HomeMy WebLinkAboutOrdinance 575 CERTIFICATION
1, Marcia McClure Torgerson, C.M.C., City Clerk of the City of Atascadero, hereby
certify that the foregoing is a true and correct copy of Ordinance No. 575, adopted by the
Atascadero City Council at a regular meeting thereof held on November 12, 2013, and that it has
been duly published pursuant to State Law.
DATED: c�- ---(�,,r 1 I
Marcia McClure Torgerson, C.M.C.
City Clerk
City of Atascadero, California
ORDINANCE NO. 575
AN ORDINANCE OF THE CITE' COUNCIL
OF THE CITE' OF ATASCADER , CALIFORNIA, AMENDIN
CHAPTER 2 "TRAFFIC:` REGULATION),
CHAPTER 6 (SIDEWALK AND STREET MAINTENANCE),
AND REPEAL AND REPLACE CHAPTER 7 (FIRE CODE)
F TITLE 4 PUBLIC SAFETY CODE
OF THE ATASCADERO MUNICIPAL CODE
The City Council hereby finds and declares as follows:
WHEREAS, it is the desire and intent of the City Council to provide residents with
common sense reform to the City's Municipal Code to reduce regulations; and
WHEREAS, the City Engineer has reviewed applicable sections of Title 4 and has
determined section need to be modified for consistency with State Law; and
WHEREAS, the City Fire Marshall has reviewed applicable sections of Title 4 and has
determined section need to be modified for consistency with State Law; and
WHEREAS, provisions codified in this title are adopted to implement and supplement the
Streets and Highways Code as it exists and as it may be amended from time to time;and
WHEREAS, it is the desire and intent of the City Council of the Atascadero to provide
citizens with the greatest degree of fire, life and structural safety in buildings in the most cost
effective manner by adopting that body of regulations referred to as the California Building
Standards Code with amendments specific to the City of Atascadero; and
WHEREAS, the California Health and Safety Code, Section 17958.5 and Section
18941.5, require the City Council, before making any modifications or changes to the California
Building Standards Code pursuant to Health and Safety Code Sections 18941.5 and 17958.5, to
make an express finding that each such modification or change is needed; and,
WHEREAS, 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 City Council of the City of Atascadero, at a duly noticed Public Hearing
held on November 1.2, 2013, 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,
City of Atascadero
Ordinance No. 575
Page 2 of 11
NOW THEREFORE, THE CITY COUNCIL. OF THE CITE' OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
S:
SECTION 1. Chapters 2 and Chapter 6 of Title 4 of the Atascadero Municipal Code is
amended to read as follows:
Chapter 2 TRAFFIC REGULATION
,article 11. Stopping, Standing or Parking Prohibited in Specified Places
4-2.1101`traffic Engineer to designate no stopping zones and no parking areas.
(a) The Traffic Engineer,as authorized to determine the location of no stopping zones and no
parking areas, shall place and maintain appropriate signs or markings indicating the same
and stating the hours during which the provisions of this article are applicable.
(b) No stopping zones and no parking areas shall be indicated by redpaint upon the top of all
curbs or by no parking signage in said zones and areas.(Ord. 34 §4-3.1101, 1980)
Chapter 6 SIDEWALK AND STREET EDGE MAINTENANCE AND IMPROVEMENT
4-6.05 Notice to repair.
(a) Notice to Repair. When any portion of a street or sidewalk is out of repair, obstructed or
pending reconstruction and in condition to endanger persons or property or in condition
to interfere with the public convenience is hereby declared a nuisance as defined in
Atascadero Municipal Code Section 9-8.106.The City Engineer or his duly authorized.
representative may notify the owner or person in possession of the property fronting on
that portion of such sidewalk to repair the sidewalk according to the City's Standard
Specifications and Drawings.
(b) Service of Notice.Notice to repair any portion of a sidewalk may be given by delivering
a written notice personally to the owner or to the person in possession of the property out
of repair,or by mailing a postal card,postage prepaid,to the person in possession of such
property,or to the owner thereof at his/her last known address as the same appears on the
last equalized assessment rolls in the records of the county clerk.
(c) Posting of Notice. The postal card shall contain a notice to repair the property out of
repair,and the superintendent of streets shall immediately upon the mailing of the notice,
cause a copy of it printed on a card not less than eight inches by ten inches in size to be
posted in a conspicuous place on the property.
(d) Contents of Notice.The notice shall specify: (1)what work is required to be done;(2)
how it is to be done;(3)what materials shall be used in the repair and shall further
specify;(4)that if the repair is not diligently and without interruption prosecuted to
completion,the Superintendent of Streets shall make such repair,and the cost shall be an
obligation of abutting property owners so notified and such cost may be a lien.on the
City of Atascadero
Ordinance No. 575
Page 3 of 11
property. In lieu of posting a copy of the mailed notice on the property,the Public Works
Department may, not less than seven days nor more than ten after mailing of the first
postal cardnotice,mail an additional postal card, postage prepaid,marked"Second
Notice"to the person to whom the first postal card was addressed.The second notice
shall contain the material required by this chapter,but shall not extend the time for
commencing repairs.(Ord.342 §5, 1998)
4-6.06 Repair by Public Works Department.
If the repair is not commenced and prosecuted to completion with due diligence,as required by
the notice,the Public Works Department may forthwith repair the sidewalk.Upon the written
request of the owner of the property facing the sidewalk or the private roadway so out of repair,
as ascertained from the last equalized assessment roll of the City,or as shown in.the records of
the office of the Clerk,the Public Works Department may repair any other portion of the
sidewalk fronting on the property that is designated by the owner. The Public Works Director
shall have the power to prescribe the form of the written request.The cost of the repair work done
by request pursuant to this section shall be a part of the cost of repairs for which,pursuant to this
chapter, subsequent notices are given,hearings held and assessment and collection procedures are
conducted.(Ord.342 § 6, 1998)
4-6.07 Notice, report and hearing.
(a) Upon the completion of repair,the City Engineer or his duly authorized representative
shall cause notice of the cost of repair to be given in the manner specified.in this chapter
for the giving of the first notice to repair,which notice shall specify the day,hour and
place where the City Council shall hear and pass upon a report by the Public Works
Department of the cost of repair,together with any objections or protests,if any,which
may be raised.by any property owner liable to be assessed for the cost of repair and any
other interested person.
(b) Upon the completion of repair,the City Engineer or his duly authorized representative
shall prepare and file with the City Clerk a reportt specifying the repairs which have been
made,the cost of the repairs,a description of the real property or properties in front of
which repairs have been made and the assessment against each lot or parcel of land
proposed to be levied to pay the cost thereof.Any such report may include repairs to any
number of parcels of property,whether contiguous to each other or not.
(c) Upon the day and hour fixed for the hearing,the City Council shall hear and pass upon
the report of the City Engineer or his duly authorizedrepresentative,together with any
objections or protests which may be raised by any of the property owners liable to be
assessed for the work of making such repair and any other interested persons.Thereupon
the City Council may make such revision,correction or modifications in the report as it
may deem just,after which,by motion or resolution,the report as submitted,or as
revised,corrected or modified,shall be confirmed.The City Council may adjourn the
hearings from time to time. The decisions of the City Council on all reports,protests and
objections that may be made shall be final and conclusive.(Ord.342 § 7, 1998)
City of Atascadero
Ordinance No. 575
Rage 4 of 11
4-6.08 Assessment,, notice of lien, recordation.
(a) The cost of repair may be assessed by the City Council against the parcel or parcels of
property fronting upon the sidewalk upon which such repair was made. Such cost so
assessed, if not paid within five days after its confirmation by the City Council,shall.
constitute a special assessment against that parcel of property, and shall be a lien on the
property for the amount thereof which lien shall continue until the assessment and all
interest thereon is paid, or until it is discharged of record.
(b) The City Engineer or their duly authorized representative may file in the office of the
County Recorder of San Luis Obispo County,a certificate in the form prescribed by
Streets and Highways Code Section 5626 as it exists today,or as modified in the future.
Alternatively the City Engineer or their duly authorized representative may pursue
recovery of the assessed costs,which are declared a personal obligation of the abutting
owner, in a civil.court of competent jurisdiction.
(c) From and after the date of the recording of the notice of lien,all persons shall be deemed
to have had notice of the contents thereof. The notice of lien.may include claims against
one or more separate parcels of property,whether contiguous or not,together with the
amount due,respectively, from each such parcel. (Ord.342 § 8, 1.998)
4-6.10 Alternative procedure.
This chapter constitutes a separate and.alternate procedure for performing the work specified
herein. It is not the exclusive method of the City to require repairs or for collection of the cost of
those repairs.The Enforcement Officer may,at the request of the City Engineer or his duly
authorized representative, initiate and complete proceedings to abate such nuisances as provided
for in Municipal Code Section 9-8.107.(Ord. 342 § 10, 1998)
4-6.11 Criminal penalties and additional legal relief.
(a) It is unlawful for any person to fail or refuse to comply with a notice of repair sent by the
City Engineer or his duly authorized representative.Any person who fails to comply with
the notice and finish repairs within sixty days of the mailing of a first notice to repair is
guilty of a misdemeanor and may be punished by a fine not to exceed five hundred
dollars($500.00)or by imprisonment not to exceed sixty days in the county jail,or both,
in the discretion of the court.
(b) Nothing herein shall prevail or restrict the City from taking such other lawful action as is
necessary to prevent or remedy any violation or noncompliance. Such other lawful
actions shall include,but not be limited to,an action for injunctive relief or an action at
law for damages. All remedies and penalties provided for in this chapter are cumulative
and independently available to the City and the City shall be authorized to pursue any and
all remedies set forth in this chapter to the full extent allowed by law.(Ord.. 342 § 12,
1998)
SECTION 2. All of Chapter 7, Fire Code within Title 4 of the City of Ataseadero Municipal
Code are hereby repealed and replaced by new Chapter 7, Fire Code as follows.
City of Atascadero
Ordinance No. 575
Page 5 of 11
CHAPTER 7 FIRE CODE
4-7.101 Title.
This chapter shall be known as the City of Atascadero Fire Code(2013).(Ord. 553 § 1,201.1)
4-7.102 Adoption of Fire Code and ildland-Urban Interface Code.
Two (2) documents, three (3) of which are on file in City offices, identified by the Seal of the
City of Atascadero, marked and designated as the(2013) Edition of the California Fire Code and
the 2012 .Edition of the International Wild.land-Urban Interface Code published by the
International Code Council are hereby adopted, including chapters and sections not adopted by
agencies of the State of California, and including appendices thereto, as the Fire Prevention
Regulations of the City of Atascadero.The provisions of such.are hereby referred to,adopted,and
made a part hereof as if fully set out in this chapter except as modified hereinafter(2010). (Ord.
553 § 1, 201.1)
4-7.103 Modifications to the California Fire Code.
(a) Delete Appendix Chapter A.
(b) Adopt Appendix D without Table D103.4 and Figure D103.4.
(c) Amend Chapter I, Division II, Section 10 1.1 to read as follows:
101.1 Title.These regulations shall be known as the Fire Code of the City of Atascadero,
hereinafter referredto as"this code."
(d) Amend Chapter I,Division 11, Section 108.1 to read as follows:
108.1 Board of appeals established. In order to hear and decide appeals of orders,
decisions or determinations made by the fire code official relative to the application and
interpretations of this code, there shall be and is hereby created a board of appeals. The
board of appeals shall be the City Council. The fire code official shall be an ex officio
member and shall act as secretary to said board but shall have no vote upon any matter
before the board.. The board shall adopt rules of procedure for conducting.its business.
(e) Amend Section 311.2.2 by deletion of Exceptions I and 2.
(f) Amend Section 503.1.1 to read as follows:
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided
for every facility, building or portion of a building hereafter constructed or moved into or
within the jurisdiction. The fire apparatus access roadshall comply with the requirements
of this section and shall extend within 150 feet(45,720mm) of all portions of the facility
and all portions of the exterior walls of the first story of the building measured by an
approved route around the exterior of the building or facility. Additionally, all roads and
driveways shall comply with Atascadero Fire Department standards F-1, F-2,F-3, F-4,F-
7 and F-8.
Exception: The fire code official is authorized to increase the dimension of 150
feet(45,720 mm)where:
City of Ataseadero
Ordinance No. 575
Page 6 of 11
1. Fire apparatus access roads cannot be installed because of location on
property, topography, waterways, nonnegotiable grades or other similar
conditions,and an approved alternative means of protection is provided.
2. There are not more than two Group R-3 or Group U occupancies.
(g) Amend Section 505.1 to read as follows:
505.1 Address numbers. New and existing buildings shall have approved address
numbers,building numbers or approved building identification placed in a position that is
plainly legible and visible from the street or road fronting the property.All buildings with
access via an alley or other similar roadways shall have the address number provided on
the rear door of the building or tenant space. Address numbers shall contrast with their
background. Address numbers shall be Arabic numerals or alphabet letters. Numbers
shall be a minimum of 4 inches(102 mm)high with a minimum stroke width of 0.5 inch
(12.7 mm)or as otherwise determined necessary by the fire code official. Where access is
by means of a private road and the building cannot be viewed from the public way, a
monument, pole or other sign or means shall be used to identify the structure. Address
numbers shall be maintained.
(h) Amend Section(507.2)to read as follows:
507.2.2 Water tanks.Water tanks are not permitted for private fixe protection.
(i) Amend Section 609.2 to read as follows:
609.2 Where required. A Type I hoodshall be installed at or above all commercial
cooking appliances and domestic cooking appliances used for commercial purposes that
produce grease vapors.Hood systems shall be tied into existing alarm systems.
(j) Amend Section 901.7 to read as follows:
901.7 Systems out of service. Where a required fire protection system is out of service,
the fire code official shall be notified immediately and, where required by the fire code
official,the building shall either be evacuated or an approved fire watch shall be provided
for all occupants left unprotected by the shut down until the fire protection system has
been returned to service.
Where utilized, fire watches shall be provided with at least one approved means for
notification of the fire department and their only duty shall be to perform constant patrols
of the protected premises and keep watch for fires. The person assigned to fire watch
shall maintain a written log of their activities during their assigned shift and the log shall
be provided to the fire code official upon request.
(k) Delete Sections 903.2 through 903.2.19. Add new Sections 903.2 and 903.2.3 to read as
follows:
903.2 Where required.An approved automatic fire sprinkler system shall be installed:
1. Throughout all new buildings.
Exceptions:
City of Atascadero
Ordinance No. 575
Page 7 of 11
1. Buildings containing Groups B and M occupancies where floor area is
not more than 500 square feet (46.45 m2) 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 Uoccupancies where floor area is less than
1,000 square feet (92.9 m2) and located not less than 10 feet from
adjacent buildings on the same property and not less than 5 feet from
adjacent property lines, unless part of a mixed-occupancy building
containing a Group R,Division 3 occupancy.
3. Group U occupancy buildings that are open on at least three sides and
not greater than 3,000 square feet.
2. Throughout an existing building other than a Group R, Division 3 occupancy 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.
3. Throughout an existing Group R, Division 3 occupancy or Group 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 5,000 square feet(1.85.8 m2).
Exceptions:
1. Group R, Division 3 occupancies where the total combined floor area
will not exceed 3,000 square feet(278.7 m2).
2. Group B and M. occupancies whenever single or multiple additions will
not exceed 1,000 square feet(92.9 m 2)beyond the size of the structure on
the effective date of this regulation or the total combined floor area will
not exceed 5,000 square feet (464.5 m2), provided a second story or
greater is not added.
903.2.1 When occupancy change increases fire risk or hazard. An automatic
sprinkler system shall be provided for Group A, B,E,F, M and S occupancies where one
of the following conditions exist in existing buildings when modification or tenant
improvements are being considered:
I. The fire area exceeds 5000 sq. ft. (464m2).
2. The fire area has an occupant load of 100 or more.
3. The fire area is located on.the floor other than a level of exit discharge serving A,
B,E,F, M and S occupancies.
4. The structure exceeds 5000 sq. ft. (464m2), contains more than one fire area
containing A, B, E, F, M and S occupancies and is separated into two or more
buildings by firewalls of less than four hour fire resistance rating without
openings.
City of Atascadero
Ordinance No. 575
Page g of 1.1.
Exceptions:
1. In A-5, F-1 and S-1 the CFC requirements will apply as follows;
An automatic sprinkler system shall be provided for Group A-5
Occupancies in the following areas: concession stands, retail areas,
press boxes and other accessory use areas in excess of 1000 square feet
(90m2).(CFC 903.2.1.5)
2. A Group F-1 Occupancy used for the manufacture of upholstered
furniture or mattresses exceeds 2500 square feet(232M2). (CFC 903.2.4,
4)
3. Woodworking Operations. An automatic sprinkler system shall be
provided throughout all Group F-1 occupancy fire areas that contain
wood -working operations in excess of 2500 square feet in area which
generate finely divided combustible waste or which use finely divided
combustible materials.A firewall of less than four hour fire—resistance
rating without openings, or any firewall with openings, shall not be used
to establish separate fire areas. (903.2.4.1)
4. A Group S-1 occupancy used for the storage of upholstered furniture or
mattresses exceeds 2500 square feet(232M2).(903.2.9, 5)
5. Any commercial occupancy, A, B, E, F, .M, and. S that is partially
converted to an R occupancy within the same building.
903.2.2. Additions to existing buildings equipped with an automatic fire sprinkler
system.For the purpose of requiring the automatic fire sprinkler systems specified in this
chapter, the floor area within the surrounding exterior walls shall be considered as one
building.
903.2.3.Telecommunication Buildings. An automatic fire sprinkler system need not be
installed in spaces or areas in telecommunications buildings used exclusively for
telecommunications equipment, associated electrical power distribution equipment,
batteries and standby engines, provided those spaces or areas are equipped throughout
with an automatic fire alarm system and are separated from the remainder of the building
by fire barriers consisting of not less than I-hour fire-resistance-rated walls and 2-hour
fire-resistance-rated floor/ceiling assemblies.
(1) Add Section 904.11.4.2 through 904.11.4.3 to read as follows:
904.11.4.2 Wood or wood product fueled cooking. All commercial-type cooking
equipment using wood or wood products as fuel shall be protected by an automatic
sprinkler system within the hood.and the duct work. The water supply may be provided
from the building's fire sprinkler system, or the domestic water supply. The minimum
water flow calculation. shall be 18 gallons per minute (69 1pm) at 7 psi for each head.
There shall be a separate control valve for the fire sprinkler system protecting the
commercial-type cooking equipment.
City of Atascadero
Ordinance No. 575
Page 9 of 11
904.11.4.3 Extinguishing system service. Automatic fire-extinguishing systems shall be
serviced in accordance with the manufacturer's specifications and the California State
Fire Marshal's Standards at least every 6 months and after activation of the system.
Service shall.be by licensed and qualified individuals, and a certificate of inspection shall
be forwarded to the fire code official as set forth in Section 609.2.1.
(m) Add Sections 907.8.1 through 907.8.3 to read as follows:
907.8.1 False alarms. The fire code official is authorized to seek cost recovery for a fire
department response to an alarm system activation which is determined to be a false
alarm caused by system malfunction,system misuse or other non-emergency causes.
907.8.2 False alarm frequency. The cost recovery fee will be charged for all responses
after the second false alarm in a calendar year.
907.8.3 False alarm fee. The amount of the cost recovery fee will be as set forth in the
City of Atascadero User Fees Schedule. Additional fees may be charged for extraordinary
circumstances.
(n) Add Section 1011.9 to read as follows:
1011.9 Temporary exit signage. All buildings under construction or undergoing
demolition shall be provided with temporary exit signage when any one or more of the
following conditions are present:
1. The building is 15,000 square feet or larger.
2. When in the opinion of the fire code official, exit signage is necessary due to the
design of the building or other unusual circumstances are present.
The location.and design of the exit signs shall be determined by the fire code official.
(o) Amend Section 3315 to add subsection 4 through 5:
4. Throughout the building under construction in sufficient quantity so travel
distance does not exceed 75 feet.
5. The minimum rating for fire extinguishers shall be 2AIOBC.
(Ord. 553 § 1,2011)
4-7.104 Modifications to the International Wildland-Urban Interface Code.
(a) Delete Appendix C,E and G.
(b) Amend Section 10 1.1 to read.as follows:
101.1 Title. These regulations shall be known as the Wildland-Urban Interface Code of
the City of Atascadero, hereinafter referred to as "this code." References throughout this
code to the International Building Code shall mean California Building Code. References
throughout this code to the International Fire Code shall mean California Building Code.
(c) Add Section 1.01.1.1 to read as follows:
101.1.1 Code official designated.For the purposes of this code,the code official shall be
the fire code official. or building official as established in the building construction and
fire codes adopted by the City.
City of Atascadero
Ordinance No. 575
Page 10 of 11
(d) Amend Section 104.1 to read as follows:
104.1 General. To determine the suitability of alternate materials and methods and to
provide for reasonable interpretations of the provisions of this code, there shall be and
hereby is created a board of appeals. The board of appeals shall be the City Council, The
building official and fire code official shall be ex officio members, and shall act as
secretary of the board. The board shall adopt reasonable rules and regulations for
conducting its investigations and shall render decisions and findings in writing to the
code official,with a duplicate copy to the applicant.
(e) Amend Section 108 to be titled Certificate of Occupancy and amend Section 108.1 to
read as follows:
108.1 General. A certificate of occupancy shall not be issued by the building official
until the code official determines that the project is in compliance with this code.
(f) Amend Section 302.1 to read as follows:
302.1 Declaration. Wildland-Urban Interface areas shall be established by the Fire
Hazard Severity Zones designated by the State of California or as declared by the City
Council.
(g) Amend Section 308.1 to read as follows:
308.1.6.3 Sky lanterns.No person shall release or cause to be released an untethered sky
lantern.
(h) Add new definition as follows to section 202:
SKY LANTERN. An unmanned device with a fuel source that incorporates an open
flame in order to make the device airborne.
(i) Amend Chapter 5 to read as follows:
Section 501. Chapter 5 is deleted in its entirety. Ignition Resistant Construction shall be
as set forth in Chapter 7.A of the California Building Code as amended in Section 8-3.101
of the Atascadero Municipal Code.
Adopt all appendix sections except appendix J
(Ord. 553 § 1, 2011)
4-7.105 Adoption of Design Requirements for Roof Mounted Photovoltaic Electrical
Generation Systems.
(a) The Fire Chief shall approve standards for the installation of roof mounted photovoltaic
electrical generations systems.
(b) The installation of all roof mounted photovoltaic electrical generations shall be consistent
with the adopted standards.
City of Atascadero
Ordinance No. 575
Page 11 of 11
SECTION 3.:A summary of this ordinance, approved by the City Attorney, together with the
ayes and noes, shall be published twice: at least five days prior to its final passage in the
Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before
the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper
published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall
be on file in the City Clerk's Office on and after the date following introduction and passage and
shall be available to any interested member of the public.
INTRODUCED at a regular meeting of the City Council held. on November 12, 2013, and
PASSED and ADOPTED by the City Council of the City of Atascadero, State of California, on
December 10, 2013, by the following roll call vote:
AYES: Council Members Fonzi, Kelley and Morena, Mayor Pro Tem Sturtevant and
Mayor O'Malley
NOES: None
ABSTAIN: None
ABSENT: None
CITVVZ ATA ERO
By:
Tom O' ey, Mayor
ATTEST: .
,,,,,.)dvt�.& �� / ---- ___
Marcia McClure Torgerson,C.M.C., City erk
APPROVED N O FORM:
la-
Brian Pierik, City Attorney