � h FN - I&, Atascadero Bicycle Transportation Plan:September 2010 38 183 Bike Boxes A bike box is another way to provide safety for cyclists at intersections. It provides bicyclists with additional space at the front of cars queued up at an intersection. Figure:L4 Bike Box Bike � fl�R i Ii Oak 1 i RN 11p, Appendix 7: Bike Parking Programs Short Term Bike Parking: Short-term parking includes racks on sidewalks, in parking lots, and at special events. Below are examples of racks.A"racks with plaques"program can be used to increase public bike parking at minimal cost to the City. Figure 15 Peak Rack W Atascadero Bicycle Transportation Plan:September 2010 39 184 Fi up re.16 U-rack(This rack type is NOT recommended) Long Term Bike Parking: Long-term parking includes bike lockers(on public or private property) and bike cages(private property only, such as work sites). Other long-term bike amenities include showers, changing rooms, and/or indoor bike parking.These services can be provided by an employer or can be a private enterprise such as Bike Station, a company that provides services and parking for a fee. See examples of long term parking below in diagram/photo 5-12. Figure 1 Bike Lockers& Cages � e 1*u�wetWnn4yiasw` p� t s Atascadero Bicycle Transportation Plan:September 2010 40 185 Figure 18 I kej atio "' 9.8.2010 w►i ARKS 301KNOW ti MEASBERS ` �^ F+RiD7TS ASOUT US ii"L1tiT2 c � Bti(� bN Bikestation its working to give people clean options. t Bikestation pians,designs,and operates bike tran.sYt cents[ y " enabling bicycling and other alternatives to be an integral part of the transportation.syste€n. Our facilities offer secure bicycle ${ 1{14 parking and related services to rnake cyclists'lives easier.Park $iEtesttati�eta y your,bike at one of our facilities and you can be assured that Hillsboro BYE}€id your vehicle is secure and covered. if you are a potentia! 6etnbetship'Pri?!1'9a Bikestation project developer,please click hate. ..-_Limited Time Whether you ride your bske.to public transportation,to work o° offer You simply need a safe place to store your bike for the day, 8/31{ifl Bikestation is available to serve you.It's simple,convenient Lana affordable. Mabis to open bike r r parking hub In Many Bikestations offer free parking during their hours of Hillsboro "ioperation,and paid memberships for 24-hour access to secure parking, To find more information on what.method of parking is 8/31/14 mom convenient for you,check the pageof your local '. =;Bikestation for their daily hour's of operation. mo bis C. Trai'nsgQrtadtion to In addition,each Sikestation location provides unique services URbn Bik enter and amenities; but most Bikestations provide: Hillsboro Bike Transit tenter, • Shared-use b€cycle rentals; Representirt HERt Step in A#teroptiRe • Access to public transportation; Trhuts 5iMation • Convenient operating hours; 8/21/14 • Friendly and hateful staff; 81kestetion.,Trailblazers for • Inrormation to plan your commute trips. G'o'd Some Bikestation locatsorns offer bicycle repairs,bicycle and BJSfiJ14 commute sales&accessories,rental bikes for local and tourist R€ksafai6n�m Bike Valet Parking The Bike Valet is a volunteer run bike parking service provided by the SLO County Bicycle Coalition aimed at making it easier for people to pedal to community events, it works just like a coat check. Upon arrival, each rider is given a claim check tag matching the number allocated to their bike. Their bike is carefully parked in the secure lot for the duration of the event. When they wish to retrieve their bike they simply hand our volunteers their claim check tag and the bike is returned with ease. With over '15,000 bikes parked the Coalition's volunteers are experts at protecting your bikes. If you forget to pick it up we will lock it to a bike rack, sign feature, or in our storage space with a standard bicycle cable lock and may be subject to a storage fee. Atascadero Bicycle Transportation Plan:September 2010 41 186 Appendix 8: Bicycle Safety Workshops The SLO County Bicycle Coalition has a variety of workshops designed to meet the needs of all types of community members. STREET SKILLS WORKSHOP In this workshop you will learn how to take on the road with confidence. Learn simple yet innovative techniques to ride safely, get noticed, and gain the respect of motorists. Find out the typical scenarios that usually lead to a crash and how to avoid them. Learn about your legal rights on a bike. We'll then take it on the road where you'll get to put your new techniques to immediate use, such as how to negotiate an intersection and how to take charge around all of those cars. We guarantee that after you leave this workshop you'll feel more empowered about taking on traffic. Workshop duration: 4.5 hours RIDE RIGHT WORKSHOP Get more in-depth training on bicycling in traffic. Learn how a simple thing like lane positioning can make a big difference in how you are treated in auto traffic. Beyond that, we'll show you basic road mechanics like how to change a flat,adjust your brakes,and even adjust your gears.Workshop duration: 5 hours BROWN BAG SEMINAR Interested in having a presentation on bicycling at your place of business, club, or community group?Our one-hour seminar is a great way to introduce bicycling to your friends or colleagues. I Atascadero Bicycle Transportation Plan:September 2010 42 187 188 ITEM NUMBER: B -2 DATE: 11/23/10 `17,ir 717 I t isle' r r ;;m r < C"' +o "� Atascadero City Council Staff Report — Community Development Department Adoption of New 2010 California Building Codes; Modifications to Atascadero Municipal Code: Title 8 Building Regulations 2010 California Building Code 2010 California Residential Code (new this code cycle) 2010 California Mechanical Code 2010 California Electrical Code 2010 California Plumbing Code 2010 California Green Building Code (new this code cycle) 2010 California Historic Building Code 2010 California Existing Building Code 2009 International Property Maintenance Code Adoption of the New 2010 California Fire Code; Modifications to the Atascadero Municipal Code: Title 4 Fire Regulations 2010 California Fire Code 2009 International Wildland Interface Code RECOMMENDATION: Council introduce for first reading by title only, Draft Ordinance A adopting the mandated California Building Codes, the International Property Maintenance Code, the California Fire Code, and the International Wildland Interface Code with proposed local amendments contained in Title 8 and Title 4 of the Atascadero Municipal Code. 189 REPORT-IN-BRIEF: The 2010 California Building and Fire Codes were adopted by the State of California on July 1 , 2010, and will become effective throughout the State on January 1, 2011. All permit applications for construction projects received on or after January 1, 2011 will be subject to the new code requirements. Local jurisdictions may make modifications to the new State Codes if justified by climatic, topographic or geological conditions, and provided the modifications are at least as restrictive as the State mandated Codes. DISCUSSION: State Building and Fire Codes are updated on a 3-year cycle. The current City codes are the 2007 edition, and have been in effect since January 1, 2008. The 2010 California Codes will become effective throughout the State on January 1, 2011. Permit applications submitted on or before December 31, 2010 will be processed under the current code requirements. Permit applications submitted on or after January 1, 2011 will be processed under the new 2010 CBC requirements. Two new codes are adopted by the State this code cycle, the California Residential Building Code, which provides standards for one and two family residential projects, and the California Green Building Standards Code, which regulates interior and exterior environmental features as they relate to new construction projects. The typical building code adoption process is as follows: • The State adopts the new building codes on July 1, 2010, to become effective in six months. • Local jurisdictions use six months period to review the new codes and make local amendments. • Local amendments must be based on geologic, topographic or climatic conditions, and must be at least as restrictive and the State Code. • State Codes become effective on January 1, 2011. • Local amendments become effective 30 days after 2nd reading. Key points of interest this code cycle include: • New graywater system standards • Green Building Standards • Fire Safety and Wildland Urban Interface (WUI) • Residential Code for single family residential. • Unreinforced Masonry Buildings 190 Graywater Systems Graywater systems were approved in the State as an emergency regulation update in August of 2009. The emergency regulation was in response to the ongoing concern for a sufficient supply of potable water throughout the State, and allowed the installation of single-fixture and clothes washer systems without construction permits. These systems were relatively easy to install, and required little or no modification to the existing plumbing system. In the new California Plumbing Code, the exception has been revised to eliminate the single-fixture system. The only graywater system that will be exempt from a permit will be the clothes washer system. CalGreen Code The 2010 California Green Building Standards Code, commonly referred to as the CALGreen Code, is the first statewide green building code in the Country. This code was first introduced on August 1, 2009 on a voluntary basis. It becomes a mandatory code on January 1, 2011. Many of the provisions of the CALGreen Code have been enforced in Atascadero, such as our local recycling ordinance and our cooperative work with the Local Regional Water Quality Control Board. The CALGreen code will have mandatory requirements, and contain Tier 1 and Tier 2 voluntary compliance measures for projects that wish to exceed minimum environmental standards. It is assumed that many of the Tier 1 and Tier 2 voluntary requirements will become mandatory in the next code cycle. Fire Safety Fire Safety code requirements will include fire sprinkler systems in single-family residences throughout the State. The City of Atascadero has required fire sprinkler systems in single-family residences since October of 2004, so this new Statewide requirement will not impact Atascadero. Wildland Urban Interface (WUI) has been a concern in Atascadero for many years. The City first adopted the International Wildland Urban Interface code in 2004. That code prescribed Ignition Resistant Construction requirements in specified Fire Severity Zone areas. Since that time the State has incorporated WUI requirements into the California Building Codes. The Fire Department proposes to adopt the 2009 International Wildland Interface Code regulates Construction Requirements in Fire with the exception of Chapter 5, whichg q P p SeverityritY Zones These requirements will be covered by the Ignition Resistant Construction requirements in Chapter 7A of the California Building Code and will be applied uniformly to both High and Very High Fire Severity Zones. This will alleviate some confusion between different code sections and different fire severity zones. In addition to streamlining the Ignition Resistant Construction requirements in fire severity zones, the City is proposing to exempt additions and remodel projects where the first permit application submittal date for the building permit was prior to October 5, 2004. This exception will provide relief for projects where materials or type of construction was difficult to match while meeting the WUI standards. 191 Residential Code The California Residential Code provides methods and standards for one and two family residential dwellings up to three stories in height. This code will provide a template that, if followed precisely, can be used to construct a one or two family building without the use of an architect or engineer. In cases where the prescriptive measures in the Residential Code are not followed, a licensed architect or engineer will be required to analyze the project and provide necessary details. The City requires a geotechnical (soils) report for a new single family residence, and that service also requires a licensed engineer. The Community Development Department and Fire Department propose to replace the fire sprinkler system requirements with our current local fire sprinkler ordinance requirements. Our local code requires fire sprinklers on residential and commercial additions that meet certain size limitations. Other features in the Residential Code include: • Attached decks will require a permit. Decks will still be exempt from building permit when detached, less than 200 sq ft, and less than 30 inches above grade. • Buildings with fire sprinklers will be allowed to be three feet to a property line without exterior wall or opening protection • Buildings without fire sprinklers must be five feet to a property line for the same requirements. • Guards (formally called guardrails) are still required to be 42 inches high. • Carbon monoxide detectors will required along with smoke detectors in new construction and in remodels and additions when the value of the work exceeds $1,000. Unreinforced Masonry Buildings (URM) Since 1979 the State of California has taken a proactive approach to identify and address unreinforced masonry buildings. In 1986 the State Legislature passed a law requiring local governments to inventory all unreinforced masonry buildings and establish a loss reduction program and report their progress to the State. In 1995 the City of Atascadero contracted with a local architect to survey the City and develop a list of probable unreinforced masonry buildings (URM's). The City also adopted a local ordinance, AMC Section 8-10, requiring a licensed architect or engineer to evaluate URM's and either: • Provide testing and analysis demonstrating that the structure is not a URM • Provide structural analysis and plans to modify and upgrade the structure • Or demolish the structure The timeframes for bringing these buildings to an approved standard of compliance was January 1, 2005. 192 For the buildings with historical significance, demolition is not allowed. City staff has worked with property owners to improve their unreinforced masonry buildings with seismic retrofit methodology, and since that time twenty three buildings have been upgraded and removed from the URM list. Nine buildings remain on the list, one of which is the Historic City Hall, and one is the Historic Printery Building. 193 The remaining list of Probable Unreinforced Masonry Buildings include: 6500 Palma 6531 Olmeda \ E u i b � f 5880 EI Camino Real 5935 Traffic Way s � � a 5900 EI Camino Real 5905 Palma f 8451 / 8507 EI Camino Real 4990 Traffic way f 194 City Staff proposes to notify the owners of the remaining probable unreinforced masonry buildings that their buildings are declared unsafe as defined in the Title 8 Building Regulations, and therefore they must comply with seismic retrofit standards by July 1 , 2011 or a Notice of Noncompliance will be filed on the property and the structures will be ordered vacated until seismic upgrade compliance is completed and verified. It is possible that some of the remaining buildings could be removed based solely on the testing and analysis. Local Amendments In addition to the mandated code adoption, the Division of Building Services and Fire Department are proposing to amend the City Building and Fire Code requirements, Title 8 and Title 4 of the Atascadero Municipal Code, to support the California Building and Fire Codes as they apply to our City. Title 8 and Title 4 documents with track changes, as well as commentary documents for both Chapters, are included as an attachment. Summary: California Building Codes are adopted by the State on a 3-year cycle. 2010 Building Codes were adopted by the State on July 1, 2010 and will become effective throughout the State on January 1, 2011 . Municipalities use the 6-month timeframe between the State adoption and the effective date of the code to make local modifications based on climatic, topographic or geographic conditions. Conclusion: This is a mandatory code adoption process. FISCAL IMPACT: Staff expects minimal fiscal impact from the adoption of the new building codes. ALTERNATIVES: The Council may refer this item back to staff for additional analysis of proposed local amendments. The 2010 State Building Codes will go into effect in Atascadero in Atascadero on January 1, 2011 regardless of Council action. ATTACHMENTS: 1. Attachment 1 : Title 8 modification commentary 2. Attachment 2: Title 4 modification commentary 3. Attachment 3: Draft Ordinance A 10-5 Attachment 1: Title 8 modification commentary DISCUSSION OF AMENDMENTS PROPOSED TITLE 8 AMENDMENTS OF THE ATASCADERO MUNICIPAL CODE SECTION 8-1.102 ADOPTION OF CODES The 2010 editions of the California Building Code, Residential Code, Mechanical Code, Electrical Code, Plumbing Code, Energy Code, Historical Building Code, Existing Building Code, Green Building Code, are adopted in this section, including appendices. The 2009 International Property Maintenance Code is also adopted in this section. SECTION 8-2.1.1 MODIFICATIONS TO CHAPTER I The administrative chapter in the California Building Code was moved from Appendix Chapter 1 to Chapter I Division II. This section is modified to reference the proper new code sections. (a) Section 105.1.3 Cargo containers and railroad cars. Language has been modified to clear up ambiguity. Mobilehomes without HUD labels are not built to an approved minimum standard, and are no longer approved for habitation. Because these structures are not conventionally constructed, modifications are required to be designed by a licensed professional. (b) Section 105.2.4 Work exempt from permit: 1. Exempt accessory structures less than 120 square feet will be limited to 16 feet in total height. 2. This deck exemption is included in the administrative section of the Residential Code. That administrative section has been deleted and replaced with the administrative section in the Building Code. This modification reinstates the deck exemption. SECTION 113 THROUGH 117 These section numbers have been changed to reference new code sections. SECTION 8-3.101 MODIFICATIONS TO THE BUILDING CODE 196 a Delete Appendix A, B, C, D, F, G, H and K. Adopt I and J. O Pp p (b) Section 701A.1. This section was modified to specify CBC 7A as the construction standards for new construction in High or Very High Fire Severity Zones. This section also exempts additions or modifications to existing buildings if they were built prior to the effective date of the construction standards in the 2003 International Wildland Interface Code. That date was October 5, 2004. (c) Section 701A.2. This section was modified to reference the City's High and Very High Fire Severity Zones. (d) Section 701A.4. This section was modified to apply to additions or modifications to existing buildings only if they were originally constructed after the effective date of the 2003 International Wildland Interface Code, October 5, 2004. (e) Exemptions. Lists structures that are exempt from the fire severity zone construction requirements: 1. To allow a shade structure, open on all sides, without Ignition Resistant construction. 2. Tool sheds, playhouses and similar structures exempt from building permits. 3. To allow modifications to buildings built prior to October 5, 2004 without Ignition Resistant construction. (f) Section 903.2 through 903.2.18. Replaces "where required" section in Building Code with existing locally adopted code language to be consistent with Fire Code. Exceptions have been modified to limit requirements for specified minor additions. (g) Section 903.2.1. Provides a fire sprinkler system hazard risk table based for change of occupancy. (h) Section 903.3. Delete current local ordinance text and replace with Building Code text. (i) Section 1506.3.1. Prohibits wood shake or shingle. 0) Section 1802.2. Allows 1,000 square foot additions and 1,000 square foot accessory structures without soils report with building official approval. (k) Sections 3408.1.1 through 3408.1.4.3. Modified to reference new code sections. (1) Section 3109.4.4.2. Requires property line fence in conjunction with door alarms or self- closing doors for swimming pool fencing in order to protect from access through adjacent property. (m)(n) (o) (p) Change numbering only. (q) Section J104.2.1 has been modified to apply requirements uniformly, and to specify when project submittals must comply with adopted standards regarding site drainage, sensitive environments, Low Impact Development, Stormwater Pollution Plan, erosion and sedimentation control, and to and specify submittal requirements for projects in a Flood Hazard area or a Geologic Hazard Overlay Zone. SECTION 8-4.101 MODIFICATIONS TO THE RESIDENTIAL CODE 197 i (a) Delete Appendix A. B, C, D, E, F, G. 1, J, K, L. M, N P, Q and R. Adopt Appendix H and O. (b) Replace administrative chapter with Building Code administrative chapter as amended. (c) Section R313. Replace fire sprinkler requirements to be consistent with current local fire sprinkler system requirements and Fire Code. (d) Add Section R401.1 to maintain consistency with the Building Code requirements, and to ensure new buildings are constructed with adequate foundations based the soil type and characteristics. SECTION 8-5.101 MODIFICATIONS TO THE ELECTRICAL CODE (a) Replace administrative chapter with Building Code administrative chapter as amended. SECTION 806.101 MODIFICATIONS TO THE PLUMBING CODE (a) Delete Appendix D, G, and L. (b) Adopt Appendix A, B, I and K. (c) Replace administrative chapter with Building Code administrative chapter as amended. (d) Section 8-6.102. Minor text modification private sewage disposal system to clear ambiguity. SECTION 8-107.101 MODIFICATIONS TO THE MECHANICAL CODE (a) Adopt Appendix A, B, C and D. SECTION 8-8.101 MODIFICATIONS TO THE GREEN BUILDING CODE (a) Delete Appendix A4 and A5. SECTION 8-8.1.1 MODIFICATIONS TO THE PROPERTY MAINTENANCE CODE (a) Adopt URM Appendix Chapter Al to provide seismic strengthening provisions. 198 Attachment 2: Title 4 modification commentary DISCUSSION OF AMENDMENTS PROPOSED TITLE 4 AMENDMENTS OF THE ATASCADERO MUNICIPAL CODE SECTION 4-7.102 ADOPTION OF CODES The 2010 edition of the California Fire Code, including appendices. The 2009 International Wildland Interface Code is also adopted in this section. SECTION 4-7.103 MODIFICATIONS TO CHAPTER I (b) Delete Appendix Chapter A. SECTION 4-7.103 MODIFICATIONS TO THE FIRE CODE The administrative chapter in the California Fire Code was moved from Appendix Chapter I to Chapter I Division II. This section is modified to reference the proper new code sections. (n) Delete Appendix Chapter A. (o) Adopt Appendix D without Table D103.4 and Figure D103.1. Fire Department has existing adopted standards. (p) Section 101.1. Designates Fire Code of Atascadero. (q) Section 105.1.4. Modified to referenced new code section. (r) Section 108.1. Modified to referenced new code section. (s) Section 311.2.2. No change. (t) Section 503.1.1. No change. (u) Section 505.1. Address number clarification. (v) Section 507.2. Modified to referenced new code section. (w)Section 609.2.1. Delete Hood Servicing. This section is now covered in code text. (x) Section 901.7. No change. (y) Section 903.2 through 903.2.18. Section 903.2 through 903.2.18. Replaces "where required" section in Fire Code with existing locally adopted code language to be 199 consistent with Building Code. Exceptions have been modified to limit requirements for specified minor additions. (z) Section 903.2.1. Provides a hazard risk table based for change of occupancy. (aa) Remaining sections are modified to reference new code sections and to delete redundant code text. SECTION 4-7.1.4 MODIFICATIONS TO THE WILDLAND INTERFACE CODE (a) Delete Chapter 5. Wildland Interface Ignition Resistant Construction requirements are contained in Chapter 7A of the Building Code. (b) Delete Appendix C, E and G. 200 Attachment 3: draft Ordinance A 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 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 Camino Real, Atascadero, CA 93422), to consider a project consisting of Amendments to Title 8, and Title 4 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 201 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, WHEREAS, the proposed text amendments are exempt per section 15061(b)(3) in accordance with the California Environmental Quality Act(CEQA); and, WHEREAS, the City Council of the City of Ataseadero, at a duly noticed Public Hearing held on November 23, 2011, 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 701 A.3.2, 903.2, l 01 l.1.l- 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 2010 California Building Code, Sections 710.1, 713.5, 717.0, 719.1 and Appendix Sections K1(A) of the 2010 California Plumbing Code, Article 230-70(A)(1) of the 2010 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, 141 1.4, and 1415.1 of the 2010 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: 202 I. 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 2010 California Building Code,Article 230-70 of the 2010 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 2010 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 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 2010 California Building Code, Article 230-70 of the 2010 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 2010 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 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 2010 California Building Code, Article 230-70 of the 2010 California 203 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 2010 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 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-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 2010 California Building Code, Article 230-70 of the 2010 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 2010 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 2010 California Building Code, Article 230-70 of the 2010 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 2010 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, J10I A, J103.2, J108.1 and J110.2 of the 2010 California Building Code, 204 Sections 710.1, 713.5, 717.0, 719.1 and Appendix Section K (A) of the 2010 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, 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 Title 8 Atascadero Municipal Code with Track Changes Chapter 1 ADMINISTRATIVE 8-1.101 Title. 205 This title shall be known as the City of Atascadero Building Construction Code, Title 8 of the Atascadero Municipal Code. (Ord. 520 § 1 (part), 2007) 8-1.102 Adoption of Codes. Seven (710) 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: 1. *'��-2010 Edition of the California Building Code (Volumes 1 and 2) published by the International Code Council .?- —, 2010 Edition of the California Residential Code vublished by the International Code Council 3. the 2007 2010 Edition of the California Electrical Code published by the National Fire Protection Association 4. 2007 2010 Edition-,of the California Mechanical Code published by the International Association of Plumbing and Mechanical Officials 5. and the California Plumbing Code published by the International Association of Plumbing and Mechanical Officials 6. —2010 Edition of the California Green Building Code 7. *'�� 2010 Edition of California Energy Code ��2010 Edition of the California Historical Building Code 9, the 0 Edition of the California Existing Building Code 10 , a�_ 2(}09 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. (Ord. 520 § 1 (part), 2007) 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. (Ord. 520 § I (part), 2007) Chapter 2 ORGANIZATION AND ENFORCEMENT 8-2.101 Administration of adopted Codes. The administration and enforcement of this title shall be in accordance with Chapter 1, Division Il ^rpen4t rainte of the California Building Code as adopted in Chapter I of this title and amended in this chapter. (Ord. 520 § I (part), 2007) 206 8-2.102 Modification of AppendixChapter1, Division 11. (a) Amend AppendixSection 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 Appen(4ix Section 105.1 and add Appendiy, 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 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 without HUD certification label, 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 compliance with all applicable codes shall be substantiated by stf:tiettiFal plans and ealealations �a California licensed architect or engineer. (c) Add Section 105.2.4 to read as follows: 1 Eine story detached accessory structures used as tool and storage sheds, playhouses and similar uses exempt from a buildimy permit under Section 105.2 may not exceed 16 ft in total height. In residential one and two family dwellings decks not exceeding 200 sq ft (18.58m2) in area. that are not more than 30 inches (762mtn) above grade at any point. that are not attached to a structure and do not serve the exit door required by Section R311.4. (d) Amend Appendix Section 105.3.2 to read as follows: 105.3.2 Time limitation of application. 1. Expiration of Plan Review. Applications for which no permit is issued within 180 days following date of not of approval/ready for issuance by the Building Division, or applications within 180 days following date of notification of permit corrections to be picked up or returned, shall expire by limitation, and plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the building official. 207 In order to renew action on an application after expiration, the applicant shall resubmit plans and pay a new plan review fee. No extension is allowed except by written appeal to the Building Official. The Building Official is authorized to grant one extension of time for an additional period not exceeding 180 days. No application shall be extended more than once. 2. Fee refund. Application fees and permit fees are assessed to cover the cost of providing permit issuance services and therefore are not refundable once service has been obtained. A full refund (100%) can only be given when a cancelled application was submitted and/or reviewed due to staff error. Refunds for cancelled applications will not include submittal fees, document imaging fees, and plan review fees (once a plan review has been completed). Refunds must be requested in writing and within one (1) year of application submittal date. Refunds for cancelled permits will include up to 80% of the permit fee, provided no work has commenced and the request for refund is within one (1) year from permit issuance. Refunds must be requested in writing and within one (1) year of permit issuance. Refunds will not be processed for applications and/or permits that have been suspended or revoked, or that have expired due to limitation. 3. Dormant building permit application one-time-only blanket extension. In addition to the time extension allowed in section 105.3.2.1., any building permit application for new single- family-residence, new multi-family-residence, new commercial or industrial building, or a commercial or industrial addition, submitted to the City of Atascadero on or before September 9, 2008, may opt into a one-time-only application extension. In order to be considered for this program, all outstanding plan check fees must be paid in full on or before February 28, 2009, and any subsequent building permit regulated by this program must be paid for in full and issued on or before June 30, 2010. Any building permit application or subsequent building permit regulated by this program that does not meet all timeframes indicated in this section will be cancelled and become null and void, and any subsequent work will require a new permit application, new plans, and new plan check and permit fees. (d) Amend Appendix Section 105.5 to read as follows: 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. 208 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 44-2-113 to read as follows: SECTION X12113 BOARD OF APPEALS 442�113.1 Appeals Bo General. The Board of Building Appeals shall be as described in Section 2-12.01 of the Atascadero Municipal Code. 444113.2 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 Standards Code. (f) AddAppendix Sections 113.2114.54-and 1 !�.31 14.64 to read as follows: 113.2.1114.5 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 buildin,g official that the non-complying conditions have been corrected. 113.3.1114.6 Liability for costs of enforcement. Any person who maintains any premises in the State Housing Law. or an other adopted code shall of provision of this code p violation o a Y Yp 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. 209 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 X116.1 of to read as follows: 44-5-4116.1 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 illecal 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 200€ 2009 edition of the International Property Maintenance Code, as adopted. A vacant structure that is not secured against entry shall be deemed unsafe. (h) Add Section 446-117 to read as follows: SUCTION 1-"117 CONSTRUCTION SITE X117.1 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. (Ord. 533 §§ 1, 2, 2008; Ord. 520 § 1 (part), 2007) 8-2.101 Administration of adopted Codes. The administration and enforcement of this title shall be in accordance with Appendix Chapter 1_ Division 11 of the California Building Code as adopted in Chapter 1 of this title and amended in this chapter. (Ord. 520 § 1 (part), 2007) Chapter 3 BUILDING CODE 8-3.101 Modifications of the California Building Code. 210 (a) -------(a) Delete Appendix A, B, C. D, aii-d-E. F-. G, 1-1 and K. Adopt Appendix I and J. (b) Amend Section 701A.1 to read as follows: assemblies701AA Scope. This ehapteF applies to buildiiig materials, systems and/oF exteFjE)r_ design of eenstfuetion of new buildirigs and additions to existing buildings !a withinalAlilrdland rr h !nteFf-aeeAFea as defined Sect e 702 n 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 whose first application for construction permit was submitted after October 4 2004 and located in a High or Very fligll Fire Severity 7one as described on the approved City of Atascadero Fire Severity Zone map on file in the office of the Fire Chief of the City of Atascadero. (c) Amend 701A.2 to read as follows: 701 A 2 Purpose The purpose of this chapter is to establish minimum standards for the protection of life and property by increasing the ability of a building located in a High or Very High. Fire Severity Zone within the City of Atascadero to resist the intrusion of flames or burning embers projected by a vegetation fire and contributes to a systematic reduction in conflagration losses. (d) Amend Section 701A.31 to read as follows: 701A.3-.2,Application. New buildings, or additions or alterations to buildings whose first application for construction permit was submitted after October 4. 2004, located in any �a High or Very High Fire severity zone N buildings '' additions ildi g Jantiar-y , 2nn9-, shall comply with all sections of this chapter. as amended. a t '"''s of the inter-national )ATildland Ur-ban lnteFfaee Code ada.11— amended- ir, Seetie � S 7.102 a 9 7.104 of the AtaseadeFo ra ieipal (`ode -Exceptions: 1. 1. Detached trellises patio covers gazebos and similar structures. 450 so ft or less, with open trellis roof or Class A roofing when open on all sides and located at least 10 feet from adiacent buildings. 2. Accessory structures not exceeding 120 square feet in floor area and exempt from a building permit per Section 105.2. as amended. 3-2. 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. 211 43—Additions or modifications to existing building whose first application for construction permit:was submitted prior to October 5. 2004. Additions ons to eXistifi^ bUil i gs p Of the additiOR Will Match the g building. (f) Amend 704A.1 as follows: 704A.1 General. The materials prescribed herein for ignition resistance shall conform to the requirements of this chatter. Wood shake or wood shingle roofing products shall not be installed on any exterior part of any building. (2) Delete Sections 903.2 throngli 903.2.18. Add new Sections 903.2 and 903.2.1 through 903.2.18 to read as follows: 903.2 Where required. An approved automatic fire sprinkler system shall be installed: 1. T hrouOiout all new buildings. Exceptions: 1. Buildings containing Groups B and M occupancies where floor area is not more than500 square feet (46.45 m') 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 m2) and located not less than 10 feet from adjacent buildings on the same pro2el-ty and not less than 5 feet from adjacent property lines, unless part of a mixed-occupancy building containing a Group R. Division 3occupancy. 2. Throughout an existing building other than a Group R. Division 3 occupancv or a U occupancy when accessory to a Group R. Division 3 occupancy 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. 3. Throughout an existing Group R. Division 3 occupancy or Group U occupancv when accessory to a Group R. Division.3 occupancv whenever additions exceed ten(10) percent of the total floor area of the existislg building and the total combined floor area will exceed 5.000 square feet (185.8 m2). Exceptions: 1. Group R. Division 3 occupancies where the total combined floor area will not exceed 3.000 square feet (278.7 m21. 212 2. Group B and M occupancies whenever single or multiple additions will not exceed 1.000 square feet (92.9 m2) beyond the size of the structure on the effective date of this reLulation or the total combined floor area will not. exceed 5.000 square feet (464.5 m2), and a second story or greater is not added. and the occupanev is not changed to a more hazardous use. 4. When occupancv chance increases fire risk or hazard (lir) Add section 903.2.1 Fire Sprinkler Hazard Catersories to read as follows: 903.2.1.Fire Sprinkler Hazard Categories. Hazard categories in regard to fire sprinkler system requirements shall be in accordance with Table 903.2.1. Table 903.2.1 Fire Sprinkler System Relative Hazard Fire Sprinkler System Relative Hazard Categories Relative Hazard Occupancy Classifications 1 (highest hazard) H 2 A, F-1 R-1, R-2, R-3.1, R-4, 3 F-2, R-3, E 4 B, M. S-2, U 5. In additions to existing buildings ecguipped with an automatic fire sprinkler sy,steln. For the purpose of requiring the automatic fire sprinkler systems specified in this chapter, the floor area %within the surroundins exterior Nvalls shall be considered as one buIIdinL,. An automatic fire sprinkler System need not be installed in spaces or areas in telecommunications buildings used exclusively, for telecommunications equipment, associated electrical pm ger distribution equipment batteries and standby engines provided those spaces or areas are equipped throughout with an automatic fire alarm systern and are separated from the remainder of the building by fire barriers consistinC7 of not less than 1-hour fire-resistance-rated walls and 2-hour fir-resistance-rated floor/ceilin« assemblies. nn^ 1 1 n 3 to ad as follows: 903.2 Where required. it p,- -inkler- system shall be install 1 Tl l t 11 , bUi1ENH-S 213 1. Buildings b 500 squar-e feat (46.45 aaa �2) l 1 r a t 1 than 1 n foot f,-om aE i aeent buildings r d t l a s thn C foot f E)m aEl t orr„ lino, ') BtigElinas r b ( r . r faN feet (92-.9 in2 b`' oil the same pr-opet-ly and tha s, b Containing fIE)E)F aFea Of the /14Gb ( .8 nib i eupaney is b hazafdous use. Ti t' T7 Division 3 �, 1, the t rnl r i � ,.�„��n� r h' 1 flooF afea will f .a 3.000 squarme feet (279.7 ?} T ad&iORS tri ,h 'lrl' b equipped 4 atitofflatie f' 1 t 1 system. s, equipment,distFibution and standby engines, equipped b buildingof the ✓ of not less , istanee rated walls and 7 houF f' r-esistanee fated fl / '1' assemblies, 903.2.1 through 903.2.4"1.8 not used. Text continues with Section 903,1443. (e) AEld Seetions 101 !44 th,:ough 1011 1 2 to Fead an follows: signs.1011.1.1 Floor level exit b , signs visible 4E)m any EliFeetion of effeSS Aeeess to exits signs shall be maFled by i-eadily visible easeswhefe the exit oF the pa4i of egfess tFavel is not immediaiely visible t the oeetipants. Floor- level 't sign nln nt hall be s r • point viewingthan 100 feet (30.5 in) OF the listed whielieveF is less, neafest visible it 1011.1.2 installation. Floof level exit siagns , ss tkan 6 inelies (152 min), noF mor-e than 8 inches (203 min) above the aE�aeent The b b shall be installed on the lateh side of exit Eloor-s and sliall be not less tlian fodF inehes fi:om the l n� 214 1011.1.3 Floor level exit sign illumination. All floof level exit signs s4all be illuminated as se forth in Seetions 10 11.2, i n i n and 1011-5- {#� 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. �,-4Lj� Add Section 1506.3.1 to read as follows: 1506.3.1 Wood shake and shingle of over-;,,g limitations. Wood shake or wood shingle roof ins productsngs shall not be installed on any exterior part of any building. Exceptions: 1. Roof coverings on additions to existing wood shingle or wood 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. O}W 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-and soils investigation report 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. 2. R.. Divisions 1 and 3 oeeupaneies of less than !000 squaFe feet. of flaeF area a d Eletaehed aeeesse� str-uetur-es with less than 1000 of POOF aFea-,pfovided an expansive inclex test is Pfevided. in lieti _ of b an expansive index test, a foundation design meeting Hig- weighted expansion tests ,Y = -.e�.The building official may not require a foundation and Soils investigation report for one-story, wood-frarne and light-steel-fraine additions to Group R Division 1 and 3 occupancies of 1,000 square feet of floor area or less or new one-story, wood frame and II ght steep frarne detached accessory structures 1,000 square feet of floor area or 215 less or one-story, wood-frame and light-steel-frame additions to detached accessory structures 1,000 square feet of floor area or less when a licensed architect or engineer provides a foundation design and a site observation report with a statement of site suitability. Add Sections 34863408.1.1 through 34803408.1.4.3 to read as follows: 34863408.1.1 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 34863408.1.1, 44063408.1.2 and 34863408.1.3. Such determination shall be the basis for the application of Sections 34863408.1.2 through 34863408.1.4.3. 34063408.1.2 Means of egress, general. Hazard categories in regard to life safety and means of egress shall be in accordance with Table 34063408.1.2. 0 Table 34063408.1.2 Means of Egress Hazard Categories Relative Hazard Occupancy Classifications 1 (Highest Hazard) H 2 I-2,I-3.1-4 3 A,E,I-1,A R-1. R-2,R-4 4 B.F-1, R-3, S-1 5 (Lowest Hazard) F-2, S-2.U 34063408.1.2.1 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. 34863408.1.2.2 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. 216 -344€3408.1.3 Heights and areas. Hazard categories in regard to height and area shall be in accordance with Table 34.063408.1.3. Table 34463408.1.3 Heights and Areas Hazard Categories Relative Hazard Occupancy Classifications 1 (Highest Hazard) H 2 A-1,A-2,A-3,A-4,1,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 34463408.1.3.1 Height and area change to higher hazard category. When a change of occupancy is made to a higher category as shown in Table 34063408.1.3,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. 34063408.1.3.2 Height and area change to equal or lesser category. When a change of � - g g occupancy classification is made to an equal or lesser hazard category as shown in Table 34063408.1.3, the height and area of the existing building shall be deemed acceptable. 3408.1.3.3 Fire barriers. When a chane of occupancy classification is made to a higher 34(16 a p Y hazard category as shown in Table 34063408.1.3, 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. 34063408.1.4 Exterior wall fire-resistance ratings. Hazard categories in regard to fire- resistance ratings of exterior walls shall be in accordance with Table 34063408.1.4. 3 Table 3406.408.1.4 Exposure of Exterior Walls Hazard Categories Relative Hazard Occupancy Classification 1(Highest Hazard) H 2 F-1,M, S-1 3 A,B,E, I,R 4(Lowest Hazard) F-2. S-2.U 217 34463408.1.4.1 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 34863408.1.4, 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. 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. 34463408.1.4.2 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 34063408.1.4, existing exterior walls,. including openings, shall be accepted. 34463408.1.4.3 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 heig,ht 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 34863408.1.4. (1) amend Section 3109.4.4.2 as follows: Section 3109.4.4.2 Construction perinit. safety features required. Commencing, Jant.iary 1. 2007. except as required by Section 3109.4.4.5, whenever a building permit: was issued for constriction of a new swimming pool or spa or any building permit issued for remodeling, of an existing pool or spa at a private single-family home. it shall be equipped with at least one of the followinL, seven drowning,prevention safety features: Items 4 and 5 may wily be Lased in conjunction tiijth an enclosure m.ectiaag the requireinews of Section 3109.4.4.3. that isolates the sii,imanin� pool, sjxa or hot trrb from adjoining property. 218 I The pool shall be isolated from access to a home by an enclosure that meets the requirements of Section 3109.4.4.3. 2 The pool shall incorporate removable mesh pool fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in con-junction with a gate that is self-closing and self-latching and can accommodate a kev lockable device. 3 The pool shall be equipped with an approved safety pool cover that meets all requirements of the ASTM Specifications F 1346. 4 The residence shall be equipped with exit alarms on those doors providing, direct access to the pool. 7 All doors providing direct access from the home to the swimnjng pool shall be equipped with a self-closing self-latching device %vith a release mechanism placed no lower than 54 inches above the floor. 6 Swimming pool alarms that when placed in pools will sound upon detection of accidental or unauthorized entrance into the water. These pool alarms shall meet and be independently certified to the ASTM Standard F 2208 "Standards Specification for Pool Alai-ins" which includes surface motion. pressure, sonar laser and infrared type alarms For purposes of this article. "swimming pool alarms" shall not include swimming protection alarm devices designed for individual use. such as an alarm attached to a child that sounds when the child exceeds a certain distance or becomes submerged in water. 7 Other ineans of protection ifs the degree of protection afforded is equal to or greater than that afforded by any_of the devices set forth in items 1- 4. and have been independently verified by an approved testing laboratory as meeting standards for those devices established by the ASTM or the American Society of Testing Mechanical Engineers (ASTM). (j4 m) Amend Appendix J 10 L 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. 4,-4Ln) 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. 219 2. Creation of building sites: slope limitations. Grading for the purpose of creating a site for a building or structure shall be prohibited on 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. 04Lo 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. {�tp� 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. i 220 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 m3) that is not intended to support a structure does and will not obstruct a drainage course. 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. (*) cl� Add Appendix Sections J104.2.1 and J104.2.2 to read as follows: 7104.2.1 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. The drainage plan Shall include provisions to mitiL'.,ate the imr)act_o_f drainage on nearby creeks swales and offsite properties or structures. The drainage elan shall comply with the requirements of any Council adopted City Fnaineerinc Standard Specifications and Drawings Low Impact Development or HydromodificatIon Control Standards. 221 6. � " iFed by the building ofPe a-A soils 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 erosion and sedimentation control and site revegetation, including the location, species, container size and quantity of plant materials proposed, and the proposed time of planting. 9 IAneFe ,-equi-ed by the ibuilding, offieia, PProtective measures to be taken during construction, such as hydro-mulching, berms (temporary or permanent), interceptor ditches, subsurface drains, terraces, and/or sediment traps in order to prevent erosion of the cut faces of excavations or of the sloping surfaces of fills. 10. Where grading area of disturbance exceeds one acre. a Stormvvater Pollution Prevention Plan will be submitted. The Stormwater Pollution Prevention Plan shall be in compliance with the most recent General Construction Permit issued by the State Water Resources Control Board. 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. The grading plan shall also include: I. If located in a Flood Hazard Area. the gradingplan shall include flood way and flood zone boundaries and appropriate mitigations required by Municipal Code Title 7. Chaff I l Flood Damage Prevention.. 2. If located in a Geologic Hazard Overlay Zone. an engineering geology rort, including a description of site geologv. conclusions and recommendations regarding the effect of ,geologic conditions on the proposed development. and opinions and recommendations coverirtlg the adequacy of sites to be developed by the proposed grading. b Yar-dS Of b existing, 222 pFoeeduFes; soil b b design stFuetu-es embankments . r-e ton plish the proposergrading; and, ",here n eieoury,slope stability studies, aiid r-eeemmendatiaiis and eanelusions b site b b {o)Lrj 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. { } 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 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. (Ord. 520 § 1 (part), 2007) Chapter 4 RESIDENTIAL CODE 8-4.101. Modifications to the California Residential Code. 223 (e) Delete Appendix A B, C D E F G I J KLM N P,C and R Adopt Appendix H and 0. (f) Delete Chapter I Division II. Administration of the California Residential Code shall be as set forth in Chapter 1 Division II of the California Building Code, as amended. (g) Delete Section R313. Add new Section R313 to read as follows: Section R313 Required. Fire sprinkler systems shall be as set forth in Section 903.2 of the California Building Code, as amended. (h) Amend Section R401.1 to read as follows: Section R401.1. Required. The owner or applicant shall submit foundation and soils investigation report to the buildinL official as set forth in the California Building Code, as amended. Chapter 45 ELECTRICAL CODE 8-45.101 Modifications of the California Electrical Code. (a) Administration of the California Eelectrical Ceode shall be as set forth in Appe x Chapter 1 Division II 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. (Ord. 520 § 1 (part), 2007) Chapter&-6 PLUMBING CODE 846.101 Modifications of the California Plumbing Code. (a) Delete Appendix Chapter-, 1, Division IL . Administration of the plumbing code shall be as set forth in Appy Chapter 1 Division II of the California Building Code, as amended. F._ 1 1 . (b) Delete Appendix D, G, and L. Adopt Appendix A. B. I and K. (bc) Amend Section 710.1 to read as follows: 224 710.1 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. (ed) 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 17 disposal system, or part thereof, on any lot where a public sewer is available at the property line or where the public sewer is within 200 feet of the proposed or existing building. (de) 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. (e1) 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 (135) 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. (€�,) Amend Appendix Section K1(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 P age disposal field and see its. The Authority Having Jurisdiction may grant p seepage 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. 225 Where conflicts occur between this appendix and provisions of Section 8-5.102 of the Municipal Code, the most restrictive shall govern. (Ord. 520 § 1 (part), 2007) 8-56.102 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 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 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 six (6) and eight (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 four (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 twenty-four (24) hours unless the site consists of sandy soils containing little or no clay. In sandy soils where the water on two (2) consecutive readings seeps away faster than one-half(1/2) the wetted depth in twenty-five (25) minutes or less, re-fill the hole with water, and pre-soak for an additional two (2) hours. After the two (2) hour pre-soak, the test may then be run. The time interval between measurements shall be taken at ten (10) minutes and the test run for one (1)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 twenty-four (24) hour pre-soaking. (5) Pre-soak the boring as described above. After twenty-four (24) hours have elapsed, re-fill the hole to the proposed inlet depth. The fall of water should be measured every 226 one-half(1/2) hour over a five (5) hour period. Re-fill the hole after each one-half(1/2) hour reading. During the last or the sixth hour, do not re-fill the hole after the one-half(1/2) hour reading. Be sure to check the total hole depth every one-half(1/2) hour as well to see if any caving has occurred. (6) Readings will be recorded and reported in min/inch. (c) Leaehfield 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: (1) Number and Location of Test Holes. A minimum of three (3) separate test holes spaced uniformly through and located in the immediate vicinity of the proposed leach field site are to be made. (2) Type of Test Holes. The test hole shall have horizontal dimensions between four (4) and twelve (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 (2) 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 one (1) foot above the gravel or sand with clear water, which is to be kept in the hole for at least four (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 twenty-four (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 six (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 six (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 six (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. 227 (iii) In sandy soils or other soils in which the first six (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 ten (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 groundwater. (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 one hundred twenty (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=A,,x Nb x Ar T,,, 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 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 thirty (30) minutes per inch. 228 (4) Standard Trench Lengths. Standard trench lengths for percolation rates less than thirty (30) minutes per inch are included in Table 4-6. The trench lengths shown in Table 4-6 are for a standard three (3) foot wide trench with three (3) 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 (1) acre or larger in size and meets other regulations and requirements regarding septic setbacks and distance separation. (2) Private sewage disposal systems proposed to be installed on slopes of twenty (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 thirty (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 thirty (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 thirty (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 one hundred twenty (120) minutes/inch, a private sewage disposal system, solely dependent upon soil absorption, shall not be allowed, unless the lot size is two (2) acres or greater. (6) The design of private sewage disposal systems shall incorporate an approved filtering device to remove solids from effluent at the outlet of septic tanks. (7) When a seepage pit percolation rate exceeds thirty (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. 229 (9) A one hundred (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 four (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. (1) Septic tank manholes more than twenty-four (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 (3) 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 twenty (20) inches. Risers shall be covered with tight fitting lids that are gas tight, securely fastened with stainless steel or other noncorrosive 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 (6) 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. 230 (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. (2) Seepage pits shall be cylindrical in shape with a diameter of not less than four (4) feet, or more than six (6) feet. Construction of a seepage pit with a diameter less than four (4) feet or greater than six (6) feet may be permitted with written approval of the Authority Having Jurisdiction. (3) Seepage pits shall have a centrally located four (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 three-fourths (3/4) inch to two and one-half(2 1/2) 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 unperforated. (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 twelve (12) inches of clean earth cover, free of debris and rock. (5) Seepage pits shall have an effective disposal depth of at least ten (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 fifty (50) feet, unless the building official provides written approval for a greater depth. (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) One hundred Percent (100%) Expansion Area. All systems shall be designed and constructed to reserve sufficient site area for a one hundred percent (100%) replacement dispersal system/area. Installation of dual fields shall be required for all sites when access for 231 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 three hundred seventy-five (375) gallons per day for up to four (4)bedrooms, with one hundred fifty (150) gallons per day for each additional bedroom in excess of four (4). For other occupancies, refer to the California Plumbing Code, Appendix K. (j) Special Design Standards. The following standards shall be used in the design of 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 (1) acre or larger in size and meets other regulations and requirements regarding septic setbacks and distance separation. (5) One Hundred Percent (100%) Expansion Area. All systems shall be designed and constructed to reserve sufficient site area for a one hundred percent (100/0) 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 232 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 two hundred (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—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. (1) Tables. Table 4-1 Absorption Area Requirements Percolation Rate (Minutes/Inch) Absorption Area per Bedroom (Square Feet) 09 150 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 4-2 233 Standard Trench Adjustment Factor Depth of Gravel Below Pipes (Inches) Trench Width(Inches) 12 1 18 24 30 36 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 1 .43 .45 .48 .50 .52 .54 48 .30 .33 .36 1 .39 .42 .44 .46 .48 1 .50 Note: For trenches not shown in Table 4-2.the standard trench adjustment factor may be: Trench Adjustment Factor= W + 2 W + l + 2D W= width of trench (in feet) D =depth of gravel below pipe (in feet) Table 4-3 Horizontal Distance Separation (In Feet) Leach Field or Building Sewer Septic Tank Seepage Bed Seepage Pit Buildings or structures,including porches,steps, 2 5 8(11 8' breezeways,patios,and carports whether covered or not Property line Clear' S 5 10 Water supply well in unconfined aquifer 50" 50 100 150 Watercourse 771 50 50 100 100 Swales ' 50 50 50 50 Native Trees 10(" 101* Seepage pits - 5 5 12 Leach field or seepage bed - 5 6 5 On-site domestic water service line 1'' S 5 5 Distribution box 5 5 Pressure public water main I ON 10 10 10 234 Sloping ground,cuts,or other embankments 15(6) 1510 Reservoirs"),including ponds,lakes,tanks, 200 200 200`" 200' 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 helow a leach field,seepage bed or seepage pit. (2� See Section 315(c)of this Code. l3' Distance separation may be reduced to twenty-five(25)feet when the drainage piping is constructed of'materials approved for rise within a building. a� See Section 1108 of this Code. (5) For parallel construction or crossings,approval by the Health Department shall be required. 16 Distance is measured as horizontal distance to daylight.This distance may he reduced where it is demonstrated that favorable geologic conditions and soil permeability exist based on a report and analysis prepared by a licensed geologist or soils engineer. Distance is measured at spillway elevation. 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 rivets.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 it stream or body of water. 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. Topographic low point that conveys water to watercourses. (*) See tree protection guidelines. Table 4-4 Vertical Distance Separation (In Feet) Leach Field or Seepage Bed Seepage Pit Ground water. where percolation rate(min/in)is <1 50 1-4 20 5-29 8 >30 5 Groundwater, where soil is-- Gravel s 2 sGravels- 50 Gravels with few fines20 Other 10 Bedrock 10 10 Note: Distance is measured from bottom of trench or pit. Unless a setback distance of at least two hundred fifty(250)feet to any domestic water supply well or surface water is assured. In this case the minimum separation shall be ten(10)feet. 235 - Gravels—Soils with over ninety-five percent(9517(,)by weight coarser than a No. 200 sieve and over one-half(1/2)of the coarse fraction larger than a No.4 sieve. 3 Gravels with few fines—Soils with ninety percent(90%)to ninety-four percent(94170)coarse fraction larger than a No.4 sieve. Table 4-5 Hi Capacity Infiltrator System Design Requirements Percolation Rate Infiltrator Trench Length(feet)* High Capacity Chambers I bed 2 bed 3 bed 4 beds <1-9 30 60 90 120 10 36 66 96 132 11-15 42 72 114 154 16-20 48 84 126 172 21-26 54 90 138 180 26-29 60 96 150 198 30+ Design by Engineer Trench lengths good for up to three(3)bedrooms. Homes larger than four(4)bedrooms shall be calculated as required by this chapter. 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 Standard 3'x3'Trench Length(feet)* Gravel Trench Percolation Rate 1 bed 2 bed 3 bed 4 bed <1-9 25 50 75 100 10 28 55 83 110 11-15 32 63 95 127 16-20 36 72 108 143 21-26 38 77 115 153 26-29 42 83 125 1 167 30+ Design by Engineer 236 Three(3)ft.wide by three(3)ft,deep trench,with.5'of gravel above pipe invert. Any alternative trench configuration shall he calculated according to the requirements of this chapter. Homes larger than four(4)bedrooms shall be calculated as required by this chapter. Table 4F-7 Required Size of Septic Tank for Single-Family Dwelling Number of Bedrooms Minimum':Septic Tank Capacity in Gallons 1 or 2 750 3 1,000 4 1,200 5 or 6 1,500 See California Plumbing Code for an expanded list of tank sizes. (Ord. 520 § 1 (part), 2007) Chapter 6-7 MECHANICAL CODE 8-67.101 Modifications to the California Mechanical Code. (a) '^` Delete ,kpf)eiqE1ix Chapter 1. Divison 11 and 'Table 14. . Administration of the mechanical code shall be as set forth in Awe Chapter 1 Division II of the California Building Code. (b) Adopt Appendix A. B, C and D. (Ord. 520 § 1 (part), 2007) Chapter-7-8 GREEN BUILDING CODE 8-8.101 Modifications to the California Green Building Code (a) Delete Appendix A4 and A5 Chapter 9 UNSAFE BUILDINGS AND STRUCTURES 8-79.101 Modifications to the International Property Maintenance Code. (a) Amend Section 101.1 to read as follows: 237 101.1 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 Se.tio 108.1.5 to ,- ad as follows: 108.1.5 Dangerous struetur-e or premises. Pot:the purpose of this eode, any str-uettir-e 0 pi:emises that has any E),- all of the eanditions or- defeets Elesefibed �elom- shall be eensidei-ed ElangeFeusi passageway, it a existing,Fess does not eetif-OFm The walkin,,g sai-face of any aisle, o is sewai:ped, wom leese, tOM OF Otherwise misafe as to not prr-ovide safe and adequate means e ems 0 3. AH�'PE)Aifflq Of a b, fftenanee that sbeen damaged , eai-thquake, wind, flood, Eletffk)fation, tiegleet, abandonment, vandalisffl or-by any other- cause to d� 4. ARy pei:tien E)f a t uildi fib, of icy-rmembecF, ap3ii ce}1anee of afnamIt t' E)Htile extet:ior- ther-eof is na� of sufficient sti:ength oF stability. E)r- is not so anchor-ed, attached eiA f4stened in plaee so as to be capable of L natuFal of aFtifieial loads of one and R4q ha-If the efigmal designed value. 5. The bUildifig OF StFtiettffe, OF PaFt Of the b detei,ior-ation, decay, fatilty eonstfuetk)H, the removal of movement of some per-tion of the gr-eund neee..aFy foof the suppoft, oF foi, any othei,r-eason, is likely to paFtially OF eompletely eollapse, 238 6. The building or- stnietufe. er- any PeFtien thereof, is eleaFly unsafe foF its use and b oeeapaney. building,7. The b ttinnuisaneeor- afi „1.,,.,f„1 aet8. Any might building building b appi-oved building oF fire eede ef the jurisdietien, eF of any la;A' OF E)FdiHaH6e tO such an extent as te pfesent eitheF a substafi�ial r-isk of fire, building collapse eF any othef threat to life safety. 9. k building oF str-uetuf-e, used or- intended to be used fer- dwelling pur-poses, beeause ef a b -, _ b , inadequate fneehanieal of light, ventilation, b. system, cede offieial to be unsanitar-y, unfit for-human habitation oF ip such a eoiidition that is likely t10 eause siekHess OF disease. 10. Any,build R of st- ,etuF beeatise of lack of s ,44 ,tet eF pFopeF f;, Fesistiv phimbing, 11. n +-t' f a building, site after-the demeliti^ modest t' of th ' n�C3li0�ruv�i via v ... building" building, oF str-uet'dFe is abandoned so as to eenstittite ti ueh building, ^ Ft; thereof. s .tt, et; . nee aF uuzmf to the pub!u �. (Ord. 520 § 1 (part), 2007) Chapter 5-10 WATER EFFICIENT LANDSCAPE AND IRRIGATION 8-510.101 Purpose. Consistent with California State law, it is the purpose of this chapter to: (a) Promote the values and benefits of landscapes while recognizing the need to use water resources as efficiently as possible; (b) Prevent unreasonable water waste by limiting landscape water use to the amount reasonably required for beneficial use; (c) Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects. (Ord. 548 § 2, 2010) 239 B-910.102 Definitions. "Certificate of completion" means the document required under Section 8-8.105(c). "Landscapable area" means all the planting areas, turf areas, and water features in a landscape design plan. The landscape area does not include footprints of buildings or structures, sidewalks, driveways, parking lots, decks, or patios. "Landscape contractor" means a person licensed by the State of California to construct, maintain, repair, install, or subcontract the development of landscape systems. "Landscape documentation package (LDP)" means the documents required under Section 8-8.105(b). "Landscape project" means total area of landscape in a project as defined in "landscape area" for the purposes of this chapter. "Multifamily residential" means two (2) or more attached residential units. Landscape areas for multiple detached units on one (1)parcel will be considered single-family units for the purposes of this chapter. "New construction" means, for the purposes of this chapter, a new building with a landscape or other new landscape, such as a park, playground or greenbelt without an associated building. "Permit" means an authorizing document issued by local agencies for new construction or rehabilitated landscapes. "Pervious" means any surface or material that allows the passage of water through the material and into the underlying soil. "Project applicant" means the individual or entity requesting a permit, plan check or design review from the local agency. A project applicant may be the property owner or designee. "Rehabilitated landscape" means any relandscaping project that requires a permit, plan check, or design review. "Runoff' means water which is not absorbed by the soil or landscape to which it is applied and flows from the landscape area. For example, runoff may result from water that is applied at too great a rate (application rate exceeds infiltration rate) or when there is a slope. "Single-family residential" means one (1)home on one (1) lot, or multiple detached units on one (1) lot (not attached). "Soil moisture sensin- device" or "soil moisture sensor" means a device that measures the amount of water in the soil. The device may also suspend or initiate an irrigation event. 240 "Turf' means a around cover surface of mowed grass. Annual bluegrass, Kentucky bluegrass, Perennial ryegrass, Red fescue, and Tall fescue are cool-season grasses. Bermudagrass, Kikuyugrass, Seashore Paspalum, St. Augustinegrass, Zoysiagrass, and Buffalo grass are warm-season grasses. "Valve" means a device used to control the flow of water in the irrigation system. "Water conserving plant species" means a plant species identified as having a low plant factor. "Water waste runoff' means water flowing away from property and which is caused by excessive application(s) of water beyond reasonable or practical flow rates, water volumes or duration of application. (Ord. 548 § 2, 2010) 8-8262.103 Applicability. The information within this chapter applies to new construction and rehabilitated landscapes for commercial, industrial and residential projects that are subject to the development review process and/or a building permit with the exception of subsection (f), which applies to all properties within the City limits. (a) Development Review Process. In conjunction with the submittal of a project for development review (tentative parcel map, tentative tract, development plan or conditional use permit), conceptual landscape and irrigation plans shall be provided that demonstrate that the irrigation complies with the standards within this chapter. These design of the landscaping and P p � � P plans shall be reviewed by City staff during the development review process. (b) Building Permit. In conjunction with the submittal of a project for building permit plan check, final landscape and irrigation plans, in compliance with this chapter, shall be submitted with the project. After a plan check review by the Planning and/or Building and/or Public Works Departments for compliance with this chapter, a building permit may be issued. Fees consistent with the fees established for building plan check will be applied for staff review of the landscape and irrigation plan. (1) Residential Building Permits. Oi Landscape plans in compliance with this chapter shall be requireduired to be submitted with all new single-family residences and new second unit building permits. (ii) Landscape plans shall be required in conjunction with residential remodels and additions only when new landscape is proposed to be installed. All new landscapee and relandscaping shall be compliant with this chapter. (2) Nonresidential Building Permits. 241 (i) Landscape plans in compliance with this chapter shall be required to be submitted with building permits for all new nonresidential construction. (ii) When submitting a building permit for nonresidential remodels and additions, a landscape plan shall be submitted to bring the site into compliance with Section 8-8.104. Only alterations required for compliance with Section 8-8.104 shall be required to be shown on the landscape plan. (c) Certificate of Completion. Once the landscape and irrigation plans and necessary documentation has been provided in substantial compliance with the LDP, a certificate of completion may be issued. A certificate of completion shall be issued prior to the project receiving a certificate of occupancy by the Building Division. (d) Landscape and Irrigation Installation. For both projects less than or greater than one (1) acre, the landscape and irrigation shall be installed per the approved plans prior to the issuance of a certificate of occupancy or "final" of the building/project. (e) Landscape Bond. (1) For projects that have a landscape area of one (1) acre or greater and require a LDP, a bond may be posted which would allow a building to be finaled and a certificate of occupancy to be issued prior to the site landscape and irrigation being completed. The bond shall be based on an estimate for labor and materials to complete the landscape and irrigation project per the approved plans, plus an additional twenty-five (25) percent. The applicant shall fill out the landscape bond security bond agreement along with the necessary bonding information, to the Public Works Department for review and approval to determine the specific bond amount. (2) For projects that have a landscape area of less than one (1) acre which does not require the LDP, the Community Development Director or designee may approve a bond to be posted which would allow a building to be finaled and a certificate of occupancy to be issued prior to the site landscape and irrigation being completed. (f) Water Waste Prevention. This provision applies to all properties with the City limits. (1) Overhead irrigation of residential and commercial landscapes, including golf courses, parks, school grounds and recreation fields, shall be prohibited between the hours of 10:00 a.m. and 5:00 p.m. (i) Exceptions to the permitted watering timeframe are permitted for renovation or repair of the irrigation system with an operator present, landscape irrigation audits, the reseeding or planting of turf grass not to exceed an establishment period of twenty-one (21) consecutive days, or the application of a landscape fertilizer that requires watering in. 242 (2) Water runoff shall be prohibited. Watering or irrigating of any lawn, landscape or other vegetated area in a manner that causes or allows excessive water flow or runoff onto an adjoining sidewalk, driveway, parking lot, street, alley, gutter, ditch, or adjacent property is prohibited. (Ord. 548 § 2, 2010) 5-810.104 Landscape standards and limitations for new construction and rehabilitated landscapes. (a) All project landscaping and irrigation plans/designs (residential, commercial, industrial Py shall comply with the followmQ b standards and limitations: (1) Turf areas less than eight (8) feet in width in any direction are prohibited, (2) Turf shall be prohibited within the public right-of-way, includinag (3) Turf shall be prohibited on slopes greater than twenty (20) percent where the toe of J to an f the slope is adjacent impermeable harde (where twenty (20) percent means one (1) P ermeasca P foot of vertical elevation change for every five (5) feet of horizontal length rise divided by run X 100 = slope percent); (4) Developments shall be graded to maximize the on-site distribution of runoff to planted areas; (5) For nonturf areas, landscape shall utilize a planting palette of low water use plants designated by the Atascadero Mutual Water Company's list of water conserving plants; (6) A minimum two (2) inch layer of mulch shall be applied on all exposed soil surfaces of planting areas except in turf areas, creeping or rooting groundcovers, or direct seeding applications where mulch is contraindicated; For nonturf areas drip irrigation and nonoverhead spray methods shall be utilized; 7 , ( ) p (8) Irrigation control systems shall utilize rain sensors, either integral or auxiliary, that suspend irrigation during and after rainfall events; (9) Irrigation systems shall be designed to prevent runoff, low head drainage, overspray, or other similar conditions where irrigation water flows onto nontargeted areas, such as adjacent property, nonirrigated areas,hardscapes, roadways, or structures; (10) Spray irrigation shall be prohibited within twenty-four (24) inches of nonpermeable surfaces such as, but not limited to, concrete sidewalks and driveways. Allowable irrigation within the setback from nonpermeable surfaces may include drip, drip line, or other low-flow nonspray type of systems. The setback area may be planted or nonplanted. The surfacing of the setback may be mulch, gravel, cobles, or other porous material. These restrictions may be modified if the landscape area is adjacent to permeable surfacing, and no runoff occurs or the adjacent nonpermeable surface drains entirely to landscaped areas; 243 (11) Water features shall use recirculating water systems; (12) The architectural guidelines and codes, covenants, and restrictions of common interest developments shall not have the effect of prohibiting the use of low-water use plants or requiring turf grass in landscaped areas, (13) The Building Official shall have the authority to grant modifications to subsections (1) through (12) for individual cases provided that the Building Official first finds that the modification is in compliance with the intent and purpose of this chapter and that such modification does not create water waste or additional water use than would be created if subsections (1) through (12) were implemented. (b) Commercial and industrial projects shall comply with the following turf limitations: (1) The area planted in turf grass and irrigated with spray irrigation shall be limited to ten (10) percent of the development's landscapable area or two thousand five hundred (2,500) square feet, whichever is less. (i) Exceptions. This section does not apply to cemeteries, plant collections as part of botanical gardens and arboretums open to the public, City and public parks, and school sports fields. (c) Single-family residences shall comply with the following turf limitations: (1) Turf grass installed with spray irrigation on residential lots shall be limited to twenty-five (25) percent of the landscapable area or two thousand five hundred (2,500) square feet, whichever is less. (d) Multifamily projects and residential subdivision tracts shall comply with the following turf limitations: (1) Turf grass installed with spray irrigation on individual residential lots shall be limited to twenty-five (25) percent of the landscapable area or two thousand five hundred (2,500) square feet, whichever is less. (i) Landscape area for new residential subdivisions will be calculated on an individual lot basis as each lot develops, not a total of landscape areas prior to subdivision. (2) Turf grass in common outdoor areas (including landscape and lighting district areas) shall be limited to ten (10) percent of the landscapable area. (i) The ten(10)percent limitation shall be exclusive of areas designed as active play surfaces (e.g., ballfields, playgrounds, picnic areas). All other common landscape within the 244 subdivision or multifamily project will be designed under one (1) permit subject to the maximum turf limitations. (ii) Active play areas open to the public are exempt from this provision. (e) Model homes shall comply with the following: (1) Turf grass shall be prohibited in the front yards of model homes, and shall be limited to fifty (50) percent of the landscapable area in back and side yards, or two thousand five hundred (2,500) square feet, whichever is less. (2) Model homes shall be used to educate future home owners about water efficient landscape and irrigation techniques. Education features for model homes shall include: (i) The installation of interpretive landscape information signs that describe the principles of water efficient landscapes including features such as hydrozones, appropriate irrigation equipment and others techniques that contribute to the overall water efficient irrigation theme. (ii) Information shall be provided to new home owners that include techniques on designing, installing, managing, and maintaining water efficient landscapes. (f) Rehabilitated landscapes shall comply with the following: (1) Rehabilitated landscapes shall comply with the turf limitations and water use standards as outlined in subsections (a) through (e), as appropriate to the property type. (2) Landscape plans for rehabilitated landscapes shall be reviewed for compliance with the standards when proposed or required as part of a building or grading permit, discretionary review, and/or when required by Section 8-8.105. (Ord. 548 § 2, 2010) 8-910.105 Requirements for landscaped areas equal to or greater than one (1) acre. (a) Projects that have a landscape area equal to or greater than one (1) acre shall meet the following requirements: (1) Project shall comply with all of the items identified in Section 8-8.104. (2) Weather-based irrigation controllers, soil moisture-based controllers, or other self- adjusting irrigation controllers shall be required for irrigation scheduling. (b) The following documents and plans shall be submitted prior to the issuance of a building permit for the associated project(please refer to the Landscape and Irrigation Design Guide for specific forms and criteria). 245 Compliance with landscape documentation package which includes completion of the following items: (1) Project information, (2) Water efficient landscape worksheet; (3) Soil management report; (4) Landscape design plan; (5) Irrigation design plan; (6) Grading design plan. Note: the landscape area for new residential subdivisions will be calculated on an individual lot basis as each lot develops, not a total of landscape areas prior to subdivision. Therefore, generally a residential subdivision will not require an LDP for individual lot landscaping. However, if the common landscape areas within the subdivision, multifamily project, or landscape and lighting district total one (1) acre or greater, an LDP for those areas shall be completed under a single permit. (c) The following documents and plans need to be completed and the landscape and irrigation project shall be installed prior to the issuance of a certificate of occupancy or building permit final for the associated project (please refer to the Landscape and Irrigation Design Guide for specific forms and criteria). Certificate of completion which includes documentation of the following items: (1) Irrigation scheduling; (2) Landscape and irrigation maintenance schedule; (3) Irrigation audit, irrigation survey and irrigation water use analysis; (4) Irrigation efficiency; (5) Stormwater management. (Ord. 548 § 2, 2010) Chapter 9 RESERVED Chapter 10 UNREINFORCED MASONRY 8-1011.101 Modifications to the California Existing Building Code. (a) Adopt Appendix Al 246 (0(b) 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. { c) 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. F0(d) Add Appendix Section A115 entitled "Administrative Provisions" to read as follows: SECTION A115 ADMINISTRATIVE PROVISIONS A115.1 Rating classifications. The rating classifications shown in Table Al 15.1 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 Building Class 247 Type of Building Class Essential Building I High Risk Building II A115.1.1 General requirements. 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 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 pennit, commence and complete the required construction within the time limits set forth in Table A115.1.1. TABLE A115.1.1 TIME LIMITS FOR COMPLIANCE Deadline for Building Permit Rating Occupant Submission of Issuance Deadline From Date of Permit Issuance Classification Load Rehabilitation for Strengthening 248 Pians or Demolition Complete Commence Within Within I Any January 1. 2005 January 1, 2005 180 days 3 vears 11 Any January 1. 2005 January 1,2005 180 days 3 years 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. 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 is a potentially earthquake uake a the subject building is within the scope of this chapter and p y 1 statin- that � b p 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 249 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 Al 15.1, 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 the International Property Maintenance Code. 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. (Ord. 520 § 1 (part), 2007) Chapter 44-12 POST-DISASTER REGULATIONS 8-4412.101 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. (Ord. 520 § 1 (part), 2007) 8-112.102 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. (Ord. 520 § 1 (part), 2007) 8--112.103 Definitions. SAFETY ASSESSMENT. A visual, nondestructive examination of a building or structure for the purpose of determining the condition for continued use. (Ord. 520 § 1 (part), 2007) 8-1412.104 Placards. (a) The following official placards shall be used to designate the condition for occupancy of buildings or structures: 250 (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 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. (Ord. 520 § 1 (part), 2007) 251 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: ATASCADERO MUNICIPAL CODE TITLE 4 Chapter 7 FIRE CODE 4-7.201 Title. 4-7.107 Adoption of Fire Code and Wldland-Urban Interface Code. 4-7.103 Modifications to the California Fire Code. 4-7.104 Modifications to the International Wildland-Urban Interface Cade. 4-7.101 Title. This chapter shall be kno-wri as the Cin"of:-itascadero File Code. D01 x2010s 4-7.102 Adoption of Fire Code and Wildiand-Urban Interface Code. Two(2)documents,three i'3 of-wHich are on file in Cit}-offices.identified b} the Seal of the Cita-of Atascaceio,marked and designated as the'fitia i Iri:Editicn of the California Fire Code and the,, _20109 Edition ofthe:International LX`iBland-C rban Inte,-face Cade published by the International Code Council are hereby adopted,including chapter3 and sections not adopted by agencies of the State of California-and including appendices thereto;as the Fire Prevention 1 eeulations of the City of ktascadero.The provisions of such are hereby referred to,adopted,and fmade a part hereof as if full-set out in this chapter ericept as modified hereinafter. 4-7.103 Modifications to the California Fire Cade. (a)Delete.appendix Chapters A avid-D: bAdot.t A pend D ivitl out Table D I 03 and F i7ue DI,) emend Appeny,7C a?ter I Div isionE_Section 101.1 to read as follows: 101.1 Title.These regulations shall be knoisn as th.e Fire Code ofAtascadera_hereinafter referred to as"this code*'. 252 �E 1 -kmend 4preadviiC 1934 + m F II {d} Add An-tei-r Chapter I Division TI-Section 10:7.1.4 to read as fbllows: 105.1.4 Construction permit consolidation.Construction permits required under appendix Section 105.7 maz,�be included with a construction permit issued by the building official under -Appen€--Chapter 1 of the Cal fortua Building Code.All applicable construction permit fees shall be included in the consolidated construction permit issued by the building official_ e r _�arrend -Ohapter„I Di r�}pry I-'-.Section 103-1 to rea l as iolle�:�-s: 108.1 Board of appeals established.hi order to hear and decide appeals of orders,decisions or detesnunations made by the fire code official relative to the application and interpretations of this coda_there shall be and is hereby-created a board of appeals. The board of appeals shall be the Citi•Council. The fire code official shall be an ex officio member and shall actas secretara,'to said board but shall have no vote upon any matter bef re the board The board shall adopt rules of procedure for conducting its busuuess. �fj =,mend Section 31 l.".2 by deletion of Exceptions l and 2. (g) Amend Section 503.1.1 to read as follows 503.1.1 Building and facilities.approved nue apparatus access roads shall be provided, for e,.-erE facility.building or portion of a building hereafter constructed of moved into or within the jurisdiction_The fire apparatus access road shall comphr u,-rth the,requirements of this section and shall extend v--ithm 15.0 feet(45,72Qnrrn)of all portions of the facility and all portions of the exterior ivalls of the first stop of the building measured by an approved route around the exterior of the building or facility. 253 II Exception:The fire code official is authorized to increase the dimension of 1-50 feet 4=,720 mm)wherei 1. Fire apparatus access roads cannot be installed because of location on propertm_ topography,watenyays:nonnegotiable grades or other similar conditions,and an approved alternative means of protection is piov ided. 2. "There are not more than nvo Group R or Group is occupancies- 01 ccupancies. flip Amend.Section 505.1 to read as follm s: 5041,1:address numbers.l e-w and existing buildings shall have approved address numbers, builditig numbers or approved building identification placed in a position that is plainly legible andvisible from the street or road fronting the property.All buildings ivith 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 M2 nun),high with a minimum stroke width of CI.D inch(1?_7 trim)or as othenvise determined necessan•by the fire code official. (i) Amend Sectionfir`zi - -12)to read as fo11ows Water tanks.'W'ater Tan s are:not permitted for private fire protection_ 254 CK)L) _mend.Section 609.2 and add Section 605.2.1 to read as follows: 609.2 Where required.A T-.pe 1 hood shall be installed at or above all commercial cooking appliances and domestic cooking appliances used for commercial purposes tn-at pro-duce grease vapors.Hood systems shall be tied into e.ristinL alarm systems. 6no.,. _ _. - �r�-r're;—�-e `'rd-a +tee,- + + f -.;r ..� w ,.;�:� x•�h��� �.�fgt�n e�ertifte=att�-o�p -tro�� v ��s�t��€�pl ���ilt -o-f�1�-e�r�t€ac�sarper�c�rnirr��ls�ta-.��:.. ��s��€�t� r���•t�ep�-c3fwEl�-�� ie���•kat3�-�s�it -���•� i �a#i -ts e-Ontain l tl3crein € r€i l 11 i l : 2. The name,a6dress and .7 Date an6 time oftses;ic-e. -I. Make,model aad mmufaett� 5. detailed list•Of all work c-ompl€+t t the•sustem(cleaniiazzi-s;replat�links_€t+ei�ar�?e f date f t mth ^�.-�"ne•eleaf�inesr cif-3lse�?e�el��±.�-associated al� atrccs. (4-) emend Section 4+01_?to read as follows: 901.7 Systems out of sen-ice.IVhere a required fire protection s<stein is out of service the fife code official shall be notified nuneciatel and,where required by the fire code official, the building shall either be evacuated or an approved fire"varch shall be provided for all occupants left unprotected by,the shu;down until the etre protection system has been retusrred to service, 255 it 1W- ere utilized.fire ,vatches shall be provided with at least one approved means for notification of the fire department and their only duty shall be to perfann constant patrols of the protected premises and,keep watch for tires_The person assigned to fire aaatch shall maintain a aa-ritten log of their actia-ities during their assigned shift and the log shall be provided to the fire code official upon request. _I,Delete Sections 403.2 through 903.2.1&Add new_5e irons 903.2 and 90 1,it©sgh 903-2-18 to read as follows- .90-1." - 404.'_It-VIiere r{er{eau reds,?n approved automatic fue sonr€hler sz stein shall be Installed 1 Throughout all neav-buildir>es_ Exceptions- 1 Buildings contauung Groups B and M occupancies aahere floor area i3 not more than500 square feet{46 43 m`)and located not less than 10 feet from adjacent bu'Idings on the.same properts..._an�l,ngt,less than 5 feet from adlacentgrapgrty, linen- �. Buildings containin r up L?ac arrc€es�a here t1�cr area is less than l... 00 ..v . _.a _.- square feet X32.9 in")and located not,less than 10 feet from adjacent buildings on the same property and not less than 5 Meet from adjacent propemt lines-unless part of a m€%ed-occupancy building contaiT ng a Group R Dra-rsion 3eccupanca Throughout an e, ti g builduag,gthg!Fiat a C qqp 1�I3f, sign 3 .eulaati ±,or,a L occupancy-avhen accessory to a Group Division 3 occupancy whenever additions exceed ten 101 percent of the total floor area of the existing building and the total combined Moor area will exceed 2,1000 square feet 18� 3m i or a second strata or ung ter„it awed or the o„.cupc €s changed t a;male.,hazardous use_. Throuehout an eristin i Group 1, Diidsion a occupancv or aGroup LF occupancy--when accessory to a Group Pi Division 3 occupancv whenever additions exceed ten In rcent oftlte t ataldoer _area c�fthe exrstiilL-_btutcling aalc3 iiia rLtal combined floor area will exceed 5 000 souate feet(195_8 m2) Eiceptions 5 1 Group Fi Div,ts-ion 3 occupancies where,the total combined floor area will not exceed 3.000 square feet(278.7 m'). ? Group B and iii occupancies whenever sm?le or multiple additions ca ll not exceed 1,000 square fe9t'9'9 m2)bed the size of the structure on the effective date of this regulation or the_total combined float,area v,111 net 256 added,and theoccupanqN �is not.changed,to a mcie hazardous use. 4- When occupancy change increases fire mk or hazard (n)Add section 903.2.1 Fire Sprinkler,Hazard Categories to read as 901.2.L Fire Sprinkler Hazard Categories. Hazard caltg " in regard to fire al ones I sprinkler system ie�rurement.s shall be in accordance with Table 903,2.1. Table 903 .1 Fire Sprinkler System Relafiye Hazard Fire Sprinkler System Relative Hazard Categories Relative Hazard Occmnangy Classifications A,F-1,R-1,R-2,R-3.1,R-4,I _F-2R-3 F 3- in additions to existing buildings equipped with an automatic fife sprinkler s",em- fic,or area withiq-!he inge alai-sh I b-e---ro—n eyed--a---s---- .gpe, &g An automatic fire sprinkler system need not be installed in spaces or areas in teitc-ci=unications bulldingms used euxclusivelly for tejeonmnun�icaticjns�pWVT—ent,associated elec.-Ificalpowe" distribution equipmentbatterieg and standby engines,prknnde-d those spaces pr areas are d tI ')u-;houl -,,t oft � h din a, hour _r,_ rated floor dila i�_asstnlse 903.2 General.An automatic s-%,-stem shall be installed ai--utwbuildiAgs,as set,forth in Section 903-2 of the California Bufldin2 Code as amended in Section 5-3101 of the Atascaderc,-MunIcIpal Code. 257 Section 903.2.3 through Section 903.2.10.3 not used, Text continues with Section 903-2.11. (n)Lpf Add Section 904.11.4.E to read,as follows: 904.11.4.2 Wood or wood product fueled cooking.All commercial-t-vp e cooking tq-pipment using,ivood or wood products as fuel shall be protected by an automatic sprinkler system :within the liood and the duct work.I'lie water suplily rnnt he provided from the buddingy's fire sprinkler system-or the domestic water supply-The minimum Dater flow calculation shall be 18 gallons,per minute(69 Ipm)at 7 psi for each head.There shall be a separate control valve for the fire sprit ler system protecting the commercial-tme cooking eclinprnent- Amend Section 90-4-11 to read as folloivs: 904.11.6.4 Extinguishing system.service.Automatic fire-extinguishing systems shall be serviced in accordance with the manufacturer's specifications and the CafiCornia State Fist klarshal*s Standards at [east every 6 niontlis and after activation of the system- Sen-ice shall be bv licensed mid qualified individuals,and a certificate of Inspection shall be fon-v'Udtd to the fire,code official as set forth in section A,09.=_1. Add Sections 907.2 C I — f-1 through 90710.5-3 to read as follows: 90;7.20.54 .9.5.r)False alarm&The fire code official is authorized to seek cost recoven- for a fire depart-nent response to an alarm sy5teni actrVation which is determined to be a false alarm caused by systern malftinction.system misuse or other non-einergencv causes. _L22:;.Q.5.2_False alarm frequency.The cost recm-M-fee vall be charged,for all responses after the,second false alarm in a calendar rear. 258 I907.20.5J (907.9,-5,31 False alarm fee. The amount of the cost recover-fee Nvill be as set forth in the City-of Atascadero User Fees Schedule Additional fees may be chaiged for extraordinary circumstances. �.- ,.'"�¢usi"V,..F,�.r� file _ !i pmF ....�.� �...... .... �, �YYa?"cr�'YizYtYIY£2 •- , "Beh Re i the deer ept'f!011.1.3 ReeF 142vel @34t�i43 r iag c k ,be illueitiRst@d EF, sem it r cc vas 1 of 11 r In i 1 ra 10114- (r) ? ti(r) .add:Section 1411.3 to read as fo110-ws: 1411.3 Temporan,exit signage.All bu:ldings under construction or under-Zoiizg demohtion. shall be provided with temporary exit signage when any one or more of the followIT19 conditions are present- v 1. The building is 1_:,Ooo square feet,or lamer. 2_ kVhen iii the Opinion of the fire code official,exit signage is ne:cessar-due to the design of the building or either unusual circumstances are present. The location and design of the exit signs shall be determined b-v the fire code official.. 259 ;s) Amend Section 141_.1 to read as follows: 1415.1 Where required.Structures under construction.alteration or demolition shall be provided with nct less t'iaa.one approved portable fire extinguisher 1T.1 accordance with Section 906 and sized for not less than orcl man hazard as follows: 1. kt each sta.L—rway on all floor levels where combustible materials have accumulated. 1. In every storage and construction shed. 3. Additional portable Fre extinguishers shall be provided where special hazards exist; including;but not ltrtn ted to.the storage and use of flammable acid combustible liquids.. 4. Throughout the building under construction in sufficient quantity.so travel distance does not exceed"v feet. S. The nun naum rating for fire extMguishers shall be 2A 1 CBC. 1(3id. =_t' "(part) _Ut1") 4-7.1114 Modifications to the:International Wildland-Urban Interface Cade. (a) Delete A ppeneix C.E and C. (b) Amend Section 101.1 to read as follows: 101:1 Title.These reg-ulation-s shall be known as the Wildland-Urlxan Interface Code of the ON,of Atascadcro.hercinaf(ct reFcJTCd 10,15"(his cock."Re[cre n"s throughout this code it, the International Building Code shall mean California Building Code.References throuflhcut this code to the International Fixe Cade shall mean.California Building,Cade. 260 i (c) add Section 101.1-1 to read as folloiv3: 101.1.1 Code official designated—For or the purposes of this code,the code official scall be the fire code official or building official as establishedin the building construction anal fire codes adopted by the City. (d) Amenc Section 10+_1 to read as follwa-s_ 104.1 CeneraL To determine the suitability of alternate inaterials and inetho cis and to prosicte for reasonable interpretations of the provisions of this code,there shah be and hereby is created a Board of appeals,The board of appeals shall be the Ciel, Council.Tire 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 it&itive:stieations and shall render decisions and findings in wi-riting to the code official,.-with a duplicate cope to the applicant. (e) Amend Section 1+J8 to be titled CERTIFICATE OF 0CCLT—NCY and amend section 108.1 to read as follcow ;� 105.1 General-certificate of occupancl;shall not be issued by the building official until the code official determines that the project is in com-10 nce��a,itli this code. (f) _=mend Section 3 02.1 to read as follows-1 302.1 Declaration.Wildland-Urban Interface areas shall b?established b• the Fire Hazard Severity Zones designated by the State of California or as declared by the Cit+;`C01-Mcil. (gl Amend Chanter 5 to react as follows S ctron, i„ C hater .,is deleted ori its,entrret ,,Igni#zosi„P�esz taut Gpnst ctipri shall„b as set forth.rrz Chap#ei 1 A the GaliYomra lizldln�Cade as,asr�zzu2 ur, ? tion 8-3.1O0I of the 4tascaderalunci ale. 261 4 _ er an covenngs t t C 506-2 - g as f 1f :�-�.rc � g�s��-s�$a•��-��a -aha. E-�ass�-��- ::•��-�:��-��-:� �� r a ap a i a� s r o-t=c - s� -F r r f ;a cr• lam-the-pr l �IG 6- a space betwtert-the foof cowrirra arra eeeeking,the-spact-at-tale eavc.'enfia-s4la.1 pre ira€1e rttr ef-flames,•csr De4eteC a r le-204-0 CaliAmia$ui1 � ha# •ate�taa r ter$t +��ti�+�•�-3:•IS31�f•t�e:�#�seadr��a�f�r�ea1•��le 262 I NTRODUCED 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: ATTEST: CITY OF ATASCADERO Marcia McClure Torgerson,C.M.C., Roberta Fonzi Mayor City Clerk APPROVED AS TO FORM: Brian Pierik, City Attorney 263