HomeMy WebLinkAbout112613 CC Agenda Combined
CITY OF A TA SCA DERO
CITY COUNCIL
AGENDA
Tuesday, November 26, 2013
6:00 P.M.
City Hall Council Chambers, 4th floor
6500 Palma Avenue, Atascadero, California
(Enter on Lewis Ave.)
City Council
Regular Session:
City Council
Closed Session:
Immediately following Conclusion
of the Regular Session
REGULAR SESSION — CALL TO ORDER: 6:00 P.M.
PLEDGE OF ALLEGIANCE: Mayor Pro Tem Sturtevant
ROLL CALL: Mayor O'Malley
Mayor Pro Tem Sturtevant
Council Member Fonzi
Council Member Kelley
Council Member Moreno
APPROVAL OF AGENDA: Roll Call
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1. Proclamation — Recognizing November as "National Hospice Month"
2. Proclamation — Recognizing Atascadero as "Tree City USA 2013"
3. SLO Clean Energy Presentation by Mladen Bandov
A. CONSENT CALENDAR: (All items on the consent calendar are considered to
be routine and non -controversial by City staff and will be approved by one motion
if no member of the Council or public wishes to comment or ask questions. If
comment or discussion is desired by anyone, the item will be removed from the
consent calendar and will be considered in the listed sequence with an
opportunity for any member of the public to address the Council concerning the
item before action is taken. DRAFT MINUTES: Council meeting draft minutes
are listed on the Consent Calendar for approval of the minutes. Should anyone
wish to request an amendment to draft minutes, the item will be removed from
the Consent Calendar and their suggestion will be considered by the City
Council. If anyone desires to express their opinion concerning issues included in
draft minutes, they should share their opinion during the Community Forum
portion of the meeting.)
1. Title 2 Administration Text Amendments, Title 4 Public Safety Text
Amendments, Title 8 Building Code Text Amendments, Title 9 Planning
and Zoning Text Amendments, PLN 2013-1462 / ZCH 2013-0168, (City of
Atascadero)
■ Fiscal Impact: Staff expects minimal fiscal impact from the adoption of the
new building codes and proposed code text amendments.
■ Recommendations: Council:
1. Adopt Ordinance A, on second reading by title only, to approve
amendments to Title 4 Public Safety; and,
2. Adopt Ordinance C, on second reading by title only, to approve
amendments to Title 8 Building Code for consistency with the 2013
California Building Code; and,
3. Adopt Ordinance D, on second reading by title only, to approve
amendments to Title 2 Building Code for consistency with the 2013
California Building Code; and,
4. Adopt Ordinance E, on second reading by title only, to approve PLN
2013-1462 (Zone Text Change ZCH 2013-0168, Title 9 Planning and
Zoning Ordinance Amendments). [Community Development/Public
Works/Fire]
2. Proposed Amendment to the Existing Smoking Ordinance - Second
Reading
■ Fiscal Impact: None.
■ Recommendation: Council adopt on second reading, by title only, the
proposed Ordinance amending the existing smoking prohibition as defined
in Section 10-1.34 of Chapter 1 of Title 10 of the Atascadero Municipal
Code, by expanding the existing smoke-free area within the City to also
include any area within 100 feet of Sunken Gardens. [Police]
3. Proposed Amendment to the Prohibited Camping Ordinance - Second
Reading
■ Fiscal Impact: None.
■ Recommendation: Council adopt on second reading, by title only, the
proposed ordinance repealing Section 10-1.33 (Overnight camping) of
Chapter 1 of Title 10 of the Atascadero Municipal Code ("AMC"), and
adding Chapter 15 (Prohibited Camping) to Title 5 of the AMC, to better
define the prohibited camping ordinance and allow for prosecution of
violators. [Police]
UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on
any current issues of concern to the City Council.)
COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to
address the Council on any matter not on this agenda and over which the Council has
jurisdiction. Speakers are limited to three minutes. Please state your name for the
record before making your presentation. Comments made during Community Forum
will not be a subject of discussion. A maximum of 30 minutes will be allowed for
Community Forum, unless changed by the Council. Any members of the public who
have questions or need information, may contact the City Clerk's Office, between the
hours of 8:30 a.m. and 5:00 p.m. at 470-3400, or mtorgerson atascadero.org.)
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C. MANAGEMENT REPORTS: None
COUNCIL ANNOUNCEMENTS AND REPORTS: (On their own initiative, Council
Members may make a brief announcement or a brief report on their own activities.
Council Members may ask a question for clarification, make a referral to staff or take
action to have staff place a matter of business on a future agenda. The Council may
take action on items listed on the Agenda.)
D. COMMITTEE REPORTS: (The following represent standing committees.
Informative status reports will be given, as felt necessary):
Mayor O'Malley
1. City / Schools Committee
2. County Mayors Round Table
3. Integrated Waste Management Authority (IWMA)
4. SLO Council of Governments (SLOCOG)
5. SLO Regional Transit Authority (RTA)
Mayor Pro Tem Sturtevant
1. City / Schools Committee
2. City of Atascadero Finance Committee
3. Community Action Partnership of SLO County
4. League of California Cities — Council Liaison
Council Member Fonzi
1. Air Pollution Control District
2. City of Atascadero Design Review Committee
3. Oversight Board for Successor Agency to the Community Redevelopment
Agency of Atascadero
4. SLO Local Agency Formation Commission (LAFCo) — alternate
Council Member Kelley
1. Atascadero State Hospital Advisory Committee
2. City of Atascadero Design Review Committee
3. Economic Vitality Corporation, Board of Directors (EVC)
4. Homeless Services Oversight Council
Council Member Moreno
1. California Joint Powers Insurance Authority (CJPIA) Board
2. City of Atascadero Finance Committee (Chair)
E. INDIVIDUAL DETERMINATION AND / OR ACTION:
1.
City Council
2.
City Clerk
3.
City Treasurer
4.
City Attorney
5.
City Manager
F. ADJOURN TO CITY COUNCIL CLOSED SESSION
CITY COUNCIL CLOSED SESSION:
1. CLOSED SESSION -- PUBLIC COMMENT
2. COUNCIL LEAVES CHAMBERS TO BEGIN CLOSED SESSION
3. CLOSED SESSION - CALL TO ORDER
a. Conference with Legal Counsel — Existing Litigation
Government Code Section 54956.9(a)
Save Atascadero v. City of Atascadero, et al.
San Luis Obispo Superior Court Case No. 128230
4. CLOSED SESSION -ADJOURNMENT
5. COUNCIL RETURNS TO CHAMBERS
6. CLOSED SESSION — REPORT
ADJOURNMENT
Please note: Should anyone challenge any proposed development entitlement listed on this Agenda in court, that
person may be limited to raising those issues addressed at the public hearing described in this notice, or in written
correspondence delivered to the City Council at or prior to this public hearing. Correspondence submitted at this
public hearing will be distributed to the Council and available for review in the City Clerk's office.
I, Lori Mlynczak, Deputy City Clerk of the City of Atascadero, declare under the penalty of perjury that
the foregoing agenda for the November 26, 2013 Regular Session of the Atascadero City Council was
posted on November 19, 2013, at the Atascadero City Hall, 6500 Palma Avenue, Atascadero, CA
93422 and was available for public review in the Customer Service Center at that location.
Signed this 19`h day of November, 2013, at Atascadero, California.
Lori Mlynczak, Deputy City Clerk
City of Atascadero
City of Atascadero
WELCOME TO THE ATA SCA DERO CITY COUNCIL MEETING
The City Council meets in regular session on the second and fourth Tuesday of each month at 6:00 p.m. Council
meetings will be held at the City Hall Council Chambers, 6500 Palma Avenue, Atascadero. Matters are considered by the
Council in the order of the printed Agenda. Regular Council meetings are televised live, audio recorded and videotaped
for future playback. Charter Communication customers may view the meetings on Charter Cable Channel 20 or via the
City's website at www.atascadero.org. Meetings are also broadcast on radio station KPRL AM 1230. Contact the City
Clerk for more information (470-3400).
Copies of the staff reports or other documentation relating to each item of business referred to on the Agenda are on file
in the office of the City Clerk and are available for public inspection during City Hall business hours at the Front Counter of
City Hall, 6500 Palma Avenue, Atascadero, and on our website, www.atascadero.org. Contracts, Resolutions and
Ordinances will be allocated a number once they are approved by the City Council. The minutes of this meeting will
reflect these numbers. All documents submitted by the public during Council meetings that are either read into the record
or referred to in their statement will be noted in the minutes and available for review in the City Clerk's office.
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in a City meeting
or other services offered by this City, please contact the City Manager's Office or the City Clerk's Office, both at (805)
470-3400. Notification at least 48 hours prior to the meeting or time when services are needed will assist the City staff in
assuring that reasonable arrangements can be made to provide accessibility to the meeting or service.
TO SPEAK ON SUBJECTS NOT LISTED ON THE AGENDA
Under Agenda item, "COMMUNITY FORUM", the Mayor will call for anyone from the audience having business with the
Council to approach the lectern and be recognized.
1. Give your name for the record (not required)
2. State the nature of your business.
3. All comments are limited to 3 minutes.
4. All comments should be made to the Mayor and Council.
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
This is the time items not on the Agenda may be brought to the Council's attention. A maximum of 30 minutes will be
allowed for Community Forum (unless changed by the Council). If you wish to use a computer presentation to support
your comments, you must notify the City Clerk's office at least 24 hours prior to the meeting. Digital presentations must
be brought to the meeting on a USB drive or CD. You are required to submit to the City Clerk a printed copy of your
presentation for the record. Please check in with the City Clerk before the meeting begins to announce your presence
and turn in the printed copy.
TO SPEAK ON AGENDA ITEMS (from Title 2, Chapter 1 of the Atascadero Municipal Code)
Members of the audience may speak on any item on the agenda. The Mayor will identify the subject, staff will give their
report, and the Council will ask questions of staff. The Mayor will announce when the public comment period is open and
will request anyone interested to address the Council regarding the matter being considered to step up to the lectern. If
you wish to speak for, against or comment in any way:
1. You must approach the lectern and be recognized by the Mayor
2. Give your name (not required)
3. Make your statement
4. All comments should be made to the Mayor and Council
5. No person shall be permitted to make slanderous, profane or negative personal remarks concerning any other
individual, absent or present
6. All comments limited to 3 minutes
The Mayor will announce when the public comment period is closed, and thereafter, no further public comments will be
heard by the Council.
ITEM NUMBER: A-1
DATE: 11-26-13
Atascadero City Council
Staff Report - Community Development Department /
Public Works /Fire Department
Title 2 Administration Text Amendments
Title 4 Public Safety Text Amendments
Title 8 Building Code Text Amendments
Title 9 Planning and Zoning Text Amendments
PLN 2013-1462 / ZCH 2013-0168
(City of Atascadero)
RECOMMENDATIONS:
Council:
1. Adopt Ordinance A, on second reading by title only, to approve amendments to
Title 4 Public Safety; and,
2. Adopt Ordinance C, on second reading by title only, to approve amendments to
Title 8 Building Code for consistency with the 2013 California Building Code; and,
3. Adopt Ordinance D, on second reading by title only, to approve amendments to
Title 2 Building Code for consistency with the 2013 California Building Code; and,
4. Adopt Ordinance E, on second reading by title only, to approve PLN 2013-1462
(Zone Text Change ZCH 2013-0168, Title 9 Planning and Zoning Ordinance
Amendments).
DISCUSSION:
This action consists of proposed Text Amendments to Title 2 Administration, Title 4 Public
Safety, Title 8 Building Code and Title 9 Planning and Zoning that amends existing
ordinance for consistency with revisions to the 2013 California Building Code, State
Agency Regulations and implementation of the Council's 2013 Strategic Planning Action
ITEM NUMBER: A-1
DATE: 11-26-13
Items. The following is a summary of the proposed text amendments to Ordinance A, Title
4 — Public Safety:
1. Chapter 2 proposed revisions include modification to the City's "no parking"
ordinance and removal of references to "the County" (San Luis Obispo County) as
the agency responsible for enforcement of regulations.
2. Chapter 6 revisions clarify city roles in repair and noticing of property owners for
sidewalk repairs and replacements.
3. Chapter 7 Fire Code revision include modifications for consistency with the 2013
California Building Code (CBC), local amendments for required fire sprinklers, and
establishing standards for roof mounted solar panels.
Ordinance C repeals all of Title 8 — Building Codes, and replaces it with a revised Title 8,
Building Codes, to implement the adopted 2013 CBC. Also included in this title are local
amendments to the CBC. The 2013 CBC will become effective January 1, 2014. The
following is a summary of proposed municipal code amendments:
1. Implementation of the 2013 CBC;
2. Local modifications for the extension of the dormant permit program, investigative
fees for unpermitted construction, establishing a building code appeals officer, and
modifications of septic system requirements.
3. Local modification to code sections and appendices.
Ordinance D repeals a section of Title 2 — Administration, to establish a Building Code
appeals officer, consistent with proposed Title 8 — Building Codes.
Ordinance E modifies portion of Title 9 — Zoning Ordinance that that implements the City
Council Strategic Action items. The following is a summary of proposed municipal code
amendments:
1. Flexible front yard setback requirements for accessory structures.
2. Flexible front yard fencing requirements with an increase in height for all residential
units (4 -feet maximum) and 7 -feet for agricultural "deer fencing" in single family
residential areas on lots over an acre in size.
3. Reduce road frontage improvement requirements for residential construction.
4. Codification of a new ordinance to allow and regulate cargo containers use.
5. Exempt septic system repair and replacement projects for the City's native tree
ordinance.
6. Allowance of historic residential structures in the Commercial Services (CS) and
Commercial Professional (CP) zone.
ITEM NUMBER: A-1
DATE: 11-26-13
7. Revisions to the City's drainage standards for consistency with new Regional Water
Quality Control Board (RWQCB) regulations.
8. Elimination of handicapped parking regulations that is inconsistent with the
California Building Code and Americans with Disabilities Act (ADA).
On October 15, 2013, the Planning Commission recommended for approval of Draft
Ordinance E, Zone text changes and strategic planning implementation.
On November 12, 2013, the City Council held a hearing on the proposed municipal
code amendments. The City Council approved Draft Ordinance A on a 5-0 vote; Draft
Ordinance B has been continued to a future Date; approved Draft Ordinance C on a 5-0
vote; approved Draft Ordinance D on a 5-0 vote; and approve Draft Ordinance E on a 5-
0 vote.
Proposed Environmental Determination
The California Environmental Quality Act (CEQA) (Section 15061.(3), (b)) exempts
activities which are covered by the general rule that CEQA applies only to projects
which have the potential for causing a significant effect on the environment. The
proposed Text Amendment will not have any significant adverse environmental impacts
associated with this project application.
FISCAL IMPACT:
Staff expects minimal fiscal impact from the adoption of the new building codes and
proposed code text amendments.
ATTACHMENTS:
Attachment 1:
Draft Ordinance A
Attachment 2:
Draft Ordinance C
Attachment 3:
Draft Ordinance D
Attachment 4:
Draft Ordinance E
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 1
ATTACHMENT 1: Draft Ordinance A - Title 4 Public Safety
DRAFT ORDINANCE A
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA, AMENDING
CHAPTER 2 (TRAFFIC REGULATION),
CHAPTER 6 (SIDEWALK AND STREET MAINTENANCE),
AND REPEAL AND REPLACE CHAPTER 7 (FIRE CODE)
OF TITLE 4 PUBLIC SAFETY CODE
OF THE ATASCADERO MUNICIPAL CODE
The City Council hereby finds and declares as follows:
WHEREAS, it is the desire and intent of the City Council to provide residents with
common sense reform to the City's Municipal Code to reduce regulations; and
WHEREAS, the City Engineer has reviewed applicable sections of Title 4 and has
determined section need to be modified for consistency with State Law; and
WHEREAS, the City Fire Marshall has reviewed applicable sections of Title 4 and has
determined section need to be modified for consistency with State Law; and
WHEREAS, provisions codified in this title are adopted to implement and supplement the
Streets and Highways Code as it exists and as it may be amended from time to time; and
WHEREAS, it is the desire and intent of the City Council of the Atascadero to provide
citizens with the greatest degree of fire, life and structural safety in buildings in the most cost
effective manner by adopting that body of regulations referred to as the California Building
Standards Code with amendments specific to the City of Atascadero; and
WHEREAS, the California Health and Safety Code, Section 17958.5 and Section
18941.5, require the City Council, before making any modifications or changes to the California
Building Standards Code pursuant to Health and Safety Code Sections 18941.5 and 17958.5, to
make an express finding that each such modification or change is needed; and,
WHEREAS, such findings must be made available as a public record and a copy thereof
with each such modification or change shall be filed with the State of California Building
Standards Commission; and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on November 12, 2013, studied and considered the proposed municipal code text
amendments and changes; and,
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 1
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,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Chapters 2 and Chapter 6 of Title 4 of the Atascadero Municipal Code is
amended to read as follows:
Chapter 2 TRAFFIC REGULATION
Article 11. Stopping, Standing or Parking Prohibited in Specified Places
4-2.1101 Traffic Engineer to designate no stopping zones and no parking areas.
(a) The Traffic Engineer, as authorized to determine the location of no stopping zones and no
parking areas, shall place and maintain appropriate signs or markings indicating the same
and stating the hours during which the provisions of this article are applicable.
(b) No stopping zones and no parking areas shall be indicated by red paint upon the top of
all curbs or by no parking_ signage in said zones and areas. (Ord. 34 § 4-3.1101, 1980)
•Ir
Mr.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 1
Chapter 6 SIDEWALK AND STREET EDGE MAINTENANCE AND IMPROVEMENT
4-6.05 Notice to repair.
(a) Notice to Repair. When any portion of a sidewalk street or sidewalk is out of repair,
obstructed or pending reconstruction and in condition to endanger persons or property or
in condition to interfere with the public convenience is hereby declared a nuisance as
defined in Atascadero Municipal Code Section 9-8.106. The Supe -inter e �r
Sfr-eetsCity Engineer or his duly authorized representative may notify the owner or person
in possession of the property fronting on that portion of such sidewalk to repair the
sidewalk according to the City's Standard Specifications and Drawings.
(b) Service of Notice. Notice to repair any portion of a sidewalk may be given by delivering
a written notice personally to the owner or to the person in possession of the property out
of repair, or by mailing a postal card, postage prepaid, to the person in possession of such
property, or to the owner thereof at his/her last known address as the same appears on the
last equalized assessment rolls in the records of the county clerk.
(c) Posting of Notice. The postal card shall contain a notice to repair the property out of
repair, and the superintendent of streets shall immediately upon the mailing of the notice,
cause a copy of it printed on a card not less than eight inches by ten inches in size to be
posted in a conspicuous place on the property.
(d) Contents of Notice. The notice shall specify: (1) what work is required to be done; (2)
how it is to be done; (3) what materials shall be used in the repair and shall further
specify; (4) that if the repair is not diligently and without interruption prosecuted to
completion, the Superintendent of Streets shall make such repair, and the cost shall be an
obligation of abutting property owners so notified and such cost may be a lien on the
property. In lieu of posting a copy of the mailed notice on the property, the
S"er-inteadei4 of St -Fe Public Works Department may, not less than seven days nor
more than ten after mailing of the first postal card notice, mail an additional postal card,
postage prepaid, marked "Second Notice" to the person to whom the first postal card was
addressed. The second notice shall contain the material required by this chapter, but shall
not extend the time for commencing repairs. (Ord. 342 §5, 1998)
4-6.06 Repair by E}___} SupeFintenden Public Works Department.
If the repair is not commenced and prosecuted to completion with due diligence, as required by
the notice, the Supe-:r*o„aent or C*r-ee*sPublic Works Department may forthwith repair the
sidewalk. Upon the written request of the owner of the property facing the sidewalk or the private
roadway so out of repair, as ascertained from the last equalized assessment roll of the City, or as
shown in the records of the office of the Clerk, the Supe -i�Public Works Department may
repair any other portion of the sidewalk fronting on the property that is designated by the owner.
The Superi�Public Works Director shall have the power to prescribe the form of the
• •
..
Chapter 6 SIDEWALK AND STREET EDGE MAINTENANCE AND IMPROVEMENT
4-6.05 Notice to repair.
(a) Notice to Repair. When any portion of a sidewalk street or sidewalk is out of repair,
obstructed or pending reconstruction and in condition to endanger persons or property or
in condition to interfere with the public convenience is hereby declared a nuisance as
defined in Atascadero Municipal Code Section 9-8.106. The Supe -inter e �r
Sfr-eetsCity Engineer or his duly authorized representative may notify the owner or person
in possession of the property fronting on that portion of such sidewalk to repair the
sidewalk according to the City's Standard Specifications and Drawings.
(b) Service of Notice. Notice to repair any portion of a sidewalk may be given by delivering
a written notice personally to the owner or to the person in possession of the property out
of repair, or by mailing a postal card, postage prepaid, to the person in possession of such
property, or to the owner thereof at his/her last known address as the same appears on the
last equalized assessment rolls in the records of the county clerk.
(c) Posting of Notice. The postal card shall contain a notice to repair the property out of
repair, and the superintendent of streets shall immediately upon the mailing of the notice,
cause a copy of it printed on a card not less than eight inches by ten inches in size to be
posted in a conspicuous place on the property.
(d) Contents of Notice. The notice shall specify: (1) what work is required to be done; (2)
how it is to be done; (3) what materials shall be used in the repair and shall further
specify; (4) that if the repair is not diligently and without interruption prosecuted to
completion, the Superintendent of Streets shall make such repair, and the cost shall be an
obligation of abutting property owners so notified and such cost may be a lien on the
property. In lieu of posting a copy of the mailed notice on the property, the
S"er-inteadei4 of St -Fe Public Works Department may, not less than seven days nor
more than ten after mailing of the first postal card notice, mail an additional postal card,
postage prepaid, marked "Second Notice" to the person to whom the first postal card was
addressed. The second notice shall contain the material required by this chapter, but shall
not extend the time for commencing repairs. (Ord. 342 §5, 1998)
4-6.06 Repair by E}___} SupeFintenden Public Works Department.
If the repair is not commenced and prosecuted to completion with due diligence, as required by
the notice, the Supe-:r*o„aent or C*r-ee*sPublic Works Department may forthwith repair the
sidewalk. Upon the written request of the owner of the property facing the sidewalk or the private
roadway so out of repair, as ascertained from the last equalized assessment roll of the City, or as
shown in the records of the office of the Clerk, the Supe -i�Public Works Department may
repair any other portion of the sidewalk fronting on the property that is designated by the owner.
The Superi�Public Works Director shall have the power to prescribe the form of the
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 1
written request. The cost of the repair work done by request pursuant to this section shall be a part
of the cost of repairs for which, pursuant to this chapter, subsequent notices are given, hearings
held and assessment and collection procedures are conducted. (Ord. 342 § 6, 1998)
4-6.07 Notice, report and hearing.
(a) Upon the completion of repair, the Cape,. .Render+ of StfeetsCity Engineer or his duly
authorized representative shall cause notice of the cost of repair to be given in the manner
specified in this chapter for the giving of the first notice to repair, which notice shall
specify the day, hour and place where the City Council shall hear and pass upon a report
by the Supe.-.menden* of S -e Public Works Department of the cost of repair, together
with any objections or protests, if any, which may be raised by any property owner liable
to be assessed for the cost of repair and any other interested person.
(b) Upon the completion of repair, the City Engineer or his duly authorized representative
StipefinlendepA of Stfe shall prepare and file with the City Clerk a report specifying the
repairs which have been made, the cost of the repairs, a description of the real property or
properties in front of which repairs have been made and the assessment against each lot
or parcel of land proposed to be levied to pay the cost thereof. Any such report may
include repairs to any number of parcels of property, whether contiguous to each other or
not.
(c) Upon the day and hour fixed for the hearing, the City Council shall hear and pass upon
the report of the City Engineer or his duly authorized representative upefinten e„+ o f
Streets, together with any objections or protests which may be raised by any of the
property owners liable to be assessed for the work of making such repair and any other
interested persons. Thereupon the City Council may make such revision, correction or
modifications in the report as it may deem just, after which, by motion or resolution, the
report as submitted, or as revised, corrected or modified, shall be confirmed. The City
Council may adjourn the hearings from time to time. The decisions of the City Council
on all reports, protests and objections that may be made shall be final and conclusive.
(Ord. 342 § 7, 1998)
4-6.08 Assessment, notice of lien, recordation.
(a) The cost of repair may be assessed by the City Council against the parcel or parcels of
property fronting upon the sidewalk upon which such repair was made. Such cost so
assessed, if not paid within five days after its confirmation by the City Council, shall
constitute a special assessment against that parcel of property, and shall be a lien on the
property for the amount thereof which lien shall continue until the assessment and all
interest thereon is paid, or until it is discharged of record.
(b) The City Engineer or their duly authorized representative S.,..eFintendent of St feet may
file in the office of the County Recorder of San Luis Obispo County, a certificate in the
form prescribed by Streets and Highways Code Section 5626 as it exists today, or as
modified in the future. Alternatively the Supe -ipAen epA City Engineer or their duly
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 1
authorized representative may pursue recovery of the assessed costs, which are declared a
personal obligation of the abutting owner, in a civil court of competent jurisdiction.
(c) From and after the date of the recording of the notice of lien, all persons shall be deemed
to have had notice of the contents thereof. The notice of lien may include claims against
one or more separate parcels of property, whether contiguous or not, together with the
amount due, respectively, from each such parcel. (Ord. 342 § 8, 1998)
4-6.10 Alternative procedure.
This chapter constitutes a separate and alternate procedure for performing the work specified
herein. It is not the exclusive method of the City to require repairs or for collection of the cost of
those repairs. The Enforcement Officer may, at the request of the City Engineer or his duly
authorized representative8u..o,-:^+o���, initiate and complete proceedings to abate
such nuisances as provided for in Municipal Code Section 9-8.107. (Ord. 342 § 10, 1998)
4-6.11 Criminal penalties and additional legal relief.
(a) It is unlawful for any person to fail or refuse to comply with a notice of repair sent by the
City Engineer or his duly authorized representative . Any person
who fails to comply with the notice and finish repairs within sixty days of the mailing of
a first notice to repair is guilty of a misdemeanor and may be punished by a fine not to
exceed five hundred dollars ($500.00) or by imprisonment not to exceed sixty days in the
county jail, or both, in the discretion of the court.
(b) Nothing herein shall prevail or restrict the City from taking such other lawful action as is
necessary to prevent or remedy any violation or noncompliance. Such other lawful
actions shall include, but not be limited to, an action for injunctive relief or an action at
law for damages. All remedies and penalties provided for in this chapter are cumulative
and independently available to the City and the City shall be authorized to pursue any and
all remedies set forth in this chapter to the full extent allowed by law. (Ord. 342 § 12,
1998)
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 1
SECTION 2. All of Chapter of -7, Fire Code within Title 4 of the City of Atascadero Municipal
Code are hereby repealed and replaced by new Chapter 7, Fire Code as follows.
CHAPTER 7 FIRE CODE
4-7.101 Title.
This chapter shall be known as the City of Atascadero Fire Code (22013). (Ord. 553 § 1,
2011)
4-7.102 Adoption of Fire Code and Wildland-Urban Interface Code.
Two (2) documents, three (3) of which are on file in City offices, identified by the Seal of the
City of Atascadero, marked and designated as the (281-02013) Edition of the California Fire Code
and the 20099-2012 Edition of the International Wildland-Urban Interface Code published by the
International Code Council are hereby adopted, including chapters and sections not adopted by
agencies of the State of California, and including appendices thereto, as the Fire Prevention
Regulations of the City of Atascadero. The provisions of such are hereby referred to, adopted, and
made a part hereof as if fully set out in this chapter except as modified hereinafter (2010). (Ord.
553 § 1, 2011)
4-7.103 Modifications to the California Fire Code.
(a) Delete Appendix Chapter A.
(b) Adopt Appendix D without Table D 103.4 and Figure D 103.1 D 103.4.
(c) Amend Chapter I, Division II, Section 10 1. 1 to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Atascadero,
hereinafter referred to as "this code."
(d) Add Chapter- T Division 11 Seetion-4 05.1.4 to roadas follows:
buildingi••;c ai--'c'crnder-Ghapter of tl3(', Galifor-nia Building (`ode All placable
by the building offieia4-.
(ed) Amend Chapter I, Division II, Section 108.1 to read as follows:
108.1 Board of appeals established. In order to hear and decide appeals of orders,
decisions or determinations made by the fire code official relative to the application and
interpretations of this code, there shall be and is hereby created a board of appeals. The
board of appeals shall be the City Council. The fire code official shall be an ex officio
member and shall act as secretary to said board but shall have no vote upon any matter
before the board. The board shall adopt rules of procedure for conducting its business.
(fe) Amend Section 311.2.2 by deletion of Exceptions 1 and 2.
(gf) Amend Section 503. 1.1 to read as follows:
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided
for every facility, building or portion of a building hereafter constructed or moved into or
within the jurisdiction. The fire apparatus access road shall comply with the requirements
of this section and shall extend within 150 feet (45,720mm) of all portions of the facility
and all portions of the exterior walls of the first story of the building measured by an
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DATE: 11-26-13
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approved route around the exterior of the building or facility. Additionally, all roads and
driveways shall comply with Atascadero Fire Department standards F-1, F-2, F-3, F-4, F-
7 and F-8.
Exception: The fire code official is authorized to increase the dimension of 150
feet (45,720 mm) where:
1. Fire apparatus access roads cannot be installed because of location on
property, topography, waterways, nonnegotiable grades or other similar
conditions, and an approved alternative means of protection is provided.
2. There are not more than two Group R-3 or Group U occupancies.
(hg) Amend Section 505.1 to read as follows:
505.1 Address numbers. New and existing buildings shall have approved address
numbers, building numbers or approved building identification placed in a position that is
plainly legible and visible from the street or road fronting the property. All buildings with
access via an alley or other similar roadways shall have the address number provided on
the rear door of the building or tenant space. Address numbers shall contrast with their
background. Address numbers shall be Arabic numerals or alphabet letters. Numbers
shall be a minimum of 4 inches (102 mm) high with a minimum stroke width of 0.5 inch
(12.7 mm) or as otherwise determined necessary by the fire code official. Where access is
by means of a private road and the building cannot be viewed from the public way, a
monument, pole or other sign or means shall be used to identify the structure. -Address
numbers shall be maintained.
(ih) Amend Section (507.2) to read as follows:
507.2.2 Water tanks. Water tanks are not permitted for private fire protection.
(ji) Amend Section 609.2 and add Seeti,.r 609 .2.1 to read to read as follows:
609.2 Where required. A Type I hood shall be installed at or above all commercial
cooking appliances and domestic cooking appliances used for commercial purposes that
produce grease vapors. Hood systems shall be tied into existing alarm systems.
(lei) Amend Section 901.7 to read as follows:
901.7 Systems out of service. Where a required fire protection system is out of service,
the fire code official shall be notified immediately and, where required by the fire code
official, the building shall either be evacuated or an approved fire watch shall be provided
for all occupants left unprotected by the shut down until the fire protection system has
been returned to service.
Where utilized, fire watches shall be provided with at least one approved means for
notification of the fire department and their only duty shall be to perform constant patrols
of the protected premises and keep watch for fires. The person assigned to fire watch
shall maintain a written log of their activities during their assigned shift and the log shall
be provided to the fire code official upon request.
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DATE: 11-26-13
ATTACHMENT: 1
(�k) Delete Sections 903.2 through 903.2.19. Add new Sections 903.2 and 903.2.3 to read as
follows:
903.2 Where required. An approved automatic fire sprinkler system shall be installed:
1. Throughout all new buildings.
Exceptions:
1. Buildings containing Groups B and M occupancies where floor area is
not more than 500 square feet (46.45 m2) and located not less than 10
feet from adjacent buildings on the same property and not- less than 5
feet from adjacent property lines.
2. Buildings containing Group U occupancies where floor area is less than
1,000 square feet (92.9 m2) and located not less than 10 feet from
adjacent buildings on the same property and not less than 5 feet from
adjacent property lines, unless part of a mixed -occupancy building
containing a Group R, Division 3 occupancy.
3. Group U occupancy buildings that are open on at least three sides and
not greater than 3,000 square feet.
2. Throughout an existing building other than a Group R, Division 3 occupancy or a
U occupancy when accessory to a Group R, Division 3 occupancy whenever
additions exceed ten (10) percent of the total floor area of the existing building
and the total combined floor area will exceed 2,000 square feet (185.8 m2), or a
second story or greater is added. o; -the ocettpaney is eha}ged to a
hazardous
Throughout an existing Group R, Division 3 occupancy or Group U occupancy
when accessory to a Group R, Division 3 occupancy whenever additions exceed
ten (10) percent of the total floor area of the existing building and the total
combined floor area will exceed 5,000 square feet (185.8 m2).
Exceptions:
1. Group R, Division 3 occupancies where the total combined floor area
will not exceed 3,000 square feet (278.7 m2).
2. Group B and M occupancies whenever single or multiple additions will
not exceed 1,000 square feet (92.9 m2) beyond the size of the structure on
the effective date of this regulation or the total combined floor area will
not exceed 5,000 square feet (464.5 m2), provided a second story or
greater is not added. , andor- the Aof ehanged to
hazardous e-
903.2.1 When occupancy change increases fire risk or hazard. An automatic
sprinkler system shall be provided for Group A, B, E, F, M and S occupancies where one
of the following conditions exist in existing buildings when modification or tenant
improvements are being considered:
(m) Add Seetion 903.2.1 Fife Spfiaklef 14azafd Ga d as follows:
system r Tall be : aecordance with Table 903.2.1
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DATE: 11-26-13
ATTACHMENT: 1
1. The fire area exceeds 5000 sq. ft. (464m22
2. The fire area has an occupant load of 100 or more.
3. The fire area is located on the floor other than a level of exit discharge serving A,
B, E, F, M and S occupancies.
4. The structure exceeds 5000 sq. ft. (464m2), contains more than one fire area
containing A, B, E, F, M and S occupancies and is separated into two or more
buildings by firewalls of less than four hour fire resistance rating without
openings.
Exceptions:
1. In A-5, F-1 and S-1 the CFC requirements will apply as follows:
An automatic sprinkler system shall be provided for Group A-5
Occupancies in the following areas: concession stands, retail areas,
press boxes and other accessory use areas in excess of 1000 square feet
(90m2). (CFC 903.2.1.5)
2. A Group F-1 Occupancy used for the manufacture of upholstered
furniture or mattresses exceeds 2500 square feet (232M2).CFC 903.2.4,
4)
3. Woodworking Operations. An automatic sprinkler system shall be
provided throughout all Group F-1 occupancy fire areas that contain
wood -working operations in excess of 2500 square feet in area which
generate finely divided combustible waste or which use finely divided
combustible materials. A firewall of less than four hour fire — resistance
rating without openings, or any firewall with openings, shall not be used
to establish separate fire areas. (903.2.4.1)
4. A Group S-1 occupancy used for the storage of upholstered furniture or
mattresses exceeds 2500 square feet (232M2). (903.2.9, 5)
1—,5. Any commercial occupancy, A, B, E, F, M, and S that is partially
converted to an R occupancy within the same building,
903.2.2. Additions to existing buildings equipped with an automatic fire sprinkler
system.
•
1. The fire area exceeds 5000 sq. ft. (464m22
2. The fire area has an occupant load of 100 or more.
3. The fire area is located on the floor other than a level of exit discharge serving A,
B, E, F, M and S occupancies.
4. The structure exceeds 5000 sq. ft. (464m2), contains more than one fire area
containing A, B, E, F, M and S occupancies and is separated into two or more
buildings by firewalls of less than four hour fire resistance rating without
openings.
Exceptions:
1. In A-5, F-1 and S-1 the CFC requirements will apply as follows:
An automatic sprinkler system shall be provided for Group A-5
Occupancies in the following areas: concession stands, retail areas,
press boxes and other accessory use areas in excess of 1000 square feet
(90m2). (CFC 903.2.1.5)
2. A Group F-1 Occupancy used for the manufacture of upholstered
furniture or mattresses exceeds 2500 square feet (232M2).CFC 903.2.4,
4)
3. Woodworking Operations. An automatic sprinkler system shall be
provided throughout all Group F-1 occupancy fire areas that contain
wood -working operations in excess of 2500 square feet in area which
generate finely divided combustible waste or which use finely divided
combustible materials. A firewall of less than four hour fire — resistance
rating without openings, or any firewall with openings, shall not be used
to establish separate fire areas. (903.2.4.1)
4. A Group S-1 occupancy used for the storage of upholstered furniture or
mattresses exceeds 2500 square feet (232M2). (903.2.9, 5)
1—,5. Any commercial occupancy, A, B, E, F, M, and S that is partially
converted to an R occupancy within the same building,
903.2.2. Additions to existing buildings equipped with an automatic fire sprinkler
system.
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DATE: 11-26-13
ATTACHMENT: 1
For the purpose of requiring the automatic fire sprinkler systems specified in this
chapter, the floor area within the surrounding exterior walls shall be considered
as one building.
903.2.3. Telecommunication Buildings.
An automatic fire sprinkler system need not be installed in spaces or areas in
telecommunications buildings used exclusively for telecommunications
equipment, associated electrical power distribution equipment, batteries and
standby engines, provided those spaces or areas are equipped throughout with an
automatic fire alarm system and are separated from the remainder of the building
by fire barriers consisting of not less than 1 -hour fire -resistance -rated walls and
2 -hour fire -resistance -rated floor/ceiling assemblies.
(nl) Add Section 904.11.4.2 through 904.11.4.3 to read as follows:
904.11.4.2 Wood or wood product fueled cooking. All commercial -type cooking
equipment using wood or wood products as fuel shall be protected by an automatic
sprinkler system within the hood and the duct work. The water supply may be provided
from the building's fire sprinkler system, or the domestic water supply. The minimum
water flow calculation shall be 18 gallons per minute (69 1pm) at 7 psi for each head.
There shall be a separate control valve for the fire sprinkler system protecting the
commercial -type cooking equipment.
904.11.E-.4system service. Automatic fire -extinguishing systems shall
be serviced in accordance with the manufacturer's specifications and the California State
Fire Marshal's Standards at least every 6 months and after activation of the system.
Service shall be by licensed and qualified individuals, and a certificate of inspection shall
be forwarded to the fire code official as set forth in Section 609.2.1.
(pm) Add Sections 907.18_1 through 907.38_3 to read as follows:
907.9348_1 False alarms. The fire code official is authorized to seek cost recovery for a
fire department response to an alarm system activation which is determined to be a false
alarm caused by system malfunction, system misuse or other non -emergency causes.
907.938_2 False alarm frequency. The cost recovery fee will be charged for all
responses after the second false alarm in a calendar year.
907.9338_3 False alarm fee. The amount of the cost recovery fee will be as set forth in
the City of Atascadero User Fees Schedule. Additional fees may be charged for
extraordinary circumstances.
($n) Add Section 1411.31011.9 to read as follows:
^1011.9 Temporary exit signage. All buildings under construction or undergoing
demolition shall be provided with temporary exit signage when any one or more of the
following conditions are present:
1. The building is 15,000 square feet or larger.
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2. When in the opinion of the fire code official, exit signage is necessary due to the
design of the building or other unusual circumstances are present.
The location and design of the exit signs shall be determined by the fire code official.
(ro) Amend Section 1415.13315 to v^^a as fellow-sadd subsection 4 through 5:
1415.1 Where required. Struetures under construction, alteration or demolition shall be
provided with not less than one appfoved pot4able fire e*tingttishef in aeeofdanee wi
Seeti ,r 906 and sizedfof not loss than or-dinafy h , .a as follows:
i. At each stair -way all fl oof levels =w hefe eombustible materials have
z. In evefy
3. Additional poftable fire extingttisher-s shall be pfovided whefe speeial hazards
1 l � a f fl
i�cis�rixcrl� , ii�i6t riiiitr-@a �c6�tic=�zo�g�c�HSe-6 @--aid
4. Throughout the building under construction in sufficient quantity so travel
distance does not exceed 75 feet.
5. The minimum rating for fire extinguishers shall be 2AI013C.
(Ord. 553 § 1, 2011)
4-7.104 Modifications to the International Wildland-Urban Interface Code.
(a) Delete Appendix C, E and G.
(b) Amend Section 101.1 to read as follows:
101.1 Title. These regulations shall be known as the Wildland-Urban Interface Code of
the City of Atascadero, hereinafter referred to as "this code." References throughout this
code to the International Building Code shall mean California Building Code. References
throughout this code to the International Fire Code shall mean California Building Code.
(c) Add Section 101.1.1 to read as follows:
101.1.1 Code official designated. For the purposes of this code, the code official shall be
the fire code official or building official as established in the building construction and
fire codes adopted by the City.
(d) Amend Section 104.1 to read as follows:
104.1 General. To determine the suitability of alternate materials and methods and to
provide for reasonable interpretations of the provisions of this code, there shall be and
hereby is created a board of appeals. The board of appeals shall be the City Council. The
building official and fire code official shall be ex officio members, and shall act as
secretary of the board. The board shall adopt reasonable rules and regulations for
conducting its investigations and shall render decisions and findings in writing to the
code official, with a duplicate copy to the applicant.
(e) Amend Section 108 to be titled Certificate of Occupancy and amend Section 108.1 to
read as follows:
108.1 General. A certificate of occupancy shall not be issued by the building official
until the code official determines that the project is in compliance with this code.
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DATE: 11-26-13
ATTACHMENT: 1
(f) Amend Section 302.1 to read as follows:
302.1 Declaration. Wildland-Urban Interface areas shall be established by the Fire
Hazard Severity Zones designated by the
Council.
(g) Amend Section 308.1 to read as follows:
State of California or as declared by the City
308.1.6.3 Sky lanterns. No person shall release or cause to be released an untethered sky
lantern.
(h) Add new definition as follows to section 202:
SKY LANTERN. An unmanned device with a fuel source that incorporates an open
flame in order to make the device airborne.
(gi) Amend Chapter 5 to read as follows:
Section 501. Chapter 5 is deleted in its entirety. Ignition Resistant Construction shall be
as set forth in Chapter 7A of the California Building Code as amended in Section 8-3.101
of the Atascadero Municipal Code.
Adopt all appendix sections except appendix J
(Ord. 553 § 1, 2011)
4-7.105 Adoption of Design Requirements for Roof Mounted Photovoltaic Electrical
Generation Systems.
(a) The Fire Chief shall approve standards for the installation of roof mounted photovoltaic
electrical generations systems.
(b) The installation of all roof mounted photovoltaic electrical generations shall be consistent
with the adopted standards.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 1
SECTION 3.: A summary of this ordinance, approved by the City Attorney, together with the
ayes and noes, shall be published twice: at least five days prior to its final passage in the
Atascadero News, a newspaper published and circulated in the City of Atascadero, and; before
the expiration of fifteen (15) days after its final passage, in the Atascadero News, a newspaper
published and circulated in the City of Atascadero. A copy of the full text of this ordinance shall
be on file in the City Clerk's Office on and after the date following introduction and passage and
shall be available to any interested member of the public.
INTRODUCED at a regular meeting of the City Council held on , and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF ATASCADERO
Tom O'Malley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
ATTACHMENT 2: Draft Ordinance C - Title 8 Building
DRAFT
ORDINANCE C
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 Atascadero)
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,
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ATTACHMENT: 2
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 J101.3, J101.4, J103.2,
J108.1 and J110.2 of the 2010 California Building Code, Sections 710.1, 713.5, 717.0, 719.1 and
Appendix Sections Kl(A) of the 2010 California Plumbing Code, Article 230-70(A)(1) of the
2010 California Electrical Code, and Sections 311.2, 503.1, 505.1, 508.2.2, 603.4, 609.2, 903.2,
904.11.4.2, 904.11.6.4, 1011.1.1-1011.1.3, 1411.4, and 1415.1 of the 2010 California Fire Code
are required to be modified due to the findings contained herein to greater requirements than
those set forth in the California State Building Standards; and,
WHEREAS, the City Council finds that each of the changes or modifications to
measures referred to therein are reasonably necessary because of local climatic, geological, or
topographical conditions in the area encompassed by the boundaries of the City of Atascadero,
and the City Council further finds that the following findings support the local necessity for the
changes or modifications:
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 2010
California Electrical Code, and Sections 311.2, 503.1, 505.1, 508.2.2, 603.4, 609.2,
903.2, 904.11.4.2, 904.11.6.4„ 1011.1.1-1011.1.3, 1411.4, and 1415.1 of the 2010
California Fire Code.
2. That the City of Atascadero is situated near three major faults each capable of
generating earthquakes with a magnitude of 7.5. These are the San Andreas to the east
of the City, the Nacimiento-Rinconada that crosses Hwy 101 north of the City then
parallels the City to the east, and the Hosgri to the South West. Other faults of
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ATTACHMENT: 2
importance are the Huasna and West Huasna to the Southeast of the City, the San
Simeon to the Northwest. In as much as these faults are included as major California
earthquake faults, which are subject to becoming active at any time, the City
Atascadero is particularly vulnerable to devastation should such an earthquake occur.
The potential effects include isolating the City of Atascadero from the North and
South due to the potential for collapsing of freeway overpasses or a slide on both the
Cuesta and Ontario Grades and the potential for horizontal or vertical movement of
the Edna fault rendering surface travel across the southern extremities of the city
unduly burdensome or impossible. Additional potential situations inherent in such an
occurrence include broken natural-gas mains causing structure and other fires,
leakage of hazardous materials, the need for rescues from collapsed structures, and
the rendering of first aid and other medical attention to large numbers of people. The
protection of human life and the preservation of property in the event of such an
occurrence support the imposition of fire protection requirements greater than those
set forth in the California State Building Standards Code and in particular support the
imposition of greater requirements than set forth in Sections 701A.3.2, 903.2,
1011.1.1-1011.1.3, 1505. 1, and 1506.3.1 of the 2010 California Building Code,
Article 230-70 of the 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 2010
California Electrical Code, and Sections 311.2, 503.1, 505.1, 508.2.2, 603.4, 609.2,
903.2, 904.11.4.2, 904.11.6.4„ 1011.1.1-1011.1.3, 1411.4, and 1415.1 of the 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
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to said incidents may be unduly impeded and delayed in accomplishing an emergency
response as a result of this situation, with the potential result of undue and
unnecessary risk to the protection of life and public safety, particularly in those
buildings or structures without the protection of automatic fire sprinklers. The above-
described problems support the imposition of fire protection requirements greater
than those set forth in the California State Building Standards Code, and in particular
support the imposition of greater requirements than set forth in Sections 701A.3.2,
903.2, 1011.1.1-1011.1.3, 1505. 1, and 1506.3.1 of the 2013 California Building Code,
Article 230-70 of the 2010 California Electrical Code, and Sections 311.2, 503. 1,
505.1, 508.2.2, 603.4, 609.2, 903.2, 904.11.4.2, 904.11.6.4, 1011.1.1-1011.1.3,
1411.4, and 1415.1 of the 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
2010 California Electrical Code, and Sections 311.2, 503.1, 505.1, 508.2.2, 603.4,
609.2, 903.2, 904.11.4.2, 904.11.6.4„ 1011.1.1-1011.1.3, 1411.4, and 1415.1 of the
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 2010
California Building Code, Sections 710.1, 713.5, 717.0, 719.1 and Appendix Section
KI (A) of the 2013 California Plumbing Code; and,
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
WHEREAS, the City Council has determined that the provisions of the State Building
Standards Code are shall be modified, changed and amended, as provided for in this ordinance,
based upon the foregoing findings and that said Council takes said action because of the public
interest in protecting life and preserving public safety and property; and,
WHEREAS, the Building Official is hereby authorized and directed to transmit a copy of
this ordinance to the California Building Standards Commission as required by California Health
and Safety Code Section 17958.7.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. All 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.
SeverrTen (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. 2010 2013 Edition of the California Building Code (Volumes 1 and 2) published
by the International Code Council
2. 2010 2013 Edition of the California Residential Code published by the
International Code Council
3. 2010 2013 Edition of the California Electrical Code published by the National
Fire Protection Association
4. 2010-2013 Edition of the California Mechanical Code published by the
International Association of Plumbing and Mechanical Officials
5. 2010-2013 California Plumbing Code published by the International Association
of Plumbing and Mechanical Officials
6. 2010 2013 Edition of the California Green Building Code
7. 2010-2013 Edition of California Energy Code
8. 2010-2013 Edition of the California Historical Building Code
9. 2010-2013 Edition of the California Existing Building Code
10. 2089-2012 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
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
made a part hereof as if fully set out in this chapter except as modified hereinafter. (Ord.
520 § 1 (part), 2007)
8-1.103 Building Official designated.
The Building Official is hereby designated as the Building Official and Code Official for
the City of Atascadero. Where the "authority having jurisdiction" is used in the adopted
codes, it shall mean the building official. (Ord. 520 § 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 II 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 parkin - facility, acility, the installation of which is regulated
by this code, or cause any such work to be done, shall first make application to the
building official and obtain the required permit.
Grading and/or waste disposal system permits for residential sites shall not be
issued separately from the building permit for the residence without specific
approval of the building official and Community Development Director.
105.1.3 Cargo containers and railroad cars. Railroad cars, cabooses, shipping
containers, mobile homes without HUD certification label, and similar assemblies
shall not be moved into or relocated within the City limits for habitation, storage
or any structural purpose without approval of the building official. Said structures
do not qualify as conventional construction, and therefore compliance with all
applicable codes shall be substantiated by a California licensed architect or
engineer.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
(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.
1. Expiration of Plan Revie-= 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.
Refunds will not be processed for applications and/or permits that have
been suspended or revoked, or that have expired due to limitation.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
3. Dormant building permit application one -time -only blanket extension.
In addition to the time extension allowed in section 105.3.2.1., any
building permit application for new single -family -residence, new multi-
family -residence, new commercial or industrial building, or a commercial
or industrial addition, submitted to the City of Atascadero on or before
September 9, 2008, may opt into a one -time -only application extension. In
order to be considered for this program, all outstanding plan check fees
must be paid in full on or before February 28, 2009, and any subsequent
building permit regulated by this program must be paid for in full and
issued on or before jure 3n, 20 10 December 31,24132014. 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 buildinLy hermit anulication 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.
(de) Amend Appendix Section 105.5 to read as follows:
105.5 Expiration of permit. Every permit issued by the building official under
the provisions of this code shall expire by limitation and become null and void if
the building or work authorized by such permit is not commenced within 180
days from the date of issuance of such permit, or if the building or work
authorized by such permit is suspended or abandoned for a period of 180 days at
any time after the work is commenced. Failure to request and receive a recorded
inspection by the building official within the 180 -day period constitutes a
condition of suspension or abandonment.
Before work can be recommenced after expiration of a permit, a new permit shall
be obtained to do so, and the fee therefore shall be one half the amount required
for a new permit for such work, provided no changes have been made or will be
made in the original plans and specifications for such work, and provided further
that such suspension or abandonment has not exceeded one year. In order to
renew action on a permit after expiration, the permittee shall pay a new full
permit fee.
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
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
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 necessM permits shall
be subject to the followinginvestigative nvestigative 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.
(ge) Amend Appendix Section 113 to read as follows:
BUILDING CODE APPEALS HEARING OFFICER
113. General. In order to determine the suitabilitv 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 Codeby the r,:,-eete, of
C—emmuflnty Qgyg��.
113.2. Limitations on authoritv. An annlication for abDeal 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.
113.3. Hearing procedure. Hearing procedure shall be consistent with Title 12
Chapter 2 of the Atascadero Municipal Code.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
(hf) 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
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.
(ig) Amend Appendix Section 116.1 -of 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
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(hf) 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
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.
(ig) Amend Appendix Section 116.1 -of 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
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
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 24W2012
edition of the International Property Maintenance Code, as adopted. A vacant
structure that is not secured against entry shall be deemed unsafe.
& 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
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.
(ki) 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 adopted Codes.
The administration and enforcement of this title shall be in accordance with Chapter 1,
Division II 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.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
(a) Delete Appendix A, B, C, D, F, G, H, K, L and M. Adopt Appendix 1and 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:
701A.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:
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.
(eJ) 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.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
(fg) Delete Sections 903.2 through 903.2.19. Add new Sections 903.2 arab
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).
VA
ErNmrm.
•
•
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
(g) Amend Section 1505.1 to read as follows:
.Mml,
(g) Amend Section 1505.1 to read as follows:
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
1505.1 General. Roof assemblies shall be divided into the classes as defined
below. Class A, B and C roof assemblies and roof coverings required to be listed
by this section shall be tested in accordance with ASTM E 108 or UL 790. In
addition, fire -retardant -treated wood roof coverings shall be tested in accordance
with ASTM D 2898. The minimum roof coverings installed on new and existing
buildings shall be a Class A assembly.
Exception: Skylights and sloped glazing that comply with Chapter 24 or Section
2610.
(1 j) Add Section 1506.3.1 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:
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.
& 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:
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 meed 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
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
architect or engineer provides a foundation design and a site observation
report with a statement of site suitability.
( k) Add Sections 3408. 1.1 through 3408.1.4.3 to read as follows:
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.
Table 3408.1.2
Means of Egress Hazard Categories
Relative Hazard
Occupancy Classifications
1 (Highest Hazard)
H
2
1-2,1-3,1-4
3
A, E, I-1, M, R-1, R-2, R-4
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.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
3408.1.3 Heights and areas. Hazard categories in regard to height and area shall
be in accordance with Table 3408.1.3.
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, I, R-1, R-2, R-4
3
E, F-1, S-1, M
4 (Lowest Hazard)
B, F-2, S-2, A-5, R-3, U
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
I (Highest Hazard)
H
2
F-1, M, S-1
3
A, B, E,I,R
4 (Lowest Hazard)
F-2, S-2, U
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
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.
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 walls shall be protected as
required by the California Building Code. Where openings are required to be
protected because of distance from the property line, the sum of the area of such
openings shall not exceed 50 percent of the total area of the wall in each story.
Exceptions:
1. Where the California Building Code permits openings in excess of 50
percent.
2. Protected openings shall not be required in buildings of Group R
occupancy that do not exceed three stories in height and that are located
not less than 3 feet (914 mm) from the property line.
3. Where exterior opening protectives are required, an automatic sprinkler
system throughout may be substituted for opening protection.
4. Exterior opening protectives are not required when the change of
occupancy group is to an equal or lower hazard classification in
accordance with Table 3408.1.4.
(kl) 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:
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
Items 4 and S 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.
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).
(lm) 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.
(Mn) 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:
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
Area of cuts and fills. Cuts and fills shall be limited to the minimum
amount necessary to provide stable embankments for required parking
areas or street rights-of-way, structural foundations, and adequate yard
areas. Consideration shall be given to revising the building design to
minimize unnecessary grading.
2. Creation of building sites: slope limitations. Grading for the purpose of
creating a site for a building or structure shall be prohibited on 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.
(Ile) Add Appendix Section J101.4 to read as follows:
J101.4 Grading near watercourses such as creeks, streams and rivers
(collectively referred to as "creeks"). Grading, dredging, or diking may not alter
any intermittent or perennial stream or natural body of water shown on any USGS
7 1/2 minute map, except as permitted through approval of a grading and drainage
plan, and appropriate permits from the California Department of Fish and Game
and any other federal or State agency with jurisdiction over work near or in
creeks. Watercourses are to be protected as follows:
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.
(op) Amend Appendix Section J103.2 to read as follows:
J103.2 Exempted work. A grading permit shall not be required for the following:
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.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
2. Excavation for construction of a structure permitted under this code.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
5. Excavations for wells, or trenches for utilities.
6. Mining, quarrying, excavating, processing, or stockpiling of rock, sand,
gravel, aggregate, or clay controlled by other regulations, provided such
operations do not affect the lateral support of, or significantly increase
stresses in, soil on adjoining properties.
7. Exploratory excavations performed under the direction of a registered
design professional. Any grading needed to gain access to exploratory
excavation areas is not included in this exemption.
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.
(pq) Add Appendix Sections J104.2.1 and J104.2.2 to read as follows:
J104.2.1 Application content. To apply for a grading permit, the grading plan
shall be submitted together with the additional information required by this
section. Where grading requiring a permit is proposed in conjunction with a
precise plan or conditional use permit request, those applications may be used to
satisfy grading permit information requirements as long as all required
information is submitted.
Where a grading permit is required and the grading will move less than 500 cubic
yards and is located on slopes less than 20 percent, the application for a grading
permit shall include the following:
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.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
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.
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.
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
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
Prevention Plan shall be in compliance with the most recent General
Construction Permit issued by the State Water Resources Control Board.
Where the grading will move 500 cubic yards or more, is located on slopes of 20
percent or greater, or is located within a Geologic Hazard overlay zone or Flood
Hazard overlay zone, the grading plan shall be prepared and certified by a
registered civil engineer and shall include specifications covering construction
and material requirements in addition to the information required above. The
grading plan shall also include:
If located in a Flood Hazard Area, the grading plan shall include flood
way and -flood zone boundaries and appropriate mitigations required by
Municipal CodeTitle 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.
(qr) 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.
Q -s) Add Appendix Section J110.2 to read as follows:
J110.2 Revegetation. Where natural vegetation has been removed through
grading in areas not affected by the landscaping requirements and that shall not be
occupied by structures, such areas shall be replanted to prevent erosion after
construction activities are completed as follows:
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.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
2. Methods of revegetation. Acceptable methods of revegetation include
hydro -mulching, or the planting of rye grass, barley or other seed with
equivalent germination rates. Where lawn or turf grass is to be established,
lawn grass seed or other appropriate landscaping cover shall be sown at
not less than four (4) pounds to each one thousand (1000) square feet of
land area. Other revegetation methods offering equivalent protection may
be approved by the building official. Plant materials shall be watered at
intervals sufficient to assure survival and growth. Native plant materials
are encouraged to reduce irrigation demands.
3. Off-site effects. Grading operations shall be conducted to prevent
damaging effects of erosion, sediment production and dust on adjacent
property, including public and private rights-of-way.
rES-IRMAKIMIMEN..
Chapter 4 RESIDENTIAL CODE
8-4.101 Modifications to the California Residential Code.
(a) Delete Appendix A, B, C, D, E, F, G, I, J, K, L, M, N O P, Q and R. Adopt
Appendix H and 0.
(b) Delete Chapter I, Division II. Administration of the California Residential Code
shall be as set forth in Chapter 1 Division II of the California Building Code, as
amended.
(c) Delete Section R313. Add new Section R313 to read as follows:
Section R313 Required. Fire sprinkler systems shall be as set forth in Section
903.2 of the California Building Code, as amended.
(d) Amend Section R401.1 to read as follows:
Section R401.1. Required. The owner or applicant shall submit foundation and
soils investigation report to the building official as set forth in the California
Building Code, as amended.
Chapter 5 ELECTRICAL CODE
8-5.101 Modifications of the California Electrical Code.
(a) Administration of the California Electrical Code shall be as set forth in Chapter
Division II of the California Building Code, as amended.
(b) Amend Article 230-70(A)(1) to read as follows:
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
(1) Readily Accessible Location. The service disconnecting means shall be
installed at a readily accessible location either outside the building or other
structure, or inside nearest the point of entrance of the service conductors. The
disconnecting means shall be accessible to emergency personnel, either directly or
by a remote actuating device, without requiring transit of the building interior.
Dedicated electrical equipment rooms located at the building perimeter and
providing direct access to the outside shall satisfy accessibility for emergency
personnel.
(Ord. 520 § 1 (part), 2007)
Chapter 6 PLUMBING CODE
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.
(ab) Delete Appendix CD, E, F, G, J, K and L. Adopt Appendix A, B, HI and KI.
(be) 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.
(cd) 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.
(de) Amend 717 to read as follows:
717.0 Size of building sewers. The minimum size of any building sewer shall be
determined on the basis of the total number of fixture units drained by such sewer,
in accordance with Table 7-8. No sewer shall be smaller than the building drain.
All building sewers shall be constructed with pipe of internal diameter not less
than four (4) inches (100 mm), unless a pipe of internal diameter not less than
three (3) inches is approved by the Authority Having Jurisdiction.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
(ef) Amend Section 719.1 to read as follows:
719.1 A cleanout shall be placed in every building sewer within five (5) feet of
each building, at all changes in alignment or grade in excess of one hundred thirty
five (13 5) degrees, within five (5) feet of the junction with the public sewer, and
at intervals not to exceed one hundred (100) feet in straight runs. The cleanout
shall be made by inserting a "Y" fitting in the line and fitting the cleanout in the
"Y" branch in an approved manner. In the case of a cleanout near the junction of
the public sewer, the "Y" branch riser shall be extended to a depth of not more
than one (1) foot. All other cleanouts shall be extended to finish grade.
(fg) 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 I -H of the California Plumbing Code and with
standards specified in this section. Where specific standards in this section and the
Appendix I -H conflict, the most restrictive standard shall apply. Where specific
standards are not provided within this section or where the Authority a^.,1 -
RifisdietienCity determines that higher requirements are necessary to maintain a safe and
sanitary condition, the "Water Quality Control Plan, Central Coast Basin" (adopted by
the Central Coast Regional Water Quality Control Board or other recognized industry
standards) may be used as ideli e by the Lith r -it , Having Tur-isdieti ,nbv 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
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
percolation test shall be required prior to issuance of a permit for all new,
replacement or enlarged private sewage disposal systems. Percolation tests shall
be conducted within the soil that will be used for the leachfield. Percolation tests
that are older than five vears will not be accented. unless the reizistered 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 ^ uthaFity Having
T„onCity
(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 "„tion.* Having ur-isdietionCity:
(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.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
(2) Type of Test Holes. The test hole shall have horizontal dimensions
between four (4) and twelve (12) inches and vertical sides to the depth of
the absorption trench.
(3) Preparation of Test Holes. Smeared soil surfaces shall be removed from
the sides and bottom of the test hole to provide a natural soil interface. All
loose material shall be removed from the test hole. Two (2) inches of
coarse sand or fine gravel shall be added to the test hole to protect the
bottom from scouring and sediment.
(4) Soil Saturation and Swelling. The test hole is to be carefully filled to a
depth of one (1) foot above the gravel or sand with clear water, which is to
be kept in the hole for at least four (4) hours but preferably overnight. This
step may be omitted in sandy soils containing little or no clay.
(5) Measurement of Percolation Rate. The percolation rate shall be
determined twenty-four (24) hours after water is first added to the test
holes; except, in sandy soils containing little or no clay, the percolation
rate shall be determined after the water from one (1) filling of the test hole
has completely seeped away.
(i) If water remains in the test hole after the overnight swelling period,
adjust the depth to approximately six (6) inches over the gravel or
sand and, from a fixed referenced point, measure the drop in water
level over a thirty (30) minute period to calculate the percolation
rate.
(ii) If no water remains in the test hole after the overnight swelling
period, add clear water to bring the depth of water in the test hole
to approximately six (6) inches over the gravel or sand. From a
fixed reference point, measure the drop in water level at
approximately thirty (30) minute intervals over four (4) hours
refilling six (6) inches over the gravel or sand as necessary. The
drop that occurs during the final thirty (30) minute period is used
to calculate the percolation rate. The drops during prior periods
provide information for possible modification of the test procedure
to suit local conditions.
(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.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
(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 A f
T,,,
Aa Absorption area per bedroom
Nb= Number of bedrooms
A= 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
Authority Having rufisdiet e 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 Authority Having Tufisdiet a City swill not approve a
separation less than that set forth in the "Water Quality Control Plan
Central Coast Region" unless the Regional Water Quality Control Board
or its designated representatives have previously approved the design.
(3) Plastic Leach Chamber. Plastic leach chamber systems shall be installed
per the requirements of Table 4-5, when the percolation rate is less than
thirty (30) minutes per inch.
(4)Standard Trench Lengths. Standard trench lengths for percolation rates less
than thirty (30) minutes per inch are included in Table 4-6. The trench
lengths shown in Table 4-6 are for a standard three (3) foot wide trench
with three (3) feet of gravel below the distribution pipe. Other trench
configurations may require different trench lengths and system design.
The sections included in this chapter shall be complied with for designs
that differ from the lengths shown in Table 4-6.
(e) Additional Standards.
(1) Existing legal building sites that are served by an individual on-site well
may be approved for a private sewage disposal system only if the site is
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
one (1) acre or larger in size and meets other regulations and requirements
regarding septic setbacks and distance separation.
(2) Private sewage disposal systems proposed to be installed on slopes of
twenty (20) percent or more shall be designed by and have their
installation inspected and be certified to be in substantial conformance
with the City approved engineering plans by a Registered Civil Engineer
or Registered Environmental Health Specialist. The design shall minimize
grading disruption associated with access for installation and maintenance.
Such systems shall be prohibited on slopes of thirty (30) percent or more,
unless approved by both the Authority Hayi gtir- sdi io 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
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.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
(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 ^ uthof!ity u�,,;,, .
T„City
(2) Septic tanks shall be constructed and installed as specified in the
California Plumbing Code, Appendix ISH. In addition, the following
standards shall be met. Septic tank sizes shall be in conformance with
Table 4-7. Septic tanks shall be repaired only by a licensed contractor.
(i) Water tightness shall be ensured prior to backfilling the excavation
around the tank. The water tightness test shall be conducted in
conformity with the American Society for Testing and Materials
(ASTM) Standard C 1227 or equivalent. The installer shall provide
a written report of the results of the test to the Building Official.
(ii) All septic tanks for new systems and replacement tanks for existing
systems shall be equipped with an effluent filter that complies with
the American National Standards Institute (ANSI) Standard 46.
The filter shall be accessible for cleaning, replacement and
maintenance. Filters shall be maintained as required by their
listing; the owner shall maintain records of filter maintenance but
need not submit these records to the GotHiAyCity.
(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.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
(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 Atithefity Ha -v ng Tufisaie6erCity.
(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
n tithe,-ity Having Tufisdiet e 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
with a minimum of twelve (12) inches of clean earth cover, free of debris
and rock.
(5) Seepage pits shall have an effective disposal depth of at least ten (10)
feet. Effective disposal depth is defined as total depth subtracted by the
distance below the grade to the uppermost disposal pipe perforation.
(6) The maximum depth of a seepage pit shall be fifty (50) feet, unless the
Building Official provides written approval for a greater depth.
(7) Multiple seepage pit installations shall receive septic tank effluent via an
approved distribution method. The percentage distribution of effluent
entering each seepage pit shall be determined by the performance test of
the seepage pit and shall be approved by the Authority .4.41
r„onCity.
(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) Design Flow Rate. For single-family dwellings, the daily design flow shall be
three hundred seventy-five (375) gallons per day for up to four (4) bedrooms, with
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
one hundred fifty (150) gallons per day for each additional bedroom in excess of
four (4). For other occupancies, refer to the California Plumbing Code, Appendix
ISH.
(j) Special Design Standards. The following standards shall be used in the design of
new or enlarged private sewage disposal systems where the percolation rate
equals or exceeds thirty (30) minutes per inch. Designs for alternate types of
private sewage disposal systems shall be by a Registered Civil Engineer and may
be approved by the ^ aw inistfat ve ^ thorityBuilding 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 of -Size. of Disposal Field. The size of the
disposal field shall be determined by the Design Engineer using methods
of accepted engineering practice including manuals and documents
specified in this chapter or as otherwise approved by the ^ „*than,* a
r„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.”
(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 ttth r-ity 14 .,1 g
Turion-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.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
(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 Autherity Having Tufisdietie„ 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.
Table 4-1
Absorption Area Requirements
Percolation Rate (Minutes/Inch)
Absorption Area per Bedroom (Square Feet)
09
150
10
165
1115
190
1620
215
2125
230
2630
250
3135
270
36-40
285
41-45
300
4650
315
5160
330
6170
380
7180
430
8190
520
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
Percolation Rate (Minutes/Inch)
Absorption Area per Bedroom (Square Feet)
91-100
660
101-110
830
111-120
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
18
.60
.64
.66
.69
.71
.73
.75
.77
.78
24
.50
.54
.57
.60
1 .62
.64
1 .66
.68
.70
30
.43
.47
.50
.53
.55
.58
.60
.62
.64
36
.37
.41
.44
.47
.50
.52
.54
.56
.58
42
.33
.37
.40
.43
.45
.48
.50
.52
.54
48
.30
.33
.36
.39
.42
.44
.46
.48
.50
Note: For trenches not shown in Table 4-2, the standard trench adjustment factor may be:
Trench Adjustment Factor =
W = width of trench (in feet)
D = depth of gravel below pipe (in feet)
Table 4-3
Horizontal Distance Separation (In Feet)
W+2
W+1+2D
Leach Field or
Building Sewer
Septic Tank
Seepage Bed
Seepage Pit
Buildings or structures, including porches, steps,
2
5
80)
80)
breezeways, patios, and carports whether covered
or not
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
Notes:
(1) Distance separation shall be increased to twenty (20) feet when building or structure is located on a downward slope below a
leach field, seepage bed or seepage pit.
(2) See Section 315(c) of this code.
(3) Distance separation may be reduced to twenty-five (25) feet when the drainage piping is constructed of materials approved
for rise within a building.
(4) See Section 1108 of this code.
(5) For parallel construction or crossings, approval by the Health Department shall be required.
(6) Distance is measured as horizontal distance to daylight. This distance may be reduced where it is demonstrated that favorable
geologic conditions and soil permeability exist based on a report and analysis prepared by a licensed geologist or soils
engineer.
(7) Distance is measured at spillway elevation.
(8) A natural or artificial channel for passage of water, a running stream of water, or a natural stream fed from permanent or
natural sources such as rivers, creeks, runs, and rivulets. There must be a stream, usually flowing in a particular direction
(though it need not flow continuously) in a definite channel, having a bed or banks and usually discharging into a stream or
body of water.
(9) A pond, lake, tank, basin or other space either natural or created whole or in part by the building of engineering structures,
which is used for storage, regulation, and control of water, recreation, power, flood control, or drinking.
(10) Topographic low point that conveys water to watercourses.
(*) See tree protection guidelines.
Building Sewer
Septic Tank
Leach Field or
Seepage Bed
Seepage Pit
Property line
Clear (2)
5
5
10
Water supply well in unconfined aquifer
50(3)
50
100
150
Watercourse (g)
50
50
100
100
Swales (10)
50
50
50
50
Native Trees
*
101"
*
10(x)
Seepage pits
5
5
12
Leach field or seepage bed
5
6
5
On-site domestic water service line
11"
5
5
5
Distribution box
5
5
Pressure public water main
100 )
10
10
10
Sloping ground, cuts, or other embankments
15(6)
15 (6)
Reservoirs (9), including ponds, lakes, tanks,
basins, etc. for storage, regulation and control of
water recreation, power, flood control or linking
200
200
200(')
200(')
Springs
100
100
100
100
Notes:
(1) Distance separation shall be increased to twenty (20) feet when building or structure is located on a downward slope below a
leach field, seepage bed or seepage pit.
(2) See Section 315(c) of this code.
(3) Distance separation may be reduced to twenty-five (25) feet when the drainage piping is constructed of materials approved
for rise within a building.
(4) See Section 1108 of this code.
(5) For parallel construction or crossings, approval by the Health Department shall be required.
(6) Distance is measured as horizontal distance to daylight. This distance may be reduced where it is demonstrated that favorable
geologic conditions and soil permeability exist based on a report and analysis prepared by a licensed geologist or soils
engineer.
(7) Distance is measured at spillway elevation.
(8) A natural or artificial channel for passage of water, a running stream of water, or a natural stream fed from permanent or
natural sources such as rivers, creeks, runs, and rivulets. There must be a stream, usually flowing in a particular direction
(though it need not flow continuously) in a definite channel, having a bed or banks and usually discharging into a stream or
body of water.
(9) A pond, lake, tank, basin or other space either natural or created whole or in part by the building of engineering structures,
which is used for storage, regulation, and control of water, recreation, power, flood control, or drinking.
(10) Topographic low point that conveys water to watercourses.
(*) See tree protection guidelines.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
Table 4-4
Vertical Distance Separation (In Feet)
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.
2 Gravels—Soils with over ninety-five percent (95%) by weight coarser than a No. 200 sieve and over one-half (1/2) of the
coarse fraction larger than a No. 4 sieve.
3 Gravels with few fines—Soils with ninety percent (90%) to ninety-four percent (94%) coarse fraction larger than a No. 4
sieve.
Table 4-5
Hi Capacity Infiltrator System Design
Requirements
Percolation Rate
Leach Field or Seepage Bed
Seepage Pit
Groundwater, where percolation rate (min/in) is
1 bed
2 bed
<1
50'
<1-9
1-4
20'
90
5-29
8
36
>30
5
132
Groundwater, where soil is
42
72
Gravels2
154
50'
Gravels with few fines3
84
20'
Other
21-26
10
Bedrock
10
10
Note: Distance is measured from bottom of trench or pit.
' Unless a setback distance of at least two hundred fifty (250) feet to any domestic water supply well or surface water is
assured. In this case the minimum separation shall be ten (10) feet.
2 Gravels—Soils with over ninety-five percent (95%) by weight coarser than a No. 200 sieve and over one-half (1/2) of the
coarse fraction larger than a No. 4 sieve.
3 Gravels with few fines—Soils with ninety percent (90%) to ninety-four percent (94%) coarse fraction larger than a No. 4
sieve.
Table 4-5
Hi Capacity Infiltrator System Design
Requirements
Percolation Rate
Ini-iltrator Trench Length (feet)*
High Capacity Chambers$
1 bed
2 bed
3 bed
4 bed'
<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
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
Trench lengths good for up to three (3) bedrooms.
t Homes larger than four (4) bedrooms shall be calculated as required by this chapter.
Consult manufacturer design criteria for alternative product design criteria. This information shall be submitted to the City
for review prior to system approval.
Table 4-6
Requirements for Gravel Standard System Trench Lengths
Percolation Rate
Standard 3'x3' Trench Length (feet)*
Gravel Trench
1 bed
2 bed
3 bed
4 bedt
<1-9
25
50
75
100
10
28
55
83
110
11-15
32
63
95
127
16-20
36
72
108
143
21-26
38
77
115
153
26-29
42
83
125
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
750
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)
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
Chapter 7 MECHANICAL CODE
8-7.101 Modifications to the California Mechanical Code.
(a) Delete Chapter 1, Division IL Administration of the mechanical code shall be as
set forth in Chapter 1 Division II of the California Building Code.
(b) Adopt Appendix A—,B, C and D. Delete Appendix A, E, F and G. (Ord. 520 § 1
(part), 2007)
Chapter 8 GREEN BUILDING CODE
8-8.101 Modifications to the California Green Building Code
Delete Appendix A4, A5and A -5A6.1.
{*th) Amend Section 4.408 to read as follows:
4.408.1 Construction waste management.
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 10 1. 1 to read as follows:
101.1 Title. These regulations shall be known as the Property Maintenance Code
of Atascadero, hereinafter referred to as "this code".
(b) Amend Section 102.3 to read as follows:
102.3 Application of other codes. Repairs, additions or alterations to a structure,
or changes of occupancy, shall be done in accordance with the procedures and
provisions of the California Building Standards Code and other applicable laws
and ordinances.
(c) Amend Section 103.1 to read as follows:
103.1 General. The office of property maintenance inspection is hereby created
and the executive official in charge thereof shall be known as the code official.
(d) Amend Section 103.5 to read as follows:
103.5 Fees. The fees for activities and services performed by the code official
under this code shall be in accordance with the schedule as established by the
applicable governing authority.
(Ord. 520 § 1 (part), 2007)
Chapter 10 WATER EFFICIENT LANDSCAPE AND IRRIGATION
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
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;
(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.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
"Project applicant" means the individual or entity requesting a permit, plan check
or design review from the local agency. A project applicant may be the property
owner or designee.
"Rehabilitated landscape" means any relandscaping project that requires a permit,
plan check, or design review.
"Runoff' means water which is not absorbed by the soil or landscape to which it
is applied and flows from the landscape area. For example, runoff may result from
water that is applied at too great a rate (application rate exceeds infiltration rate)
or when there is a slope.
"Single-family residential" means one (1) home on one (1) lot, or multiple
detached units on one (1) lot (not attached).
"Soil moisture 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.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
(b) Building Permit. In conjunction with the submittal of a project for building permit
plan check, final landscape and irrigation plans, in compliance with this chapter,
shall be submitted with the project. After a plan check review by the Planning
and/or Building and/or Public Works Departments for compliance with this
chapter, a building permit may be issued. Fees consistent with the fees established
for building plan check will be applied for staff review of the landscape and
irrigation plan.
(1) Residential Building Permits.
(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 both projects less than or greater than
one (1) acre, the landscape and irrigation shall be installed per the approved plans
prior to the issuance of a certificate of occupancy or "final" of the
building/project.
(e) Landscape Bond.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
(1) For projects that have a landscape area of one (1) acre or greater and
require a LDP, a bond may be posted which would allow a building to be
finaled and a certificate of occupancy to be issued prior to the site
landscape and irrigation being completed. The bond shall be based on an
estimate for labor and materials to complete the landscape and irrigation
project per the approved plans, plus an additional twenty-five (25) percent.
The applicant shall fill out the landscape bond security bond agreement
along with the necessary bonding information, to the Public Works
Department for review and approval to determine the specific bond
amount.
(2) For projects that have a landscape area of less than one (1) acre which
does not require the LDP, the Community Development Director or
designee may approve a bond to be posted which would allow a building
to be finaled and a certificate of occupancy to be issued prior to the site
landscape and irrigation being completed.
(f) Water Waste Prevention. This provision applies to all properties with the City
limits.
(1) Overhead irrigation of residential and commercial landscapes, including
golf courses, parks, school grounds and recreation fields, shall be
prohibited between the hours of 10:00 a.m. and 5:00 p.m.
(i) Exceptions to the permitted watering timeframe are permitted for
renovation or repair of the irrigation system with an operator
present, landscape irrigation audits, the reseeding or planting of
turf grass not to exceed an establishment period of twenty-one (2 1)
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;
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
(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);
(4) Developments shall be graded to maximize the on-site distribution of
runoff to planted areas;
(5) For nonturf areas, landscape shall utilize a planting palette of low water
use plants designated by the Atascadero Mutual Water Company's list of
water conserving plants;
(6) A minimum two (2) inch layer of mulch shall be applied on all exposed
soil surfaces of planting areas except in turf areas, creeping or rooting
groundcovers, or direct seeding applications where mulch is
contraindicated;
(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;
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
(12) The architectural guidelines and codes, covenants, and restrictions of
common interest developments shall not have the effect of prohibiting the
use of low-water use plants or requiring turf grass in landscaped areas;
(13) The Building Official shall have the authority to grant modifications to
subsections (1) through (12) for individual cases provided that the
Building Official first finds that the modification is in compliance with the
intent and purpose of this chapter and that such modification does not
create water waste or additional water use than would be created if
subsections (1) through (12) were implemented.
(b) Commercial and industrial projects shall comply with the following turf
limitations:
(1) The area planted in turf grass and irrigated with spray irrigation shall be
limited to ten (10) percent of the development's landscapable area or two
thousand five hundred (2,500) square feet, whichever is less.
(i) Exceptions. This section does not apply to cemeteries, plant
collections as part of botanical gardens and arboretums open to the
public, City and public parks, and school sports fields.
(c) Single-family residences shall comply with the following turf limitations:
(1) Turf grass installed with spray irrigation on residential lots shall be limited
to twenty-five (25) percent of the landscapable area or two thousand five
hundred (2,500) square feet, whichever is less.
(d) Multifamily projects and residential subdivision tracts shall comply with the
following turf limitations:
(1) Turf grass installed with spray irrigation on individual residential lots shall
be limited to twenty-five (25) percent of the landscapable area or two
thousand five hundred (2,500) square feet, whichever is less.
(i) Landscape area for new residential subdivisions will be calculated
on an individual lot basis as each lot develops, not a total of
landscape areas prior to subdivision.
(2) Turf grass in common outdoor areas (including landscape and lighting
district areas) shall be limited to ten (10) percent of the landscapable area.
(i) The ten (10) percent limitation shall be exclusive of areas designed
as active play surfaces (e.g., ballfields, playgrounds, picnic areas).
All other common landscape within the subdivision or multifamily
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
project will be designed under one (1) permit subject to the
maximum turf limitations.
(ii) Active play areas open to the public are exempt from this
provision.
(e) Model homes shall comply with the following:
(1) Turf grass shall be prohibited in the front yards of model homes, and shall
be limited to fifty (50) percent of the landscapable area in back and side
yards, or two thousand five hundred (2,500) square feet, whichever is less.
(2) Model homes shall be used to educate future home owners about water
efficient landscape and irrigation techniques. Education features for model
homes shall include:
(i) The installation of interpretive landscape information signs that
describe the principles of water efficient landscapes including
features such as hydrozones, appropriate irrigation equipment and
others techniques that contribute to the overall water efficient
irrigation theme.
(ii) Information shall be provided to new home owners that include
techniques on designing, installing, managing, and maintaining
water efficient landscapes.
(f) Rehabilitated landscapes shall comply with the following:
(1) Rehabilitated landscapes shall comply with the turf limitations and water
use standards as outlined in subsections (a) through (e), as appropriate to
the property type.
(2) Landscape plans for rehabilitated landscapes shall be reviewed for
compliance with the standards when proposed or required as part of a
building or grading permit, discretionary review, and/or when required by
Section 8-8.105. (Ord. 548 § 2, 2010)
8-10.105 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 (1) acre shall meet
the following requirements:
(1) Project shall comply with all of the items identified in Section 8-8.104.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
(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;
(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;
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
(4) Irrigation efficiency;
(5) Stormwater management. (Ord. 548 § 2, 20 10)
Chapter 9 RESERVED
Chapter 10 UNREINFORCED MASONRY
8-11.101 Modifications to the California Existing Building Code.
(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.
(c) Add definitions to Section A103 to read as follows:
ESSENTIAL BUILDING. A building of unreinforced masonry construction that
contains a hospital or other medical facility having surgery or emergency
treatment areas, fire and police stations or a municipal government disaster
operation and communication center.
HIGH-RISK BUILDING. A building of unreinforced masonry construction that
is not an essential building. A high-risk building shall not include a building
having exterior walls braced with masonry crosswalls or wood frame crosswalls
spaced less than forty (40) feet apart in each story; crosswalls shall be full story
height with a minimum length of one and one-half (1 1/2) times the story height.
(d) Add Appendix Section Al 15 entitled "Administrative Provisions" to read as
follows:
SECTION A115
ADMINISTRATIVE PROVISIONS
A115.1 Rating classifications. The rating classifications shown in Table A115.1 of this
section are established and each building within the scope of this chapter shall be placed
in one such rating classification by the building official.
Exception: Portions of buildings constructed to act independently when resisting seismic
forces may be placed in separate rating classifications.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
TABLE A115.1
RATING CLASSIFICATIONS
Type of Building Class
Essential Building I
High Risk Building II
A115.1.1 General requirements.
The owner of each building within the scope of this chapter shall cause a structural
analysis of the building to be made by a civil or structural engineer or architect licensed
by the State of California. If the building does not meet the minimum earthquake
standards specified in this chapter, the owner shall either cause it to be structurally altered
to conform to such standards or cause the building to be demolished.
The owner of each building within the scope of this chapter shall comply with the
requirements set forth above by submitting to the building official for review within the
stated time limits:
1. On or before January 1, 2005, a structural analysis, which is subject to approval
by the building official, and which shall demonstrate that the building meets the
minimum requirements of this chapter; or
2. On or before January 1, 2005, a structural analysis and plans for the proposed
structural alterations of the building necessary to comply with the minimum
requirements of this chapter; or
3. On or before January 1, 2005, plans for the demolition of the building.
After plans are submitted and approved by the building official, the owner shall obtain a
building permit, commence and complete the required construction within the time limits set
forth in Table A115.1.1.
TABLE A115.1.1
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
TIME LIMITS FOR COMPLIANCE
Deadline for
Submission of
Rating Occupant Rehabilitation
Classification Load Plans
Building Permit
Issuance Deadline
for Strengthening
or Demolition
From Date of Permit Issuance
Commence Within
Complete
Within
I Any January 1, 2005
January 1, 2005
180 days
3 years
11 Any January 1, 2005
January 1, 2005
180 days
3 years
A115.2 Notice and Order
Al 15.2.1 General. The building official shall, within 30 days of the determination that a
building is of unreinforced masonry construction issue a notice and order as provided in
this section to the owner of a building within the scope of this chapter.
A115.2.2 Service of notice and order. A notice or order issued pursuant to this section
shall be in writing and shall be served either personally or by certified or registered mail
upon the owner as shown on the last equalized assessment roll, and upon the person, if
any, in apparent charge or control of the building. The failure of any such person to
receive such notice or order shall not affect the validity of any proceedings taken under
this chapter or relieve any such person from any duty or obligation imposed on him by
the provisions of this chapter.
Al 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.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
A115.4 Recordation. At the time that the building official serves the aforementioned
notice, the building official shall also file and record with the office of the county
recorder a certificate stating that the subject building is within the scope of this chapter
and is a potentially earthquake hazardous building. The certificate shall also state that the
owner thereof will be ordered to structurally analyze the building to determine
compliance with this chapter.
If the building is either demolished, found not to be within the scope of this chapter, or is
structurally capable of resisting minimum seismic forces required by this chapter as a
result of structural alterations or an analysis, the building official shall file and record
with the office of the county recorder a form terminating the status of the subject building
as being classified within the scope of this chapter.
A115.5 Enforcement. If the owner in charge or control of the subject building fails to
comply with any order issued by the building official pursuant to this chapter within the
time limit set forth in Section A115.1, the building official shall verify that the record
owner of this building has been properly served. If the order has been served on the
record owner, then the following provisions apply:
1. The building official may order that the entire building be vacated and that the
building remain vacated until such order has been complied with. If compliance
with such order has not been accomplished within 90 days after the date the
building has been ordered vacated or such additional time as may have been
granted by the Board of Appeals, the building official may order its demolition in
accordance with the provisions of Sections 107, 108, and 109 of 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.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
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)
8-12.103 Definitions.
SAFETY ASSESSMENT. A visual, nondestructive examination of a building or
structure for the purpose of determining the condition for continued use. (Ord. 520 §
(part), 2007)
8-12.104 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)
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 2
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.
INTRODUCED at a regular meeting of the City Council held on , and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF ATASCADERO
Tom O'Malley, Mayor
I.vem''"
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 3
ATTACHMENT 3: Draft Ordinance D - Title 2, Administration
DRAFT ORDINANCE D
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
AMENDING CHAPTER 12 BUILDING BOARD OF APPEALS WITHIN
TITLE 2 ADMINISTRATION OF THE ATASCADERO MUNICIPAL CODE
The City Council hereby finds and declares as follows:
WHEREAS, it is the desire and intent of the City Council to provide residents with
common sense reform to the City's Municipal Code to reduce regulations; and
WHEREAS, the Chief Building Official has reviewed applicable sections of Title 8 and
has determined this section need to be modified for consistency with State Law; and
WHEREAS, it is the desire and intent of the City Council of the Atascadero to provide
citizens with the greatest degree of fire, life and structural safety in buildings in the most cost
effective manner by adopting that body of regulations referred to as the California Building
Standards Code with amendments specific to the City of Atascadero; and
WHEREAS, the California Health and Safety Code, Section 17958.5 and Section
18941.5, require the City Council, before making any modifications or changes to the California
Building Standards Code pursuant to Health and Safety Code Sections 18941.5 and 17958.5, to
make an express finding that each such modification or change is needed; and,
WHEREAS, such findings must be made available as a public record and a copy thereof
with each such modification or change shall be filed with the State of California Building
Standards Commission; and,
WHEREAS, the City Council of the City of Atascadero, at a duly noticed Public Hearing
held on November 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,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 3
SECTION 1. Chapter 12 of Title 2 of the Atascadero Municipal Code is amended to read
as follows:
Chapter 12 BOARD OFBUILDING APPEALS HEARING OFFICER
2-12.01 Established.
(a) A building code appeals officer shall be established consistent with section 8
municipal2.102, Building Appeals Office contained in Title 8, Building Codes, of this
code.altemate malet:ials and methods of installation, and to provide for- reasonable
utions of the provisions of this Code, thett is established a .,
ard o
Appeals. The Board shall eensist of five (5) members, two (2) ofv�om shall be
gener-al eofitr-aetor-s, one (1) of whom shall be an ar-ehiteet or- stmeter-al
one (1) of whom shall be a speeialty contfactor-, all of whom shall be qualified by
who is not ane of the foregoing. Member -s of the Board of Appeals sha
A in the mannef! established by resolution f6r- appointments, shall sef!N,e at
stated teflffl,vvith the appr-oval of the City Gottfleil, tififil stieh time as the
Council selects a stiecesson The Building Offieial of the City shall sen,e as
seeretary ex offieio to the .,
(b) in ofder- to be eligible for- appointment to the Board, the pefson shall live within
the City. Tefms of initial appointment shall be for- a tefm of two (2) years for- two
• .
• 000
Board
adoption by the Gity Gotineil, for- eon"etiiig its business whieh shall eonfofffl to
the r-equifements of the Rai -ph N4
Seetion 54950, et seq., and shall r-endef all deeisions and findings in wfififig with
2-12.02 Appeal procedure.
(a) Hearing procedure shall be consistent with Title 12, Chapter 2 of the Atascadero
Municipal Code, consistent with section 8-2.102, Building Appeals Office
contained in Title 8, Building Codes,. -Any per -sen aggr4eved by a deeision of the
have the fight to appeal the deeision. The appeal shall be filed with the Beilding
Offieial within fifteen (15) business days after- the render-ing of the deeision
aff-eetiflg the aggr4eved pefsen. Gfatfflds for- the appeal shall be set f0i4h in
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 3
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 3
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.
INTRODUCED at a regular meeting of the City Council held on , and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF ATASCADERO
Tom O'Malley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
ATTACHMENT 4: Draft Ordinance E - Title 9 Zoning Ordinance
DRAFT ORDINANCE E
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF ATASCADERO, CALIFORNIA,
AMENDING THE ATASCADERO MUNICIPAL CODE BY APPROVING
PLN 2013-1462/ZCH 2013-0168 TITLE 9 ZONING ORDINANCE CODE
TEXT AMENDMENTS
(Citywide/City of Atascadero
The City Council hereby finds and declares as follows:
WHEREAS, an application has been received from the City of Atascadero (6500 Palma
Ave., Atascadero, CA 93422), to consider Zone Change Text Amendments to allow multi -family
residential uses in structures of historical significance as a conditionally allowed use in the
Commercial Professional and Commercial Services (CS) zones; Amend section 9-4.106 front
setback standards to allow exceptions to these standards with Design Review Committee (DRC)
approval; amend section 9-4.115, off-street parking, for consistency with the 2013 California
Building Code; amend section 9-4.128 fencing and screening to allow fence height exceptions
with DRC approval and allow fences up to four (4) feet in height within the front setback of
parcels less than one (1) acre in size; amend section 9-4.139 through 9-4.154 Grading and
drainage standards for consistency with State Post Construction Stormwater regulations; amend
section 9-4.159 and 9-4.160 Streets, to allow frontage improvement exceptions for certain
residential projects and clarification of improvements; Amend section 9-6.103 to allow for cargo
containers as accessory structures with issuance of a building permit subject to DRC and/or CUP
review; and amend section 9-11.105, exempting emergency septic system repairs from the
Native Tree Ordinance.
WHEREAS, a Notice of Exemption was prepared for the project and made available for
public review in accordance with the requirements of the California Environmental Quality Act
(CEQA); and,
WHEREAS, the Planning Commission has recommended to the City Council that it is in
the best interest of the City to enact these amendments to Title 9 Planning and Zoning of the
Municipal Code; and,
WHEREAS, the laws and regulations relating to the preparation and public notice of
environmental documents, as set forth in the State and local guidelines for implementation of the
California Environmental Quality Act (CEQA) have been adhered to; and,
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
WHEREAS, a timely and properly noticed Public Hearing upon the subject Planning and
Zoning Text Change application was held by the Planning Commission of the City of Atascadero
at which hearing evidence, oral and documentary, was admitted on behalf of said Planning and
Zoning Text Amendments; and,
WHEREAS, the Planning Commission of the City of Atascadero, at a Public Hearing
held on October 15, 2013, studied and considered PLN 2013-1462/ZCH 2013-0168 and
recommended approval to the City Council; and,
WHEREAS, the City Council of the City of Atascadero, at a Public Hearing held on
November 12, 2013, studied and considered PLN 2013-1462/ZCH 2013-0168 and recommended
approval to the City Council; and,
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO
HEREBY ORDAINS AS FOLLOWS:
SECTION 1. Title 9 of the Atascadero Municipal Code is amended to read as follows:
9-3.213 Conditional uses.
The following uses may be allowed in the Commercial Professional Zone. The establishment of
conditional uses shall be as provided by Section 9-2.110;
(a) Caretaker's residence (see Section 9-6.104);
(b) Churches and related activities (see Section 9-6.121);
(c) Pipelines;
(d) Eating and drinking places with drive-through facilities;
(e) Food and beverage retail sales, where areas of use are greater than two thousand
five hundred (2,500) square feet per store;
(f) General merchandise stores, where areas of use are greater than two thousand five
hundred (2,500) square feet per store;
(g) Hotels and motels;
(h) Personal services, where areas of use are greater than two thousand five hundred
(2,500) square feet per store;
(i) Building materials and hardware, where areas of use are greater than two
thousand five hundred (2,500) square feet per store (see Section 9-6.165);
(j) Furniture, home furnishings and equipment, where areas of use are greater than
two thousand five hundred (2,500) square feet per store. (Ord. 547 § 2, 2009; Ord.
473 § 2, 2005; Ord. 75 § 2 (2), 1984; Ord. 68 § 9-3.213, 1983)
(k) Multi -Family Dwelling, when located on the 2nd floor or above / or within an
existing residential structure of historical significance,
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
9-3.233 Conditional Uses.
The following uses may be allowed in the Commercial Service Zone. The establishment of
conditional uses shall be as provided by Section 9-2.110 (Conditional use permits):
(a) amusement services;
(b) Warehousing;
(c) Vehicle and freight terminal;
(d) Service stations (see Section 9-6.164);
(e) Caretaker residence (see Section 9-6.104);
(f) Transit stations and terminals;
(g) Public assembly and entertainment;
(h) Indoor recreation services;
(i) Outdoor recreation services (see Section 9-6.123);
(j) Apparel and finish products, where areas of use exceed five thousand (5,000)
square feet;
(k) Sports assembly;
(1) Electronic and scientific instruments, where areas of use exceed five thousand
(5,000) square feet;
(m) Furniture and fixtures, where areas of use exceed five thousand (5,000) square
feet;
(n) Glass products manufacturing;
(o) Pipelines;
(p) Stone and cut stone products, where all areas of use exceed five thousand (5,000)
square feet;
(q) Auto dealers (new and used) and supplies (see Section 9-6.163);
(r)Storage yard (see Section 9-6.140). (Ord. 549 § 2, 2010; Ord. 494 § 3, 2006; Ord.
473 § 2, 2005; Ord. 364 § 2, Exh. B, 1999; Ord. 237 § 1(D), 1992; Ord. 169 § 2,
Exh. A, 1988; Ord. 68 § 9-3.233,1983)
(�)(s) Multi -Family Dwelling within an existing residential structure of historical
significance.
9-4.106 Front setbacks.
The front setback is measured at right angles from the nearest point on the front property
line to the building line. All structures are to be set back a minimum of twenty-five (25)
feet from the nearest point on the front property line, except where this section
establishes other requirements. Front setback landscaping and fencing standards are in
Sections 9-4.125(a) and 9-4.128 of this chapter, respectively.
(a) A, RS, RSF, and LSF Zones. All residential uses shall have a minimum front
setback of twenty-five (25) feet, except as follows:
(1) Shallow Lots. The front setback shall be a minimum of twenty (20) feet
for any lot less than ninety (90) feet deep.
(2) Flag Lots. Determination of that portion of the site to constitute the
required front yard shall be at the discretion of the applicant.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
(3) Sloping Lot Adjustment. In any case where the elevation of the natural
grade on a lot at a point fifty (50) feet from the centerline of the adjacent
street right-of-way is seven (7) feet above or below the elevation of the
centerline, a private garage may be located, at the discretion of the
applicant, as close as five (5) feet to the street property line, pursuant to
Section 9-1.112 of this title, provided that portions of the dwelling other
than the garage shall be established at the setback otherwise required.
(4) Variable Setback Block. Where a residential block is partially developed
with single-family dwellings having less than the required front setbacks
and no uniform front setback is established, the front setback may be
adjusted (Section 9-1.112 of this title) at the option of the applicant, as
follows:
(i) Prerequisites for Adjustment. Adjustment may be granted only
when twenty-five percent (25%) of the lots on the block with the
same frontage are developed and the entire block is within a single
zone.
(ii) Allowed Adjustment. The normally required minimum front
setback is to be reduced to the average of the front setbacks of the
existing dwellings, which include attached garages but not
detached garages, to a minimum of ten (10) feet.
5) The Design Review Committee (DRC) may grant an exemption to the
front setback requirement based on neighborhood compatibility
structures that meet the following criteria:
(i) Structures are no greater than ten 00) feet in height;
(ii) Structures do not exceed front yard coverage of more than fifty
(50) percent.
iii) Structures do not impair sight distances for vehicular traffic as
reviewed by the City Engineer.
(b) RMF Zone and Residential Uses in Commercial and Industrial Zones. All
residential units shall have a minimum setback of fifteen (15) feet. All garages
shall have a minimum front setback of twenty (20) feet.
(c) CN, CP, CR, CS, CT, CPK, IP and I Zones. No front setbacks are required.
Ground floor residential uses are subject to the setback requirements of subsection
(a) of this section.
(1) Adjacent to Residential Zone. Where a commercial or industrial zone has
a front setback, including a double frontage setback, on a street where
more than fifty percent (50%) of the lots in the same block are zoned for
residential use, the front setback shall be twenty-five (25) feet, except that
a one-story building or parking may encroach into one-half (1/2) the
required front setback depth.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
(d) L, LS and P Zone. A minimum ten (10) foot front setback is required, provided
that residential uses are subject to the setback requirements of subsection (a) of
this section.
(e) Double Frontage Lots.
(1) Selecting the Setback Location. Where double frontage setback locations
are not specified by subdivision requirements or other applicable
regulations, the applicant may select the front setback street unless fifty
percent (50%) of the lots on a double frontage block are developed with
the same front yard orientation. In that case, all remaining lots are to
orient their front setbacks with the majority.
(2) Double Frontage Setback Requirements. A full -front setback is to be
provided adjacent to one frontage, and a setback of one-half (1/2) the
required front setback depth adjacent to the other frontage.
(f) Establishment of Front Setback on Zoning Map. The Planning Commission may
establish greater front setbacks than those required in this section by delineating
the setback on the zoning map. Procedures specified by Section 9-1.115 of this
title shall be followed in establishing such setbacks. (Ord. 552 § 2, 2010; Ord. 68
§ 9-4.106, 1983: Ord 82 § 9-4.106, 1984)
9-4.115 Off-street parking required.
All uses requiring an entitlement shall be provided off-street parking as set forth in this section,
except parking lots in the following situations:
(a) Compact Car Spaces. Lots with twenty (20) or more spaces may substitute
compact car spaces for up to twenty percent (20%) of the total number of spaces.
Compact car spaces shall be a minimum of eight (8) by fourteen (14) feet in size.
Compact spaces shall be designated by painting the word "compact" or similar,
on the surface of the space.
(b) Motorcycle Parking. Lots with twenty (20) or more spaces may replace regular
spaces with motorcycle spaces at a ratio of one (1) motorcycle space for each
twenty (20) spaces. Motorcycle spaces shall be a minimum size of three (3) by
six (6) feet. Motorcycle spaces shall be designated by painting the word
"motorcycle," or similar, on the surface of the space.
(e) 14andieapped PaFkingDisabled Pgfkjftg. All parking lots, exeept for- single fainil�
residential .-..,Fki degi ato.7 par -king areas exempt by the ado to !'alif ... i
Buildim-, Code (GBC) or- its su, shall include handieapped par -king f
persons with disabilities as follows-.-, provided tha4 these s-paees may be ineltided
as raA of the total S , 0.7
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ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
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(dc) Bicycle Spaces. Lots with twenty (20) or more spaces may substitute a bicycle
rack providing space for at least five (5) bicycles at a ratio of one (1) bicycle rack
for each twenty (20) spaces. It is recommended that all shopping centers provide
some bicycle spaces in the project.
(ed) Parking District. Parking requirements may be modified within a parking district
where the district provides adequate parking within the limits of the district and
the parking requirements of a new use are accommodated by the parking district.
(€e) Shared On-site Parking Adjustment. Where two or more nonresidential uses are
on a single site, the number of parking spaces may be reduced through
adjustment (Section 9-1.112) at a rate of five (5) percent for each separate use,
up to a maximum of twenty percent (20%); as long as the total number of spaces
is not less than required for the use requiring the largest number of spaces.
(gfl Shared Peak -Hour Parking. In addition to the reduction of required parking
allowed by subsection (f) of this section, where two (2) or more uses have distinct
and differing peak traffic usage periods (for example, a theater and a bank), the
required number of parking spaces may be reduced through conditional use
permit approval, provided that the parking lots of each use are located within
three hundred (300) feet of each other (as measured along the most direct
pedestrian path). The amount of reduction may be up to seventy-five percent
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
(75%) of the amount of spaces required for the most intensive of the two (2) or
more uses sharing the parking.
(hg) On -Street Parking Adjustment. Where a proposed driveway from a street to a new
parking area would eliminate on -street parking spaces equal to or greater in
number than the off-street spaces required, the requirement for off-street spaces
may be eliminated through adjustment (Section 9-1.112 of this title) where the
access or proposed building cannot reasonably be redesigned to avoid a net loss of
parking.
(ih) Planning Commission Modification. The parking standards of this title may be
modified through conditional use permit approval based upon specific findings of
fact that the characteristics of a use or its immediate vicinity do not necessitate the
number of parking spaces, type of design, or improvements required by this title
and that reduced parking will be adequate to accommodate on the site all parking
needs generated by the use. (Ord. 136 § 9-4.115, 1986; Ord. 68 § 9-4.115, 198
9-4.128 Fencing and screening.
Standards for fencing and screening are established by this section to protect certain uses
from intrusion, to protect the public from uses that may be hazardous, and to increase
compatibility between different land uses by visual screening. Fencing is the enclosure of
an area by the materials identified in subsection (c) of this section. Screening is the
enclosure of an area by a visual barrier, which may include solid fencing or other
materials, as specified in subsection (c) of this section.
(a) Fencing and Screening: Where Required. Within the urban services line, the uses
and areas listed in this subsection shall be fenced and/or screened, as indicated.
Unless otherwise specified, fencing and screening are to be a minimum height of
six (6) feet. Fencing and screening materials of a height greater than three (3) feet
shall not be located within a required front setback or side setback adjacent to a
street.
(1) Mechanical Equipment. When located outside of a building, support
equipment, including air conditioning and heating devices, but not
including plumbing or exhaust vents, or chimneys, shall be screened to the
height of the particular piece of equipment, as follows:
(i) Roof -Mounted Equipment. To be screened by architectural
features from the view of abutting streets.
(ii) Equipment at Grade. When located on the ground adjacent to a
building, mechanical equipment shall be screened by landscaping,
a solid wall or fencing from the view of the street or surrounding
properties.
This subsection does not apply to single family residential uses.
(2) Outdoor Storage. To be screened on all sides by a wall or fencing.
(3) Public Utility Substations. To be screened on all sides in a manner that
will provide an effective visual barrier as well as the necessary safety
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
clearances required by order of the California Public Utilities
Commission.
(4) Side and Rear Lot Lines. The side and rear property lines of all
nonresidential uses are to be screened as follows:
(i) Adjacent to a Residential Use or Zone. A solid wall or fencing
shall be located on side and rear property lines of any
nonresidential or nonagricultural use abutting a residential use or
zone.
(5) Swimming Pools. Yard areas with private swimming pools are to be
fenced to discourage unsupervised access and use by small children. Such
fencing is to be constructed per building code requirements.
(b) Exceptions to Fencing and Screening Requirements.
(1) Buildings Abutting Property Lines. Required screening or fencing may be
omitted along any lot line where a building wall exists immediately
abutting the lot line.
(2) Location Adjustment. Where property fencing or screening is required, the
location may be adjusted (see Section 9-1.112 of this title), so the fencing
may be constructed at or within the setback line, provided the areas
between the fence and the property lines are landscaped, or in rural areas,
retained in their natural vegetative state.
(3) Planning Commission Modification. Any of the requirements of this
section may be waived or modified through conditional use permit
approval, provided the Planning Commission first finds that specifically
identified characteristics of the site or site vicinity would make required
fencing or screening unnecessary or ineffective.
(c) Standards for Fencing and Screening Materials. All fencing and screening shall be
allowed as follows:
(1) Height. Fence and screen height shall be permitted as follows:
(i) RS/RR/RSF-Z/RSF-Y (with one (1) acre net or larger) Zones.
a. Fencing within a required front or corner yard setback may be
up to five (5) feet in height, provided that the top two (2) feet
remain a minimum of eighty percent (80%) visibility. The
fence shall not impair safe sight distance for vehicular traffic
nor result in any other potential adverse impact on human
health and safety (refer to engineering standard: Minimum
Sight Distance for Driveways and Intersecting Roads with Stop
Control).
gib. Fencing associated with agriculture type activities including
but not limited to "deer fencing" and other fencing that is a
minimum of eighty -percent visible mqy be up to seven (7) feet
in height. Chain link fencing, wrought iron fencing, and any
other decorative type of fencing is not considered "agriculture"
We fencing for the purposes of this subsection.
1}c. Fencing within a required side or rear setback may be a
maximum of six (6) feet in height.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
(ii) RSF-Y (less than one (1) acre net) /RSF-X/LSF-Z/LSF-Y/LSF-
X/RMF-10/RMF-20.
a. Fencing within a required front or corner yard setback can be a
maximum of three (3) feet four (4) feet in height.
b. Fencing within a required side or rear yard setback shall be a
maximum of six (6) feet in height.
(iii) Gateposts and other superstructures over site entrances and exits
may be up to twelve (12) feet in height.
iv Height Measurement. Fencing and screening materials shall be
measured from the finished grade of the uphill lot.
(2) The Design Review Committee (DRC) mqygrant an exemption to the
front setback fencing requirement to a maximum of six (6) feet in height if
proposed fence would be consistent with the neighborhood character and
does not impair site distance for vehicular traffic, as reviewed by the City
Engineer.
(3) Permit to Exceed Height. A minor conditional use permit approval is
required where fencing is proposed to be greater than six (6) feet in height
within or outside anv reauired setback. with the exception of fencing
described in subsection 9-4.128.(c).(1).(i).b.
(4) Screening Materials Substitution. Where screening is required to be a solid
wall or fence, the following materials may be substituted through
adjustment (see Section 9-1.112 of this title), except where screening is
required adjacent to a residential use or zone:
(i) Landscape Screen. Screening plant materials may be substituted
for a wall or fence, where:
a. Proposed plant materials are certified in writing by a registered
landscape architect as having the capability of achieving sixty
percent (60%) of total view blockage within eighteen (18)
months of planting, and one hundred percent (100%) of total
view blockage within thirty-six (36) months of planting; and
b. The applicant agrees in writing to install solid fencing after the
expiration of thirty-six (36) months, in the event that the
landscaping has not totally blocked the view of areas required
to be screened.
(ii) Berms. A landscaped berm may be substituted for a wall or fence,
provided that the combination of berm and landscaping is no less
than the required height of the fence or wall, and that the berm is
constructed with a maximum slope of three -to -one (3:1), with side
slopes designed and planted to prevent erosion, and with a rounded
surface a minimum of two (2) feet in width at the highest point of
the berm, extending the length of the berm. The berm shall be
planted with shrubs, lawn or groundcover.
(iii) Chain -Link Fencing. Vinyl -coated, chain-link fencing with
evergreen landscape screen planting may be substituted for a solid
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
wall or fence in commercial and industrial zones, except where
screening fencing is required adjacent to residential uses and
zones. (Ord. 554 § 2, 2011; Ord. 547 § 2, 2009; Ord. 482 § 2,
2005; Ord. 68 § 9-4.128, 1983)
9-4.139 Grading plan required.
In any case where a proposed project requiring a precise plan or conditional use permit approval
involves fifty (50) or more cubic yards of earth moving, the application shall include a grade
plan containing the information specified by this section. If engineered grading (Section 9-
4.141(b)) is to occur, then the grading plan shall also include all information required by Section
9-4.141. A grading plan shall be neatly and accurately drawn to scale, including the following
information:
(a) Existing ground contours or elevations of the site at twofi-ve (2-5) foot intervals.
(b) Contours or site elevations after grading is completed, including any
modifications to drainage channels.
(c) Any required retaining walls or other means of retaining cuts or fills.
(d) Elevations of the edge of the pavement or road at driveway entrance.
(e) Elevation of the finish floor of the garage or other parking area.
(f) Elevations at the base of building corners.
(g) Area of disturbance in square feet
(h) Quantities of cut and fill
(i) Erosion control notes and details
(i) Drainage structures and other drainage design features
(k) Sections showing _ grading, showing any retaining walls, cut and fill slopes, pads,
building structures and drainage structures.
(1) Grading notes, details or other information required by the City Engineer.(
9-4.141 Grading permit: Application content.
To apply for a grading permit, a plot plan application 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.
(a) Minor Grading. Where Section 9-4.140 requires a grading permit and the grading
will move less than five hundred (5,000) cubic yards and is located on
slopes less than twenty percent (20%); the application for a grading permit is to
include the following:
(1) Contour Information.
(i) For sites with slopes of ten percent (10%) or less, generalized
existing contours and drainage channels, including areas of the
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
subject site (and adjoining properties) that will be affected by the
disturbance either directly or through drainage alterations.
(ii) For sites with slopes greater than ten percent (10%) and less than
thirty percent (30%), details of area drainage and accurate
contours of existing ground at two (2) foot intervals; for slopes
thirty percent (30%) or greater, contours at five (5) foot intervals.
(2) Location of any buildings or structures existing or proposed on the site
within fifty (50) feet of the area that may be affected by the proposed
grading operations.
(3) Proposed use of the site necessitating grading.
(4) Limiting dimensions, elevations or finished contours to be achieved by the
grading, slopes of cut and fill areas and proposed drainage channels and
related construction.
(5) Drainage plan in compliance with (Municipal Codes Section 9 -4.148 -and
the City of Atascadero Drainage Standards).
(6) Where required by the Building Official, a soil engineering report,
including date regarding the nature, distribution and strength of existing
soils, conclusions and recommendations for grading procedures and
criteria for corrective measures when necessary and opinions and
recommendations covering adequacy of sites to be developed by the
proposed grading.
(7) Where required by the Building Official, an engineering geology report,
including a description of site geology, conclusions and recommendations
regarding the effect of geologic conditions on the proposed development,
and opinions and recommendations covering the adequacy of sites to be
developed by the proposed grading.
(8) Intended means of revegetation, including the location, species, container
size and quantity of plant materials proposed, and the proposed time of
planting.
(9) Where required by the Building Official, protective measures to be taken
during construction, such as hydro -mulching, berms (temporary or
permanent), interceptor ditches, subsurface drains, terraces, and/or
sediment traps in order to prevent erosion of the cut faces of excavations
or of the sloping surfaces of fills.
(b) Engineered Grading. Where the grading will move five *hundred (5,000)
cubic yards or more, is located on slopes of twenty (20) percent or greater, or is
located within a Geologic Hazard Overlay Zone or Flood Hazard Overlay Zone,
the grading plan shall be prepared and certified by a registered civil engineer and
shall include specifications covering construction and material requirements in
addition to the information required for minor grading. (Ord. 99 §-2 (1), 1985;
Ord. 68 § 9-4.141, 1983)
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
9-4.144 Grading standards.
All excavations and fills are to be conducted in accord with the following standards, when
applicable:
(a) Grading Near Watercourses. 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 or designated by another State or Federal agency with
over said waters, except as permitted through approval of a drainage plan and
sa!eambed alteration permit f.,,Y, the Galifomia Department of Fist, and !-_ame
and appropriate State and Federal Permits. -Watercourses are to be protected as
follows:
(1) Watercourses shall not be obstructed unless an alternate drainage facility is
approved.
(2) Fills placed within watercourses 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 a
watercourse where the materials can be washed away by high water or
storm runoff.
(b) Revegetation. Where natural vegetation has been removed through grading in areas
not affected by the landscaping requirements (Section 9-4.124 et seq.) and that
shall not be occupied by structures, such areas shall be replanted as set forth in this
subsection to prevent erosion after construction activities are completed.
(1) Preparation for Revegetation. Topsoil removed from the surface in
preparation for grading and construction shall be stored on or near the site
and protected from erosion while grading operations are underway, provided
that such storage may not be located where it would cause suffocation of
root systems of trees intended to be preserved. After completion of such
grading, topsoil shall be restored to exposed cut and fill embankments or
building pads to provide a suitable base for seeding and planting.
(2) Methods of Revegetation. Acceptable methods of revegetation include
hydro -mulching, or the planting of rye grass, barley or other seed with
equivalent germination rates. Where lawn or turf grass is to be established,
lawn grass seed or other appropriate landscaping cover shall be sown at not
less than four (4) pounds to each one thousand (1,000) square feet of land
area. Other revegetation methods offering equivalent protection may be
approved by the Building Official. Plant materials shall be watered at
intervals sufficient to assure survival and growth. Native plant materials are
encouraged to reduce irrigation demands.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
(c) Off-site Effects. Grading operations shall be conducted to prevent damaging
effects of erosion, sediment production and dust on adjacent property, including
public and private rights-of-way. (Ord. 68 § 9-4.144, 1983)
9-4.145 Sedimentation and erosion control.
(a) Sedimentation and Erosion Control Plan Required. A sedimentation and erosion
control plan is required when:
(1) Land is disturbed for any non-agricultural purpose.
(4-2) Grading which may affect adjacent property or private rights-of-way
which is proposed to be conducted or left in an unfinished state during the
period from October 15th through April 15th.
(23) Land disturbance activities are conducted in geologically unstable areas,
on slopes in excess of thirty (30) percent, on soils rated as having severe
erosion hazard, or within fifty (50) feet of any watercourse shown on the
most current 7 1/2 minute USGS quadrangle map or designatedy a State
or Federal aaencv with iurisdiction over watercourse delineation..
(34) The placing or disposal of soil, silt, bark, slash, sawdust or other organic or
earthen materials from logging, construction and other soil disturbance
activities above or below the anticipated high water line of a watercourse
where they may be carried into such waters by rainfall or runoff in
quantities deleterious to fish, wildlife or other beneficial uses.
(b) Sedimentation and Erosion Control Plan Preparation and Processing.
Sedimentation and erosion control plans shall address both temporary and final
measures and shall be submitted to the City Engineer for review and approval.
These plans, when required, shall be prepared by a registered civil engineer when
grading exceeds 500 cubic yards. Plans for land disturbance of one acre or larger
shall be developed and signedy an gppropriately licensed individual in
accordance with the State Water Resources Control Board reauirements. These
plans shall be in accordance with the City Standard Improvement Specifications
and Drawings, and may be incorporated into and approved as part of a grading,
drainage or other improvement plans, but must be clearly identified as an erosion
and sedimentation control plan.
(c) Plan Check. Inspection, and Completion. Where required by the City Engineer,
the applicant shall execute a plan check and inspection agreement with the City
and the sedimentation and erosion control facilities inspected and approved before
a certificate of occupancy is issued.
(d) Sedimentation and Erosion Control Measures. The control of sedimentation and
erosion shall include but not be limited to the use of the following:
(1) Slope Surface Stabilization.
(i) Temporary mulching, seeding or other suitable stabilization
measures approved by the City Engineer shall be used to protect
exposed erodible areas during construction,
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
(ii) Earth or paved interceptors and diversions shall be installed at the
top of cut or fill slopes where there is a potential for erosive
surface runoff.
(2) Erosion and Sedimentation Control Devices. In order to prevent polluting
sedimentation discharges, erosion and sediment control devices shall be
installed as required by the City Engineer for all grading and filling.
Control devices and measures which may be required include, but are not
limited to:
(i) Energy absorbing structures or devices to reduce the velocity of
runoff water.
(ii) Sedimentation controls such as sediment debris basin and traps.
(iii) Dispersal of water runoff from developed areas over large
undisturbed areas.
(iv) Multiple discharge points to reduce the volume of runoff over
localized areas.
(3) Final Erosion Control Measures. Within thirty (30) days after completion
of gr-adi �g grading, or prior to building, requiring a sedimentation and
erosion control plan, all surfaces disturbed by vegetation removal, grading,
haul roads, or other construction activity that alters natural vegetative
cover, shall be revegetated to control erosion, unless covered with
impervious or other improved surfaces authorized by approved plans.
Erosion controls may include any combination of mechanical or
vegetative measures, inehiding those desefibea it USDA Soil
Geasofyatien Sef-,xiee Bulletin 347. (Ord. 68 § 9-4.145, 1983)
9-4.149 Drainage plan required.
Drainage plans shall be submitted with or be made part of plot plan, precise plan,
conditional use permit or grading permit application for a project that:
(a) Involves a land disturbance (grading or removal of vegetation down to duff or
bare soil by any method) of more than one acre; or
(b) Will result in an impervious surface of more than twenty thousand (28;9981,000)
square feet; or
(c) Is subject to local ponding due to soil conditions and lack of identified drainage
channels; or
(d) Is located in an area identified by the City Engineer as having a history of
flooding or erosion that may be further aggravated by or have a harmful effect on
the project; or
(e) Is located within a designated Flood Hazard overlay zone; or
(f) Involves land disturbance or placement of structures within fifty (50) feet of any
watercourse shown on the most current USGS 7 1/2 minute quadrangle map, or
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
designated by a State or Federal agencyjurisdiction over watercourse
delineation; or
(g) Involves hillside development on slopes steeper than ten (10) percent or
driveways over twelve (12) percent slope. (Ord. 68 § 9-4.149, 1983)
9-4.151 Drainage plan preparation and content.
Drainage plans are to be neatly and accurately drawn, at an appropriate scale that will
enable ready identification and recognition of submitted information. The City E
a, -,,;,,.,,-e Drainage plans to -must be prepared by an appropriately licensed
profession as required by the City Engineering Standards or as required by the City
Engineer. registered eivil
(a) Basic Drainage Plan Contents.
r-e"ir-ed—,aA drainage plan shall include the following information about the site:
(1) Flow lines of surface waters onto and off the site.
(2) Existing and finished contours at two (2) foot intervals or other
topographic information approved by the City Engineer.
(3) Building pad, finished floor and street elevations, existing and proposed.
(4) Existing and proposed drainage channels including drainage swales,
ditches and berms.
(5) Location, calculations and design of any proposed facilities for storage or
for conveyance of runoff into indicated drainage channels, including
sumps, basins, channels, culverts, ponds, storm drains, and drop inlets.
(6) Estimates of existing and increased runoff resulting from the proposed
improvements.
(7) Proposed erosion and sedimentation control measures.
(8) Proposed flood proofing measures where determined to be necessary by
the City Engineer.
(9) 100 -year flood elevations if the property is in flood hazard area.
(10) The drainage plan must show compliance with the City Drainage
Standards and the Central Coast Water Board's Post Construction
Stormwater Management Requirements for Development Projects in the
Central Coast Region -on adoption by the City Council). This includes
all projects that add 1,000 square feet of impervious surface to the
property_
(b) Engineered Plan Content. Engineered drainage plans shall include an evaluation
of the effects of projected runoff on adjacent properties and existing drainage
facilities and systems in addition to the information required by subsection (a) of
this section. (Ord. 68 § 9-4.151, 1983)
9-4.154 Drainage standards.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
(a) Design and Construction. Drainage systems and facilities subject to drainage plan
review and approval that shall be located in the City or existing or future public
right-of-way shall be designed and constructed as set forth in the City Engineering
Department Standard Improvement Specifications Drainage Standards and
Drawings and the Central Coast Water Board's Post Construction Stormwater
Management Requirements for Development Projects in the Central Coast Region
(upon adoption by the City Council). All systems and facilities subject to
drainage plan review and approval shall be designed in accordance with the City's
Drainage Standards, Central Coast Water Board's Post Construction Stormwater
Management Requirements (upon adoption by the City Council), and good
engineering practices.
(b) Natural Channels and Runoff. Proposed projects may include design provisions to
retain off-site natural drainage patterns and limit peak runoff to predevelopment
levels when required by the City Engineer.
(c) Flood Hazard Areas. Buildings are not permitted in an area determined by the
City Engineer to be subject to flood hazard by reason of inundation, overflow or
erosion, except where provisions are made to eliminate such hazards to the
satisfaction of the City Engineer. Such provisions may include providing adequate
drainage facilities, protective walls, suitable fill, raising the floor level of the
building or by other means. The placement of the building and other structures
(including walls and fences) on the building site shall be such that water or
mudflow will not be a hazard to the building or adjacent property. The City
Engineer in the application of this standard shall enforce as a minimum the
current federal flood plain management regulations as defined in Title 24, Chapter
X, Subchapter B, National Flood Insurance Program, Part 1910. (Ord. 68 § 9-
4.154, 1983)
9-4.159 Curbs, gutters and sidewalks.
The installation of curb, gutter and sidewalks shall be as set forth in this section.
(a) When Required. Curb, gutter and sidewalk is required to be installed as set forth
in this section when:
(1) The value of any structures proposed during a period of twelve (12)
months (as indicated by all building permits issued for the site during the
twelve (12) month period) exceeds twenty-five percent (25%) of the total
value of all improvements existing on the site as determined by the
assessment roll at the time the first of the building permits is applied for.
(2) A new structure is moved onto a site (rather than constructed in place)
where street frontage improvements would be required by subsection (b)
of this section.
(b) Where Required. Within the urban services line, concrete curb, gutter, and
sidewalk is required with any project in the following areas:
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
(1) In all commercial zones, except in commercial areas oriented to highway
travel unless pedestrian, vehicular and use characteristics of the project
and surrounding area indicate a need for the improvements.
(2) In the RMF Zones, except that area with a permitted density of ten (10)
units or less may not be required to provide the improvements unless
pedestrian, vehicular and use characteristics of the project and surrounding
area indicate a need for the improvements. In RMF Zones with a permitted
density of ten (10) units or less per acre, asphalt or similar shoulder
improvements shall be provided to accommodate pedestrian needs.
(3) In all industrial zones, except that sidewalks may not be required unless
pedestrian, vehicular and use characteristics of the project and surrounding
area indicate a need for the improvements.
In areas designated by any Curb, Gutter and Sidewalk Plan adopted by the
City Council.
(5) In Planned Developments except where an alternative pedestrian path
system is proposed and accepted by the City Engineer.
Along El Camino Real.
Along Morro Road (Capistrano Avenue to San Gabriel Road)
(c) Extent of Improvements. Curb, gutter and sidewalk improvements shall be
constructed as required by this section along the entire street frontage of the site
and also along the street frontage of any adjoining lots in the same ownership as
the site.
(d) Exceptions. Curb, gutter and sidewalk improvement requirements may be waived,
modified or delayed as follows, provided that waiver of such improvement
requirements shall not grant relief from the requirements of this Code governing
encroachment on City rights-of-way:
(1) Incompatible Grade. The improvements required by this section may be
waived or modified by the City Engineer when, in the opinion of the City
Engineer, the finish grades of the project site and adjoining street are
incompatible for the purpose of accommodating such improvements.
(2) Incompatible Development. The required improvements may be waived
by joint decision of the Planning Director and City Engineer where they
determine, based upon the zoning districts of this title, existing land uses
in the site vicinity, and existing and projected needs for drainage and
traffic control that such improvements would be incompatible with the
ultimate development of the area.
(3) Premature Development. The required improvements may be delayed
when the City Engineer determines that they would be premature to the
development of the area, provided that the applicant shall post a bond or
other acceptable performance guarantee and construct the improvements
within a period of one (1) year or such other time established by the City
Engineer.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
Minor Projects Curb Gutter and Sidewalk Not Required - Development of
second units, residential remodels, residential additions, residential
reconstruction and residential accessory structures on single-family
residential zoned lots (RS/RSF/LSF) that are not part of a tentative
subdivision map project shall be exempt from curb, putter, and sidewalk
installation requirements. Where roads do not currently exist, the applicant
must comply with Section 9-4.160. If curb, ,gutter, and sidewalk
improvements are not required,rg ading or other improvements within the
public right-of-way may still be required by the City Engineer as part of
the driveway encroachment permit if needed for safety, public utility
service, site distance, or drainage as related solely to the proposed
driveway encroachment, in accordance with City Engineering Standards.
(e) Design and Construction Standards. Curb, gutter and sidewalk improvements
shall be constructed to the grade and specifications required by the City Engineer.
Improvement plan drawings shall be submitted to the City Engineer for approval
prior to construction of improvements and shall be designed and constructed as
set forth in the City Engineering Department Standard Improvement
Specifications and Drawings. A drainage plan may be required in conjunction
with improvement plans. No drainage shall be allowed across public sidewalks or
driveways. All grading and construction is to occur at the expense of the
developer, including placement of base and surfacing between the lip of the new
gutter and the existing pavement as necessary to complete the street surface. The
new surfacing between the gutter and existing pavement is to be at least equal in
kind to that presently in place. These improvements shall include paved
transitions to provide for existing road drainage as well as drainage to or from the
proposed site.
(f) Timing of installation. All required improvements are to be completed as set forth
in Sections 9-2.114 and 9-2.116 prior to occupancy.
(g) Plan Check and Inspection. When required by the City Engineer, a plan check and
inspection agreement shall be entered into.
(h) Appeal. Any person aggrieved by the requirements of this section shall have the
right of appeal to the City Council as provided by Section 9-1.111. (Ord. 68 § 9-
4.159, 1983)
9-4.160 Streets.
The installation and maintenance of asphalt road paving, asphalt berm and drainage
facilities shall be constructed along the frontage of a development project (residential
subdivision, commercial, industrial, individual residential lots, etc.) as follows:
(a) Frontage street construction. If the frontage street is not improved or paved along
the development project frontage, the developer will be required to construct half
('/2) width plus ten (10) feet to the City of Atascadero Engineering Standards.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
(b) Frontage Street Maintenance. If the street is in need of maintenance, per the City
Engineer, along the development project frontage, the developer will be required
to repair the road along the street property frontage to a width of half ('/2) width
plus ten (10) feet. The repairs may include overlay, pothole repair, crack seal and
or slurry seal. This requirement does not apply to second units, residential
remodels, residential additions, residential reconstruction and residential
accessory structures on single-family residential zoned lots (RS/RSF/LSF) that
are not part of a tentative subdivision map. If frontage or offsite improvements
are not required,rg ading or other improvements within the public right-of-way
may still be required by the City Engineer as part of the driveway and or utility
encroachment permit if needed for safety, public utility service, site distance, or
drainage as related solely to the proposed driveway encroachment, in accordance
with City Engineering Standards.
(c) Subdivisions. A new subdivision shall construct and provide for future
maintenance of all interior subdivision roads and related facilities. The project
shall also provide well -paved City standard access roads from a collector or
arterial to the subdivision and repair existing underpaved or poor condition
interior or frontage roads.
(d) Commercial and Industrial Projects. The project shall construct all roads fronting
the project to City standard. If the road fronting the project is an arterial or
collector, the width of the road constructed shall be wide enough to allow for safe
travel, turning movements and transitions, to the approval of the City Engineer.
The project shall provide well -paved City standard access roads from a collector
or arterial to project and repair existing underpaved or poor condition frontage
roads. Repair may include overlay, pothole repair, crack seals or slurry seal.
(e) If existing buildings are on the property, the required improvements will be
constructed if the value of the proposed buildings and site improvements is
twenty-five percent (25%) or greater than the value of existing buildings and site
improvements as determined by the San Luis Obispo County Tax assessor.
(f) Damage Occurring from Construction. Any existing public street which is
damaged as a result of on-site or off-site construction shall be reconstructed, or
repaired if damage is not extensive, to the satisfaction of the City Engineer prior
to issuance of a certificate of occupancy.
(g) Extent of Improvements. Street improvements, not including curb, gutter and
sidewalk unless necessary for proper drainage control, may be required beyond
the frontage of the property when traffic generated by the development of a site is
determined to warrant such improvement in order to provide for adequate access
and traffic safety.
(h) The City Engineer may allow cash payment or bonding for the improvement if it
is in the best interest of the community and provide for orderly development of
the circulation system. (Ord. 398, 2002)
9-6.103 Accessory storage.
Where the principal building or use on a site is some use other than storage, and storage
accessory to that use is also located on the site, the accessory storage is subject to the
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
following standards (see also Section 9-6.140). A zoning approval is not required to
establish accessory storage except when subsection (b) and of this section requires
such approval for a specific type of storage.
(a) Building Materials and Equipment. Building materials and equipment being used
in a construction project on the same or adjacent site may be stored on or adjacent
to the construction site as long as a valid building permit is in effect for
construction on the premises. Building materials and equipment include stockpiles
of construction materials, tools, equipment, and building component assembly
operations. When storage is proposed on a lot adjacent to the construction site, the
application for the project is to also describe the storage site. Temporary storage
of construction materials on a site not adjacent to the construction is subject to
Section 9-6.175.
(b) Commercial Vehicles. This subsection applies to the accessory storage of vehicles
used for shipping and/or the delivery of freight and products in support of a
business or used for other commercial activity, when such vehicles are larger than
a standard passenger car, pickup truck or van. Storage means parking a
commercial vehicle longer than for a single weeknight, weekend or holiday. The
storage of vehicles as a principal use is subject to the standards of Section 9-
6.183.
(1) Commercial vehicles are to be stored in the CN and CR Zones in an
enclosed building or in a screened parking or loading area.
(2) Commercial or agricultural vehicles may be stored in the CS, IP, I and
CPK Zones without regulation other than the standards of Section 9-4.114.
(3) Agricultural vehicles may be stored outdoors in any zone when
agricultural activities occur on site but only within the buildable area of a
site. This requirement does not apply to farm vehicle dealerships. The
storage of agricultural vehicles in the A Zone is unrestricted.
(4) Commercial or agricultural vehicles shall be allowed in conjunction with
an approved home occupation when in compliance with the standards of
Section 9-6.105.
(5) Other commercial vehicles may be allowed in residential zones where the
resident of the premises can show that:
(i) The site is of sufficient size to allow parking of the vehicle in the
buildable area of the site; and
(ii) The number of such vehicles is limited to a maximum of one; and
(iii) The vehicle can be maintained on the site in a manner which will
not be disturbing to nearby residents as a result of unsightly
appearance, excessive noise, or operation between 9:00 p.m. and
7:00 a.m.; and
(iv) The vehicle due to its size, length or weight will not damage streets
leading to the site beyond normal levels and will not create traffic
safety problems due to maneuvering necessary to enter and exit the
site; and
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
(v) There are no other suitable locations available to store the vehicle.
(c) Inoperative Vehicles. The storage or keeping of inoperative vehicles is subject to
the following. Nothing in this title shall be construed as preventing the abatement
of an inoperative vehicle which is found to be a nuisance:
(1) Vehicles Under Commercial Repair. The repair of vehicles is allowed only
in commercial or industrial zones as provided by Chapter 9-3, except for
repair of a personal vehicle by the vehicle owner on a site owned or rented
by the vehicle owner. The storage of inoperative vehicles in a commercial
or industrial zone for the purposes of repair, alteration, painting,
impoundment or temporary storage by a towing service is subject to
Section 9-6.168.
(2) Wrecked and Abandoned Vehicle Dismantling or Storage. Any area used
for the dismantling of inoperative vehicles or for the storage of wrecked or
abandoned vehicles not being dismantled or repaired is subject to Section
9-6.131.
(3) Automobiles Stored in Residential Areas. The storage of inoperative
vehicles in a residential zone is limited to one vehicle when stored
outdoors. Such storage may be located only where it is within the
buildable area of the site. Inoperative vehicles may be abated as set forth
in Chapter 9-8. Storage of such vehicles within an approved accessory
building (Section 9-6.106) is not subject to limitation on the number of
vehicles.
(d) Accessory Storage of Flammable and Combustible Liquids. The accessory storage
of flammable and combustible liquids is subject to the following standards:
(1) Limitations on Quantity. The quantity of flammable or combustible liquids
stored on a site shall be limited as follows:
(i) Residential Zones. Ten (10) gallons, unless authorized through
precise plan approval. Excluded from this requirement is the
storage of flammable liquids in the fuel tanks of self-propelled
vehicles, mobile power or heat generators or similar equipment and
the storage of paints, oils, varnishes or combustible mixtures when
such liquids are stored for maintenance, painting or similar
purposes. The storage of propane or other fuels which provide
energy to heat a residence is also excluded from this limitation,
when such storage is in tanks directly connected to the residence
for consumption or when the quantity is limited to a reasonable
reserve for personal use which is stored in an approved manner.
(ii) Agricultural, Commercial and Industrial Zones. Storage shall be
limited to the following quantities on any single building site,
unless greater quantities are authorized through conditional use
permit approval:
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
Type of Storage
Type of Liquid
Above Ground
Underground
Combustible
1,000 gallons
Unlimited
Flammable
1,000 gallons
20,000 gallons
(2) Setbacks. Aboveground storage facilities for flammable or combustible
liquids shall be set back a minimum of fifty (50) feet from any property
line and from any residential use on the same property.
(3) Additional Standards.
(i) All storage of bulk flammable liquids shall be underground; except
as specified by subsection (d)(1)(i) of this section; except where a
refining or similar industrial use has been allowed in the CPK, IP
or I Zone; and except, where an automobile service station or other
approved vendor of flammable liquids stores such liquids for sale
in approved quantities and containers.
(ii) All aboveground storage of flammable and combustible liquids
shall be within types of containers approved by the Fire
Department.
(iii) Access, circulation and emergency fire equipment requirements of
the Fire Department shall be provided or installed within thirty
(30) days where such need has been identified and posted by the
Fire Department.
(e) Recreational Vehicles in Residential Zones. The storage of recreational vehicles
or dependent trailers or RV equipment (camper shells, etc.), airplanes, and boats
is permitted as an accessory use in the RSF, LSF, RMF, RS, or A Zones as
follows (the storage of recreational vehicles in other zones is subject to Section 9-
6.183; the storage of mobile homes is subject to Section 9-6.142(c)):
(1) Location of Storage. Recreational vehicles are not to be stored in the
required front setback area.
(2) Use. Recreational vehicles are not to be used for living, sleeping or
housekeeping purposes except as provided by Section 9-6.176.
(1) Scrap and Junk. The outdoor storage of scrap, junk and miscellaneous articles and
materials accessory to another use is limited to a maximum area of two hundred
(200) square feet, with a maximum height of five (5) feet unless such storage is
entirely within a six (6) foot high solid wood or masonry fence or within a
building. Such storage shall be located only where it is within the buildable area
of the lot. The storage of scrap and junk as a principal use is subject to the
standards of Section 9-6.131. (Ord. 68 § 9-6.103, 1983)
(g) Cargo Containers. Cargo Containers (also referred to as "Seatrains" or shipping
containers) are defined as a prefabricated metal structure designed for use as an
enclosed truck trailer in accordance with Department of Transportation (DOT)
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
standards. The use of cargo containers for accessory storage purposes is permitted
based on the following standards:
(1) Use of Cargo Containers.
(i). Cargo Containers shall be utilized for accessory storage only.
Occupancy shall be limited to a "U" occupancy consistent with the
California BuildingCode (CBC) or its successor title.
(ii.) Cargo containers shall not be used for permanent or temporary
human occupancies, including but not limited to living sleeping or
other residential uses.
(2) Number of Cargo Containers Permitted.
i). One (1) cargo container may be permitted on a commercial. industrial
or single family residential lot over one (1) gross acre in size,
subject to Planning Commission review for neighborhood
compatibility and approval of a building permit.
(ii). Two (2) or more cargo containers may be permitted with a minor
Conditional Use Permit (CUP) on a commercial, industrial, or
single family residential lot over one (1) gross acre in size, subject
to Design Review Committee (DRC) review for neighborhood
compatibility and approval of a building permit.
(3) Standards for Cargo Containers.
(i). Building Permit. A building permit is required for cargo containers
over 120 square feet in size. A cargo container which is a 120
square feet or less, is exempt from buildings permit requirements
provided it meets property line and structure setbacks required by
this title and does not have any utility connections.
(ii). Setbacks. Cargo containers shall be located in the rear half of the
^� property in commercial, industrial and residential zones. Cargo
containers shall not be permitted within the front or street facing
side yard setback of a residential property. Setbacks shall be
consistent with underlying zone setback requirements and is
consistent with the preceding subsections (1) and (2)
(iii). Foundation. Cargo containers shall be anchored on a foundation
system capable of withstandingall ll imposed vertical and horizontal
loads and consistent with all applicable codes. Any alterations to
the container shall be designed and detailed by a licensed design
professional. All foundations and alterations shall be approved by
the Chief Building Official.
(iv). The cargo container my not occupy any required parking areas or
obstruct any fire department access waw
(4) Exemptions.
W. Use of cargo containers for temporary on-site storage associated
with a construction project is exempt from this section (refer to
section 9-6.103(a)).
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
(ii) Use of cargo containers for temporary commercial storage may be
allowed with the approval of an Administrative Use Permit for a
period not to exceed four (4) months.
9-11.105 Tree removal.
(a) Permit Required. Except as set forth in subsection (b) below, a tree removal
permit shall be required for the removal of any deciduous native tree two (2)
inches dbh or greater and four (4) inches dbh or greater for all other protected
native trees, and for pruning of more than twenty-five percent (25%) of the live
canopy in native trees. Any private or public entity doing regular maintenance in
the City may seek a blanket pruning permit that may be renewed on a yearly
basis.
(b) Exemptions. The following are exempt from the permit requirements of this
chapter:
(1) Emergency situations which cause hazardous or dangerous conditions that
have serious potential to cause immediate damage to persons or
improvements on real property. Such situations must be reported to the
City within forty-eight (48) hours;
(2) Trees planted, grown and maintained as part of a licensed nursery or tree
farm business;
(3) Tree pruning that affects less than twenty-five percent (25%) of a tree's
live canopy within one year's time. The pruning shall be done according
to current tree pruning standards as adopted by the International Society of
Arboriculture;
(4) Trees removed as part of an approved "tree management plan";
(5) Single family residences in single family zoning districts where a
permanent dwelling exists and building or grading permits are not being
sought.
(6) Emergency septic system repair and/or replacement in a single familX
zoning district, where a septic system has failed as determined by the City
Engineer and is considered a hazard to the health, safety, and welfare of
the homeowner and adjacent property owners.
(c) Application for Tree Removal.
(1) Early Consultation. All applicants are encouraged to consult with the
Community Development Department before site development that may
involve any tree removal. Early consultation shall be a factor used in
determining whether proposed improvements can be reasonably designed
to avoid the need for tree removal.
(2) Content. The content of the tree removal application an permit shall be in
a form as established by the Community Development Director. The
applicant must provide the factual data to make the required finding(s) as
required in this chapter.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
(3) Fees. Application fees shall be established by resolution of the City
Council. Fees shall not be required for applications for the removal of
dead or diseased trees, as defined in subsection (d)(2)(i) of this section.
(4) Arborist Report. When applicable by this chapter, the applicant is required
to submit a tree condition report prepared by an arborist selected and
retained by the City. The applicant shall reimburse the City for all costs
related to the preparation of the report.
(5) Posting. All native trees proposed for removal shall be identified by the
applicant for field inspection as set forth in the Guidelines. When a tree
removal permit is issued, the City shall post a copy of the permit in City
Hall and the applicant will post a copy on-site for a public appeal period of
five (5) business days.
(d) Review and Approval.
(1) Authority. The Planning Commission shall make decisions regarding all
tree removal application requests involving trees twenty-four (24) inches
dbh or larger. All other tree removal application decisions will be made by
the Community Development Department.
(2) Required Findings. At least one of the following findings must be made in
order to approve a tree removal application:
(i) The tree is dead, diseased or injured beyond reclamation, as
certified by a tree condition report from an arborist;
(ii) The tree is crowded by other healthier native trees; thinning
(removal) would promote healthier growth in the trees to remain,
as certified by a tree condition report from an arborist;
(iii) The tree is interfering with existing utilities and/or structures, as
certified by a report from the site planner;
(iv) The tree is inhibiting sunlight needed for existing and/or proposed
active or passive solar heating or cooling, as certified by a report
from the site planner;
(v) The tree is obstructing proposed improvements that cannot be
reasonably designed to avoid the need for tree removal, as certified
by a report from the site planner and determined by the
Community Development Department based on the following
factors:
a. Early consultation with the City,
b. Consideration of practical design alternatives,
C. Provision of cost comparisons (from applicant) for practical
design alternatives,
d. If saving tree eliminates all reasonable use of the property,
or
e. If saving the tree requires the removal of more desirable
trees.
(3) Evaluative Criteria for Tree Removal. The following criteria will be
considered when evaluating each tree removal application:
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
(i) The potential effect that tree removal could have on topography,
knowing that hilltops, ravines, streambeds and other natural
watercourses are more environmentally sensitive than flat or gentle
sloping lands;
(ii) The potential effect that tree removal could have on soil retention
and erosion from increased flow of surface waters;
(iii) The potential effect that tree removal could have on the ambient
and future noise level;
(iv) The potential effect that tree removal could have on the ability of
existing vegetation to reduce air movement and wind velocity;
(v) The potential effect that tree removal could have on significantly
reducing available wildlife habitat or result in the displacement of
desirable species;
(vi) Aesthetics;
(vii) The number, size, species, condition and location of trees to be
removed;
(viii) The special need to protect existing blue and valley oaks because
of regeneration problems;
(ix) The cumulative environmental effects of tree removal.
(4) Conditions of Approval. Tree removal permits shall be conditioned by one
or more of the following methods:
(i) Depending on the characteristics of the site the applicant may plant
replacement trees on site. This method shall include payment in
advance for three (3) site inspections during a four (4) year
establishment period;
(ii) Payment of fee to the Tree Replacement Fund;
(iii) Establishment of conservation easements, which will restrict
removal of any tree within a designated area of the property. (Ord.
350 §2,1998)
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
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.
EXHIBIT A: Categorical Exemption
INTRODUCED at a regular meeting of the City Council held on , and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF ATASCADERO
Tom O'Malley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian Pierik, City Attorney
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
EXHIBIT A: Categorical Exemption
PLN 2013-1462 / ZCH 2013-0168
Title 9 Zoning Ordinance Text Amendments
CITY OFATASCADERO
NOTICE OF EXEMPTION
6500 Palma Avenue Atascadero. CA 93422 805.461.5000
TO: File
FROM: City of Atascadero
Community Development Department
6500 Palma Avenue
Atascadero, CA 93422
SUBJECT: Filing of Notice of Determination in Compliance with CEQA Sections 15061and 15062
Proiect Title
ZONING ORDINANCE CODE TEXT AMENDMENT
Proiect Location (Include County)
Citywide, Atascadero, CA 93422 (San Luis Obispo County)
Proiect Description
This action consists of proposed Zoning Ordinance Text Amendments to Title 9 Planning and Zoning
Code to the following sections:
• Allow multi -family residential uses in the CP/CR zone as conditionally allowed uses;
• Amend section 9-4.106 front setback standards to allow exceptions with DRC approval;
• Amend section 9-4.128 fencing and screening to allow fence height exceptions with DRC
approval and allow fences up to four (4) feet in height within the front setback of parcels less than
one (1) acre in size,
• Amend section 9-4.139 through 9-4.154 Grading and drainage standards for consistency with
State Post Construction Stormwater regulations;
• Amend section 9-4.160 Streets, to allow frontage improvement exceptions for certain residential
projects and clarification of improvements;
• Amend section;
• Amend section 916.103 to allow for cargo containers as accessory structures with issuance of a
building permit;
• Amend section 9-11.105, exempting emergency septic system repairs from the Native Tree
Ordinance.
ITEM NUMBER: A-1
DATE: 11-26-13
ATTACHMENT: 4
CFTY OF ATASCADERO
NOTICE OF EXEMPTION
Page 2 of 2
Name of Public Aeencv Approving Proiect
City ofAtascadero
Name of Person or Agency Can-ving Out Proiect
Community Development Department, City ofAtascadero
Exempt Status:
Reasons why project is exempt:
The California Environmental Quality Act (CEQA) (Section 15061.(3xb) Review for Exemption exempts
activities which are covered by the general rule that CEQA applies only to projects, which have the
potential for causing a significant effect on the environment.
Date: October 4, 2013 11*
�//tea .c.►�^
Alfredo R Castillo, AICP
Assistant Planner
Page 2 of 2
Atascadero City Council
Staff Report — Police Department
ITEM NUMBER: A-2
DATE: 11-26-13
Proposed Amendment to the Existing Smoking Ordinance
Second Reading
RECOMMENDATION:
Council adopt, on second reading by title only, the proposed Ordinance amending the
existing smoking prohibition as defined in Section 10-1.34 of Chapter 1 of Title 10 of the
Atascadero Municipal Code, by expanding the existing smoke-free area within the City
to also include any area within 100 feet of Sunken Gardens.
DISCUSSION:
The Atascadero Police Department has experienced a significant increase in calls for
service due to subjects gathering to smoke in the areas adjacent to Sunken Gardens
Park. Calls are received from members of the City's downtown business community and
school children's parents regarding the smoking problem, trespassing, littering and
intimidation. In addition, the congregations of smokers in this area are creating large
emissions of secondhand smoke.
Adoption of the amendment to the existing ordinance will provide for a smoke free
corridor 100 feet beyond Sunken Garden. This will allow for school children,
pedestrians, business patrons, and our business community to utilize this area in a
clean and safe environment, free from the health hazards as a result of second hand
smoke.
Our Community's concerns relating to this issue are significant and can be addressed
by amending the current ordinance to prohibit smoking within 100 feet from the
perimeter of Sunken Gardens.
On November 12, 2013, the City Council approved staff's recommendations and
introduced for the first reading by title only, the proposed amendment Draft Ordinance.
This amendment Draft Ordinance is being returned to the City Council to be adopted on
ITEM NUMBER: A-2
DATE: 11-26-13
second reading by title only. If adopted the amended Ordinance will become effective
on December 26th. 2013
FISCAL IMPACT: None
ATTACHMENT: Draft Ordinance
ITEM NUMBER: A-2
DATE: 11-26-13
ATTACHMENT: 1
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA, AMENDING SECTION 10-1.34 OF CHAPTER 1 OF TITLE 10 OF THE
ATASCADERO MUNICIPAL CODE TO EXPAND THE SMOKE-FREE AREA
AROUND SUNKEN GARDENS
WHEREAS, the United States Environmental Protection Agency has classified
secondhand smoke as a Group A carcinogen, which is the most dangerous class of carcinogen;
and
WHEREAS, creating smoke-free areas limits the exposure of unwanted secondhand
smoke to non-smoking individuals; and
WHEREAS, pursuant to California Health & Safety Code section 118910, the City is
permitted to enforce smoke-free areas throughout the City; and
WHEREAS, recently the City has experienced a significant increase in smoking activity
in the areas immediately adjacent to Sunken Gardens; and
WHEREAS, Sunken Gardens and the area in the immediate vicinity thereof is frequently
used and traveled by schoolchildren, recreational sports players, visitors to the City's downtown
business community, as well as other members of the public; and
WHEREAS, smoking in the proximity of Sunken Gardens creates significant health and
safety hazards to City residents and visitors.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF ATASCADERO DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Section 10-1.34 of the Atascadero Municipal Code is amended to read as follows:
10-1.34. Smoking and tobacco products.
Except for ceremonial or religious purposes and except for paved parking lots, it is
unlawful for any person to smoke any substance or use any tobacco product within the
Charles Paddock Zoo, Outdoor Recreation Areas and public parks or on any sidewalks
contiguous to these locations, and within 100 feet of Sunken Gardens. "To smoke"
means the carrying or holding of any lighted cigarette, cigar or pipe, or any other lighted
smoking product or equipment.
Nothing in this section would prohibit business and private property owners in the area
immediately surrounding Sunken Gardens from designating an outdoor smoking area for
their employees or patrons, provided that such designations comply with all State and
local laws, including but not limited to California Government Code sections 7596 et
ITEM NUMBER: A-2
DATE: 11-26-13
ATTACHMENT: 1
seq., California Health & Safety Code sections 118875 et seq., California Labor Code
section 6404.5, and Chapter 6 of Title 6 of the municipal code. Such designated areas
must be clearly marked with signage or other visible indicators.
SECTION 2. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this
Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of
competent jurisdiction, such decision shall not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each
section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact
that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions
thereof be declared invalid or unconstitutional.
SECTION 3. A summary of this ordinance, approved by the City Attorney, shall be published
twice: at least five days prior to its final passage in the Atascadero News, a newspaper published
and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days after its final
passage, in the Atascadero News, a newspaper published and circulated in the City of Atascadero.
A copy of the full text of this ordinance shall be on file in the City Clerk's Office on and after the
date following introduction and passage and shall be available to any interested member of the
public.
INTRODUCED at a regular meeting of the City Council held on , and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
CITY OF ATASCADERO
Tom O'Malley, Mayor
ITEM NUMBER: A-2
DATE: 11-26-13
ATTACHMENT: 1
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney
Atascadero City Council
Staff Report — Police Department
ITEM NUMBER: A-3
DATE: 11-26-13
Proposed Amendment to the Prohibited Camping Ordinance
Second Reading
RECOMMENDATION:
Council adopt, on second reading by title only, the proposed ordinance repealing
Section 10-1.33 (Overnight camping) of Chapter 1 of Title 10 of the Atascadero
Municipal Code ("AMC"), and adding Chapter 15 (Prohibited Camping) to Title 5 of the
AMC, to better define the prohibited camping ordinance and allow for prosecution of
violators.
DISCUSSION:
The Atascadero Police Department has observed an increase in the negative impacts
created by persons camping throughout the City. The Police Department is unable to
enforce the current camping ordinance as it was deemed overly vague by the court.
Staff has recommended that the ordinance be expanded to prohibit camping activities
on all public property. Based on recent case law, staff believes that the City's ordinance
should also be updated to specifically define the activities that constitute prohibited
camping and clarify what constitutes adequate notice of activities that violate the AMC.
Staff has drafted a proposed ordinance, incorporating these changes.
On November 12, 2013, the City Council approved staff's recommendations and
introduced for first reading by title only, the proposed amendment Draft Ordinance. This
amended Draft Ordinance is being returned to the City Council to be adopted on second
reading by title only. If adopted, the amendment Draft Ordinance will become effective
on December 26, 2013.
FISCAL IMPACT: None.
ATTACHMENT: Draft Ordinance
ITEM NUMBER: A-3
DATE: 11-26-13
ATTACHMENT: 1
DRAFT ORDINANCE
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ATASCADERO,
CALIFORNIA, REPEALING SECTION 10-1.33 OF THE ATASCADERO MUNICIPAL
CODE AND AMENDING TITLE 5 OF THE MUNICIPAL CODE BY ADDING
CHAPTER 15 (PROHIBITED CAMPING)
WHEREAS, the City of Atascadero currently has a statute prohibiting camping within the
City limits that has been deemed unenforceable in San Luis Obispo County; and,
WHEREAS, the health and welfare of the citizens of the City of Atascadero is jeopardized
by the health hazards that accompany illegal camping within the City limits.
The City Council of the City of Atascadero ordains as follows:
SECTION 1. The City Council of the City of Atascadero finds as follows:
A. Recently, there has been an increase in camping activity throughout the City, on
both public and private property that is not otherwise intended for camping
activities.
B. Camping activities on property that is not intended for such activities has created
numerous health and safety concerns, including but not limited to problems with
pollution, littering, sanitation, public intoxication and physical fighting.
C. In addition, such camping activities have resulted in aesthetic concerns such as
increased graffiti, the abandonment of personal property, and damage to native tree
and plant life throughout the City.
D. As a result of this increase in camping activities, the Atascadero Police Department
reports that it has received daily calls for service regarding such secondary effects of
camping activities.
E. The City's current prohibition on camping is limited to public parks and parking
places, which does not adequately cover all of the areas of public property that are
currently being utilized for camping activities. In addition, the language of the
current regulation needs to be updated to specifically clarify the activities that
constitute unlawful "camping."
F. The California Supreme Court has affirmed that there is no fundamental right to use
public property for camping or storing personal belongings. (Tobe v. City of Santa
Ana (1995) 9 Cal.4th 1069, 1104).
ITEM NUMBER: A-3
DATE: 11-26-13
ATTACHMENT: 1
SECTION 2. Section 10-1.33, of Chapter 1 of Title 10 of the Atascadero Municipal Code
is hereby repealed.
SECTION 3. Title 5 of the Atascadero Municipal Code is hereby amended by adding
Chapter 15 (Prohibited Camping) to read as follows:
Chapter 15 PROHIBITED CAMPING
5-15.101 Purpose.
The use of public places and public rights-of-way for camping and storage of personal
property interferes with the rights of the public to use such areas in the manner in which they were
intended. The purpose of this chapter is to ensure that public places and rights-of-way are readily
accessible to the public in a safe and unobstructed manner.
5-15.102 Definitions.
As used in this chapter:
"Camp" or "camping" means the use of public places or public right-of-ways for living
accommodation purposes such as sleeping activities, or making preparations to sleep (including the
laying down of bedding or other camp paraphernalia for the purpose of sleeping), or storing
personal belongings, or making any fire, or using any tents or shelter or other structure or vehicle for
sleeping or doing any digging or earth breaking or carrying on cooking activities. These activities
constitute camping when it reasonably appears, in light of all the circumstances, that a person, in
conducting these activities, is in fact using the area as a living accommodation regardless of his or
her intent, or the nature of any other activities in which he or she might also be engaged.
"Camp paraphernalia" includes, but is not limited to, tents, huts, pillows, tarps, cots, beds,
sleeping bags, hammocks, personal cooking facilities or other similar equipment or materials that
are used to create temporary shelters and accommodations.
"Dwelling" or "living quarters" means any vehicle or temporary shelter used as a person's
place of residence or occupancy in place of a traditional building structure.
"Public place" means any public property, improved or unimproved, including but not
limited to parks (as defined in section 10-1.01 of this code), outdoor recreation areas (as defined in
section 10-1.01 of this code), public parking lots, publicly owned drainage culverts and basins, and
publicly maintained landscaped areas.
"Public right-of-way" means any public streets, sidewalks, alleyways, or passageways that
are open to vehicular, bicycle or pedestrian traffic.
"Store" or "storage" means to put aside or accumulate for later use or safekeeping, to place
or leave in a location.
ITEM NUMBER: A-3
DATE: 11-26-13
ATTACHMENT: 1
5-15.103 Prohibited camping.
(a) No person may camp on a public place or public right-of-way.
(b) No person may store unattended personal property, including but not limited to
camp paraphernalia, in any public place or public right-of-way, except as otherwise provided by
resolution of the City Council.
(c) No person may use any car, trailer, camper, recreational vehicle, or mobile -home as
a dwelling or as living quarters to camp on any public place or public right-of-way.
(d) No person may camp or store unattended personal property, including but not
limited to camp paraphernalia, on any privately owned property to the extent that such camping or
storage was not authorized in advance by the property owner, or despite advance authorization, is
otherwise deemed a public nuisance.
(e) Nothing in this section may be construed to prohibit camping or storage of
unattended personal property in a public campground operating pursuant to a valid permit, license,
or other approval issued under federal, state or local law.
5-15.104 Exception.
The prohibitions on camping contained in section 5-15.102 will not apply when a person
can demonstrate that camping is otherwise involuntary or unavoidable due to circumstances beyond
a person's control. However, nothing in this section will prevent the city from abating a condition
created by such camping or storage of personal property that presents an immediate threat to the
public health or safety.
5-15.105 Removal.
(a) Unlawful camping or unattended storage of personal property in violation of this
chapter is declared to be a public nuisance.
(b) Following notice and an opportunity to cure, city police or code enforcement
officers may remove or cause the removal of any personal property, including but not limited to
camp paraphernalia, that is being used to camp or is being stored in violation of this chapter.
(c) If the unlawful camping or storage of personal property presents an immediate threat
to the public health or safety, the chief of police may immediately cause the removal of the threat.
(d) Personal property that is removed pursuant to this section will be held by the city for
a period of 90 days, provided that items that create an immediate threat to health or safety may be
disposed of immediately. If personal property is not collected within 90 days, such property will be
deemed abandoned and destroyed.
(e) Upon removal of personal property pursuant to this section, written notice will be
ITEM NUMBER: A-3
DATE: 11-26-13
ATTACHMENT: 1
provided to the owner of such property, or if the owner cannot be located, written notice will be
conspicuously placed in the location where the personal property was located. The notice will state
the following:
(1) The date that personal property was removed;
(2) The address and hours of operation where personal property may be collected;
(3) The date on which uncollected property will be deemed abandoned and destroyed;
and
(4) Requirements for retrieval of property.
SECTION 4. Violations of this chapter are subject to the penalties set forth in Title 12 of
this code.
SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of
this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court
of competent jurisdiction, such decision will not affect the validity of the remaining portions of this
Ordinance. The City Council hereby declares that it would have adopted this Ordinance, and each
section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact
that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions
thereof be declared invalid or unconstitutional.
SECTION 6. A summary of this ordinance, approved by the City Attorney, shall be
published twice: at least five days prior to its final passage in the Atascadero News, a newspaper
published and circulated in the City of Atascadero, and; before the expiration of fifteen (15) days
after its final passage, in the Atascadero News, a newspaper published and circulated in the City of
Atascadero. A copy of the full text of this ordinance shall be on file in the City Clerk's Office on
and after the date following introduction and passage and shall be available to any interested
member of the public.
INTRODUCED at a regular meeting of the City Council held on , and PASSED
and ADOPTED by the City Council of the City of Atascadero, State of California, on
, by the following roll call vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
ITEM NUMBER: A-3
DATE: 11-26-13
ATTACHMENT: 1
CITY OF ATASCADERO
Tom O'Malley, Mayor
ATTEST:
Marcia McClure Torgerson, C.M.C., City Clerk
APPROVED AS TO FORM:
Brian A. Pierik, City Attorney