HomeMy WebLinkAboutPC Resolution 2019-0032�;;? , 2011
PC RESOLUTION 19-0032 ATY OF ATASCADERO
PLANNING
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF ATASCADERO RECOMMENDING THAT THE CITY
COUNCIL REPEAL AND REPLACE CHAPTER 7 (FIRE CODE)
OF TITLE 4 (PUBLIC SAFETY CODE)
OF THE ATASCADERO MUNICIPAL CODE
CITY OF ATASCADERO
(CPP19-0080)
WHEREAS, an application has been received from the City of Atascadero, to consider a
project consisting of Amendments to the Atascadero Municipal Code to be consistent with the
California Building Standards Code; and,
WHEREAS, it is the desire and intent of the Planning Commission to provide residents
with common sense reform to the City's Municipal Code to reduce regulations; and
WHEREAS, the City Fire Marshall has reviewed applicable sections of Title 4 and has
determined section need to be modified for consistency with State Law; and
WHEREAS, provisions codified in this title are adopted to implement and supplement the
Streets and Highways Code as it exists and as it may be amended from time to time; and
WHEREAS, it is the desire and intent of the City of the Atascadero to provide citizens
with the greatest degree of fire, life and structural safety in buildings in the most cost effective
manner by adopting that body of regulations referred to as the California Building Standards Code
with amendments specific to the City of Atascadero; and
WHEREAS, the California Health and Safety Code, Section 17958.5 and Section 18941.5,
require the Planning Commission, before recommending any modifications or changes to the
California Building Standards Code pursuant to Health and Safety Code Sections 18941.5 and
17958.5, to make an express finding that each such modification or change is needed; and
WHEREAS, such findings must be made available as a public record and a copy thereof
with each such modification or change shall be filed with the State of California Building
Standards Commission; and
WHEREAS, the Planning Commission of the City of Atascadero affirms the findings
justifying previous changes and modifications to the adopted construction and fire codes
previously adopted; and,
WHEREAS, the Planning Commission has determined that the provisions of the State
Building Standards Code are shall be modified, changed and amended, as provided for in this
ordinance, based upon the foregoing findings and that said Council takes said action because of
the public interest in protecting life and preserving public safety and property.
NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of
Atascadero make the following findings, determinations and recommendations with respect to the
proposed Code Text Amendments:
SECTION 1. Recitals: The above recitals are true and correct.
SECTION 2. Public Hearing. The Planning Commission of the City of Atascadero, at a Public
Hearing held on November 19, 2019, considered the proposed zoning text amendments.
SECTION 3. Findings. The Planning Commission makes the following findings, determinations
and approvals with respect to the Code Text Amendments:
1. The code amendments are justified by climatic, topographic or geological
conditions of the City.
2. The code amendments are at least as restrictive as the State mandated
Codes.
3. The following statements support the local necessity for the changes or
modifications:
A. That the City of Atascadero is situated at the base of a watershed of the
Santa Lucia Mountains and that flooding of Atascadero Creek, Graves
Creek, and Salinas River results in conditions rendering fire
department vehicular traffic unduly burdensome or impossible as
witnessed in major floods that occurred in 1952, 1961, 1969, 1973,
1978, 1982, and 1995. Furthermore, flood conditions described above
create the potential for overcoming the ability of the fire department to
aid or assist in fire control, evacuations, rescues and other emergency
task demands inherent in such situations. The resulting overburdening
of fire department personnel may cause a substantial or total lack of
protection against fire for the buildings and structures located in the
City of Atascadero. The afore -described conditions support the
imposition of fire protection requirements greater than those set forth
in the California State Building Standards Code and, in particular,
support the imposition of greater requirements than set forth in the
2019 California Building Code;
B. That the City of Atascadero is situated near three major faults each
capable of generating earthquakes with a magnitude of 7.5. These are
the San Andreas to the east of the City, the Nacimiento-Rinconada that
crosses Hwy 101 north of the City, then parallels the City to the east,
and the Hosgri to the South West. Other faults of importance are the
Huasna and West Huasna to the Southeast of the City, the San Simeon
to the Northwest. In as much as these faults are included as major
California earthquake faults, which are subject to becoming active at
any time, the City Atascadero is particularly vulnerable to devastation
should such an earthquake occur. The potential effects include
isolating the City of Atascadero from the North and South due to the
potential for collapsing of freeway overpasses or a slide on both the
Cuesta and Ontario Grades and the potential for horizontal or vertical
movement of the Edna fault rendering surface travel across the
southern extremities of the city unduly burdensome or impossible.
Additional potential situations inherent in such an occurrence include
broken natural-gas mains causing structure and other fires, leakage of
hazardous materials, the need for rescues from collapsed structures,
and the rendering of first aid and other medical attention to large
numbers of people. The protection of human life and the preservation
of property in the event of such an occurrence support the imposition
of fire protection requirements greater than those set forth in the
California State Building Standards Code and in particular support the
imposition of greater requirements than set forth in 2019 California
Building Code;
C. That the central commercial area in the City of Atascadero consists of
mixed conditions that create the potential for possible conflagration,
including congested streets during the business day, numerous older
buildings without adequate internal fire -resistance, and contemporary
low-rise buildings. Significant spread of fire in said area will actually
exceed the fire suppression capabilities of regional firefighting
personnel. The continued development of the Atascadero commercial
area and the current and potential development of high-rise buildings
pose a substantial threat of fire to human life, public safety, and the
preservation of property and support the imposition of fire protection
requirements greater than those set forth in the California State
Building Standards Code, and in particular, support the imposition of
greater requirements than set forth in 2019 California Building Code;
D. That the City of Atascadero is bisected by a major freeway (Hwy 101),
traversing in the north/south direction and a major highway (Hwy 41)
traversing in an east/west direction. The City is also transected by a
mainline railroad that traverses in the north/south direction. It is a
frequent occurrence for the aforementioned highways and railway to
support the transportation of hazardous materials. The potential for
release or threatened release of a hazardous material along one of these
routes is highly probable given the volume transported daily. Incidents
of this nature will normally require all available emergency response
personnel to prevent injury and loss of life, and to prevent as far as
practicable, property losses. Emergency personnel responding to said
incidents may be unduly impeded and delayed in accomplishing an
emergency response as a result of this situation, with the potential
result of undue and unnecessary risk to the protection of life and public
safety, particularly in those buildings or structures without the
protection of automatic fire sprinklers. The above-described problems
support the imposition of fire protection requirements greater than
those set forth in the California State Building Standards Code, and in
particular support the imposition of greater requirements than set forth
in the 2019 California Building Code;
E. That seasonal climatic conditions during the late summer and fall
create numerous serious difficulties in the control and protection
against fire situations in the City of Atascadero. The hot, dry weather
in combination with Santa Ana winds frequently results in wildland
fires in the brush -covered slopes on the Santa Lucia Mountains and
several areas surrounding. The aforementioned areas completely
surround the City. When a fire occurs in said areas, such as occurred
in 1994, the Highway 41 fire burned for several days and entered the
City, the entirety of local fire department personnel is required to
control, monitor, fight and protect against such fire situations in an
effort to protect life and preserve property and watershed land. The
same climatic conditions may result in the concurrent occurrence of
one or more fires in the more populated areas of the City without
adequate fire department personnel to protect against and control such
a situation. Therefore, the above-described findings support the
imposition of fire -protection requirements greater than those set forth
in the California State Building Standards Code, and in particular
support the imposition of greater requirements than set forth in the
2019 California Building Code;
F. That for the most part, the soils in the City of Atascadero are medium
to highly expansive in nature, and such soils may cause damage to
foundations, structures and underground utilities if not properly
mitigated through known construction techniques. Furthermore, a
significant part of the City lies on hills and rolling topography subject
to earth slides and movements and present problems to developments
constructed in such areas due to surface water drainage and disposal.
The above-described conditions support the imposition of
requirements greater than those set forth in the California State
Building Standards Code and, in particular, support the imposition of
greater requirements than those set forth in the 2019 California
Building Code.
SECTION 4. All of Chapter 7, 2019 California Fire Code within Title 4 of the City of
Atascadero Municipal Code are hereby repealed and replaced by new Chapter 7, Fire Code as
follows.
CHAPTER 7 FIRE CODE
4-7.102 Adoption of Fire Code and Wildland-Urban Interface Code.
(a) Two (2) documents, three (3) of which are on file in City offices, identified by the Seal
of the City of Atascadero, marked and designated as the 2019 Edition of the California Fire Code
and the 2018 Edition of the International Wildland-Urban Interface Code published by the
International Code Council are hereby adopted, including chapters and sections not adopted by
agencies of the State of California, and including appendices thereto, as the Fire Prevention
Regulations of the City of Atascadero. The provisions of such are hereby referred to, adopted,
and made a part hereof as if fully set out in this chapter except as modified hereinafter (2019).
4-7.103 Local modifications to the California Fire Code.
(a) Adopt Appendix D without Table D103.4 and Figure D103.1
(b) Amend Chapter I, Division II, Section 101.1 to read as follows:
101.1 Title. These regulations shall be known as the Fire Code of the City of Atascadero,
referred to as "this code."
(c) Amend Chapter I, Division II, Section 108.1 to read as follows:
108.1 Board of appeals'established. In order to hear and decide appeals of orders, decisions or
determinations made by the fire code official relative to the application and interpretations of this
code, there shall be and is hereby created a board of appeals, consistent with Title 8, section 1.02
of the Atascadero Municipal Code. The fire code official shall be an ex officio member and shall
act as secretary to said board but shall have no vote upon any matter before the board. The board
shall adopt rules of procedure for conducting its business.
(d) Amend Section 311.2.2 Fire Protection by deletion of Exceptions 1, 2 and 3.
(e) Amend Section 503.1.1 to read as follows:
503.1.1 Buildings and facilities. Approved fire apparatus access roads shall be provided for
every facility, building or portion of a building hereafter constructed or moved into or within the
jurisdiction. The fire apparatus access road shall comply with the requirements of this section
and shall extend within 150 feet (45,720 mm) of all portions of the facility and all portions of the
exterior walls of the first story of the building measured by an approved route around the exterior
of the building or facility. Additionally, all roads and driveways shall comply with Atascadero
Fire Department standards.
Exception: The fire code official is authorized to increase the dimension of 150 feet (45,720
mm) where:
I . Fire apparatus access roads cannot be installed because of location on property,
topography, waterways, nonnegotiable grades or other similar conditions, and an approved
alternative means of protection is provided.
2. There are not more than two Group R-3 or Group U occupancies.
(f) Delete Section 505.1:
(g) Amend Section 507.2.2 to read as follows:
507.2.2 Water tanks. Water tanks are not permitted for private fire protection.
(h) Delete section 605.11
(i) Amend Section 609.2 to read as follows:
609.2 Where required. A Type I hood shall be installed at or above all commercial cooking
appliances and domestic cooking appliances used for commercial purposes that produce grease
vapors. Hood systems shall be tied into existing alarm systems.
0) Amend Section 901.7 to read as follows:
901.7 Systems out of service. Where a required fire protection system is out of service, the fire
code official shall be notified immediately and, where required by the fire code official, the
building shall either be evacuated or an approved fire watch shall be provided for all occupants
left unprotected by the shut down until the fire protection system has been returned to service.
Where utilized, fire watches shall be provided with at least one approved means for notification
of the fire department and their only duty shall be to perform constant patrols of the protected
premises and keep watch for fires. The person assigned to fire watch shall maintain a written log
of their activities during their assigned shift and the log shall be provided to the fire code official
upon request.
(k) Delete Sections 903.2 through 903.2.19 and replace as follows:
903.2. Where required. An approved automatic fire sprinkler system shall be installed
throughout all new buildings, and/or buildings that are increased in size that meet the following
conditions below:
1. Buildings containing Groups B and M occupancies where floor area is greater than or
equal to 500 square feet (46.45 m2) and located less than or equal to 10 feet from adjacent
buildings on the same property and less than or equal to 5 feet from adjacent property lines.
2. Buildings containing Group U occupancies where floor area is greater than or equal to
1,000 square feet (92.9 m2) and located less than or equal to 10 feet from adjacent buildings on
the same property and less than or equal to 5 feet from adjacent property lines, unless part of a
mixed -occupancy building containing a Group R, Division 3 occupancy.
3. Group U occupancy buildings that are not open on at least three sides and greater than
or equal to 3,000 square feet.
4. Throughout an existing building other than a Group R, Division 3 occupancy or a U
occupancy when accessory to a Group R, Division 3 occupancy whenever additions exceed ten
(10) percent of the total floor area of the existing building, and the total combined floor area will
exceed 2,000 square feet (185.8 m2), or a second story or greater is added.
5. Throughout an existing Group R, Division 3 occupancy or Group U occupancy when
accessory to a Group R, Division 3 occupancy whenever:
a. Additions exceed ten (10) percent and total combined floor area will exceed 3,000
square feet (278.7 m2); or
b. The total combined floor area will exceed 5,000 square feet (464 m2)
6. Group B and M occupancies whenever single or multiple additions will exceed 1,000
square feet (92.9 m2) beyond the size of the structure on the effective date of this regulation, or
the total combined floor area will exceed 5,000 square feet (464.5 m2), or a second story or
greater is added.
7. Group A, B, E, F, M and S occupancies where one of the following conditions exist in
existing buildings when modification or tenant improvements are being considered:
1. The fire area exceeds 5,000 sq. ft. (464 m2).
2. The fire area has an occupant load of 100 or more.
3. The fire area is located on the floor other than a level of exit discharge serving A,
B, E, F, M and S occupancies.
4. The structure exceeds 5,000 sq. ft. (464 m2), contains more than one fire area
containing A, B, E, F, M and S occupancies and is separated into two or more buildings by
firewalls of less than four-hour fire resistance rating without openings.
8. In A-5, F-1 and S-1 building occupancy as follows:
1. An automatic sprinkler system shall be provided for Group A-5 Occupancies in
the following areas: concession stands, retail areas, press boxes and other accessory use areas in
excess of 1,000 square feet (90 m2).
2. A Group F-1 Occupancy used for the manufacture of upholstered furniture or
mattresses exceeds 2,500 square feet (232 m2).
3. Woodworking Operations. An automatic sprinkler system shall be provided
throughout all Group F-1 occupancy fire areas that contain wood -working operations in excess
of 2,500 square feet in area which generate finely divided combustible waste or which use finely
divided combustible materials. A firewall of less than four hour fire -resistance rating without
openings, or any firewall with openings, shall not be used to establish separate fire areas.
4. A Group S-1 occupancy used for the storage of upholstered furniture or
mattresses exceeds 2,500 square feet (232 m2).
9. Any commercial occupancy, A, B, E, F, M, and S that is converted to an R occupancy
adjoining other commercial uses.
903.2.11 Additions to existing buildings equipped with an automatic fire sprinkler
system. For the purpose of requiring the automatic fire sprinkler systems specified in this
chapter, the floor area within the surrounding exterior walls shall be considered as one building.
903.2.21 Flow switch. All sprinkler systems including NFPA 13, 13R and 13D shall require a
flow switch that is connected to a local bell and is highly encouraged to have an inspector test
valve at the most hydraulically remote location per Atascadero Fire Department standards.
903.2.13 Automatic fire -extinguishing system. An automatic fire -extinguishing system shall be
installed as set forth in Section 903.2 of the California Fire Code as amended in Section 4-7.103
of the Atascadero Municipal Code.
(1) Add Sections 907.10 through 907.10.2 to read as follows:
907.11 False alarms. The fire code official is authorized to seek cost recovery for a fire
department response to an alarm system activation which is determined to be a false alarm
caused by system malfunction, system misuse or other non -emergency causes.
907.11.1 False alarm frequency. The cost recovery fee will be charged for all responses after
the second false alarm in a calendar year.
907.11.2 False alarm fee. The amount of the cost recovery fee will be as set forth in the City of
Atascadero User Fees Schedule. Additional fees may be charged for extraordinary
circumstances.
(Ord. 607 § 1, 2017)
(m) Amend Section 1204.2 to read as follows:
1204.2 Access and pathways. Roof access, pathways and spacing requirements shall be
provided in accordance with Sections 1204.2.1 through 1204.3.3. Pathways shall be over areas
capable of supporting firefighters accessing the roof. No portion of a pathway shall be located
on a portion of a gable roof overhanging the gable rafter or truss. Pathways shall be located in
areas with minimal obstructions. Such as vent pipes, conduit or mechanical equipment.
Exceptions:
1. Detached, non -habitable Group U structures including, but not limited to, detached
garages serving Group R-3 buildings, parking shade structures, carports, solar
trellises and similar structures.
2. Roof access, pathways, and spacing requirements need not be provided where the fire
code official has determined that rooftop operations will not be employed.
(n) Amend Section 1204.2.1.1 to read as follows:
1204.2.1.1 Pathways to ridge. Not fewer than two 36 inch wide (914mm) pathways on each
roof plane on which modules are located, or on adjacent roof planes or straddling the same and
adjacent roof planes, from lowest roof edge to ridge, shall be provided on all buildings.
Exception:
1. These requirements shall not apply to structure designed and constructed in
accordance with the California Residential Code.
2. These requirements shall not apply to roofs with slopes of 2 units vertical in
12 units horizontal or less.
(o) Amend Section 1204.2.1.2 to read as follows:
1204.2.1.2 Setbacks at ridge. A setback of not less than 36 inches (914mm) is required on both
sides of a horizontal ridge.
(p) Delete Section 1204.2.1.3
(q) Amend Section 1204.2.2 to read as follows:
1204.2.2 Emergency escape and rescue openings. Panels and modules installed on Group R-3
buildings shall not be placed on the portion of a roof that is below an emergency escape and
rescue opening. A pathway of not less than 36 inches (914mm) wide shall be provided from the
emergency escape and rescue opening to the eave directly below and a 36 inch wide (914mm)
shall be provided directly in front of the full length of the wall line containing the emergency
escape and rescue opening(s).
(r) Amend Section 1204.3.2 to read as follows:
1204.3.2 Interior pathways. Interior pathways shall be provided between array sections to meet
the following requirements:
1. Pathways shall be provided at intervals not greater than 150 feet (45,720 mm)
throughout the length and width of the roof.
2. A pathway of not less than 4 feet (1219 mm) wide in a straight line to roof standpipes
or ventilation hatches.
3. A pathway not less than 4 feet (1219 mm) wide around roof access hatches, with not
fewer than one such pathway to a parapet or roof edge.
4. A pathway of not less than 4 feet (1219 mm) wide to and around each piece of
powered mechanical equipment.
(s) Amend Section 1204.4 to read as follows:
1204.4 Ground -mounted photovoltaic panel systems. Ground -mounted photovoltaic panel
systems shall comply with Section 1204.1 and this section. Setback requirements shall not apply
to ground -mounted, free-standing photovoltaic arrays. A clear, brush -free area of 10 feet (3048
mm) shall be required around ground -mounted photovoltaic arrays and under the array. Arrays
shall be located a minimum of 20 feet (6096 mm) from other structures and shall not be located
so as to impede access to and around a structure in any manner. Mounts shall be of non-
combustible construction. No storage shall be permitted under the panel arrays. Arrays shall not
be located upon biological conservation easements, riparian or vernal pool area.
SECTION 5.: CEQA. The proposed Title 4 zoning text change is exempt from the
California Environmental Quality Act (CEQA), Public resources Code Section 21000 et seq.,
because it can be seen with certainty that there is no possibility that the enactment of this Ordinance
would have a significant effect on the environment (Pub. Resources Code § 21065; CEQA
Guidelines §§ 15378(b)(4), 15061(b)(3).
SECTION 6.: Recommendation of Approval. The Planning Commission of the City of
Atascadero, in a regular session assembled on November 19, 2019, resolved to recommend that
the City Council introduce for first reading by title only, an Ordinance that would amend the City
Title 4 Text.
BE IT FURTHER RESOLVED that a copy of this Resolution be delivered forthwith by the
Planning Commission Secretary to the City Council of the City of Atascadero.
On motion by Commissioner Anderson, and seconded by Commissioner van den Eikhof, the
foregoing resolution is hereby adopted in its entirety by the following roll call vote:
AYES: Anderson, Keen, van den Eikhof, Wolff, Dariz (5)
NOES: None
ABSTAIN: None
ABSENT: Shaw, Zirk
ADOPTED: November 19, 2019
A%
Phil Dunsmore
Planning Commission Secretary
CITY OF ATASC A
Mark Dariz
Planning Commission Vice Chairperson