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HomeMy WebLinkAboutOrdinance 576 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. 576, 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: )iu-IL�AL Marcia McClure Torgerson,C.M.C. City Clerk City of Atascadero, California ORDINANCE NO. 576 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA REPEALING TITLE 8 (BUILDING REGULATIONS) AND AMENDING TITLE 8 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 Ataseadero) The City Council hereby finds and declares as follows: WHEREAS, an application has been received from the City of Atascadero (6500 Palma Avenue, 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 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, City of Atascadero Ordinance No. 576 Page 2 of 51 WHEREAS,the City Council of the City of Atascadero, at a duly noticed Public Hearing held on November 12, 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, WHEREAS,the City Council hereby determines that Sections 701A.3.2, 903.2, 1011.1.1-1011.1.3, 1505.1, 1506.3.1 and 1802.2, and Appendix Sections JI 01.3, J101.4,J103.2, J108.1 and JI 10.2 of the 2013 California Building Code, Sections 710.1, 713.5, 717.0, 719.1 and Appendix Sections KI(A)of the 201.3 California Plumbing Code, Article 230-70(A)(1)of the 2013 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 2013 California Fire Code are required to be modified due to the findings contained herein to greater requirements than those set forth in the California State Building Standards; and, WHEREAS,the City Council finds that each of the changes or modifications to measures referred to therein are reasonably necessary because of local climatic, geological,or topographical conditions in the area encompassed by the boundaries of the City of Atascadero, and the City Council further finds that the following findings support the local necessity for the changes or modifications: 1. That the City of Atascadero is situated at the base of a watershed of the Santa Lucia Mountains and that flooding of Atascadero Creek, Graves Creek, and Salinas River results in conditions rendering fire department vehicular traffic unduly burdensome or impossible as witnessed in major floods that occurred in 1952, 1961, 1969, 1973, 1978, 1982, and 1995. Furthermore, flood conditions described above create the potential for overcoming the ability of the fire department to aid or assist in fire control, evacuations,rescues and other emergency task demands inherent in such situations. The resulting overburdening of fire department personnel may cause a substantial or total lack of protection against fire for the buildings and structures located in the City of Atascadero. The afore-described conditions support the imposition of fire protection requirements greater than those set forth in the California State Building Standards Code and, in particular, support the imposition of greater requirements than set forth in Sections 701A.3.2, 903.2, 1011.1.1-1011.1.3, 1505.1, and 1506.3.1 of the 2013 California Building Code, Article 230-70 of the 2013 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 2013 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 City of Atascadero Ordinance No. 576 Page 3 of 51 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 2013 California Building Code, Article 230-70 of the 2013 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 2013 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 2013 California Building Code,Article 230-70 of the 2013 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 2013 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 City of Atascadero Ordinance No. 576 Page 4 of 51 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 2013 California Building Code, Article 230-70 of the 2013 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 2013 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 2013 California Building Code,Article 230-70 of the 2013 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 2013 California Fire Code. 6. That for the most part,the soils in the City of Atascadero are medium to highly expansive in nature, and such soils may cause damage to foundations, structures and underground utilities if not properly mitigated through known construction techniques. Furthermore, a significant part of the City lies on hills and rolling topography subject to earth slides and movements and present problems to developments constructed in such areas due to surface water drainage and disposal. The above-described conditions support the imposition of requirements greater than those set forth in the California State Building Standards Code and, in particular, support the imposition of greater requirements than those set forth in Sections 1802.2, and Appendix Sections J101.3,J101.4,J103.2,J108.1 and J110.2 of the 2013 California Building Code, Sections 710.1, 713.5, 717.0, 719.1 and Appendix Section KI(A)of the 2013 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, City of Atascadero Ordinance No. 576 Page 5 of 51 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 1.7958.7. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCAIIERO HEREBY ORDAINS AS FOLLOWS: SECTION 1. All Chapter of Title 8 of the City of Atascadero Municipal Code are hereby repealed and replaced by new Title 8 as follows. Chapter 1 ADMINISTRATIVE 8-1.101 Title. 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, Ten(10)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. 2013 Edition of the California Building Code(Volumes 1 and 2) published by the International Code Council 2. 2013 Edition of the California Residential Code published by the International Code Council 3. 2013 Edition of the California Electrical Code published by the National Fire Protection Association 4. 2013 Edition of the California Mechanical Code published by the International Association of Plumbing and Mechanical Officials 5. 2013 California Plumbing Code published by the International Association of Plumbing and Mechanical Officials 6. 2013 Edition of the California Green Building Code 7. 2013 Edition of California Energy Code 8. 2013 Edition of the California Historical Building Code 9. 2013 Edition of the California Existing Building Code 10. 2012 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) City of Atascadero Ordinance No. 576 Page 6 of 51 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 § 1 (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 lI of the California Building Code as adopted in Chapter 1 of this title and amended in this chapter. (Ord. 520 § 1 (part), 2007) 8-2.102 Modification of Chapter 1, Division II. (a) Amend Section 103.1 to read as follows: 103.1 Creation of enforcement agency.The Building Services Division is hereby created and the official in charge thereof shall be known as the building official. (b) Amend Section 105.1 and add 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,or re-grade,re-pave,re-surface, re-stripe or otherwise alter a parking facility,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 City of Atascadero Ordinance No. 576 Page 7 of 51 applicable codes shall be substantiated by a California licensed architect or engineer. (c) Add Section 105.2.4 to read as follows: 1. One story detached accessory structures used as tool and storage sheds, playhouses and similar uses, exempt from a building permit under Section 105.2 may not exceed 16 ft in total height. 2. In residential one and two family dwellings,decks not exceeding 200 sq ft (18.58m2) in area,that are not more than 30 inches(762mm) 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 Section 105.3.2 to read as follows: 105.3.2 Time limitation of application. I. Expiration of Application. Applications for which no permit is issued within 180 days following date of notification 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. 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. City of Atascadero Ordinance No. 576 Page 8 of 51 Refunds will not be processed for applications and/or permits that have been suspended or revoked, or that have expired due to limitation. �. Dormant building permit application one-tune-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 December 31,2014. 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. 4. Dormant building permit application one-time-only blanket extension with projects using City approved Stock Plans.For projects meeting the requirements of the City's Dormant Permit Program, and whose stock plans have been updated to the 2010 California Building Code and 2010 California Residential Code AND has for construction permit applications on file must secure said permits by the end of the calendar year 2014 or current code stock plan update is required. (e) Amend Appendix Section 105.5 to read as follows: 1.05.5 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. City of Atascadero Ordinance No. 576 Page 9of51 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. (f) Amend Section 109.4 to read as follows: 109.4 Work commencing before permit issuance.Any person who commences work on a project regulated by this code before obtaining necessary permits shall be subject to the following investigative fee: 1. first offense: $100.00 investigative fee. 2. Second offense: $250.00 investigative fee. 3. Third offense: An investigative fee equal to the amount of the required permit fee, with a minimum of$500.00. The payment of such investigative fee shall not exempt any person from compliance with all other provisions of this code nor from any penalty prescribed by law. (g) Amend Appendix Section 113 to read as follows: BUILDING CODE APPEALS HEARING OFFICER 1.13. General.In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of this Code,there shall be and is hereby created a Building Code Appeals Hearing Officer.The Building Code Appeals Hearing Officer shall be appointed consistent with Section 12-2.08(a)of the Atascadero Municipal Code. 113.2.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 hearing officer shall have no authority to waive requirements of this code. 1.13.3. Hearing procedure. Hearing procedure shall be consistent with Title 1.2 Chapter 2 of the Atascadero Municipal Code. (h) Add Sections 114.5and 114.6 to read as follows: 114.5 Notice of noncompliance. When determined by the building official that work has been done without required permits,or has not been completed in City of Atascadero Ordinance No. 575 Page 10 of 51 accordance with the requirements of this code,the State Housing Laws,or any other adopted code,the building official may cause a Notice of Noncompliance to be recorded with the County Recorder and shall notify the owner of the property of such action. The Notice of Noncompliance shall describe the property, shall set forth the non-complying conditions, and shall state that the owner of such property has been duly notified. The building official shall record a notice of release of the Notice of Noncompliance with the County Recorder when it has been determined by the building official that the non-complying conditions have been corrected. 114.6 .Liability for costs of enforcement. Any person who maintains any premises in violation of any provision of this code,the State Housing Law, or any other adopted code shall be liable for and obligated to pay to the City of Atascadero all costs incurred by the City of Atascadero in obtaining abatement or compliance that is attributable to or associated with the enforcement or abatement action,whether the action is administrative, injunctive, or legal, and for all damages suffered by the City of Atascadero, its agents,officers, and employees as a result of such violation or efforts to abate the violation. If the owner of the property involved in such abatement or compliance action fails to pay for the costs of such abatement or compliance action upon demand by the City of Atascadero,the City Council by resolution may order the cost of the abatement to be specially assessed against the parcel. Such assessment shall be collected at the same time and in the same manner as ordinary City taxes are collected and shall be subject to the same penalties and the same procedure and sale in case of the delinquency as are provided for ordinary City taxes. (i) Amend Section 116.1 to read as follows: 116.1 Conditions. Structures or existing equipment that are or hereafter become unsafe, unsanitary or deficient because of inadequate means of egress facilities, inadequate light and ventilation,or which constitute a fire hazard, or are otherwise dangerous to human life or public welfare, or that involve illegal or improper occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe structures shall be taken down and removed or made safe,as the building official deems necessary and as provided for in this section and the 2012 edition of the International Property Maintenance Code, as adopted.A vacant structure that is not secured against entry shall be deemed unsafe. (j) Add Section 116.6 to read as follows: 116.6 Levels of Code Compliance for Remodel,Renovation or Repair to Existing Buildings: When the estimated value of proposed remodel,renovation or repair work to an existing building exceeds 75%of the current valuation for a new building,all City of Ataseadero Ordinance No. 576 Page 11 of 51 building code requirements for new buildings, including but not limited to an automatic fire suppression system,wildland interface construction requirements, Title 24 energy analysis, etc will apply. Exception: For structures damaged by flood see AMC Title 7 Chapter 11. (k) Add Section 117 to read as follows: SECTION 117 CONSTRUCTION SITE 117.1 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 adoptees Codes. The administration and enforcement of this title shall be in accordance with Chapter 1, Division H 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. (a) Delete Appendix A, B, C, D, F,G,H, K,L and M. Adopt Appendix J. (b) Amend Section 701A.1 to read as follows: 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 High Fire Severity Zone 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: City of Atascadero Ordinance No. 576 Page 12 of 51 701 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.3. to read as follows: 701A.3Application.New buildings, or additions or alterations to buildings whose first application for construction permit was submitted after October 4,2004, located in a High or Very High Fire severity zone shall comply with all sections of this chapter, as amended. Exceptions: 1. Detached trellises, patio covers, gazebos and similar structures, 450 sq ft or less, with open trellis roof or Class A roofing, when open on all sides and located at least 10 feet from adjacent 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. 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. 4. Additions or modifications to existing buildings whose first application for construction permit was submitted prior to October 5,2004. (e) Amend 704A.1 as follows: 704A.1 General. The materials prescribed herein for ignition resistance shall conform to the requirements of this chapter. Wood shake or wood shingle roofing products shall not be installed on any exterior part of any building. (f) Delete Sections 903.2 through 903.2.19. Add new Sections 903.2 to read as follows: 903.2 Where required. An approved automatic fire sprinkler system shall be installed consistent with the requirements contained in Section 4-7.103 (Fire Code). (g) 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 City of Atascadero Ordinance No. 576 Page 13 of 51 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. (h) Add Section 15063.1 to read as follows: 1506.3.1 Wood shake and shingle limitations. Wood shake or wood shingle roofing products 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. (i) 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 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 through1802.6. 2. The building official need not require a foundation and soils investigation report for one-story, wood-frame and light-steel-frame 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 light-steel-frame detached accessory structures 1,000 square feet of floor area or 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. Cj) Add Sections 3408.1.1 through 3408.1.4.3 to read as follows: City of Atascadero Ordinance No. 576 Page 14 of 51 3408.1.1 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 3408.1.1, 3408.1.2 and 3408.1.3. Such determination shall be the basis for the application of Sections 3408.1.2 through 3408.1.4.3. 3408.1.2 Means of egress, general.Hazard categories in regard to life safety and means of egress shall be in accordance with Table 3408.1.2. 'fable 3408.1.2 Means of Egress Hazard Categories Relative Hazard Occupancy Classifications I (Highest Hazard) H 2 1-2,1-3,14 3 A,E,I-1,M,R-1,R-2,R-4 4 B,F-1,R-3,S-1 5 (Lowest Hazard) F-2,S-2,U 3408.1.2.1 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. 3408.1.2.2 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. 3408.1.3 Heights and areas.Hazard categories in regard to height and area shall be in accordance with Table 3408.1.3. City of Atascadero Ordinance No. 576 Page 15 of 51 Table 3408.1.3 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 3408.1.3.1 Height and area change to higher hazard category. When a change of occupancy is made to a higher category as shown in Table 3408.1.3,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. 3408.1.3.2 Height and area change to equal or lesser category. When a change of occupancy classification is made to an equal or lesser hazard category as shown in Table 3408.1.3, the height and area of the existing building shall be deemed acceptable. 3408.1.3.3 Fire barriers. When a change of occupancy classification is made to a higher hazard category as shown in Table 3408.1.3,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. 3408.1.4 Exterior wall fire-resistance ratings. Hazard categories in regard to fire-resistance ratings of exterior walls shall be in accordance with Table 3408.1.4. Table 3408.1.4 Exposure of Exterior Walls Hazard Categories Relative Hazard Occupancy Classification 1(Highest Hazard) H 2 F-1,M S-1 3 A,B,E,1,R 4(Lowest Hazard) F-2,S-2,U 3408.1.4.1 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 3408.1.4,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. City of Atascadero Ordinance No. 576 Page 16 of 51 Exception: A 2-hour fire-resistance rating shall.be allowed where the building does not exceed three stories in height and is classified as one of the following groups:A-2 and A-3 with an occupant load of less than 300, B, F, M, or S. 3408.1.4.2 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 3408.1.4, existing exterior walls, including openings,shall be accepted. 3408.1.4.3 Opening protectives. Openings in exterior wails shall be protected as required by the California Building Code. Where openings are required to be protected because of distance from the property line, the sum of the area of such openings shall not exceed 50 percent of the total area of the wall in each story. Exceptions: 1. Where the California Building Code permits openings in excess of 50 percent. 2. Protected openings shall not be required in buildings of Group R occupancy that do not exceed three stories in height and that are located not less than 3 feet(914 mm) from the property line. 3. Where exterior opening protectives are required, an automatic sprinlder 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 3408.1.4. (k) Amend Section 3109.4.4.2 as follows: Section 3109.4.4.2 Construction permit; safety features required. Commencing January 1, 2007, except as required by Section 3109.4.4.5, whenever a building permit was issued for construction 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 following seven drowning prevention safety features: Items 4 and 5 may only be used in conjunction with an enclosure meeting the requirements of Section 3109.4.4.3, that isolates the swimming pool, spa or hot tub from adjoining property. 1. The pool shall be isolated from access to a home by an enclosure that meets the requirements of Section 3109.4.4.3. City of Atascadero Ordinance No. 576 Page 17 of 61 2. The pool shall incorporate removable mesh pool fencing that meets American Society for Testing and Materials (ASTM) Specifications F2286 standards in conjunction with a gate that is self-closing and self-latching and can accommodate a key 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. 5. All doors providing direct access from the home to the swimming pool shall be equipped with a self-closing, self-latching device with 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 Alarms" 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 means of protection, if 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). (1) Amend Appendix J101.1 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. (m) 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: I. 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. City of,4tascadero Ordinance No. 576 Page 16 of 51 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. (n) Add Appendix Section J1O1.4 to read as follows: J1.01.4 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. (o) Amend Appendix Section J 103.2 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. City of Atascadero Ordinance No. 575 Page 19 of 51 5. Excavations for wells, or trenches for utilities. 6. Mining, quarrying, excavating,processing,or stockpiling of rock, sand, gravel, aggregate, or clay controlled by other regulations, provided such operations do not affect the lateral support of, or significantly increase stresses in,soil on adjoining properties. 7. Exploratory excavations performed under the direction of a registered design professional. Any grading needed to gain access to exploratory excavation areas is not included in this exemption. 8. Excavation and/or fill not greater than 50 cubic yards (38.3 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. (p) Add Appendix Sections J 104.2.1 and J 104.2.2 to read as follows: J1.04.2.1 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 30percent or greater,contours at 5-foot intervals. City of Atascadero Ordinance No. 575 Page 20 of 51 2. Location of any buildings or structures existing or proposed on the site within 50 feetof 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 mitigate the impact of drainage on nearby creeks, swales and offsite properties or structures. The drainage plan shall comply with the requirements of any Council adopted City Engineering Standard Specifications and Drawings, Low Impact Development,or Hydromodification Control Standards. 6. 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. Protective 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 Stormwater 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 City of Atascadero Ordinance No. 576 Page 21 of 51 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: 1. If located in a Flood Hazard Area,the grading plan shall include flood way and flood zone boundaries and appropriate mitigations required by Municipal Code Title 7, Chapter 11 Flood Damage Prevention. 2. If located in a Geologic Hazard Overlay Zone, 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. (q) 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. (r) Add Appendix Section J110.2 to read as follows: 3110.2 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: L 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 City of Atascadero Ordinance leo. 576 Page 22 of 51 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. Chapter 4 RESIDENTIAL CODE B-4.101 Modifications to the California Residential Code. (a) Delete Appendix A, B, C, D,E, F,G, 1, J,K, L, M,N, O P, Q and R. Adopt Appendix H (b) Delete Chapter I, Division 11. Administration of the California Residential Code shall.be as set forth in Chapter 1 Division H of the California Building Code, as amended. (c) Delete Section R313. Add new Section R313 to read as follows: Section 8313 Required. Fire sprinkler systems shall be as set forth in Section 903.2 of the California Building Code, as amended. (d) Amend Section R401.1 to read as follows: Section 12.401.1. Required.The owner or applicant shall submit foundation and soils investigation report to the building official as set forth in the California Building Code, as amended. Chapter 5 ELECTRICAL CODE 8-5.101 Modifications of the California Electrical Cade. (a) Administration of the California Electrical Code shall be as set forth in Chapter I Division. Il 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 City of Ataseadero Ordinance No. 576 Page 23 of 51 providing direct access to the outside shall satisfy accessibility for emergency personnel. (Ord. 520 § 1 (part), 2007) Chapter 6 PLUMBING CODE 8-6.101 Modifications of the California Plumbing Code. (a) Delete Chapter 1,Division II. Administration of the plumbing code shall be as set forth in Chapter 1 Division II of the California Building Code, as amended. (a) Delete Appendix C, D, E,F, G, J, K and L. Adopt Appendix A, B,H and I. (b) Amend Section 710.1 to read as follows: 710.1 Drainage piping serving fixtures located at an elevation of less than one (1) foot above the nearest upstream manhole cover in the main.sewer serving said fixtures shall drain by gravity into the main sewer, and shall be protected from backflow of sewage by installing an approved backwater valve. Each such backwater valve shall be installed only in that branch or section of the drainage system that receives the discharge from fixtures located less than one(1)foot above the nearest upstream manhole cover. (c) Amend Section 713.5 to read as follows: 713.5 No permit shall be issued for the installation, alteration, or repair of any private sewage disposal system, or part thereof, on any lot where a public sewer is available at the property line or where the public sewer is within 200 feet of the proposed or existing building. (d) Amend 717 to read as follows: 717.0 Size of building sewers. The minimum size of any building sewer shall be determined on the basis of the total number of fixture units drained by such sewer, in accordance with Table 7-8.No sewer shall be smaller than the building drain. All building sewers shall be constructed with pipe of internal diameter not less than four(4) inches (100 mm),unless a pipe of internal diameter not less than three (3)inches is approved by the Authority Having Jurisdiction. (e) Amend Section 719.1 to read as follows: 71.9.1 A cleanout shall be placed in every building sewer within five(5)feet of each building, at all changes in alignment or grade in excess of one hundred thirty five(13 5) degrees,within five(5) feet of the junction with the public sewer,and at intervals not to exceed one hundred(100) feet in straight runs. The cleanout shall be made by inserting a"Y"fitting in the line and fitting the cleanout in the City of Atascadero Ordinance No. 576 Page 24 of 51 "Y"branch in an approved manner. In the case of a cleanout near the junction of the public sewer, the"Y"branch riser shall be extended to a depth of not more than.one (1)foot. All other cleanouts shall be extended to finish grade. (f) Amend Appendix Section 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 disposal field and seepage pits. The Authority Having Jurisdiction may grant exceptions to the provisions of this appendix for permitted structures that have been destroyed due to fire or natural disaster and that cannot be reconstructed in compliance with these provisions. Where conflicts occur between this appendix and provisions of Section 8-5.102 of the Municipal Code, the most restrictive shall govern. (Ord. 520 § 1 (part), 2007) 8-6.102 Private sewage disposal systems. The design, installation operation and maintenance of private sewage disposal systems shall be in conformance with Appendix H of the California Plumbing Code and with standards specified in this section. Where specific standards in this section and the Appendix H conflict, the most restrictive standard shall apply. Where specific standards are not provided within this section or where the City 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 by the City. (a) Percolation Test. An on-site investigation shall be made by a registered engineer competent in sanitary engineering or a geotechnical engineer 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 leaehfield. Percolation tests that are older than five years will not be accepted, unless the registered engineer provides a letter stating that the percolation test results are still valid. (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 City: City of Atascadero Ordinance No. 576 Fuge 25 of 51 (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 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) Leachfield Percolation Test Procedure. The following percolation test procedure shall be used in performing percolation tests, except that other accepted test procedures may be used when approved by the City: (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 City of Atascadero Ordinance No. 576 Page 26 of 51 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. (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= Aa x Nb x Af T, City of Atascadero Ordinance No. 676 Page 27 of 51 Aa=Absorption area per bedroom Nb=Number of bedrooms Ae=Trench adjustment factor TW=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 City 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 City will not approve a separation less than that set forth in the"Water Quality Control Plan— Central lanCentral 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. (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 compliedwith 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 City 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 City of Atascaeiero ®refinance No. 576 Page 28 of 51 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. (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 City. (2) Septic tanks shall be constructed and installed as specified in the California Plumbing Code,Appendix H. 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. City of Atascadero Ordinance No. 576 Page 29 of 51 (ii) All septic tanks for new systems and replacement tanks for existing systems shall be equippedwith 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 City. (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. (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 to be submitted with the plans, 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 City. (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 City. 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 City of Atascadero Ordinance No. 576 'age 30 of 51 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. (b) 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 City. (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(100)Percent Expansion Area. All systems shall be designed and constructed to reserve sufficient site area for a one hundred(100)percent replacement dispersal system/area. Installation of dual fields shall be required for all sites when access for installation of the replacement field/area would not be feasible after initial site development. When the primary and expansion systems are installed jointly, a means of switching flows to each field shall be provided. (i) Desigm 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(15 0) gallons per day for each additional bedroom in excess of four(4). For other occupancies, refer to the California Plumbing Code, Appendix H. (}} 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 Building Official, 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 Disposal Field Size. 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 City. (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." City of Atascadero Ordinance No. 576 Page 31 of 51 (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(100)Percent Expansion Area. All systems shall be designed and constructed to reserve sufficient site area for a one hundred (100)percent 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 City may approve a system designed to lesser standards when it is designed, inspected and be certified to be in substantial conformance with the City approved engineering plans by a Registered Civil Engineer. (1.) A private sewage disposal system shall not be replaced by another system if sewers are available and are either within two hundred(200) feet of the structure, as required by the plumbing code, or sewers are at the property line. In the event that sewer is deemed available by the Building Official or City Engineer,the sewer line shall be extended to the property line that is upstream of the existing sewer main. Availability is determined by projecting a straight line from the nearest sewer line,manhole or cleanout to the nearest property corner,then projecting a straight line to the nearest house corner. The City Engineer or his duly authorized representative shall make the final determination regarding sewer availability. (2) The City 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 Building Official may authorize or require a temporary means of sewage disposal pending such approval. (1) Tables. City of Atascadero Ordinance No.576 Page 32 of 51 Table 49.1. Absorption Area Requirements Percolation Rate (Minutes/Inch) Absorption Area per Bedroom (Square Feet) 0-9 150 10 165 1.1-15 190 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 11.1-120 1250 Table 4-2 Standard Trench Adjustment Factor Depth of Gravel Below Pipes (Inches) Trench Width(Inches) 12 18 24 30 36 42 48 54 60 12 .75 .78 .80 82 .83 .85 .86 .87 .87 1.8 .60 .64 .66 .69 .71 .73 .75 .77 .78 24 .50 .54 .57 .60 .62 .64 66 .68 .70 30 .43 47 SO 53 .55 .59 .60 .62 .64 City of Atascadero Ordinance No. 576 Page 33 of 51 Depth of Gravel Below Pipes (Inches) Trench Width(Inches) 12 is 24 30 36 42 48 54 60 36 .37 .41 .44 .47 .50 .52 .54 .56 .58 42 .33 .37 .40 ,43 .45 .48 .50 .52 .54 48 .30 .33 1 .36 1 .39 .42 .44 .46 .48 .50 Note:For trenches not shown in Table 4-2;the standard trench adjustment factor may be: Trench Adjustment Factor= W +2 W+ 1 + 2D W= width of trench (in feet) D = depth of gravel below pipe(in feet) Table 4-3 Horizontal Distance Separation (In Feet) Leach Field or Building Sewer Septic Tank Seepage Bed Seepage Pit Buildings or structures,including porches,steps, 2 5 80) ga) breezeways,patios,and carports whether covered or not Property line Clear(" 5 5 10 Water supply well in unconfined aquifer 50M 50 100 150 Watercourse i" 50 50 100 100 Swales(10) 50 50 50 50 Native 1'rees * 10(*) * 100) Seepage pits — 5 5 12 Leach field or seepage bed — 5 6 5 On-site domestic water service line 1(4) 5 5 5 Distribution box — — 5 5 Pressure public water main 10(5) 10 10 10 SIoping ground,cuts,or other embankments — — 1511' 15c a City of Atascadero Ordinance No. 576 Fuge 34 of 51 Leach Field or Building Sewer Septic Tank Seepage Bed Seepage Pit Reservoirs 0),including ponds,lakes,tanks, 200 200 200(7) 200(7) basins,etc.for storage,regulation and control of water recreation,power,flood control or linking Springs 100 100 100 100 Notes: (1) Distance separation shall be increased to twenty(20)feet when building or structure is located on a downward slope below a leach field,seepage bed or seepage pit. (2) See Section 315(c)of this code. (3) Distance separation may be reduced to twenty-five(25)feet when the drainage piping is constructed of materials approved for rise within a building. (4) See Section 1108 of this code. (S) For parallel construction or crossings,approval by the Health Department shall be required. (6) Distance is measured as horizontal distance to daylight.This distance may be reduced where it is demonstrated that favorable geologic conditions and soil permeability exist based on a report and analysis prepared by a licensed geologist or soils engineer. t7) Distance is measured at spillway elevation. Est A natural or artificial channel for passage of water,a running stream of water,or a natural stream fed from permanent or natural sources such as rivers,creeks,runs,and rivulets.There must be a stream,usually flowing in a particular direction (though it need not flow continuously)in a definite channel,having a bed or banks and usually discharging into a stream or body of water. (9) A pond,lake,tank,basin or other space either natural or created whole or in part by the building of engineering structures, which is used for storage,regulation,and control of water,recreation,power,flood control.,or drinking. (10)Topographic low point that conveys water to watercourses. (*) See tree protection guidelines. Table 4-4 Vertical Distance Separation (In Feet) Leach Field or Seepage Bed Seepage Pit Groundwater,where percolation rate(min/in)is <1 50' 1-4 ?0 1 5-29 g >30 5 Groundwater,where soil is G.ravels2 50' Gravels with few fines; 20' Other 10 Bedrock 10 30 City of Atascadero Ordinance No.576 Wage 35 of 51 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. z Gravels—Soils with over ninety-rive percent(95%)by weight coarser than a No.200 sieve and over one-half(112)of the coarse fraction larger than a No.4 sieve. 3 Gravels with few fines—Soils with ninety percent(90%)to ninety-four percent(94%)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 Chatnbers� 1 bed 2 bed 3 bed 4 bedt <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. Ilomes 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 NO'Trench Length(feet)* Gravel Trench Percolation Rate i bed 2 bed 3 bed 4 beds <1---9 25 50 75 100 1.0 28 55 83 110 11-15 32 63 95 1.27 City of Atascadero Ordinance No. 576 Page 36 of 51 16-20 36 72 108 143 21-26 38 77 115 153 26-29 42 83 125 167 30+ Design by Engineer Three(3)feet wide by three(3)feet deep trench,with 0.5 feet of gravel above pipe invert.Any alternative trench configuration shall be calculated according to the requirements of this chapter. t Homes larger than four(4)bedrooms shall be calculated as required by this chapter. Table 4-7 Required Size of Septic 'Tank for Single-Family Dwelling Number of Bedrooms Minimum*Septic Tank Capacity in Gallons 1 or 2 754 3 1,000 4 1,200 5 or 6 1,500 See California Plumbing Code for an expanded list of tank sizes. (Ord. 553 § 1,2011) Chapter 7 MECHANICAL CODE 8-7.101 Modifications to the California Mechanical Code. (a) Delete Chapter 1, Division lI. Administration of the mechanical code shall be as set forth in Chapter 1 Division II of the California Building Code. (b) Adopt Appendix B, C and D. Delete Appendix A, E, F and G. (Ord. 520 § i (part), 2007) Chapter 8 GREEN BUILDING CODE 8-8.101 Modifications to the California Green Building Code (a) Delete Appendix A4, A5and A6.1. (b) Amend Section 4.408 to read as follows: 4.408.1 Construction waste management. City of Atascadero Ordinance No. 576 Page 37 of 51 Add exception 4. Projects less than$25,000 valuation and/or less than 250 sq ft. in area. Chapter 9 UNSAFE BUILDINGS AND STRUCTURES 8-9.101 Modifications to the International Property Maintenance Code. (a) Amend Section 101.1 to read as follows: 101.1 Title. These regulations shall be known as the Property Maintenance Code of Atascadero, hereinafter referred to as"this code". (b) Amend Section 102.3 to read as follows: 102.3 Application of other codes. Repairs, additions or alterations to a structure, or changes of occupancy, shall be done in accordance with the procedures and provisions of the California Building Standards Code and other applicable laws and ordinances. (c) Amend Section 103.1 to read as follows: 103.1 General. The office of property maintenance inspection is hereby created and the executive official in charge thereof shall be known as the code official. (d) Amend Section 103.5 to read as follows: 103.5 Fees.The fees for activities and services performed by the code official under this code shall be in accordance with the schedule as established by the applicable governing authority. (Ord. 520 § 1 (part), 2007) Chapter 10 `CATER EFFICIENT LANDSCAPE AND IRRIGATION 8-10.101 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; City of Atascadero Ordinance No. 576 Page 38 of 51 (c) Establish a structure for planning, designing, installing, maintaining, and managing water efficient landscapes in new construction and rehabilitated projects. (Ord. 548 § 2, 2010) 8-10.102 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 City of Atascadero Ordinance No. 576 Page 39 of 51 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 sensing 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. "Turf'means a ground 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) 8-10.103 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 design of the landscaping and irrigation complies with the standards within this chapter. These 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 pennit 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. City of Atascadero Ordinance Pio. 576 Page 40 of 51 (1) Residential Building Permits. (i) Landscape plans in compliance with this chapter shall be required 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 landscape and relandscaping shall be compliant with this chapter. (2) Nonresidential Building Permits. (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 moth 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 City of Atascadero Ordinance No. 576 Fuge 41 of 51 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. (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) 8-10.104 Landscape standards and limitations for new construction and rehabilitated landscapes. (a) All project landscaping and irrigation plans/designs(residential, commercial, industrial)shall comply with the following 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,including parkways; (3) Turf shall be prohibited on slopes greater than twenty (20)percent where the toe of the slope is adjacent to an impermeable hardscape(where twenty(20)percent means one(1)foot of vertical elevation change for every five(5) feet of horizontal length rise divided by run X 100 =slope percent); City of Atascadero Ordinance No. 676 Page 42 of 69 (4) Developments shall be graded to maximize the on-site distribution of runoff to planted areas; (S) 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; (7) For nonturf areas, drip irrigation and nonoverhead spray methods shall be utilized; (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; (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. City of Atascadero Ordinance No. 576 Rage 43 of 51 (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 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. City of Atascadero Ordinance No. 576 Page 44 of 51 (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) 8-10.105 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 (I) 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). Compliance with landscape documentation package which includes completion of the following items: (1) Project information; (2) Water efficient landscape worksheet; City of Atascadero Ordinance No. 575 Page 45 of 51 (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 UNREINFORCEO MASONRY 8-11.101 Modifications to the California Existing Building Cade. (a) Adopt Appendix Al (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. City of Atascad ero Ordinance No. 576 Page 46 of 51 (c) Add definitions to Section A 103 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. (d) Add Appendix Section Al 15 entitled"Administrative Provisions"to read as follows: SECTION A115 ADMINISTRATIVE PROVISIONS Al 15.1 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. TATTLE Al 15.1 RATING CLASSIFICATIONS Type of Building Class Essential Building I High Risk Building 11 City of Atascadero Ordinance No. 576 Page 47 of 51 Al 15.1.1 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 permit,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 Classification Load From Date of Permit Issuance City of Atascadero Ordinance No. 576 Page 48 of 51 Complete Commence Within Within T ! An January 1,2005 Janu 1,2005 180 days 3 vears TT i An January 1,2005 Januaiy 1,2005 180 da s 3 years At 155.2 Notice and Order Al 15.2.1 General. The building official shall,within 30 days of the determination that a building is of unreinforeed 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. A1.15.2.3 Content of notice and order.The notice shall specify that the building has been determined by the building official to be within the scope of this chapter and, therefore, is subject to the minimum seismic standards of this chapter. The order shall direct the owner to obtain a building or demolition permit as required by this chapter and cause the building to be structurally altered to conform to the provisions of this chapter, or cause the building to be demolished. The notice or order shall be accompanied by a copy of Section A115.1, which sets forth the owner's responsibilities. A115.3 Appeal.The owner of the building may appeal the building official's initial determination that the building is within the scope of this chapter to the Board of Appeals established by Appendix Section 112 of the California Building Code, as adopted. Such appeal shall be filed with the Board within 60 days from the service date of the order described in Section Al 15.2. Any appeal shall be decided by the Board no later than 90 days after filing and the grounds thereof shall be stated clearly and concisely. Appeals or requests for modifications from any other determinations, orders or actions by the building official pursuant to this chapter shall be made in accordance with the procedures established in Appendix Section 104.10 of the California Building Code. A115.4 Recordation. At the time that the building official serves the aforementioned notice,the building official shall also file and record with the office of the county recorder a certificate stating that the subject building is within the scope of this chapter and is a potentially earthquake hazardous building. The certificate shall also state that the owner thereof will be ordered to structurally analyze the building to determine compliance with this chapter. City of Atascadero Ordinance No. 576 Page 49 of 51 If the building is either demolished, found not to be within the scope of this chapter,or is structurally capable of resisting minimum seismic forces required by this chapter as a result of structural alterations or an analysis,the building official shall file and record with the office of the county recorder a form terminating the status of the subject building as being classified within the scope of this chapter. Al t5.5 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 A1.15.1,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 12 POST-DISASTER REGULATIONS 8-12.101 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) 8-12.102 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) 8-12.1€ 3 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) City of Atascadero Ordinance No.576 Page 50 of 51 B-12.104 Placards. (a) The following official placards shall be used to designate the condition for occupancy of buildings or structures: (1) Green: "Inspected—Lawful Occupancy Permitted"is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure. (2) Yellow: "Restricted Use" is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restriction on continued occupancy. (3) Red: "Unsafe—Do Not Enter or Occupy"is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstances except as authorized in writing by the building official or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered 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) SECTION 2.: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. City of Atascadero Ordinance No. 576 Page 51 of 51 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 Moreno, Mayor Pro Tem Sturtevant and Mayor O'Malley NOES: None ABSTAIN: None ABSENT: None CITY ERO By Tom O'Malley f ayor l ATTEST: bl"A=-.� W Marcia McClure Torgerson, C.M.C., C' Clerk APPROVED AS TO FORM: Brian ierik, City Attorney