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Home My WebLink AboutAgenda Packet 10/10/1983 AGENDA • MINUTES - ATASCADERO CITY COUNCIL Regular Meeting, October 10, 1983 Atascadero Administration Building The meeting was called to order at ,7: 30 p.m. with the Pledge of Allegiance. Reverend John Cole of the Atascadero Bible Church gave the invocation. ROLL CALL Present: Councilmen Nelson, Stover, Wilkins and Mayor Mackey Absent: Councilman Molina STAFF Present: Murray Warden, City Manager; Patsy Hester, Deputy City Clerk; ' Mike Hicks, Fire Chief; Skip 'Joannes, Recreation Director Bud McHale, Police Chief; 'Larry McPherson, Public Works Director; Joel Moses, Associate Planner; and 0. D. Smith, Chief Building Inspector. PUBLIC COMMENTS 1. Hank Hohenstein presented a preliminary sketch showing major changes proposed for the Pavilion project. COUNCIL COMMENTS 1. Mayor Mackey requested support for the upcoming Colony Days celebration. _ . 2. Mayor Mackey stated that there are several places where traffic lights and drainage improvements are needed. She requested Council to make' a list of improvements needed in order to ,work them into the next CIP. 3. Councilman Nelson requested the CIP be put on the next agenda to discuss and formulate plans for it. A. CONSENT CALENDAR 1. Minutes of the regular meeting of September 26, 1983 (RECOM- MEND APPROVAL) 2. Treasurer' s Report, September 1, 1983 to September 30, 1983 • (RECOMMEND APPROVAL) MINUTES - ATASCADERO CITY COUNCIL - OCTOBER 10, 1983 • 3. Finance Director' s - Report, September 1, 1983 to September 30, 1983 (RECOMMEND APPROVAL) 4. Tentative Parcel Map AT 5-83 2900 _San Fernando Road, Mr. and Mrs Greg Fili.pponi (Dennis Bethel & Associates) to allow division of 12.6 acres of land into three parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 5. Tentative Parcel Map AT 8-83, 9855 Laurel Road, Fred and Gail Werner (Twin Cities Engineering) to allow division of approxi- mately eight acres into two parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 6. Tentative Parcel Map AT 4-83, 3000, San Fernando Road, Mr. and Mrs. Jerry Frederick, Mr. and. Mrs. Donald Messer, Mr. and Mrs. Dennis Bethel (Bethel & Associates)- to allow division of approximately 16.8 'acres of land into four parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) ? Tentative Parcel Map AT 6-83, 3100 San Fernando Road, Robert S. and Ida: H. Dutra (Hohenstein) to allow division of 12.79 acres into three parcels (RECOMMEND APPROVAL OF PLANNING COM- MISSION RECOMMENDATION) 8. - Tentative Parcel Map AT 3-83, 3120 San Fernando Road, Bob Kelly (Twin:Cities Engineering) to divide. 7. 90 acres into two parcels (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDA- TION) 9 Tentative Parcel Map AT 10-83, 107.25 Vista Road, Larry Cote (TwinCitiesEngineering) to allow division. of_ 9,C6 acres of.- .. . . land into .two parcels (_RECOMMEND APPROVAL OF PLANNING COMMIS- SION RECOMMENDATION) 10 Acceptance of Parcel Map AT 820401: 1, 10320 Atascadero Road, Barry E. and SandraClarke (Morgan); (RECOMMEND APPROVAL OF PLANNING COMMISSION RECOMMENDATION) 11. Award Bid No. 83-08, Asphalt Concrete Overlay (RECOMMEND BID BE AWARDED TO A. J. DIANI CONSTRUCTION CO. , IN THE AMOUNT OF $346,081. 50) 12. Caltrans Highway Projects, 1984/89 (INFORMATION ONLY; NO ACTION REQUIRED) 13. Claim of EdwardLaffertyfor personal injuries, Attorney Clarkson (RECOMMEND DENIAL AND DIRECT REJECTION LETTER TO BE SENT) • -2 MINUTES - ATASCADERO CITY COUNCIL - OCTOBER 10`, 1983 14 . Claim of Edward Lafferty for personal injuries, Attorney McMillan (RECOMMEND DENIAL AND DIRECT REJECTION LETTER TO BE SENT) Mayor Mackey commented on Item A-12 that there is a need for a traffic light on Highway 41 at West Mall and Traffic Way. Mr. McPherson stated that the City' s share to initiate the project would be approximately $50, 000. Mayor Mackey reviewed all items on the Consent Calendar. MOTION: Councilman Wilkins moved to approve Items A-1 through A-14 of the Consent Calendar. The motion wassecondedby Council- man Stover and unanimously carried by roll call vote. B. HEARINGS,- APPEARANCES AND REPORTS 1. Public hearing on Ordinance No. 70, Building Regulations second reading Elliott Stevenson stated that he is in favor of adopting the 1982 Uniform Building Code. He objected to Section 8-2 . 103 of the pro- posed Ordinance No. 70 and stated that plastic skylights should be permitted. John Kennaly` objected to several items on Table 4-3 for Horizontal Distance Separation. Mr. Warden stated that if changes are requested by Council then the hearing must be continued to the next meeting and the changes would necessitate a first reading. MOTION: Councilman Nelson moved to send the building regulations back tostafffor reconsideration and to continue the hearing to the next meeting. The motion was seconded by Councilman Wilkins and unanimously carried. 2. Recreation Departmental Report Skip Joannes presented the Recreation Departmental report. He presented the 1982-83 Fiscal Year revenue and expense. He stated that the department is 70 percent self sufficient. Councilman Stover commended the Recreation staff for doing a good job. -3- 0' • MINUTES - ATASCADERO CITY COUNCIL - OCTOBER 10, 1983 C. UNFINISHED BUSINESS 1. Resolution No. 40-83 establishing fees for permits, plan reviews and other activities undertaken pursuant to building and construction regulations Mike Bewsey, member of the Board of Appeals, felt that the $250 charge for an appeal fee is too high. He also felt that the fees for building permits are a drastic increase and should be phased in. Elliott Stevenson stated that he was against the fee for the Board of Appeals. Mr. Warden stated that the appeal fees are taken from a national average and those which are not are designed to recover costs to the City of handling the particular matter. MOTION: Councilman Nelson moved to postpone this matter and consider it with the building code. The motion was seconded by Councilman Wilkins and unanimously carried. D. NEW BUSINESS None E. ATASCADERO COUNTY SANITATION DISTRICT None F. INDIVIDUAL DETERMINATION AND/OR ACTION 1. City Council None 2. City Attorney None 3 . City Clerk None 4. City Treasurer None -4- MINUTES - ATASCADERO CITY COUNCIL - OCTOBER 10, 1983 5. City Manager None The meeting adjourned at 8: 20 p.m. Recorded by: BARBARA NORRIS, City Clerk By: PATSY A. HESTER Deputy City Clerk . -5- -AG7-NDA RESOLUTION NO. 45-83 RESOLUTION ACCEPTING WORK AND GIVING NOTICE OF COMPLETION FOR INSTALLATION OF 'ALVORD FIELD LIGHTING (BID NO 83-4) WHEREAS, the Atascadero City Council did, on May 23 , 1983, award a contract to Lee Wilson Electric Company, P. 0. Box 250, Arroyo Grande, California, 93420 , for installation of 'lighting; at Alvord Field (Bid No. 83-4) ; and WHEREAS, the City Engineer has certified that said work has been completed in accordance with the provisions of the contract. NOW, ,THEREFORE, BE IT RESOLVED that said work is accepted as completed on October 17, 1983 , and the City Clerk is hereby di- rected to file 'a notice of completion in the office of the Rec- order of the County of San Luis Obispo. On motion by Councilman and seconded by Councilman the Atascadero City Council hereby adopts the fore- going proposed resolution in itsentiretyon the following roll call vote: AYES NOES- ABSENT: ADOPTED: MARJORIE R. MACKEY, Mayor ATTEST: BARBARA NORRIS, City Clerk APPROVED AS TO FORM as)- ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT; 4R4RAYL.411ARMN=, �City` Manager NOTICE OF CONTRACT /Completion • Date October 17, 1983 TO City Manager FROM: Public Works Department 1. Contract No. 83-4 dated for Alvord Field Li9thtinQ 2. Contractor Lee Wilson Electric Company_ P.O. Box 250 Arroyo Grande, CA 93420 3. Work to commence by Commenced work on Contract completed on 10-17-83 Total days Contract days allowed extensions 0 Total 4. Remarks LE ►,. r c G-�24- kms-( c�,f �,. crf lc�4 Signed. .% cc: Contractor Finance October 17, 1983 Date MEMO TO: Finance Director SUBJECT: Progress Payment CONTRACT # 83-4 Alvord Field Lighting REF: P.O. # AMOUNT: 33,574.00 CODE # Please Pay: Lee Wilson Electric Company P.O. Box 250 Arroyo Grande, CA 93420 For Progress Payment No. 1 Final: YES / ISI VALUE OF WORK TO DATE: $33,574.00 Less: 10% Retention $ 3,021.66 Progress Payment No. 1 27,194.94 PAY THIS AMOUNT - - - - - - - - - - - $ 27,194.94 PUBLIC WORKS DEPARTMENT J.AWRENCE McPHERSON Director of Public Works AGENDA Li • M E M O R A N D U M TO: CITY COUNCIL October 18 , 1983 FROM: PLANNING DIRECTOR SUBJECT: Acceptance of LOT LINE ADJUSTMENT LA 830506:1 "LOCATION: 8315 Portola Road (Ptn Lot 10 , Block 6) APPLICANT: J.C. Hardwick (Twin Cities Engineering) On June 27, 1983, the City Council approved Lot Line Adjustment LA 830506 :1, subject to certain conditions and in concurrence with the recommendation of the Planning Commission. The zoning is RSF-Y and the General Plan Designation is Moderate Den- sity Single Family Residential. Staff review has determined that all conditions of approval have been met. On October 17, 1983, the Plan- ning Commission reviewed the matter on its Consent Calendar and rec- ommends acceptance of the Final Map. LAWRENCE STEVENS MU Y- L. ARDEN Planning Director C'_ y Ma ger Ps • s • tq Q a� Pa�eel 1 T 1.65 4o., 0 0 tiv + A� � h hp • y _ x 'o N A ti >>qe GINE BEARING DISTANCE N 87159'00 25.68 CURYE RADIUS DEL TA AAC' J 925.00 35,9'J.4' 64.37 f'a�ce1 O.5J40. �lP � h o - a -_ CJ 65 39 LY N 67- p 75 0 fp�d AGENDA M d a TES • M E M O R A N D U M TO: CITY MANAGER October 18, 1983 FROM: PLANNING DIRECTOR SUBJECT: LOT LINE ADJUSTMENT 1-83 LOCATION: 8325 Sierra Vista & 8520 Casanova (Lots 56,57 , Block 31) APPLICANT Gaylen Little REQUEST: To adjust the existing lot lines to create additional. room to expand driveway and turn-around area for ,Parcel A On October 17, 1983, the Planning Commission reviewed the above sub- ject matter unanimously (with Commissioners Sherer, Summers and Chair- man Lilley absent') approving the Lot Line Adjustment subject to the Findings and Conditions as listed in the attached Staff Report. There • was no discussion as the item was reviewed as part of the Consent Calendar. No one appeared on the matter. Jeww LAWRENCE STEVENSU RAY WARDEN Planning Director ty M ager Ps • ■ �' • V CITY OF ATASCADERO { 1 I9Ys 1979 Planning Department October 17, 1983 �w STAFF REPORT SUBJECT: LOT LINE ADJUSTMENT 1-83 LOCATION: 8325 Sierra Vista & 8520 Casanova (Lots 56,57, Block 31) APPLICANT: Gaylen Little REQUEST: To adjust the existing lot lines to create additional room to expand driveway and turn-around area for Parcel A. BACKGROUND 1. Existing Zoning: RS (Residential Suburban) 2. General Plan: Suburban Single Family Residential 3. Environmental Determination: The Planning Director has determined • the application to be a Class 5 (a) Categorical Exemption according to the provisions of the California Environmental Quality Act. 4. Site Conditions: The sites are located between Casanova Avenue- and Sierra Vista (through lots) at Casanova' s intersection with Carmelita. Parcel _A is 1.41 acres and Parcel B is 1.78 acres. They are each presently developed with a single family residence. The area is gradually to steeply sloped in nature with natural grasses and scattered oaks being the dominant vegetation. 5. Project Description: The applicants are proposing to adjust the lot line between the lots to enable Parcel A to have room to ex- pand a driveway and turn-around area for the residence,. The ex- change of land will be equal ( .11 acres each) SUBDIVISION REVIEW BOARD On October 6, 1983 the Subdivision Review Board met to discuss this matter with John Rennaly and Linda Roach, the applicants' engineers, Also attending were: Larry McPherson,_ Public Works Director; Fred Buss, Associate Planner; and Wayne LaPrade, Planning Commissioner. It was noted that Staff had no comments at that time. Lot Line Adjustment 1-83 (Little) FINDINGS 1. The application as submitted has been determined to be Categori- cally Exempt from the requirements of C.E.Q.A. 2. The application as submitted conforms with applicable subdivision regulations. RECOMMENDATION Based upon the above findings, the Planning Department recommends ap- proval of Lot Line Adjustment 1-83 subject to the following conditions 1. The lot line adjustment as shown on the map attachment provided herein shall be submitted in Final Map format to be approved by the Planning Department proir to recordation by the County Record- er ' s Office. 2. The proposed adjusted lot lines shall be surveyed and monuments set at the new property corners prior to recordation of the Final Map. 3. The location of all improvements and easements shall be delineated on the Final Map. 4. Approval of this Lot Line Adjustment shall expire two years from the date of final approval unless a time extension has been granted pursuant to a written request prior to the expiration date. ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. t REPORT PREPARED BY: ,AAM,r GRIP P1 nning Intern REPORT APPROVED BY• �.crJ/'�G ' ' LA RENCE STEVENS-/ Planning Director Ps 2 Z 19 101 ^� h 20 h ,� 21 " v lQg 100 22 -3 302 T 24 � j . X72 8w5 �. gt9o107 09 .7399� 816 5 g5 186 A03 98 xp 97 gni- p a t rod B-110 gr* 104 8s 70 79 so 95 d,®1 94 rr r>t Tt -78 cJ, ria° nas: hr F9 °� �s 77 92 �� 92 9 � 8'3 ) 93 6o9C, 6484 Go7 ' 8e3 �` '0 83� z 14 A 6 _. 31 2A o 'D (b 870oas 87' 8�S 8Z� \ g63 36 o 28' Se 9 � �i(ol 64 B'�Z5 1D 0� 39 90 s 4Q ' 55 f m 3S 0 60 63 6z e h4'5 � 5' 4Z 44 49 52 54 A� A 0 50 0.y\ ,T A AS 4853" L, 'Pp Cq . h 47 G ION� +t.00AT1oN A 201v� (FH) t,0-C LINE ADSt)5TMENT LL1-03 16 � ti 93115 5102VA U151A � 620 CA�RI�IOVA► � � t' LOTS �'? j55(o �,WGK 31 r2 - l O Z - vq 5 a5 GPS �G 21 o 0 e o f QQ \J NnU 9 WW _. QCb c� aL a a X+ °tW —' »R • M E M O R A N 'D U M TO CITY MANAGER October 18, 1983 FROM: PLANNING DIRECTOR SUBJECT: ZONING ORDINANCE TEXT AMENDMENT 1-83 APPLICANT: Initiated by Planning Commission REQUEST: To consider allowing second residential units such as granny flats and companion units in residential and agri- cultural zones. On August 15, September 6_ and September 19, the Planning Commission conducted public hearings on the subject matter. The Planning Commis- sion recommends (with Commissioner Sherer and Chairman Lilley dissen- ting) adoption of an ordinance to permit second residential units sub- ject- to certain criteria (i.e. limited duration, immediate family oc- cupancy, mobilehomes only, common utilties) as outlined on pages 14 • and 15 of the attached Staff Report. The Planning Director recommends that second units not be allowed and that Findings required, by ,Govern- ment Code Section 65852. 2 be adopted. There was considerable discussion among the Commission related to the following matters: - prohibition of second units - temporary units versus permanent units - types of age restrictions,- if any parking and access - separate or combined metering appropriate zones for second units types of approval processes involved - unit sizes A series of alternatives included in the Staff Report was also thor- oughly discussed at the hearing. There was considerable public tewimony in support of allowing second units. The attached minutes for the three hearings summarize those comments. IVJ S �0 tit rcI rT5 . {F' # t 14- IVCW" it r 07 LAWRENCE STEVENS Y L WARDEN Planning Director '� C'i y Ma ager' (LTA's 0 06"t"T*. moon •'611 CITY OF ATASCADERO • Isis caves, Planning Department September 19, 1983 X STAFF 'REPORT SUBJECT: ZONING ORDINANCE 'TEXT AMENDMENT 1-83 APPLICANT: Initiated by Planning Commission REQUEST: To consider allowing second residential units such as granny flats and companion units in residential and agri- cultural zones. PAST -ACTION At its August 15th meeting, the Planning Commission reviewed this matter and endorsed the concept of allowing second residential units on single familyresidentially zoned property. At the conclusion of the discussion, the Commission continued its public hearing and di- rected Staff to prepare some alternative ordinances focusing around the issue of permanent and temporary units. The Planning Commission appeared to agree on the following items, but wanted toreview speci- fic ordinance proposals: 1) That no limit beset on the age of an occupant 2) That units be allowed in all single family residential zones 3) That the approval process be as simple as possible 4) That the existing standards for setbacks and lot sizes are sufficient 5) That utilities be point with the``main '-.residence b) That parkingasprovided-in the- zoning ordinanceis sufficient 7) That the unit' s size be limited to 800 1000 square feet 8) That the owner .be an occupant of one of the units on the site 9) That no limits be placed on the economic level of the resident PAST ACTION At its September 6, 1983 meeting, the Planning Commission reviewed several proposals for the establishment of second residential units in single family residentially zoned areas. The Commission directed Stuff to prepare a draft ordinance for review that would allow for the establishment of a second residential unit as follows Zoning Ordinance Text Amendment 1-83 1) The second unit to be temporary and have a non-permanent foundation. 2) The second unit be allowed for 2-3 years with a periodic review. 3) That one of the units be owner-occupied and that the other unit be occupied by members of the immediate family. 4) That the second unit have a maximum of 800 square feet of floor area. 5) That approval be by way of Adjustment or similar Staff approval. 6) That the utilities for the second unit be metered through the main house. 7) Second units to conform with existing setback requirements. 8) Guest houses without kitchen facilities to still be allowed. 9) No minimum lot size to be required. 10) Parking to be reviewed by Staff. BACKGROUND 1. Existing Zoning Regulations: None of the affected residential and agricultural zones (RS, RSF, LSF and A) would allow for second residential units to be established on the same lot as an exist- ing residence, except for the A Zone which allows "Primary Family Housing" and "Farm Support Quarters" as allowable uses- subject to certain standards set forth in Section 9-6 .109___ _ (Residential _ Uses in the Agricultural Zone) . It should be noted that a guest house (which cannot have separate kitchen facilities or be used as a rental) is an allowable Residential Accessory Use in. the RS, RSF, LSF and A Zones subject to standards set forth in Section 9-6. 106 (b) . 2. General Plan: The Housing Element contains one policy statement regarding affordable housing within the City. As stated on Page 139 : "It is desirable to encourage residential projects to provide housing units affordable to persons with low and moderate incomes by offering developers either a density bonus or other bonus incentives. The type of bonus shall depend on the individual project, its location and site characteris- tics. A bonus shall only be offered where adequate guaran- tees are made to assure the desired results. " 2 • ! Zoning Ordinance Text Amendment 1-83 The General Plan also notes four goals for housing within the com- munity, including adequate housing for all residents, freedom of selection of type of housing, a range of selection in the price and type of housing, and, to have the Housing Element act as a guide for Government pensions that may affect the quality and in- ventory of the housing stock within the community. Of these goals the General Plan notes that all goals are generally being met with the exception of the provision of adequate housing for the lower income persons. 3. Environmental Determination: The Planning Director has determined that this project is a Categorical Exemption according to the pro- visions of the California Environmental Quality Act (CEQA) . 4 . State Regulations: Over the past few years, the State Legislature has taken a keen interest to housing problems. To this end, sev- eral new laws have been enacted to try to lower the cost of hous- ing in the State. Most of these laws provided more direction to local communities. These new laws have included the allowing of density bonuses for providing for low cost housing in subdivisions and multifamily residential developments, and allowing for mobile- homes on permanent foundations to be treated as standard single family residences. The two newest bills again give more direction to local communities. Both bills give cities authority they al- ready have, i.e. to allow second residential units in single fam- ily zones. S.B. 1160 (granny housing) allows the City to provide second res- idential units on single family lots for one or two persons over 60 years of age. The Bill outlines that communities may allow these units with the approval of a Conditional Use Permit, Vari- ance or special permit. The Bill allows that the unit may be limited to 640 square feet, and may apply development standards to the establishment of the granny unit. S.B. 1543 (second _residential- unit) permits _the City to allow second units within any single family residential zone. The law requires the City to review the need for additional units by July 1, 1983 or within 120 days of receiving a use permit appli- cation after that date. The law contains various standards which may be used if the City does not adopt its own regulations. If the City decides not to provide for the second units, the City must make specific findings as to its action limiting the housing op- portunities within the region and as to the adverse impacts on the public health, safety, and welfare that would result if second units are approved. Copies of these Government Code provisions are attached. STAFF COMMENTS AND ANALYSIS Data obtained from the Housing Authority notes that the average County rent is $330.00 a month for a one bedroom home. It was also indicated 3 Zoning Ordinance Text Amendment 1-83 that an approximate 1% vacancy rate exists in Atascadero. 1980 census information points out that, at that time, the median rent was $258 and that approximately 800 units were in that category or below. Since the census, the City has approved several large projects that are directed towards low-moderate income persons and seniors. Census data shows that a total of 1119 households are 65 years or older (18%) and of these, 231 are renters. Of the targeted income group, 819 households existed within the City in 1980 , 13% of the total households. The concept of providing affordable housing undoubtedly is an admir- able goal of any community and is so stated in the General Plan. But like most goals, questions arise as to how to achieve these goals. The proposal to add companion or granny housing seems, on the surface, to be one way to provide additional housing. There is little question that at least some affordable housing will be made available to the targeted group by allowing second units in some form. However, the enacting of such an ordinance will not necessarily satisfy the needs of the senior citizens or the low-moderate income families. It seems that the approach taken by the State to solve the "housing crisis" is to blame local government land use policies. This local control is the most cherished benefit of cities. It seems highly illogical to solve social problems through zoning, especially when much of the responsibility for the problem cannot be reasonably placed on zoning. The major question that is raised concerning this proposal is that of the concept of a single family residential zone. The proposed State law changes the traditional concept of a single family unit on a sep- arate lot to one of two residences on a lot. While this may be ac- ceptable for certain limited purposes such as in-law units or senior units, it seems particularly unpalatable when opened to all uses as is contemplated by SB 1543 . The potential "doubling" of the density of development raises several questions particular to Atascadero, especially in light of goals to keep a rural atmosphere and holding to a low density type of development. The City' at present" has " a sub- stantial amount of land still available. for residential. _ development that will undoubtedly be able to meed some of the housing needs of seniors and low-moderate income families for the future_, while still maintaining the lifestyle and community identify associated with Atascadero. To assist in the review of the many separate issues, the Staff has broken the remainder of the report into separate sections so that individual issues can be easily identified for discussion and decision. Limiting Second Units to Occupants by Age: It is not doubted that a need for senior housing exists within the community and some action to modify the zoning ordinance could lead to lower cost housing for some seniors or allow them to retain their homes. 4 • • Zoning Ordinance Text Amendment 1-83 A recommendation to limit the use of second units to a specific age limit could also raise not only enforcement problems but legal ques- tions. It seems discriminatory to limit the units to residents over 60 years of age while excluding other groups solely due to their age. The question of enforcement could also lead to some difficult circum- stances where the City would be asking for proof of age. Generally, seniors represent a popular and vocal group which very few object to accommodating. As noted previously, limitations on the occupant by number, age, etc. are the most difficult to enforce. Companion Units: Allowing companion units would undoubtedly add to the number of units available for rental to residents of the community. If the units are simply allowed without any age restrictions, the problem of enforce- ment and regulation of use to a specific age group would be elimin- ated. There is, however, little guarantee that having more units available will improve the housing circumstances of the groups which are suffering most from lack of housing because there is little as- surance that rents, financing, construction costs, etc. will be such that companion units will be affordable. Use of Temporary Structures: The restricting of second units to temporary structures could correct several problems noted for the permanent units. A time limit on the existence of a unit on the site would definitely limit the possible occupants to those willing to abide a short-term use of a unit and those needing housing assistance on a short-term basis (i.e. in-laws) . The cost of the unit would be lower than the standard stick-built house and the time needed to prepare the unit for occupancy would also be reduced. Problems with a temporary unit would- center around-the visual effects of a trailer and/or the demolition or conversion of an existing stick- built house. The problem could arise that guest houses would simply be changed back and forth from guest houses to a rental unit. Visual problems caused by the use of a trailer could be mitigated through development standards to overcome neighor complaints. Provision could also be made to assure that sites are returned to a state comparable to those before the unit was established with bonds or similar per- formance guarantees. Enforcement could be an added burden requiring periodic site checks and contacts to assure that a temporary unit was removed or not reconverted. If temporary units are deemed appropriate, they could have renewal clauses, but clearly some periodic Staff review would be needed. Tem- porary units are not likely to solve any of the perceived housing problems through increased housing supply, but rather will likely solve only short-term, familial housing needs of the resident and his family. 5 0 • Zoning Ordinance Text Amendment 1-83 Use of Permanent Structures; The use of permanent structures as granny flats or companion units would establish the use permanently on the site since stick-built units are not likely to be required to be removed - even if occupied in an illegal manner. The basic question here is whether or not the units should be permanent units to remain on the site for the present and future owners' use. A permanent structure would potentially fit better visually into the community than a temporary one. However, density controls established in the General Plan could be adversely affected if such units are established on any widespread basis. Limitation by Zone Districts: The directing sections of the State law point out that Cities may al- low second units on single family zoned property. Each zone has its own set of potential problems and solutions to allowing second units. A (Agricultural) - The A Zone is presently limited to agricultural preserve areas consisting of three areas of larger than normal lot size. RS (Residential Suburban) The RS Zone is the major zoning dis- trict within the residential areas of the community with characteristic lot sizes varying from 2 1/2 acres and 10 up. The existing zoning allows for no real separate single family residential use except with a guest house. Lot sizes in this zoning district could support the ad- dition of units but when considering that the entire area is not served by sewer, a septic problem could occur. Even with systems designed in conformance with the UBC and City codes, there is no assurance that sep- tic tank or leach field problem on an accumulative basis might have an- impact. RSF (Residential Single Family) - The RSF zoned areas of the com- munity can be characterized as being closer in to the center of the community with a large part of the area zoned RSF being served by sewer at the present time. Lot sizes are generally in the area of 1 to 2' 1/2 acres in size, though small lots also abound. Lot sizes in the upper ranges would tend not to be a problem with regard to proximity to neighbors. LSF (Limited Single Family) - The LSF Zone is essentially the same as the RSF, however, the areas tend to be closer to the center of the community and have a greater number of smaller lots. The areas tend to be sewered. A problem of close proximity of additional units to neighbors and the smaller lots without sewer could be a problem. Process for Approval: 6 M • zoning Ordinance Text Amendment 1-83 The new zoning ordinance provides five ways to approve any one project under the zoning ordinance, Conditional use Permit, Variance, Precise Pian, Adjustment and Plot Plan. Conditional Use Permit/Variance - The use of these approval pro- cesses would be the most thorough with the public hearings and notification of adjoining properties within 300 feet. The usual time processing would be the longest of the approvals and fees are the highest. If one of these processes is used, it would be preferable to use the CUP process to approve a project as opposed to a Variance. A CUP is a discretionary review meaning that de- nials are at least possible. Precise Plan - Presently, this is reserved for projects that would require an environmental determination. The laws providing for this type of use list the addition of a second unit as being Cate- gorically Exempt from Environmental Review. If this procedure is adopted for approval, a revision will have to be made to require a Precise Plan for second units. Standard could be set within the ordinance. Adjustment - An adjustment procedure would require a review by Staff and approval if certain standards are met and specified findings can be made. Plot Plan - A Plot Plan would be processed as a simple building permit. All conditions would have to be applied as a part of the building permit and will have to be specifically written out. Lot Size/Setbacks: One of the major problems foreseen by adding any type of second resi- dential unit will be the visual aspects of the unit. Second units, of course, will make any lot look more dense. Limitation of the use to larger lots could . reduce this- impa-ct to some extent. Smaller lots could be used but greater care and sensitivity to development stand- ards will be needed. The use of additional setbacks could decrease the impacts somewhat as could design standards for the units. Presently, if second units would abide with the existing zoning setback requirements of a 25 '-0" front setback, a 5 '-0" side setback, a 10 '-0" rear setback, and a 10 '-0" setback from another structure, additional setbacks could be imposed with regard to additional setbacks or to maximum distance from an existing house on the site. 7 0 zoning Ordinance Text Amendment 1-83 • Utilities: One method to assure that units are smaller in size physically would be to require that utilities be metered together. This would require a main house and a second companion unit tied to the main house. Utilities such as gas, electricity and water would be billed to the main house. This would tend to increase the total utility bill. If larger units are built, the bill will also grow. The inconvenience or splitting a utility bill would undoubtedly re- quire a closer coordination between tenant and landlord. Such a standard can be effective in assuring an accessory relationship be- tween the main residence and the second unit. Access: No restriction now exists in the zoning ordinance to limit access to a site. A condition to require that access to a second unit be the same or substantially the same could again, out of convenience, require the developer to consider a smaller unit with a limited household size. It has also been noted that emergency vehicle access to the second unit may be critical especially if it is limited by occupancy to seniors. Parking: One aspect of a second unit that becomes apparent, and that is most commonly complained about, is parking. Second units invariably create additional cars and parking requirements, although seniors may be an exception to this rule. Under the existing zoning ordinance, a second unit would require the addition of two parking stalls to the required two for a single family residence. It would seem apparent that the present zoning standards are adequate for additional housing on a site. If appropriate, a revision to a lesser standard would require a revision to the parking standards specifically targeted_ for second units. This should not be done unless the units are limited to spe- cific groups with demonstrated needs for less parking. Unit Size: Unit size restrictions are proposed under the State legislation to hopefully reduce the impacts of second unit development. A restric- tion in unit size would hopefully limit the number of occupants and reduce the visual impact of the second unit. Alternatives in this area would be difficult to really justify in that minimal living areas are just that, minimal. The Uniform Building Code would allow units as small as 250 square feet and the State law would suggest 640 square foot units. A reasonable square footage lim- itation may be a percentage of the size of the main residence. 8 0 Zoning Ordinance Text Amendment 1-83 Occupancy by Owner of One of the Units: An option would be to require that the owner live on the site in the main house or i the second unit. This proposal could assure that a unit will be kept up and that an owner occupant would have more con- trol over the actions of a tenant. A question of enforcement could be raised in that we do not require an owner to occupy a unit in other circumstances, but this appears to be a forced approach among cities allowing second units. Enforcement problems could result especially with a change of ownership. Deed restrictions could be used to mini- mize this problem. Occupancy by Economic Status: An ordinance could include a requirement that performance and manage- ment agreements be entered into, similar to the existing density bonus section of the zoning ordinance to assure that the unit be used by targeted income families. As to the form and content of such agree- ments, some further research would be required. In checking with the housing authority, provision could be made but no assurance can be made at any one time that a qualified family would be available for the unit or that the landlord would accept the tenant. REVIEW OF ALTERNATIVES Alternative #1 1) Add "secondary residential unit" as an Allowable Use in the RS Zone (Section 9-3.142 (r) ) , the RSF Zone (Section 9-3.152 (0) ) , and the LSF Zone (Section 9-3. 162 (1) ) . 2) Add the following Land Use Description in proper alphabetical se- quence to Section 9-3. 701: Secondary Residential Unit: A separate residential unit, for which no rental payment, income or other form of remuneration is received, containing sleeping quarters, kitchen and bathroom facilities, estab- lished on a lot already containing a single family dwelling. 3) Delete Subsection (b) of Section 9-6.106 entitled "Guesthouses" and reletter remaining Subsections and delete the definition of "Guesthouse" from Section 9-9.102. 4) Add the following standards for secondary residential units: Section 9-6.144. Secondary Residential Units. A dwelling unit in the RS, RSF and LSF Zones allowed as a secon- dary use to an existing single family dwelling on the same site shall be subject to the standards of this Section. 9 0 0 Zoning Ordinance Text Amendment 1-83 a) Status of Residents. The occupants of either the secondary residential unit or the single family dwellings shall be the owner of the property. b) Floor Area Limitation. Secondary residential units shall be limited to a floor area not greater than 50% of the floor area of the single family dwelling on the site, with a max- imum floor area of 800 square feet. Garages, unenclosed porches, unenclosed patios and similar structures shall not be calculated as floor area. C) Type of Construction. Secondary residential units shall be site-built housing or factory-built housing placed on ap- proved permanent foundations meeting the requirements set forth in Section 9-6.142. d) Parking Requirements. Two parking spaces located outside of the required front yard shall be provided for the secon- dary residential unit. e) Utilities. All utilities including but not limited to gas, electric, sewer and water shall be connected with the single family dwelling with no separate meters being provided. If a private sewage disposal system is allowed, the secondary residential unit shall be connected to the same system, which may be expanded, as the single family dwelling. f) Supplementary Statement. The application shall include a written statement from the property owner indicating that the owner is aware of and intends to comply with the standards governing secondary residential units. The property owner shall submit to the Planning Department an annual . written statement in January of each year to verify continuing com- pliance. Prior to occupancy of the secondary residential unit, a covenant- detailing the limitations on the unit shall be recorded with the County- Recorder ' s Office. Alternative #2 1) Same as #1 of Alternative #1 2) Add the following Land Use Description in proper alphabetical se- quence to Section 9-3. 701: Secondary Residential Unit: A separate residential unit, for which no rental payment, income or other form of remuneration is received, containing sleeping quarters, kitchen and bathroom facilities, established for a lim- ited duration on a lot already containing a single family dwelling. 10 i 0 • Zoning Ordinance Text Amendment 1-83 3) Add the following standards for secondary residential units: Section 9-6.144. Secondary Residential Units. A temporary dwelling unit in the RS, RSF, and LFS Zones allowed as a seondary use to an existing single family dwelling on the same site shall be subject to the standards of this Section. a) Status of Residents. The occupants of either the secondary residential unit or the single family dwelling shall be the owner of the property. The remaining dwelling is allowed for use by the immediate family of the property owner. The ap- plication shall include identification of the immediate fam- ily members which are to occupy the dwelling, which may in- clude only . grandparents, parents, children, grandchildren, sisters and brothers of the property owner or spouse of the property owner. b) Type of Construction. Secondary residential units shall be factory-built housing placed on approved permanent founda- tions meeting the requirements set forth in Section 9-6.142 or may be site-built housing designed to be easily relocated from the site or to be converted to a conforming residential accessory use. C) Parking Requirements. No improved parking is required pro- vided sufficient usable area is available to accommodate all resident vehicles on site and outside of the required front yard. d) Utilities. All utilities including but not limited to gas, electric, sewer and water shall be connected with the single family dwelling with no separate meters being provided. If a private sewage disposal system is allowed, the secondary res- idential unit shall be connected to the same system as the single family dwelling. e) Special Standards. 1) An approval for a secondary residential unit shall be granted for a period of two years. The Planning Depart- ment shall extend the approval for additional periods of two years where the applicant demonstrates continuing compliance with standards governing secondary residen- tial units. 2) A secondary residential unit shall be removed from the site (if not site-built housing) or converted to a conforming residential accessory use (if not a factory- built dwelling) at such time as it is no longer occupied as specified in this Section. 3) Approval of a secondary residential unit is not trans- ferable to another owner if the property is sold. 11 • 0 Zoning Ordinance Text Amendment 1-83 f) Supplementary Statement. The application shall include a written statement from the property owner indicating that the owner is aware of and intends to comply with standards gov- erning secondary residential units. The property owner shall submit a request to the Planning Department every two years to renew the approval. Alternative #3 1) Modify the Land Use Description (Section 9-3.701) for "Residential Accessory Uses" by adding the following sentence: " . . . . . . Includes secondary residential unit. " 2) Add the following definition in proper alphabetical sequence to Section 9-9.102: Secondary Residential Unit. A separate residential unit, from which no rental payment, income or other form of remuneration is received, containing sleeping quarters, kitchen and bathroom fac- ilities, established on a lot as an accessory use to an existing single family dwelling. 3) Replace Subsection (b) of Section 9-6.106 with the standards set forth in #4 of Alternative #1. Alternative #4 1) Same as #1 of Altertnative #3 2) Add the following definition in proper alphabetical sequence to Section 9-9.102: Secondary Residential Unit. A separate residential unit, for which no rental payment, income or other form of remuneration is received, containing sleeping quarters, kitchen and bathroom fac- ilities, established for a limited duration as an accessory use to an existing single family dwelling. 3) Add subsection (d) to Section 9-6.106 with the standards set forth in #3 of Alternative #2. Alternative #5 1) Add "secondary residential unit" as a Conditional use in the RS Zone (Section 9-3.143 (u) ) , RSF Zone (Section 9-3.153 (1) ) and the LSF Zone (Section 9-3. 163 (k) ) . 2) Same as #2 of Alternative #1 3) Same as #3 of Alternative #1 12 Zoning Ordinance Text Amendment 1-83 4) Same as #4 of Alternative #1 FINDINGS 1. Amendment of the Atacadero Municipal Code to allow for temporary secondary residential units in single family residential zones is intended to facilitate increased demand for additional short-term shelter needs of family members. 2. Secondary residential units, as proposed, will allow - for short- term shelter meeting the needs of family members. 3. Proposed development standards are necessary and appropriate to assure that temporary secondary residential units will not ad- versely affect the existing single family residential neighbor- hoods in which they will be located. 4. Approval of this project is consistent with Section 65852. 2 (a) of the Government Code. 5. This project is exempt from the provisions of the California En- vironmental Quality Act. RECOMMENDATION 0 The Planning Department recommends that second residential units not be allowed. If the Planning Commission decides to allow second residential units, Staff would suggest the following: 1) That units not be limited to persons over 60 or immediate family members or persons within a specified targed income group. 2) That units be temporary (either mobilehome or modular) with maxi- mum at three years with one year renewals. 3) That second units be allowed in the RS and RSF zones only. 4) That units be approved by adjustment procedure. 5) That no special lot size be established for second units. 6) That no special setbacks be established. 7) That utilities be together for gas, water, sewer (or septic) or electricity. 13 Zoning Ordinance Text Amendment 1-83 8) That no restrictions be placed on access. 9) That no new parking requirements be set for second units. 10) That size be limited to no greater than 50% of the floor area of the main residence but not to exceed 800 square feet. 11) That the property owner be required to reside in one of the units and that upon sale a new approval is required. 12) That guesthouse be eliminated as "Residential Accessory Use" The Planning Department ranks the five Alternatives provided as follows: 3, 1, 4, 2, 5 Based upon the Findings, the Planning Commission recommends approval of Zoning Ordinance Text Amendment 1-83 as follows: 1) Modify the Land Use Description (Section 9-3.701) for "Residen- tial Accessory Uses" by adding the following sentence: " . . . . includes temporary secondary residential units. " 2) Add the following definition, in proper alphabetical sequence, to Section 9-9.102: Secondary Residential Units. A separate residential unit, con- taining sleeping quarters, kitchen and bathroom facilities, estab- lished for a limited duration on a lot already containing a single family residence. 3) Add the following standards for secondary residential units as a Subsection to Section 9-6.106 (Residential Accessory Uses) : (e) Secondary Residential Units. A temporary dwelling unit in the RS, RSF and LSF Zones allowed as a secondary use to an existing single family dwelling on the same site shall be subject to the standards of this Section. (1) Status of Residents. The occupants of either the secondary residential unit or the single family dwelling shall be the owner of the property. The remaining dwelling is allowed for use by the immediate family of the property owner. The application shall include iden- tification of the immediate family members which are to occupy the dwelling, which may include only grandpar- ents, parents, children, grandchildren, sisters and brothers of the property owner or spouse of the property owner. 14 • • Zoning Ordinance Text Amendment 1-83 (2) Type of Construction. Secondary residential units shall be a mobilehome placed on approved foundations meeting the requirements set forth in Title 25 of the California Administrative Code. Mobilehomes shall not include tent trailers, recreational vehicles or similar vehicles. (3) Parking Requirements. No improved parking is required provided sufficient useable area is available to accom- modate all resident vehicles on site and outside of the required front yard. (4) Utilities. All utilities including but not limited to gas, electric, sewer and water shall be connected with the single family dwelling with no separate meters being provided. If a private sewage disposal system is al- lowed, the secondary residential unit shall be connected to the same system as the single family dwelling. (5) Special Standards. (i) An approval for a secondary residential unit shall be granted for a period of three years. The Plan- ning Department shall extend the approval for ad- ditional periods of three years where the applicant demonstrates continuing compliance with standards governing secondary residential units. (ii) A secondary residential unit shall be removed from the site at such time as it is no longer occupied as specified in this Section. (iii) Each mobilehome is to be equipped with skirting or be provided with a support pad which is recessed to give the- appearance of - a mobilehome "located on grade. (iv) Approval of a secondary residential unit is not transferable to another owner if the property is sold. (v) The usable floor area of the mobilehome shall not exceed 800 square feet. (6) Supplementary_ Statement. The application shall in- clude a written statement from the property owner indi- cating that the owner is aware of and intends to comply with standards governing secondary residential units.. The property owner shall submit a request to the Plan- ning Department every three years to renew the approval. 15 Zoning Ordinance Text Amendment 1-83 ACTION The Planning Commission should, by motion, direct Staff as deemed appropriate. REPORT PREPARED BY: OE MOSES ssociate Planner REPORT APPROVED BY: BtA LAWRENCE STEVENS Planning Director Ps 16 tems other than for the preservation or protection of the public health or safety. This prohibition shall be applicable to charter cities since the promotion of the use of nonfossil fuel sources of energy, such as solar energy and energy conservation measures, is a matter of statewide concern. This section shall not apply to ordinances which impose reasonable restrictions on solar energy systems. However, it is the policy of the state to promote and encourage the use of solar energy systems and to remove obstacles thereto. Accordingly, reasonable restrictions on a solar energy system are those restrictions which do not significantly increase the cost of the system or significantly decrease its effi- ciency, or which allow for an alternative system of com- parable cost and efficiency. For the purposes of this section, "solar energy system" shall have the same meaning as set forth in Section 801.5 of the Civil Code. (Added by Stats. 1978, Ch. 1154.) 65851. For such purposes the legislative body may divide Establishment of a county, a city, or portions thereof, into zones of the zoning districts number, shape and area it deems best suited to carry out the purpose of this chapter. (Added by Stats. 1965, Ch. 1880.) 65852. All such regulations shall be uniform for each Uniformity class or kind of building or use of land throughout each zone, but the regulation in one type of zone may differ from those in other types of zones. (Repealed and added by Stats. 1965, Ch. 1880.) 65852.1. Notwithstanding Section 65906, any city, includ- "Granny" housing ing a charter city, county, or city and county may issue a zoning variance, special use permit, or conditional use permit for a dwelling unit to be constructed, or attached to, a primary residence on a parcel zoned for a single-family residence, if the dwelling unit is intended for the sole occupancy of one adult or. two adult persons who are 60 years of age or over, and the area. of floorspace of the dwelling unit does not exceed 640 square feet. This section shall not be construed to limit the require- ments of Section 65852.2, or the power of local governments to permit second units. (Amended by Stats. 1982, Ch. 1440.) Note: Stats. 1982, Ch. 1440, also contains the following: Sec. 1 (a) The Legislature finds and declares that there Uncodified findings is an tremendous unmet need for new housing to shelter California's population. The unmet housing needs will be further aggravated by the severe cutbacks in federal housing programs. (b) The Legislature finds and declares that California's existing housing resources are vastly underutilized due in large part to the changes in social patterns. The improved utilization of this state's existing housing resources offers 83 an innovative and cost-effective solution to California's housing crisis. (c) The Legislature finds and declares that the state has a role in increasing the utilization of California's housing resources and in reducing the barriers to the provision of affordable housing. (d) The Legislature finds and declares that there are many benefits associated with the creation of second-family resi- dential units on existing single-family lots, which include: (1) Providing a cost-effective means of serving develop- ment through the use of existing infrastructures, as con- trasted to requiring the construction of new costly infra- structures to serve development in undeveloped areas. (2) Providing relatively affordable housing for low- and moderate-income households without public subsidy. (3) Providing a means for purchasers of new or existing homes, or both, to meet payments on high interest loans. (4) Providing security for homeowners who fear both crim- inal intrusion and personal accidents while alone. Provisions for second 65852.2. (a) Any city, including a chartered city, county, unit ordinances or city and county, may by ordinance provide for the creation of second units in single-family and multifamily residential zones consistent with the following provisions: (1) Areas may be designated in the jurisdiction where second units are permitted. (2) The designation of areas may be based on criteria, which may include, but are not limited to, the adequacy of water and sewer services and the impact of second units on traffic flow. (3) Standards may be imposed on second units which include, but are not limited to, parking, height, setback, lot coverage, architectural review, and maximum size of the unit. (4) A city including a chartered city, county or city and county may, in its discretion, find that second units provided for do not exceed _the allowable "density for the lot upon which it is located, and find that_ .second units are a residential use which is consistent with the existing general plan and zoning designation for the lot. (5) The second units created shall. not be considered in the application of any local ordinance, policy, or program to limit residential growth. (6) A city, including a chartered city, county, or city and county may establish a process for the issuance of a condi- tional use permit for second units. Applicability of subdivision (b) When a city, including a chartered city, county, or city and county, which has not adopted an ordinance govern- ing second units in accordance with subdivision (a) or (c), receives its first application on or after July 1, 1983, for a conditional use permit pursuant to this subdivision, the jurisdiction shall accept the application and approve or disapprove it pursuant to this subdivision unless it adopts an ordinance in accordance with subdivision (a) or (c) within 84 120 days after receiving the application. Notwithstanding th provisions of Section 65901, each city, including a charter city, county, or city and county shall grant a special use or a conditional use permit for the creation of a second residential unit if it complies with the following.- (1) ollowing:(1) The unit is not intended for sale and may be rented. (2) The lot is zoned for single-family or multifamily use. (3) The lot contains an existing single-family detached unit. (4) The second unit is attached to the existing residence and is located within the living area of the existing dwelling. (5) Whenever an increase in floor area is involved, it shall not exceed 10 percent of the existing living area. (6) Any construction shall conform to height, setback, lot coverage, architectural review, site pian review, fees, charges, and other zoning requirements generally applicable to residential construction in the zone in which the property is located. (7) Local building code requirements which apply to addi- tions to existing single-family dwellings, as appropriate. (g) Approval by the local health officer where a private sewage disposal system is being used, if required. As used in this subdivision, "living area" means the interior inhabitable area of a dwelling unit including basements and attics and shall not include a garage or any accessory structure. No other local ordinance, policy, or regulation shall be the basis for the denial of a building permit or a use permit under this subdivision. This subdivision establishes the maximum standards that cities, including charter cities, counties, and cities and counties shall use to evaluate proposed second residential units on lots zoned for residential use which contain an existing single-family detached unit. No additional stan- dards, other than those provided in this section, shall be utilized or imposed, unless there is -a.requirement _that an _ applicant for a permit issued pursuant to this subdivision shall be an owner-occupant. This section shall not be construed to limit the authority of cities, counties, and cities and counties which adopt less restrictive requirements for the creation of second resi- dential units. No changes in zoning ordinances or other ordinances or any changes in the general plan shall be required to imple- ment the provisions of this subdivision. Any city, county, or city and county may amend its zoning ordinance or general plan to incorporate the policies, procedures, or other provisions applicable to the creation of second residential units if these provisions are consistent with the limitations of this subdivision. A second residential unit which conforms to the require- ments of this subdivision shall not be considered to exceed the allowable density for the lot upon which it is located, 7-79134 $5 and shall be deemed to be a residential use which is consistent with the existing general plan and zoning desig- nations for the lot. The second units shall not be considered in the application of any local ordinance, policy, or program to limit residential growth. Necessary findings for (c) No city, including a charter city, county, or city and ordinance prohibiting county shall adopt an ordinance which totally precludes second units second units within single-family and multifamily zoned areas unless the ordinance contains findings acknowledging that such action may limit housing opportunities of the region and further contains findings that specific adverse impacts on the public health, safety, and welfare that would result from allowing second units within single-family and multifamily zoned areas justify adopting such an ordinance. Definition (d) As used in the section, a "second unit" is either a detached or attached dwelling unit which provides complete, independent living facilities for one or more persons. It shall include permanent provisions for living, sleeping, eat- ing, cooking, and sanitation on the same parcel or parcels as the primary unit is situated. Timing (e) This section shall become operative on July 1, 1983. Evaluation of local (f) Jurisdictions which adopt ordinances pursuant to sub- implementation division (a) or (c) shall submit a copy of such ordinances to the Department of Housing and Community Development within 60 days. The department shall submit a report to the Legislature, which shall transmit the report to the appropriate committees of the Legislature by January 1, 1984. The report shall evaluate the implementation of this section b local y governments and suggest any appropriate legislative changes. (Added by Stats. 1982, Ch. 1440.) Local mobilehome 65852.3. A city, including a charter city, county, or city zoning and county shall not prohibit the installation of mobilehomes certified under the National Mobile Home Construction and Safety Standards Act of 1974 (42 U.S.C. Section 5401, et seq.) on a foundation system, pursuant to Section 18551 of the Health and Safety Code, on lots zoned for single-family dwellings. However, a city, including a charter city, county, or city and county may designate lots zoned for single-family dwellings for mobilehomes as described in this section, which Jots are determined to be compatible for such mobilehome use. A city, including a charter city, county, or city and county may subject any such mobilehome and the lot on which it is placed to any or all of the same development standards to which a conventional single-family residential dwelling on the same lot would be subject, including , but not limited to, building setback standards, side and rear yard requirements, standards for enclosures, access, and vehicle parking and architectural, aesthetic requirements, and minimum square footage requirements. However, any architectural requirements imposed on the mobilehome structure itself, exclusive of any requirement for any and all additional enclosures, shall be limited to its roof over 86 MINUTES - ATASCADERO PLANNING COMMISSION Regular Meeting Monday, August 15, 1983 7:30 p.m. Atascadero Administration Building regular meeting of the Atascadero Planning Commission ' was called'-,,to order at 7 :30 p.m. by Vice Chairman Moore. The Ple ge of Allegian was led by Commissioner Sherer . ROLL CALL PRESENT: Commission s LaPrade, Sherer , Summers, ntzel and Vice Chairman Moo e ABSENT: Commissioner Car o11 and Chairman Li ey STAFF PRESENT: Fred Buss and el Moses PUBLIC COMMENT There was no public comment at th ' time. Chairman Lille is now resent - 7 :37 .m. Y P P A. CONSENT CALENDAR 1. Minutes of egular meeting of July 5, 1983 2. Minutes of regular meeting of July 18, 1983 3. Acct tante of Lot Line Adjustment LA 830113:1 at 9610 Ata a- d o Avenue - Barrett (Contract Survey and Design) MO , ON: Commissioner Summers moved to accept the Consent Calen- dar as presented. Commissioner Wentzel seconded the motion and it carried unanimously. B. PUBLIC HEARING \ 1. Public hearing on Text Amendment 1-83 concerning a proposed revision to Zoning Regulations (Title 9) to allow granny flats, companion units, and second unit residences in resi- dential and agricultural zones - Initiated by Planning Commission Minutes - Regular Ating - Planning C mmission• 8/15/83 Associate Planner, Joel Moses, presented the Staff Report briefly reviewing staff comments and analysis in considering second resi- dential units. Commissioner Summers inquired as to why the LSF Zone was not rec- ommended as a permitted zone for second units. Robert Sloane, Bella Vista resident, spoke in support of allowing second residential units stating that he would like to have his father who is quite ill be able to live near him but at the same time, still maintain his dignity and privacy. Bob Peck, Ardilla Road resident, noted he would favor allowing second units. Ruth McDaniel, Viejo Camino resident, stated she lives in a mobile home park and felt that a feasible alternative would be to have senior citizen mobile home parks. Glen Lewis, area resident, felt there should not be any age re- strictions and that handicapped persons should be included as a primary exception. Mr Lewis further commented that second units should not be limited to mobile homes or modular units and felt that separate meters should be allowed. Dennis Dakos, area resident, stated that problems associated with the matter could be resolved so that those in the community need- ing this type of housing could benefit. Jerry Suburt, Carmelita resident, spoke in favor of allowing the second units and felt that a three year time limit would be appropriate. Dee Sloane, Bella Vista resident, also noted her concurrence in allowing second units.-_ _ Dale Ziegler, Ardilla resident, felt that the--problems raised in the report could be resolved. Gus Borges, San Jacinto resident, felt that provision should be made to allow second units for younger people who are just start- ing out with new families and/or careers. Dorothy Webster, San Marcos resident, also noted her concurrence in allowing second units for older relatives, but felt that the unit should conform aesthetically to the primary residence. Hank Hohenstein, area resident, briefly commented on the zoning issues related to this matter and felt an ordinance should be adopted with a minimum number of restrictions. There was considerable discussion among the Commission on the var- ious issues raised in the Staff Report. The Commission also dis- cussed the matrix chart concerning some of the restrictions pro- posed. 2 Minutes - Regular Sting - Planning Commissiop 8/15/83 Points covered in discussion included: temporary units versus a permanent unit; types of age restrictions; if any, parking and access; separate or combined meters; what zones would be appro- 16 priate for second units; lot sizes; and what types of approval processes should be involved. Chairman Lilley called a recess from 9:20 p.m. to 9:31 p.m. Upon reconvening, further discussion ensued concerning whether or not the units should be temporary or permanent. MOTION: Commissioner Moore moved to continue the public hearing on Text Amendment 1-83 to the meeting of September 6, 1983 and ` to direct Staff to prepare a draft ordinance with alternatives to allow second units reflecting cri- teria previously discussed. Commissioner Moore seconded the motion and it carried unanimously. C. NEW BUSINESS ConsiderationofStaff Report on request for offs ' a signs for a church - United Methodist Church Fred ss noted that a letter has been received b the Planning Department requesting that the item be continued to the next reg- ular meeti as the representative was out of t n. 0 MOTION: Commis 'oner Wentzel moved to Conti e the matter to the Mee ' ng of September 6, 1983 Commissioner Summers seconded t motion and it carri d unanimously. D. INDIVIDUAL DETERMINATIONS A /OR ACTI N 1. Planning Commission - � - --- _ There was nothing to report at his 'me. 2. Planning Director There was nothing to report at this time. Meeting adjourned at 9 -40 p.m. MINUTES RECORDED BY: FRED BUSS Associate Planner MINUTES APPROVED BY: LAWRENCE STEVENS Planning Director 3 MINU'T'ES - ATASCADERO PLANNING COMMISSION Regular Meeting Tuesday, September 5, 1983 7:30 p.m. Atascadero Administration Building e regular meeting of the Atascadero Planning Commiss'on was called to order at 7 :37 p.m. by Chairman Lilley. The Pledge of Alle- giance wa led by Commissioner Summers. ROLL CALL PRESENT: Commissioners oore, LaPrade Sherer, Su ers and Chairman Lilley ABSENT: Commissioners Wentze and Carroll STAFF PRESENT: Larry Stevens, Joel ose , Greg Fuz, and Patricia Shepphard A. CONSENT CALENDAR 1. Minutes of regular me ting of August 15, 19 2. Acceptance of Fin '1 Tract Map AT 830307:1 at 735 El Camino Real - Dunn (Ass ciated Professions) MOTION: Commissio er Summers moved to accept the Consent Ca - dar as resented. Commissioner LaPrade seconded e motio and it -carried unanimously. _ FB_ UBLIC HEARINGS . Continued public hearing on Text Amendment 1-83 concerning a proposed revision to Zoning Regulations (Title 9) to allow granny flats, companion units, and second unit residences in residential and agricultural zones - Initiated by Planning Commission - Chairman Lilley briefly explained the actions taken by the Commis- sion at the previous meeting. Larry Stevens presented the Staff Report and reviewed five pro- posed alternatives of allowing second residential units. MINUTES - REGULAR *TING - PLANNING COMMISSIO0 9/6/83 There was discussion among the Commission on the proposed alter- natives primarily concerning floor area limitations and common utilities. Commissioner Sherer asked what differences there are between sec- ond units and guest houses. Eric Michiellsen, area resident, noted that he had obtained sev- eral ordinances from various cities and counties relating to second units and talked about the feasibility of enforcing some of the limitations placed on second units. Glen Lewis, area resident, felt that the number of restrictions should be kept _to a minimum mainly because of the enforceability problem and noted he would encourage both temporary and permanent types of housing. Doug Lewis, area resident, asked if an owner-occupied unit could be an absentee land owner and inquired about some of the proposed restrictions. Gus Borges, Alturas resident, felt that septic tank restrictions should be less as they apply to second units. Levi Barrett, Traffic Way resident, stated he was in favor of a 1,000 square foot size for second units. Dorothy Webster, San Marcos Road resident, stated she was in favor of allowing second units. Commissioner Summers felt that low-cost housing is a definite need in the community and felt that temporary housing would be a better alternative than permanent housing. Commissioner Sherer stated that he did not feel any of the alternatives were appropriate be- cause of the enforceability of the restrictions. Commissioner LaPrade suggested that perhaps a trial basis utilizing a temporary type of housing such as a mobile home (not on--a- permanent founda- tion) with a permit process and a renewal cycle would be appropri- ate. Commissioner Moore concurred with Commissioner LaPrade' s comments but felt that this type of housing should be available to older persons, not just relatives. MOTION: Commissioner Moore moved 1) That units be limited to a relative; 2) that the units be temporary with no foundation; 3) that an application process with a fee be applied; 4) that the RS and RSF Zones be designated as zones allowing second units; 5) that units be approved by an adjustment procedure; 6) that setbacks be adequate; 7) that utilities be metered 8) that no restrictions be placed on access or parking; 9) that the square footage be no more than 800 square feet. Commissioner LaPrade seconded the motion and it carried with Commissioner Sherer and Chairman Lilley dissenting. 2 MINUTES - ATASCADERO PLANNING COMMISSION Regular Meeting nday, September 19, 1983 At cadero Administration Building The reg ar meeting of the Atascadero Planning- ommission was called to or r at 7 :35 p.m. by Chairman Lilley. T Pledge of Alle- giance was led Commissioner Sherer. ROLL CALL PRESENT: Commissioners ore, LaPrade, Sherer , Carroll, Summers, Wentzel and Chair n Lilley ABSENT: None STAFF PRESENT: Larry Stevens, mi riffin, Joel Moses and Fred Buss PUBLIC COMMENT There was no public comment at this time. A. CONSENT CALF/DAR 1. Mi tes of regular meeting of September 6, 1983 2. Acceptance of Final Lot Line Adjustment LA 830517 :1 t . 10210 Atascadero Avenue- French (Morgan) MOTION: Commissionerr -WentzeI moved to accept _ he Consent Cale dar as presented. The:-motion was seconded by Commissio er Sherer and carried unanimously. B. PUBLIC HEARINGS 1. Continued public hearing on Text Amendment 1-83 concerning a proposed revision to Zoning Regulations (Title 9) to allow granny flats, companion units, and second unit residences in residential and agricultural zones - Initiated by Planning Commission Associate Planner, Joel Moses, presented the Staff Report and briefly summarized the actions of the previous hearings on this Omatter. ' w Minutes - Planning OmmissionRegular Meetinf- 9/19/83 Commission Moore asked what type of mobilehome foundation would be required. The Planning Director noted that a standard mobilehome park type of foundation would be appropriate. Commissioner Summers inquired about the status of guest houses and whether or not modular housing would be permitted. Commissioner Carroll asked what some of the surrounding cities had adopted for second residential units. Jim Carpenter , area resident, did not feel that"mobilehomes would be compatible for second units. MOTION: Commissioner Carroll moved to table Text Amendment 1-83 for a period of six months. The motion died for lack of a second. MOTION: Commissioner Moore moved to adopt a draft ordinance as submitted by Staff. Commissioner Summers seconded the motion and it carried with Commissioner Sherer and Chair- man Lilley dissenting. \Continued public hearing on Tentative Tract Map AT 1-83 =-to create four parcels from 15.14 acres from a portion of of 3 of-.Block 41 at 10800 San Marcos Road Lee (Twin Cities Engineering) Commissioner Sherer stepped down from the Commiss' n due to a possible conflict of interest. Associate Planner , \Fred Buss, presented the taff Report noting the actions taken at the previous hearings He briefly summarized findings and conditions for approval of a requested adjustment and parcel map. There was discussion among tfe Co , fission concerning the proces- sing halt affecting parcel-m"`s-,in the 3-FMeadowsarea. It was determined to start processi maps.,with the condition that such maps not be allowed to r ord until,`the road is paved to Highway 41. It was the consensu of the Commission that there was sub- stantial progress to aids achieving this goal and that lifting the processing halt now would allow applicants to begin the process. Mr. Stevens no ed that the Fire Chief would determine whether or not the exis - ng fire hydrant would need to be upgraded after a review of ydrant policies and standards. Allen mpbell, representing the applicant, stated he was in agree ent with the recommended conditions. \\ M ION: Commissioner Summers moved to approve issuance of, a Conditional Negative Declaration, approval of an Adjust- ment to the minimum lot size and approval of Tract Map le AT 1-83 subject to the Findings and Conditions as listed 2 . 3 • 11" 3 AGENDA IT • M E M O R A N D U M TO: CITY COUNCIL FROM: PLANNING DIRECTOR SUBJECT: 1982 Uniform Codes - Ordinance No. 70 At the hearing on October 10, 1983 the City Council continued the hearing to allow responses to be made on several issuesraised at that time. Skylights: Section 8-2.103 (page 6) proposes to include skylights within the fire-retardant roofing restrictions. Mr. Stephenson' s comments are well-taken and the Section has been modified to alow for plastic skylights. Leach Field Setbacks from Structures: Table 4-3 (page 12) proposes a 10 foot setback between a structure and • a leach field or seepage pit.- This figure was selected as a compro- mise between two conflicting standards which are 8 ' in the Uniform Plumbing Code and 20 feet in the Manual of Septic Tank Practice. Staff recommended 10 feet after discussing the matter with several engineers in the septic system design business. It is doubtful that even the smallest of lots would be significantly affected by thesmall difference between 8 feet and 10 feet because other variables such as trench width, depth and length can be adjusted to compensate for the setback. However, provided- that Footnote #1 is retained-, no harm would result from changing the Table- to allow 8foot setbacks. Sloping ground Setbacks: Table 4-3 (page 12) proposes a 15 foot to daylight setback for sloping ground, cuts and embankments. This standard is taken directly from the Uniform Plumbing Code and has been in the Code for at least the last several editions. The apparent concern is that septic systems would need to be placed deeper on the more steep lots and it was sug- gested that an engineer be allowed to design around this limitation where geologic conditions and soil permeability were favorable. Staff does not object to modifying Footnote #6 provided that it is clear that the 15 foot standard applies unless substantive evidence pre- pared by an appropriately licensed professional is provided which war- rants a reduction. Stream Setbacks • Table 4-3 (page 12) proposes a 100 foot setback from a ' stream and a 50 foot setback from other natural watercourses,. The Uniform Plumbing Code provides for a 50 foot setback from a stream while the Regional Water Quality Control Board provides for a 100 ,foot setback from a 1982 Uniform Codes - Ordinance No. 70 stream. Neither provides adequate definitions for a stream. The • Staff proposal was intended to combine current practice and current RWQCB criteria into the ordinance to assure consistent application of these setbacks. These standards should not be changed, but a minor clarification has been added to the definition of the stream after discussing the matter with RWQCB staff. This clarification is to include within the definition of a stream a requirement that there be a definite channel with definite bed and banks. Using this standard will keep us consistent with the Basin Plan. LAWRENCE STEVENS Planning Director i • 2 r ORDINANCE NO. 70 z AN ORDINANCE OF THE CITY OF ATASCADERO ADDING TITLE 8 (BUILDING REGULATIONS) TO THE ATASCADERO MUNICI- PAL CODE AND ADOPTING BY REFERENCE THE UNIFORM ADMINISTRATIVE CODE,, 1982 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM BUILDING CODE, INCLUDING APPENDIX CHAPTERS 1, 7, 32, 38, 57 AND 70, 1982 EDITION, AND THE UNI- FORM BUILDING CODE STANDARDS, ALL PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE NATIONAL ELECTRICAL CODE, 1981 EDITION, PUBLISHED BY THE NATIONAL FIRE PROTECTION ASSOCIATION; THE UNIFORM PLUMBING CODE, INCLUDING ALL APPENDICES, 1982 EDI- TION, AND THE IAPMO INSTALLATION STANDARDS, 1982 EDITION, ALL PUBLISHED BY THE INTERNATIONAL ASSOCI- ATION OF PLUMBING AND MECHANICAL OFFICIALS; THE UNI- FORM MECHANICAL CODE, INCLUDING ALL APPENDICES, 1982 EDITION, PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS; THE UNIFORM SWIMMING POOL, SPA AND HOT TUB CODE, 1982 EDITION, PUBLISHED BY THE INTERNATIONAL ASSOCIATION OF PLUMBING AND MECHANICAL OFFICIALS; THE UNIFORM SIGN CODE, 1982 EDITION, PUBLISHED BY THE INTER- NATIONAL CONFERENCE OF BUILDING OFFICIALS; THE UNI- FORM FIRE CODE, INCLUDING APPENDIX CHAPTERS I-A, I-B, II-A, II-B, II-D, III-A, III-C, IV-A, V-A AND VI-A, 1982 EDITION, AND THE UNIFORM FIRE CODE STANDARDS, 1982 EDITION, PUBLISHED BY THE WESTERN FIRE CHIEFS ASSOCIATION AND THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS ; THE UNIFORM HOUSING CODE, 1982 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS; THE UNIFORM CODE FOR ABATEMENT OF DANGEROUS BUILDINGS, 1982 EDITION, PUBLISHED BY THE INTERNATIONAL CONFERENCE OF BUILDING OFFICIALS, ALL AS AMENDED, AND REPEALING TITLE 19 (BUILDING REGULATIONS) OF THE SAN LUIS OBISPO COUNTY CODE AS ADOPTED BY CITY OF ATASCADERO ORDINANCE NO. 2 ON JULY 2, 1979. The Atascadero City Council ordains as follows: Section 1. The Atascadero Municipal Code is amended by repeal- ing Title 19 entitled "Building and Construction" of the San Luis Obispo County Code as adopted by City of Atascadero Ordinance No. 2 on July 2, 1979. Section 2. Title 8 (Building Regulations) is added to the Atas- cadero Municipal Code to read as follows: • 0 TITLE 8 - BUILDING REGULATIONS TITLE 8 - BUILDING REGULATIONS Chapter 1. Administrative Code _1 8 .101. Adoption of Uniform Administrative Code. Certain doc- uments marked and designated as the "Uniform Administrative Code" , 1982 Edition, published by the International Conference of Building Officials, are hereby adopted for establishing administrative, organ- izational and enforcement. rules and regulations for technical codes which regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings,- structures and building service equipment. Each and all of the regulations, provi- sions, conditions and terms of such "Uniform Administrative Code" , 1982 Edition, published by the International Conference of Building Officials, on file in the Planning Department, are hereby referred to and made a part hereof as if fully set out in this Chapter , except as otherwise provided in this Chapter. 8-1.102. Modification of Certain Parts of the Uniform Adminis- trative Code. The following portions of the "Uniform Administrative Code" , 1982 Edition, are hereby deleted: (a) Section 204 (Board of Appeals) (b) Section 304 (a) (Permit Fees) (c) Section 304 (b) (Plan Review Fees) (d) Section 304 (d) (2) (Fee) Change reference to .. . . . .Tables Nos. 3-A through 3-F" to read " . . . the resolution of the City Coun- cil establishing fees. " (e) Section 305 (h) (Reinspections) Change reference to " . . . Tables Nos. 3-A through 3-E" to read " . . . .the resolution of the City Council establishing fees. " (f) Table No. 3-A (Building Permit Fees) (g) Table No. 3-B (Electrical Permit Fees) (h) Table No. 3-C (Mechanical Permit Fees) (i) Table No. 3-D (Plumbing Permit Fees) (j) Table No. 3-E (Grading Permit Fees) (k) Table No. 3-F (Grading Plan Review Fees) 8-1.103. Establishment of Board of Appeals. In order to conduct hearings to determine the suitability of alternate materials and meth- 2 • • TITLE 8 BUILDING REGULATIONS ods of installation and to provide for reasonable interpretations of the provisions of this Title, a Board of Appeals is hereby estab- lished. The Board of Appeals shall also make interpretations of and hear appeals pursuant to the Housing and Dangerous Building Codes. (a) Membership. The Board of Appeals shall consist of five (5) members, two (2) of whom shall be general contractors, one (1) of whom shall be a structural engineer or architect, one (1) of whom shall be a specialty contractor, all of whom shall be qualified by experience and training, and one (1) of whom shall be a member of the public who is not one of the foregoing. Members of the Board of Appeals shall be appoint- ed by and serve at the pleasure of the City Council. Each member shall comply with applicable provisions of the Polit- ical Reform Act of 1974 , California Government Section 81000, et seq. The Building Official shall serve as Secretary to the Board of Appeals. (b) Eligibility. A person shall live within the City to be eligible for appointment to the Board of Appeals. (c) Term. Terms of initial appointment shall be a term of two (2) years for two (2) members and four (4) years for three (3) members. Subsequent appointments shall be for a term of four (4) years. (d) Rules and Regulations. The Board of Appeals shall adopt reasonable rules and regulations, subject to approval by the City Council, for conducting its business. The Board shall render all decisions and findings in writingwitha copy to the appellant. (e) Appeal Procedure. Any person aggrieved by, a decision of the Planning Department related to any manner within the pur- view of this Title shall have the right to appeal the deci- sion. . The appeal shall be filed with the Building Official within fourteen (14) days after the rendering of the decision affecting the aggrieved person. Grounds for the appeal shall be set forth in writing. The Secretary of the Board shall set the time and place for a hearing on the appeal, and notice of the hearing shall be published in a newspaper of general circulation and shall be given to the appellant by mailing it to him, postage prepaid, at his last known address, at least ten (10) calendar days prior to the date set for hearing. Any written reports to be made to the Board shall be filed with the Secretary of the Board and shall be made available to the Board and to the public no less than three (3) working days prior to the date set for the hearing. Any Department Head shall have the right to be heard on any matter coming before the Board. 3 • • TITLE 8 - BUILDING REGULATIONS The decision of the Board on the appeal shall not become fin- al until fourteen (14) days after the Board has made its de- termination in order to allow time for an appeal to be made to the Council from the Board' s decision. Any party aggrieved by the determination of the Board shall have the right to appeal its determination to the Council. Such appeals must be filed with the City Clerk within four- teen (14) days after the Board has made its determination. The Council shall set appeal fees by resolution. There shall be no charge for city-initiated appeals. 8-1.104. Fees. Fees for permits, plan review, reinspections, special inspections, appeals and other activities of this Title shall be established by resolution of the City Council. The determination of value or valuation under any of the provisions of this Title shall be made by the Building Official. The value to be used in computing the building permit and building permit plan review fees shall be the total value of all construction work for which the permit is issued as well as all finish work, painting, roofing, electrical, plumbing, heating, air-conditioning, elevators, fire-extinguishing systems and any other permanent equipment. 8-1.105. Exempted Work. The following shall be added to Section 301 (b) "5. Sign Permits. The following signs shall not require a sign permit. These exemptions shall not be construed as relieving the owner of the sign from the responsibility of its erection and maintenance, and its compliance with the provisions of this code or any other law or ordinance regulating the same. A. The changing of the advertising copy or message on a painted or printed sign only. Except for theater mar- quees and similar signs specifically designed for the use of replaceable copy, electric signs shall not be included in this exception. B. Painting, repainting or cleaning of an advertising structure or the changing of the advertising copy or message thereon shall not be considered an erection or alteration which requires a sign permit unless a struc- tural change is made. C. Signs less than six (6) feet above grade. 6. Swimming Pool, Spa, and Hot Tub Permits. No permit shall be required in the case of any repair work including: The stopping of leaks in drains, soil, waste or vent pipe, pro- vided, however, that should any trap; drainpipe; or soil, waste or vent pipe be or become defective and it becomes nec- essary to remove and replace the same with new material in 4 TITLE 8 - BUILDING REGULATIONS any part or parts, the same shall be considered as such new work and a permit shall be procured and inspection made as hereinbefore provided. No permit shall be required for the clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, when such repairs do not involve or re- quire the replacement or rearrangement of valves, pipes or fixtures. " 8-1. 106. Permits Required. Section 301 (a) shall be revised to read as follows: "Permits Required. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, "repair, move, im- prove, remove, convert or demolish any building or structure, in- cluding a swimming pool, spa or hot tub, or make any installation, alteration, repair , replacement, or remodel any building service equipment, including swimming pool, spa and hot tub equipment, regulated by this Title, except as specified in Subsection (b) of this Section, or cause the same to be done without first obtaining a separate, appropriate permit for each building, structure or service equipment from the Building Official. " TITLE 8 - BUILDING REGULATIONS Chapter 2. Building Code 8-2. 101. Adoption of Uniform Building Code. Certain documents marked and designated as the "Uniform Building Code", including Ap- pendix Chapter 1 (Life Safety Requirements for Existing Buildings) , Chapter 7 - Part l (Covered Mall Buildings) , Chapter 32 (Re-roofing) , Chapter 38 (Basement Pipe Inlets) , Chapter 57 (Regulations Governing Fallout Shelters) and Chapter 70 (Excavation and Grading) , 1982 Edi- tion, and as the "Uniform Building Code Standards" , 1982 Edition,pub- lished by the International Conference of Building Officials, are hereby adopted for regulating the erection, construction, enlargement, alteration, repair, moving, removal, demolition, conversion, occu- pancy, equipment, use, height, area and maintenance of all buildings or structures. Each and all of the regulations, provisions, condi- tions, and terms of such "Uniform Building Code" , 1982 Edition, and the "Uniform Building Code Standards" , 1982 Edition, published by the International Conference of Building Officials, on file in the Plan- ning Department, are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter. S8-2.102. Deletion of Certain Parts of the Uniform Building Code. The following portions of the "Uniform Building Code, " 1982 Edition, are hereby deleted: 5 • • TITLE 8 - BUILDING REGULATIONS (a) Chapter 1 (Title, Scope and General) , including Sections 101-107 (b) Chapter 2 (Organization and Enforcement) , including Sections 201-205 (c) Chapter 3 (Permits and Inspections) , including Sections 301- 307 and Table No. 3-A 8-2.103. Fire Retardant Roofing Materials Required. Roof cover- ings for all new buildings and for any re-roofing of existing build- ings shall be no less than Class C, regardless of building type or occupancy. Any reference to the approved use of - roofing materials with less than a Class C rating is hereby deleted. 8-2.104 . Grading. Section 7010 (a) is hereby amended to read as follows: "General. Unless otherwise recommended in an approved soils engineering report, fills shall conform to the provisions of this Section, except that lots located outside the Urban Services Line may exceed the 50 cubic yard limitation for a fill when approved by the Building Official and when in compliance with the following (1) All other limitations established by Subsection 9 of Section 7003 ; and (2) The lot is a minimum of 2 1/2 acres; and (3) The location and extent of the fill is clearly delinea- ted on grading plans." TITLE 8 - BUILDING REGULATIONS Chapter 3. Electrical Code 8-3. 101. Adoption of National Electrical Code. Certain documents marked and designated as the "National Electrical Code", 1981 Edition, published by the National Fire Protection Association, are hereby adopted for safeguarding persons and property from hazards arising from the use of electricity. Each and all of the regulations, provi- sions, conditions, and terms of such "National Electrical Code" , 1981 Edition, published by the National Fire Protection Association, on file in the Planning Department, are hereby referred to and made a part hereof as if fully set out in this Chapter. 6 TITLE 8 - BUILDING REGULATIONS TITLE 8 BUILDING REGULATIONS Chapter 4. Plumbing Code 8-4.101. Adoption of Uniform Plumbing Code. Certain documents marked and designated as the "Uniform Plumbing Code" , including all appendices, 1982 Edition, published by the International Association of Plumbing and Mechanical Officials, and as "IAPMO Installation Standards", 1982 Edition, published by the International Association of Plumbing and Mechanical Officials, are hereby adopted for regu- lating the erection, installation, alteration, addition, repair, re- location, replacement, maintenance or use of any plumbing system. Each and all of the regulations, provisions, conditions, and terms of such "Uniform Plumbing Code", 1982 Edition, and "IAPMO Installation Standards", 1982 Edition, published by the International Association of Plumbing and Mechanical Officials, on file in the Planning Depart- ment, are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter. 8-4.102. Deletion of Certain Parts of the Uniform Plumbing Code. The following portions of the "Uniform Plumbing Code, " 1982 Edition, are hereby deleted: (a) Part 1 (Administration) , including Sections 10.1-10. 5 and 20.1-20.14 (b) Table 1-1, entitled "Location of Sewage Disposal System" (c) Section I-4 (Percolation Tests) (d) Section I-8 (Cesspools) (e) Table I-4 , entitled "Design Criteria of 5 Typical Soils" (f) Table I-5 8-4.103. Use of Plastic Pipe in Water Systems. PB, PVC and CPVC, as well as any other plastic pipe, shall not be used for hot and cold water distribution systems. Any reference to the approved use of such materials is hereby deleted. 8-4.104. Building Sewers. The following requirements shall apply to building sewers and related drainage piping. Any reference to different standards in Table 4-3 or Chapter 11 of the Uniform Plumbing Code is hereby deleted. 7 II TITLE 8 - BUILDING REGULATIONS (a) All building sewers shall be constructed with pipe of inter- nal diameter not less than four (4) inches. (b) A clean-out shall be placed in every building sewer within five (5) feet of each building, at all changes in alignment or grade in excess of twenty-two and one-half (22 1/2) de- grees, 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 clean-out shall be made by inserting a "Y" fitting in the line and fitting the clean-out in the "Y branch in an approved manner. In the case of a clean-out near the junction of the public sewer , the "Y" branch shall be extended to a depth of not more than two (2) feet, nor less than one foot below the surface of the ground before the clean-out is installed. (c) Drainage piping serving fixtures located at an elevation of less than one foot above the nearest upstream manhole cover in the main sewer serving said fixtures shall drain by grav- ity into the main sewer, and shall be protected from backflow of sewage by installing an approved type backwater valve, and each such backwater valve shall be installed only in that branch or section of the drainage system which receives the discharge from fixtures located less than one foot above the nearest upstream manhole cover. 8-4 .105. Private Sewage Disposal Systems. The design, installa- tion, operation and maintenance of private sewage disposal systems shall be in conformance with Appendix I of the Uniform Plumbing Code and with standards specified in this Section. Where specific stand- ards are not provided within this Title or where the Administrative Authority determines that higher requirements are necessary to main- tain a safe and sanitary condition, the "Manual of Septic Tank Prac- tice" (published by the United States Department of Health, Education and Welfare) , the "Design Manual - Onsite Wastewater Treatment and Disposal Systems (published by the United States Environmental Pro- tection Agency) , "Guidelines for Mound Systems" (State Water Resources Control Board) , "Guidelines for Evapotranspiration Systems (State Water Resources Control Board) , and the "Water Quality Control Plan, Central Coast Basin" (adopted by the Regional Water Quality Control Board of the Central Coast Region) shall be used as guidelines by the Administrative Authority. (a) Percolation Test. An on-site investigation shall be made in order to determine the suitability of a particular site for a private sewage disposal system and to provide the data necessary to design a private sewage disposal system. A percolation test shall be required prior to issuance of a permit for all new or enlarged private sewage disposal sys- tems. 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 Administra- tive Authority. TITLE 8 - BUILDING REGULATIONS (1) Number and Location of Test Holes: A minimum of three separate test holes spaced uniformly through and located in the immediate vicinity of the proposed leach field site shall be made. (2) Type of Test Holes: The test hole shall have horizon- tal dimensions between 4 and 12 inches and vertical sides to the depth of the absorption trench. (3) Preparation of Test Hole: 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 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 foot above the gravel or sand with clear water which is to be kept in the hole for at least four 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 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 filling of the test hole has completely seeped away. (i) If water remains in the test hole after the over- night swelling period, adjust the depth to approxi- mately six inches over the gravel or sand and, from a fixed reference point, measure the drop in water level over a thirty 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 approximate- ly six inches over the gravel or sand. From a fixed reference point, measure the drop in water level at approximately thirty minute intervals over four hours refilling six inches over the gravel or sand as necessary. The drop that occurs during the final thirty 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 in other soils in which the first six inches of water seeps away in less than thirty minutes after the overnight swelling peri- od) , the time interval between measurements shall be taken as ten minutes and the test shall run for 9 • • TITLE 8 BUILDING REGULATIONS one hour with the drop during the final ten 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, shall be made in order to determine the presence of bedrock and/or ground water . (b) 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 60 min- utes per inch. (1) Determination of Size of Absorption Area: The absorp- tion 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 Subsection, shall be referred to as necessary. (absorption area per bedroom) X no. of bedrooms) X (standard (width of trench, in inches) trench adjust- ment factor) factor) TABLE 4-1. Absorption Area Requirements. Percolation Rate Absorption Area Per Bedroom (Minutes/Inch) (Square Feet) 0 9 150 10 165 11-15 190 16-20 215 21-25 - 230 26-30 250 31-35 270 36-40 285 41-45 300 46-50 315 51-60 330 10 • • TITLE 8 - BUILDING REGULATIONS TABLE 4-2. Standard Trench Adjustment Factor 1 Depth of Gravel Below Pipe Trench Width (in inches) (in 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 1. For trenches not shown in Table 4-2, the standard trench adjust- ment factor may be computed as follows: W + 2 X 100 W + 1 + 2D Where W = width of trench (in feet) D = depth of gravel below pipe (in feet) (2) Location of Private Sewage Disposal Systems: The min- imum 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 and Table 4-4 (Vertical Distance Separation) . Where physical limitations on a site preclude conformance with distance separation requirements, the Administrative Authority may approve a lesser separation when the de- sign is prepared by a registered engineer competent in sanitary engineering and when adequate substantiating data is submitted with the design. The Administrative Authority shall not approve a separation less than that set forth in the "Water Quality Control Plan - Central Coast Region" unless the Regional Water Quality Control Board or its designated representatives have previously approved the design. li 9 ! TITLE 8 - BUILDING REGULATIONS TABLE 4-3. Horizontal Distance Separation (in feet) Building Septic Leach Field Seepage Sewer Tank or Seepage Pit Bed 1 1 Buildings or structures, in- 2 5 8 8 eluding porches, steps, breeze- ways, patios, and carports whether covered or not 2 Property Line Clear 5 5 10 3 Water Supply Well 50 50 - 100 150 Streams, when shown on 7 1/2 50 50 100 100 minute USGS Map and when a defined channel with definite bed and banks exists Swales, ephemeral draws, or 50 50 50 50 other natural watercourses with drainage areas larger than 10 acres Trees -- 10 -- 10 Seepage Pits -- 5 5 12 Leach Field or Seepage Bed -- 5 6 5 4 On-site domestic water service 1 5 5 5 line Distribution Box -- -- 5 5 5 Pressure Public Water Main 10 10 10 10 6 6 Sloping ground, cuts, or other -- - 15 15 embankments 7 7 Reservoirs, including ponds, 200 200 200 200 lakes, tanks, basins, etc. for storage, regulation and con- trol of water, recreation, power , flood control or drinking Springs 100 100 100 100 'l.. 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 Uniform Plumbing Code. 3. Distance separation may be reduced to twenty-five (25) feet when the drainage piping is constructed of materials approved for use within a building. 12 0 w TITLE 8 BUILDING REGULATIONS 4. See Section 1108 of Uniform Plumbing 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. 1 TABLE 4-4. Vertical Distance Separation (in feet) Leach Field or Seepage Seepage bed Pit Ground water 5 10 edrock 4 4 1. Distance is measured from bottom of trench or pit. (3) Additional Standards: (i) Existing legal building sites which are served by an individual on-site well may be approved for a private sewage disposal system only if the site is one acre or larger in size. (ii)' Private sewage disposal systems proposed to be in- stalled on slopes of 20% or more shall be designed by and have their installation inspected and certi- fied by a registered civil engineer. The design shall minimize grading disruption associated with access for installation and maintenance. Such systems shall be prohibited on slopes of 30% or more. (iii) When the percolation rate exceeds 30 minutes/inch, a private sewage disposal system shall, be designed, inspected, and certified to work by a registered civil engineer. (iv) When the percolation rate exceeds 60 minutes/inch, a private sewage disposal system using soil absorp- tion shall not be allowed. (v) When the percolation rate exceeds 30 minutes/inch, a private sewage disposal system using a seepage pit shall not be allowed. (vi) Expansion area shall be provided on all building sites, shall be identified on all plans submitted for private sewage disposal systems, and shall re- main available for system expansion. If areas re- served for system expansion are not accessible for 13 0 • TITLE 8 BUILDING REGULATIONS future installation, then the expansion area shall be installed with the original system. (c) Special Design Standards. The following standards shall be used in the design of new or enlarged private sewage disposal systems where the percolation rate exceeds 60 minutes per inch. Designs for alternate types of private sewage disposal systems shall be by registered engineers competent in sani- tary engineering and may be approved by the Administrative Authority when the design engineer submits adequate substan- tiation data with the design. (1) Determination of Size of Disposal . Field: The size of the disposal field shall be determined by the design engineer using methods of accepted engineering practice including manuals anddocuments specified in this Chapter. (2) Location of Private Sewage Disposal Systems: The min- imum 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 col- umn entitled "Leach Field or Seepage Bed. " (3) Additional Standards: (i) When private sewage disposal systems are designed pursuant to Subsection (c) of the Section, the de- sign engineer shall provide the owner with infor- mation on the location, design, operation and maintenance of the private sewage disposal system. A covenant shall also be recorded prior to final approval of the system indicating the name and location of the design engineer and indicating where the above information can be secured. (ii) Existing legal building sites which are served by an individual on-site well may be approved for a private sewage disposal system only if the site is one acre or larger in size. (iii) Expansion area shall be provided on all building sites, shall be identified on all plans submitted for private sewage disposal systems, and shall re- main available for system expansion. If areas reserved for system expansion are not accessible for future installation, then the expansion area shall be installed with the original system. (d) Replacement of Existing Private Sewage Disposal Systems. Where an existing private sewage disposal system has failed, the replacement_ system shall be designed in conformance with this Chapter and shall be designed by a registered engineer competent in sanitary engineering. In the event that the 14 TITLE 8 - BUILDING REGULATIONS replacement system cannot be designed to conform with this Chapter, the Administrative Authority may approve a system designed to lesser standards when it is designed, inspected, and certified to work by a registered engineer competent in sanitary engineering. (1) A private sewage disposal system shall not be replaced by another system if sewers are available. (2) The Administrative Authority shall not approve a re- placement system which does not conform with prohibi- tions set forth in the "Water Quality Control Plan - Central Coast Basin" unless the Regional Water Quality Control Board or its designated representatives has previously approved the design. The Administrative Authority may authorize a temporary means of sewage disposal pending such approval. TITLE 8 - BUILDING REGULATIONS Chapter 5. Mechanical Code 8-5. 101. Adoption of Uniform Mechanical Code. Certain documents marked and designated as the "Uniform Mechanical Code" , including all appendices, 1982 Edition, published by the International Association of Plumbing and Mechanical Officials, are hereby adopted for regula- ting and controlling the design, construction, installation, quality of materials, location, operation and maintenance or use of heating, ventilating, cooling, refrigeration systems, incinerators and other miscellaneous heat-producing appliances. Each and all of the regula- tions, provisions, conditions and terms of such "Uniform Mechanical Code" , 1982 Edition, published by the International Association of Plumbing and Mechanical Officials, on file in the Planning Department, are hereby referred to and made a part hereof, as if fully set out in this Chapter, except as otherwise provided in this Chapter. 8-5.102. Deletion of Certain Parts of the Uniform Mechanical Code The following portions of the "Uniform Mechanical Code, " 1982 Edition, are hereby deleted: (a) Chapter 1 (Title, Scope and General) , including Sections 101-107 (b) Chapter 2 (Organization and Enforcement) , including Sections 201-204 15 TITLE 8 - BUILDING REGULATIONS (c) Chapter 3 (Permits and Inspections) , including Sections 301- 306 and Table No. 3-A 8-5.103. Installation of Liquefied Petroleum Gas-burning Appli- ances. The following shall be added to the last paragraph of Sec- tion 504 (Installation) . . . ."When appliances so fueled are located in underfloor or attic areas, provision shall be made to drain the appliance to the out- side of the building. " TITLE 8 - BUILDING REGULATIONS Chapter 6. Swimming Pool, Spa and Hot Tub Code 8-6.101. Adoption of Uniform Swimming Pool, Spa and Hot Tub Code Certain documents marked and designated as the "Uniform Swimming Pool, Spa and Hot Tub Code" , 1982 Edition, published by the International Association of Plumbing and Mechanical Officials, are hereby adopted for regulating the erection, installation, alteration, addition, re- pair, relocation, replacement, maintenance or use of any swimming pool, spa or hot tub plumbing system. Each and all of the regula- tions, provisions, conditions, and terms of such "Uniform Swimming Pool, Spa and Hot Tub Code", 1982 Edition, published by the Interna- tional Association of Plumbing and Mechanical Officials, on file in the Planning Department, are hereby referred to and made a part hereof as if fully set out in this Chapter. 8-6 .102. Deletion of Certain Parts of the Uniform Swimming Pool, Spa and Hot Tub Code. The following portions of the "Uniform Swim- ming Pool, Spa and Hot Tub Code, " 1982 Edition, are hereby deleted: (a) Part 1 (Administration) including Section 1.0-1. 9 and 1.11-1. 18 8-6.103. Swimming Pool Defined. The definition of a swimming pool in Section 102 of the "Uniform Swimming Pool, Spa and Hot Tub Code, " 1982 Edition, shall be revised to read as follows: "Swimming Pool - Any constructed or prefabricated pool used for swimming or bathing. " 16 • 0 TITLE 8 - BUILDING REGULATIONS TITLE 8 - BUILDING REGULATIONS Chapter 7. Sign Code 8-7.101. Adoption of Uniform Sign Code. Certain documents marked and designated as the "Uniform Sign Code, " 1982 Edition, published by the International Conference of Buildng Officials, are hereby adopted for regulating the design, quality of materials, construction, loca- tion, electrification, and maintenance of all signs and sign struc- tures. Each and all of the regulations, provisions, conditions and terms of such "Uniform Sign Code", 1982 Edition, published by the In- ternational Conference of Building Officials, on file in the Planning Department, are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise provided in this Chapter. 8-7 .102. Deletion of Certain Parts of the Uniform Sign Code. The following portions of the "Uniform Sign Code" , 1982 Edition, are here- by deleted: (a) Chapter 1 (Title, Scope and Enforcement) , including Sections 101-103 (b) Chapter 3 (Permits, Fees and Inspections) , including Sections 301-306 (c) Section 1401 (Temporary Signs General) TITLE 8 - BUILDING REGULATIONS Chapter 8. Fire Code 8-8.101. Adoption of Uniform Fire Code. Certain documents marked and designated as the "Uniform Fire Code" , including Appendix Chapter I-A (Life Safety Requirements for Existing Buildings) , Chapter I-B (Stairway Identification) , Chapter II-A (Suppression and control of Hazardous Fire Areas) , Chapter II-B (Protection of Flammable or Com- bustible Liquids in Tanks in Locations That May Be Flooded) , Chapter II-D (Rifle Ranges) , Chapter III-A (Test Procedures for Fire Extin- guishing Systems) , Chapter III-B (Basement Pipe Inlets) , Chapter III-C (Fire Alarm Systems) , Chapter IV-A (Interior Floor Finish) , Chapter V-A (Nationally Recognized Standards of Good Practice) , and Chapter VI-A (Emergency Relief Venting for Fire Exposure for Aboveground Tanks) , 1982 Edition, and the "Uniform Fire Code Standards" , 1982 Edition, are hereby adopted for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or ex- plosion. Each and all of the regulations, provisions, conditions, and 17 • 0 TITLE 8 - BUILDING REGULATIONS terms of such "Uniform Fire Code" , 1982 Edition, and the "Uniform Fire Code Standards", 1982 Edition, published by the Western Fire Chiefs Association and the International Conference of Building Officials, on file in the Planning Department are hereby referred to and made a part hereof as if fully set out in this Chapter, except as otherwise pro- vided in this Chapter. 8-8.102. Deletion of Certain Parts of the Uniform Fire Code. The following portions of the "Uniform Fire Code" , 1982 Edition, are here- by deleted: (a) Section 2.302 (Board of Appeals) 8-8 .103. Board of Appeals. In order to provide for interpreta- tion of the provisions of the Chapter and to hear approvals provided for hereunder, the Board of Appeals established pursuant to Section 8-1. 103 shall govern. Procedures specified by Section 8-1.103 (c) shall be followed. 8-8.104. Alarm Signal Defined. The definition of an alarm signal n-Section 4 of Appendix III-C, shall be revised as follows: " (c) Alarm Signal. Audible devices may be bells, horns, chimes speakers or similar devices but no audible alarm shall con- flict with the response of emergency vehicles or civil de- fense systems. Under no circumstances shall sirens of wail, yelp or hi-lo soundings be used. All devices shall be ap- proved by the Police and Fire Chiefs. " TITLE 8 BUILDING REGULATIONS Chapter 9. Housing Code 8-9 .101. Adoption of Uniform Housing Code. Certain documents marked and designated as the "Uniform Housing Code" , 1982 Edition, published by the International Conference of Building Officials, are hereby adopted for regulating the use and occupancy, location and maintenance of residential buildings and structures. Each and all of the regulations, provisions, conditions and terms of such "Uniform Housing Code" , 1982 Edition, published by the International Conference of Building officials, on file in the Planning Department, are hereby referred to and made a part hereof as if fully set out in this Chap- ter, except as otherwise provided in this Chapter. 18 • • TITLE 8 - BUILDING REGULATIONS 8-9.102. Deletion of Certain Parts of the Uniform Housing Code. The following portions of the "Uniform Housing Code" , 1982 Edition, are hereby deleted: (a) Section 203 (Housing Advisory and Appeals Board) 8-9 .103. References to Building Code. References made in Chap- ters 1, 2 and 3 of the "Uniform Housing Code", 1982 Edition, to vari- ous administrative sections and chapters of the Buildng Code shall mean the corresponding sections and chapters of Chapter 1 of this Title. 8-9.104. Appeals Board. In order to provide for interpretation of the provisions of this Chapter and to hear appeals provided for hereunder, the Board of Appeals established pursuant to Section 8-1.103 shall govern. References to the Housing Advisory and Appeals Board in the Uniform Housing Code shall mean the Board of Appeals es- tablished pursuant to Section 8-1.103. Procedures specified by Sec- tion 8-1.103 (c) shall be followed except where additional procedures are required by this Chapter. 8-9.105. Time Limits for Appeals. The following portions of the "Uniform Housing Code" , 1982 Edition, are modified as specified: • (a) Section 1101(b) (5) is amended to change the appeal time from "30 days" to "14 days. " (b) The last paragraph of Section 1201 (a) is amended to read as follows: "The appeal shall be filed within 14 days from the date of service of such notice or action of the Building Official. " TITLE 8 - BUILDING REGULATIONS Chapter 10. Dangerous Buildings Code 8-10.101. Adoption of Uniform Code for the Abatement of Dangerous Buildings. Certain documents marked and designated as the "Uniform Code for the Abatement of Dangerous Buildings" , 1982 Edition, pub- lished by the International Conference of Building Officials, are hereby adopted for regulating the repair, vacation or demolition of buildings or structures which may endanger the life, limb, health, morals, property, safety or welfare of the general public or their occupants. Each and all of the regulations, provisions, conditions and terms of such "Uniform Code for the Abatement of Dangerous Build- ings" , 1982 Edition, published by the International Conference of 19 TITLE 8 - BUILDING REGULATIONS Building Officials, on file in the Planning Department, are hereby referred to and made apart hereof as if fully set out in this Chapter . 8-10.102. Deletion of Certain Parts of the Uniform Code for the Abatement of Dangerous Buildings. The following portions of the "Uniform Code for the Abatement of Dangerous Buildings" , 1982 Edition, are hereby deleted: (a) Section 205 (Appeals Board) 8-10 .103. References-- to Building Code. References made in Chap- ters 1 and 2 of the "Uniform Code for the Abatement of Dangerous Buildings" , 1982 Edition, to various administrative sections and chap- ters of the Building Code shall mean the corresponding sections and chapters of Chapter 1 of this Title. 8-10 .104. Appeals Board. 3n order.to provide for interpretation of the provisions of this Chapter and to hear appeals provided for hereunder, the Board of Appeals established pursuant to Section 8-1. 103 shall govern. Procedures specified by Section 8-1.103 (c) shall be followed except where additional procedures are required by this Chapter. 8-10.105. Time Limit for Appeals. The following portions of the "U fin fin orm Code for the Abatement of Dangerous Buildings" , 1982 Edition, are modified as specified: (a) Section 401 (b) (5) is amended to change the appeal time from "30 days" to "14 days. " (b) The last paragraph of Section- 501 (z) is _amended to read_. as follows: i "The appeal shall be filed within 14 days from the date of service of such notice or action of the Building Official. " Section 3. Penalty Provisions. It shall be unlawful for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building, structure or building service equipment or cause or permit the same to be done in violation of this Title and the technical codes. Penalties for violation of this Title shall be as set forth in Chapter 3 of Ordinance No. 10 of the City of Atascadero. 20 0 TITLE 8 - BUILDING REGULATIONS Section -4. Publication. The City Clerk shall cause this ordinance to be published once within fifteen (15) days after its passage in the Atascadero News, a newspaper of general circulation, printed, published, and circulated in the City in accordance with Section 36933 of the Government Code, shall certify the adopting and posting of this ordinance and shall cause this ordinance and this certification together with proof of posting to be entered into the Book of Ordinances of this City. Section 5. Effective Date. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the 31st day after its passage. The foregoing ordinance was introduced on and adopted at a regular meeting of the Council on AYES: NOES: ABSENT: MARJORIE M. MACKEY Mayor ATTEST: BARBARA NORRIS, ' ty Clerk APPRQVED AS TO F ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: MURRAY L. WARDEN, City Manager 21 MEEW"'L A GEE N D A DAT (TEM • M E M O R A N; D U M TO: CITY MANAGELAX 6V- ! October 19 1983 FROM: PLANNING DI CTOR ` 11 SUBJECT: Building Fees Resolution No. 40-83 At the meeting of October 10, 1983, several issues were raised con- cerning the proposed fee schedule. The following comments are 'pert<i- nent to those issues. Appeals Board Fee: It should .be clearly understood that the appeal fees ($250 to the Board and $130 to the Council) , as well as most other fees in Table II, were recommended solely to recover average processing costs from the user of a service. It is not required that these costs be recov- ered, but recovery cost from users is one way of generating revenue for services. If a lesser fee or nofeeis established, which is Council' s perogative, then it would be appropriate to select a fee which is comfortable. Phasing Fees: It was suggested that the large fee increase would be easier to ac- cept if done in phases. It should be pointed out that` the fee sched- ule in the 1982 Codes is the same as the '1979 Codes and has been in effect in surrounding cities and counties forsometime. The increase is only large because lower fees have been maintained for a longer period of time. It should also be pointed out that these fees will take effect at the same time as Ordinance `No. '70 (approximately mid- December) and will1not be applied to applications now in process or .to applications submitted prior to its effective date.' There does not appear to be any reason to delay or phase in these fees WRENCE STEVENS Planning Director ps • RESOLUTION NO. 40--83 • A RESOLUTION OF THE ATASCADERO CITY COUNCIL - --- ESTABLISHING FEES FOR PERMITS, PLAN REVIEWS AND OTHER ACTIVITIES UNDERTAKEN PURSUANT TO BUILDING AND CONSTRUCTION REGULATIONS WHEREAS, the Government Code provides that fees may be collected to cover the costs of administering permit, plan review and inspection activities; and WHEREAS, it is appropriate to establish fees -and" deposits which provide for the user of services to pay for the cost of providing the Services; and WHEREAS, the International, Conference of Building Officials has prepared standardized fee schedules which are in widespread use, based on theirexperiencewith permit,_ plan review and inspection activi- ties; and WHEREAS, the Planning Department has prepared estimates based on its own experience for activities not included in the standardized fee schedules. • NOW, THEREFORE, BE IT RESOLVED that the Atascadero City Council does hereby establish the following fees for permits, plan reviews, and other activities undertaken pursuant to building and construction regulations: TABLE NO. 1 BUILDING PERMITS VALUATION PERMIT FEE $1.00 to $500.00 $10.00 $501.00 to $2,000.00 $10.00 for the first $500.00 plus $1. 50 for each additional $100.00 or fraction thereof, to and includ- ing $2,000.00 $2,001.00 to $25,000.00 $32.50 for the first $2,.000.00 plus $6.00 for each additional $1,000.00 or fraction thereof, to and_includ- ing $25,000.0`0 $25,001.00 to $50,000.00 ' $170.50 for the first $25,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $50,000.00 Resolution No. 40-83 $50,001. 00 to $100,000.00 $283.00 for the first $50,000.00 plus $3.00 for each additional $1,000 .00 or fraction thereof, to and including $100,000.00 $100 ,001. 00 and up $433. 00 for the first $100 ,000.00 plus $2.50 for each additional $1,000.00 or fraction thereof TABLE N0. 2 - ELECTRICAL PERMITS System Fee Schedule New Residential Buildings The following fees shall inlcude all wiring and elec- trical equipment in or on each building, or other electrical equipment on the same premises constructed at the same time. For new multifamily residential buildings (apartments and condominiums) having three or more living units not including the area of garages, carports and other noncommercial automobile storage areas con- structed at the same time, per square foot . . . . . . . .02 For new single- and two-family residential buildings not including the area of garages, carports and other noncommercial automobile storage areas con- structed at the same time, per square foot . . . . . . . .025 For other types of residential occupancies and altera- tions, additions and modifications to existing residential buildings, use the UNIT FEE- SCHEDULE. - Private Swimming Pools For new private, residential, in-ground swimming pools for single-family and multi-family occupancies including a complete system of necessary branch circuit wiring, bonding, grounding, underwater lighting, water pumping and other similar electri- cal equipment directly related to the operation of a swimming pool, each . . . . . . . . . . ... . . . . . . . . . . . . . . . . 20.00 For other types of swimming pools, therapeutic whirl- pools, spas and alterations to existing swimming pools, use the UNIT FEE SCHEDULE. 2 Resolution No. 40-83 Carnivals and Circuses Carnivals, circuses, or other traveling shows or exhi- bitions utilizing transportable-type rides, booths, displays and attractions: For electric generators and electrically driven rides, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 For mechanically driven rides and walk-through attrac- tions or displays having electric lighting, each 3. 00 For a system of area and booth lighting, each 3.00 For permanently installed rides, booths, displays and attractions, use the UNIT FEE SCHEDULE. Temporary Power Services For a temporary service power pole or pedestal including all pole or pedestal-mounted receptacle outlets and appurtenances, each " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 .00 For a temporary distribution system and temporary light- ing and receptacle outlets for construction sites, decorative light, Christmas tree sales lots, fire- work stands, etc. , each 5.00 Unit Fee Schedule Receptacle, Switch and Lighting Outlets For receptacle, switch, lighting or other outlets at which current is used or controlled, except ser- vices, feeders and meters: - First 20 , each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 Additional outlets, each . . . . . . . . . . . . . . . . . . . . . . . . . .30 NOTE: For multi-outlet assemblies, each 5 feet or frac- tion thereof may be considered as one outlet. Lighting Fixtures For lighting fixtures, sockets or other lamp-holding devices: First 20, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .50 Additional fixtures, each . . . . . . . . . . . . . . . . . . . . . . .30 For pole or platform-mounted lighting fixtures, each . . . 50 3 Resolution No. 40-83 For theatrical-type lighting- fixtures or assemblies, each .50 Residential Appliances For fixed residential applicances or receptacle outlets for same, including wall-mounted electric ovens; counter-mounted cooking tops; electric ranges; self- contained room, console, or through-wall air condi- tioners; space heaters; food waste grinders; dish- washers; washing machines; water heaters, clothes dryers; or other motor-operated appliances not ex- ceeding one horsepower (HP) in rating, each . . . . . . 2.00 NOTE: For other types of air conditioners and other motor-driven appliances having larger electrical ratings, see Power Apparatus. Nonresidential Appliances For residential applicances and self-contained factory- wired, nonresidential appliances not exceeding one horsepower (HP) , kilowatt (KW) , or kilovoltampere (KVA) , in rating including medical and dental de- vices; food, beverage, and ice cream cabinets; illuminated show cases; drinking fountains; vending machines; laundry machines; or other similar types ofequipment, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00 NOTE: For other types of air conditions and other motor- driven applicances having larger electrical ratings, see Power Apparatus. Power Apparatus For motors, generators, transformers, rectifiers, syn- chronous converters, capacitors, industrial heat- ing, air conditioners and heat pumps, cooking or baking equipment and other apparatus, as follows: Rating in horsepower (HP) , kilowatts (KW) , kilo- volt-amperes (KVA) , or kilovolt-amperesreactive (KVAR) : Up to and including 1, each 2.00 Over 1 and not over 10 , each . . . . . . . . . . . . . . . . . . 5.00 Over 10 and not over 50, each . . . . . . . . . . . . . . . . . . . . 10.00 Over 50 and not over 100, each . . . . . . . . . . . . . . . . . . . 20.00 Over 100, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 .00 NOTE: 1. For equipment or appliances having more than one motor, transformer, heater, etc. , the sum of the combined ratings may be used. 4 Resolution No. 40-83 2. These fees include all switches, circuit breakers, contactors, thermostats, relays and other directly related control equipment. Signs, Outline Lighting and Marquees For signs, outline lighting systems or marquees supplied from one branch circuit, each . . . . 10.00 For additional branch circuits within the same sign, outline lighting system or marquee, each . . . . . . . . . 2.00 Services For services of 600 volts or less and not over 200 amperes in rating, each 12. 50 For services of 600 volts or less and over 200 amperes to 1000 amperes in rating, each . . . . . . . . . . . . . . . . . . 25.00 For services over 600 volts or over 1000 amperes in rating, each 50.00 Miscellaneous Apparatus, Conduits and Conductors For electrical apparatus, conduits and conductors for which a permit is required but for which no fee is herein set forth . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.50 i NOTE: This fee is not applicable when a fee is paid for one or more services, outlets, fixtures, appliances, power apparatus, busways, signs or other equipment. TABLE NO. 3 - MECHANICAL PERMITS 1. For the installation or relocation of each forced-air or gravity-type furnance or burner, including ducts and vents attached to such appliance, up to and including 100, 000 Btu/h . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.00 2. For the installation or relocation of each forced-air or gravity-type furnance or burner, including ducts and vents attached to such appliance over 100, 000 Btu/h 7.50 3. For the installation or relocation of each floor furnace, including vent . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.00 4. For the installation or relocation of each suspended heater , recessed wall heater, or floor-mounted unit heater . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.00 5. For the installation, relocation or replacement of each appliance vent installed and not included in an appliance permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.00 5 I Resolution No. 40-83 6. For the repair of, alteration of, or addition to each heating appliance, refrigeration unit, cooling unit, absorption unit, or each heating, cooling, absorption, or evaporative cooling system, including installation of con- trols regulated by the UMC . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6.00 7. For the installation or relocation of each boiler or com- pressor to and including three horsepower, or each absorp- tion system to and including 100,000 Btu/h 6.00 8. For the installation or relocation of each boiler or com- pressor over three horsepower to and including 15 horse- power, or each absorption system over 100 ,000 Btu/h and including 500,000 Btu/h . . . . . . . . . . . . . . . . . . . . . .... ..... . . . . . 11.00 9. For the installation or relocation of each. boiler or com- pressor over 15 horsepower to and including 30 horsepower, or each absorption system over 500,000 Btu/h to and in- cluding 1,000,000 Btu/h . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 10. For the installation or relocation of each boiler or com- pressor over 30 horsepower to and including 50 horsepower, or for each absorption system over 1,000 ,000 Btu/h to and including, 1,750,000 Btu/h 22.50 11. For the installation or relocation of each boiler or refrigeration compressor over 50 horsepower, or each absorption system over 1,750 ,000 Btu/h 37 .50 12. For each air-handling unit to and including 10,000 cubic feet per minute, including ducts attached thereto . . . . . 4.50 NOTE: This fee shall not apply to an air-handling unit which is a portion of a factory-assembled appliance, cooling unit, evaporative cooler or absorption unit for which a permit is required elsewhere in the UMC. 13. For each air-handling unit over 10,000 cfm . . . . . . . . . . . . 7.50 14. For each evaporative cooler other than portable type . . 4.50 15. For each ventilation fan connected to a single duct 4. 50 16. For each ventilation system which is not a portion of any heating or air-conditioning system authorized by a permit . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.50 17. For the installation of each hood which is served by me- chanical exhaust, including the ducts for such hood . . . 4. 50 18. For the installation or relocation of each domestic-type incinerator . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7.50 19. For the installation or relocation of each commercial or industrial-type incinerator . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 .00 6 0 0 Resolution No. 40-83 20 . For each appliance or piece of equipment regulated by this code but not classed in other appliance categories, or for which no other fee is listed herein 4. 50 TABLE NO. 4 PLUMBING PERMITS 1. For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage piping, and backflow protection therefor) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4.00 2. For each 'building sewer . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 3. Rainwater systems-per drain (inside building) "-. ..-. . . . . . 4.00 4. For each private sewage disposal system 30.00 5. For each water heater and/or vent . . . . . . . . . . . . . . . . . . . . . 5.00 6. For each industrial waste pretreatment interceptor in- cluding its trap and vent, excepting kitchen-type grease interceptors functioning as fixture traps . . . . . . . . . . . . . 8.00 7. For installation, alteration, or repair of water piping and/or water-treating equipment, each . . . . . . . . . . . . . . . . . 2.00 8. For repair or alteration of drainage or vent piping, each fixture . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00 9. For each lawn sprinkler system on any one meter, including backflow protection devices therefor 6.00 10. For atmospheric-type vacuum breakers not included in Item 2: l to 5 . . . .. . . . . . . . . . . . 5.00 Over 5, each . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1.00 11. For each backflow protective device other than atmos- pheric-type vacuum breakers: 2 inches and smaller . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5.00 Over 2 inches . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 12. For each gas piping system of one to four outlets . . . . . 2. 00 13. For each gas piping system of five or more outlets, per outlet .50 14. For each gas meter . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12.50 7 Resolution No. 40-83 TABLE NO. 5 - GRADING PERMITS 50 cubic yards or less . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 51 to 100 cubic yards . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 15.00 101 to 1000 cubic yards - $15.00 for the first 100 cubic yards plus $7.00 for each additional 100 cubic yards or fraction thereof. 1001 to 10 ,000 cubic yards - $78 .00 for the first 1,000 cubic yards, plus $6.00 for each additional 1,000 cubic yards or fraction thereof. 10,001 to 100,000 cubic yards - $132.00 for the -first 10 ,000 cubic yards, plus $27.00 for each additional 10,000 cubic yards or fraction thereof. 100,001 cubic yards or more - $375.00 for the first 100 ,000 cubic yards, plus $15.00 for each additional 10,000 cubic yards or fraction thereof. TABLE NO. 6 - SOLAR PERMITS For Collectors (including related piping and regulating devices) - Up to 1000 sq. ft. . . . . . 3. 00 Between 1,001 and 2,000 sq. ft. 5.00 More than 2,000 sq. ft. , $5.00 plus $1. 00 per 1000 sq. ft. or fraction thereof over 2,000 sq. ft. For Storage Tanks (including related piping and regulating devices) - Up to 750 gallons . . . . . . . . . . . 2.00 Between 751 and 2,000 gallons . . . . . . . . . . . . . . . . . . . . 3.00 More than 2,000 gallons, $3. 00 plus $1. 00 per 1, 000 or fraction thereof over 2,000 gallons For Rock Storage - Up to 1500 cu. ft. . . 2. 00 Between 1501 and 3000cu. ft. . . . . . . . . . . . . . . . . . . . . 3.00 More than 3000 cu. ft. , $3. 00 plus $1. 00 per 1000 cu. ft. or fraction thereof over 3000 cu. ft. For each appliance or piece of equipment for which no fee is listed . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2.00 8 Resolution No. 40-8 TABLE NO. 7 - SIGN PERMITS VALUATION PERMIT FEE $1.00 to $500 .00 $10.00 $501.00 to $2,000 .00 $10.00 for the first $500.00 plus $1.50 for each additional $100.00 or fraction thereof, to and includ- ing $2,000 .00 $2,001.00 to $25, 000.00 $32.50 for the first $2,000. 00 plus $6.00 for each additional $1,000.00 or fraction thereof, to and includ- ing $25,000.00 $25,001. 00 to $50,000 .00 $170. 50 for the first $25,000.00 plus $4. 50 for each additional $1,000 .00 or fraction thereof, to and including $50 ,000.00 $50 , 001. 00 to $100,000.00 $283.00 for the first $50,000.00 plus $3.00 for each additional $1,000.00 or fraction thereof, to and including $100 ,000. 00 $100,001.00 and up $433.00 for the first $100,000. 00 plus $2. 50 for each additional $1,000.00 or fraction thereof TABLE NO. 8 SWIMMING POOL PERMITS For swimming pools and for spas and hot tubs not installed at the same time as a_ building or building- addition: - VALUATION PERMIT FEE $1.00 to $500.00 $10.00 $501.00 to $2,000 .00 $10 .00 for the first $500.00 plus $1.50 for each additional $100.00 or fraction thereof, to and includ- ing $2,000.00 $2,001. 00 to $25,000.00 $32. 50 for the first $2,000.00 plus $6.00 for each additional $1,000 .00 or fraction thereof, to and includ- ing $25,000.00 $25,001.00 to $50 ,000 .00 $170. 50 for the first $25,000.00 plus $4. 50 for each additional $1,000.00 or fraction thereof, to and including $50,000. 00 9 Resolution No. 40-83 $50 ,001. 00 to $100 ,000.00 $283.00 for the first $50 ,000.00 plus $3.00 for each additional $1,000 .00 or fraction thereof, to and including $100,000.00 $100 ,001.00 and up $433.00 for the first $100 ,000 .00 plus $2. 50 for each additional $1, 000 .00 or fraction thereof For spas and hot tubs installed at the same time as a building or building addition 20.00 For swimming pool, spa and hot tub equipment, use Table Nos. 2, 3, 4 and 6 as appropriate. TABLE NO. 9 - RETAINING WALL PERMITS VALUATION PERMIT FEE $1.00 to $500.00 $10.00 $501.00 to $2,000. 00 $10 .00 for the first $500.00 plus $1. 50 for each additional $100.00 or fraction thereof, to and includ- ing $2,000.00 $2,001. 00 to $25,000.00 $32. 50 for the first $2,000.00 plus $6.00 for each additional $1,000. 00 or fraction thereof, to and includ- ing $25,000. 00 $25,001. 00 to $50 ,000 .00 $170 .50 for the first $25,000.00 plus $4.50 for each additional $1,000.00 or fraction thereof, to and including $50,000. 00 $50 , 001. 00 to $100 ,000.00 $283. 00 for the first $50 ,000.00 plus $3.00 for each additional $1, 000 .00 or fraction thereof, to and including $100,000. 00 $100,001.00 and up $433. 00 for the first $100,000 .00 plus $2. 50 for each additional $1,000 .00 or fraction thereof TABLE NO. 10 - PLAN CHECKING For buildings or structures, signs, swimming pools or spas or hot tubs, and retaining walls: 65% of the permit fee as set forth in the appropriate Table 10 Resolution No. 40-83 For buildings or structures, signs, swimming pools or spas or hot tubs, and retaining walls, which have standard plan approvals or approvals from other authorized agencies: $20.00 or 65% of the permit fee as set forth in the appropriate Table, whichever is less For electrical, mechanical, plumbing and solar if plans are not checked in conjuction with buildings or structures to be constructed at the same time: 25% of the permit fees as set forth in the appropriate Table For grading plan checking: 50 cubic yards or less . . . . . . . . . . . . . . . . . . . . . . . . . . . No fee 51 to 100 cubic yards . . . . . . . . . . . . . . . . . . . . . . . . . . . 10.00 101 to 1000 cubic yards . . . . . . . . . . . . 15. 00 1001 to 10,000 cubic yards . . . . . . . . . . . . . . . . . . . . . . . 20. 00 10 ,001 to 100,000 cubic yards - $20 , 00 for the first 10 ,000 cubic yards, plus $10,00 for each additional 10,000 cubic yards or fraction thereof. 100 ,001 to 200,000 cubic yards - $110. 00 for the first 100 ,000 cubic yards, plus $6 .00 for each additional 10, 000 cubic yards or fraction thereof. 200,001 cubic yards or more - $170 .00 for the first 200 ,000 cubic yards, plus $3.00 for each additional 10,000 cubic yards or fraction thereof. For additional plan checking required by changes, additions, or revisions to approved plans: $15. 00 per hour, with a half-hour minimum charge TABLE NO. 11 - MISCELLANEOUS FEES Demolition . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30.00 NOTE: Fee shall be waived by building official if building to be demolished is used for practice drills by Fire Department. Compliance Survey . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 100.00 Building Relocation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 350.00 Mobilehome (other than temporary dwelling) . . . . . . . . . . . . 200.00 Temporary Dwelling . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 35.00 11 Resolution No. 40-83 Permit Issuance. . . . . . . . . . . . . . . . . . . . . . . . . . Each permit. . . . . . . . . . . . . . . . . . . . . . . . . 10.00 Each supplemental permit. . . . . . . . 3. 00 Inspections outside of normal business hours (two hour minimum charge) 15.00/hr Reinspection (per Administrative Code Section) . . . . . . . . 15.00/ea Inspections for which no fee is indicated (one-half hour minimum charge) 15.00/hr Replacement of inspection record card . . . . . . . . . . . . . . . . . 10. 00 Replacement of job copy of approved plans . . . . . . . . . . . . . 15.00 Cross-connection . . . . . . . . . . . . . . . . . (225.00 deposit with unused portion, less 25. 00 , to to be retained by City for its cost, based on actual cost billing by Health Department to be returned to the permittee) Driveway Encroachment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 20.00 Appeal To Board of Appeals . . . . . . . . . . . . . . . . 250.00 To City Council . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 130 .00 Investigation Fee (for work commenced without permit. . . Equal to permit fee re- quired by this Res- olution NOW, THEREFORE, BE IT FURTHER RESOLVED that the fees set forth in this Resolution shall take effect on the effective date of Ordinance No. 70. On motion by Councilman and seconded by Councilman , the foregoing resolution is hereby adopted in its entirety on the following vote: AYES: NOES: ABSENT: ADOPTED: 12 Resolution No. 40-83 MARJORIE R. MACKEY, Mayor ATTEST: BARBARA NORRIS, City Clerk APPROVED AS T ORM: A . ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: MURRAY L. WARDEN, City Manager 13 1 , AGS., M E M O R A N D U M TO: ' 'Murray FROM: Larry McPherson SUBJECT: Petition for Street Maintenance District Maleza Avenue DATE: October 19, 1983 Attached is 'a petition to place certain properties on Maleza Avenue into a Street Maintenance District for the purposes of paving and main- taining Maleza Avenue for access to the lots in that area. Five of the nine effected property, owners have signed the petition. The attached map shows the area to be included in the proposed maintenance district as well as thoseproperties indicating positive support for the creation of a district. As background, I have, had several conversations with some of the residents, outlining options available for them to enable them to have their private access road paved and maintained. They attempted to have the road improvements privately constructed, however were unable to achieve total cooperation of all the properties involved. In January I met with some of the residents of the area and again outlined options • available. It was the consensus of those at the meeting that they wished to pursue the maintenance district proposal since it would allow the construction of a less than standard road, which would be maintained by theproperty owners through the district process. One of the constraints to building a road to City standards under the standard road assessment district proceedings is that extensive grading would be required, raising the construction cost substantially and requiring encroachment into developed yards. The residents I have talked to indicated they 'don't wish to alter their yards and can get- by with a roadway width of 201 or less. -They also 'ind.ir-ated they have no objection to paying a 'small annual fee to cover ongoing maintenance for a paved road. I have estimated the cost to construct a paved access road with a width of 20' to be $7,000. Annual maintenance should be no more than $150-$200. Under the Maintenance District proceedings as outlined in Section 5820-5856 of the Streets and Highways Code, if the district is;approved, the City could levy a one time assessment to have the road improvements installed and levy an annual maintenance fee to cover ongoing expenses. The one-time road construction cost would be approximately $800 per lot with the annual maintenance cost on the order of $20 per lot. • Maleza Assessmenoistrict page two • I believe the residents may wish to have the Cit- advance funds to allow immediate construction of the roadway paving with repayment made through the collection of the future assessments. No specific terms have been mentioned, however, some property owners may also_wish to pay-off the assessment in one payment. Section 5835.5 of the Streets and Highways Codes does provide for a loan of funds by the City to a Maintenance District. The loan interest rate is fixed by the 'Council and the maximum term is for 10 years. It is my recommendation that Council accept the petition for the formation of a Street Maintenance District and proceed with preparation of a Resolution of Intention to order the formation of the district. Specific recommendations concerning the possible options available to finance the work can be discussed and decided on at the time the resolution is considered'. The formation of the district requires certain ngt;f,cations to property owners, postingsf protest and rate setting hearings. If the Council wishes to proceed with the district, then those steps will be T S u 3 S r Q u G,w'7' /_I/r 6r�r+r6C S . Ar It is proposed that the benefit of improving and maintaining Maleza Avenue be divided equally to each of the lots taking access from that road. • If, during the protest hearings, a majority of the property owners file a protest, then the Council may terminate the proceedings unless Council overru es the protest 517 a our- itths vote. LAWRENCE McPHERSON LM:vh cc: City Attorney Finance Dir. att. r J 4�F c o _ s '.w � ♦ 2 /n Sys `a ��_ \ • >A ii:✓r 6 Ua�' V. Zt. Pis°" T' � ^ "°` �e'" s®•. as. >. •.•r' ,6' Z e n - � c I-�N•-� ' �.h, vi a l r v+�s0 O: t� .c Q s._:d O a� � 4�' 4ss d'r�-� < y�� • n�,•c.oas a . a O tit ♦ {-`� ss s '. dT' i f H O � i �'y ssY _ Ir rz n O�\] • O w O 'C � .. - d~ ry q tL t t �O faa � ., r Q2 s ^+ O��zi O� -O.. • `y rN\lu • -. C t M • J� f `� +�- g Ow.tt..P.t -��ij�.6pi_-R Ox �, 17' A. •t' to' i� Y1 �. A ~w-Fi.il ' .•of to a •. � O. � - l ON z 4a 4 a� PETITI©N FOR IMPROVEMENT OF MALEZA AVENUE As enabled by Section 5820-5856 of Streets and Highway Code we the under- signed Y signed property owners hereby petition City Council to form a Maintenance Assessment District to improve and maintain the roads shown on this petition. We understand that the estimate cost for intial improvement will be approximately $802 per lot, $530 per lot APN 29-131-02, with an annual maintenance cost of $20 thereafter. If, after the improvements are in, the property owners elect to terminate the District, the City will be under no obligation to continue maintenance of said roads. Assesor's -- - Parcel Number Address Property Owner (signature) 29-121-07 29-121-07 5360 J. Hazard 29-121-06 5380 PL & VK Roberts 29-121-05 5390 FL & ME Sumner i 29-121-20 5400 R & HL Trigo CG % 29-121-19 5420 SW Davis Etal; 29-131-26 5465 WH & PA Koens 29-131-23 5425 RE & LL Dillon 29-131-25 5425 RE & LL Dillon 29-131-02 Vacant Chevron_ USA 0 PETITION FOR IMPROVEMENT OF MALEZA AVENUE As enabled by Section 5820-5856 of Streets and Highway Code, we the under- signed property owners hereby petition City Council to form a Maintenance Assessment District to improve and maintain the roads shown on this petition. We understand that the estimate cost for intial improvement will be approximately $802 per lot, $530 per lot APN 29-131-02, with an annual maintenance cost of $20 thereafter. If, after the improvements are in, the property owners elect to terminate the District, the City will be under no obligation to continue maintenance of said roads. Assesor's _ Parcel Number Address Property Owner (signature) 29-121-07 5360 J. Hazard 29-121-06 5380 PL & VK Roberts 29-121-05 5390 FL & ME Sumner 29-121-20G 5400 R & HL Trigo (it,cJ 29-121-19 5420 SW Davis Etal, 29-131-26 5465 WE & PA Koens 29-131-23 5425 RE & LL Dillon 29-131-25 5425 RE & LL Dillon 29-131-02 Vacant Chevron USA 1 - ��cX j i 67 0 I i i C , , y - i t _ i i 1 i ; 1 " ; Mv AGENDA DA o �, h3 lTEN1 • _M_E_M 0 RAN D U M_ ?� TO: City Manager FROM: Finance Director SUBJECT: Amendment of PERS Contract DATE: October 18, 1983 During the Fiscal Year 1983-84 labor negotations, it was mutually agreed to modify our- PERS contract for Fire Safety members to include the 1959 Survivors Program. The attached Resolution of Intention is the first step -of several required to implement this change. The des- ignated effective date is Janaury 1984. As part of the process, Section 7507 of the Government Code re- quires our governing body to make public the cost implications of the proposed contract amendment• at a public meeting prior to the adoption of`'the' final ordinance. Therefore: "The PERS rate; for Safety members, without the optional bene- fits, would be 18.052%. Our new rate with additions of the 1959 Survivors Program is 18.124%, thus the change in cost of • the optional benefits is ' .072,%, (18.124%-18.052%) Applying this percentage to the most current payroll figures for ten (10) firemen, including the Chief, for the next twelve months generates a total cost to the city of $485.00. Following adoption of. the Resolution of Intention and announcement of the cost factors at a public meeting, certificates of such action must be mailed to PERS. In addition, an election by ballot must be conducted amongst those fire officers involved and certified results of such election sent to PERS. --We will- then receive the final- con- tract documents from PERS and schedule the first reading of the ordi- nance on November 14, -1983 with the second reading scheduled for No- vember 28, 1983. The ordinance becomes effective on December 29, 1983, allowing effective date of the amendment beginning with payroll period following January 7, 1984. This matter should be entered as a separate agenda item so that the above factors of cost may be made public in conjuction with con- sidering the Resolution of Intention. RALPH H. DOWELL, JR. • RHD:ad RESOLUTION NO. 44-83 • RESOLUTION OF INTENTION TO APPROVE AN AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY 'COUNCIL OF THE CITY OF ATASCADERO WHEREAS, the Public Employees' Retirement Law permits the partici- pation of public agencies and their employees in the Public Employees' Retirement System by, the execution of a contract, and sets forth the procedure by which said public agencies may elect to subject them- selves and their employees to amendments to said Law; and WHEREAS, one of the steps in the procedure to amend this contract is the adoption by the legislative body of the public agency of a res- olution giving notice of its intention to approve an amendment to said contract, which resouti'on shall contain a summary of the change pro- posed in said contract; and WHEREAS, the following is a statement of the proposed change: To provide Sections 21380-21387 (1959 Survivors Program) in- cluding Section 21382.2 (Increased1959Survivors benefits) for local fire members. NOW, THEREFORE, BE IT RESOLVED that the governing body of the • above agency does hereby give notice of intention to approve an amend- ment to the contract between the said governing body and the Board of Administration of the Public Employees' Retirement System, a copy of said amendment being attached hereto, as an "Exhibit" and by this ref- erence made a part hereof. On motion by Councilman and seconded by Councilman the foregoing- motion is hereby- adopted in its entirety on the following vote: AYES: NOES: ABSENT: ADOPTED: MARJORIE R. MACKEY, Mayor ATTEST: BARBARA NORRIS, City Clerk Resolution No. 44-83 APPROVED AS TO ORM: ALLEN GRIMES, City Attorney APPROVED AS TO CONTENT: MulkIlAf L. fRDEN, City Manager 2 AMENDMENT TO CONTRACT BETWEEN THE BOARD OF ADMINISTRATION OF THE PUBLIC EMPLOYEES' RETIREMENT SYSTEM AND THE CITY COUNCIL OF THE CITY OF ATASCADERO The Board of Administration, Public Employees' Retirement Syst�ma herein- after referred to as Board, and the governing body of above public— gency, here- inafter referred to as Public Agency, having entered into a co ct effective April 19, 1980, -and witnessed March 19, 1980, and as amended Active July 1 , 1980 and April 30, 1983, which provides for participation of,:�Iublic Agency in said System, Board and Public Agency hereby agree as follod A. Paragraphs 1 through 12 are hereby stricken from sa' contract as executed effective April 30, 1983, and hereby replaced by following paragraphs numbered 1 through 12 inclusive: 1 . All words and terms used herein which axed defined in the Public Employ- ees' Retirement Law shall have the meafi�g as defined therein unless otherwise specifically provided. "Normal retirement age" shall mean age 60 for local miscellaneous members and age 55 for local safety members. 2. Public Agency shall participate in the Public Employees' Retirement System from and after April 19,1980 making its employees as herein- after provided, members of said System subject to alb provisions of the Public Employees' Retirement Law except suoh as apply only on election of a contracting agency and are not provided for herein and to all amendments to said Law hereafter enacted except those, which by express provisions thereof, apply only on the election of a con- tracting agency. 3. Employees of Public Agency in the following classes shall become mem- bers of said Retirement System except such in each such class as are excluded by law or this agreement: a. Local Fire Fighters (herein referred to as local safety members) ; b. Local Police Officers (herein referred to as local safety members) ; C. Employees other than local safety members (herein referred to as local miscellaneous members). 4. In addition to the classes of employees excluded from membership by said Retirement Law, the following classes of employees shall not become members of said Retirement System: NO ADDITIONAL EXCLUSIONS 5. This contract shall be a continuation of the benefits of the contract of the Atascadero Fire Protection District, hereinafter referred to as "Former Agency", pursuant to 20567.2 of the Government Code, Former Agency having ceased to exist and having been required by law to be succeeded by Public Agency on July 1 , 1980. Public Agency, by this contract, assumes the accumulated contributions and assets derived therefrom and liability for prior and current service under Former Agency' s contract with respect to the Former Agency's employees. a. Service performed for the former agency prior to July 1 , 1980 shall be subject to the terms and conditions of the fori4er agency's contract as it was in effect at that time. S,_'Lvice performed after July 1 , 1980 shall be subject to th 14rms and conditions of this contract. For purposes of puting retirement__allowances, separate calculations shak��e made for service performed under each contract. 6. The fraction of final compensation to be providebr each year of � el credited prior and current service as a local mlaneous member shall be determined in accordance with Sectio,6*121251 .13 of said Retirement Law (2% at age .60 Full). 7. The fraction of final-E compensation to b?�� ovided for each year of credited prior and current service as Zcv cal safety member shall be determined in accordance with Sectio 252.6 of said Retirement Law (2% at age 55 Full). ., 8. The following additional provisions of the Public Employees' Retire- ment Law, which apply only upon election of a contracting agency, shall apply to the Public Agency and its employees: a. Section 20952.5 (Age 50 voluntary retirement) for local safety members only. b. Section 20983.6 (Waiver of age 70 retirement) for local miscellaneous members only. C. Sections 21380-21387(1959 Survivors Program)- including Section 21382.2 (Increased 1959 Survivors Benefits) , for local safety members only. , , _ 9. Public Agency, in accordance with Section 20759.1 Government Code, shall not be considered an "employer" for purposes of Chapter 6 of the Public Employees' Retirement Law. Contributions of the Public Agency shall be fixed and determined as provided in Section 20759, Government Code, and such contributions hereafter made shall be held by the Board as provided in Section 20759, Government Code. 0 10. Public Agency shall contribute to said Retirement System as follows: a. With respect to local miscellaneous members, the agency shall contribute the following percentages of monthly salaries earned as local miscellaneous members of said Retirement System: (1 ) 0.116 percent until June 30, 1999 on account of the liability for prior service benefits. (2) 7.912 percent until June 30, 2000 on account of th liability for current service benefits. 0I b. With respect to local safety members, the agency �� contribute the following percentages of monthly salaries ead as local safety members of said Retirement System: �a (1 ) 1 .118 percent until June 30, 2005 on a4of of the liability for prior service benefit'` (2) 16.806 percent until June 30, 20 11 on account of the liability for current service lits. (3) 0.200 percent on account of o'ie liability for the 1959 Survivor Program. C. A reasonable amount, as fixed by the Board, payable in one in- stallment within 60 days of date of contract to cover the costs of administering said System as it affects the employees of Public Agency, not including the costs of special valuations or of the periodic investigation and valuations required by law. d. A reasonable amount, as fixed by the Board, payable in one in- stallment as the occasions arise, to cover- the costs of special valuations on account of employees of Public Agency, and costs of the periodic investigation and valuations required by law. 11 . Contributions required of_ Public Agency and its employees shall be subject to adjustment by Board on account of amendments to the Public Employees' Retirement Law, and on account of the experience under the Retirement System as determined by the periodic iuveatigation and val- uation required by said Retirement Law. 12. Contributions required of Public Agency and its employees shall be paid by Public Agency to the Retirement System within thirty days after the end of the period to which said contributions refer or as may be prescribed by Board regulation. If more or less than the cor- rect amount of contributions is paid for any period, proper adjustment shall be made in connection with subsequent remittances, or adjust- ments on account of errors in contributions required of any employee may be made by direct cash payments between the employee and the Board. Payments by Public Agency to Board may be made in the form of warrants, bank checks, bank drafts, certified checks, money orders or cash. B. This amendment shall be attached to said contract and shall be effective on the day of 19 Witness our hands the day of , 19 BOARD OF ADMINISTRATION CITY COUNCIL PUBLIC EMPLOYEES' RETIREMENT SYSTEM OF THE 1• CITY OF ATASCADERO �Q BY BY CARL J. BLECHINGER, EXECUTIVE OFFICER Presiding OfPter Approved as to form: Attest:4Q t..r Margaret J. ehn, Le 'Office,VDate Clerk PERS CON-702