Loading...
HomeMy WebLinkAbout121013_CC_Agenda-Combined 1918 1979 CITY OF A TA SCA DERO CITY COUNCIL AGENDA Tuesday, December 10, 2013 City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Enter on Lewis Ave.) City Council Closed Session: 5:00 P.M. City Council Regular Session: 6:00 P.M. CITY COUNCIL CLOSED SESSION: 5:00 P.M. 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 b. Conference with Legal Counsel — Anticipated Litigation Initiation of litigation pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9 One potential case 4. CLOSED SESSION -- ADJOURNMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION -- REPORT 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 PRESENTATIONS: None. 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. City Council Draft Action Minutes — November 12, 2013 ■ Recommendation: Council approve the City Council Draft Action Minutes of November 12, 2013. [City Clerk] 2. Special Joint Meeting — Atascadero City Council & Planning Commission — Draft Action Minutes - November 14, 2013 ■ Recommendation: Council approve the Special Joint Meeting Draft Action Minutes of November 14, 2013. [City Clerk] 3. October 2013 Accounts Payable and Payroll ■ Fiscal Impact: $2,164,990.15 ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for October 2013. [Administrative Services] 4. 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] 5. 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] 6. Purchase of a Large Area Mower ■ Fiscal Impact: This action will result in the expenditure of $55,000 in budgeted Public Works operations funds. ■ Recommendation: Council award the purchase of a large area mower to Turf Star in the amount of $55,000. [Public Works] 7. Pump Repair Services ■ Fiscal Impact: No increased costs are anticipated due to utilizing the pre- approved vendor list. ■ Recommendation: Council authorize the City Manager to execute contracts for on-call pump repair services with the following providers as needed: a. Perry's Electric Motor's & Controls b. PC Mechanical Inc. [Public Works] 8. Water Reclamation Facility Headworks Project Enqineering Services Budget Allocation ■ Fiscal Impact: Approval of the requested change order to AECOM Inc. in the amount of $20,000 for additional engineering services will come from currently budgeted Wastewater Barscreen / Headworks Project funds. ■ Recommendation: Council approve a change order to AECOM Inc. in the amount of $20,000 for additional engineering services for the Water Reclamation Facility Barscreen / Headworks Project. [Public Works] 9. Dove Creek Tract Improvements - Tract 2626 - Release of Maintenance Bond ■ Fiscal Impact: None. ■ Recommendation: Council accept the Dove Creek / Tract 2626 Improvements as complete and direct staff to release the Maintenance Bond. [Public Works] UPDATES FROM THE CITY MANAGER: (The City Manager will give an oral report on any current issues of concern to the City Council.) COMMUNITY FORUM: (This portion of the meeting is reserved for persons wanting to address the Council on any matter not on this agenda and over which the Council has jurisdiction. Speakers are limited to three minutes. Please state your name for the record before making your presentation. 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(c'b_atascadero.org.) B. PUBLIC HEARINGS: 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. Appeal of City Denial of Request for an Interim Management Plan for the Millhollin Mine (Glen Millhollin) ■ Fiscal Impact: None. ■ Recommendation: Council adopt Draft Resolution denying the appeal of the City denial of the request for an Interim Management Plan for the Millhollin Mine. [City Attorney] 3. PLN 2008-1314 Dove Creek Commercial Center - Amendment to Condition #10 Santa Barbara Road & EI Camino Real (Fortune Companies) ■ Fiscal Impact: The recommendation relinquishes all potential future rights for the parcel to be conveyed to the City, including that the City would not be responsible for the costs associated with securing clear title to the property. ■ Recommendation: Planning Commission Recommends: 1. City Council adopt Draft Resolution A approving an amendment to Condition #10 of CUP 2003-0099 related to the Commercial Center Master Plan of Development based on findings. 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 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 December 10, 2013 Regular Session of the Atascadero City Council was posted on December 3, 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 3rd day of December, 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: 12-10-13 +d t i7"7a' � CITY OF A TA SCA DERO CITY COUNCIL DRAFT ACTION MINUTES Tuesday, November 12, 2013 6:00 P.M. City Hall Council Chambers, 4th floor 6500 Palma Avenue, Atascadero, California (Enter on Lewis Ave.) Salinas River Trail Map Preview for Public: 5:00 P.M. City Council Regular Session: 6:00 P.M. City Council Closed Session: Immediately following Conclusion of the Regular Session REGULAR SESSION — CALL TO ORDER: 6:00 P.M. Mayor O'Malley called the meeting to order at 6:02 p.m. and Police Chief Jerel Haley led the Pledge of Allegiance. Atascadero City Council November 12,2013 Page 1 of 11 ITEM NUMBER: A-1 DATE: 12-10-13 ROLL CALL: Present: Council Members Kelley, Moreno, Fonzi, Mayor Pro Tem Sturtevant, and Mayor O'Malley Absent: None Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri Rangel, Community Development Director Warren Frace, Public Works Director Russ Thompson, Police Chief Jerel Haley, Fire Chief Kurt Stone, and City Attorney Brian Pierik. APPROVAL OF AGENDA: Mayor O'Malley asked for consensus to move Item #C-1 to be heard before the Public Hearings. Also, the Closed Session item needs to be continued because the City Attorney is absent. MOTION: By Council Member Kelley and seconded by Mayor Pro Tem Sturtevant to approve the agenda as amended. Motion passed 5:0 by a roll-call vote. PRESENTATIONS: None A. CONSENT CALENDAR: 1. City Council Draft Action Minutes — October 22, 2013 ■ Recommendation: Council approve the City Council Draft Action Minutes of October 22, 2013. [City Clerk] 2. August 2013 Accounts Payable and Payroll ■ Fiscal Impact: $3,232,309.53 ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for August 2013. [Administrative Services] 3. September 2013 Accounts Payable and Payroll ■ Fiscal Impact: $3,595,985.37 Atascadero City Council November 12,2013 Page 2 of 11 ITEM NUMBER: A-1 DATE: 12-10-13 ■ Recommendation: Council approve certified City accounts payable, payroll and payroll vendor checks for September 2013. [Administrative Services] 4. September 2013 Investment Report ■ Fiscal Impact: None. ■ Recommendation: Council receive and file the City Treasurer's report for quarter ending September 2013. [Administrative Services] 5. Retaining Special Counsel for Appeal of FEMA Determination ■ Fiscal Impact: The Morrison firm expenditures incurred to date total $84,700. The City has paid the Morrison firm to date $38,350. These charges are paid from the Historic City Hall project fund. Additional expenses to Morrison for the appeal work will also come from this fund. ■ Recommendation: Council approve past payments for legal services to the law firm of Morrison Foerster, LLP, from June 21, 2013 to the present, and direct the City Manager to continue to use the legal services of the law firm of Morrison Foerster, LLP, as special counsel to represent the City of Atascadero in the appeal of the FEMA reduction of about $2.7 million in relocation funding, until their services are no longer needed. [City Attorney] 6. Authorize Contract with Avtec, Inc. for Emergency Radio Communications System ■ Fiscal Impact: The fiscal impact of this award is $174,553.18 ($164,699.08 Avtec contract plus $9,854.10 in California use taxes) in budgeted Law Enforcement Facilities Fees Funds and Supplemental Law Enforcement Services Funds. ■ Recommendation: Council authorize the City Manager to execute an agreement with Avtec, Inc. in the amount of $164,699.08 for a new emergency radio communications system. [Police] MOTION: By Council Member Fonzi and seconded by Council Member Kelley to approve the Consent Calendar. Motion passed 5:0 by a roll-call vote. (#A-6: Contract No. 2013-031) UPDATES FROM THE CITY MANAGER: City Manager Rachelle Rickard gave an update on projects and issues within the City. Atascadero City Council November 12,2013 Page 3 of 11 ITEM NUMBER: A-1 DATE: 12-10-13 COMMUNITY FORUM: The following citizens spoke during Community Forum: Tom Gaddis, Jerry Clay, Mike Tallon, Kelly Long, Maria Roth, Don Idler, and Josh Donovan. Mayor O'Malley closed the COMMUNITY FORUM period. C. MANAGEMENT REPORTS: 1. Second Review North County Salinas River Trail Master Plan Public Review Draft Plan (SLOCOG) ■ Fiscal Impact: There is no fiscal impact at this time. ■ Recommendation: City Council review San Luis Obispo Council of Government's (SLOCOG) Draft North County Salinas River Trail Master Plan, and make recommended changes, or direct staff to draft a letter of support, for the Plan to SLOCOG. [Community Development] Mayor Pro Tem Sturtevant recused himself because this proposed trail project will run adjacent to his property. Community Development Assistant Planner Callie Taylor gave the staff report and answered questions from the Council. Geiska Valesquez of SLOCOG gave a brief summary of the project and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: Jerry Clay, John Schanuck, Bob Barron, and Bill Obermayer. Mayor O'Malley closed the Public Comment period. MOTION: By Council Member Fonzi and seconded by Council Member Kelley to direct staff to write a letter of support for the North County Salinas River Trail Master Plan, to include the following: 1. An expedited link between Templeton and Atascadero; and, 2. Remove Curbaril from the plans as a trail; and, Atascadero City Council November 12,2013 Page 4 of 11 ITEM NUMBER: A-1 DATE: 12-10-13 3. Exclude trail lines on maps that cross private properties that do not want to participate so that they could not be created later on; and, 4. Include loops for educational purposes. Motion passed 4:0 by a roll-call vote. (Sturtevant abstained) There was Council consensus to be notified when a Commission creates Ad Hoc committees. PUBLIC HEARINGS: 1. 2014 Community Development Block Grants Draft Recommendations ■ Fiscal Impact: The 2014 allocation is estimated to be $121,388. ■ Recommendation: Council develop and adopt draft funding recommendations for the 2014 Community Development Block Grant (CDBG) funds. [Public Works] Public Works Director Russ Thompson gave the staff report and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: Bob Parentie, and Michael Sherer. Mayor O'Malley closed the Public Comment period. There was Council consensus on the following recommendations: CDBG 2014 Requested Consensus Public Facilities City of Atascadero— Handicapped Accessibility- Barrier Removal Projects $ 80,000 $ 72,050 RISE SLO County 7,138 7,138 TOTAL PUBLIC FACILITIES 87,138 79,188 Public Services —Limited to 15% of 2014 Allocation ($18,200) Atascadero City Council November 12,2013 Page 5 of 11 ITEM NUMBER: A-1 DATE: 12-10-13 City of Atascadero—Youth Activity Scholarships 8,000 4,550 Atascadero Loaves and Fishes—Operation of Food Pantry 15,000 4,550 EI Camino Homeless Organization —Operation of Homeless Shelter 37,000 9,100 Senior Nutrition Program for SLO County— Meals for Seniors 15,000 - TOTAL PUBLIC SERVICES 75,000 18,200 Administration —Limited to 20% of 2014 Allocation $24,278 City Program Administration Costs 24,000 24,000 TOTAL ADMINISTRATION 24,000 24,000 Total Funds Requested / Recommendations 186,138 121,388 Estimated Total Funding Available $ 121,388 MOTION: By Council Member Kelley and seconded by Council Member Fonzi to adopt the draft funding recommendations shown in the table above. Motion passed 5:0 by a roll-call vote. 2. Proposed Amendment to the Existing Smoking Ordinance ■ Fiscal Impact: None. ■ Recommendation: Council introduce for first 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] Police Commander Joe Allen gave the staff report and answered questions from the Council. Atascadero City Council November 12,2013 Page 6 of 11 ITEM NUMBER: A-1 DATE: 12-10-13 PUBLIC COMMENT: The following citizens spoke on this item: Sharon Turner, Jason Pambrun, Dan Ulrich, William Holmes, Michael Sherer, John Sanders, and Jay DeCou. Mayor O'Malley closed the Public Comment period. MOTION: By Council Member Kelley and seconded by Council Member Moreno to introduce for first 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, and to have staff return to the City Council in six months to review the success of the Ordinance. Motion passed 5:0 by a roll-call vote. Mayor O'Malley recessed the meeting at 8:44 p.m. Mayor O'Malley reconvened the meeting at 8:58 p.m. 3. Proposed Amendment to the Prohibited Camping Ordinance ■ Fiscal Impact: None. ■ Recommendation: Council introduce for first 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] Police Commander Joe Allen gave the staff report and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: John Sanders, Dan Ulrich, Jay DeCou, William Holmes, and Babette DeCou. Mayor O'Malley closed the Public Comment period. MOTION: By Council Member Kelley and seconded by Mayor O'Malley to introduce for first reading, by title only, the proposed Atascadero City Council November 12,2013 Page 7 of 11 ITEM NUMBER: A-1 DATE: 12-10-13 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. Motion passed 5:0 by a roll-call vote. 4. Title 2 Administration Text Amendments, Title 4 Public Safety Text Amendments, Title 7 Public Works 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: Planning Commission Recommends: 1. City Council introduce Draft Ordinance E for first reading, by title only, to approve PLN 2013-1462 (Zone Text Change ZCH 2013-0168, Title 9 Planning and Zoning Ordinance Amendments). With the additional Staff recommendation to modify section 9-1.115, off-street parking for consistency with the 2013 California Building Code adoption and the Americans with Disabilities Act (ADA). Staff Recommends: 1. City Council introduce Draft Ordinance A for first reading, by title only, to approve amendments to Title 4 Public Safety; 2. City Council introduce Draft Ordinance B for first reading, by title only, to approve amendments to Title 7 Public Works; 3. City Council introduce Draft Ordinance C for first reading, by title only, to approve amendments to Title 8 Building Code for consistency with the 2013 California Building Code; 4. City Council introduce Draft Ordinance D for first reading, by title only, to approve amendments to Title 2 Building Code for consistency with the 2013 California Building Code [Community Development/Public Works/Fire] Community Development Director Warren Frace, Public Works Director Russ Thompson, and Fire Marshall Tom Peterson gave the staff report and answered questions from the Council. Atascadero City Council November 12,2013 Page 8 of 11 ITEM NUMBER: A-1 DATE: 12-10-13 PUBLIC COMMENT: The following citizens spoke on this item: David Bentz. Mayor O'Malley closed the Public Comment period. MOTION: By Council Member Fonzi and seconded by Council Member Moreno to introduce Draft Ordinance E for first reading, by title only, to approve PLN 2013-1462 (Zone Text Change ZCH 2013- 0168, Title 9 Planning and Zoning Ordinance Amendments) with the following amendment: 1. Add 7 foot agriculture fencing limit to the large lot zone. Motion passed 5:0 by a roll-call vote. MOTION: By Mayor O'Malley and seconded by Council Member Kelley to introduce Draft Ordinance A for first reading, by title only, to approve amendments to Title 4 Public Safety. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member Fonzi and seconded by Mayor Pro Tem Sturtevant to continue Draft Ordinance B to give staff time to make suggested amendments and return to the Council for introduction. Motion passed 5:0 by a roll-call vote. MOTION: By Council Member Moreno and seconded by Council Member Fonzi to introduce Draft Ordinance C for first reading, by title only, to approve amendments to Title 8 Building Code for consistency with the 2013 California Building Code. Motion passed 5.0 by a roll-call vote. MOTION: By Mayor Pro Tem Sturtevant and seconded by Council Member Moreno to introduce Draft Ordinance D for first reading, by title only, to approve amendments to Title 2 Building Code for consistency with the 2013 California Building Code. Motion passed 5:0 by a roll-call vote. Mayor O'Malley asked for a motion to go past 11:00 p.m. MOTION: By Mayor Pro Tem Sturtevant and seconded by Council Member Moreno to continue the meeting past 11:00 p.m. Motion passed 5:0 by a voice vote. Atascadero City Council November 12,2013 Page 9 of 11 ITEM NUMBER: A-1 DATE: 12-10-13 Mayor O'Malley recessed the meeting at 10:56 p.m. Mayor O'Malley reconvened the meeting at 11:00 p.m. B. MANAGEMENT REPORTS: 2. Solid Waste Collection and Recycling Contracts Renewal Process ■ Fiscal Impact: In discussion with the Staff at the County's Integrated Waste Management Authority (IWMA) it is suspected that a new contract, even with the potential additional services, could result in a no increase or minimal increase in monthly garbage rates to City residents and businesses. ■ Recommendations: City Council authorize the City Manager to: Extend the recycling agreement with North San Luis Obispo County Recycling, Inc. for a minimum of seven months to January 1, 2015; and, 1. Enter negotiations for the modification of the provisions, conditions and term of agreements with existing solid waste and recycling vendors. [Public Works] Public Works Director Russ Thompson gave the staff report and answered questions from the Council. PUBLIC COMMENT: The following citizens spoke on this item: Bill Worrell, Wayne Hall, Liz Gomez, and David Bentz. Mayor O'Malley closed the Public Comment period. MOTION: By Mayor O'Malley and seconded by Mayor Pro Tem Sturtevant to extend the recycling agreement with North San Luis Obispo County Recycling, Inc. for a minimum of seven months to January 1, 2015. Motion passed 5:0 by a roll-call vote. There was also Council consensus to direct staff to set up a process to allow the public to provide input, including a public survey. COUNCIL ANNOUNCEMENTS AND REPORTS: None D. COMMITTEE REPORTS: None E. INDIVIDUAL DETERMINATION AND / OR ACTION: None F. ADJOURNMENT Atascadero City Council November 12,2013 Page 10 of 11 ITEM NUMBER: A-1 DATE: 12-10-13 Mayor O'Malley adjourned the meeting at 12:20 a.m. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C. City Clerk / Assistant to the City Manager 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 This item was continued because the City Attorney was absent. 4. CLOSED SESSION - ADJOURMENT 5. COUNCIL RETURNS TO CHAMBERS 6. CLOSED SESSION — REPORT Atascadero City Council November 12,2013 Page 11 of 11 ITEM NUMBER: A-2 DATE: 12-10-13 SPECIAL JOINT MEETING ATASCADERO CITY COUNCIL & PLANNING COMMISSION Thursday, November 14, 2013, 1 :00 p.m. Atascadero City Hall 6500 Palma Ave., Atascadero ************************************* DRAFT ACTION MINUTES Mayor O'Malley called the meeting to order at 1:00 p.m. ROLL CALL: Present: Council Members Kelley, Moreno, Fonzi, and Mayor O'Malley Absent: Mayor Pro Tem Sturtevant Others Present: City Clerk / Assistant to City Manager Marcia McClure Torgerson Staff Present: City Manager Rachelle Rickard, Administrative Services Director Jeri Rangel, Community Development Director Warren Frace, Public Works Director Russ Thompson, and Police Chief Jerel Haley. PUBLIC COMMENT: None ITEM NUMBER: A-2 DATE: 12-10-13 CITY COUNCIL / PLANNING COMMISSION DRIVING TOUR: The City Council and Planning Commission conducted a tour of approved development projects located along the EI Camino Real corridor. The mobile meeting began at City Hall and traveled by bus to the Home Depot Center at 900 EI Camino Real. From there, the mobile meeting route headed south along EI Camino Real making periodic stops at various development project sites. The final stop was at the Las Lomas specific plan project located on Halcon Road, east of Viejo Camino. No formal actions were taken. There were two members of the public that joined the meeting and they provided their own transportation. They were Jerry Clay and Charles Bourbeau. The City Council and Planning Commission only discussed project and policy issues at stop points when they departed the bus and the public was present. ADJOURNMENT: Mayor O'Malley adjourned the meeting at 4:45 p.m. MINUTES PREPARED BY: Marcia McClure Torgerson, C.M.C. City Clerk / Assistant to the City Manager The following exhibit is available for review in the City Clerk's office: Exhibit A— Development Project Review Handout, dated November 14, 2013 City of Atascadero November 14,2013 Page 2 of 2 ITEM NUMBER: is DATE: CAD Atascadero City Council Staff Report - Administrative Services Department October 2013 Accounts Payable and Payroll RECOMMENDATION: Council approve certified City accounts payable, payroll and payroll vendor checks for October 2013. DISCUSSION: Attached for City Council review and approval are the following: Payroll Dated 10/10/13 Checks # 30714 - 30742 $ 18,796.36 Direct Deposits 241,537.05 Dated 10/24/13 Checks # 30743 - 30774 21,704.02 Direct Deposits 226,573.75 Accounts Payable Dated 10/1/13 - 10/31/13 Checks # 138957 - 139242 IEFTs 1 d 19 _ 14A61,6556,370.9-7 TOTAL AMOUNT $ 2,164,990.15 FISCAL IMPACT: Total expenditures for all funds is $ 2,164,990.15 CERTIFICATION: The undersigned certifies that the attached demands have been released for payment and that funds are available for these demands. Jeri Rangel, Director of Administrative Services ATTACHMENT: October 2013 Eden Warrant Register in the amount of $ 1,656,378.97 ITEM: A-3 City of Atascadero DATE: 12-10-13 Disbursement Listing ATTACHMENT: 1 For the Month of October 2013 Check Check Number Date Vendor Description Amount 1419 10/01/2013 RABOBANK, N.A. Payroll Vendor Payment 47,373.85 1420 10/01/2013 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 12,185.56 1421 10/01/2013 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 1,028.69 1412 10/02/2013 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 38,795.61 1413 10/02/2013 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 56,886.43 1414 10/02/2013 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 460.80 1415 10/02/2013 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 752.82 1416 10/02/2013 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 502.13 1417 10/02/2013 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 1,543.11 1418 10/02/2013 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 720.78 1422 10/02/2013 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 261.57 1437 10/04/2013 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Accounts Payable Check 99,923.25 138957 10/04/2013 3T EQUIPMENT COMPANY, INC. Accounts Payable Check 2,028.75 138958 10/04/2013 A& R CONSTRUCTION Accounts Payable Check 12,272.00 138959 10/04/2013 AECOM TECHNICAL SERVICES, INC. Accounts Payable Check 67.50 138960 10/04/2013 ALLIANT INSURANCE SERVICES INC Accounts Payable Check 455.00 138961 10/04/2013 AMERICAN ASPHALT SOUTH, INC. Accounts Payable Check 237,253.00 138962 10/04/2013 AMERICAN MARBORG Accounts Payable Check 107.25 138963 10/04/2013 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 1,097.27 138965 10/04/2013 AT&T Accounts Payable Check 1,293.71 138966 10/04/2013 AT&T Accounts Payable Check 840.79 138968 10/04/2013 ATASCADERO MUTUAL WATER CO. Accounts Payable Check 24,342.30 138969 10/04/2013 ATASCADERO NEWS Accounts Payable Check 360.00 138970 10/04/2013 ATASCADERO TRAFFIC WAY STORAGE Accounts Payable Check 660.00 138971 10/04/2013 BANK OF NEW YORK MELLON Accounts Payable Check 1,750.00 138972 10/04/2013 BLUEPRINTER Accounts Payable Check 162.00 138973 10/04/2013 JUSTIN BRUSH Accounts Payable Check 27.20 138974 10/04/2013 SHIRLEY R. BRUTON Accounts Payable Check 353.70 138975 10/04/2013 BURKE,WILLIAMS, &SORENSON LLP Accounts Payable Check 19,251.13 138976 10/04/2013 BURTON'S FIRE, INC. Accounts Payable Check 26.94 138977 10/04/2013 BUTLER BUSINESS MACHINES Accounts Payable Check 662.20 138978 10/04/2013 CALPORTLAND COMPANY Accounts Payable Check 2,268.83 138979 10/04/2013 CAL-STATE AUTO&TRUCK GLASS Accounts Payable Check 295.00 138980 10/04/2013 KATHLEEN J. CINOWALT Accounts Payable Check 167.65 138981 10/04/2013 CO OF SAN LUIS OBISPO SART PRG Accounts Payable Check 1,000.00 ITEM: A-3 City of Atascadero DATE: 12-10-13 Disbursement Listing ATTACHMENT: 1 For the Month of October 2013 Check Check Number Date Vendor Description Amount 138982 10/04/2013 COAST LINE DISTRIBUTING Accounts Payable Check 679.45 138983 10/04/2013 COUNTY OF SAN LUIS OBISPO Accounts Payable Check 30,000.00 138984 10/04/2013 CRYSTAL SPRINGS WATER Accounts Payable Check 37.35 138985 10/04/2013 MATTHEW J. CURRY Accounts Payable Check 165.00 138986 10/04/2013 CWEA Accounts Payable Check 148.00 138987 10/04/2013 DARRYUS LOCK AND SAFE Accounts Payable Check 115.00 138988 10/04/2013 BRIAN S. DAVIN, JR. Accounts Payable Check 360.00 138989 10/04/2013 DANIELA. DAVIS Accounts Payable Check 392.00 138990 10/04/2013 DEPARTMENT OF FORESTRY& FIRE Accounts Payable Check 1,581.72 138991 10/04/2013 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 240.01 138992 10/04/2013 DISH Accounts Payable Check 97.00 138993 10/04/2013 DISTINCTIVE GLASSWARE Accounts Payable Check 491.01 138994 10/04/2013 DIVISION OF STATE ARCHITECT Accounts Payable Check 30.00 138995 10/04/2013 DOWNEY BRAND, LLP Accounts Payable Check 365.00 138996 10/04/2013 DRIVE CUSTOMS Accounts Payable Check 7,389.83 138997 10/04/2013 EARTH SYSTEMS PACIFIC Accounts Payable Check 3,343.00 138998 10/04/2013 EL CAMINO CAR WASH Accounts Payable Check 31.00 138999 10/04/2013 EL CAMINO VETERINARY HOSP Accounts Payable Check 128.29 139000 10/04/2013 ESCUELA DEL RIO Accounts Payable Check 60.00 139001 10/04/2013 EWING IRRIGATION GOLF INDUSTRL Accounts Payable Check 835.96 139002 10/04/2013 FASTENAL COMPANY Accounts Payable Check 192.88 139003 10/04/2013 FEDERAL EXPRESS Accounts Payable Check 29.67 139004 10/04/2013 FEMA LAW ASSOCIATES, PLLC Accounts Payable Check 3,160.00 139005 10/04/2013 FERRELL'S AUTO REPAIR Accounts Payable Check 448.50 139006 10/04/2013 FGL ENVIRONMENTAL Accounts Payable Check 987.00 139007 10/04/2013 FOOD FOR LESS Accounts Payable Check 265.00 139008 10/04/2013 KEN FORMAN Accounts Payable Check 10.00 139009 10/04/2013 WARREN FRACE Accounts Payable Check 300.00 139010 10/04/2013 GAS COMPANY Accounts Payable Check 242.73 139011 10/04/2013 GEM AUTO PARTS Accounts Payable Check 621.86 139012 10/04/2013 GIBSON'S ARCHAEOLOGICAL CONSUL Accounts Payable Check 1,620.00 139013 10/04/2013 GILBERT'S LANDSCAPES Accounts Payable Check 407.91 139014 10/04/2013 BRYAN GOLSTON Accounts Payable Check 42.00 139015 10/04/2013 BRADLEYA. HACKLEMAN Accounts Payable Check 932.40 139016 10/04/2013 HART IMPRESSIONS PRINT& COPY Accounts Payable Check 574.47 139017 10/04/2013 PAULA INGRAM Accounts Payable Check 76.50 139018 10/04/2013 CAROL D.JANSSEN Accounts Payable Check 568.50 ITEM: A-3 City of Atascadero DATE: 12-10-13 Disbursement Listing ATTACHMENT: 1 For the Month of October 2013 Check Check Number Date Vendor Description Amount 139019 10/04/2013 JK'S UNLIMITED Accounts Payable Check 4,159.54 139020 10/04/2013 K& M INTERNATIONAL Accounts Payable Check 1,298.66 139021 10/04/2013 CHRIS KINDIG Accounts Payable Check 117.00 139022 10/04/2013 BUTCH KINWORTHY Accounts Payable Check 16.00 139023 10/04/2013 KPRL 1230 AM Accounts Payable Check 160.00 139024 10/04/2013 KW CONSTRUCTION Accounts Payable Check 6,750.00 139025 10/04/2013 LEAGUE OF CALIFORNIA CITIES Accounts Payable Check 125.00 139026 10/04/2013 LEE WILSON ELECTRIC CO. INC Accounts Payable Check 1,772.73 139027 10/04/2013 LEHIGH HANSON Accounts Payable Check 1,604.89 139028 10/04/2013 LIFE ASSIST, INC. Accounts Payable Check 149.36 139029 10/04/2013 THOMAS LITTLE Accounts Payable Check 465.90 139030 10/04/2013 MADRONE LANDSCAPES, INC. Accounts Payable Check 3,171.61 139031 10/04/2013 VIRIDIANA MADUENA Accounts Payable Check 100.00 139032 10/04/2013 MENTAL MARKETING, INC. Accounts Payable Check 24,094.88 139033 10/04/2013 MID-COAST MOWER&SAW, INC. Accounts Payable Check 141.42 139034 10/04/2013 MID-STATE CONCRETE PRODUCTS Accounts Payable Check 3,972.13 139035 10/04/2013 MINER'S ACE HARDWARE Accounts Payable Check 212.08 139036 10/04/2013 MISSION UNIFORM SERVICE Accounts Payable Check 453.91 139037 10/04/2013 MJ BERTACCINI &ASSOCIATES Accounts Payable Check 2,450.00 139038 10/04/2013 REON C MONSON Accounts Payable Check 330.00 139039 10/04/2013 NATIONAL FIRE FIGHTER CORP. Accounts Payable Check 413.80 139040 10/04/2013 VOID Accounts Payable Check 0.00 139041 10/04/2013 ROBERT F. NEUMANN Accounts Payable Check 1,169.82 139042 10/04/2013 NORTH COAST ENGINEERING INC. Accounts Payable Check 3,495.25 139043 10/04/2013 NU-WAY LINEN RENTAL Accounts Payable Check 148.68 139044 10/04/2013 OFFICE DEPOT INC. Accounts Payable Check 609.12 139045 10/04/2013 ONTRAC Accounts Payable Check 26.75 139046 10/04/2013 O'REILLY AUTOMOTIVE, INC. Accounts Payable Check 28.81 139047 10/04/2013 TARA ORLICK Accounts Payable Check 22.60 139048 10/04/2013 PASO ROBLES FORD LINCOLN MERC Accounts Payable Check 13.72 139049 10/04/2013 PASO ROBLES SAFE& LOCK, INC. Accounts Payable Check 113.89 139050 10/04/2013 PERRY'S PARCEL&COURIER SVC Accounts Payable Check 29.58 139051 10/04/2013 PETERSON'S U-CART Accounts Payable Check 416.03 139052 10/04/2013 PROCARE JANITORIAL SUPPLY,INC. Accounts Payable Check 2,144.53 139053 10/04/2013 QUINN RENTAL SERVICES Accounts Payable Check 137.85 139054 10/04/2013 JOE A. RAMIREZ Accounts Payable Check 242.15 139055 10/04/2013 RANGE MASTER Accounts Payable Check 783.00 ITEM: A-3 City of Atascadero DATE: 12-10-13 Disbursement Listing ATTACHMENT: 1 For the Month of October 2013 Check Check Number Date Vendor Description Amount 139056 10/04/2013 JERI RANGEL Accounts Payable Check 300.00 139057 10/04/2013 RECOGNITION WORKS Accounts Payable Check 483.75 139058 10/04/2013 JOHN R. RICHARDSON Accounts Payable Check 180.00 139059 10/04/2013 RACHELLE RICKARD Accounts Payable Check 500.00 139060 10/04/2013 ROB DAVIS BACKHOE Accounts Payable Check 1,587.50 139061 10/04/2013 ROYAL RESORTWEAR, LLC Accounts Payable Check 722.01 139062 10/04/2013 S.W. MARTIN &ASSOCIATES Accounts Payable Check 3,200.00 139063 10/04/2013 SAN LUIS PERSONNEL INC. Accounts Payable Check 137.70 139064 10/04/2013 SAN LUIS POWERHOUSE, INC. Accounts Payable Check 2,477.61 139065 10/04/2013 SANTA LUCIA SPORTSMEN ASSC INC Accounts Payable Check 246.40 139066 10/04/2013 SCHNEIDER ELECTRIC USA, INC Accounts Payable Check 1,683.00 139067 10/04/2013 SCOTT T. MURRAY PLUMBING Accounts Payable Check 4,940.10 139068 10/04/2013 BONNIE SHEEHY Accounts Payable Check 75.00 139069 10/04/2013 SHORIN-RYU KARATE Accounts Payable Check 390.25 139070 10/04/2013 JOHN C. SIEMENS Accounts Payable Check 112.00 139071 10/04/2013 RYAN SMITH Accounts Payable Check 117.00 139072 10/04/2013 PATRICK L. STANHOPE Accounts Payable Check 21,002.70 139073 10/04/2013 STANLEY CONVERGENT SECURITY Accounts Payable Check 165.15 139074 10/04/2013 STATE WATER RES CONTROL BOARD Accounts Payable Check 12,131.00 139075 10/04/2013 SUNLIGHT JANITORIAL Accounts Payable Check 3,190.55 139076 10/04/2013 SUPERIOR CRANE&TRANSPORT Accounts Payable Check 264.00 139077 10/04/2013 RONALD R. TARICA Accounts Payable Check 210.00 139078 10/04/2013 BUSS THOMPSON Accounts Payable Check 300.00 139079 10/04/2013 ANTHONY J.TRAVERSO Accounts Payable Check 72.00 139080 10/04/2013 TRIBUNE Accounts Payable Check 215.28 139081 10/04/2013 TURNOUT MAINTENANCE CO., LLC Accounts Payable Check 246.00 139082 10/04/2013 TY, INC. Accounts Payable Check 180.54 139083 10/04/2013 ULTREX BUSINESS PRODUCTS Accounts Payable Check 172.00 139084 10/04/2013 UNITED RENTALS (NORTH AM), INC Accounts Payable Check 1,986.60 139085 10/04/2013 USA STAFFING, INC. Accounts Payable Check 3,950.11 139086 10/04/2013 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 3,285.41 139087 10/04/2013 VERIZON WIRELESS Accounts Payable Check 1,640.81 139088 10/04/2013 WALLACE GROUP Accounts Payable Check 5,456.68 139089 10/04/2013 NANCY E. WEBBER, PH.D. Accounts Payable Check 350.00 139090 10/04/2013 BRIAN WESTERMAN Accounts Payable Check 1,746.15 139091 10/04/2013 WESTERN JANITOR SUPPLY Accounts Payable Check 91.37 139092 10/04/2013 WHITLOCK&WEINBERGER TRANS. Accounts Payable Check 1,160.00 ITEM: A-3 City of Atascadero DATE: 12-10-13 Disbursement Listing ATTACHMENT: 1 For the Month of October 2013 Check Check Number Date Vendor Description Amount 139093 10/04/2013 WILDLIFE EDUCATION LTD Accounts Payable Check 144.59 139094 10/04/2013 KAREN B. WYKE Accounts Payable Check 340.80 1423 10/10/2013 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 38,264.41 1424 10/11/2013 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 56,710.13 1425 10/11/2013 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 532.07 1426 10/11/2013 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 400.29 1427 10/11/2013 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 752.82 1428 10/11/2013 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 502.13 1429 10/11/2013 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 1,543.11 1430 10/11/2013 CALIF PUBLIC EMPLOYEES RETIREMENT SYSTEP Payroll Vendor Payment 730.62 1434 10/11/2013 STATE DISBURSEMENT UNIT Payroll Vendor Payment 874.61 139095 10/11/2013 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 40.00 139096 10/11/2013 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 1,271.75 139097 10/11/2013 ATASCADERO PROF. FIREFIGHTERS Payroll Vendor Payment 720.00 139098 10/11/2013 FLEX-PLAN SERVICES INC. Payroll Vendor Payment 2,263.16 139099 10/11/2013 HARTFORD LIFE INSURANCE Payroll Vendor Payment 12,692.69 139100 10/11/2013 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 877.15 139101 10/11/2013 SEIU LOCAL 620 Payroll Vendor Payment 772.41 139102 10/11/2013 SLO COUNTY SHERIFF Payroll Vendor Payment 125.00 139103 10/11/2013 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 288.29 139104 10/11/2013 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 2,529.17 139105 10/14/2013 CHEVRON &TEXACO BUS. CARD Accounts Payable Check 1,088.13 139106 10/14/2013 SHELL Accounts Payable Check 1,749.29 139107 10/14/2013 WEX BANK-76 UNIVERSL Accounts Payable Check 16,404.15 1431 10/15/2013 RABOBANK, N.A. Payroll Vendor Payment 46,122.79 1432 10/15/2013 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 11,728.37 1433 10/15/2013 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 1,038.19 139108 10/21/2013 AGP VIDEO, INC. Accounts Payable Check 3,887.50 139109 10/21/2013 ALAMEDA ELECTRICAL DISTRIBUTOR Accounts Payable Check 9,713.70 139110 10/21/2013 ALLIANT INSURANCE SERVICES INC Accounts Payable Check 173.00 139111 10/21/2013 AMERICAN ASPHALT SOUTH, INC. Accounts Payable Check 68,533.88 139112 10/21/2013 AMERICAN WEST TIRE&AUTO INC Accounts Payable Check 4,953.37 139113 10/21/2013 ANTECH DIAGNOSTICS Accounts Payable Check 110.15 139114 10/21/2013 AT&T Accounts Payable Check 217.60 ITEM: A-3 City of Atascadero DATE: 12-10-13 Disbursement Listing ATTACHMENT: 1 For the Month of October 2013 Check Check Number Date Vendor Description Amount 139115 10/21/2013 AT&T Accounts Payable Check 31.82 139116 10/21/2013 ATASCADERO HAY& FEED Accounts Payable Check 1,220.33 139117 10/21/2013 AURORA WORLD, INC. Accounts Payable Check 471.25 139118 10/21/2013 BASSETT'S CRICKET RANCH,INC. Accounts Payable Check 284.36 139119 10/21/2013 BELL'S PLUMBING REPAIR, INC. Accounts Payable Check 145.00 139120 10/21/2013 BERNARDS Accounts Payable Check 50,379.98 139121 10/21/2013 BERRY MAN, INC. Accounts Payable Check 895.95 139122 10/21/2013 BRICK MARKERS USA Accounts Payable Check 50.00 139123 10/21/2013 C&H CYCLES Accounts Payable Check 1,965.83 139124 10/21/2013 CAASSC OF ZOOS AND AQUARIUMS Accounts Payable Check 650.00 139125 10/21/2013 CA CODE CHECK, INC. Accounts Payable Check 6,657.42 139126 10/21/2013 CA HIGHWAY PATROL Accounts Payable Check 300.00 139127 10/21/2013 JULIAN F. CANO Accounts Payable Check 800.00 139128 10/21/2013 CDW GOVERNMENT, INC. Accounts Payable Check 1,193.47 139129 10/21/2013 KAREN A. CLANIN Accounts Payable Check 465.50 139130 10/21/2013 COAST LINE DISTRIBUTING Accounts Payable Check 459.19 139131 10/21/2013 COASTAL COPY, LP Accounts Payable Check 237.52 139132 10/21/2013 COASTAL REPROGRAPHIC SERVICES Accounts Payable Check 436.45 139133 10/21/2013 CRYSTAL SPRINGS WATER Accounts Payable Check 76.70 139134 10/21/2013 MATTHEW J. CURRY Accounts Payable Check 165.00 139135 10/21/2013 DAN BIDDLE PEST CONTROL SERVIC Accounts Payable Check 135.00 139136 10/21/2013 THE DAVEY TREE EXPERT COMPANY Accounts Payable Check 380.00 139137 10/21/2013 BRIAN S. DAVIN, JR. Accounts Payable Check 360.00 139138 10/21/2013 DEPARTMENT OF TRANSPORTATION Accounts Payable Check 337.88 139139 10/21/2013 DIGITAL MARKETING ZONE Accounts Payable Check 123.63 139140 10/21/2013 DRIVE CUSTOMS Accounts Payable Check 378.23 139141 10/21/2013 EIKHOF DESIGN GROUP, INC. Accounts Payable Check 525.00 139142 10/21/2013 ELECTRONIC GATE SYSTEMS, INC. Accounts Payable Check 320.06 139143 10/21/2013 ESCUELA DEL RIO Accounts Payable Check 80.00 139144 10/21/2013 EWING IRRIGATION GOLF INDUSTRL Accounts Payable Check 44.51 139145 10/21/2013 FEDERAL EXPRESS Accounts Payable Check 6.44 139146 10/21/2013 FENCE FACTORY ATASCADERO Accounts Payable Check 193.00 139147 10/21/2013 FERGUSON ENTERPRISES, INC. Accounts Payable Check 381.86 139148 10/21/2013 FERRELL'SAUTO REPAIR Accounts Payable Check 416.50 139149 10/21/2013 FGL ENVIRONMENTAL Accounts Payable Check 144.00 139150 10/21/2013 FIRST TRANSIT, INC. Accounts Payable Check 36,267.92 139151 10/21/2013 FLYMEAT.COM Accounts Payable Check 76.40 ITEM: A-3 City of Atascadero DATE: 12-10-13 Disbursement Listing ATTACHMENT: 1 For the Month of October 2013 Check Check Number Date Vendor Description Amount 139152 10/21/2013 FURNITURE INSTALLATION TEAM Accounts Payable Check 4,436.00 139153 10/21/2013 GAS COMPANY Accounts Payable Check 47.09 139154 10/21/2013 GEM AUTO PARTS Accounts Payable Check 198.96 139155 10/21/2013 GIBSON'S ARCHAEOLOGICAL CONSUL Accounts Payable Check 3,960.00 139156 10/21/2013 GOLDING CONCRETE SAWING Accounts Payable Check 216.00 139157 10/21/2013 GSA- INFORMATION TECHNOLOGY Accounts Payable Check 513.26 139158 10/21/2013 HALLETT COATINGS, INC. Accounts Payable Check 8,500.00 139159 10/21/2013 HART IMPRESSIONS PRINT& COPY Accounts Payable Check 839.08 139160 10/21/2013 HOT FOCUS, INC. Accounts Payable Check 124.30 139161 10/21/2013 EVELYN R. INGRAM Accounts Payable Check 675.98 139162 10/21/2013 INHOUSE SECURITY SERVICE, LLC Accounts Payable Check 1,509.38 139163 10/21/2013 J. CARROLL CORPORATION Accounts Payable Check 1,127.75 139164 10/21/2013 JK'S UNLIMITED Accounts Payable Check 1,271.49 139165 10/21/2013 LANTERN PRESS Accounts Payable Check 314.87 139166 10/21/2013 LISA WISE CONSULTING, INC. Accounts Payable Check 1,512.00 139167 10/21/2013 MADRONE LANDSCAPES, INC. Accounts Payable Check 443.83 139168 10/21/2013 MEDWORKS MEDICAL CENTER Accounts Payable Check 200.00 139169 10/21/2013 MEYER TREE CONSULTING Accounts Payable Check 150.00 139170 10/21/2013 MICHAEL BRANDMAN ASSOCIATES Accounts Payable Check 52,665.00 139171 10/21/2013 MICHAEL K. NUNLEY&ASSC, INC. Accounts Payable Check 5,550.30 139172 10/21/2013 MID-COAST MOWER&SAW, INC. Accounts Payable Check 32.25 139173 10/21/2013 MID-STATE CONCRETE PRODUCTS Accounts Payable Check 2,993.88 139174 10/21/2013 MID-STATE SOLID WASTE & RECYCG Accounts Payable Check 327.58 139175 10/21/2013 MINER'S ACE HARDWARE Accounts Payable Check 513.22 139177 10/21/2013 MISSION UNIFORM SERVICE Accounts Payable Check 879.45 139178 10/21/2013 MJ BERTACCINI &ASSOCIATES Accounts Payable Check 3,132.50 139179 10/21/2013 LORI MLYNCZAK Accounts Payable Check 20.00 139180 10/21/2013 MORRISON & FOERSTER,LLP Accounts Payable Check 23,305.00 139181 10/21/2013 MPI Accounts Payable Check 84.13 139182 10/21/2013 NORTH COAST ENGINEERING INC. Accounts Payable Check 4,159.40 139183 10/21/2013 OFFICE DEPOT INC. Accounts Payable Check 1,576.05 139184 10/21/2013 ONTRAC Accounts Payable Check 17.11 139185 10/21/2013 PACIFIC COAST GYMNASTICS CENTE Accounts Payable Check 70.88 139188 10/21/2013 PACIFIC GAS AND ELECTRIC Accounts Payable Check 52,395.24 139189 10/21/2013 PASO ROBLES SAFE& LOCK, INC. Accounts Payable Check 1,033.82 139190 10/21/2013 PROCARE JANITORIAL SUPPLY,INC. Accounts Payable Check 1,475.96 139191 10/21/2013 REID PARK ZOO Accounts Payable Check 93.52 ITEM: A-3 City of Atascadero DATE: 12-10-13 Disbursement Listing ATTACHMENT: 1 For the Month of October 2013 Check Check Number Date Vendor Description Amount 139192 10/21/2013 JOHN R. RICHARDSON Accounts Payable Check 144.00 139193 10/21/2013 MARK J. RUSSO Accounts Payable Check 145.00 139194 10/21/2013 SAFETY DRIVERS ED., LLC. Accounts Payable Check 68.60 139195 10/21/2013 SAN LUIS PERSONNEL INC. Accounts Payable Check 146.88 139196 10/21/2013 SCHIMM'S TREE SERVICE, INC. Accounts Payable Check 475.00 139197 10/21/2013 SERVICE SYSTEMS ASSC, INC. Accounts Payable Check 4,000.00 139198 10/21/2013 SIGNS OF SUCCESS, INC. Accounts Payable Check 8,838.58 139199 10/21/2013 STANLEY CONVERGENT SECURITY Accounts Payable Check 6,427.58 139200 10/21/2013 STAPLES CREDIT PLAN Accounts Payable Check 1,298.22 139201 10/21/2013 SUNLIGHT JANITORIAL Accounts Payable Check 150.00 139202 10/21/2013 TESCO CONTROLS, INC. Accounts Payable Check 35,078.75 139203 10/21/2013 MARCIATORGERSON Accounts Payable Check 333.75 139204 10/21/2013 TOYSMITH Accounts Payable Check 225.58 139205 10/21/2013 ANTHONY J.TRAVERSO Accounts Payable Check 72.00 139206 10/21/2013 TY, INC. Accounts Payable Check 140.64 139207 10/21/2013 ULTREX BUSINESS PRODUCTS Accounts Payable Check 632.77 139208 10/21/2013 UNITED RENTALS (NORTH AM), INC Accounts Payable Check 623.95 139209 10/21/2013 USA STAFFING, INC. Accounts Payable Check 1,737.45 139210 10/21/2013 VALLEY PACIFIC PETROLEUM SVCS Accounts Payable Check 2,961.12 139211 10/21/2013 VERIZON WIRELESS Accounts Payable Check 42.58 139212 10/21/2013 WALLACE GROUP Accounts Payable Check 9,271.24 139213 10/21/2013 WEST COAST AUTO&TOWING, INC. Accounts Payable Check 640.97 139214 10/21/2013 WESTERN JANITOR SUPPLY Accounts Payable Check 32.90 139215 10/21/2013 WONDRIES FLEET GROUP Accounts Payable Check 28,773.93 139216 10/21/2013 WORKIN.COM, INC. Accounts Payable Check 700.00 139217 10/21/2013 ZEE MEDICAL SERVICES CO. Accounts Payable Check 129.97 139218 10/21/2013 ZOO MED LABORATORIES, INC. Accounts Payable Check 416.43 139219 10/23/2013 ALLSTATE WORKPLACE DIVISION Payroll Vendor Payment 2,851.57 139220 10/23/2013 BLUE SHIELD OF CALIFORNIA Payroll Vendor Payment 105,222.65 139221 10/23/2013 LINCOLN NATIONAL LIFE INS CO Payroll Vendor Payment 834.21 139222 10/23/2013 MEDICAL EYE SERVICES Payroll Vendor Payment 1,573.45 139223 10/23/2013 PREFERRED BENEFITS INSURANCE Payroll Vendor Payment 9,294.47 1443 10/24/2013 STATE DISBURSEMENT UNIT Payroll Vendor Payment 874.61 139224 10/24/2013 SECRETARY OF STATE Accounts Payable Check 40.00 139225 10/24/2013 STATE OF CALIFORNIA Accounts Payable Check 840.25 139230 10/24/2013 U.S. BANK Accounts Payable Check 23,880.46 ITEM: A-3 City of Atascadero DATE: 12-10-13 Disbursement Listing ATTACHMENT: 1 For the Month of October 2013 Check Check Number Date Vendor Description Amount 139231 10/25/2013 ATASCADERO MID MGRS ORG UNION Payroll Vendor Payment 40.00 139232 10/25/2013 ATASCADERO POLICE OFFICERS Payroll Vendor Payment 1,314.00 139233 10/25/2013 ATASCADERO PROF. FIREFIGHTERS Payroll Vendor Payment 720.00 139234 10/25/2013 FLEX-PLAN SERVICES INC. Payroll Vendor Payment 2,223.16 139235 10/25/2013 FLEX-PLAN SERVICES INC. Payroll Vendor Payment 155.00 139236 10/25/2013 HARTFORD LIFE INSURANCE Payroll Vendor Payment 11,142.69 139237 10/25/2013 ICMA-RC Payroll Vendor Payment 125.00 139238 10/25/2013 NATIONWIDE RETIREMENT SOLUTION Payroll Vendor Payment 826.76 139239 10/25/2013 SEIU LOCAL 620 Payroll Vendor Payment 757.59 139240 10/25/2013 VANTAGEPOINT TRNSFR AGT 106099 Payroll Vendor Payment 288.29 139241 10/25/2013 VANTAGEPOINT TRNSFR AGT 304633 Payroll Vendor Payment 2,529.17 1444 10/29/2013 RABOBANK, N.A. Payroll Vendor Payment 42,558.57 1445 10/29/2013 EMPLOYMENT DEV DEPARTMENT Payroll Vendor Payment 10,451.88 1446 10/29/2013 EMPLOYMENT DEV. DEPARTMENT Payroll Vendor Payment 966.28 139242 10/29/2013 CENTRAL COAST REGIONAL Accounts Payable Check 1,389.00 $ 1,656,378.97 ITEM NUMBER: A-4 DATE: 12-10-13 r n Fr—F� f� 1918'I r-'!' `i 1578 cAn� , Atascadero City Council Staff Report — Police Department 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-4 DATE: 12-10-13 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-4 DATE: 12-1013 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-4 DATE: 12-1013 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-4 DATE: 12-1013 ATTACHMENT: 1 ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney ITEM NUMBER: A-5 DATE: 12-10-13 s/ rn r r�� � y f918 1 r 11879 Atascadero City Council Staff Report — Police Department 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-5 DATE: 12-10-13 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-5 DATE: 12-10-13 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-5 DATE: 12-10-13 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-5 DATE: 12-10-13 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-5 DATE: 12-10-13 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 ITEM NUMBER: A-6 1DATE: 12-10-13 i9is � ieye Atascadero City Council Staff Report — Public Works Department Purchase of a Large Area Mower RECOMMENDATION: Council award the purchase of a large area mower to Turf Star in the amount of $55,000.00. DISCUSSION: The City's existing large area mower is at the end of its useful life and parts are no longer available for needed repairs. Funding for the purchase of a large area mower is included in the 2013/2014 budget. Staff is proposing to purchase a large area mower through the California Multiple Award Schedules (CMAS) for use at the City parks and turf areas. CMAS offers a wide variety of equipment, materials and services at prices which have been assessed to be fair, reasonable and competitive. This type of purchase through a State purchasing contract is specifically allowed by the City's Purchasing Policy in lieu of the formal bidding process. Considerable staff time is saved by eliminating the need to prepare specifications, advertise bids and evaluate results. Based upon previous purchases, the cost offered by the State is very competitive. FISCAL IMPACT: This action will result in the expenditure of $55,000 in budgeted Public Works operations funds. ALTERNATIVE: Council may not approve the purchase of the large area mower. ATTACHMENT: Large Mower Quote from Turf Star ITEM NUMBER: A-6 DATE: 12-10-13 ATTACHMENT: 1 Attachment 1 Mower Quote QUOTE (800)585-9001 , ' QUOTE NO. CUSTOMER NO. PAGE STAR www.rurfsrar.coin 3267111-05 929 2 1 IN DATE: 10/16/13 TO: Cyy Of Atascadero 6907 El Camino Real Atascadero, CA 93422 ATTENTION_ TOM Jamason Referring to your request for prices and delivery,we are pleased to quote as follows: QTY_ MODEL NO. IDESCRIPTION IYOURCOSTI EXTENDED The following prices are based on 2013 pricing and subject to availability. We anticipate a 3.5X price increase for 2014 pricing beginning with shipments after 11/01/13- 1 30449 GN4100-0 Diesel 58HP 51162.79 51162.79 Sub-Total 51162.79 Sales Tax 3837.21 Total 55000.00 TERMS:Net 30 Days F.O.B.: OESTINATION DELIVERY:30 Days A.R.O. 1686535 Last Page Quote is firm for 30 days.Brochures enclosed.Please contact us for further information.Your representative is Jon Paul Brinkman —THANK YOU'*—' 74-253 CUNy CLb DMe %E E-80ee1 5666 W.EatIM Ave,SW 104 :.38 Rs]e.C.A 11373 Surr GOW CI a :110 Ln Wm Cr.,SR,100 8mn Guns,CAS-1233 Erect,CA 931:• F-CA 93722 He,nnrc,CA 9.565 Rwtl Ca mCA 957,42 'hW.CA92391 FmR760134S-4-197 Fw90:i775-9'73 FsK559�V7-7123 F, 517'.795-357E FW933i2.1-1997 Fwe-,60i734-4295 ITEM NUMBER: A-7 DATE: 12-10-13 "Im T mh� I {isia � iaie Atascadero City Council Staff Report — Public Works Department Pump Repair Services RECOMMENDATION: Council authorize the City Manager to execute contracts for on-call pump repair services with the following providers as needed: a. Perry's Electric Motor's & Controls b. PC Mechanical Inc. DISCUSSION: The City routinely uses the services of pump repair vendors for emergency and non- emergency pump repair. These pumps are located at the Wastewater Treatment Plant and thirteen sewage lift stations throughout the City. Some repairs and rehabilitation are planned, however often times the vendors must be available on an emergency basis. The vendors typically perform motor and pump repair, bearing and bushing replacement or repair, machining bearing housings and pump shafts, and specialized welding as needed. Pump repair services are also periodically required for other City- owned motors and related equipment. The proposed pre-approved "General Pump Repair Services Firm List" will eliminate the need to prepare a request for proposal and formal bid process for pump repair services each time a pump requires service. This will allow staff to contact either or both firms, see which can respond quickest and execute a purchase order. This will facilitate a speedy turnaround time for sewage wastewater and lift station pumps, and thereby minimize the opportunity for Sewer System Overflows (SSO's). On October 10, 2013, staff solicited proposals from qualified pump repair vendors for the purpose of establishing a list to provide Pump Repair Services for the Public Works Department on an as needed basis. ITEM NUMBER: A-7 DATE: 12-10-13 Proposals were received from two vendors. The proposals were reviewed for qualifications, previous experience, references, and cost. Both vendors were found to be qualified and staff is recommending that they be placed on the "General Pump Repair Services Qualified Firm List." Staff has a long history of contracting out pump repair services, and costs are stable and predictable. Often times delaying repairs to "bid out" services exposes the City to potential sewer overflows and therefore remediation costs for clean-up. Staff will ensure that repair costs remain consistent with past service contracts. FISCAL IMPACT: None. Each budget includes funding of pump repair services, and repairs are billed directly to equipment repair accounts. No increased costs are anticipated due to utilizing the pre-approved vendor list. ATTACHMENTS: Attachment "A" — Pump Repair Services Qualified Firm List ITEM NUMBER: A-7 DATE: 12-10-13 ATTACHMNENT: A CITY OF ATASCADERO PUMP REPAIR SERVICES - QUALIFIED FIRMS LIST NOVEMBER 2013 Perry's Electric Motor's & Controls 414 S Western Ave Santa Maria, CA 93458 P: 805-925-8761 PC Mechanical Inc. 2803 Industrial Parkway Santa Maria, CA 93455 P: 805-925-2888 ITEM NUMBER: A-8 DATE: 12-10-13 n f �u 1018 1979'' ; Atascadero City Council Staff Report — Public Works Department Water Reclamation Facility Headworks Project Engineering Services Budget Allocation RECOMMENDATION: Council: Approve a change order to AECOM Inc. in the amount of $20,000 for additional engineering services for the Water Reclamation Facility Barscreen / Headworks Project. DISCUSSION: Background: The City entered into an agreement with AECOM Inc. for design services for the Headworks Project in the amount of $99,000.00. The agreement included limited construction phase services. During the project design a design change order (CO#1) was issued in the amount of $5,509.00 for the consultant's review and approval of the barscreen manufacturer's equipment details, and technical assistance during the bid phase. This additional work was incurred to assist the City in bidding the equipment purchase and site work separately to eliminate a sizable contractor mark-up on the barscreen unit. AECOM then completed the final plans and specifications, and the project was bid. On February 26, 2013, Council awarded a contract to Whitaker Construction Group Inc. for the construction of the project. Once the project was bid and initial site potholing was completed staff, AECOM spent a considerable amount of time dealing with an undocumented location of the main electrical service to the aeration lagoon. The issue required numerous meetings, clarifications, and input from the design team in an effort to avoid a significant change order. Change Order #2 in the amount of $14,180.00 was issued to AECOM Inc. for these additional services. This work was performed prior to issuing a notice to proceed to the contractor. This additional work early on was key to making modifications to the project and eliminating most of the contractor's additional work claim. Today, with the project 95% complete, construction change orders to date are at approximately 4%-5%. ITEM NUMBER: A-8 DATE: 12-10-13 Pursuant to the City Purchasing Policy "The City Manager is authorized to issue change orders for changes or additions to the original scope of work that result in less than a 20% aggregate change in contract price. Change orders in excess of 20% shall be brought to the City Council for approval." Current executed change orders for the AECOM engineering services are equal to 20% of AECOM's original contract amount of $99,000.00, thus any additional change orders must be approved by Council. Additional engineering work is required to complete the Project, so staff is requesting approval of a change order in the amount of $20,000 to complete the engineering services for the Project. No additional funds or budget adjustments are required for this change order as the overall Project construction has been successful and the Project is expected to come in under budget overall. Analysis: The project construction has required field support from AECOM Inc. over and above that originally estimated. The additional work has assisted the City in resolving several design questions, minor field revisions, and resolving the unforeseen electrical service location issue at the site keeping construction change orders to a minimum. As a result, additional construction engineering support services are required. Conclusion: The services provided by AECOM Inc. have been valuable in assisting City staff resolve several issues that had the potential to delay construction and result in change orders well in excess of the requested additional engineering services. With the addition of the proposed change order, the Project is still expected to come under budget. FISCAL IMPACT: Approval of the requested change order to AECOM Inc. in the amount of $20,000 for additional engineering services will come from currently budgeted Wastewater Barscreen / Headworks Project funds. ATTACHMENTS: None ITEM NUMBER: A-9 DATE: 12-10-13 -P1I R 11 pill 19Y8 E779 \�scAnERo Atascadero City Council Staff Report — Public Works Department Dove Creek Tract Improvements - Tract 2626 Release of Maintenance Bond RECOMMENDATION: Council accept the Dove Creek / Tract 2626 Improvements as complete and direct staff to release the Maintenance Bond. DISCUSSION: Background: The City Council approved the Dove Creek Tract 2626 Subdivision Final Map in 2005. Centex Homes subsequently developed subdivision improvement plans for the construction of the tract improvements. The Subdivision Improvements Plans were issued on August 8, 2005, and construction started soon thereafter. The improvements consist of roads, curbs, gutters, storm drains, sewers, flood plain modification and bridges. Centex constructed and finalized the improvements prior to the 2007 economic downturn. Centex filed a maintenance bond, which the City has retained. Maintenance bonds are retained for typically one year to ensure any improvements are repaired if found to be defective. The 2008 economic downturn affected Centex the same as most builders, and the project was subsequently sold to Corona Dove Creek LLC (Corona Dove Creek) in March 2008. The site subsequently moved slowly towards completion, and Corona Dove Creek subsequently called the City out to inspect the improvements for warranty repairs. Public Works provided a list of repairs that consisted of resetting pavers, repairing curbs and sidewalks and various other minor fixes. Corona Dove Creek recently completed the maintenance item punch list and has gained acceptance by the City Public Works Inspector and City Engineer. Therefore, staff is recommending that the Council accept the onsite improvements, excluding the landscaping, as complete. Staff will return to Council for landscaping and overall tract completion acceptance once the landscaping is completed. Staff will release the existing maintenance bond back to the developer since the maintenance period has expired and the maintenance punch list items are complete. ITEM NUMBER: A-9 DATE: 12-10-13 Analysis: The subdivision improvements, excluding the landscaping, and warranty repairs have been completed to the City Engineer's satisfaction. Therefore, the improvements can be accepted as complete. This acceptance is in conformance with Municipal Code Section 11-8.21, but does not convey full acceptance of all tract improvements. Once the full improvements are accepted by Council and Corona Dove Creek transfers the open space and roads via Grant Deed to the HOA, repair and maintenance will be the responsibility of the HOA. Upon acceptance by Council, staff will release the maintenance bond for the project, excluding the bonds for landscaping. ALTERNATIVES: The City Council may decide not accept the improvements as complete if they determine the construction is unsatisfactory. Staff does not recommend this action as the owner has completed Staff's requested punch list corrections and construction is complete. FISCAL IMPACT: None. ATTACHMENT: None. ITEM NUMBER: B-1 DATE: 12-10-13 �a ��1918'I i879 y Y�^ 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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) 4 2.1111 No parking area, Santa Vsabel Avenue. no par4ing areas: (4) The noiztheaster-ly side of Santa Ysabel Avenue, Gatifity Read No. 4092, ffeffl a- said ((���� i�6 v=cster-ly of the eent�iiic of Pu lcvlo Aven County`aunty i?oa No 43- 7 i�1 The setithwester-ly side of Santa Ysabel Avenue, County Road No. 4092 ffem a- said southwester-ly side, that is one hundf ed eighteen (119) feet Arthl--ster-ly of the eenter-lifie of Pueblo Avenue, County Road No. 4 3 07, to -a said southwester-ly side, that is two hundred sixteen (216) feet nvrmve cci�crrifievrrucvr0-A=v'-ciiae, Gotifity Read N0. 4 3vT (county Code § 15.6" 4 2.1112 No parking af!ea! Ohneda Avenue. The following loeation under-the e�Eelttsive jur-isdietion of the eatinty is designated as a no paFking area-. ITEM NUMBER: B-1 DATE: 12-10-13 ATTACHMENT: 1 Along the southerly side of 01ineda 01meda Avenue, County Road No. 4114, begin i — at its inter-seetion with Rosario Avefme, thenee easterly to its inter-seetion with T-r-affie Way, a distanee of 0.12 mile (Get,, y rode § i c 69 2nm Chapter 6 SIDEWALK AND STREET EDGE MAINTENANCE AND IMPROVEMENT 4-6.05 Notice to repair. (a) Notice to Repair. When any portion of a sidewalkstreet 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 Superinte de Str-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"e-i fife doff*Of Stfe 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 Stree• SuperintendentPublic Works Department. If the repair is not commenced and prosecuted to completion with due diligence, as required by the notice,the Supe-:fi.ofidor+of St-eetsPublic 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.:t#ondep Public Works Department may repair any other portion of the sidewalk fronting on the property that is designated by the owner. The Supe••i�Public Works Director shall have the power to prescribe the form of the ITEM NUMBER: B-1 DATE: 12-10-13 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 Supe fii4end&4 of C*ree*sCity 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 Superintendent of St-e 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 representativeSupetintendent-of Streets,together with any objections or protests which maybe 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 SupeFif4ead&4 of StFeet&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-intea ent City Engineer or their duly ITEM NUMBER: B-1 DATE: 12-10-13 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 du1X authorized representativeS"er-intendepA of Streets,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: B-1 DATE: 12-10-13 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 (28182013). (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 (292013)Edition of the California Fire Code and the 2-089-2012 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 1,Division 11, 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." follows:(d) Add Chapter-1, Division 11, Seetion 05.1.4 to read as 105.5.1Tri onstr-uEtion permit eonsolid rtion. Genst,-.,etio, e .,;rte required undef Appendix Seetion 105.7 may be ineluded with a eanstfuetion pemiit issued by the building effieial under- Chapter- 1 of the Galifefaia Building Gode. Ali appheable by the building 44eia47 (ed) Amend Chapter 1,Division 11, Section 108.1 to read as follows: 108.1 Board of appeals established. In order to hear and decide appeals of orders, decisions or determinations made by the fire code official relative to the application and interpretations of this code, there shall be and is hereby created a board of appeals. The board of appeals shall be the City Council. The fire code official shall be an ex officio member and shall act as secretary to said board but shall have no vote upon any matter before the board. The board shall adopt rules of procedure for conducting its business. (Re) 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 ITEM NUMBER: B-1 DATE: 12-10-13 ATTACHMENT: 1 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: I. 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. (}i) Amend Section 609.2 and add Seel ,.r 609.2.' to road as f"o«A'' 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. (ki) 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. ITEM NUMBER: B-1 DATE: 12-10-13 ATTACHMENT: 1 (lk) 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 mZ) 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 m), or a second story or greater is added. o;- the ocettpaney is ehanged to a h rae 3. Throughout an existing Group R, Division 3 occupancy or Group U occupancy when accessory to a Group R, Division 3 occupancy whenever additions exceed ten (10) percent of the total floor area of the existing building and the total combined floor area will exceed 5,000 square feet(185.8 mz). Exceptions: 1. Group R, Division 3 occupancies where the total combined floor area will not exceed 3,000 square feet(278.7 m). 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 mZ), provided a second story or greater is not added. , and/or- the not ehanged to hazar-dous use--. 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 Spfinklef 14azafd Ga d as follows: 903.2.2.Fir-e Sprinkler- 14aZaFd Categories. 14azar-d eategor-ies in regard to fire spr-inklef stem r hall be : aeeofdanee with Table 903.2.1 Table 903.2.1 ITEM NUMBER: B-1 DATE: 12-10-13 ATTACHMENT: 1 Categories z Occupancy Classifications ' tet 14 A 1: 1 D 1 D 7 D 3 1 D T F 1: 7-, D 3-,-E z-rc- 4 u r4 c�U n � 1. The fire area exceeds 5000 sq. ft. (464m2j 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). 5) A—,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. ITEM NUMBER: B-1 DATE: 12-10-13 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. (om) Amend Section 904.11.6.4 to fead as follows: 904.11.E-44_3Extinguishing system service. Automatic fire-extinguishing systems shall be serviced in accordance with the manufacturer's specifications and the California State Fire Marshal's Standards at least every 6 months and after activation of the system. Service shall be by licensed and qualified individuals, and a certificate of inspection shall be forwarded to the fire code official as set forth in Section 609.2.1. (pm) Add Sections 907.20.5.1 8_1 through 907. 38_3 to read as follows: 907.9-.548_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. 28_2 False alarm frequency. The cost recovery fee will be charged for all responses after the second false alarm in a calendar year. 907. 38_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. (qn) Add Section 1411.31011.9 to read as follows: 1^ 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. ITEM NUMBER: B-1 DATE: 12-10-13 ATTACHMENT: 1 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 add subsection 4 through 5: 1415.1 Where required. Struetures undef construction, alteration or- demolition shall be pfovided with not less than one appfoved poi4able fire e*fingttishef in aeeor-da-aee A,i Seel o 906 and sized for-not loss than or-dinafy hazard as follows: i. An eaeh s all floor levels where eombustible materials ha-ve 3. Additional poftable fife extinguishers shall be provided where speeial hazards exist, ieludin but notlHmited to,, the storage—mid—use—of flanmnable and— 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 2A1 OBC. (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. ITEM NUMBER: B-1 DATE: 12-10-13 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 State of California or as declared by the City Council. (g4) Amend Section 308.1 to read as follows: 308.1.6.3 Sky lanterns. No person shall release or cause to be released an untethered sky lantern. (h) Add new definition as follows to section 202: SKY LANTERN. An unmanned device with a fuel source that incorporates an open flame in order to make the device airborne. (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: B-1 DATE: 12-10-13 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 By: Tom O'Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian Pierik, City Attorney ITEM NUMBER: B-1 DATE: 12-10-13 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, ITEM NUMBER: B-1 DATE: 12-10-13 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 ITEM NUMBER: B-1 DATE: 12-10-13 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 ITEM NUMBER: B-1 DATE: 12-10-13 ATTACHMENT: 2 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 K1(A) of the 2013 California Plumbing Code; and, ITEM NUMBER: B-1 DATE: 12-10-13 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. Seven Ten (10) documents, three (3) each of which are on file in City offices, identified by the Seal of the City of Atascadero, marked and designated as: 1. 2010 2013 Edition of the California Building Code (Volumes I 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. 20 2013 Edition of the California Historical Building Code 9. 2010 2013 Edition of the California Existing Building Code 10. 2009-2012 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: B-1 DATE: 12-10-13 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 fly, he 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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 30, 20 10 December 31, X 2014. Any building permit application or subsequent building permit regulated by this program that does not meet all timeframes indicated in this section will be cancelled and become null and void, and any subsequent work will require a new permit application, new plans, and new plan check and permit fees. 4. Dormant building permit application one-time-only blanket extension with projects using City Approved Stock Plans. For projects meeting the requirements of the City's Dormant Permit Program, and whose stock plans have been updated to the 2010 California Building Code and 2010 California Residential Code AND has for construction permit applications on file must secure said permits by the end of the calendar year 2014 or current code stock plan update is required. (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: B-1 DATE: 12-10-13 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. (fl 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 following investigative fee: 1. First offense: $100.00 investigative fee. 2. Second offense: $250.00 investigative fee. 3. Third offense: An investigative fee equal to the amount of the required permit fee, with a minimum of$500.00. The payment of such investigative fee shall not exempt any person from compliance with all other provisions of this code nor from any Penalty Prescribed by law. (ge) Amend Appendix Section 113 to read as follows: BUILDING CODE APPEALS HEARING OFFICER 113. General. In order to determine the suitability of alternate materials and methods of construction and to provide for reasonable interpretations of this Code, there shall be and is hereby created a Building Code Appeals Hearing Officer. The Building Code Appeals Hearing Officer shall be appointed consistent with Section 12-2.08(a) of the Atascadero Municipal Codeby the Dif-eete of Community Development. 113.2. Limitations on authority. An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted hereunder have been incorrectly, i�rpreted, 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: B-1 DATE: 12-10-13 ATTACHMENT: 2 113.2 Limitations o ..+1,orit. An ., plieatio for yel shall be based on a elaim that the tme intent of this eode or-the fules legally adopted her-etifider-have been ineoffeetly itaer-preted, the p--ons of this eode do not fully apply or-an 11 @"ally good orvettef:ofm vrEonstfuetion is proposed The board shrmllhave no authority to waive requirements of this eade. For-appeals ielating to aeeommodations for the disabled, the authority of the boafd shall inelude the ability autherize reasonable alter-natives to disabled aee -nts imposed by the Galif f. i Building Standards Godo (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: B-1 DATE: 12-10-13 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 2OW2012 edition of the International Property Maintenance Code, as adopted. A vacant structure that is not secured against entry shall be deemed unsafe. Gh) 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. k( i) 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: B-1 DATE: 12-10-13 ATTACHMENT: 2 (a) Delete Appendix A, B, C, D, F, G, H, K, L and M. Adopt Appendix 1J. (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: 1. Detached trellises, patio covers, gazebos and similar structures, 450 sq ft or less, with open trellis roof or Class A roofing, when open on all sides and located at least 10 feet from adjacent buildings. 2. Accessory structures not exceeding 120 square feet in floor area and exempt from a building permit per Section 105.2, as amended. 3. Agricultural buildings where located at least 50 feet from buildings containing habitable spaces on the same lot and 50 feet from an adjacent property line. 4. Additions or modifications to existing buildings whose first application for construction permit was submitted prior to October 5, 2004. (e Amend 704A.1 as follows: 704A.1 General. The materials prescribed herein for ignition resistance shall conform to the requirements of this chapter. Wood shake or wood shingle roofing products shall not be installed on any exterior part of any building. ITEM NUMBER: B-1 DATE: 12-10-13 ATTACHMENT: 2 (fg) Delete Sections 903.2 through 903.2. 19. Add new Sections 903.2 arab thr-ough 903,248-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). it 1. Thfettghout all new buildings. Exeeptions- 1. Buildings containing Groups B and N4 oceupaneies where floor area fis not more thaw5 00 squafe feet (4 6.4 5 m2) and loeated not less than 10 feet F.,m .,.1:aee t buildings o the saine pet4 >and not loss than G 7 Btiil 1:,, Gr-o" 7 T oeettpaneies .here floo,-afea is loss -0square2) and loeated not loss than 10 feet f ofin. .,.1;. Bent 1.,,:1difi s o the same pr-ope fty and not loss than C foot F.,.ti, .,.1:aee t property lines gloss paft of a mixed ocetipaney building oceupaney 0t a U oeeupaney when aeeessofyto , Division 3 oee"aney whenever- additions exeeed ten (10) per-eent of the total floor-afe of the existing building and the total eoffibified flooF afea will exeeed 2,000 squafe feet (195.8 > added, or-the additions exeeed ten (10) per-eent of the total floof area of the building and the total eombined 1400t:area will exeeed 5,000 squar-e fee 11� -2T Exeeptions e rGr-9up R, Division where the total e-6rrrbifie floof area will not exeeed 3,000 squafe feet (279 additions will not o oa 1,000 s e feet (92 9 m2) beyond of the total mbine,l l,,oro will not exeeed 5,000 squaft ITEM NUMBER: B-1 DATE: 12-10-13 ATTACHMENT: 2 4. When oeeepaney e largo ; s fire risk ,,,-haz r a (h) Add seetion 903.2.1 Fire SprinkJer Hazard Categories to Fead as follows: 903.2.1.Fir-e Sprinkler Hazard Categories. 14azar-d eategor-ies in regard to fire spr-ipj system requir-ements-sh-call e in aceor-d nee Seetion4 7.103, riodifi^cc^ctionsto Fire Code eontained in Title 4, Chapter- 7 of the N4- 'Ap4m�e. with Table °nom Table 903.2.4 Fire Sprinkler System Relative 14az*r-d Fire Sprinkler System Relative Hazard Categories A, F 1 R 1 R u_3 1 R n 7 > > 77 7 TZCTT Y 5. in additions to existing buildings equippedvvith an autafnatie fire spt!inkle For-the pur-pose of r-equir-ing the automatie fife spfiiikler-systems speeified in this ehapter-, the floor-afea within the sttffottading exterior-walls shall be eonsider-ed as 0 1,,,;1a;,,R engines,An automatie fi-re sprinkler- system need not be installed in spaees et:are provided those spaees or- areas afe equipped thfoughout with an atAofflatie fife alafffi.... 1 are separated ffom the Femainder- of the building by fire bar-fier-s eonsisting of not less than 1 houf fire r-esistanee rated walls and 2 hott 903.2.1 through 903 7 1 4 not used. Teat ntitmes with Seetio 903.3. (gf) Amend Section 1505.1 to read as follows: ITEM NUMBER: B-1 DATE: 12-10-13 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. (h 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: 1. Roof coverings on additions to existing wood shingle or wood shake roofs not greater than 25 percent of the existing roof area may be a fire- retardant-treated wood shingles or shakes to match existing. 2. Repairs to existing wood roof coverings not exceeding 25 percent of existing roof area per calendar year may be fire-retardant-treated wood shingles or shakes to match existing. ( ) Amend Section 1802.2 to read as follows: 1802.2 Where required. The owner or applicant shall submit foundation and soils investigation report to the building official where required in Sections 1802.2.1 through 1802.2.7. Exceptions: 1. The building official need not require a foundation and soils investigation report where satisfactory data from adjacent areas is available that demonstrates an investigation is not necessary for any of the conditions in Sections 1802.2.1 through1802.6. 2. The building official 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: B-1 DATE: 12-10-13 ATTACHMENT: 2 architect or engineer provides a foundation design and a site observation report with a statement of site suitability. (�l£) 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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). (1m) 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: B-1 DATE: 12-10-13 ATTACHMENT: 2 1. Area of cuts and fills. Cuts and fills shall be limited to the minimum amount necessary to provide stable embankments for required parking areas or street rights-of-way, structural foundations, and adequate yard areas. Consideration shall be given to revising the building design to minimize unnecessary grading. 2. Creation of building sites: slope limitations. Grading for the purpose of creating a site for a building or structure shall be prohibited on 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: 1. Watercourses shall not be obstructed unless an alternate drainage facility is approved. 2. Fills placed within creeks shall have suitable protection against erosion during flooding. 3. Grading equipment shall not cross or disturb channels containing live streams without siltation control measures approved by the City Engineer in place. 4. Excavated materials shall not be deposited or stored in or alongside creeks where the materials can be washed away by high water or storm runoff. (op) Amend Appendix Section J103.2 to read as follows: J103.2 Exempted work. A grading permit shall not be required for the following: 1. Grading in an isolated, self-contained area, provided there is no danger to the public, that such grading will not adversely affect adjoining properties, and that such grading is approved by the City Engineer. ITEM NUMBER: B-1 DATE: 12-10-13 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. 8. Excavation and/or fill not greater than 50 cubic yards (38.3 m3) that is not intended to support a structure does and will not obstruct a drainage course. Exemption from the permit requirements of this appendix shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this code or any other laws or ordinances of this jurisdiction. (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: 1. Contour Information. a. For sites with slopes of 10 percent or less, accurate contours of existing ground at one foot intervals and drainage channels, including areas of the subject site (and adjoining properties)that will be affected by the disturbance either directly or through drainage alterations. ITEM NUMBER: B-1 DATE: 12-10-13 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. 8. Intended means of erosion and sedimentation control and site revegetation, including the location, species, container size and quantity of plant materials proposed, and the proposed time of planting. 9. Protective measures to be taken during construction, such as hydro- mulching, berms (temporary or permanent), interceptor ditches, subsurface drains, terraces, and/or sediment traps in order to prevent erosion of the cut faces of excavations or of the sloping surfaces of fills. 10. Where grading area of disturbance exceeds one acre, a Stormwater Pollution Prevention Plan will be submitted. The Stormwater Pollution ITEM NUMBER: B-1 DATE: 12-10-13 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: 1. If located in a Flood Hazard Area, the grading plan shall include flood way and-flood zone boundaries and appropriate mitigations required by Municipal 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. (Ks) Add Appendix Section J110.2 to read as follows: J110.2 Revegetation. Where natural vegetation has been removed through grading in areas not affected by the landscaping requirements and that shall not be occupied by structures, such areas shall be replanted to prevent erosion after construction activities are completed as follows: 1. Preparation for revegetation. Topsoil removed from the surface in preparation for grading and construction shall be stored on or near the site and protected from erosion while grading operations are underway, provided that such storage may not be located where it would cause suffocation of root systems of trees intended to be preserved. After completion of such grading, topsoil shall be restored to exposed cut and fill embankments or building pads to provide a suitable base for seeding and planting. ITEM NUMBER: B-1 DATE: 12-10-13 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. (O-a520 §4 �Lo(,.aft) 2nn7� 'u-T7 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,_ 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 1 Division II of the California Building Code, as amended. (b) Amend Article 230-70(A)(1) to read as follows: ITEM NUMBER: B-1 DATE: 12-10-13 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 7 10.1 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: B-1 DATE: 12-10-13 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 "uthofity a .'i,- RifisdiefienCity determines that higher requirements are necessary to maintain a safe and sanitary condition, the "Water Quality Control Plan, Central Coast Basin" (adopted by the Central Coast Regional Water Quality Control Board or other recognized industry standards) may be used as a guideline by the A uthe,-ity Having Ttifisdiet o by the City. (a) Percolation Test. An on-site investigation shall be made by a registered engineer competent in sanitary engineering or a ,geotechnical engineer in order to determine the suitability of a particular site for a private sewage disposal system and to provide the data necessary to design a private sewage disposal system. A ITEM NUMBER: B-1 DATE: 12-10-13 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 years will not be accepted, unless the registered en ig neer 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 Authority 14 jurisdietionCity: (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 ^tithe,-ity Having Tur-..thee o City: (1) Number and Location of Test Holes. A minimum of three (3) separate test holes spaced uniformly through and located in the immediate vicinity of the proposed leach field site are to be made. ITEM NUMBER: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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 Af TW Aa Absorption area per bedroom Nb=Number of bedrooms Af= 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 n uthe,-ity Having rur-isaie fi,,,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 A ti&)Fity Having Tufisdiet e City sh*H-will 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: B-1 DATE: 12-10-13 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 ^uthof!ity 14m,i g uf!isdi 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: B-1 DATE: 12-10-13 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 Authority Having r„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 Eeu City. (iii) Septic tanks and other system components installed with more than three (3) feet of earth cover or beneath surfaces subject to vehicular traffic (such as driveways and vehicle turnarounds) shall be traffic rated or engineered to support the additional load. (iv) Each compartment of the septic tank shall be provided with a watertight riser, capable of withstanding anticipated structural loads and extending to grade level for ease of maintenance. Risers shall be constructed of concrete, PVC, fiberglass or other approved material, with a minimum inside horizontal measurement of twenty (20) inches. Risers shall be covered with tight fitting lids that are gas tight, securely fastened with stainless steel or other noncorrosive fasteners, resistant to vandals, tampering, and access by children. Surface water shall be diverted away from the riser cover or septic tank lid providing a sloping surface away from the riser, or extending the riser at least six (6) inches above grade. If the lid is in a driveway or other traffic area, the lids and risers shall be structurally designed to support vehicle weight. (v) Wooden and metal septic tanks are prohibited, as are cesspools. (g) Seepage Pit Design. ITEM NUMBER: B-1 DATE: 12-10-13 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 "uthefity Ha-v ng Tti find City (3) Seepage pits shall have a centrally located four (4) inch diameter perforated pipe which extends from the inlet to the bottom of the pit and the space around the pipe shall be filled with washed gravel which may vary in size from three-fourths (3/4) inch to two and one-half(2 1/2) inches. A smaller gravel size may be used if the Design Engineer can provide justification for its use and written approval is obtained from the Authority u,,ying Tufisdiet,,rCity 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 Authofity u�.,;^rt r,.�City. (8) The maximum effluent application rate for a seepage pit is 0.30 gallons/square foot/day. (9) Seepage pits shall maintain all horizontal and vertical setback requirements listed in this chapter. (h) One Hundred(100) Percent Expansion Area. All systems shall be designed and constructed to reserve sufficient site area for a one hundred(100)percent replacement dispersal system/area. Installation of dual fields shall be required for all sites when access for installation of the replacement field/area would not be feasible after initial site development. When the primary and expansion systems are installed jointly, a means of switching flows to each field shall be provided. (i) 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: B-1 DATE: 12-10-13 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 mist,..,,, ^ ther-tyBuilding 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 Authority 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 Authority 14 .,1 r��ri�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: B-1 DATE: 12-10-13 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 Authority ority Hayi g Tufisdietio„ 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: B-1 DATE: 12-10-13 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 .62 .64 .66 .68 .70 30 .43 .47 .50 .53 .55 .58 .60 .62 .64 36 .37 .41 .44 .47 .50 .52 .54 .56 .58 42 .33 .37 .40 .43 .45 .48 .50 .52 .54 48 .30 .33 .36 .39 .42 .44 .46 .48 .50 Note: For trenches not shown in Table 4-2,the standard trench adjustment factor may be: W +2 Trench Adjustment Factor= W + 1 + 2D W =width of trench (in feet) D =depth of gravel below pipe (in feet) Table 4-3 Horizontal Distance Separation (In Feet) Leach Field or Building Sewer Septic Tank Seepage Bed Seepage Pit Buildings or structures,including porches,steps, 2 5 80) 80) breezeways,patios,and carports whether covered or not ITEM NUMBER: B-1 DATE: 12-10-13 ATTACHMENT: 2 Leach Field or Building Sewer Septic Tank 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 lo", 10 10 10 Sloping ground,cuts,or other embankments 15(6) 15(6) Reservoirs(9),including ponds,lakes,tanks, 200 200 200(') 200(') basins,etc.for storage,regulation and control of water recreation,power,flood control or linking Springs 100 100 100 100 Notes: (1) Distance separation shall be increased to twenty(20)feet when building or structure is located on a downward slope 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. 110>Topographic low point that conveys water to watercourses. (*) See tree protection guidelines. ITEM NUMBER: B-1 DATE: 12-10-13 ATTACHMENT: 2 Table 4-4 Vertical Distance Separation (In Feet) Leach Field or Seepage Bed Seepage Pit Groundwater,where percolation rate(min/in)is <1 50' 1-4 20' 5-29 8 >30 5 Groundwater,where soil is Gravels2 50' Gravels with few fines3 20' Other 10 Bedrock 10 10 Note:Distance is measured from bottom of trench or pit. ' Unless a setback distance of at least two hundred fifty(250)feet to any domestic water supply well or surface water is assured.In this case the minimum separation shall be ten(10)feet. 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 Int-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: B-1 DATE: 12-10-13 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 Standard 3'x3'Trench Length(feet)* Gravel Trench Percolation Rate 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: B-1 DATE: 12-10-13 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 (a)Delete Appendix A4,A5and A-5A6.1. 0*(b) 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 ATTACHMENT: 2 TIME LIMITS FOR COMPLIANCE Deadline for Building Permit From Date of Permit Issuance Submission of Issuance Deadline Rating Occupant Rehabilitation for Strengthening Complete Classification Load Plans or Demolition Commence Within 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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 § 1 (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: B-1 DATE: 12-10-13 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 By: Tom O'Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian Pierik, City Attorney ITEM NUMBER: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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- 2.102, Building Appeals Office contained in Title 8, Building Codes, of this municipal code. in order-to , rduet l ear-ings to deter-mine the s ,stabil t<, „� altemate matet:ials and methods of installation, and to provide foF Feasonable to �tutions of the pfovistons of this Code, there is established a Board o Appeals. The Board shall eonsist of five (5) members, two (2) of"om shall b-e > > one (1) of.whom shall be a speeialty eontfaet6r, ^11 of<,>L,.,m shall b qualifiedby who is not one of the for-egoing. Member-s of the Board of Appeals sha A in the mannet! established by resolution fef!appointments, shall sefve at stated > vvith the appfoval of the City Gotmeil, tintil stteh time as the Council seleets a suceessof. The Building Offieial of the City shall sen,e as see,- ((te�ll ot.,,-<,o eff eio to the I2.,.,f (b) order-to be eligible for- appointment to the Board, the pef:son shall live Within the City. T-efms of initial appointment shall be for- a tefffl of two (2) years for-two (2) ,vo mbe fs, for- ., to,-,ti, of F four (4) < s foo!thfee (3) ,n. ,Y with f: be ,;t ,,,,- ( ) < Gafifomia Govefnfnent Code Seetion 81000, et seq. (nn�� � The Board shall adopt fvasonable Fules and regulations, subjeet to appr-oval and the r-equir-ements of the Ralph N4. Br-own Aet, Galifofnia Govemment Code Seetion 54950, et •, and shall r-ende-r all deeisions and findings in wr-ifing Nvith a eopy to the appellant. d.323 Tb 44 § 8.04.120, 19914 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-son aggieved by ^ deei,:^N of the have the fight to appeal the deeision. The appeal shall be filed with the Btfilding Offieial within fif4een (15) business days after-the r-ender-ing of the deeision aff-eeting the aggfieved pefsen. Gfatfflds for-the appeal shall be set fei4h in wr-iting. ITEM NUMBER: B-1 DATE: 12-10-13 ATTACHMENT: 3 and shall be given to the appellant by mailing it to him or-her-, postage prepaid, a4 his or-hef last known address, at least te.n. 0)), ealefidar-days pr-iE)r-to the da4 for (e) Any wfitten reports to be made to the Board shall be filed with the seer-etar-y o Board and shall be made available to the Board and to the p b,lie no loss than thfee (3) wofkifig days pr-ior to the date set for the hear-ifig. Any department head shall have the right to be heard on any m4ter- eoming before the Bo (at�ne deeision of Board on the appeal shall notbeEeme final until ten (10) ,wor-king days aftei!the Boafd has made its detefmination in order-to allow time an appeal to be made to the Couneil from the Boaf!d's deeision. (e) Any 'led by the detefmitiatto„ of the T2...,fd shall have the right to -s de-teffflina ion to the Council. Stteh appeals must be filed with the Cit (10) woflEing days after-the B o afd has made its detefmifiati on. i thin (f) The Cottfieil shall set appeal fees to the Appeals Boafd and to the City Cotmeil by r-esoltition. There ezieeha-fgefer- eity-initiated appeals. (Or-4-44§94130, 4-” ITEM NUMBER: B-1 DATE: 12-10-13 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 By: Tom O'Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian Pierik, City Attorney ITEM NUMBER: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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 (10) 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: B-1 DATE: 12-10-13 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. residential,,..,Fki .log; ated .,fk4 areas exempt by the a.1.. to,l !'alit «.i Buildine Code (GBG) or-its supllrmlp§�@f fifl�, shall inelude handieapped par-kin per-sons with disabilities as follows-.,pr-evided that these spaees may be ineluded (1) Disabled par-king spages-shall be based o a ratio established adepted Gallifemia BttildinR Code (GBG) or-its sueeesser-title for-pr-oposed Disabled a-kine si3aees shall be ineluded ., a a-t of the tot.,l r-equir-ed for q pti One (1) b ,, d eappedspaee fr eaek f9r+4y(40) s"paees Of ITEM NUMBER: B-1 DATE: 12-10-13 ATTACHMENT: 4 handioapped space for the next one hundr-ed forty (140) park* _ paces and with one (1) for-eaeh e hundred (100) s s beyond that (2) 14an aiea--.-pe il;Rable.7 p r ifig dimensions shall be . ;stent. ,;tl, tl, adopted calif r„;a Buildinf! !-ode (/-'BG) o its s rt;tlo shat be nine (9) by eighteen (1 9) foot ; size with a five (5) foot aeeess allowing Foom for-handieapped per-sons to enter-and exit a vehiele onto a level surface suitable for wheelehait!s and assisted par-king. The aisle width shall be the samer-eqttiredfor-., star dar-.l spa (3) 14andieapped Disabled pad4p&spaees shall be- loeated nearest to the main pedestrian rt from the parking area to the 1.,,;1.1,6. „ use sefved by the par-king and shall be designed suesueh that p �,heel..ha rs or assisted parkin a of eonipelled to pass be' iin (cur) or-its stieeessor t;tle (4) Handieapped Disabled parkipg:spaees shall be designated by painting bitte striping or-mar-kings ineluding the intemational synibol of accessibility, whieh shall be at leastthree three (3) feetin size, on the s ,rf ee „� the st.,ll nl.,..eme t of., seventy(70) s o inchsign, t,;ttl,o r,to,-,,.,t;.,na s .m bal of aceessib l;ty(which m inelude the tow ., provision) ,ti be r r-evisible 1,,e tion eenter-ed,enter-e .,t the font oftl.o spaee of t e tr.,nees to the parking lot ; older to properly identify the in ,r-da iee with the adowed Galifn.-.,;., Bttildifij�rode /Gstteeessour�\ ;tom r titl o (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. (gf) 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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). a-.b.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: B-1 DATE: 12-10-13 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 any required 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: B-1 DATE: 12-10-13 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 two€rve(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 drainagedesign 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 (5,008) 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: B-1 DATE: 12-10-13 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 fivethous 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: B-1 DATE: 12-10-13 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 jurisdiction over said waters, except as permitted through approval of a drainage plan and-a stfeambed alteration per-mit from the Califemia Depai4ment of Fish and Game. 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: B-1 DATE: 12-10-13 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 designated by a State or Federal agency with jurisdiction 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 signed by an qppropriately licensed individual in accordance with the State Water Resources Control Board requirements. 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: B-1 DATE: 12-10-13 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 gfadi 'g grading, or prior to building final, 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, ineluding these desefibed in USDA Soil Consofvation Sery ee 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(29;0891,000) 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: B-1 DATE: 12-10-13 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 Ev, ro drai,ige 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„ vii (a) Basic Drainage Plan Contents. re"ired—, 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- upon 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: B-1 DATE: 12-10-13 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:-Other-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 (mon 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 ATTACHMENT: 4 (44,) 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, gutter, 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: B-1 DATE: 12-10-13 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, grading 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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. 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) 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: B-1 DATE: 12-10-13 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 (Dross 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 building permit requirements provided it meets property line and structure setbacks required bX 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 withstanding all vertical and horizontal loads and consistent with all gpplicable 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. (i). 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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: B-1 DATE: 12-10-13 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 By: Tom O'Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian Pierik, City Attorney ITEM NUMBER: B-1 DATE: 12-10-13 ATTACHMENT: 4 EXHIBIT A: Categorical Exemption PLN 2013-1462/ZCH 2013-0168 Title 9 Zoning Ordinance Text Amendments CITY OF ATASCADERO 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 Project Title ZONING ORDINANCE CODE TEXT AMENDMENT Proiect Location(Include County) Citywide,Atascadero,CA 93422(San Luis Obispo County) Project 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 94.139 through 94.154 Grading and drainage standards for consistency with State Post Construction Stormwater regulations; • Amend section 94.160 Streets,to allow frontage improvement exceptions for certain residential projects and clarification ofimprovements; • 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: B-1 DATE: 12-10-13 ATTACHMENT: 4 CITY OF ATASCADERO NOTICE OF EXEMPTION Page 2 of 2 Name of Public Aeencv Aaarovine Proiect City ofAtascadero Name of Person or Aeencv Carrying Out Proiect Community Development Department,City ofAtascadero Exemot 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 Alfredo R Castillo,AICP Assistant Planner Page 2 of 2 ITEM NUMBER: B-2 DATE: 12-10-13 r n Fr—F� f� 1918'I r-'!' `i 1578 cAn� , Atascadero City Council Staff Report — City Attorney's Office Appeal of City Denial of Request for an Interim Management Plan for the Millhollin Mine (Glen Millhollin) RECOMMENDATION: Council adopt Draft Resolution denying the appeal of the City denial of the request for an Interim Management Plan for the Millhollin Mine. REPORT IN BRIEF: This item involves an appeal by Glenn Millhollin of the City's denial of his request for an Interim Management Plan for the Millhollin Mine. This Staff Report includes a discussion of the background regarding the Millhollin Mine, various documents relating to the Millhollin Mine and the issues raised in the appeal by Mr. Millhollin. DISCUSSION: A. LOCATION The Millhollin mine (also referred to as a Quarry) is in the vicinity of Santa Lucia Road and Cenegal Road. The mine is located on a steep hillside. A location map depicting the Millhollin mine is Attachments 2A and 2B. B. SITE PHOTOGRAPHS Attachment 2C is an aerial photograph from the City's GIS mapping system (2010) depicting the Millhollin Quarry. ITEM NUMBER: B-2 DATE: 12-10-13 Attachment 3 is a series of 2013 existing condition photographs of the Millhollin Quarry which are numbered and dated. C. BACKGROUND The Millhollin Quarry was established in 1945. Although the Quarry was established within an area already subdivided (Atascadero Colony, 1914), its establishment preceded the development of the majority of surrounding properties which are now predominantly residential. The Quarry was used on a very small scale for approximately 45 years. In March 1980, a Reclamation Plan was approved for the Quarry by the County of San Luis Obispo, see Attachment 4. Although the City had incorporated eight months prior, the County continued to process land use applications for about one year after incorporation until such time as the City was staffed and able to assume that function. As a result of procedural oversights and technical inconsistencies, the 1980 Reclamation Plan did not undergo environmental review pursuant to the California Environmental Quality Act of 1970 (CEQA) nor was it subject to State review as required by the Surface Mining and Reclamation Act of 1975 (SMARA). Without any public notice, the approval of the 1980 Reclamation Plan went unchallenged. In 1991 , the County of San Luis Obispo (the customer of the Quarry) intensified their use of the Quarry significantly. This increased level of activity caused neighboring residents to contact the City with short-term operational questions (noise, dust, traffic, etc.) and long-term end-use questions (closure date, final site condition, etc.). It was then that the City discovered that the State still considered the County to be the lead agency responsible for ensuring SMARA compliance within the Millhollin Quarry. In 1992, the City of Atascadero became certified by the State Mining & Geology Board as lead agency under SMARA. In June 1993, the City ordered that an amended reclamation plan be prepared for the Millhollin Quarry that would address the operational concerns and establish a "sunset date" when mining activities would cease and the site would be reclaimed in an acceptable manner. From June through December of 1993 numerous plans were submitted and deemed inadequate. During this time, the County escalated their operations at the Quarry which further upset the neighbors. In December 1993, the Council directed the Quarry to be closed until an adequate amended plan was submitted. On October 10, 1994, an Interim Operational Agreement was approved by Council, see Attachment 5. Neighboring residents were dissatisfied with the approval of the Interim Agreement and filed suit against the City and mine owner. ITEM NUMBER: B-2 DATE: 12-10-13 In March 1996, all parties agreed that City staff would prepare the amended Reclamation Plan and supporting environmental documentation. On October 23, 1996, the City Council approved Conditional Use Permit known as CUP 96003 (Attachment No. 6) which consists of a Final Reclamation and Closure Plan (1996 Plan"), an Operations Agreement and an Environmental Assessment. From 1997 to 2005, mining operations continued with annual reports filed to the state by the quarry operator. During the latter end of this period, material removed from the mine increased corresponding with the peak of construction activities. The quarry reported to the California Department of Conservation approximately 7,087 cubic yards were removed from the site in 2005. From 2006 to 2011, the mining of aggregate red rock from the quarry was significantly reduced. The amount of aggregate produced from the quarry dropped by 90 percent from the operation's previous maximum annual mineral production which occurred in 2005. The significant drop in the production rates at the mine caused the State Bureau of Mine Reclamation to consider the Millhollin Quarry operation to be "idle" in 2011. The State defines idle as, "curtailing for a period of one year or more surface mining operations by more than 90 percent of the operation's previous maximum annual mineral production, with the intent to resume those surface mining operations at a future date." SMARA requires an Interim Management Plan as soon as a mine becomes "idle." D. 1996 PLAN The 1996 Plan has several provisions including the following- 1. ollowing:1. The Plan states (page 7) that: "At the latest, mining and reclamation activities would be completed, and thus the permit expired, fifteen (15) years from the date of Plan approval." 2. The Plan proposes (page 10) that up to 20,000 cubic yards of material will be extracted from the Quarry each year with an additional 10,000 cubic yards with advance written consent of the City. 3. The Plan states (page 10) that the area that will ultimately be disturbed is some 7.6 acres. The Plan also states that continued mining would lower the existing ridgeline to "allow for the creation of finished slopes which are safe, blended and contoured to appear natural and suitable for the proposed end use." 4. The Plan describes the type of mining (page 11) which "will be accomplished by ripping the sedimentary bedrock with a heavy tractor and pushing the rubble down the slope where it will then be loaded into haul trucks with a rubber-tired front end loader." ITEM NUMBER: B-2 DATE: 12-10-13 5. The proposed "end use" of the site after reclamation (Plan at page 12) was for grazing land. The Plan also provides that the three parcels which comprise the site are zoned for single family residential use so there could be three homes on the site or possibly a subdivision and such residential uses would be subject to an entirely separate review and approval. 6. The Plan provides (pages 15 to 20) for reclamation to include topsoil to be salvaged and maintained on site for subsequent distribution over affected areas once graded to their final elevations; revegetation for the proposed "end use" (grazing land) by planting of at least 50 native Oak trees and the hydroseeding with an erosion control seed mix and then allow native grasses and shrubs species located on the perimeter of disturbed areas to reseed and eventually take over the site. 7. The Plan provides (page 14) that throughout the Quarry operations "the City will keep financial assurances to ensure that the site is shaped and revegetated consistent with this Plan." The financial assurances according to the Worksheet submitted by Mr. Millhollin (Attachment E to Plan) were a total of $11,874.29. E. 1996 OPERATIONS AGREEMENT The Operations Agreement provides, among other things, that: 1. The Term of the Agreement (Paragraph 3) states that the operation of the Quarry shall remain in effect from the effective date of the Agreement (October 23, 1996) until the reclamation is complete to the satisfaction of the City. 2. Paragraph 9 is entitled "Additional Property Owner Obligations and Representations" 3. The Owner anticipated removing 120,000 cubic yards of aggregate material from the property. Paragraph 9 (a). Our understanding is that due to the mining operations after 1996 that approximately 50,000 cubic yards of material remain on site. 4. The Agreement states at Paragraph 9 (d) that: "The removal of aggregate material from the Property, as provided above, will be completed within 6 to 15 years, depending on the rate at which the material is removed from the Property." 15 years after the Agreement date of October 23, 1996 was October 23, 2011. The 1996 Operations Agreement provides for an ending date of October 23, 2011 for the mining operations although the obligation to complete the reclamation plan continues after October 23, 2011. ITEM NUMBER: B-2 DATE: 12-10-13 F. RECLAMATION OF MILLHOLLIN MINE On November 1, 2011, the City sent a letter to Mr. Millhollin (Attachment 7) advising that the mining of material is no longer permitted as of October 23, 2011 and directing Mr. Millhollin to cease mining immediately and to submit to the City by December 16, 2011 a proposed revised reclamation plan to include: (1) Final reclamation grades (2) Restoration planting plan (3) Storm water management plan (4) Reclamation cost estimate (5) Time for reclamation (6) Monitoring program The November 1, 2011 letter from the City to Mr. Millhollin includes as an attachment a letter from Mr. Millhollin to the City requesting a twenty year extension to section 9 (d) of the 1996 Operations Agreement. This request by Mr. Millhollin is a recognition of the fact that the right to mine under 1996 Operations Agreement expired on October 23, 2011. The City has not agreed to any extension of the right to mine after the October 23, 2011 expiration date. A December 16, 2011 letter (Attachment 8) to the City from John Belsher (a former attorney for Mr. Millhollin) states that the engineer from Millhollin will be contacting the City to go over plans for reclamation without further export of materials from the site. Mr. Belsher also states that Millhollin has reserved his rights under the 1980 Plan. He requests a 60 day extension to submit a revised reclamation plan. On December 22, 2011, the City agreed to an extension to submit a revised reclamation plan to February 16, 2012 (Attachment 9). On February 24, 2012, the City sent a letter (Attachment 10) to Mr. Millhollin noting the City granted the extension to February 16, 2012 and the City has still not received a reclamation plan. The City requests that Millhollin submit the reclamation plan within 30 days. On April 5, 2012, Fred Strong (consultant to Mr. Millhollin) submitted a letter to the City (Attachment 11) requesting a 60 day extension of the CUP to accommodate further discussions toward an amended agreement. On April 26, 2012, City Attorney Brian Pierik sent a letter (Attachment 12) to Fred Strong stating that the right to mine ended on October 23, 2011, but that the CUP and the obligation to reclaim the site remains in effect and, therefore, there is no reason to extend the time on the CUP. Mr. Strong was advised that Mr. Millhollin should submit a revised reclamation plan and a new extended date was allowed for the submission to be July 2, 2012 which is more than the 60 days extension requested by Mr. Strong. ITEM NUMBER: B-2 DATE: 12-10-13 As of the date of this Staff Report, Mr. Millhollin has still not submitted to the City a revised reclamation plan for the Millhollin mine. G. INTERIM MANAGEMENT PLAN 1, Senate Bill 108 On January 9, 2012, the City received a notice (Attachment 13) from the State Department of Conservation ("Notice") regarding Senate Bill 108 ("SB 108") which amended the Surface Mining and Reclamation Act ("SMARA") found in Public Resources Code ("PRC") Sections 2710 to 2796.5. The Notice states that SB 108 was effective January 1, 2012 and amended PRC Sections 2727.1 and 2770 and adds PRC 2777.5. The notice also states that the new PRC Section 2777.5 provides that "a mine operator of a mine that became idle as defined in SMARA section 2727.1 but that failed to timely file an interim manage[sic] plan may also submit to their lead agency an interim management plan that may be approved so long as the operator follows the procedures for correcting previous reported mineral production under new PRC section 2777.5(a)." PRC Section 2777.5 (a) reads as follows: "(a) A mine operator who has failed to properly report a mine's mineral production or mine status in any previous year, pursuant to the annual reporting requirement in Section 2207, prior to January 1, 2012, may attach corrected annual reports to the 2012 annual report so long as the corrected annual reports are submitted on or before July 1 , 2013, and if the lead agency confirms in writing to the department all of the following: (1) The operator has provided written notification to the lead agency and the director of their intention to continue surface mining operations. (2) The operator has an existing, valid permit or a vested right to conduct surface mining operations pursuant to Section 2776. (3)(A) The operator's reclamation plan has been approved and is in compliance with this chapter, the mining operation is in compliance with the approved reclamation plan or applicable compliance order issued pursuant to this chapter, the mining operation has an approved financial assurance in place that the lead agency determines is adequate for reclamation pursuant to the approved reclamation plan, and the mining operation has been inspected by the lead agency as provided by Section 2774. (B) The Office of Mine Reclamation may enter any mine site for which a mine operator has requested a correction of mine status or a return to idle status pursuant to this section in order to conduct an inspection. ITEM NUMBER: B-2 DATE: 12-10-13 (4) The operator has demonstrated that there are commercially useful mineral reserves remaining at the surface mining operation. (5) Unpaid fees for years during which the operation's status was not properly reported have been paid to the department. (6) The operator provides evidence to support any modified production reported on corrected annual reports." The Notice of January 9, 2012 provides this summary in its final paragraph: "In summary, a mining operation that is considered abandoned due to improperly reported mineral production or status and/or the failure to timely file an interim management plan may be returned to a pre-abandoned status at the request of the operator and upon lead agency verification of items 1-6 above if previously filed annual reports are properly amended and/or an interim management plan is approved, all by July 1, 2013." 2. PRC 2770 Public Resources Code Section 2770(h) allows a mine owner to submit within 90 days of a surface mining operation becoming idle an Interim Management Plan ("IMP"). An approved IMP is considered an amendment to the approved reclamation plan. PRC Section 2770(h)(4) provides that the lead agency shall approve the IMP within 60 days or notify the owner in writing of deficiencies in the IMP and the owner has 30 days to submit a revised IMP. PRC Section 2770(h)(5) provides that the lead agency shall approve or deny the revised IMP within 60 days and, if denied, the owner may appeal that action to the City Council. 3. Correspondence Regarding Proposed IMP On December 28, 2012, Mr. Millhollin submitted to the City a proposed Interim Management Plan ("IMP"), Attachment 14. On February 25, 2013, the City sent a letter (Attachment 15) to Mr. Millhollin advising that the IMP is incomplete due to the items listed below and allowing for 30 days to submit a revised IMP: (1) Need for provide engineer's cost estimate of reclamation to determine adequacy of financial assurances. (2) Need to update the financial assurance which is based on the 1996 cost estimate (3) Stormwater runoff issues due to grading of entrance (4) Need to indicate where and how the stormwater runoff is released ITEM NUMBER: B-2 DATE: 12-10-13 (5) Need copies of 2011 and 2012 Mining Operation Reports On April 10, 2013, Tim Carmel of Carmel & Naccasha (new attorneys for Mr. Millhollin) submitted a letter (Attachment 16) to the City Attorney. Mr. Carmel argues that the CUP does not have a fixed termination date and that Millhollin reserved his mining rights in 1980 Plan. Mr. Carmel states that Millhollin is willing to establish a firm termination date for the quarry and to continue best practices to mitigate the impact to the community. If the City will not work with Mr. Millhollin, Mr. Carmel states Mr. Millhollin will continue operating under the 1996 Plan, consider using his rights under the 1980 Plan or take "other action deemed necessary in order to protect his important property interests." On April 22, 2013, Mr. Millhollin submitted a revised IMP to the City. (Attachment 17). On June 7, 2013, Jon Ansolabehere of the Carmel firm submitted a letter (Attachment 18) to City Attorney Brian Pierik with a statement of the position of Mr. Millhollin. There is a claim of a "one acre" exemption under 14 California Code of Regulations Section 3505(b). However, this exemption applies to surface mines that do not involve more than one acre and the Millhollin mine involves approximately 7.6 acres. The letter from Mr. Ansolabehere states that Millhollin's ultimate goal is the development of four to six residential homes, but that he must remove 50,000 cubic years of material to reduce the slope to confirm the property to the specifications in the CUP. On June 14, 2013, a letter (Attachment 19) from State Office of Mine Reclamation (OMR) to the City references the submission of an IMP to OMR by July 1, 2013 deadline of SB 108 which identifies the six provisions found in PRC 2777.5(a) referenced above. On June 20, 2013, the City submitted a letter to Mr. Millhollin (Attachment 20) which denied the revised IMP for two reasons: (1) The right to mine expired on October 23, 2011 pursuant to the CUP and the Operations Agreement. (2) The financial assurance submitted with the revised IMP of $0.00 is inadequate to perform the reclamation required in the CUP and provides the cost estimate prepared by Russ Thompson in the amount of $279,000. The cost estimate prepared by Russ Thompson was a "Preliminary Opinion of Probable Cost". In preparing his cost estimate, Mr. Thompson relied upon the San Luis Obispo County Department of Public Works "County Approved Unit Costs for Project Security", Attachment 21. In order to obtain further information regarding the cost to perform the reclamation in the CUP, the City requested an estimate from Diversified Project Services International ("DPSI") Attachment 22 is the estimate from L. Alberto Lopez (Registered Civil ITEM NUMBER: B-2 DATE: 12-10-13 Engineer) of DPSI dated November 20, 2013 in the amount of $121,996.00. Thus, there are now two estimates of the financial assurances: $279,000 by Russ Thompson and $121,996 by DPSI. Both of these estimates are substantially in excess of the financial assurance proposed by Mr. Millhollin of $0.00. On July 2, 2013, the City submitted a letter to the State (Attachment 23) in which the City advised the State that: (1) Mr. Millhollin had not provided the City a written notice of its intention to continue mining operations; (2) The Operations Agreement provided that the removal of aggregate was to be completed by October 23, 2011; (3) The financial assurances are inadequate to perform the approved reclamation plan in CUP 96003; (4) The City had not received any demonstration that three are commercially useful mineral reserves remaining at the surface mining operation and (6) The City has denied the operator's request for approval of an IMP. On July 2, 2013, Jon Ansolabehere submitted a letter (Attachment 24) to the City appealing the June 20, 2013 denial by the City of the revised IMP. On August 29, 2013, the State Department of Conservation submitted a letter (Attachment 25) to the City regarding the completion of its review of the Millhollin Quarry finding that the mine operation cannot return to a pre-abandoned status because of an incomplete application. On November 11, 2013, Jon Ansolabehere submitted a letter (Attachment 26) to the City providing additional information regarding the basis for the appeal of the City's denial of the revised IMP. The issues raised in the November 11 , 2013 letter are addressed in the next Section of this Staff Report. H. APPEAL OF CITY DENIAL OF IMP As noted above, PRC Section 2770(h)(5) provides that the lead agency shall approve or deny the revised IMP within 60 days and, if denied, the owner may appeal that action to the City Council. The July 2, 2013 correspondence from Jon Ansolabehere (Attachment 24) appealing the City's June 20, 2013 denial of the revised IMP was a timely appeal of that denial. The November 11, 2013 letter ("Letter") from Jon Ansolabehere (Attachment 26) sets forth five issues in support of the appeal of the City's denial of the proposed IMP: 1. The Term of the Operations Agreement The Letter (page 2) cites Paragraph 9(d) of the 1996 Operations Agreement and asserts that the language in not a "term" as the City suggests and the thrust of their position is that the language in 9(d) is "simply an estimated life of the then-current and projected rate of extraction of aggregate within the site." ITEM NUMBER: B-2 DATE: 12-10-13 However, there is nothing is Paragraph 9(d) which states that the reference to 6 to15 years is an "estimated life." In fact, the language in Paragraph 9(d) is quite to the contrary. Paragraph 9 is entitled "Additional Property Owner Obligations and Representations" and 9(d) reads as follows: "(d) The removal of aggregate material from the Property, as provided above, will be completed within 6 to 15 years, depending on the rate at which the material is removed from the Property. It is anticipated that the Property Owner's principal operator shall remove aggregate material at the approximate rate of 20,000 cubic yards per year until the reclamation provided by this Operations Agreement is complete. With the advance, written consent of the City, not to be unreasonably withheld, up to an additional 10,000 cubic yards may be removed in any one year." The first sentence of Paragraph 9(d) unequivocally confirms that the removal of aggregate "will be completed within 6 to 15 years". There is nothing ambiguous or unclear about this statement. The second sentence provides the anticipated rate of removal, but does not purport, in any way, to extend the time for completion of the removal beyond the outside date of 15 years. The third sentence merely allows for an increase in the rate of the removal with the City's consent and, again, does not extend the time for completion of the removal. Paragraph 9(d) clearly limits the removal of aggregate to the outside date of 15 years. The Letter cites to Paragraph 3(b) of the Operations Agreement which provides that the provisions of the Agreement "shall remain in effect from the effective date of this Agreement until reclamation is complete to the satisfaction of the City." In fact, this language supports the position the City has taken in its correspondence to Mr. Millhollin reference above, namely that the right to continue mining ended on October 23, 2011 (i.e. 15 years after the Effective Date of the Agreement of October 23, 1996), but that the Agreement will remain in effect until the reclamation is complete and that remains the position of the City. The Letter cited Section III B of the Reclamation and Closure Plan (Attachment 6, page 7) which states that the mining and reclamation activities would be completed within 15 years of the date of Plan approval "at the latest". In fact, Section III B supports the position of the City with respect to the 15 year limitation. Finally, the Letter asserts that the Operations Agreement was not intended to a "firm sunset provision" which is contrary to the express provisions of the Operations Agreement. 2. Alleged Vested Rights ITEM NUMBER: B-2 DATE: 12-10-13 The Letter (page 3, second full paragraph) asserts that Section 24 of the Operations Agreement includes a reservation of vested rights status for the Quarry. A reservation of rights does not create rights which do not exist. Section 24 refers to the 1980 Reclamation Plan, but that Plan does not create any vested rights for the operation of the Millhollin mine. The 1980 Plan was, and is, legally defective for many reasons including, but not limited to, the following: (1) the Plan did not undergo environmental review pursuant to the California Environmental Quality Act of 1970 (:CEQA"); (2) The Plan was not subject to State review as required by the Surface Mining and Reclamation Act of 1975 ("SMARA") and (3) There was no public notice of the proposed Plan. However, even assuming there is, or were, any vested rights created by the 1980 Plan, the extent of mining that was allowed under the 1980 Plan is much more limited than the mining area permitted under the 1996 conditional use permit (CUP 96003). This is shown on the attached diagram (refer to Attachment 27) that was prepared by City staff by combining the mapping information from the 1980 and 1996 plans on to a scaled GIS map. This diagram shows the 1980 Plan's mining area is much smaller than the mining area established by the 1996 Plan. The 1980 plan clearly shows in the "Cross Sections of Mining Area" (refer to Attachment 27), that no mining was to occur above the 1140 foot elevation contour which is well below the ridge top of the hill. The ridge top mining areas that were established by the 1996 Plan were not included in the 1980 Plan. 3. Intention to Continue Surface Mining Operations The Letter (page 3, last paragraph) states that the City should concede that Mr. Millhollin was requesting for the Quarry to be returned to "idle" states through SB 108 and that it was his intent to continue surface mining operations. PRC Section 2777.5(a)(1) lists the requirement on this point as follows: (1) The operator has provided written notification to the lead agency and the director of their intention to continue surface mining operations." The Letter does not cite to any written notification to the City or to the State of intention of the Millhollin Quarry to continue surface mining operations. 4. Financial Assurances The Letter (page 4) addresses the fact that the City found that the financial assurances are inadequate. The amount of financial assurances referenced in the Reclamation and Closure Plan included in CUP 96003 approved in October 1996 to ensure that the site is shaped and revegetated consistent with that Plan was $11,888.00 based upon the calculations submitted by Mr. Millhollin. See Attachment 6 at page 14 "Financial Assurances" and Attachment E at pages 25 to 27. PRC 2777.5 (a)(3)(A) requires the operator to have an approved financial assurance in place that the lead agency determines is adequate for reclamation pursuant to the approved reclamation plan. ITEM NUMBER: B-2 DATE: 12-10-13 The revised IMP submitted by Mr. Millhollin failed to provide sufficient calculations to support a finding of a proper amount for financial assurances. Instead, the revised IMP asserts that the amount for the financial assurance would be $0.00. The City found in denying the revised IMP that the financial assurance submitted with the revised IMP of $0.00 is inadequate to perform the reclamation required in CUP 96003. In an effort to determine the potential cost for reclamation of the Millhollin Mine based upon the reclamation plan required in the CUP, a cost estimate was prepared by City Engineer Russ Thompson in the amount of $279,000. In addition, as noted above, the City has obtained a cost estimate from DPSI in the amount of $121 ,996 (Attachment 22). Both of these estimates are substantially in excess of the $0.00 amount proposed by Mr. Millhollin. Thus, the assertion by Mr. Millhollin that financial assurances should be $0.00 is entirely without merit. The Letter asserts that the City wants Mr. Millhollin to "disturb already reclaimed land". In fact, the City is requiring, as the law provides, that the Millhollin Quarry provide adequate financial assurances for the reclamation of the property pursuant to the approved reclamation plan contained in CUP 96003. 5. Processing of the SB 108 Application Finally, the Letter (page 5) asserts that the City only notified Mr. Millhollin regarding the term of the Operations Agreement. In fact, this is not correct. The City's letter to Mr. Millhollin of February 25, 2013, (Attachment 15) advised that the IMP is incomplete due to the items listed below and allowed for 30 days to submit a revised IMP: (1) Need to provide engineer's cost estimate of reclamation to determine adequacy of financial assurances. (2) Need to update the financial assurance which is based on the 1996 cost estimate (3) Stormwater runoff issues due to grading of entrance (4) Need to indicate where and how the stormwater runoff is released (5) Need copies of 2011 and 2012 Mining Operation Reports Furthermore, the City's letter to Mr. Millhollin of June 20, 2013, (Attachment 20) denied the revised IMP for two reasons: (1) The right to mine expired on October 23, 2011 pursuant to the CUP and the Operations Agreement. (2) The financial assurance submitted with the revised IMP of $0.00 is inadequate to perform the reclamation required in the CUP and provides the cost estimate prepared by Russ Thompson in the amount of $279,000. ITEM NUMBER: B-2 DATE: 12-10-13 Therefore, the assertion that Mr. Millhollin did not have notice regarding what was required to be included in the IMP is without merit. In addition, the provisions of PRC clearly state what is required to be included in the IMP, as described above, and the revised IMP did not include all of the required provisions. CONCLUSION For the reasons set forth above, the recommended action is for the City Council to adopt a Resolution denying the appeal of the City's denial of revised IMP. These reasons include: 1. Millhollin did not provide written notification to the City and State Department of Conservation of its intent to continue mining. PRC Section 2777.5 (a)(1) 2. The right to mine the Millhollin Quarry expired on October 23, 2011 pursuant to the terms of the CUP. PRC Section 2777.5 (a)(2) 3. The 1980 Reclamation Plan does not provide any vested rights for the continued operation of the Millhollin mine. PRC Section 2777.5 (a)(2) 4. The financial assurance with the revised IMP of $0.00 is inadequate to perform the reclamation required in the CUP. PRC Section 2777.5 (a)(3) 5. Millhollin has not demonstrated that there are commercially useful mineral reserves remaining at the Millhollin Quarry. PRC Section 2777.5 (a)(4) 6. Millhollin has not produced evidence to support any modified production reported on corrected annual reports. PRC Section 2777.5 (a)(6) A proposed Resolution denying the appeal of the City denial of the request for an Interim Management Plan for the Millhollin Mine is Attachment 1 to this Staff Report. FISCAL IMPACT: None. ALTERNATIVES: The City Council may choose to grant the appeal of the denial of the request for an Interim Management Plan for the Millhollin Mine. ITEM NUMBER: B-2 DATE: 12-10-13 ATTACHMENTS: Attachment 1 -- Draft Resolution A Denying Appeal of IRYIP Denial Attachment 2A -- Location Pv1ap Attachment 2B -- Location Pv1ap Detail Attachment 2C -- Aerial P,1ap Attachment 3 -- Site Photos Attachment 4 -- 1980 RECLAMATION PLAN Attachment 5 -- INTER.IM OPERATIONS AGREEPy,IEPJT 10,10.94 Attachment 6 -- CUP 96003 - Oct 1996 final reclamation plan Attachment 7 -- 11-01-11 Cit,,.,- Letter to 1`0111hollin Attachment 8 -- 12-16-11 Belsher Letter to City- Attachment ityAttachment 9 -- 12-22-11 City Time Extension letter to Pv11II1-iolll Attachment 10 -- 02-24-12 City Letter to P0illhellin Attachment 11 -- 04-05-12 Fred Strong letter to Cit:- Attachment 12 -- 04-26-12 City letter to Fred Strong Attachment 13 -- 01-09-12 Dept Con SB 108 Letter tp City Attachment 14 -- 12-28-12 Millhcllin IMP submittal to Cit",. Attachment 15 -- 02-25-13 City IP,,1P incomplete letter to P�lillhol Attachment 16 - 04-10-13 Tim Carmel letter to City Attachment 17 -- 04-22-13 P,lillhcllin re--.ised IP,-1P to City Attachment 18 -- 06-07-13 Tim Carmel letter to Ci�,e Attachment 19 -- 06-14-13 Dept Con letter to Citi, Attachment 20 -- 06-20-13 IMP Denial letter to P,.lillhellin Attachment 21 -- SLO Co Appro}:,ed Unit Costs Attachment 22 -- Millhellin Mine Restoration Estimate Attachment 23 -- 07-0-13 City SB 108 Status Itr to Dept Con Attachment 24 -- 07-02-12 1`0111hc1lin Appeal application Attachment 25 -- 08-29-13 Dept Con P�lillhcllin status Itr Attachment 26 --11-11-13 Jon Ansolabehere appeal info letter Attachment 27 -- Historic Mining bcundarr, Attachment 28 -- public comments recei-:-ed ITEM NUMBER: B-2 DATE: 12-10-13 ATTACHMENT: 1 Attachment 1: Draft Resolution A: Denying Appeal of Denial of Interim Management Plan DRAFT RESOLUTION A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ATASCADERO, CALIFORNIA, DENYING APPEAL OF DENIAL OF INTERIM MANAGEMENT PLAN This Resolution of the City Council of the City of Atascadero ("City") is based upon the following Recitals: RECITALS 1. WHEREAS, the Millhollin Mine (also referred to as a Quarry) is located in the vicinity of Santa Lucia Road and Cenegal Road; and 2. WHEREAS, In March 1980, a Reclamation Plan was approved for the Millhollin Mine by the County of San Luis Obispo; and 3. WHEREAS, On October 23, 1996, the City Council approved a Conditional Use Permit known as CUP 96003 which consists of a Final Reclamation and Closure Plan ("1996 Plan"), an Operations Agreement and an Environmental Assessment; and 4. WHEREAS, the effective date of the Operations Agreement was October 23, 1996; and 5. WHEREAS, Paragraph 9 (d) of the Operations Agreement provides: "The removal of aggregate material from the Property, as provided above, will be completed within 6 to 15 years, depending on the rate at which the material is removed from the Property."; and 6. WHEREAS, Fifteen years after October 23, 1996 was October 23, 2011; and 7. WHEREAS, the obligation of the owner of Millhollin mine to complete the 1996 Plan continues until reclamation under said Plan has been satisfactorily completed; and 8. WHEREAS, On November 1, 2011, the City sent a letter to Mr. Millhollin advising that the mining of material is no longer permitted as of October 23, 2011 and directing Mr. Millhollin to cease mining immediately and to submit to the City by December 16, 2011 a ITEM NUMBER: B-2 DATE: 12-10-13 ATTACHMENT: 1 proposed revised reclamation plan to include final grades,restoration planting plan, storm water management plan, reclamation cost estimate, time for reclamation and monitoring plan; and 9. WHEREAS, the City agreed to extend the time for Mr. Millhollin to submit a proposed revised reclamation plan to February 16, 2012; and 10. WHEREAS,As of the date of this Resolution, Mr. Millhollin has still not submitted to the City a revised reclamation plan for the Millhollin mine; and 11.. WHEREAS, On January 9, 2012, the City received a notice ("Notice") from the State Department of Conservation("Notice")regarding Senate Bill 108 ("SB 108") which amended the Surface Mining and Reclamation Act("SMARA") found in Public Resources Code ("PRC") Sections 2710 to 2796.5; and 12. WHEREAS, The Notice states that the new PRC Section 2777.5 provides that"a mine operator of a mine that became idle as defined in SMARA section 2727.1 but that failed to timely file an interim manage (sic)plan may also submit to their lead agency an interim management plan that may be approved so long as the operator follows the procedures for correcting previous reported mineral production under new PRC section 2777.5(a)."; and 13. WHEREAS, PRC Section 2777.5 (a) includes the following six requirements: (1) The operator has provided written notification to the lead agency and the director of their intention to continue surface mining operations; (2) The operator has an existing, valid permit or a vested right to conduct surface mining operations pursuant to Section 2776; (3) The operator's reclamation plan has been approved and is in compliance with applicable law, the mining operation in is compliance with the approved reclamation plan and has an approved financial assurance in place that the lead agency determines is adequate for reclamation and the mining operation has been inspected by the lead agency; (4) The operator has demonstrated that there are commercially useful mineral reserves remaining at the surface mining operation; (5) Unpaid fees for years during which the operation's status was not properly reported have been paid to the department; and(6) The operator provides evidence to support any modified production reported on corrected annual reports; and 14. WHEREAS, The Notice provides this summary in its final paragraph: "In summary, a mining operation that is considered abandoned due to improperly reported mineral production or status and/or the failure to timely file an interim management plan may be returned to a pre-abandoned status at the request of the operator and upon lead agency verification of items 1-6 above if previously filed annual reports are properly amended and/or an interim management plan is approved, all by July 1, 2013."; and 15. WHEREAS, On December 28, 2012, Mr. Millhollin submitted to the City a proposed Interim Management Plan ("IMP"); and 16. WHEREAS, On February 25, 2013,the City sent a letter to Mr. Millhollin advising that the IMP was incomplete due to the following items and allowing for 30 days to submit a revised IMP: (1) Need for provide engineer's cost estimate of reclamation to ITEM NUMBER: B-2 DATE: 12-10-13 ATTACHMENT: 1 determine adequacy of financial assurances; (2) Need to update the financial assurance which is based on the 1996 cost estimate(3) Storm water runoff issues due to grading of entrance; (4) Need to indicate where and how the storm water runoff is released; and(5) Need copies of 2011 and 2012 Mining Operation Reports; and 17. WHEREAS, On April 22, 2013, Mr. Millhollin submitted a revised IMP to the City; and 18. WHEREAS, On June 20, 2013,the City submitted a letter to Mr. Millhollin which denied the revised IMP for two reasons: (1) The right to mine expired on October 23, 2011 pursuant to the CUP and the Operations Agreement. (2) The financial assurance submitted with the revised IMP of$0.00 is inadequate to perform the reclamation required in the CUP and provides the cost estimate prepared by Russ Thompson in the amount of$279,000; and 19. WHEREAS, The cost estimate prepared by Russ Thompson was a"Preliminary Opinion of Probable Cost" and, in preparing his cost estimate, Mr. Thompson relied upon the San Luis Obispo County Department of Public Works "County Approved Unit Costs for Project Security"; and 20. WHEREAS, In order to obtain further information regarding the cost to perform the reclamation in the CUP, the City requested an estimate from Diversified Project Services International ("DPSI") which was provided by L. Alberto Lopez (Registered Civil Engineer) of DPSI dated November 20, 2013 in the amount of$121,996.00; and 21. WHEREAS, the City has received two estimates of the financial assurances: $279,000 by Russ Thompson and$121,996 by DPSI which are both substantially in excess of the financial assurance proposed by Mr. Millhollin of$0.00; and 22. WHEREAS, On July 2, 2013, the City submitted a letter to the State in which the City advised the State that: (1) Mr. Millhollin had not provided the City a written notice of its intention to continue mining operations; (2) The Operations Agreement provided that the removal of aggregate was to be completed by October 23, 2011; (3) The financial assurances are inadequate to perform the approved reclamation plan in CUP 96003; (4) The City had not received any demonstration that there are commercially useful mineral reserves remaining at the surface mining operation and(6) The City denied the operator's request for approval of an IMP; and 23. WHEREAS, On July 2, 2013, Jon Ansolabehere, legal counsel for Mr. Millhollin submitted a letter to the City appealing the June 20, 2013 denial by the City of the revised IMP; and 24. WHEREAS, Following receipt of the July 2, 2013 from Mr. Ansolabehere, the City was advised by Mr. Ansolabehere that he would submit a letter to the City by November 11, 2011 providing additional information in support of the appeal and the City and Mr. Ansolabehere agreed that the hearing date on the appeal with the City Council would be December 10, 2013; and ITEM NUMBER: B-2 DATE: 12-10-13 ATTACHMENT: 1 25. WHEREAS, On November 11, 2013, Jon Ansolabehere submitted a letter ("Letter") to the City raising five issues in support of the appeal of the City's denial of the revised IMP; and 26. WHEREAS, the first issue raised in the Letter relates to the term of the Operations Agreement. The arguments raised on this issue are without merit for the reasons stated in the Staff Report, including all Attachments thereto,presented to the City Council at the hearing on the appeal on December 10, 2013 ("Staff Report"); and 27. WHEREAS, the second issue raised in the Letter relates to alleged vested rights. The arguments raised on this issue are without merit for the reasons stated in the Staff Report; and 28. WHEREAS, the third issue raised in the Letter relates to the requirement of PRC 2777.5 (a)(1) that the operator provide written notification to the lead agency and the director of their intention to continue surface mining operations term of the Operations Agreement. The arguments raised on this issue are without merit for the reasons stated in the Staff Report; and 29. WHEREAS, the fourth issue raised in the Letter relates to the requirement of PRC 2777.5 (a)(3) that the operator have an approved financial assurance in place that the lead agency determines is adequate for reclamation pursuant to the approved reclamation plan. The arguments raised on this issue are without merit for the reasons stated in the Staff Report; and 30. WHEREAS, the fifth issue raised in the Letter relates to the processing of the SB 108 Application. The arguments raised on this issue are without merit for the reasons stated in the Staff Report; and 31. WHEREAS, Mr. Millhollin did not provide written notification to the City and the State Department of Conservation of the intent to continue mining and as provided by PRC Section 2777.5 (a)(1); and 32. WHEREAS, The right to mine the Millhollin Mine expired on October 23, 2011 pursuant to the terms of CUP 96003; and 33. WHEREAS, The 1980 Reclamation Plan does not provide any vested rights for the continued operation of the Millhollin mine and as provided by PRC Section 2777.5 (a)(2); and 34. WHEREAS, The financial assurance with the revised IMP of$0.00 is inadequate to perform the reclamation required the CUP 96003 and as provided by PRC Section 2777.5 (a)(3); and 35. WHEREAS, Mr. Millhollin has not demonstrated that there are commercially useful mineral reserves remaining at the Millhollin Quarry. PRC Section 2777.5 (a)(4); and ITEM NUMBER: B-2 DATE: 12-10-13 ATTACHMENT: 1 36. WHEREAS, Mr. Millhollin has not produced evidence to support any modified production reported on corrected annual reports and as provided by PRC Section 2777.5 (a)(6). NOW, THEREFORE,BE IT RESOLVED,by the City Council of the City of Atascadero: SECTION 1. The City Council finds that the foregoing Recitals are true and correct and said Recitals are hereby incorporated in full by this reference. SECTION 2. The City Council hereby incorporates by reference in full the Staff Report, including all Attachments thereto,presented to the City Council at the hearing on the appeal on December 10, 2013. SECTION 3. Mr. Millhollin did not provide written notification to the City and the State Department of Conservation of the intent to continue mining. SECTION 4. The right to mine the Millhollin Quarry expired under on October 23, 2011 pursuant to the terms of CUP 96003. However, the obligation of the Millhollin mine operator to complete the reclamation plan of CUP 96003 continues to exist. SECTION 5. There are no vested rights for continued mining operations at the Millhollin mine. SECTION 6. The financial assurance with the revised IMP of$0.00 is inadequate to perform the reclamation required in the CUP 96003. SECTION 7. Mr. Millhollin has not demonstrated that there are commercially useful mineral reserves remaining at the Millhollin Quarry. SECTION 8. Mr. Millhollin has not produced evidence to support any modified production reported on corrected annual reports. SECTION 9. The appeal of the denial of the interim management plan is hereby denied for the following reasons, any one of which is sufficient to warrant the denial of the appeal: (1) Mr. Millhollin did not provide written notification to the City and the State Department of Conservation of its intent to continue mining. (2) The right to mine the Millhollin Quarry expired on October 23, 2011 pursuant to the terms of CUP 96003. (3) There are no vested rights for continued mining operations at the Millhollin mine. (4) The financial assurance submitted with the revised IMP of$0.00 is inadequate to perform the reclamation required in CUP 96003. ITEM NUMBER: B-2 DATE: 12-10-13 ATTACHMENT: 1 (5) Mr. Millhollin has not demonstrated that there are commercially useful mineral reserves remaining at the Millhollin Quarry. (6) Mr. Millhollin has not produced evidence to support any modified production reported on corrected annual reports. On motion by Council Member and seconded by Council Member the foregoing Resolution is hereby adopted in its entirety on the following roll call vote: AYES: Council Members NOES: ABSENT: ADOPTED: December 10, 2013 CITY OF ATASCADERO By: Tom O'Malley, Mayor ATTEST: Marcia McClure Torgerson, C.M.C., City Clerk APPROVED AS TO FORM: Brian A. Pierik, City Attorney ITEM NUMBER: B-2 DATE: 12-10-13 ATTACHMENT 2A -- LOCATION MAP 101 �°ron qd �g lP'noleton Rd Pd S EI Po%oac SG�a 101 /clyd N,no� y Y Ptia � a 41, Apple t_ Valley Parkor- y'C s �7 Traffic Way Park 01 • Rd 9 101 dd Abodes^ R� At scadero ago , �40� d 4: 3� � 41., C Chalk Mountain VO Millhollin �'� Ai r Golf Course y Rd 'A C� P Mine � p � Charles W, �y'0ortola Rd i Paddock Zoo 'V At43[4ftH0 to (a j E.G.feYttisy! r G�w�Sa�q Col. P v' tf qa is H'Qh yav ��o `ImltS Pafom 4td�a Lem C., Creek P t 0 1 �iCdT N Souce:Atascadero GIS Nov. 2013, Google Maps 2013 . 1 ty 4Od R���1 i f,.�. �:�,y0.;,V@ O!�- YQv�: f ` r� a O /S� V�Mv,— IVmaw� 64 tpw o�:�#j V-W--A q*ila Ave 11iA ar�ttLIVA Ave Qs Ave �. a� d.0 ��dt0+ ►�.ente, IX �/►�'; -91 Tfs �.,]P'^ %w=wAAMN •rI Val •���.. ` e �p5'� .'�a.'Tj'=j� Sti�� � � �a� • �►r��� S d IN ITEM NUMBER: B-2 DATE: 12-10-13 t w- ERS L MAP 4 Millhollin 'I _ - 11650 Santa Lucia 055-451-030 �Pvv a c� 5 � , }Y. 4 Y} ( ¢t Y e s.• 4 r Mengioz •-• 11550 Santa Lucia 055-021-002 o r1i Millhollin 5000 Llano 055-451-031 Bergsma t'. . _ �✓. 11500 Santa Lucia ''i1 •t" 055-021-003 � � � -f ` Millhollin r • , 11400 Santa Lucia 055.451-006 k Ot ' Harmon • 11300 Santa Lucia F- - �,r � - -054-272-006 -L_ r A CiA-ROAD'\ . GRAI/ES CREEK'.. ro `t Pc - /J,� �� ., ;, , .• . Viz_ . ..- � ••.r alp._ � � • 9 = e 01996 Operas ons Agreement Bountlary Property Llnes 12-10-13 ITEM NUMBER: B-2 ATTACHMENT 3 -- SITE PHOTOS 'Fi 1996 CUP Boundary Location & Direction of Photo Millhollin Quarry Key Map Photo Description View from the entry of the mine. This photo was taken directly from the entry of the quarry. This photo shows the main pathway that leads to stockpiles located near the ridge lines. 2 � - r L. Map Source:Atascadero GIS Nov. 2013,July 2013 Site Visit, Submitted Interim Management Plan 12-10-13 ITEM NUMBER: B-2 ATTACHMENT 3 -- SITE PHOTOS i 3 r � 1996 CUP Boundary Location & Direction of Photo Millhollin Quarry Key Map Photo Description This photo shows a •:., . view of bottom of the ` quarry operation near . Santa Lucia Road. The raw aggregate from e the hillside is removed4 � ~� with machinery and is then hauled off for crushing to be used for asphalt and other typezkl of construction related projects. y K ` � z �` � jg �►' 4t }_ y b- Map Source:Atascadero GIS Nov. 2013,July 2013 Site Visit, Submitted Interim Management Plan 12-10-13 ITEM NUMBER: B-2 ATTACHMENT 3 -- SITE PHOTOS i i3 = Q V-- 1996 1996 CUP Boundary Location & Direction of Photo Millhollin Quarry Key Map Photo Description This is the primary driveway used to access the top of the hill. This photo shows a topsoil stockpile that is approximately 888 cubic yards for development purposes that is shown in the applicant's Interim Management Plan. The stock pile now has some vegetation growth. �;; p .,r d* �R, Yet 9Z Map Source:Atascadero GIS Nov.2013R,"July 2013 Site Visit, Submitted Interim Management Plan