HomeMy WebLinkAboutItem 2 - 4080 Horizon Staff Report (1 of 2) Construction Board of Appeals
Agenda Report Meeting Date: 11/29/2021
Item Number: 2
DATE: November 16, 2021
FROM: Rodger Maggio, Fire Marshal/Chief Building Official
PREPARED BY: John Mezzapesa, Code Enforcement Officer II
Phone Number: (805) 781-7179
E-mail: jmezzapesa@slocity.org
SUBJECT: APPEAL OF ADMINISTRATIVE CITATION #25409 FOR UNPERMITTED
STORAGE CONTAINERS AND UNPERMITTED RETAINING WALLS IN VIOLATION OF
CREEK SETBACK REQUIREMENTS.
SITE DATA
The subject property is located at 4080 Horizon Lane in San Luis Obispo. The surrounding properties
consists of a combination of County unimproved land and manufacturing/service commercial uses.
According to city records the parcel was annexed and incorporated into city limits in 2008 and was
acquired by the current owner in approximately January of 2008.
RECOMMENDATION
Adopt a resolution upholding Citation #25409 dated July 15, 2021 issued to Ferris Richard W &
Sharliss S Trust.
APPELLANT Warren Ferris
ZONING C/OS-SP
APPEAL
SUBMITTAL
July 23, 2021
GENERAL PLAN Services & Manufacturing
SITE AREA ~3.3 Acres
CODE
VIOLATION(S)
CBC § 105.1 [SLOMC
15.02.010]
CBC § 105.1 [SLOMC
15.02.010]
SLOMC § 12.23.030
SLOMC § 17.70.030
City of San Luis Obispo, Title, Subtitle
DISCUSSION
Summary
In early March of 2017, City Code Enforcement staff was contacted by Game Warden Terri Hickey from
the California Department of Fish and Wildlife (CDFW) regarding the unauthorized channelization of
the south fork of San Luis Obispo Creek at 4080 Horizon Lane and the construction of a retaining wall
system within the creek. A subsequent inspection of the property with staff from CDFW, Central Coast
Regional Water Quality Control Board (CCRWQCB), SLO City Code Enforcement and SLO City
Building & Safety was completed on March 9, 2017 (Attachment #1). This inspection confirmed that
the creek has been unlawfully channeled, with substantial alterations to the bed, bank and channel of the
creek, and that an unpermitted retaining wall system was constructed within the required creek setback.
Other violations identified on the property were the use of metal shipping containers as buildings.
A Notice of Violation was issued by CDFW on March 30, 2017, addressing the creek bed alterations
and related Fish and Game Code violations. Although the property owner asserts that the channeled
portion of the creek is a “drainage ditch,” the Notice of Violation issued by CDFW confirms that the
channelized section on appellant’s property is a creek (a tributary to San Luis Obispo Creek) and the
channelization constitutes “modification of an approximately 360-foot segment of a tributary to San Luis
Obispo Creek located at 4080 Horizon Lane in the City of San Luis Obispo.” (Attachment #2). The
waterway’s status as a creek is also confirmed in the City’s Conservation and Open Space Element,
Figure 9 (Attachment #20).1
SLO City Code Enforcement issued a Notice of Violation (NOV) on April 10, 2017, for the unpermitted
construction of the observed retaining walls within a creek setback and the unpermitted construction of
a building utilizing metal shipping containers (Attachment #3). The specific violations noted in the April
10, 2017 NOV are:
1. The construction of retaining walls to create a channel directing creek flow that were completed
without approval or permits. [SLOMC § 15.02.010; California Building Code (CBC) § 105.1]
2. Metal storage containers have been stacked to create a two-level structure. The structure
appears to be utilized as a working space. The stacking of the storage containers requires a
building permit. [SLOMC § 15.02.010; CBC § 105.1].
3. Lighting and mechanical equipment was observed in multiple units. [SLOMC § 15.02.010;
CBC 105.1].
4. The construction of retaining walls was completed within a creek area. [SLOMC § 12.23.030]
5. The afore mentioned retaining walls, multiple storage containers, vehicles and other equipment
have been placed within the 20-foot creek setback area. [SLOMC § 17.16.025].
1 Creek set back requirements apply to “all creeks as defined in the open space element and shown on that element’s
creek map, and only to those creeks.” SLOMC 17.70.030 B., formerly, SLOMC 17.16.025 B.
City of San Luis Obispo, Title, Subtitle
The April 10, 2017, NOV provided a compliance deadline of May 10, 2017. To date, none of the noticed
violations have been corrected.
From 2018 to present, enforcement activity to correct the noticed violations was limited as the City was
in discussions with the County District Attorney’s office regarding possible prosecution or resolution of
the Fish and Wildlife Code violations cited by the CDFW. Additionally, due to the COVID-19 health
crisis and the shift to provide outreach and education to the community, many code enforcement
processes and citations within the City were delayed or temporarily placed on hold. In further discussions
with the State, they may still proceed with enforcement for violations of the Fish and Wildlife Code but,
regardless of potential State actions, the City determined to go forward with enforcement for City code
violations.
In late June of 2020, San Luis Obispo City Fire Department responded to a call regarding a fire within a
metal shipping container at the subject property. Fire reports indicate that at least one of the shipping
containers showed evidence that it was in use as a sleeping/living space and/or workspace (Attachment
#28). The use of the shipping container was unable to be determined, however, the fire investigation
prompted follow up inspection and enforcement of existing violations. In July of 2021, Code
Enforcement Staff revisited the violations associated with the subject property and determined that no
corrections of violations or submittal of any request for permits or exceptions had occurred.
Based on the continued violations of the California Building Code and SLO Municipal Code, a further
NOV, and Administrative Citation No. 25409 (Attachment #29) for $400.00, were issued on July 15,
2021.Since issuance of the citation, a clerical error has been noted on the Administrative Citation. The
fourth violation of SLOMC § 17.70.030 (E) is listed on the citation with a description of “Unpermitted
storage container building” while it should be listed as “Creek Setback Dimensions” consistent with the
Notice of Violation that accompanied the citation and with the applicable code section). The violations
cited in Administrative Citation No. 25409 are:
1. Unpermitted retaining wall. [SLOMC § 15.02.010; CBC § 105.1]
2. Unpermitted storage container building. [SLOMC § 15.02.010; CBC § 105.1]
3. Prohibited activities in creek. [SLOMC § 12.23.030]
4. Unpermitted storage container building. [SLOMC § 17.70.030 (E)
Unpermitted Retaining Walls within Creek
During the inspection on March 9, 2017, an unauthorized channelization via construction of a retaining
wall system was observed to have been completed within the south fork of San Luis Obispo Creek
running through the subject property. The retaining wall system was constructed of stacked interlocking
type retaining wall blocks with no apparent concrete footing or rebar support systems. The structure was
one continuous wall with a drainage culvert pipe extending through the wall at each end of the property.
The height of the wall varied with a maximum height of approximately 10 feet.
City of San Luis Obispo, Title, Subtitle
The 2019 California Building Code, as adopted, states that “Any owner or authorized agent who intends
to construct, enlarge, alter, repair, move, demolish or change the occupancy of a building or structure,
or to erect, install, enlarge, alter, repair, remove, convert or replace any electrical, gas, mechanical or
plumbing system, the installation of which is regulated by this code, or to cause any such work to be
done, shall first make application to the building official and obtain the required permit.” (Attachment
#10). The same code section continues to describe a number of scenarios is which certain scopes of work
are considered exempt from obtaining a permit. One such exemption is described as “Retaining walls
that are not over 4 feet (1219mm) in height measured from the bottom of the footing to the top of the
wall, unless supporting a surcharge or impounding Class I, II or IIIA liquids.” (Attachment #10)
The construction of the observed retaining walls require the submission of an application and associated
plans to obtain a building permit. If the property owner were to choose to alter the observed retaining
walls to lower them to a height not to stand over 4 feet, a permit would also be required to verify the
necessary alterations were completed.
The location of the retaining wall system proves problematic as it was constructed within a regulated
creek area in violation of both the City’s Creek Regulations (Attachment #14) and zoning regulations
for creek setbacks (Attachment #15). The construction of the retaining wall system was also found in
violation of California Fish and Game Code by the CA Department of Fish and Wildlife.
As a result of the violations cited by the City and the CA Department of Fish and Wildlife, it is unlikely
that the structure will be allowed to remain in its current location. If the property owner wishes to
maintain the current location of the retaining wall system, they may pursue options that will most likely
require several exceptions and permits. No pursuits have been documented thus far.
An analysis of historical documents within the city and county found no approved or issued building
permits for the installation of walls or piping to direct creek flow. The only approval on file is a that of
a land use permit issued by the county which authorizes a storage yard on site.
A county planning approval was discovered dated December 23, 2002, with a description shown as
“Open Drainage Ditch To Culvert” (Attachment #16) When contacted, county officials describe the
“county permit” as a land use permit application for a storage yard, not a drainage ditch (Attachment
#17). The applicant, at the time, called the drainage course a "ditch" on the application (Attachment #18).
The County did not make a determination whether the drainage course was a creek or ditch. There are
no approvals on record allowing any industrial units to be constructed with any form of modified creek
setback.
The watershed located on the subject property is a blue line creek that meets the City’s definition of a
creek found in SLOMC § 17.158.010 (Attachment #31). This definition is:
A waterway or portion of waterway designated in the general plan as a creek. A drainage ditch,
concrete swale, underground culvert, or storm drain (as indicated on the general plan) is not a
creek. Creeks located outside the urban reserve line are as designated by the USGS 7.5 Minute
series quadrangle maps or county data
.
City of San Luis Obispo, Title, Subtitle
The watershed traveling through the property clearly was considered a creek as early as 1994, as shown
on the creek map from the City’s 1994 Conservation and Open Space Element (COSE) (Attachment
#19) and creeks and wetlands map from the 2006 COSE (Attachment #20). The creek is not manmade
and appears on aerial photos prior to current ownership of the subject property as shown on the attached
photo dated 1996 (Attachment #21).
The City considered the subject area a creek at the General Plan level (COSE 2006) at the time the
subject property was annexed into the City. In addition to the creek channelization, it appears that
wetlands were filled sometime between 2000 and 2004, and further grading and filling occurred between
2011 and 2014. Please refer to attached timeline (Attachment #24) and aerial photos (Attachment #21)
for reference including pertinent historical City policy and land use actions related to the waterway’s
designation as a creek.
In addition to the city’s determination relating the designation of the waterway, the CA Department of
Fish and Wildlife has determined that the waterway is a creek. An email with this determination was
provided from the CDFW in May of 2017 (Attachment #32).
The annexation of land from the County allowed for historical use of the property to continue until
changes are made in how the property is used or if new construction occurs. No permits or approvals
were issued by the County or the City for the construction of the current retaining wall within the creek
channel.
While preliminary submittals show that the Avila Ranch Development proposed a realignment of the
creek, the plans for the development have been altered and no longer include a redirection of the creek.
Creek setback regulations have been in place since 1996 (please refer to attached “Ordinance 1302”
(Attachment #22)). City Zoning Regulations Chapter 17.16 Property Development Standards, Section
17.16.025 Creek Setbacks was adopted by the City Council on December 21, 1997. The creek setback
identified in these regulations is 20 feet for the property in question. Please refer to Zoning Regulations
Section 17.16.025.E. Creek Setback Dimensions (Attachment #23). A recent update to the zoning
regulations changed this code section from 17.16.025.E to 17.70.030.E without any significant changes
to the regulations (Attachment #15).
Use of Shipping Containers as Buildings
During the inspection on March 9, 2017, numerous shipping containers were observed to be stored on
site. While a majority of the containers could be considered as stored items in compliance with a use of
the property as a storage yard, approximately 10 containers stored on the Southeast portion of the
property appeared to be in process of modification. These containers were stacked two high and five
across, each one approximately 40 feet long and 8 feet wide, with a square footage of approximately 320
sq feet. The connection of these containers has created a building with a roof area of approximately 1,600
square feet and a potential total area of 3,200 square feet. An exterior stairway leading to the second
story container has been constructed along the side of the structure leading to an exterior doorway that
has been cut into the side of a second story container. Aerial footage of the property collected by San
Luis Obispo Police in November of 2019 confirmed the existence of the stairway (Attachment #4).
City of San Luis Obispo, Title, Subtitle
Additionally, doorways were observed to be cut between the second level storage containers joining
them as one space (Attachment #5). A letter received from the property owner confirmed the intended
use and creation of a building utilizing these storage containers as a storage occupancy (Attachment #6,
Page 8).
In late June of 2020 San Luis Obispo City Fire Department responded to a call regarding a fire within a
metal shipping container at the subject property. Fire reports indicate that at least one of the shipping
containers showed evidence that it was in use as a sleeping/living space and/or workspace (Attachment
#28). The use of the shipping container was unable to be determined, however, the fire investigation
prompted follow up inspection and enforcement of existing violations.
The 2019 California Building Code and the 2019 California Residential Code define a building as
“Any structure utilized or intended for supporting or sheltering any occupancy” (Attachment #7). Storage
occupancy, according to the code, can be “… the use of a building or structure, or a portion thereof, for
storage that is not classified as a hazardous occupancy.” (Attachment #8)
The City’s adopted codes 15.02.010 (Attachment #9) include the California Residential Code and
California Building Code. Both state that “Any owner or authorized agent who intend to construct,
enlarge, alter, repair, move, demolish or change the occupancy of a building or structure, or to erect,
install, enlarge, alter, repair, remove, convert or replace any electrical, gas such work to be done, shall
first make application to the building official and obtain the required permit.” (Attachment #10)
In 2019, the City adopted Ordinance 1670 which amended title 15 of the Municipal Code and the latest
edition of the of the California Building Standards Codes. (Attachment #11). The ordinance, through
San Luis Obispo Municipal Code § 15.04.020, amended Chapter 1, Division II, Section 102.1 of the CA
Building Code for applicability to the use of shipping containers. (Attachment #12)
As described in CA Building Code § 104.1 (Attachment #13), the building official has the authority to
render interpretations of the intent and purpose of the CA Building Code. As interpreted by the building
official, shipping or storage containers with a floor area over 120 square feet are considered structures
and fall under the City’s adopted codes. Further, the containers are not categorized as work exempt from
obtaining a permit. (Attachment #10)
Enforcement Activity
As noted, in early March of 2017 Code Enforcement staff was contacted by Game Warden Terri Hickey
from California Department of Fish and Wildlife (CDFW) regarding the unauthorized channelization of
the south fork of San Luis Obispo Creek at 4080 Horizon Lane and the construction of a retaining wall
system within the creek. A subsequent inspection with staff from CDFW, Central Coast Regional Water
Quality Control Board (CCRWQCB), SLO City Code Enforcement and SLO City Building & Safety
was completed on March 9, 2017 (Attachment #1). An additional inspection report was generated by
CCRWQCB staff (Attachment #25). The CCRWQCB initially stated they would be moving forward
with a Notice of Violation but in August of 2017 notified city staff that they would not be moving forward
with enforcement due to staff time constraints (Attachment #33).
The aforementioned violations were identified, and a Notice of Violation (NOV) (Attachment #3) was
issued to the property owner on April 10, 2017. Code Enforcement Staff received a response letter from
City of San Luis Obispo, Title, Subtitle
the property owner on May 3, 2017(Attachment #26), which was outside of the five-day period required
for acceptance of a Request for Director’s Review. In the spirit of fairness, the letter was processed as if
the Request for Director’s Review was received in a timely manner. A determination and response was
provided to the property owner on September 12, 2018 (Attachment #27). Our department received an
additional letter from the property owner in response to the Director’s Decision on October 31, 2018.
No response was given by the City as the property owner had exhausted all appeal options at the time.
As noted, from 2018 to present, enforcement activity to correct the noticed violations was limited as the
City was notified that the CDFW case had been forwarded to the District Attorney’s Office in May of
2019 (Attachment #34). As a result, the city was in discussions with the County District Attorney’s office
regarding possible prosecution or resolution of the Fish and Wildlife Code violations cited by the CDFW.
Additionally, due to the COVID-19 health crisis and the shift to provide outreach and education to the
community, many code enforcement processes and citations within the City were delayed or temporarily
placed on hold. In further discussions with the State, they may still proceed with enforcement for
violations of the Fish and Wildlife Code but, regardless of potential State actions, the City determined
to go forward with enforcement for City code violations.
In late June of 2020 San Luis Obispo City Fire Department responded to a call regarding a fire within a
metal shipping container at the subject property. Fire reports indicate that at least one of the shipping
containers showed evidence that it was in use as a sleeping/living space and/or workspace (Attachment
#28). The use of the shipping container was unable to be determined, however, the fire investigation
prompted follow up inspection and enforcement of existing violations.
In July of 2021 Code Enforcement Staff revisited the violations associated with the subject property and
determined that no corrections of violations or submittal of any request for permits or exceptions had
occurred.
Based on the continued violations of the California Building Code and SLO Municipal Code, a further
NOV and Administrative Citation No. 25409 (Attachment #29) for $400.00 were issued on July 15, 2021
(since issuance of the citation, a clerical error has been noted on the Administrative Citation. The fourth
violation of SLOMC 17.70.030 (E) is listed on the citation with a description of “Unpermitted storage
container building” while it should be listed as “Creek Setback Dimensions” consistent with the Notice
of Violation that accompanied the citation and with the applicable code section).
An appeal for administrative citation no. 25409 was received by the City Attorney’s office on July 23,
2021 (Attachment #30). This appeal was submitted for consideration of the citation issued for violations
of CBC § 105.1 (adopted through SLOMC 15.02.010), SLOMC § 12.23.030 and SLOMC § 17.70.030.
Next Steps
1. The Board may grant the appeal
2. Continue the action and request staff and/or appellant provide additional information
3. Uphold the violation(s) and deny the appeal.
City of San Luis Obispo, Title, Subtitle
Attachments:
1. March 9, 2017 Inspection record
2. March 30, 2017 Dept of Fish and Wildlife Notice of Violation
3. April 10, 2017 SLO City Notice of Violation
4. SLO Police Drone footage November, 2019
5. March 9, 2017 Inspection photos: doorways in storage structure
6. October 31, 2018 Response letter from property owner
7. CA Building Code Definitions
8. CA Building Code § 311
9. San Luis Obispo Municipal Code § 15.02.010
10. CA Building Code § 105.1
11. San Luis Obispo City Ordinance #1670
12. San Luis Obispo Municipal Code § 15.04.020
13. CA Building Code § 104.1
14. San Luis Obispo Municipal Code § 12.23
15. San Luis Obispo Municipal Code § 17.70.030
16. Permit records from SLO County
17. May 17, 2017 Email with SLO County planner
18. County Land Use Application and Permit
19. 1994 Open Space Element creek map Figure 4
20. 2006 COSE Figure 9
21. Horizon Lane Area photo timelapse 1996-2014
22. Ordinance 1302 – Creek Setback regulations
23. San Luis Obispo Municipal Code § 17.16.025
24. Historical event timeline
25. March 9, 2017 Water Board inspection record
26. May 3, 2017 Request for Director’s Review
27. September 12, 2018 Director’s Decision
28. June 29. 2020 SLO City Fire Department Incident Report
29. July 15, 2021 First Administrative Citation
30. July 23, 2021 Administrative Citation Appeal
31. San Luis Obispo Municipal Code § 17.158.010
32. May 9, 2017 Email from Dept of Fish and Wildlife
33. Emails with CCRWQCB
34. May 9, 2019 Email from Dept of Fish and Wildlife
INSPECTION WORKSHEET (CODE-02242-2017)
INQR-2017-0086Case Number:Case Module:Permit Management
03/09/2017 FailedInspection Status:Inspection Date:
Code ViolationInspection Type:Inspector:John Mezzapesa
Job Address:Parcel Number:4080 Horizon Ln
San Luis Obispo, CA 93401
053-258-017
Company Name NameContact Type
FERRIS RICHARD & SHARLISS TRUST
Checklist Item CommentsPassed
A. General Inspection Comments False 3/9/17 Inspection on property with an Fish and Game Wardens,
Scientist from Central Coast Water Board, SLO city Building &
Safety Supervisor. The main concern for the other agencies is to
determine if there are any pollutants entering the water and how
the creation of a channel formed by retaining walls affects water
flow and creek quality.
We observed a channel through the property that was created by
large retaining walls made of concrete wall blocks. The channel
was approximately 350 feet long and stood as tall as 10-15 feet tall
and as short as 4-5 feet tall. The channel appeared to be directing
creek flow as natural creek habitat was both upstream and
downstream of the retaining wall section. The retaining wall had
failed causing collapse at the top of the channel. In many portions
the retaining wall was leaning. The portion of collapsed wall
indicated how the wall was constructed. The blocks looked to the
stacked with no signs of further reinforcement. Sea train
containers, vehicle and other materials were stored within 2-3 feet
from the top of the wall all along the channel.
The property was being utilized as a storage yard for sea train
containers, fifth wheel trailers, equipment and other materials. An
area of the property had sea train containers five across and two
high. The second level container doors were open and it was
observed that doorways were cut to allow access between
containers. Workers were inside the upper level performing some
sort of industrial work as grinding or cutting could be heard from the
ground.
January 11, 2019 Page 1 of 1
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October 31, 2018
Michael Cedron
Community Development Director
919 Palm Street
San Luis Obispo, CA 93401
Dear Michael Cedron,
Due to over two decades of past dealings with you, I know you to be an honest and sincere
man. I, therefore, must assume the factual errors in your letter are from your staff and you are
unaware of them or you do not fully appreciate the magnitude of the harm the positions you are
taking will cause to my family, my business, and the community.
Without agreement on some of the most basic facts, it is hard to reach the best conclusion.
I am disappointed with the short shrift given to the rights of my family but understand that on
some issues where you stand can depend on where you sit.
I hope I can offer convincing and clarifying information so we can reach a mutually agreeable
solution.
Becau se each paragraph of your letter is very important and must be addressed,! have
numbered each paragraph of your letter and will refer to each paragraph number when
responding to each paragraph of your letter.
PARAGRAPHS 1, 2, 3, & 4:
First, the issue of the retaining wall: Obviously, we were in error. We thought that as it was all
below grade, it was okay to do. It is not a construction with a footing, mortar, and rebar and
because it was just a stacking of retaining wall blocks, and temporary, we thought was okay,
sorry.
Our wall was only envisioned as semi-temporary until the ditch was rerouted according to the
Avila Ranch plans and then we would have no ditch or minimal drainage in a pipe through our
property.
Our current plan is to cover the ditch after putting in whatever size pipe or concrete box culvert
is still needed. We figured this would happen as part of our first attempt to build on the site.
Since you now tell us the ditch is not going to be rerouted, it will require a "regular-sized pipe"
but, otherwise, our plans still are in effect.
To comply with your concerns, we have removed all blocks over 48" tall from both sides of the
ditch. This should resolve this issue. This way, we are not in need of a permit as the walls are
not over 4' tall.
V:\Fire\Letters\Michael Codron part 2 Oct18.docx
ATTACHMENT 06
We have also made sure no vehicle or pedestrian traffic will be within 48" of the top of the 48"
tall blocks so there should be no surcharge issue. We trust that until the other details of the
ditch are resolved, this issue can be moot.
PARAGRAPH 5:
In your 5th paragraph, it is noted that our ditch was not considered anything but a ditch until at
least 1994. It was a ditch since 1910 when Union Oil constructed it along with all the other
berms, earthworks, and roads within the Tank Farm facility -So, without significant legal due
process regarding property rights, it is still legally a ditch today in spite of the renaming action.
As shown in the 1937 aerial photo (see Attachment 3), the ditch was in place and was also
completely within the industrial facility it drained.
Please explain in detail how an 85-year-old ditch became a blue line waterway with no change
in the drainage, the ditch, or its use? We would appreciate copies of the studies and maps this
change is based on. Please also cite the legal authority used for the renaming action.
Since the change from an industrial ditch within an industrial complex to a blue line creek is
legally huge and significant, it is time for the City to show us the research, field studies,
evaluations, reasoning, legal process, and authority behind such a huge and financially
significant change.
According to the Army Corps of Engineers, "Manmade watercourses cannot be blue line
streams."
According to the national wetland survey, the entire Tank Farm area is acknowledged and
recognized as manmade -(Has an X at the end of its designation).
To us, it appears that a planner sitting at his desk schemed to convert an existing ditch to a
creek, with the stroke of a pen, having zero concerns or regard to the property rights and
existing uses and plans of the affected property owners and little or no knowledge of the actual
use and history.
By showing us how such a big decision was reached without ever contacting and negotiating
with the affected property owners, and what facts, research, and the authority used to justify the
City's actions are based on, will help us be better able to understand and respect the City's
positions and how they affect our property and property rights.
You are probably correct in your disagreement (regarding our ditch assertions) only if you mean
we failed to mention the oil separator pond that required the use of the water detention system
during heavy rains. It is more than a "1,800-foot ditch" -It also had an industrial oil separation
facility 2/3 the way down the ditch that was on our property.
The concept that the oil company-built ditch is a blue line creek, and yet has an industrial oil
separation facility 2/3 the way down the ditch, is not reasonable. The entire ditch was originally
all contained within the Union Oil industrial facility and did not function as drainage for any other
land. Your claim of a "blue line creek" is more than a stretch.
V:\Fire\Letters\Michael Codron part 2 Oct18.docx
ATTACHMENT 06
The statement that the ditch (you refer to it as a creek) is not manmade is absurd, non-factual,
and totally without merit. It was built in 1910 and modified in 1927. It it totally manmade,
completely a ditch, and it drains no natural runoff from any surrounding areas because Union Oil
put up berms to keep all natural drainage from the hills behind the site, out of the site, and out of
our ditch. If the City or other parties changed or modified this without our knowledge, they may
well have significantly affected both our land and water rights.
The manmade ditch appears in any and all aerial photos after 1910 and none before. Historical
maps before 1910 do �OT show a creek or other waterway in the area of the Tank Farm.
Therefore, we are 100% certain and the facts 100% indicate that the ditch is manmade. The
ditch originally drained ONLY the Union Oil Tank Farm industrial facility. The ditch was
completely within the original Union Oil facility when built.
The ditch, after leaving the original Union Oil property, joins with three pipes which drain the
detention ponds that drain the Suburban Road business. After 200' or so, the slightly enlarged
agricultural ditch joins another ditch that drains into another ditch and, finally, into Davenport
Creek (an actual blue line creek).
In regards to your claim that our 1,800' industrial ditch is a blue line waterway: We have
included Federal Government printouts showing our ditch is not considered a blue line
waterway. Please show us Federal maps showing a blue line waterway receiving the outflow of
our ditch and/or that our ditch is a blue line waterway.
I have included a copy of the 7.5 Minute series map containing our property and it shows no
blue line creek ( see Attachments 2a and 2b).
I submitted written comments during the hearings (2005 and 2007) (see Attachments 6a-d) on
the open space explaining that a manmade ditch is not a creek and further explaining how the
water detention system works. I pointed out that renaming the ditch and then attempting to take
a 50' swath of property from our use is an illegal taking and we must be involved. Alan Settle
(Mayor at the time) told staff to address our concerns. My letter, testimony, and Mayor Settle's
comments were ignored!
You state "the City" disagrees with the facts about our ditch. This is strange and puzzling since
our facts are the actual facts on the ground and the statement that our ditch is a "blue line
creek" appears to have been entirely made up. A planner, sitting at his desk, without the
needed field work, consideration of existing uses, respect for Federal guidelines, and the
Constitutional property rights issues both State and Federal that are involved cannot just "make
YQ." that our ditch is now a creek!
PARAGRAPH 6:
Creek or ditch -It is a ditch!
In reading City Ordinance No. 1302 (1996 Series), we find:
"EXHIBIT A-Creek Setback Provisions Added to Zoning Regulations"
"Chapter 17.04, Definitions" -
V:\Fire\Letters\Michael Cedron part 2 Oct18.docx
ATTACHMENT 06
"17.04.093 Creek" -Creek is defined as NOT being a drainage ditch, culvert, or storm drain. It
states if located outside the urban reserve line (in 1996) and not listed on the USGS 7.5 Minute
series quadrangle maps, it is also not a creek.
Our ditch is NOT shown on the USGS 7.5 Minute series quadrangle map (see Attachments 2a
& 2b)!
City written copy in the Airport Area Specific Plan plainly states "Tank Farm Creek" is a
collection of drainages (ditches) that for CONVENIENCE was named Tank Farm Creek and the
name was applied to our manmade ditch (see Attachment 5).
The Army Corps of Engineers states manmade waterways cannot be considered blue line
streams.
"17.04.342 Riparian vegetation" -Our ditch has no riparian vegetation, only grass and weeds;
Again, not meeting an important criterion to be considered a creek.
"17.04.440 Top of bank" -Refers to "top of bank" which is used in connection with "naturally
eroded ground slope." Our manmade ditch has steep sides not formed naturally for almost its
entire length -Again, not indicative of a "creek."
All the literature you provided regarding creek setbacks do not apply to our ditch because it is
not now nor has it ever been a creek -It is a drainage ditch and part of an industrial site water
diversion/detention system.
"Chapter 17 .16, Property Development Standards" -
"17 .16. 025 Creek setbacks" -
A)The purpose for creek setbacks are specified, listed 1-5:
1.Protect scenic resources, water quality, and natural creekside habitat, including
opportunities for wildlife habitation, rest, and movement.
-We are a manufacturing zoned lot -There is no natural creekside habitat. It's all
manmade -There are no opportunities for wildlife habitation, rest, or movement.
This does not apply to our commercial lot.
2.Further the restoration of damaged or degraded habitat, especially where a
continuous riparian habitat corridor can be established.
-This does not apply to our commercial Jot -No chance for a riparian channel
without destroying the manufacturing use that the property is zoned for. The original
ditch is in excellent condition as it was since 1927.
3.Allow for natural changes that may occur within the creek corridor.
-Our ditch needs to be buried in a pipe and, therefore, no natural change will occur.
Even if not buried, the detailed City requirements do not allow for natural changes.
V:\Fire\Letters\Michael Codron part 2 Oct18.docx
ATTACHMENT 06
4.Help avoid damage to development from erosion and flooding.
-As long as the large Chevron water detention system is not destroyed by the City's
"taking" of our property, our ditch being in a pipe contributes to this goal.
5.Enable implementation of adopted City plans.
-Applies to our property by increasing the utility of the lot, increasing density, and a
manufacturing zone use. Putting the ditch into a pipe is consistent with the Airport
Area Specific Plan -Not putting it in a pipe is not.
Our property does not fit well with the goals of open space setbacks as it is zoned
manufacturing and we should be able to develop and cover almost 100% of our lot as a City
density and best use goal.
The City's proposed actions do not support the vitality of existing business resources.
The City's proposed actions will hurt our efforts to create jobs and affordable housing.
The City's proposed actions will make impossible our long-term plans to develop the property.
From the 5/1/2007 Council Agenda Report, Airport Area Annexation -
•When annexed, a stated goal:
"Land Use Element Goal 12: Emphasize more productive use of existing commercial
buildings and land areas already committed to urban development."
•The City's attempt to take a 50' strip through the middle of our manufacturing-zoned
property does the opposite of this stated goal.
•The City's actions seem the opposite of encouraging higher densities and compact
development as stated in the airport development plan.
•Property owner outreach is specifically mentioned as a necessity in the annexation, yet,
we were never contacted and our written and verbal concerns were ignored and not
addressed even though we submitted both written and verbal timely objections to the
annexation plan when it was presented.
The City's goals in property which is manufacturing zoned, are increased density and utilization
of the property. Our position supports existing City policy!
PARAGRAPH 7:
The statement that you are unclear as to whether it was a ditch or creek at the time of
annexation reveals a mindset which seems to think what a ditch is called on a planner's
paperwork changes the physical, legal, and real-time reality of the ditch. No one seems to
argue it was not a ditch prior to the 1990's, so unless you can show/prove what changed
physically about the ditch to make it into a blue line creek, it is still legally a ditch today. Even
though the City has re-labeled it incorrectly as a creek, it is still a ditch legally.
V:\Fire\Letters\Michael Codron part 2 Oct18.docx
ATTACHMENT 06
In June of 2000, we did a lot line adjustment with Unocal wherein the convoluted property line
caused by Unocal's original industrial oil separation facility was straightened and made regular
with the surrounding property lines. When the industrial Unocal oil separation facility land
became part of our lot, it returned to its original and correct industrial zoned designation
(County) (manufacturing zoned in the City) just like the rest of our lot.
The adjusted land now included in our lot was an industrial oil separation facility -The
"meadow" portion of our lot is the "forebay" needed for the water staging area that was used
from when the separator pond was in standby active service. As the land was industrial in its
original use, the lot line adjustment merely restored the correct land use designation and made
the lot line regular. It also made the lot more compliant with the airport area goals of increased
density and higher level uses.
The original boundaries and designations followed the property lines and were not based on a
careful and methodical ground survey. When we adjusted the lot line, we adjusted away any
potentially incorrect wetland designations within our lot. In no way did the movement of our
property line affect the adjoining huge, open space/wetland area that Chevron owns.
The original land use designations were done from "10,000 feet" and not by looking at the actual
land and land use. The land use designations were based on the property lines, not by
evaluating the actual conditions. Since our entire lot is of one zoning (manufacturing) and all
the property added by the lot line adjustment was part of the industrial oil separation facility
(industrial), we do not feel there was/is any wetland on our property to fill in.
We left the meadow area undisturbed for future water detention when we developed the
property, and only straightened out and defined its edges so as to better use the land adjoining
the meadow. Looking at the 1996 and 2014 aerial photos show the meadow area substantially
the same except for the edges being better defined. We have been improving our property on
weekends since buying it in 1997. We have never done any formal grading as it is generally
understood.
In your 1996 aerial photo, you can still see the separator pond that was part of the Union Oil
industrial facility (the year before we bought the property) and the meadow acting as its forebay.
You can also see the overflow channel working as it had recently finished draining what it could
back from the water detention area on the Chevron property and the Avila Ranch property line
into the ditch.
When the contractor, for whom we got the County stockpile permit, finished the job replacing
San Luis Obispo City's water pipes, he filled in the separator pond with the old fill removed
when he upgraded the City's new pipes. We felt Unocal sold us the separator pond property
because they did not want the responsibility for the dangerous separator pond. When it rains,
the banks are so steep that you can't climb out and it presented an attractive nuisance at best
and a deadly hazard if partially full of water. Once we had the property, we had the City's
contractor remove/cure this hazard after he finished replacing the City's water pipes. Since we
knew that an industrialized oil/water separation facility cannot be a wetland, the City's contractor
filled the pond with the dirt removed from the City water pipe installation. This made the land
usable and permanently removed the serious hazard.
V:\Fire\Letters\Michael Cedron part 2 Oct18.docx
ATTACHMENT 06
PARAGRAPH 8:
Speaking of when our property was annexed: We based our long-term plans on putting the ditch
into a box culvert or pipe. When we were annexed, we were in the process of jumping through
hoops to achieve a permit to put the ditch in a pipe or box culvert. We had no indication that we
would not be able to put the ditch into a pipe. When we bought the property, it came with a
permit to put the ditch into a pipe and build industrial condos on the property.
The expectation that we could actually use the property and build on it was a key factor in our
purchase. We looked into the laws governing the property (County) and saw we could bury the
ditch and have a usable lot. We made our long-term plans and have been dutifully trying to
implement them to this day.
You are now stating that the City has a "right" to a 50'-wide .easement diagonally through our
property and through our neighbor's property. This would reduce the usability and value of our
property by over 50% and would not allow for the plans we have been working towards for over
20 years.
At some point, you seem to be stating that someone TOOK half of our property's value without
telling us. We had no chance to effectively protest or assert our rights and have them respected
or actually considered.
We knew that all or almost all of the existing commercial property owners on Suburban Road
and Horizon Lane did not want annexation and that as part of the airport commercial area we
were safe from any legitimate annexation effort by the City for the foreseeable future. When the
City decided to annex all the Prado Road/Tank Farm Road land for the residential housing
projects that were in planning, a clever planner schemed a method to effectively eliminate our
property rights concerning annexation by grouping us with totally dissimilar, future housing land
with enough annexation vote power to pre-determine the outcome of the annexation regardless
of our votes and desire on the subject.
The reason I mention this is that if the City had not cheated by splintering us off from the other
commercial properties and disenfranchising our rights we would by now have had a County
permit and the ditch would be underground, out of sight to the betterment of all. Without the
unfair annexation, our plans would be realized and this could not be an issue.
Was the Suburban Road/Horizon Lane portion of the last annexation done fully legally? Was it
fair to property owners? Was the clever disenfranchising a violation of any of our civil and legal
rights?
We can't be sure without efforts that I hope we both do not want to spend the time to arrive at.
We can be sure if we were not annexed we would not be having any issues or discussions.
PARAGRAPH 9:
When we bought the property, it came with an approved County permit to put the ditch into a
pipe and build industrial condos on the property. Only our naivety and lack of funds to
immediately develop the property allowed the permit to lapse ... Otherwise, there would not be
an issue -ditch would be in pipe!
V:\Fire\Letters\Michael Cedron part 2 Oct18.docx
ATTACHMENT 06
When the City annexed the land, we had an active open permit with the County to put a pipe in
our ditch and bury it. City staff should have known of our intentions since at least 2005 and
2007 when we testified before Council and wrote letters explaining the actual situation and our
plans.
I notice in your letter that County staff was not very responsive on the information regarding our
previously open permit. It was not the stockpile permit that was earlier granted and used by the
contractor doing the City's water pipe installation. The stockpile permit had nothing to do with
our application to put the ditch into a pipe or square culvert box and the stockpile permit did not
mention the ditch one way or the other as the ditch was not involved.
I am enclosing a receipt printout (Attachment 1) that shows the amount of the partial refund
County Planning staff gave us when they returned the permit to us and said the City now has
jurisdiction. They returned 80% of our original fees and kept 20% for the work they had done on
our application. The reference number on the receipt should allow you to get further details if
needed.
The County staff stalled our permit application over 11 months and charged us 20% for the work
they did processing our application.
We were told, at the time, that County Planning was in touch with City planning and County was
stalling our permit to see what happened with the annexation. When they stopped processing
our application, we had just done a biological survey of the "meadow" portion to ensure no fairy
shrimp were present.
I would provide you with the complete file but because of our 2015 fire, we have not been able
to find it and it likely has been destroyed.
I appreciate the "City" admitting the City planners have called our ditch a creek only since 2006
and the first time it was potentially referred to as a "creek" was in 1994 City open space
element, which did not yet apply to County land at all.
I request you provide to us the 1994 studies and research used to justify the planning scheme to
change our property rights and land usage along a 100-year-old ditch. To take our land and the
use of our property by having a planner merely re-label our ditch as a "creek" as a part of a
general planning scheme without field work, criteria, or standards being observed is not a legal
way to gain control over a major portion of someone's property.
PARAGRAPH 10:
Regarding your observations on our metal ocean containers: The upper levels of the two-high,
five-wide container pile is part of our ongoing (year three) experiment into the feasibility of
linking interiors as part of a future building concept. We are testing how the breaches perform in
weather and if it seems to actually be worth the trouble. To see the actual practicality and
usefulness requires at least a low level of usage, which is what our slow-selling backstock
inventory provides. We also get the much added bonus of safety by not having to open the
doors on the upper level -(This is both hard and dangerous.) The container stack is both
temporary and an experiment. If the breaches between these boxes become the ultimate issue,
we could close them back up. This would be at the expense of both safety and our experiment
V:\Fire\Letters\Michael Cedron part 2 Oct18.docx
ATTACHMENT 06
in practical utility, but we do still have the steel pieces that were removed. The containers will
not remain in this location when we build.
Your staff member saw us with extension cords doing work on our property because we have
no power except when we run the generator. It is a Harbor Freight 5,500 watt unit that we have
iri a trailer.
We have LED string lighting in the three containers where we open/inspect/replace
parts/repackage our line of Leslie Dame music storage furniture. We process freight returns on
IKEA-style put-together music-related storage racks and cabinets. To process these, we
usually run the $99.00 small generator from Harbor Freight. We use extension cords to connect
the three boxes to the generator when we are there. We put generator and cords away when
we leave. We are at the yard processing boxes six to eight hours a week.
We also have standard fluorescent lighting in our "shop" container that can operate when the
bigger generator is on and plugged into it.
PARAGRAPH 11:
Thank you for your comment on "due process." I apologize for not being clearer in my request
for clarification. The due process I am referring to is the Federal and State laws in regards to
taking of property or the use of property. Whether done through condemnation, right of way, or
eminent domain, there are steps to take which guarantee that the property owner's rights are
respected and the agency doing the taking has properly honored the process. I do not see, in
the case of our ditch, that this has happened. Once a "planner" renamed the ditch, all the
process has been about is our compliance to creek criteria rather than to ditch criteria.
I am looking for the necessary studies, meetings, legal notices to affected owners only, time to
object, and objections actually evaluated and considered within appropriate legal norms.
This did not happen at all with our ditch and property!
PARAGRAPH 12:
In conclusion, there are two remaining things to think about and consider in regard to our
property.
1.Water detention system: As you now know, our property is the keystone of the original
Union Oil water detention/overflow system put in to support the oil separator pond that
was formerly on our property.
On the maps you provide, the detention area is shown as a waterbody/wetland area.
This is only possible as long as our property continues in its role as the restriction that
enables the overflow/detention system to functi�n. Destroy the current configuration of
our property and allow free and unrestricted drainage through our property as you are
demanding, and you lose the detention system as it currently functions. Have you done
studies on this? If so, we would appreciate seeing them.
V:\Fire\Letters\Michael Cedron part 2 Oct18.docx
ATTACHMENT 06
2.Our ditch has been in a pipe since at least 1927 when the oil separation facility was built
after the great fire. It is not a question of if our ditch can be put into a pipe or box culvert.
It has been in a pipe since 1927 and we should only be discussing how long the pipe
can be.
A natural stream is never in a pipe or culvert except at a road crossing. This is yet more
proof our ditch is manmade and an industrial drainage ditch, not a blue line waterway.
In reviewing what City planners have done with the Tank Farm area, it seems they have treated
the area in general as their own blank canvas to create creeks and channels where there are
none to transform drainages (ditches) into blue line streams as if by magic. Disconnected big
puddles became "tributaries" and new channels are created by caveat.
With all the flexibility the City has given itself with the Tank Farm area, there should be room to
let us develop our manufacturing zoned lot to its full potential.
We ask that you affirm our right to put the ditch in a pipe or box culvert so we can proceed with
our plans to put up a warehouse, storage facility, and actual low-cost housing on top of it all if
we can get permission.
Without resolving the ditch issue first, it is not possible to develop the property.
We look forward to reaching an understanding where we can develop and use our property in
the way we have been planning since 1997.
Encl: Attachment 1
Attachment 2
Attachment 3
Attachment 4
Attachment 5
Attachment 6
V:\Fire\Letters\Michael Cedron part 2 Oct18.docx
ATTACHMENT 06
Fwd: Fw: Refund Breakdown for DRC2005-00243
l of 1
A rJ�JNU\t � I
Subject: Fwd: Fw: Refund Breakdown for DRC2005-00243
From: Sharliss Ferris <sferris@squaredealonline.com>
Date: 10/16/2018 12:24 PM
To: "Sharliss Ferris." <sharliss.ferris@g mail.com>, "rfe » Richard Ferris" <rferris@sdrs.biz>
--------Forwarded Message --------
Subject:Fw: Refund Breakdown for DRC2005-00243
Date:Tue, 14 Jul 2009 13:47:35 -0700
From:twanek@co.slo.ca.us
To:sferris@sdrs.biz
Hi Shar,
Below is the refund breakdown you requested.
Tracy Wanek
San Luis Obispo County
Planning and Building Department
Accounting Division
805-781-4158
-----ForwardPd by Tracy Wanek/Planning/COSI.O on 07/14/2009 01:47 PM-----
From:
To:
Date:
Tracy Wanek/Planning/COSLO
at �err�t<ilsdrs.!)l_,
07 /02/2009 03:23 PM
Subject: Refund Breakdown for DRC2005-00243
Shar,
Below is the refund breakdown for withdrawn MUP permit DRC2005-00243.
.EIU X21JA...Public Works MU P Review
X20B-Accourt Traisfer Fee
L33-M UP w/lS
X32-,Ajrport L3nd Use Revew
DRC2005:Q@l3 Re1i,lnd Bppkdown
.1. .!i.. Reason
$ 0% Completed-not eligitle for a refund
$ 0% Completed-not ellgit:Je for a refund
$ 3, 183.68 80% of unused fee portJon (Competed through Info Hold)
$ 427.00 100% No work was done
$ 3,610.68 Amount eigible for refund
Please feel free to email or call if you have questions.
Tracy Wanek
San Luis Obispo County
Planning and Building Department
Accounting Division
805-781-4158
10/16/2018 3:26 PM
ATTACHMENT 06
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� ,,,.�. L -ff ._J' 10/13/2018 Abandoned & Little-Known Airfields: California: San Luis Obispo area
A 1937 War Department photo (courtesy of Dallam Oliver-Lee) showed the tank farm adjacent to the south side of Clark Field.
The 1938 "Descriptions of Airports & Landing Fields in the United States, Volume 23"
published by the U.S. Government Printing Office (courtesy of Dallam Oliver-Lee)
described Clark Field as an auxiliary airfield having one 1,000' clay runway, with a hangar on the north side.
According to the 1939 "The Blue Book of American Aviation; Who's who in the Industry" by Robert Dowling (according to Dallam Oliver-Lee),
Fred Philbrick was the Clark Field manager.
According to www.aeromes.com, Clark Field was replaced circa 1939 by the new San Luis Obispo Airport, located nearby to the east.
"http://www.airfields-freeman.com/CA/Airfields_CA_SanluisObispo.htm 6/137
ATTACHMENT 06
ATTACHMENT 06
ATTACHMENT 06
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ATTACHMENT 06
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SAN LUIS OBISPO AIRPORT AREA SPECIFIC PLAN
Tank Farm Creek
'Tank Fann Creek is the name applied to th� cluster of dralnages
that traverse the western portion of U,e Chevron property , and
which continue through the Avila Ranch property and south of Buck�ey Road.arbe creek, which enters the planning area from the
north as three small tributaries. converges into a single channel on
the Chevron property, just south of Suburban Road/The flows
from Tank Farm Creek are essential to the health of large areas of
seasonal wetland and freshwater marsh located on the Chevron
property.4This drainage also accommodates runoff from the Suburban Road commercial and industrial ar,ea. The creek runs
northeast to southwest across the Avila Ranch site and leaves the
Planning Area at the southwest comer, connecting with the East
Fork of San -uis Obispo Creek about 450 feet downstream1The
channel is highly modlfled, particularly the West Fork and the
southernmost reach of the combined channel.
As an example that the zoning and wetland delineations are based on the property lines, not
actual data or field work, I offer this: The numbers refer to the numbers added to the above
"City" statement about "Tank Farm Creek" taken from the "San Luis Obispo Airport Area
Specific Plan."
1.Tank Farm Creek is the name applied to a cluster of drainages that traverse ...
This makes clear that the City staff is just renaming a ditch and it is not an actual study
that determined it was a creek.
2.The ditch, not creek, is the only drainage channel so nothing can combine at the point
stated.
a)There is only one drainage ditch not three branches as stated. The other water
bodies are landlocked and offer no drainage passage. This was pointed out to staff
in writing yet it is still wrong on the City map.
b)There are no "branches" that converge on "Chevron property" just south of Suburban
Road.
This lack of accuracy indicates that the data and information is estimated or made up
-not accurate, reliable, nor usable for the purpose intended.
c)There is an.overflow notch in the berm wall that is part of the water detention system
-but it only overflows and then returns the water to the same ditch in the end.
V:\Fire\Letters\Codron -Attachment 4 Oct18.docx -10/23/2018
ATTACHMENT 06
d)See Attachments 5a-d for 2014 photos showing NO drainage only semi-connected
and non-connected bodies of water left to evaporate after the last high water. In the
photos, the detention system has finished returning all the water it can to the ditch -
All remaining water must evaporate or be absorbed by the soil.
3.The flow from Tank Farm ditch is essential to drain the marshland when it becomes full -
not to feed water to the marshland as is implied. It should read, "The flows TO the Tank
Farm ditch are necessary to drain water from the wetland when it rains."
Misleading statement implies that the ditch feeds water to a wetland.
4.No part of the drainage from the Suburban Road commercial and industrial area drains
into this ditch until it leaves the original Union Oil property at the Avila Ranch boundary.
All the properties drain through three or four channels to detention ponds along the back
of the properties at the Avila Ranch boundary. All the detention ponds drain through
their output pipes along the back of the properties along the edge of the Avila Ranch
boundary. They only merge when our ditch hits the boundary line with the Avila Ranch.
These drainages are also not creeks but pipes draining detention ponds and ditches, just
like our ditch should be.
Again, a total lack of accuracy and yet staff is basing plans and decisions on a false
premise.
5.Stating that the channel is "highly modified" implies there was a previous channel that
was changed. This is not true. Our ditch is the original manmade channel substantially
as it was in 1911 and exactly as it was from 1927 onwards.
There is no historical record of any major or minor drainage channel historically noted
prior to the 1910 construction so this is not modified -it is as built.
Wording is, at best, deceptive and fails to state the actual condition present. A more
accurate statement would have been, "The ditch remains as it was built with little or no
changes since 1927."
V:\Fire\Letters\Codron -Attachment 4 Oct18.docx -10/23/2018
ATTACHMENT 06
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The reach upsrream of Sanc:1 Fe Ro.id (i.e., between Sanra Fe and Bro,1d
Screer) has been realigned and/or p:mi:.11ly cleared more recen dy and is
not fully recovered. The veger:nion in chis re;1ch includes several large
srcarnores and ac leasr cwo \'ery large oaks, along \\.'ich clumps of
willows. The vegerarion is denser and more marure on che south bank:
the north bank appears ro h,1ve been rhe bank chat was most.disturbed.
This se.::rion of the creek corridor has also h.1d brge pieces of debris such
:is aspl1.1lr, concrete, and rnet.11 dumped along the bank in an efforc to
stabilize it. This material is unsightly, and may contribute co local
rnrbulence and ocher flow problems. \'{'here:1s the reach of East Branch
Crc'�k downsrre:1111 of S,rnr.1 Fe Ro,1d is bounded by open sp:ice, devel
opment in rhe area upstream of S,u'ica Fe Road is situated fairly closeAS'
rh-:: .:r"'ek, approaching rhe cop of bank in some cases.
Acacia Creek
;\..::1..:i,1 Creek enters the pbnning .m:.t from che pruposed D,1
Spomfield Complex in rhe sourheasr corner of rhc ;...{Jrg:iric,1
from rhere ir flows somh along the west ;ide of rhe mobile h
under Tank F:mn Road, ,md th.:n along the west side ofS:111t.1
co;., confluence with E.1st Branch of San Luis Obispo Creek. T
�-1.trg::iric..i Area Specific Pbn ..:alls for rhe Ac:1ci,1 Creek corridor to
t:cnc:rousl�· wiJe ( noc le:!-;; rh:in :,:\-mecers or 120 feec} corridor ro
,,cc,;,mmoda1e wildlife mow,menr. Although chere is lircle woody
,i p.1 ,:.in cover on rhe. re.1d1 immedi,Hely north of the planning area.
d1crc is a marure co\'er of \\'illows :ind exocic veger.1cion. chiefly eucalyp
ws, .dong che reach wichin the pl.inning are,,. Acacia Creek offers
significant opporwnicies for enh,111..:ement borh in rerms of habitat and
.i, .m open space tr,1il corridor linking che pl.urning are:; co rhe �·fargarir;1
.·\rca, Damon-Garci.1 P,1rk :rnd ocher :1re:1s ro che north.
-··--···------------ ----------:.,s ,,. L: :- (_):,:, . , ,:,,. ,.·.. ,,. '-s .. ·, r: ··"
Orcutt Creek
Orcurr Creek also encers the planning arc:a from rhe propnsc<l park in
rhe southeast comer of the �·largarit., Art.-:1. approxim.1tdy .-\00 feet e.,s1
of Ac;1cia Creek. Orcurt Creek carries scormw;m:r rkn o,·::rflow� from
t\.:,teia Creek. The Orcucr Creek channel extend, ,out h 1111tkr T.rnk
Farm Ro:1J, and then along rhe e.,st side of S.rnu F:: R11.1d w ic,
.:onfluence with A.:.1..:i:1 Creek just abQve the poim whcrc chc l.nta join,
Ease Brnnch ofi;ln l 11io 01:iiJre Cr�bitm v.due .ilong the:: creek
,m,· �1rt:as d,";;°z'i'l:tlc ir£, Li..Ltk llK•n:: chan a
Tank Farm Creek 1-r IS A Dli�� t1,r IJ (\v� ( � c--J
Cfi.ff:t; T:mk form Creek is rhe n.une .ipplied to d,e dust.:r of dr.,in.,ges d1:1r CM _o H.1n::rse che wes1etn porcion of rhe Cnoc:11 property. The: creek. which----+--
enrer; che planning ue.l from che norch .1:; rhree sm,111 rribl1carics,
co1wergcs into a single channel on rhe Unocal propem·. jusr �ouch of�Suburban Road. The flows from Tank Fann Creek .trc c�senci.,I to the
health of brge are,\s of se;1son.1I wctbnd and freshw,Hcr rn;lr:-h locaced
on rhe l!noc:il properi:-. The ch.mnel is high!�· modified, p.1rticubrly
che \\'.'tsr Fork :111d che ,ouchernnwsr re,ich of the t:ombincd ..:h.umcl.
.,./ ort Area con tarns a numb.:r of wed.ind re�our..:�s..i,� .,ddirion ro
the creeks r . w through the area, includin_g.s�-son.�I wetl.md:; and
are;.1s of freshw,JCer m.1rs 1. c::se Wt't1and-;r;;s pro·:ide criti.:.11 h.1bir.H
for both pl.u1ts .md animals, including sever.ii r.ire or rhrcarenc:d spc:cies,
and ;ue considered sensitive biologi.:al communirie,. \'\'ed.,nlL; also pby
an imporunr role in rhe h:,:drologic sysrcm. retainin§: tlo,iJw:irer:; .rnd
enhancing groundwater recharge.
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FLOOD INSUP.iUIC£ UTE MAP
SA'.lf J�UlS mnsPO CCUNTY, CAUFORm.'\
(Ulfil�COIU'ORAT•:W ABtA:'i)
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P-MiEL 625 llr ,)75 I i'"��-";� INP'�� -:�� ... \!<[ .. Mr ·� .... r,,> i •. : j .
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!;0UMUlllT\'·t1RH£L Nl!IIBER I
i:6D304 OGZ5 c I IIIAP REVl�CD:
,l,!l l Y 18, 1905
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Fe-dcr;,I i:1nC'fJ;\!lto:}" f.1.m-cc-nt /\7,C'11t; j__________ ,,
ATTACHMENT 06
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'-"• '"-""'' '·"' "''' '"'">' ,:,,, "'A Alternative Basin Proposed Project O oCO 1,200 1,sco and Channel Location Basin Location
f�t
Vo JJoT b)(1cf-
Legend
':,. 'o "-·�
Margarita Area Planning Boundary
Airport Area Planning Boundary
Natural Channe!
Modified Natural Channel
New Channel
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1
.,.--t·r!vr F ·r;. f.1.: f!:.uidi
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.,drr ! :: , 11;,:,p,, Crffr:'l<
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"l,11:: ::·, ll:·hr,.• Ct .. •t'k
� r)1 ·0 Jones &Stoke Figure 2-10
Locations of Streams and Alternative Detention Basin Sites
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I /
ATTACHMENT 06
,.r, I > /3
Dear Council, ·, ·RECEIVED . ,
. . . . APR 2-6 2007During consideration of the Margarita annexation, please consider tht se
comments. . SLO CITY CLERK
The current annexation coming before you has significant portions relative _to
Suburban Road/Horizon L�ne that are not wha� fhey appear. Staff ·seei:ns to
have decided that all that matters is to move forward and that.they do not have to
address the quality problems with the actual technical work (they missed a 15
acre functioning water detention system and misnamed ditches as creeks).
Staff will not consider the legal prob I ems they are creating with their instant
takings of private property, (without any dµe process or legal precedure )� The
taking is not. even mentioned in the reports�
Then of course the way staff has intt:>ri_tionally bundled the annexation will deny
Suburban Road/Horizon Lane property owner's our legal rights and due process.
Disenfranchising by �es�gn.
Disenfranchising of Suburban Road ..,.. Horizon Lane property owners.
I ,• •• "••' .
. •' ,
By bundling the Suburban/Horizon properties (all of which are CommerciaJ or � ;u..
Industrial Zoned) with the large Margarita housing I.ands and ·the huge vacant g;; . � �(C o: ·field (rather than the other airport commercial I industrial properties) we· have � � � � �·a a Oeffectively become disenfranchised within the annexation process and have � � f � � �actual due process or opportunities '&�NB --
Of all the property owners who spoke, (and who represented a clear majority f O m the Horizon Lane/ Suburban Road property owners) not one spoke in favor o = ·it� i
immediate annexation� · � 0 0i � �,�,1 ::> 0 cc ffi &: . O<Oh�w At the planning commission meeting it was generally requested to separate t O O <)g �ob1 Suburban/Horizon from the Margarita housing annexation area; there was sti ·
work to be done before annexation.
All owners felt that staff should at least give a definite timeta.ble when service could be available and that annexing Suburban/Horizon is pr ematu�� .
At the Planning Commission hearing Hanson aggregates pointec.fout that {t,eir
notices had all been mailed to a wrong address -this was the first time they had
any chance to evaluate the issues. ·
I pointed out that staff had re-named the drainage ditches· passing through our
property as a creek and are now planning to do a taking of 1 /3 of the property
and� of the use of-the property. This issue will end up in court if staff continues
to pretend they can take our property without any due process or acknowledge-· · ' -·
ment of our civil property rights.
Regarding changing drainage that has been considered only ditches for the last
75 years to "creeks", staff has so. far refused to provide us with any reports, · . RED-ALE __ M��AGENDA.__ ..
t o� ITEM t..J;ltl
ATTACHMENT 06
,.--·-...... documentation or wt, .... gs of the process of changing somb., aing that always
been considered a ditch to a creek. they said the did it 14ii'lformally".
At the Planning Commission meeting I poi_nted out that staff had completely
missed the Tank Farm Detention system {1 leg of which they have wrongly
labeled a creek when it is part of the Union Oil detention and drainage ditch
system. It is totally a man made drainage ditch system). I have enclosed a separate document explaining the Tank Farm water detention system and it's workings.
Staff is at full throttle and refuse to paus�. look into the Tank Farm water
detention system, evaluate it, and include it in the areas hydraulic plans.
Staff looked into creating a detention system for the Margarita area, but their
detention system was to be too expensive and the plans were not pursued (see
map). Our detention system was pointed out to staff verbally in 2001 and 2004.
The re-naming of ·the drainage ditch was addressed with Mr. Caudron in writing
in 2005 as well as verbally explaining about the detention system at that time to
Mr. Caudron.
Staff is willing to leave the current document incorrectly reflecting the actual
channels of 2 out of 3 ditches identified as "branch$s" of the Tank Farm drainage
system.
There is no point to public input or public hearings ·if staff can ig·nore such a major
omission in their work. I would think they would want to address the omission,
update their information and base plans on the real situation rather than continue
on in error. They studied the creation of expensive detention systems_ (see· attached map), but won't even to look at the existing tree one.
The detention system is a major asset to our property and to Chevron, Inc. For
staff to pretend that it doesn't exist and put their coHective heads in the sand can
not possibly be the best or even an acceptable path or policy for the City of SLO.
Now that it can be seen that water detention can be had for free, or near free,
why can't a modified version of t.he earlier conversation and plans regarding water detention and alternate ditch channels be considered?
Mr. Hanson, my associate, was told last week by Mr: Cauldron th�t our parcel would not be a part of this phase of annexation -1 can see nothing in the staff report that reflects this promise.
In reading the planning commJssion's public comments it is reveati_ng to note I did
a full presentation of the detention system and even provided a map. · 1 did not
see one word of my actual testimony in the record and my very full four minutes
of testimony was reduced to a fifteen second nc;m.-controversial statement. In no
way do the minutes of public testimony accurately reflect the tone or�the
testimony of the speakers. I can not find the map I presented showing .tf,e
ATTACHMENT 06
f3
' i r·t t� detention system in auy of the reports or work. Did staff jusdhrow away·the
document I provided them?
In conclusion, the way staff is handling the annexafion, I and alf other
Horizon/Suburban property owners have been qisent.rarichised by the bundling of
totally dissimilar annexation properties for the internal purpose of stealing our
rights in the annexation process to make their jobs easier.
Please,
1)Annex Margarite Area separately from Suburban/Horizon (Five speakers
at planning commission asked this and yet not one word in the minutes of
: pubiic testimony.)
2)Have $taff deal with the real issues concerning the hydrology errors and
corr$ct them_. 3)Have staff deal with the concerns of-the property owners, actually
addressing, rather-than mischaracterizing, marginalizing, mi.i'iimali:Zjng and
blowing off the concerns and issues of the Suburban/Horizon property
owners. Before proceeding with the annexation, these issues need to
actually be explored and dealt with in a proper, fair, and professional
manner.
Half-truths and an "unexplai.nable urgency" coupled with convenience to City
employees, serious errors of hydrology, an� :no desire to correct errors and
omissions is no way·for staff part to proceed no m�tter what! Staff's current
recommendations on Suburban/Horizon are not a good way to bring us into the
city.
Thank you for your time and cohsideration on this matter.
-Sincerely,
Richard W. Ferris
4080 Horizon Lane
San LLiis Obispo CA 93401
Cell: 704-8113
Office: 543·3636
Attachments:.
-tank Farm Detention System Write Up
.. Map shoWing studied potential detention sites
-AQtual ex;isting d�tent.ion pond staff missed
-Letters from Ferris to pl�nning
-Arial maps of area
-Planning drainage maps
.,.
ATTACHMENT 06
,. ,I
,,
·,· . . .":! ·�·,,,'},; . . �"i :�\ ti···.t�;/�"'· >l./.;t.·... 11,:. ·a:C··t1't1.�i�·�JZtJ �---.-�··Dear Michael -.I' I write this letter regarding the airport area specific plan. �an 2005 public revi�v fii,
draft; in section 3-3 under "creeks" the document refers to the man made drainage ditches���t�··that reside on the west side of the planning area. -.�}(.The document appears to be taking a huge shortcut and an even larger 11 ,'�:
presumption in renaming this series of drainage ditches: as Tank 1'.arm Creek. As you know a man made drainage ditch such as Tanlc Farm's are not creeks.you are going to be sneaky and attempt to classify a ditch as a creek much more isnecessary. As we all know a ditch does not have set backs or other special environmentalrestrictions that come with being a creek. Ifit is the intention oft.his document to do a taking of our property on either side� .. :J"· of our ditch by simply re-naming the ditch as a creek I hereby formally strenuously · · •· ·
· object!!! . ·
If these ditches are to be re-classified into creeks thap a whoie separate procedure
and separate hearings are in order. ·
Such a large taking without due process is wrong and should not be allowed. I trust you will revise the document at 3 :3 to include such words as necessary to · ·
clearly note that man made drainage channels do not equal a cr�k. In so far as planning· ..and long use restrictions. Please respond to this concern in writing by April lSlh, so I can have my concemsput to rest. Thank you for your assistance in this matter.
speak to me please feel free to call, or email.
; Original letter sent 3/30/05
Second Mailing Return Receipt
If you have any questions or wish to ... )
;�jr.ol'!f.° ��.;:-�: ..
•
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ATTACHMENT 06
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QIJL'-{ Drrc-W
JiO[ 3-
Tank Farm Road --------�
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Figure 4-3 Sm1i1ive Biological Resources on Unotal Property
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ATTACHMENT 06
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TANK FARM WATER DETENTION SYSTEM
Some History-Some Information & A Plea For R-effleveble Treatment Reti&OAJ!id�
I.HlSTORYAfter the great Tan.le Farm Road fires (April 8, 1926) Union Oil Company decided tosafeguard San Luis Creek from any future oil spills in case.a spill happened during the
rainy season. AJI of the manmade Union Oil drainage ditches eventually combine and
.drain into San Luis Creek, so. Union Oil decided to build a �afeguard against oil
contamination in the case of any future ·disasters.
IL FACILITY To safeguard the outflow of water frorp their property they built an oil separation "facility" that could process·flowing water ·from the draining ditch.syst�m. this facirity included: I . A "head" wall with two eloseable slide gates with 36;' diameter output pipes 2.A ditch to serve as the regular output ofdrie of the slide �tes3.A small "separator pond" to.serve the output of the other slide gate4.An output wall and four 9" diameter output pipes (these pulled water from thebottom of the separator pond.) On top of the o�tput wall are four winches (to raise andlower the ends of the 8 foot long, pivoted output pipes· to control the amount ·or water that
flowed through th.e pipes).5.A bypass ditch that fills & e�pties the detention pond
6.A approximately 15 11cre water detention pond
ID OPERATION The separator pond originally worked by closing the main slide gate pn the ditch, opening the pond slide gate and filling up the separator p:ond with water. An "operator" would lower as n:iany "output pipes" as far as �ecessarywith the winches to �in water off the bottom of the pond while. leaving the. pond full.
This way any oil or petroleuJ.Il product contamination could be kept on top of the water-in the pond and clean water could continuously be released baclc into the same ditch served by the closed valve. After the crisis any petroleum products left in the pond could be s.afely removed. (Fortunately the facility never had another disaster so the pond neverh_ad to be used in an emergency.)
The pond is gone, but the entire water detention s'ystem associated with its use remains. . .
The water detention. system was a necessity because the four 9'; output pipes can not p�s nearly as much water as the original 36" pipe that was closed to fill the separator pond.
This would only be an issue in extreme rainy conditions, but to allow for that Union Oil
put in a fairly large water detention pond (approximately 15 acres in surface area and total capacity will depending on water level, probably 40 to 60 acre feet).
IV.SPACE FUNCTION
(
ATTACHMENT 06
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The way the system works is simple, once the water rises 4" in from of the he�d w.ill,(with the two 36" pipes), the detention pond bypass channel funnels .. extra'' water into the large detention pond.
The higher the water in the ditch at the slide valve the more water fills into the detention pond. The detention pond area expands as its water level rises and probably has a capacity at peak of at least 30 to 40 acre feet of water presently but could easily be enlarged to twice the capacity
. . When the water in the ditch level .goes do-.yn, the water flows back out of the detention pond leaving only a.3 acre·"rnudhole" along the bottom edge of the pond ..
The ditches leaving the 36'.' pipe-over the years have filled in creating a situation where every rainy season we fill and empty at least half of the detention pond. In a big downpour, more likely 60% or 70% of the detention pond will temporarily fill.
The system is historicalJy in place.and is functioning presently. It is regrettable that it was missed on the original Boyle Engineering Report on the area watershed. It appears
that all of staff's work was based upon this incomplete and inaccurate report. All we ask it to get it right. Correct the omission, study and quantify the best use of this resource, and the options for everyone its documentation will allow.
The detention system is large enoijgh to be used and benefited �y more than Clievron or the other invol.ved property. owners. Just becau�e it was originally missed is no reason not to look into what we have.
V: OPPORTUNITIES FOR EVERYONE
With minimal effort and no cost to the public a 12 to 15 acre wetland could be cr�ted as well as a 60 to 100 acre feet of water detention.. .
The ditch could easily be re-routed so as not to compromise the two industrial lots it bisects and to give control over drainage to either keep onJy a 3 a.�re mudhole or enjpy a much hrrger pond that would naturalJy evolve into a wonderful & highly desirable wetland (especially a wetland away from roads and people!).
VI.CONCLUSIONPlease help us and everyone:1.Do not attempt to annex in mass Sub�rban Road I Horizon Lane until all theseand other property owner's issues are explored, defined, and resolved.2.Direct staff to reconsider the taking they have done on two industrial lots·by·rerupning ditches to creeks without any actuai surveys, reports� }learings, n.otjcesand due process for·the affected property owner. The an:nex�tion as currentlyschemed will give us no recourse except the legal system, and this is not in
anyone's interest.
ATTACHMENT 06
,. ....... f •
1___:
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3.Delay the annexation of our property until we can get a level lot through the
county process that we are already into. Hopefully the detention pond and
drainage system can also be accu_ra_tely characterized.
Please do not rush this portion of the annexation process. If its worth d_oing, -it's worth
doing fairly and honestly, not by grouping properties so owners have no rights, and not
by doing ·"taking" of real property by-re-naming a man-made drai_nage and ·detention
system into .. creeks".
Sincerely,
Richard W. Ferris
4080 Horizon Ln.
P.S. We �e a}rea.9y i_n the process with the coun1y ofputting·the ditch in a pipe a:nd
leveling our lot for a storag� yard_. Once we .are able to put the ditch into a: pipe or
otherwise re""route it, when we build our warehouse we. will gladly build it in with the
city.
ATTACHMENT 06
ATTACHMENT 07
ATTACHMENT 08
The San Luis Obispo Municipal Code is current through Ordinance 1690, and legislation passed through
December 1, 2020.
Disclaimer: The City Clerk's Office has the official version of the San Luis Obispo Municipal Code. Users should
contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using
one of the following browsers: Google Chrome, Firefox, or Safari.
City Website: www.slocity.org
City Telephone: (805) 781-7100
Code Publishing Company
15.02.010 Adoption of codes.
Fourteen documents, three copies each of which are on file in city offices, identified by the seal of the city of San
Luis Obispo, marked and designated as the California Code of Regulations, Title 24, Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10,
11, and 12, also known as the California Building Standards Code, to include the 2019 Editions of the California
Building Code (Part 2, Volumes 1 and 2), the California Residential Code (Part 2.5), and the California Fire Code
(Part 9) published by the International Code Council, the 2019 Edition of the California Electrical Code (Part 3)
published by the National Fire Protection Association, the 2019 Editions of the California Mechanical Code (Part 4)
and the California Plumbing Code (Part 5) published by the International Association of Plumbing and Mechanical
Officials, the 2019 Edition of the California Energy Code (Part 6), the California Green Building Standards Code
(Part 11), the California Historical Building Code (Part 8), the California Existing Building Code (Part 10), the 2019
California Referenced Standards Code (Part 12), the 2018 Edition of the International Property Maintenance Code
(IPMC) published by the International Code Council, and the 1997 Editions of the Uniform Housing Code and the
Uniform Code for the Abatement of Dangerous Buildings published by the International Conference of Building
Officials, are hereby adopted including chapters, sections and appendices not adopted by agencies of the state of
California. Furthermore, only the chapters, sections and appendices of the 2019 California Residential Code and
the 2019 California Green Building Standards Code adopted by the state of California are hereby adopted. These
regulations collectively will be known as the building construction and fire prevention regulations of the city of San
Luis Obispo. The provisions of such are hereby referred to, adopted, and made a part hereof as if fully set out in
this chapter except as modified hereinafter. (Ord. 1670 § 5 (part), 2019; Ord. 1630 § 5 (part), 2016: Ord. 1595 § 5,
2014)
ATTACHMENT 09
ATTACHMENT 10
ATTACHMENT 10
ORDINANCE NO. 1670 (2019 SERIES)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 15 OF THE MUNICIPAL
CODE TO ADOPT BY REFERENCE AND AMEND THE LATEST
EDITIONS OF THE CALIFORNIA BUILDING STANDARDS CODES AND
ADOPTING FINDINGS OF FACT TO SUPPORT THE AMENDMENTS
WHEREAS, the State of California adopts and updates the California Building Standards
Code on a triennial basis, which constitutes the building and fire code regulations applicable to all
occupancies throughout the State, and
WHEREAS, the State has published the 2019 Edition of the California Building Standards
Code, comprised of various model codes and State amendments, which will become effective on
January 1, 2020, and
WHEREAS, pursuant to the California Health and Safety Code, Section 17958.5, local
jurisdictions are permitted to amend the California Building Standards Code as reasonably
necessary based on local climatic, geological or topographical conditions, provided such
amendments are not less restrictive than the requirements found in the State codes, and
WHEREAS, the California Health and Safety Code, Sections 17958.7 and 18941.5,
requires the City Council to make express findings that each such amendments are reasonably
necessary; and
WHEREAS, such findings must be made available as a public record and a copy thereof,
with each such amendment, shall be filed with the California Building Standards Commission
and/or the Department of Housing and Community Development, and
WHEREAS, it is the desire and intent of the City Council of the City of San Luis Obispo
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 San Luis Obispo;
NOW, THEREFORE BE IT ORDAINED, by the Council of the City of San Luis Obispo
as follows:
SECTION 1. Environmental Determination. The project is exempt from environmental
review per CEQA Guidelines under the General Rule (Section 15061(b)(3)). The project involves
updates and revisions to existing regulations. The proposed code amendments are consistent with
California Law, specifically the CA Health & Safety Code Sections 17958.7 and 18941.5. It can
be seen with certainty that the proposed Municipal Code text amendments will have no significant
effect on the environment.
0 1670
ATTACHMENT 11
Ordinance No. 1670 (2019 Series) Page 2
SECTION 2. The findings justifying previous changes and modifications to the adopted
construction and fire codes as contained in Ordinance No. 1033 (1985 Series), Ordinance No. 1105
1987 Series), Ordinance No. 1169 (1990 Series), Ordinance No. 1170 (1990 Series), Ordinanct:
No. 1213 (1992 Series), Ordinance No. 1287 (1995 Series), Ordinance No. 1288 (1995 Series),
Ordinance No. 1336 (1998 Series), Ordinance No. 1353 (1999 Series), Ordinance No 1423 (2002
Series), Ordinance No. 1453 (2004 Series), Ordinance 1510 (2007 Series), Ordinance 1555 (2010
Series), Ordinance 1595 (2013 Series), and Ordinance 1630 (2016 Series), are hereby re-affirmed,
but are otherwise hereby superseded by this ordinance to the extent inconsistent herewith.
SECTION 3. The provisions of the State Building Standards Code are hereby modified,
changed and amended, as provided for in this ordinance, based upon the foregoing findings and
those set forth herein and that said Council takes said action because of the public interest in
protecting life and preserving public safety and property. The City Council hereby determines that
Sections 101.2, 105.2, 602.1, 705.11 903.2, 903.3.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2,
1030.1(2), 1506.3, 1804.3, 1804.4, 1809.7, Table 1809.7, 1907, 3109, 0102.2, 0501.1, GIOOI.3,
GlOOl.6, 1101.1, 1102, 1103.1-1103.2, 1104.2, JI IO.I of the 2019 California Building Code,
Section R310.1, R313.3.3., R322.l, R337.l.2, R403 and R404 of the 2019 California Residential
Code, Section 314.4 and 715.2 of the 2019 California Plumbing Code, Article 230.70 (A)(l) of
the 2019 California Electrical Code, and Sections 302.1, 307 .1.1, 307 .2, 307.4.1, 307.4.2,
308.1.6.3, 405.7, 503.1, 503.1.l, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6, 507.2, 507.5.4.1,
507.5.1, 603.1.4, 603.9, 608.1, 901.4.2, 901.4.4, 901.6, 903.2, 9 903.2.21, 903.2.22, 903.3.1.1,
903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2.1, 1030.1(2), 2306.2, 2306.2.3, 2306.2.4,
2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8,
5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5, 6104.2, and Appendix
Sections 8105.2, 0103.1, 0103.4, 0103.6, 0103.6.1, 0103.6.2, 0104.1, 0105.2, 0106.1 and
0107 .1 of the 2019 California Fire Code are required to be modified due to the findings contained
herein to be more restrictive requirements than those set forth in the California State Building
Standards;
SECTION 4 -Findings. The City Council finds that each ofthe changes or modifications
to measures referred to therein are reasonably necessary because of local climatic, geological, or
topographical conditions in the area encompassed by the boundaries of the City of San Luis
Obispo, and the City Council further finds that the following findings support the local necessity
for the changes or modifications:
FINDING 1
That the City of San Luis Obispo is situated at the base of a watershed of the Santa Lucia Mountains
and that flooding of San Luis, Chorro, Stenner, Old Garden, and Brizzolara Creeks 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 San Luis Obispo. The afore-described conditions support the imposition of
fire protection requirements greater than those set forth in the California State Building Standards
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Code and, in particular, support the imposition of more restrictive requirements than set forth in
Sections 101.2, 602.1, 705.11, 903.2, 903.3.1.1, 903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6,
910.3.2, 1506.3, G102.2, G501.1, GlOOl.3, GlOOl.6, and of the 2019 California Building Code,
Sections R313.3.3 R322.1 and R337.l.2 of the 2019 California Residential Code, Article 230.70
A)(l) of the 2019 California Electrical Code, and Sections 302.1, 307.1.1, 307.2, 307.4.1, 307.4.2,
308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6, 507.2, 507.5.4.1,
507.5.1, 603.1.4, 603.9, 608.1, 901.4.2, 901.4.4, 901.6, 903.2, 9 903.2.21, 903.2.22, 903.3.1.1,
903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2.1, 1030.1(2), 2306.2, 2306.2.3, 2306.2.4,
2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8,
5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5, 6104.2, and Appendix
Sections Bl05.2, 0103.1, 0103.4, 0103.6, 0103.6.1, 0103.6.2, 0104.1, 0105.2, 0106.1 and
0107.1 of the 2019 California Fire Code.
FINDING2
The flood and rain events result in conditions wherein stormwater can inundate the wastewater
treatment system as witnessed in major floods that occurred in 1952, 1961, 1969, 1973, 1978,
1982, and 1995. Furthermore, rain events and flood conditions described above create a condition
referred to as Inflow and Infiltration (I/I) that allow rain and flood waters to flow and/or seep into
the wastewater system and overcome the ability of the wastewater collection system and Water
Reclamation Facility (WRF) to convey and treat sewage. The resulting overburdening of the
wastewater system can result in threats to public health, public and private property and water
quality and result in violations and fines from the State of California, the Environmental Protection
Agency (EPA) or others. The afore-described conditions support the imposition of code
requirements more restrictive than those set forth in Section 715.2 ofthe 2019 California Plumbing
Code.
FINDING3
That the City of San Luis Obispo 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 West. Other faults of importance are the Huasna and West Huasna to the
Southeast of the City, the San Simeon to the Northwest, and the Edna and Edna Extended faults
which enter the southern areas of the City. In as much as these faults are included as major
California earthquake faults, which are subject to becoming active at any time, the City of San
Luis Obispo is particularly vulnerable to devastation should such an earthquake occur. The
potential effects include isolating the City of San Luis Obispo 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 loss of the City's two main water sources (the
Salinas and Whale Rock reservoirs), 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 more restrictive requirements than set forth in Sections
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101.2, 105.2, 602.1, 705.11, 903.2, 903.3.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2, and 1506.3
of the 2019 California Building Code, Section R313.3.3 and R337.1.2 of the 2019 California
Residential Code, Article 230.70 (A)(l) ofthe 2019 California Electrical Code, and 302.1, 307.1.1,
307.2, 307.4.1, 307.4.2, 308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5,
503.6, 507.2, 507.5.4.1, 507.5.1, 603.1.4, 603.9, 608.1, 901.4.2, 901.4.4, 901.6, 903.2, 9 903.2.21,
903.2.22, 903.3.1.1, 903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2.1, 1030.1(2), 2306.2,
2306.2.3, 2306.2.4, 2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1,
5704.2.7, 5704.2.7.5.8, 5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5,
6104.2, and Appendix Sections B105.2, D103.l, 0103.4, D103.6, D103.6.1, D103.6.2, D104.l,
0105.2, D106.1 and D107.1 of the 2019 California Fire Code.
FINDING4
That the central commercial area in the City of San Luis Obispo 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-resistivity, and contemporary low-rise
buildings. Significant spread of fire in said area will actually exceed the fire suppression
capabilities ofregional firefighting personnel. The continued development ofthe San Luis Obispo
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 ofmore restrictive requirements
than set forth in Sections 602.1, 705.11, 903.2, 903.3.1.1, 903.3.1.1.1, 903.4, 903.4.3, 905.3.1,
907.6.6, 910.3.2.1, 1030.1(2), and 1506.3 of the 2019California Building Code, Section R310.l,
R313.3.3 R322.1 and R337.1.2 of the 2019 California Residential Code, Article 230.70 (A)(l) of
the 2019 California Electrical Code, and Sections 302.1, 307.1.1, 307.2, 307.4.1, 307.4.2,
308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6, 507.2, 507.5.4.1,
507.5.1, 603.1.4, 603.9, 608.1, 901.4.2, 901.4.4, 901.6, 903.2, 9 903.2.21, 903.2.22, 903.3.1.1,
903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2.1, 1030.1(2), 2306.2, 2306.2.3, 2306.2.4,
2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8,
5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5, 6104.2, and Appendix
Sections B105.2, 0103.1, D103.4, D103.6, D103.6.l, D103.6.2, D104.1, D105.2, D106.1 and
D107.l of the 2019 California Fire Code.
FINDINGS
That the City of San Luis Obispo is bisected by a major freeway (Hwy 101), traversing in the
north/south direction and a major highway (Hwy 1) traversing in an east/west direction. The City
is also transected by a mainline railroad 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 of material transported daily. Incidents of this nature will
normally require all available emergency response personnel to prevent injury and loss oflife, 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 oflife 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
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greater than those set forth in the California State Building Standards Code, and in particular
support the imposition of more restrictive requirements than set forth in Sections 602.1, 705 .11,
903.2, 903.3.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2, and 1506.3 of the 2019 California
Building Code, Section R313.3.3 and R337.l.2 of the 2019 California Residential Code, Article
230.70 (A)(l) of the 2019 California Electrical Code, and 302.1, 307. 1.1, 307.2, 307.4.1, 307. 4.2,
308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503.4.1, 503.5, 503.6, 507.2, 507.5.4.1,
507.5.1, 603.1.4, 603.9, 608.1, 901.4.2, 901.4.4, 901.6, 903.2, 9 903. 2.21, 903. 2.22, 903.3.1.1,
903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2.1, 1030.1(2), 2306.2, 2306.2.3, 2306.2.4,
2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905.3, 5601.1, 5704.2.7, 5704.2.7.5.8,
5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704.2.13.1.4, 5706.2.4, 5706.2.5, 6104.2, and Appendix
Sections 8105.2, 0103.1, 0103.4, 0103.6, 0103.6.1, 0103.6.2, 0104.1, 0105.2, 0106.1 and
0107.1 of the 2019 California Fire Code.
FINDING6
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 San Luis Obispo. The
hot, dry weather in combination with Santa Lucia (offshore) winds frequently results in wildland
fires in the brush-covered slopes on the Santa Lucia Mountains, San Luis Mountain, and the Irish
Hills areas of the City of San Luis Obispo. The aforementioned areas completely surround the
City. When a fire occurs in said areas, such as occurred in 1985 when the Los Pilitas fire burned
six days and entered the City and damaged many structures, 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 more restrictive requirements than set forth in Sections 602.1, 705 .11, 903 .2,
903.3.1.1, 903. 4, 903.4.3, 905.3.1, 907.6.6, 910.3.2, 1030.1(2), and 1506.3.1 ofthe 2019 California
Building Code, Section 310.1, 313.3.3 and R337.l.2 of the 2019 California Residential Code,
Article 230. 70 (A)(l) of the 2019 California Electrical Code, and Sections 302.1, 307 .1.1, 307.2,
307.4.1, 307. 4.2, 308.1.6.3, 405.7, 503.1, 503.1.1, 503.1.2, 503.2, 503.2.5, 503. 4.1, 503.5, 503.6,
507.2, 507.5.4.1, 507.5.1, 603.1.4, 603.9, 608.1, 901.4.2, 901.4.4, 901.6, 903.2, 9 903.2.21,
903.2.22, 903.3.1.1, 903.3.1.1.1, 903.4, 903.4.3, 905.3.1, 907.6.6, 910.3.2.1, 1030.1(2), 2306.2,
2306.2.3, 2306.2.4, 2306.2.4.1, 2306.2.6, 3304.5, 3310.1, 3312.1, 4901.1, 4905. 3, 5601.1,
5704.2.7, 5704.2.7.5.8, 5704.2.8.3, 5704.2.8.11, 5704.2.9, 5704. 2.13.1.4, 5706.2.4, 5706.2.5,
6104.2, and Appendix Sections 8105.2, 0103.1, 0103.4, 0103.6, 0103.6.1, 0103.6.2, 0104.1,
0105.2, 0106.1 and 0107.1 of the 2019 California Fire Code.
FINDING 7
That for the most part, the soils in the City of San Luis Obispo 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 ofrequirements more restrictive than those
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set forth in the California State Building Standards Code and, in particular, support the imposition
of greater requirements than those set forth in Sections 105 .2, 1804.3, 1809. 7, Table 1809. 7, 1907,
3109, and Appendix Sections JIOI J102, J103.l-J103.2, J104.2, Jl 10.1 of the 2019 California
Building Code, Section R403 and R404 ofthe 2019 California Residential Code and Section 314.4
and 715.2 of the 2019 California Plumbing Code.
FINDINGS
In regards to the adoption of the Uniform Housing Code, the Uniform Code for the Abatement of
Dangerous Buildings, the International Property Maintenance Code, and Chapter 1.24 of this code,
it is hereby determined and found that the alternate abatement procedures and requirements
contained in these codes are equivalent to those provided by the State Housing Law (CCR, Title
25). These codes provide minimum fire, life safety, and sanitary standards and administrative
procedures for the maintenance of existing buildings.
FINDING9
In regard to the amendments to California Building Code Sections 103.1, 104.10.2, 104.12,,
105.3.2, 105.3.3, 105.5, 105.7, 109.4, 109.4.1, 112.4, 112.5, 113, 116.1, 202, California
Residential Code Section R109.l.2, California Mechanical Code Chapter I Division II and Table
104.5, California Plumbing Code Chapter I Division II and Table 104.5 and IPMC Section 101.1,
these provisions are administrative in nature and do not constitute "building standards" as defined
by law, and therefore a finding oflocal necessity is not required.
SECTION 5. Chapter 15.02 of the San Luis Obispo Municipal Code is hereby amended
in its entirety to read as follows:
SECTION 15.02.010 ADOPTION OF CODES
Fourteen documents, three (3) each of which are on file in City offices, identified by the Seal of
the City of San Luis Obispo, marked and designated as the California Code of Regulations, Title
24, Parts 2, 2.5, 3, 4, 5, 6, 8, 9, 10, 11, and 12 also known as the California Building Standards
Code to include the 2019 editions of the California Building Code (Part 2, Volumes 1 and 2), the
California Residential Code (Part 2.5), and the California Fire Code (Part 9) published by the
International Code Council, the 2019 edition of the California Electrical Code (Part 3) published
by the National Fire Protection Association, the 2019 editions of the California Mechanical Code
Part 4) and the California Plumbing Code (Part 5) published by the International Association of
Plumbing and Mechanical Officials, the 2019 edition of the California Energy Code (Part 6), the
California Green Building Standards Code (Part 11 ), the California Historical Building Code (Part
8), the California Existing Building Code (Part 10), the 2019 California Referenced Standards
Code (Part 12), the 2018 edition of International Property Maintenance Code (IPMC) published
by the International Code Council, and the 1997 editions of the Uniform Housing Code and the
Uniform Code for the Abatement of Dangerous Buildings published by the International
Conference of Building Officials are hereby adopted including chapters, sections and appendices
not adopted by agencies of the State of California. Furthermore, only the chapters, sections and
appendices of the 2019 California Residential Code and the 2019 California Green Building
Standards Code adopted by the State of California are hereby adopted. These regulations
collectively will be known as the Building Construction and Fire Prevention Regulations of the
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City of San Luis Obispo. 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.
SECTION 15.02.020 VIOLATION PENAL TIES
Persons who shall violate a provision of the California Fire Code or shall fail to comply with any
of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the
approved construction documents or directive of the fire code official, or of a permit or certificate
used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not
more than 1,000 dollars or by imprisonment not exceeding one year, or both such fine and
imprisonment. Each day that a violation continues after due notice has been served shall be deemed
a separate offense.
SECTION 6. Chapter 15.04 of the San Luis Obispo Municipal Code is hereby amended
in its entirety to read as follows:
SECTION 15.04 CONSTRUCTION AND FIRE PREVENTION REGULATIONS
SECTION 15.04.010 BUILDING OFFICIAL AND FIRE CODE OFFICIAL DESIGNATED
The Chief Building Official is hereby designated as the building official and code official for the
City of San Luis Obispo. The Fire Chief is hereby designated as the fire code official for the City
of San Luis Obispo. Where the "authority having jurisdiction" is used in the adopted codes, it shall
mean the building official or fire code official, as applicable.
SECTION 15.04.020 AMENDMENTS; CALIFORNIA BUILDING CODE
A. Delete Appendixes A, B, D, E, H, Kand M.
B. Amend Chapter 1, Division II, Section 101.2 to read as follows:
101.2 Scope. The provisions of this code shall apply to the construction, alteration,
relocation, enlargement, replacement, repair, equipment, use and occupancy, location,
maintenance, removal and demolition of every building or structure, including pre-
manufactured shipping containers, or any appurtenances connected to or attached to such
buildings or structures.
Exception: The provisions of the California Residential Code for One-and Two-family
Dwellings shall apply to the construction, alteration, movement, enlargement, replacement,
repair, equipment, use and occupancy, and location of detached one-and two-family
dwellings and townhouses not more than three stories above grade plane in height with a
separate means of egress and their accessory structures not more than two stories above
grade plane in height and 3000 sq. ft. in area.
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C. Amend Chapter 1, Division II, Section 103.l to read as follows:
103.1 Creation of enforcement agency. The Building and Safety Division is
hereby created and the official in charge thereof shall be known as the building official.
D. Add Chapter 1, Division II, Section 104.10.2 to read as follows
104.10.2 Alternate Means and Methods Fee. When a request for approval of an
Alternate Means and Methods is proposed under Section 104. 10, an Alternate Means
and Methods fee shall be paid at the time of submitting the documents for review. Said
fee shall be in accordance with the schedule as established by the applicable governing
authority.
E. Add Chapter 1, Division II, Section 104.12 to read as follows:
104.12 Airspace subdivisions. The building official shall have the authority to
apply the building ordinances of the City of San Luis Obispo and those building
regulations mandated by State law to be enforced by the local agency to buildings and
structures containing one or more airspace lots as defined in this code so as to treat the
entirety of such buildings or structures as if they were on or within a single lot,
provided:
1. Thal such buildings or structures or portions thereof would otherwise conforn1
to such ordinances and regulations, but for the creation of such airspace lots;
and
2. That a covenant agreement, in a form designed to run with the land and
satisfactory to the Community Development Director, be recorded with the
Office of County Recorder and a copy filed with the Community Development
Department by the owners binding themselves and future owners and assigns
to keep, preserve and maintain all portions of such buildings or structures in
accordance with and pursuant to such building ordinances and regulations.
F. Amend Chapter 1, Division II, Section 105.2 Building items 1, 2 and 5 to read as
follows:
Work exempt from permit.
Building:
1. One-story detached accessory structures associated with an R-3 occupancy
building used as tool and storage sheds, playhouses and similar uses, provided the
floor area is not greater than 120 square feet (11 m 2). Maximum building height
shall be 12 ft. above grade to highest point of structure. Such structure must comply
with all provision of Title 17 of the Municipal Code.
2. Fences not over 6 feet high constructed of conventional lightweight materials
including wood, vinyl, and wrought iron.
5. A water tank or a group of water tanks intended for storage of irrigation water
only supported directly on grade if the capacity does not exceed 600 gallons in total
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on a parcel, the height does not exceed seven feet, and the ratio of height to width
does not exceed 2:1 (provided that water tanks with minor ratio deviances may be
allowed under this section in the discretion of the Chief Building Official, subject
to review of the deviation by the Chief Building Official and verification that such
minor deviations do not adversely impact structural stability), and it is not visible
from the public right-of way that abuts the front yard.
G. Amend Chapter 1, Division II, Section 105.3.2 to read as follows:
105.3.2 Time limitation of application. An application for a permit for any proposed
work shall be deemed to have been abandoned 180 days after the date of filing, unless
such application has been pursued in good faith or a permit has been issued; except that
the building official is authorized to grant one or more extensions of time for additional
periods not exceeding 180 days. The extension shall be requested in writing and
justifiable cause demonstrated. In order to renew action on an application after
expiration, the applicant shall resubmit plans and pay a new plan review fee if
additional review by the City is necessary. An application for a permit that is abandoned
after adoption of new mandatory building codes by the State may not be extended and
must comply with the new regulations.
H. Add Chapter 1, Division II, Section 105.3.3 to read as follows:
105.3.3 Plan review fees. When submittal documents are required by Section 107.1,
a plan review fee shall be paid at the time of submitting the submittal documents for
plan review. Said plan review fee shall be in accordance with the schedule as
established by the applicable governing authority.
Separate plan review fees shall apply to permits for retaining walls and major drainage
structures in conjunction with grading. For excavation and fill on the same site, the
plan review fee for grading shall be based on the volume of excavation or fill,
whichever is greater.
The plan review fees specified in this section are separate fees from the permit fees
specified in Section 109 .2 and are in addition to the permit fees.
Where submittal documents are incomplete or changed so as to require additional plan
review, or where the project involves deferred submittal items as defined in Section
107 .3 .4.1, an additional plan review fee may be charged at a rate established by the
applicable governing authority.
I. Amend Chapter 1, Division II, Section 105.5 to read as follows
105.5 Expiration. Every permit issued shall become invalid unless the work on the
site authorized by such permit is commenced within 180 days after its issuance, or if
the work authorized on the site by such permit is suspended or abandoned for a period
of 180 days after the time the work is commenced. Work shall be deemed abandoned
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if an inspection required to be performed under the work authorized by the permit is
not approved within 180 days of the most recent prior approved inspection. The
building official is authorized to grant, in writing, one or more extensions of time, for
periods not more than 180 days each. The extension shall be requested in writing and
justifiable cause demonstrated. A permit that is abandoned after adoption of new
mandatory building codes by the State may not be extended and must be submitted for
review to comply with the new regulations.
Permits issued to correct code violations pursuant to a code enforcement case shall be
valid for a period of 90 days. Extensions to the permit may be granted at the discretion
of the building official. Performance or approval of a required inspection will not
automatically extend the permit.
J. Amend Chapter 1, Division II, Section 105.7 to read as follows:
105. 7 Placement and Posting of Permit. A copy of the issued job posting card
shall be displayed on the construction site within 20 feet of the curb and shall be visible
and accessible to the public from the public right of way until completion ofthe project.
K. Amend Chapter 1, Division II, Section 109.4 to read as follows:
109. 4 Work Commencing Before Permit Issuance. Any person who
commences any work on a building, strncture, electlical, gas, mechanical or plumbing
system before obtaining the necessary permits shall be subject to a special investigation
fee. Special Investigation fees are equal to 100% ofthe normally established permit fee
and are in addition thereto, unless a lessor amount is determined to be appropriate by
the building official. The building official may waive all or a portion of the special
investigation fee in the following cases:
1. Where a property owner inherits unpermitted construction through the purchase of
a property and voluntarily seeks a permit following initial discovery or notification of
the violation.
2. When a property owner commences emergency repairs to protect life or property
without first obtaining a permit during an emergency situation such as a natural disaster
or severe weather conditions, provided that the property owner obtains a permit for
such repairs as soon as practicable thereafter and no enforcement action is required.
3. In other cases where the building official determines that unpermitted work did not
result from an intent to avoid compliance with building codes or permit requirements.
L. Add Chapter 1, Division II, Sections 109.4.1 to read as follows:
109.4.1 Code Enforcement Investigation Fee. When work requiring a permit is
discovered and through the investigation of the Code Enforcement Division a person
obtains the necessary permits to correct the work performed, a Code Enforcement Fee
will be required at a rate established by the applicable governing authority. This fee is
in addition to the Special Investigation Fee.
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M. Add Chapter 1, Division II, Sections 111.3.1 to read as follows:
111.3.1 Temporary Certificate of Occupancy Fee. When an applicant wishes to
receive permission to occupy a structure and they have not completed the work
required under their permit and they request a temporary certificate of occupancy for
limited use of the building, a fee shall be required for preparation of the agreement
and certificate for the limited use of the building. Such fee shall be set at a rate
established by the applicable governing authority. Additional inspections required to
verify compliance with the temporary occupancy shall be required to be paid in
advance at the current hourly inspection rate.
N. Add Chapter 1, Division II, Sections 112.4 and 112.5 to read as follows:
112.4 Underground utility services. All new electric, telephone, television, and
other communication service connections, for all new, altered, or enlarged buildings
shall be provided by underground wiring. Extension of electric or communication
distribution lines to serve such projects shall be by underground wiring.
Exceptions:
1. A building located in residential or conservation/open space zone
established by the jurisdiction's zoning regulations, provided that there are
existing buildings on the property that are served by overhead connection
lines.
2. Replacement or relocation of electric service equipment served by existing
overhead wiring.
3. Where determined by the building official to be impractical or infeasible
within the standards and practices of the utility or other companies
providing such services.
Where the utility or other company's distribution system is underground, the service
lines shall terminate at a connection point designated by the utility company. Where
the utility or other company's distribution is overhead, the service lines shall terminate
as a pole riser on a pole designated by the utility company.
112.5 Storage of solid waste containers. All new Group R, Division 3
occupancies shall provide a space adequate in size to store and screen all solid waste
trash, recycling and green waste) containers when viewed from the public right-of-
way. The storage area shall have minimum dimensions of 3 feet (914 mm) by 8 feet
2438 mm) or 6 feet (1829 mm) by 6 feet (1829 mm) and shall not conflict with required
parking spaces. If the storage area is located in the front yard setback established by
other ordinances, the storage area shall be screened by a fence, partition or other
enclosure in compliance with maximum height limitations. In no case shall a partition
or enclosure required by this section be less than 48 inches (1219 mm) above adjacent
grade.
0. Amend Chapter 1, Division II, Section 113 to read as follows :
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113.1 General. In order to hear and decide appeals of orders, decisions or
determinations made by the building official, code official or fire code official relative
to the application and interpretations of the California Building Standards Code, the
Uniform Housing Code, the Uniform Code for the Abatement of Dangerous Buildings,
and the International Property Maintenance Code, there shall be and is hereby created
a Board of Appeals. Said Board shall also serve as the Housing Appeals Board and the
Local Accessibility Appeals Board referenced in the California Building Standards
Code. The building official or 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 of Appeals shall be appointed by the applicable governing authority and
shall hold office at its pleasure. The board shall adopt rules ofprocedure for conducting
its business.
113.2 Limitations on authority. An application for appeal shall be based on a
claim that the true intent of this code or the rules legally adopted hereunder have been
incorrectly interpreted, the provisions of this code do not fully apply, or an equally
good or better form or construction is proposed. The board shall have no authority to
waive requirements of this code. For appeals relating to accommodations for the
disabled, the authority of the board shall include the ability authorize reasonable
alternatives to disabled access requirements imposed by the California Building
Standards Code.
113.3 Qualifications. The board of appeals shall consist of seven members, five
of which who are qualified by experience and training to pass on matters pertaining to
building construction and building service equipment, hazards of fire, explosions,
hazardous conditions or fire protection systems and are not employees of the
jurisdiction. For matters subject to the appeal process referenced in H & S Code
19957.5 paragraph (b) regarding accommodations for persons with physical
disabilities, the board of appeals shall include two additional members who shall be
persons with disabilities as defined in the California Building Code.
113.4 Fees. A fee titled "Appeal of Building Official Decision" or "Handicapped
Board of Appeals" shall be collected for appeal of a decision of the building official,
code official or fire code official to the appropriate board of appeals.
P. Amend Chapter 1, Division II, Section 116.1 ofto read as follows:
116.1 Conditions. Structures or existing equipment that are or hereafter become
unsafe, unsanitary or deficient because of inadequate means of egress facilities,
inadequate light and ventilation, or which constitute a fire hazard, or are otherwise
dangerous to human life or public welfare, or that involve illegal or improper
occupancy or inadequate maintenance, shall be deemed an unsafe condition. Unsafe
structures shall be taken down and removed or made safe, as the building official deems
necessary and as provided for in this section and the Uniform Housing Code, the
Uniform Code for the Abatement of Dangerous Buildings, and the International
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Property Maintenance Code, as adopted. A vacant structure that is not secured against
entry shall be deemed unsafe.
Q. Amend Section 202 by addition of the definitions for Boarding House, Airspace Lot
and Airspace Subdivision and Rainwater Harvesting System to read as follows:
Boarding House. A building arranged or used for lodging for compensation, with or
without meals, and not occupied as a single-family unit. A boarding house may have
only one kitchen or facility for eating and cooking and such facility must be accessible
to all residents or guests. See also definition of Congregate Residence.
Lot, Airspace. A division of the space above or below a lot with finite width, length
and upper and lower elevation occupied or to be occupied by a use, building or portion
thereof, group of buildings or portions thereof, and accessory buildings or portions
thereof, or accessory uses. An Airspace lot shall be identified on a final map or a parcel
map in the office of the County Recorder with a separate and distinct number or letter.
An Airspace lot shall have access to appropriate public rights of way by means of one
or more easements or other entitlements to use in a form satisfactory to the Chief
Building Official and the City Engineer.
Rainwater Harvesting System. A storm drainage collection system that collects
rainwater from the roof area of a structure or structures as recommended by the
American Rainwater Catchment System Association (ARCSA) guidelines or an
equivalent standard as approved by the Building Official and the San Luis Obispo
County Environmental Health Department. See also definition of Rainwater Catchment
System.
Subdivision, Airspace. An airspace subdivision shall be as defined in Chapter 16 of
the San Luis Obispo Municipal Code.
R. Add Section 602.1.2 to read as follows:
602.1.2 Commercial fire zone. Construction of interior walls, floors, ceilings and
partitions as a part of additions or alterations to any existing building or structure
located within the commercial fire zone shown in Figure 6-A shall be constructed with
5/8" Type "X" gypsum wallboard or its equivalent regardless of all other lesser
minimum requirements to the contrary.
Exception: Buildings protected throughout by an approved automatic fire sprinkler
system.
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FIGURE 6-A -COMMERCIAL FIRE ZONE
S. Amend Section 705.11 by addition of item 7 to the Exceptions to read as follows:
7. The building is protected throughout by an approved automatic fire sprinkler system.
T. Delete Sections 903.2 through 903.2.10.1. Add new Sections 903.2 and 903.2.1
through 903.2.10.1 to read as follows:
903.2 Where required. An approved automatic fire sprinkler system shall be
installed:
1. Throughout new buildings.
Exceptions:
1. Buildings contammg Groups A, B, E, F, H-4, M, S, and U
occupancies where floor area is not more than 1000 square feet (92.9
m 2), unless located in the commercial fire zone shown in Figure 6-
A.
2. Buildings of non-combustible construction located in the
commercial fire zone shown in Figure 6-A containing Groups A, B,
E, F, H-4, M, S, and U occupancies where floor area is not more
than 1000 square feet (92.9 m 2).
3. Buildings located in the commercial fire zone shown in Figure 6-A
containing Groups A, B, E, F, H-4, M, S, and U occupancies where
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floor area is not more than 1000 square feet (92.9 m2) and the
building is entirely surrounded by yards or public ways not less than
20 feet (6096 mm) in width.
2. Throughout an existing building whenever alterations or additions result in an
increase of more than 1000 square feet (92.9 m2) of floor area, including
mezzanines or additional stories, or whenever the cost of alterations to an
existing building having a floor area of more than 1000 square feet (92.9m2)
exceeds 50 percent of the replacement cost of the building as determined by the
building official. The cost of alteration and increase in floor area shall include
all corresponding data from permits issued to the building for the previous five
years.
Exception: Group R, Division 3 and Group U occupancies.
3. In additions to existing buildings equipped with an automatic fire sprinkler
system.
4. Throughout an existing building where there is an occupancy classification
change for floor area exceeding 1000 square feet (92.9m2). The provisions of
Section 3406.1 shall not eliminate the requirement for an automatic fire
sprinkler system.
Exceptions:
1. An attached Group U occupancy changed to a Group R, Division 3
occupancy, provided the building was constructed before July 7,
1990 and there is no increase in floor area.
2. Occupancy classification changes to Groups F, M, S, and U from an
equivalent category as defined in previous editions of this code.
5. In buildings where cellulose nitrate film or pyroxylin plastics are manufactured,
stored or handled.
For the purpose of requiring the automatic fire sprinkler systems specified in this
chapter, the floor area within the surrounding exterior walls together with the floor area
within the horizontal projection of the roof shall be considered as one building.
903. 2.1 through 903. 2.10 not used. Text continues with Section 903.2.11.
U. Amend Sections 903.3.1.1 and 903.3.1.1.1 to read as follows:
903.3.1.1 NFP A 13 sprinkler systems. Where other provisions of this code require
that a building or portion thereof be equipped throughout with an automatic sprinkler
system in accordance with this section or where a building is considered as mixed
occupancy due to the presence of two or more uses that are classified into different
occupancy groups, sprinklers shall be installed throughout in accordance with NFP A 13
as amended in Chapter 35 except as provided in Section 903.3.1.1.1. Sprinkler system
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designs referenced in Sections 903.3.5.2 and 903.3.8 shall require special approval by
the fire code official.
903.3.1.1.1 Exempt locations. In other than Group I-2, I-2. l and 1-3 occupancies,
automatic sprinklers shall not be required in the following rooms or areas where such
rooms or areas are protected with an approved alternative automatic fire extinguishing
system in accordance with Section 904. Sprinklers shall not be omitted from any room
merely because it is damp, of fire-resistance-rated construction or contains electrical
equipment.
1. Any room where the application of water, or flame and water, constitutes a
serious life or fire hazard.
2. Any room or space where sprinklers are considered undesirable because of the
nature of the contents, when approved by the fire code official, provided such
rooms or areas are separated from the remainder of the building by fire barriers
consisting of not less than I-hour fire-resistance-rated walls and 2-hour fire-
resistance-rated floor/ceiling assemblies.
3. Generator and transformer rooms separated from the remainder of the building
by walls and floor/ceiling or roof/ceiling assemblies having a fire-resistance
rating of not less than 2 hours.
V. Amend Section 903.4 to read as follows, with Exceptions to remain:
903.4 Sprinkler system monitoring and alarms. All valves controlling the water
supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures,
critical air pressures, and water-flow switches on all sprinkler systems shall be
electrically supervised by a central station service listed by Underwriters Laboratories
for receiving fire alarms in accordance with NFPA 72. The central station shall contact
and notify the police/fire dispatch center immediately on notification of an alarm and
prior to making contact with the protected premises.
W. Amend Section 903.4.3 and add Exception to read as follows:
903.4.3 Isolation control valves. Approved supervised indicating control valves shall
be provided at the point of connection to the riser on each floor in all buildings two or
more stories in height or in single-story buildings having a gross floor area of 10,000
square feet or more zoned into no more than 5,000 square-foot areas for the purpose
of maintaining system integrity for life safety and evacuation.
Exception: Isolation control valves may be omitted in buildings equipped with an
automatic fire extinguishing system installed in accordance with Section 903.3.1.3.
X. Amend Section 905.3.1 to read as follows, with Exceptions to remain:
905.3.1 Building Height. Class III standpipe systems shall be installed throughout
buildings where the floor level of the highest story is located more than 30 feet (9144
mm) above the lowest level of the fire department vehicle access, or where the floor
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level ofthe lowest story is located more than 30 feet (9144 mm) below the highest level
of fire department vehicle access and in any parking structure exceeding one level
above or one level below grade.
Y. Amend Section 907.6.6 to read as follows :
907.6.6 Monitoring. Fire alarm systems required by this chapter or by the California
Building Code or the California Fire Code shall be monitored by an approved central
station service listed by Underwriters Laboratory for receiving fire alarms in
accordance with NFP A 72. The central station shall contact and notify the police/fire
dispatch center immediately on notification of an alarm and prior to making contact
with the protected premises.
Exception: Supervisory service is not required for:
1. Single and multiple station smoke alarms required by Section 907 .2.11.
2. Group 1-3 occupancies shall be monitored in accordance with Section
907. 2.6.3.
3. Automatic sprinkler systems in one and two-family dwellings.
Z. Add Section 910.3.2.1 to read as follows:
910.3.2.1 Sprinklered buildings. Where installed in buildings equipped with an
approved automatic sprinkler system, smoke and heat vents shall be designed to operate
automatically by actuation of a heat responsive device rated at least 100 degrees above
the operating temperature of the sprinkler heads.
AA. Delete Section 1030.1 Item 2, Exception 6
BB. Add Section 1506.3.1 to read as follows:
1506.3.1 Wood shake and shingle roof covering limitations. Wood shake or shingle
roof coverings shall not be installed on any building.
Exception: A wood shake or wood shingle system listed as a Class A-rated roof
covenng.
CC. Add Section 1804.4.2 to read as follows:
1804.4.2 Drainage. Provisions shall be made for the control and drainage of surface
water around buildings. Drainage systems necessary shall be adequate to prevent water
from entering and accumulating under the building. Drainage water from
improvements and land contour changes shall not drain onto or across adjacent
properties except in recorded drainage easements, natural waterways, or where the
discharge is designed in accordance with the Drainage Design Manual.
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DD. Add Section 1809.7.1 to read as follows:
1809.7.1 Depth of isolated footings. Isolated footings and piers, exterior ofperimeter
foundation, shall have a minimum depth of 24 inches (609.6 mm) below the lowest
adjacent natural undisturbed grade.
EE. Modify Table 1809.7 to read as follows:
TABLE 1809.7
FOOTINGS SUPPORTING WALLS OF LIGHT-FRAME CONSTRUCTION a b c de h
NUMBER OF FLOORS WIDTH OF FOOTING THICKNESS OF DEPTH BELOW GRADE
SUPPORTED BY THE (inches) FOOTING (inches)
FOOTINGf (inches) Perimeter Interior
1 12 6 21 12
2 15 8 24 18
3 18 8g 30 24
a Depth of footings shall be in accordance with Section 1809.4.
b The ground under the floor shall be permitted to be excavated to the elevation of the top of the footing.
c Interior stud bearing walls shall be permitted to be supported by isolated footings. The footing width and length shall be twice
the width shown in this table and the footings shall be spaced not more than 6 feet on center.
d See section 1905 for additional requirements for concrete footings of structures assigned to Seismic Design Category C, D, E
orF.
e For thickness of foundation walls see section 1807.1.6.
f Footings shall be permitted to support a roof in addition to the stipulated number of floors. Footings supporting roofs only shall
be as required for supporting one floor. Slabs su pp ort ed on grade nee d not be co nsid ered a floo r for pumose of foot ing dep1h.
and widths.
g Plain concrete footings for Group R-3 occupancies shall be permitted to be 6 inches thick.
h A grade beam 12" in width shall be provided at garage openings. Depth shall be as specified in this table.
FF. Amend Section 1907 to read as follows:
1907.1 General. The thickness of concrete floor slabs supported directly on the
ground shall be not less than 4 inches (101.6 mm). Concrete floor slabs shall be
underlain with a minimum of 4 inches (101.6 mm) of clean granular material. A 6-mil
0.006 inch; 0.15 mm) polyethylene vapor retarder with joints lapped not less than 6
inches (152 mm) shall be placed between the base course or subgrade and the concrete
floor slab, or other approved equivalent methods or materials shall be used to retard
vapor transmission through the floor slab.
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Exception: A vapor retarder is not required:
1. For detached structures accessory to occupancies in Group R-3, such as
garages, utility buildings or other unheated facilities.
2. For unheated storage rooms having an area of less than 70 square feet (6.5
m 2) and carports attached to occupancies in Group R-3.
3. For buildings or other occupancies where migration of moisture through the
slab from below will not be detrimental to the intended occupancy of the
building.
4. For driveways, walks, patios and other flatwork which will not be enclosed
at a later date.
5. Where approved based on local site conditions.
1907.2 Minimum reinforcing. Minimum reinforcing for slabs on grade shall be No.
3 bars at 24 inches (609.6 mm) on center each way placed at midpoint of slab thickness.
Slab reinforcement shall extend to within 2 inches (50.8 mm) of the exterior edge of
slabs.
1907 .3 Slab to foundation connection. Tie bar reinforcing between slabs on grade
and foundation stem walls shall be No. 3 bars at 24 inches (609.6 mm) on center, placed
in foundation walls and bent at least 24 inches (609.6 mm) into the slabs and tied to the
slab reinforcing.
Exception: Floating slabs justified by an engineered design .
1907.4 Moisture content. Moisture content for expansive soils shall be 100 percent
of optimum to a depth of 18 inches (609.6 mm) below slab bottoms and shall be
maintained until slabs are poured. Soils under slabs shall be tested for moisture content
and slabs shall be poured within 24 hours of obtaining the required moisture content.
The area under raised floors need not be premoistened.
1907.5 Penetrations. Openings in slabs on grade for bathtub piping and traps,
planters or other similar uses shall be sealed with concrete not less than 2 inches (50.8
mm) in thickness .
Exception: Plastic tub boxes may be used in lieu of concrete if properly sealed
around all edges and pipe penetrations.
GG. Add Sections 3109 .3 through 3109 .5 to read as follows:
3109.3 Access to pool. Pools shall be accessible by means of ladders or steps.
There shall be not less than one such access for each 300 square feet (27.87 m 2) of pool
area equally distributed around the perimeter.
3109.4 Lighting. Pools shall be equipped with artificial lighting adequate to
illuminate all underwater areas.
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3109.S Abandoned pools. A pool that is not used, is neglected, and is a hazard to
health and safety, shall be filled to the satisfaction of the building official. Before
filling, holes shall be made in the bottom of the pool to insure proper drainage.
Abandoned pools determined to be unsafe by the building official shall be abated in
accordance with the International Property Maintenance Code.
HH. Amend Appendix Section G 102.2 to read as follows:
G 102.2 Establishment of flood hazard areas. Flood hazard areas are established in
the current edition of the City of San Luis Obispo's Flood Insurance Rate Maps. All
construction work within designated flood hazard areas shall comply with the
Floodplain Management Regulations contained in San Luis Obispo Municipal Code
Section 17.84.
For the enforcement provisions of this appendix for flood resistant construction under
the purview of the City Engineer, Building Official may mean City Engineer.
II. Amend the title of Appendix Section G501 to read as
BUILDINGS AND MANUFACTURED HOMES"
JJ. Amend Appendix Section G501.1 to read as follows:
GSOl.1 Elevation. All new and replacement buildings and/or manufactured homes
to be built, placed or substantially improved within a flood hazard area shall comply
with the Floodplain Management Regulations contained in San Luis Obispo Municipal
Code Section 17.84.
KK. Amend Appendix Section GIOOI .3 to read as follows:
G 1001.3 Elevation. Utility and miscellaneous Group U buildings and structures,
including substantial improvement of such buildings or structures, shall comply with
the Floodplain Management Regulations contained in San Luis Obispo Municipal Code
Section 17.84.
LL. Amend Appendix Section GIOOI.6 to read as follows:
GlOOl.6 Protection of mechanical and electrical systems. New or replacement
electrical equipment, heating, ventilating, air conditioning, and other service facilities
shall be either protected or elevated to at least 1 foot above base flood elevation in
conformance to San Luis Obispo Municipal Code Section 17.84. Sewer laterals shall
be protected with backwater valves where the finish floor of the structure is located less
than 1' above the BFE at the next upstream sewer manhole.
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MM. Amend Appendix Section JlOl.1 to read as follows:
JlOl.1 Scope. The provisions of this chapter apply to grading, excavation and
earthwork construction, including fills, embankments, and work within waterways.
Where conflicts occur between the technical requirements of this chapter and the
geotechnical report, the geotechnical report shall govern. This appendix recognizes the
importance of the waterways of the city and the need to regulate all changes to these
waterways.
For the enforcement provisions of this appendix for grading in new subdivisions under
the purview of the City Engineer, building official shall mean city engineer.
NN. Add Appendix Sections JlOl.3 through JlOl.7 to read as follows:
JlOl.3 Hazardous conditions. Whenever the building official determines that any
existing excavation or embankment or fill on private property has become a hazard to
life and limb, or endangers property, or adversely affects the safety, use or stability of
a public way or drainage channel, the owner of the property upon which the excavation
or fill is located, or other person or agent in control of said property, upon receipt of
notice in writing from the building official, shall within the period specified therein
repair or eliminate such excavation or embankment so as to eliminate the hazard and
be in conformance with the requirements of this code.
JlOl.4 Dust control. All graded surfaces shall be wetted, protected or contained
in such manner as to prevent dust or spill upon any adjoining property or street.
JlOl.5 Emergency grading. The building official may authorize emergency
grading operations upon any site when necessary for the protection of the public health,
safety and welfare. Other city departments may take emergency action necessary to
protect public facilities.
JlOl.6 Special grading standards. The topography of a site proposed for
development shall remain substantially in its natural state. Mass recontouring shall not
be allowed. In all cases the average cross slope of a site shall be determined prior to
any grading operations or approval of any grading plan. Where a site does not slope
uniformly, the building official or city engineer shall determine average cross slope by
proportional weighting of the cross slopes of uniformly sloping subareas. The
percentage of the site, exclusive of building area, to remain in its natural state shall be
in accordance with Table JlOl.6.
All graded planes shall be rounded on all edges to blend with natural slopes. The
rounded edges shall have a radius equal to one-half the height of the cut or fill slope.
Exception: Grading specifically approved and/or conditioned in conjunction with a
tentative subdivision map, development proposal, or similar entitlement consistent with
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General Plan policies and other hillside standards is not subject to the specific grading
limitations noted in this section.
JlOl.7 Approval for building construction. Prior to commencement of any
building construction, pursuant to a building permit for the graded site, a benchmark
shall be provided to verify that the building site is graded in conformance with the
approved grading plan. No building construction shall be started until the building
official or city engineer has verified that the rough grading conforms to the approved
plan, including any interim or permanent erosion control measures deemed necessary.
00. Amend Appendix Section 1102 by addition of the following definitions:
AVERAGE CROSS SLOPE shall mean the ratio, expressed as a percentage, of the
vertical difference in elevation to the horizontal distance between two points on the
perimeter of the area, with the line connecting the two points being essentially
perpendicular to the contours between the two points. Different portions of any area
may have different average cross slopes.
WATERWAY shall mean a well-defined natural or manmade channel, creek, river,
lake or swale that conveys surface water, storm runoff, or other natural drainage either
year-round or intermittently.
PP. Amt:n<l Appt:n<lix St:diun 1103 tu rt:a<l as follows:
J103.1 Permits required. Except as exempted in Section 1103.2, no grading shall
be performed without first having obtained a permit therefore from the building official.
A grading permit does not include the construction of retaining walls or other
structures. A grading permit shall be required for all work within any waterway,
including, but not limited to, earthwork, construction of drainage devices or erosion
control devices, removal of vegetation and modifications of banks and the bottom of
the waterway which may in the natural course of events lead to changes in flow
characteristics. A grading permit shall be required for all work that will create a
stockpile of any earth material, subject to the surety bond required by Section 1103.4
to guarantee restoration of the site to a natural or other condition acceptable to the
building official.
J103.2 Exempted Work. A grading permit shall not be required for the following:
1. Grading in an isolated, self-contained area, provided there is no danger to the
public, and that such grading will not adversely affect adjoining properties.
2. Excavation for construction of a structure permitted under this code.
3. Cemetery graves.
4. Refuse disposal sites controlled by other regulations.
5. Excavations for wells, or trenches for utilities.
6. Mining, quarrying, excavating, processing, or stockpiling ofrock, sand, gravel,
aggregate, or clay controlled by other regulations, provided such operations do
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not affect the lateral support of, or significantly increase stresses in, soil on
adjoining properties.
7. Exploratory excavations performed under the direction of a registered design
professional.
8. An excavation which does not exceed fifty cubic yards and ( 1) is less than 2
feet (610 mm) in depth or (2) does not create a cut slope greater than 5 feet
1524 mm) in height and steeper than I-unit vertical to 2 units horizontal.
9. A fill less than 1 foot (305 mm) in depth and placed on natural terrain with a
slope flatter than 1 unit vertical to 5 units horizontal, or less than 3 feet (914
mm) in depth, not intended to support structures, that does not exceed 50 cubic
yards (38.3 m 3) on any one lot and does not obstruct a drainage course.
10. Routine streambed silt removal and vegetation control approved by the City
Engineer.
Exemption from the permit requirements of this appendix shall not be deemed to grant
authorization for any work to be done in any manner in violation of the provisions of
this code or any other laws or ordinances of this jurisdiction.
J103.3 Early grading. A grading permit shall not be issued prior to issuance of a
building permit for the project unless:
1. A tentative minor subdivision or tract map, use permit, architectural review
commission project approval or similar authorization has been granted; and
2. Related street and utility grades have been established; and
3. A surety bond in accordance with Section J103.4 is deposited to guarantee
restoration of the site to a natural or other condition acceptable to the building
official should the project not proceed to completion.
J103.4 Bonds. The building official may require bonds in such form and amounts
as may be deemed necessary to ensure that the work, if not completed in accordance
with the approved plans and specifications, will be corrected to eliminate hazardous
conditions or restore a graded site to the original condition. In lieu of a surety bond, the
applicant may file a cash bond or instrument of credit with the building official in an
amount equal to that which would be required in the surety bond.
The city engineer may require that bonds be posted to recover the full costs of any
damage to public right-of-way which may occur because of the peculiar nature or large
scope of the project, such as transportation of fill or heavy equipment on local streets
not designed to accommodate the traffic.
QQ. Amend Appendix Section JI 04.2 to read as follows:
J104.2 Site plan requirements. In addition to the provisions of Appendix Section
107, a grading plan shall show the existing grade and finished grade in contour intervals
of sufficient clarity to indicate the nature and extent of the work and show in detail that
it complies with the requirements of this code. The plans shall show the existing grade
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on adjoining properties in sufficient detail to identify how grade changes will conform
to the requirements of this code. The plans shall show existing drainage conditions and
drainage devices and all proposed changes thereto. The plans shall include the location
and dimension of all trees on the site which are 3 inches (76.2 mm) in diameter or larger
at the trunk, measured at 4.5 feet (1.37 m) above ground level, trees to be removed and
trees to remain. A preservation plan shall be submitted for all trees to remain. The plans
shall indicate where excess material, rocks, or rubble will be disposed of.
RR. Amend Appendix Section Jl IO.I to read as follows:
Jll0.1 General. All disturbed surfaces shall be prepared and maintained to control
erosion.
Exception: Erosion control measures need not be provided on cut slopes not
subject to erosion due to the erosion-resistant character of the materials.
Erosion control shall be installed as soon as practicable and prior to calling for final
inspection. Erosion control plantings shall be established in accordance with City
Engineering Standards and/or to the satisfaction of the Building Official.
SS. Add Appendix Table 1101.6 as follows:
TABLE JlOl.6
GRADING TO REMAIN IN NATURAL STATE
Percent Average Cross Slope Percent of Site to Remain in Natural State
0-5 0
6-10 25
11-15 40
16-20 60
21- 25 80
26- 30 90
Above 30 100
SECTION 15.04.030 AMENDMENTS; CALIFORNIA RESIDENTIAL CODE
Adopt as approved by state agencies and amend the following sections:
A. Delete Chapter 1, Division IL Administration of the residential code shall be as set
forth in Chapter 1, Division II of the California Building Code.
B. Amend Section R109. l.2 Exception to read as follows:
Exception: Back-filling of ground-source heat pump loop systems tested m
accordance with ASTM Standards prior to inspection shall be permitted.
C. Delete Section R310.1, Exception 2
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D. Add Section R313.3.3.5 to read as follows:
R313.3.3.S Sprinkler Activation Alarm. An alarm audible from all sleeping rooms
shall be provided.
E. Amend Section R322.1 to read as follows:
R322.1 General. Buildings and structures constructed in whole or in part in flood
hazard areas (including A or V Zones) identified in the current edition of the City of
San Luis Obispo' s Flood Insurance Rating Map shall be designed and constructed in
accordance with the provisions contained in this section and the flood plain
management regulations contained in San Luis Obispo Municipal Code Section 17.84,
whichever is more stringent. Buildings and structures located in whole or in part in
identified floodways shall be designed and constructed in accordance with ASCE 24.
F. Add Section R337.l.2 to read as follows:
R337.1.2 Establishment of limits. The City of San Luis Obispo is considered a
Community at Risk" due to the threat of wildfire impacting the urban community. The
City shall continue to enhance the fire safety and construction codes for new buildings
in order to reduce the risk of urban fires that may result from wildfires. New buildings
citywide shall incorporate the following construction methods and materials: Ignition
resistant exterior wall coverings; Fire sprinkler protection in attic areas ( at least one
pilot head"); Ember resistant vent systems for attics and under floor areas, protected
eaves, and Class 'A' roof coverings as identified in the California Building Code
Chapter 7A.
G. Delete Sections R403 and R404 and add R403.l to read as follows:
R403.1 Foundations. The design of foundations to support structures regulated under
the California Residential Code shall be per California Building Code Section 1809 or
1810.
SECTION 15.04.040 AMENDMENTS; CALIFORNIA EXISTING BUILDING CODE
A. Amend Appendix Section AlOl to read as follows:
SECTION AlOl
PURPOSE
The purpose of this chapter is to promote public safety and welfare by reducing the risk
of death or injury that may result from the effects of earthquakes on existing buildings
of unreinforced masonry wall construction.
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The provisions of this chapter are intended as minimum standards for structural seismic
resistance established primarily to reduce the risk of life loss or injury. Compliance
with these standards will not necessarily prevent loss of life or injury or prevent
earthquake damage to retrofitted buildings.
B. Amend Appendix Section A102.1 to read as follows:
Al02.1 General. The provisions of this chapter shall apply to all existing buildings
having at least one unreinforced masonry wall. The elements regulated by this chapter
shall be determined in accordance with Table A102.1. Except as provided herein, other
structural provisions of the building code shall apply. This chapter does not apply to
the alteration of existing electrical, plumbing, mechanical or fire safety systems.
Exceptions:
1. Warehouses or similar structures not used for human habitation unless
housing emergency equipment or supplies.
2. A building having five living units or less.
C. Amend Appendix Section A103 to add the following definitions:
LEVEL A STRENGTHENING of an unreinforced masonry building is compliance
with the provisions of this chapter, limited to the removal of or bracing of parapets,
installation of anchors between walls and roof, and installation of anchors between
walls and floors.
LEVEL B STRENGTHENING of an unreinforced masonry building is compliance
with all provisions of this chapter.
D. Amend Appendix Section A109.2 to read as follows:
A109.2 Selection of Procedure. Buildings shall be analyzed by the General
Procedure of Section Al 10, which is based on Chapter 16 of the California Building
Code, or when applicable, buildings may be analyzed by the Special Procedure of
Al 11. Buildings with a substantially complete steel or concrete frame capable of
supporting gravity dead and live loads and that utilize unreinforced masonry walls as
non-bearing infill between frame members shall be analyzed by a procedure approved
by the building official. Qualified historic structures may be analyzed per the California
Building Standards Code, Part 8, California Historical Building Code.
E. Add new Appendix Section Al 15 entitled "Administrative Provisions" to read as
follows:
SECTION A115
ADMINISTRATIVE PROVISIONS
A115.1 Compliance Requirements.
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AllS.1.1 Strengthening deadlines. The owner of a building within the scope of this
chapter shall structurally alter the building to conform to Level B Strengthening by July
1, 2010 or when one of the following occurs:
1. The value of additions, alterations, and/or maintenance repairs requiring a
building permit, cumulative from March 4, 1992, exceeds 50 percent of the
replacement cost of the building established by the building official per
Appendix Section 108.3 of the Building Code, which may include a certified
appraisal report. The cumulative value of alterations and maintenance repairs
need not include reroofing, Level A Strengthening, and installation of an
automatic fire sprinkler system.
Exception: Buildings containing more than one tenant space if the floor
area of altered tenant spaces, cumulative from March 4, 1992, does not
exceed 50 percent of the total floor area of the building.
2. The use of the building changes to a different division of the same occupancy
group or to a different occupancy group.
Exceptions:
1. Notwithstanding the provisions of Section 3408 of the Building
Code, buildings containing more than one occupancy classification
need not be strengthened if the total floor area for changes in use,
cumulative from March 4, 1992, does not exceed 50 percent of the
floor area of the building.
2. Occupancy classification changes to Groups F, M, Sand U from an
equivalent category as defined in the previous editions of this code.
3. An occupancy classification change to a Group R-2 Occupancy with
not more than five dwelling units.
4. An occupancy classification change to a Group S Occupancy used
exclusively as a warehouse with no human habitation.
3. If Level A strengthening work is completed by July 1, 2007, completion of the
remaining work to satisfy Level B strengthening requirements may be delayed
until July 1, 2012. If Level A work is not completed by July 1, 2007, the City
Council will set a Level B completion deadline for each building on the basis
ofrelative hazard, but not later than July 1, 2010.
Exception: The building official, on a case-by-case basis, may approve an
alternate strengthening plan deemed equivalent to Level A strengthening if:
1. A greater than 50 percent reduction in the unreinforced masonry
hazard for the building is accomplished by July 1, 2007; and,
2. A written agreement includes an acceptable work plan and timeline;
and,
3. The plan completes Level B strengthening by July 1, 2012.
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AllS.1.2 Permits. The owner of a building within the scope of this chapter shall
submit a complete application for a building permit to the building official to strengthen
the building to Level B requirements by July 1, 2005. The building permit shall be
obtained by January 1, 2006 and shall remain valid until required Level B strengthening
work is completed per Section A 115 .1.1.
Exception: For seismic strengthening or demolition projects that require approval
of a planning application by a City process, the planning application shall be
submitted to the Community Development Department by July 1, 2005. The
application for building or demolition permit shall be submitted following approval
of the planning application, and a building or demolition permit shall be obtained
by January 1, 2006.
AllS.1.3 Posting of sign. The owner of a building within the scope of this chapter
shall post, at a conspicuous place near the primary entrances to the building, a sign
provided by the building official stating "This is an unreinforced masonry building.
Unreinforced masonry buildings may be unsafe in the event of a major earthquake."
The sign shall be posted within 60 days ofreceipt by the building owner per installation
standards established by the building official.
A115.2 Notice and Order
AllS.2.1 General. The building official shall, within 30 days of the determination
that a building is of unreinforced masonry construction issue a notice and order as
provided in this section to the owner of a building within the scope of this chapter.
AllS.2.2 Service of notice and order. A notice or order issued pursuant to this
section shall be in writing and shall be served either personally or by certified or
registered mail upon the owner as shown on the last equalized assessment roll, and
upon the person, ifany, in apparent charge or control ofthe building. The failure of any
such person to receive such notice or order shall not affect the validity of any
proceedings taken under this chapter or relieve any such person from any duty or
obligation imposed on him by the provisions of this chapter.
AllS.2.3 Content of notice and order. The notice shall specify that the building has
been determined by the building official to be within the scope of this chapter and,
therefore, is subject to the minimum seismic standards of this chapter. The order shall
direct the owner to obtain a building or demolition permit as required by this chapter
and cause the building to be structurally altered to conform to the provisions of this
chapter or cause the building to be demolished. The notice or order shall be
accompanied by a copy of Section A 115 .1, which sets forth the owner's responsibilities.
A115.3 Appeal. The owner of the building may appeal the building official's initial
determination that the building is within the scope of this chapter to the Board of
Appeals established by Chapter 1, Division II, Section 113 of the California Building
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Code, as adopted. Such appeal shall be filed with the Board within 60 days from the
service date of the order described in Section Al 15.2. Any appeal shall be decided by
the Board no later than 90 days after filing and the grounds thereof shall be stated
clearly and concisely. Appeals or requests for modifications from any other
determinations, orders or actions by the building official pursuant to this chapter shall
be made in accordance with the procedures established in Chapter 1, Division II,
Section 104.10 of the California Building Code.
Al 15.5 Recordation. At the time that the building official serves the
aforementioned notice, the building official shall also file and record with the office of
the county recorder a certificate stating that the subject building is within the scope of
this chapter and is a potentially earthquake hazardous building. The certificate shall
also state that the owner thereof will be ordered to structurally analyze the building to
determine compliance with this chapter.
If the building is either demolished, found not to be within the scope of this chapter, or
is structurally capable of resisting minimum seismic forces required by this chapter as
a result of structural alterations or an analysis, the building official shall file and record
with the office of the county recorder a form terminating the status of the subject
building as being classified within the scope of this chapter.
Al15.6 Enforcement. Ifthe owner in charge or control of the subject building fails
to comply with any order issued by the building official pursuant to this chapter within
the time limit set forth in Section A115.1, the building official shall verify that the
record owner of this building has been properly served. If the order has been served on
the record owner, then the following provisions apply:
1. The building official may order that the entire building be vacated and that the
building remain vacated until such order has been complied with. Ifcompliance
with such order has not been accomplished within 90 days after the date the
building has been ordered vacated or such additional time as may have been
granted by the Board of Appeals, the building official may order its demolition
in accordance with the provisions of Sections 107, 108, and 109 of the
International Property Maintenance Code.
2. Any person who violates any provision of this chapter is guilty of a misdemeanor
and is subject to the penalty as provided for in Chapter 1.12 of the City of San
Luis Obispo Municipal Code. The City may also pursue alternative civil remedies
as set forth in Section 1.12.090 of the Municipal Code.
A115.7 Program monitoring and annual report. During January of each year,
the building official shall submit a report to the City Council outlining the progress to
date concerning reduction of the hazards presented by the unreinforced masonry
building inventory for the City. The report shall include:
1. The number of unreinforced masonry buildings strengthened, demolished, or
otherwise eliminated from the inventory;
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2. The number of unreinforced masonry buildings remaining on the inventory,
including the status of orders issued pursuant to this Chapter that are not
resolved.
Al 15.8 Automatic Fire Sprinkler Systems. Buildings within the scope of this
chapter located in the commercial fire zone shown in Figure 9-A of the California Fire
Code, as amended, shall install an automatic fire sprinkler system in conjunction with
level B strengthening deadlines in accordance with Section 903.2.1 of the California
Fire Code, as amended in Municipal Code Section 15.04.100, unless a later installation
date is granted by both the building official and fire code official.
TT. Add Appendix Chapter A6 to read as follows:
Appendix Chapter A6
DEMOLITION AND MOVING
OF BUILDINGS
SECTION 601
GENERAL
A601.l Purpose. The purpose of this appendix is to establish minimum standards
and procedures for the demolition and relocation (moving) of buildings and structures
to safeguard life, property, health and public welfare. It is also intended to ensure that
moved buildings are structurally sound, sanitary, habitable, and that they will
harmonize with existing development in the area to which they are to be moved.
A601.2 Scope. This appendix sets forth rules and regulations to control demolition
and relocation operations, establishes the administrative procedures for review of an
application to demolish or move a building, and provides for the issuance of permits.
A601.3 Appeals. Any person aggrieved by a decision made under the terms of this
chapter may appeal such decision. For matters concerning the technical provisions of
this code, such appeal shall be subject to the provisions of the Chapter 1, Division II
Section 113 ofthe California Building Code; for all other matters, the appeal provisions
of Chapter 1.20 of the Municipal Code shall apply.
SECTION 602
DEFINITIONS
Section A602 General. For the purposes of this appendix, certain terms, words and
their derivatives shall be defined as specified in this section.
ARC means the Architectural Review Commission appointed by the City Council.
CHC means the Cultural Heritage Committee appointed by the City Council.
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Demolition means the complete or partial removal of a structure.
Foundation means the structure, usually of concrete, resting on or in the ground,
including the footing, on which a building is erected.
Foundation wall means the walls of concrete or masonry that support a building.
Inventory of Historical Resources is the Master List of Historic Resources and the
Listing of Contributing Properties within Historical Preservation Districts approved by
the City Council.
Municipal Code means the San Luis Obispo Municipal Code.
Potential Historic Resource means a building which may meet the Criteria for
Historic Listing found in the City of San Luis Obispo Historic Preservation Program,
but which has not been evaluated or listed as an historic resource.
Slab means a flat piece of material, usually of concrete, placed on the ground for use
as a building floor, patio, driveway, walk, ball court and/or similar uses.
Structure means any human made site feature, including signs, walls, fences,
buildings, monuments, or similar features.
Substructure means the foundation of a building or structure including the piers and
piles.
SECTION A603
PERMIT REQUIREMENTS
A603.1 Permit required. The demolition or relocation (moving) of any building
or structure shall not commence until a permit has been issued by the building official
in accordance with the provisions of this chapter and Chapter 1, Division II of the
California Building Code.
Exception: Temporary construction offices.
A permit to move a building shall be a building permit when the building is relocated
within the limits of the city. A permit to move a building shall be a demolition permit
when the building is relocated to a site outside of the city limits.
A603.2 Moving and Relocation of Buildings.
A603.2.1 Inspection of buildings to be moved. All buildings to be moved into or
within the city shall be inspected by the building official to determine compliance with
this code and suitability for moving prior to permit issuance.
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A603.2.2 Transportation and building permits required. For moving projects, a
transportation permit shall be obtained from the public works director subsequent to
issuance of a moving permit. Building, plumbing, electrical, and mechanical permits
shall be required for all work necessary for the placement of a moved or relocated
building.
A603.3 Procedure for permit application processing. Prior to issuance of a
permit to demolish or relocate a building or structure, the permit application shall be
subject to the following:
1. Demolition or relocation of historical resource. For any structure located on
a property listed on the Inventory of Historical Resources, an application for
Architectural Review shall be submitted and require approval prior to issuance
of a permit for building relocation or demolition. The application shall include
plans for replacement structures, at the discretion of the Community
Development Director.
2. Demolition or relocation of structure not designated historical. For any
structure that is not located on a property listed on the Inventory of Historical
Resources and that is over 50 years old, the Community Development Director
shall determine if the structure or structures proposed for demolition are a
potential historic resource. Ifthe Community Development Director determines
that the structure or structures is/are a potentially historic resource(s), the
applicant shall submit an application for Architectural Review. If the
Community Development Director detefillines the structure or structures not to
be a potential historic resource, the applicant shall provide evidence that for a
period of not less than 90 days from date of permit application, the building was
advertised in a local newspaper on at least 3 separate occasions not less than 15
days apart, as available to any interested person to be moved; and submit
historic documentation for the structure in accordance with criteria established
by the Community Development Director and the Cultural Heritage Committee.
Exceptions for Structures Not Designated Historical:
1. A building or structure determined by the building official to be a dangerous
building as defined in the International Property Maintenance Code which
poses an imminent, serious threat to the health, safety or welfare of
community residents or people living or working on or near the site, and for
which historic documentation acceptable to the Community Development
Director has been submitted.
2. Accessory buildings, sheds, garages and similar structures, unless
determined to be a potential historic resource by the Community
Development Director.
A603.4 Guarantee. Prior to issuance of a permit to demolish or move a building
or structure, the applicant shall provide the city with a guarantee in such form and
amount as may be deemed necessary by the building official to assure completion of
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demolition or moving, removal of all debris, cleanup of the site, repair of damage to
public improvements, erection of barricades when required and filling of depression
below adjacent grade. The amount of the guarantee for demolition shall be not less than
one thousand dollars or twenty percent of the value of the demolition contract price,
whichever is greater. The amount of the guarantee for moving a building or structure
shall be twenty percent of the total value of all work to be accomplished and associated
with moving of the building, but not less than five thousand dollars. Work required to
comply with this section may be completed by the city after the time limits stated have
expired and shall be paid from the deposit. The deposit shall not be released until such
work is completed.
Exceptions:
1. No guarantee will be required when the demolition permit is issued at the
same time as a building permit for a redevelopment project.
2. When the structure to be moved is to be relocated outside the limits of the
city, the amount of the guarantee may be reduced when approved by the
building official, but in no case shall be less than one thousand dollars.
A603.5 Indemnity. Every person, firm or corporation to whom permission has
been granted under the terms of this chapter and other ordinances to utilize public
property for the demolition or moving of any building or structure shall at all times
assume responsibility for any damage to public property. Such permission shall be
further conditioned that any person, firm or corporation shall, as a consideration for the
use of public property, at all times release, hold harmless and indemnify the city and
all of its agents and employees from any and all responsibility, liability, loss or damage
resulting to any persons or property caused by or incidental to the demolition or moving
work. Written indemnification in a form acceptable to the city attorney shall be
provided.
A603.6 Damage to public property. As a condition of obtaining a permit to
demolish or move any building or structure, the permittee shall assume liability for any
damage to public property occasioned by such moving, demolition, or removal
operations. Applicants for demolition permits shall provide information and plans
when requested for protection of public property. Information and plans shall be
specific as to type of protection, structural adequacy and location. Approval to use or
occupy public property shall be obtained before proceeding with demolition work.
A603. 7 Insurance. Prior to the issuance of a permit to demolish or move any
building or structure, the permit applicant shall deposit with the building official a
certificate of liability insurance naming the city as an additional insured party on the
insurance policy. Such insurance shall be valid at all times during demolition or moving
operations. The liability insurance coverage shall be in an amount of at least five
hundred thousand dollars per occurrence for injuries, including accidental death to any
one person, and subject to the same limit for each additional person, in an amount at
least one million dollars on account of any one accident: and property damage in an
amount at least five hundred thousand dollars.
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Exception: Demolition of a wood frame building not greater than two stories or
twenty-five feet in height, measured to the top of the highest point of the roof,
provided the building is not less than twenty feet from public property lines or, if
less than twenty feet from public property lines, adequate protection is provided for
pedestrians and public property to the satisfaction of the building official.
A603.8 Disconnecting service lines. Prior to the issuance of a permit to demolish
or relocate a building or structure, the permit applicant shall complete the following to
the satisfaction of the building official:
1. Electrical service. The power to all electric service lines shall be shut-off and
all such lines cut or disconnected outside the property line. Prior to the cutting
of such lines, the property owner or his agent shall notify and obtain the
approval of the electric service agency.
2. Other service. All gas, water, steam, storm, sanitary sewers, and other service
lines shall be shut-off and/or abandoned as required by the public works
director, utilities director, or other agency
SECTION A604
PUBLIC SAFETY REQUIREMENTS
A604.1 General. The <lemolilion or moving of any building shall not commence
until structures required for protection of persons and property are in place. Such
structures and the demolition work shall conform to the applicable provisions of
Chapter 33 of the California Building Code. Prior to permit issuance, a schedule of
operations shall be submitted to the building official for review and approval, and shall
set forth a sequence of work on the building, the need to barricade public streets, details
of travel to and from the site for hauling operations, route of moving, estimated
completion date, and any other significant work which may require inspection or
coordination with city departments.
A604.2 Dust and debris. During demolition operations, all material removed shall
be wet sufficiently or otherwise handled to control the dust incidental to removal.
All adjacent streets, alleys and other public ways and places shall be kept free and clear
of all rubbish, refuse and loose material resulting from the moving, demolition or
demolition removal operations, except as allowed by temporary encroachment permits
approved by the public works director.
SECTION A605
REMOVAL OF MATERIALS
A605.1 General. All building rubble and debris shall be removed from the
demolition site to an approved point of disposal.
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A605.2 Foundations. All foundations, concrete slabs and building substructures
shall be removed to the satisfaction of the building official.
Exception: Foundations, concrete slabs on grade and building substructures may
remain if the site is fenced to the satisfaction of the building official.
A605.3 Completion. Upon completion of the removal of a building or structure by
either demolition or moving, the ground shall be left in a smooth condition free of
demolition debris. Holes in the ground, basements or cellars, shall be filled to existing
grade.
Exception: The filling of such excavation may not be required when a building
permit has been issued for a new building on the site and the construction thereof
is to start within sixty days after the completion of demolition or moving operations
and the permittee provides a temporary barricade protecting the excavation on all
sides to the satisfaction of the building official.
SECTION 15.04.050 AMENDMENTS; CALIFORNIA MECHANICAL CODE
A. Delete Chapter 1, Division II and Table 104.5. Administration of the mechanical code
shall be as set forth in Chapter 1, Division II of the California Building Code.
B. Delete Appendix Chapter E.
SECTION 15.04.060 AMENDMENTS; CALIFORNIA PLUMBING CODE
A. Delete Chapter 1, Division II, Table 104.5 and Appendix Chapters F and L.
Administration of the plumbing code shall be as set forth in Chapter 1, Division II of
the California Building Code.
B. Amend Section 314.4 to read as follows:
314.4 All excavations shall be completely backfilled as soon after inspection as
practicable. A layer of sand or fine gravel shall be placed in all sewer trenches to
provide a leveling and laying bed for pipe. Adequate precaution shall be taken to ensure
proper compactness ofbackfill around piping without damage to such piping. Trenches
shall be backfilled in thin layers to twelve (12) inches (.3 m) above the top of the piping
with clean earth which shall not contain stones, boulders, cinderfill, frozen earth,
construction debris or other materials which would damage or break the piping or cause
corrosive action. Mechanical devices such as bulldozers, graders, etc., may then be
used to complete backfill to grade. Fill shall be properly compacted. Suitable
precautions shall be taken to ensure permanent stability for pipe laid in filled or made
ground.
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C. Amend Section 715.2 to read as follows:
715.2 Joining Methods and Materials. Joining methods and materials for building
sewers shall be as prescribed in this code and shall only have joints that are glued,
solvent cemented, heat fused or welded.
Exception: "Strongback" type couplings may be used when connecting new or
replaced pipe to existing materials.
D. Add Section 1101.3.1 to read as follows:
1101.3.1 Rainwater Harvesting. Storm water drainage may be directed to an
approved rainwater harvesting system and used as an alternate source of water for non-
potable uses as approved by the Building Official and the San Luis Obispo County
Environmental Health Department. The installation and use of such a system or systems
must be designed to not interact with the potable water system, the building sanitary
sewer or drainage systems that flow to any creek. Rainwater harvesting systems must
be maintained in such manner as to not cause damage to neighboring properties.
E. Amend Section 1601.3, Exceptions: to read as follows:
Exceptions:
1) A permit is not required for exterior rainwater catchment systems used for outdoor
non-spray irrigation with a maximum storage capacity of 600 gallons where: the
tank is supported directly upon grade, the ratio of height to diameter or width does
not exceed 2 to 1 ( except as exempted by the Chief Building Official upon
confirmation of structural stability), and it does not require electrical power or a
makeup water supply connection, the height does not exceed seven feet, and it is
not visible from the public right-of-way that abuts the front yard.
2) A permit is not required for exterior rainwater catchment systems used for spray
irrigation with a maximum storage capacity of 360 gallons
SECTION 15.04.070 AMENDMENTS; CALIFORNIA ELECTRICAL CODE
A. Administration of the electrical code shall be as set forth in Chapter 1, Division II of
the California Building Code.
B. Amend Article (A)(l) to read as follows:
1) Readily Accessible Location. The service disconnecting means shall be installed at a readily
accessible location either outside the building or other structure, or inside nearest the
point of entrance of the service conductors. The disconnecting means shall be
accessible to emergency personnel, either directly or by a remote actuating device,
without requiring transit of the building interior. Dedicated electrical equipment rooms
located at the building perimeter and providing direct access to the outside shall satisfy
accessibility for emergency personnel.
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SECTION 15.04.080 AMENDMENTS; INTERNATIONAL PROPERTY
MAINTENANCE CODE
A. Delete Chapter 1 with the exception of Section 101.1 which is amended to read as
follows:
101.1 Administrative Provisions. The administrative prov1s1ons for the
enforcement of the International Property Maintenance Code shall be as set for the in
the Uniform Housing Code, The Uniform Code for the Abatement of Dangerous
Buildings, and other provisions of the San Luis Obispo Municipal Code.
SECTION 15.04.090 PERMITS REQUIRED FOR WELL CONSTRUCTION
A. No person shall construct, repair, modify, abandon or destroy any water well without
first obtaining a permit from the City. As used herein, "water well" shall mean an
artificial excavation constructed by any method for the purpose of extracting water
from, or injecting water into, the underground.
B. All work performed pursuant to each such permit shall be in conformance with all State
laws and standards including applicable portions of Department of Water Resources
Bulletin No. 74-81, all City ordinances, resolutions and policies relating thereto, and
such permit conditions as may be imposed by the City.
C. Any water well-constructed, repaired, modified, destroyed, abandoned, or operated in
violation of this section or the permit requirements shall constitute a public nuisance
which may be abated by the City. A person who digs, drills, excavates, constructs, owns
or controls any well and abandons such well and a person who owns, occupies,
possesses or controls any premises on which an abandoned well exists shall cap or
otherwise securely cover, cap or protect the entrance to the well. The capping or
covering shall be so constructed and installed as will prevent any human being from
suffering any bodily injury or death, through accident or inadvertence, by reason ofthe
existence of the well.
15.04.100 AMENDMENTS; CALIFORNIA FIRE CODE
A. Delete Appendix Chapter A.
B. Amend Chapter 1, 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 San
Luis Obispo, may be cited as such and will be referred to herein as "this code".
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C. Amend Chapter 1, Division II, Section 105.1.1 to read as follows:
105.1.1 Permits required. Permits required by this code shall be obtained from the
fire code official. A fee for each permit shall be paid prior to issuance of the permit, in
accordance with the schedule as established by the applicable governing authority.
Issued permits shall be kept on the premises designated therein at all times and shall be
readily available for inspection by the fire code official.
D. Amend Chapter 1, Division II, Section 108 to read as follows:
108 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 interpretation of this code, there shall be and is hereby created a board
of appeals. The board of appeals shall be established as set forth in Chapter 1, Division
II Section 113 of the California Building Code, as amended in Section 15.04.020 of the
San Luis Obispo Municipal Code. The fire code official shall be an ex officio member
of said board but shall have no vote on any matter before the board. The board shall
adopt rules of procedure for conducting its business and shall render all decisions and
findings in writing to the appellant with a duplicate copy to the fire code official.
E. Amend Chapter 1, Division II, Section 109.3 to read as follows:
109.4 Violation pt!naUies. Persons who shall violate a provision of this code or
shall fail to comply with any of the requirements thereof or who shall erect, install,
alter, repair or do work in violation ofthe approved construction documents or directive
of the fire code official, or of a permit or certificate used under provisions of this code,
shall be guilty of a misdemeanor, punishable by a fine of not more than 1,000 dollars
or by imprisonment not exceeding one year, or both such fine and imprisonment. Each
day that a violation continues after due notice has been served shall be deemed a
separate offense.,_
F. Amend Chapter 1, Division II, Section 111.4 to read as follows:
111.4 Failure to comply. Any person who shall continue any work after having
been served with a stop work order, except such work as that person is directed to
perform to remove a violation or unsafe condition, shall be liable to a fine of not less
than that established by Municipal Code Section 1.12.040.
G. Amend Section 302.1 to add the following definition to read as follows:
SKY LANTERN. An Airborne lantern typically made of paper with a wood frame
containing a candle, fuel cell composed of waxy flammable material or other open
flame which serves as a heat source to heat the air inside the lantern to cause it to lift
into the air. Sky candles, fire balloons and airborne paper lanterns mean the same as
sky lanterns.
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H. Amend Section 307.1.1 and 307.2 to read as follows:
307.1.1 Prohibited open burning. No waste matter, combustible material or refuse
shall be burned in the open air within the city. Agricultural, ceremonial or similar types
of fires may be approved when authorized by the fire code official. Open burning,
cooking or warming fires are prohibited on brush-covered public lands within the city.
307.2 Permit required. A permit shall be obtained from the fire code official in
accordance with Section 105.6 prior to kindling a fire for recognized silvicultural or
range or wildlife management practices, prevention or control of disease or pests.
Application for such approval shall only be presented by and permits issued to the
owner of the land upon which the fire is to be kindled.
I. Amend Sections 307.4.1 and 307.4.2 to read as follows:
307.4.1 Bonfires. Bonfires shall be prohibited.
307 .4.2 Recreational fires. Recreational fires shall be prohibited.
Exception: Recreational fires may be permitted in approved, non-combustible
commercially built containers, measuring no more than 3 feet in diameter and 2 feet
tall, raised at least 6 inches off the ground with non-combustible legs and having a
non-combustible spark arrester screen with holes no larger than V4 inch. The ground
beneath this container shall be clear of combustible material for 10 feet in diameter,
and 10 feet away from combustible construction. The material being burned shall
be wood only and shall not include pressure treated lumber. A pre-connected garden
hose shall be accessible.
J. Amend Section 308.1.6.3 to read as follows:
308.1.6.3 Sky lanterns. The ignition and launching of sky lanterns are prohibited.
Exceptions:
1) Upon approval of the fire code official, sky lanterns may be used under the
following conditions:
a) When necessary for religious or cultural ceremonies and adequate
safeguards have been taken in the discretion of the fire code official. Sky
lanterns must be tethered in a safe manner to prevent them from leaving the area
and must be constantly attended until extinguished.
K. Amend Section 405.7 to read as follows:
405. 7 Initiation. Where a fire alarm system is provided, emergency evacuation
drills shall be initiated by activating the fire alarm system. Prior to initiating an alarm,
the person initiating the alarm shall contact the fire alarm monitoring company and
advise the company's dispatcher of the fire drill. In cases where the fire alarm system
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is not monitored by a central station, notification shall be provided to the fire
department dispatch center.
L. Amend Section 503.1.1 and 503.1.2 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 to 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 as measured by an approved route around the exterior of the building or
facility.
Exceptions: The fire code official is authorized to increase the dimension of 150
feet (45720 mm) to 300 feet (91440 mm) where:
1. The building is equipped throughout with an approved automatic sprinkler
system installed in accordance with Section 903. 3.1.1, 903.3.1.2 or 903.3.1.3.
2. Fire apparatus access roads cannot be installed because of topography,
waterways, nonnegotiable grades or other similar conditions, and an approved
alternative means of fire protection is provided.
3. There is not more than two Group R-3 or Group U Occupancies, provided, in
the opinion of the fire code official, firefighting or rescue operations would not
be impaired.
503.1.2 Additional access. The fire code official is authorized to require more than
one fire apparatus access/egress road based on the potential for impairment of a single
road by vehicle congestion, condition of terrain, climatic conditions or other factors
that could limit access/egress.
M. Amend Section 503.2.5 to read as follows:
503.2.5 Dead Ends. Dead-end fire apparatus access roads in excess of 150
feet ( 45 720 mm) in length shall be provided with an approved area for turning
around fire apparatus.
Exception: Where buildings along the dead-end road are protected by an approved
fire sprinkler system throughout, the distance may be increased to 300 feet (91 440
mm).
N. Amend Section 503.4.1 as follows:
503. 4.1 Traffic calming devices. Traffic calming devices may be installed
provided they obtain acceptance of the design and approval of the construction by the
fire code official.
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0. Amend Section 505.1 to read as follows:
505.1 Address numbers. New and existing buildings shall have approved
address numbers, building numbers or approved building identification placed in a
position that is plainly legible and visible from the street or road fronting the property.
These numbers shall contrast with their background. Address numbers shall be Arabic
numerals or alphabetical letters. Numbers shall not be spelled out. Numbers shall be a
minimum of 5 inches (102 mm) high with a minimum stroke width of 0.5 inch (12.7
mm) or as otherwise determined necessary by the fire code official. Where required by
the fire code official, address identification shall be provided in additional approved
locations to facilitate emergency response. Where access is by means of a private road
and the building cannot be viewed from the public way, a monument, pole or other sign
or means shall be used to identify the structure. Address identification shall be
maintained.
P. Amend Section 507.2 to read as follows:
507.2 Type of water supply. A water supply shall consist ofreservoirs, pressure
tanks, elevated tanks, water mains or other fixed systems connected to the municipal
water system and capable of providing the required fire-flow.
Q. Amend Section 507.5.1 and delete Exceptions 1 to read as follows:
507.5.1 Where required. Where a portion of the facility or building hereafter
constructed or moved into or within the jurisdiction is more than 300 feet (91440 mm)
from a hydrant on a fire apparatus access road, as measured by an approved route
around the exterior of the facility or building, on-site fire hydrants and mains shall be
provided where required by the fire code official.
R. Add Section 507.5.4.1 to read as follows:
507. 5.4.1 Authority to remove obstruction. The fire code official and his authorized
representatives shall have the power and authority to remove or cause to be removed,
without notice, any vehicle, or object parked or placed in violation of the California
Fire Code. The owner of any item so removed shall be responsible for all towing,
storage and other charges incurred.
S. Amend Section 603.1.4 to read as follows:
603.1.4 Fuel Oil. The grade of fuel oil used in a burner shall be that for which the
burner is approved and as stipulated by the burner manufacturer. Oil containing
gasoline shall not be used.
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T. Amend Section 603.9 to read as follows:
603.9 Gas meters. Above-ground gas meters, regulators and piping subject to
damage shall be protected by a barrier complying with Section 312 or otherwise
protected in an approved manner. Gas meters shall be permanently marked and
identified as to the building or system served.
U. Amend Section 608.1 to read as follows:
Section 608.1 Scope. Stationary storage battery systems having an electrolyte
capacity of more than 50 gallons (189 L) for flooded lead acid, nickel cadmium (Ni-
Cd) and valve-regulated lead acid (VRLA), or 1,000 pounds (454 kg) for lithium-ion
and lithium metal polymer, used for facility standby power, emergency power, or
uninterrupted power supplies or the indoor storage of electric carts, cars, fork-lifts and
similar equipment, shall comply with this section and Table 608.1.
V. Amend Section 901.4.2 and Section 901.4.4 to read as follows:
901.4.2 Non-required fire protection systems. Any fire protection system or
portion thereof not required by this code or the California Building Code may be
allowed, when approved by the fire code official, to be furnished for partial or complete
protection provided such installed system meets the requirements of this code and the
California Building Code.
901.4.4 Additional fire protection systems. In occupancies of a hazardous nature,
where special hazards exist in addition to the normal hazards of the occupancy, or
where the fire code official determines that access for fire apparatus is unduly difficult,
or the location is beyond the four-minute response time of the fire department, the fire
code official shall have the authority to require additional safeguards. Such safeguards
include, but shall not be limited to, the following: automatic fire detection systems, fire
alarm systems, automatic fire extinguishing systems, standpipe systems, or portable or
fixed extinguishers. Fire protection equipment required under this section shall be
installed in accordance with this code and applicable referenced standards.
W. Amend Section 901.6 to read as follows:
Section 901.6 Inspection, testing and maintenance. Fire detection, alarm and
extinguishing systems, mechanical smoke exhaust systems, and smoke and heat vents
shall be maintained in an operative condition at all times and shall be replaced or
repaired where defective. Non-required fire protection systems and equipment shall be
inspected, tested and maintained or removed. No person shall cause a response of
emergency personnel due to failure ofnotifying police/fire dispatch ofany drill, testing,
maintenance, installation of, repair or alteration to any fire protection system.
X. Amend Section 903.2, add Section 903.2.1 and 903.2.2 and delete Sections 903.2.1
through 903.2.10 to read as follows:
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903. 2 General. An automatic fire-extinguishing system shall be installed in new
buildings as set forth in Section 903 .2 of the California Building Code as amended by
Section 15.04.020 of the San Luis Obispo Municipal Code.
903.2.21 Existing buildings in commercial fire zone. Existing buildings located in
the commercial fire zone shown in Figure 9-A that are provided with an underground
fire sprinkler lateral, shall have an automatic fire sprinkler system installed and
operational within 24 months of the approval and acceptance of the lateral by the City.
Exceptions:
1. The installation of an automatic fire sprinkler system required by Section
903.2.1 in a building of unreinforced masonry construction not strengthened by
July 1, 2007 shall coincide with the strengthening dates established by
Resolution #9890 (2007). City Council established dates range from 2008 to
2010 based on the relative hazard of the building.
2. An automatic fire sprinkler system required by Section 903 .2.1 in a building of
unreinforced masonry construction strengthened as required by Appendix
Chapter 1 of the 1997 Uniform Code for Building Conservation, as amended,
prior to July 1, 2007, shall be completed and operational by July 1, 2012.
3. An automatic fire sprinkler system required by Section 903.2.1 in a building of
unreinforced masonry construction strengthened as required by Appendix
Chapter 1 of the 1997 Uniform Code for Building Conservation, as amended,
prior to October 1, 2004, shall be completed and operational by January 1, 2017.
FIGURE 9-A -COMMERCIAL FIRE ZONE
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903.2.22 Notification. Whenever the fire code official determines that a building is
subject to the minimum requirements of Section 903.2.1, the building owner shall be
notified in writing that an automatic fire-sprinkler system shall be installed in the
building.
The notice shall specify in what manner the building fails to meet the minimum
requirements of Section 903.2.1. It shall direct that plans be submitted, that necessary
permits be obtained, and that installation be completed by the specified date. The fire
department shall serve the notice, either personally or by certified or registered mail,
upon the owner as shown on the last-equalized assessment roll and upon the person, if
any, in real or apparent charge or control of the building.
Section 903.2.3 through Section 903.2.10 not used. Text continues with Section
903.2.11.
Y. Amend Sections 903.3.1.1 and 903.3.1.1.1 to read as follows:
903.3.1.1 NFPA 13 sprinkler systems. Where other provisions of this code
require that a building or portion thereof be equipped throughout with an automatic
sprinkler system in accordance with this section and where a building is considered as
mixed occupancy due to the presence of two or more uses that are classified into
different occupancy groups, sprinklers shall be installed throughout in accordance with
NFPA 13 as amended in Chapter 80 except as provided in Section 903.3.1.1.1.
903.3.1.1.1 Exempt locations. In other than Group I-2, I-2.1 and I-3
occupancies, automatic sprinklers shall not be required in the following rooms or areas
where such rooms or areas are protected with an approved alternative automatic fire
extinguishing system in accordance with Section 904. Sprinklers shall not be omitted
from any room merely because it is damp, of fire-resistance-rated construction or
contains electrical equipment.
1.-7. No change.
Z. Amend Section 903.4 to read as follows, with Exceptions to remain:
903.4 Sprinkler system monitoring and alarms. All valves controlling the water
supply for automatic sprinkler systems, pumps, tanks, water levels and temperatures,
critical air pressures, and water-flow switches on all sprinkler systems shall be
electrically supervised by a central station service listed by Underwriters Laboratories
for receiving fire alarms in accordance with NFP A 72. The central station shall contact
and notify the police/fire dispatch center immediately on notification of an alarm and
prior to making contact with the protected premises.
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AA. Amend Section 903.4.3 and add Exception to read as follows:
903.4.3 Isolation control valves. Approved supervised indicating control valves
shall be provided at the point of connection to the riser on each floor in all buildings
two or more stories in height or in single-story buildings having a gross floor area of
10,000 square feet or more zoned into no more than 5,000 square-foot areas for the
purpose of maintaining system integrity for life safety and evacuation.
Exception: Isolation control valves may be omitted in building equipped with an
automatic fire extinguishing system installed in accordance with Section 903.3.1.3.
BB. Amend Section 905.3.1 to read as follows:
905.3.1 Height. In other than Group R-3 and R-3.1 occupancies, Class III standpipe
systems shall be installed throughout at each floor where any of the following occur.
1. Buildings where the floor level of the highest story is located more than 30 feet
9144 mm) above the lowest level of fire department vehicle access.
2. Buildings that are four or more stories in height.
3. Buildings where the floor level of the lowest story is located more than 30 feet
9144 mm) below the highest level of fire department vehicle access.
4. Buildings that are two or more stories below the highest level of fire department
vehicle access.
5. In any parking structure exceeding one level above or one level below grade.
CC. Amend Section 907.6.6 to read as follows:
907 .6.6 Monitoring. Fire alarm systems required by this chapter or by the
California Building Code shall be monitored by an approved central station service
listed by Underwriters Laboratory for receiving fire alarms in accordance with NFP A
72 and this section. The central station shall contact and notify the police/fire dispatch
center immediately on notification of an alarm and prior to making contact with the
protected premises.
Exception: Monitoring by a central station service is not required for:
1. Single-and multiple station smoke alarms required by Section 907.2.11.
2. Group I-3 occupancies shall be monitored in accordance with Section 907.2.6.3.
3. Automatic sprinkler systems in one-and two-family dwellings.
DD. Add Section 910.3.2.1 to read as follows:
Section 910. 3.2.1 Sprinklered buildings. Where installed in buildings equipped with
an approved automatic sprinkler system, smoke and heat vents shall be designed to
operate automatically by actuation of a heat responsive device rated at least 100 degrees
above the operating temperature of the sprinkler heads.
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EE. Delete Section 1030.1 Item 2, Exception 6
FF. Amend Section 2306.2 and delete 2306.2.6, to read as follows:
2306.2 Method of storage. Approved methods of storage for Class I, II and III
liquid fuels at motor fuel-dispensing facilities shall be in accordance with Sections
2306.2 through 2306.2.5.
GG. Amend Section 2306.2.3 (3) to read as follows:
3. Tanks containing fuels shall not exceed 8,000 gallons (30 274 L) in individual
capacity or 16,000 gallons (60 549 L) in aggregate capacity. Installations with
the maximum allowable aggregate capacity shall be separated from other such
installations by not less than 100 feet (30 480 mm).
HH. Amend Sections 2306.2.4 and 2306.2.4.1 to read as follows, and delete Section
2306. 2.4.2:
2306.2.4 Above-ground tanks located in above-grade vaults or below-grade
vaults. Above-ground tanks used for storage of Class I, II, or III liquid motor fuels are
allowed to be installed in vaults located above grade or below grade in accordance with
Section 5704.2.8 and shall comply with Sections 2306.2.4.1 and 2306.2.4.2. Tanks in
above-grade vaults shall also comply with Table 2306.2.3 and the fuel shall not be
offered for resale.
2306.2.4.1 Tank capacity limits. Tanks storing Class I, II or III liquids at an
individual site shall be limited to a maximum individual capacity of 8,000 gallons (30
274 L) and an aggregate capacity of 16,000 gallons (60 549 L).
II. Amend Section 2306.2.6 items 1 and 6 to read as follows:
1. The special enclosure shall be liquid tight and vapor tight. A leak detection-
monitoring system capable of detecting liquid and providing an audible and
visual alarm shall be installed and tested annually.
6. Tanks containing Class I, II, or III liquids inside a special enclosure shall not
exceed 2,000 gallons (7569 L) in individual capacity or 6,000 gallons (22706
L) in aggregate capacity.
JJ. Delete Section 3304.3 and amend Section 3304.5 to read as follows.
Section 3304.5 Fire watch. When required by the fire code official for construction,
alteration or building demolition that is hazardous in nature, qualified personnel shall
be provided to serve as on-site fire watch. Fire watch personnel shall be provided with
at least one approved means for notification of the fire department and their sole duty
shall be to perform constant patrols and watch for the occurrence of fire.
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KK. Amend Section 3310.1 to read as follows:
Section 3310.1 Required access. Approved vehicle access for firefighting shall be
provided to all construction or demolition sites. Vehicle access shall be provided to
within 150 feet of all combustible material. Vehicle access shall be provided by either
temporary or permanent roads, capable of supporting vehicle loading under all weather
conditions. Vehicle access roads shall be maintained until permanent fire apparatus
access roads are available.
LL. Amend Section 3312.1 to read as follows:
Section 3312.1 When required. An approved water supply for fire protection,
either temporary or permanent, shall be made available prior to combustible material
arriving on the site.
MM. Amend Section 4901.1 to read as follows:
4901.1 Scope. The mitigation of conditions where a wildfire burning in vegetative
fuels may readily transmit fire to buildings and threaten to destroy life, overwhelm fire
suppression capabilities, or result in large property losses shall comply with this
chapter. In determining requirements for properties located within the wildland-urban
interface fire area, the fire code official may be guided by the requirements of the
International Wildland-Urban Interface Code and National Fire Protection Association
Standards.
NN. Amend Section 4902.1, definition of Wildland-Urban Interface Fire Area to read as
follows:
Wildland-Urban Interface Fire Area: is a geographical area identified by the state as
a "Fire Hazard Severity Zone" in accordance with the Public Resources Code Sections
4201 through 4204 and Government Code Section 51175 through 51189, or other areas
designated by the enforcing agency to be at a significant risk from wildfires. Within
the City of San Luis Obispo this includes those areas designated as local very high fire
hazard severity zones.
00. Amend Section 4905.3 to read as follows:
4905.3 Establishment of limits. The City of San Luis Obispo is considered a
Community at Risk" due to the threat ofwildfire impacting the urban community. The
City shall continue to enhance the fire safety and construction codes for new buildings
in order to reduce the risk of urban fires that may result from wildfires. New buildings
citywide shall incorporate the following construction methods and materials: Ignition
resistant exterior wall coverings; Fire sprinkler protection in attic areas (at least one
pilot head"); Ember resistant vent systems for attics and under floor areas, protected
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eaves, and Class 'A' roof coverings as identified in the California Building Code
Chapter 7A.
PP. Amend Section 5601.1 and add exceptions 11 and 12 to read as follows:
5601.1 Scope. The provisions of this chapter shall govern the possession,
manufacture, storage, handling, sale and use of explosives, explosive materials,
fireworks, rockets, emergency signaling devices and small arms ammunition.
Manufacture, possession, storage, sale, transportation, handling or use of explosive
materials and the manufacture of explosive material and/or all fireworks, including Safe
and Sane as designated by the Office of the State Fire Marshal, is prohibited within the
City.
Exceptions:
1. -10 as written.
11. Use and handling of fireworks for display in accordance with Section 5601.1.3
exception (3) when authorized by the fire code official and in full compliance
with Title 19, Division I, Chapter 6.
12. The transportation, handling or use of explosive materials in conjunction with
a City permitted construction or demolition project, subject to approval of the
fire code authority and conforming to the requirements of the California Code
of Regulations, Title 19, Division 1, Chapter 10.
QQ. Amend Section 5704.2.7 and Delete the Exception to Section 5704.2.7.5.8 to read as
follows:
5704.2.7 Design, construction and general installation requirements for tanks.
All tanks shall be protected tanks as defined in Section 5702. The design, fabrication,
and construction of tanks shall comply with NFPA 30. Tanks shall be of double-walled
construction and listed by Underwriters Laboratories (UL). Each tank shall bear a
permanent nameplate or marking indicating the standard used as the basis of design.
5704.2.7.5.8 Over-fill prevention. An approved means or method in accordance with
Section 5704.2.9.7.6 shall be provided to prevent the over-fill of all Class I, II and IIIA
liquid storage tanks. Storage tanks in refineries, bulk plants or terminals regulated by
Sections 5706.4 or 5706.7 shall have over-fill protection in accordance with API 2350.
An approved means or method in accordance with Section 5704.2.9. 7 .6 shall be provided
to prevent the overfilling of Class 1118 liquid storage tanks connected to fuel-burning
equipment inside buildings
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RR. Amend 5704.2.8.3 to read as follows:
5704.2.8.3 Secondary containment. Vaults shall be liquid tight and there shall be no
backfill around the tank or within the vault. The vault floor shall drain to a sump. For
pre-manufactured vaults, liquid tightness shall be certified as part of the listing
provided by a nationally recognized testing laboratory. For field-erected vaults, liquid
tightness shall be certified in an approved manner.
SS. Add Section 5704.2.8.11.1 to read as follows:
5704.2.8.11.1 Monitoring and detection. Activation of vapor detection systems
shall also shut off dispenser pumps. Monitoring and detection systems shall be
inspected and tested annually.
TT. Amend Sections 5704.2.9 to read as follows:
5704.2.9 Above-ground tanks outside of buildings. Above-ground storage of
flammable and combustible liquids in tanks outside of buildings shall comply with
Section 5704.2 and Sections 5704.2.9.1 through 5704.2.9.7.9 and Section 2306.2.3,
condition 3.
UU. Amend Section 5704.2.13.1.4 to read as follows:
5704.2.13.1.4 Tanks abandoned in place. A tank owner/operator proposing to
abandon a tank in place shall submit a permit application to the fire department for
assessment of soil contamination around the tank and product, vent and vapor piping.
If contamination is confirmed, a work plan for additional assessment or remediation
shall be submitted to the fire department within 30 days. If a tank is approved for
abandonment in place, the property owner will be required place a deed notice on the
property. The deed notice shall be notarized and recorded with the San Luis Obispo
County Clerk Recorder's Office within 30 days of tank abandonment. Tanks
abandoned in place shall be as follows:
VV. Amend 5706.2.4 and the Exception to Section 5706.2.4 to read as follows:
5706.2.4 Permanent and temporary tanks. The capacity of permanent above-
ground tanks containing Class I, II or III liquids shall not exceed 1, 100 gallons ( 4164 L ).
The capacity of temporary aboveground tanks containing class I, II, or III liquids shall
not exceed 8,000 gallons (30 274 L). Tanks shall be of the single-compartment design,
double-walled construction and shall be listed by Underwriters Laboratory (UL).
Exception: Permanent aboveground tanks of greater capacity which meet the
requirements of 5704.2, as amended, may be permitted when approved by the fire
code official.
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WW. Amend Section 5706.2.5 to read as follows:
5706.2.5 Type of tank. Tanks shall be listed for use by Underwriters Laboratory
UL), provided with top openings only, and overfill protection, and approved
hoses/nozzles. Tanks shall be of double-walled construction or be provided with
secondary containment. Elevated gravity discharge tanks shall be permitted only by
approval of the fire code official.
XX. Amend Section 6104.2 to read as follows:
6104.2 Maximum capacity within established limits. The installation of any
liquid petroleum gas (LPG) tank over 500 gallons (1892 L) water capacity is prohibited
unless approved by the fire code official. In residential occupancies, LPG containers
are limited to 5 gallons (19 L) for use in outdoor appliances.
YY. Amend the Exception to Appendix Section 8105.1 and the title of Table 8105.1 (1)
to read as follows:
B105.2 One-and two-family dwellings. The mm1mum fire-flow and flow
duration for one-and two-family dwellings shall be as specified in Tables 8105 .1 (1)
and 8105.1 (2).
Table B105.l(l)
REQUIRED FIRE-FLOW FOR ONE-AND TWO-FAMILY DWELLINGS
The remainder of the table is unchanged.
ZZ. Amend the Exception to Appendix Section 8105.2 to read as follows:
B105.2 Buildings other than one-and two-family dwellings. The minimum fire-
flow and flow duration for buildings other than one-and two-family dwellings shall be
as specified in Table 8105.1 (2).
Exception: A reduction in required fire-flow of up to 50 percent, as approved by
the fire code official, may be allowed when the building is provided with an
approved automatic sprinkler system installed in accordance with Section 903 .3 .1.1
or 903.3.1.2. The resulting fire-flow shall not be less than 1,500 gallons per minute
5678 L/min) for the prescribed duration as specified in Table 8105.1(2).
AAA. Amend Appendix Section D 103 .1 to read as follows:
0103.1 Access road width with a hydrant. Where a fire hydrant is located on a
fire apparatus road, the minimum road width shall be 26 feet (7925 mm). See Figure
0103.1.
0 1670
ATTACHMENT 11
Ordinance No. 1670 (2019 Series) Page 51
Exceptions to Figure 0103.1: Cul-de-sac diameter may be a minimum of70 feet
as approved by the fire code official. Parking in cul-de-sacs of less than 96 feet in
diameter shall be approved by the fire code official.
BBB. Amend Appendix Section 0103.4, Table 0103.4 and Figure 0103.1 to read as
follows:
0103.4 Dead ends. Dead-end fire apparatus access roads in excess of 150 feet shall
be provided with width and turnaround provisions in accordance with Table 0103.4,
as amended.
Exception: Where buildings along the dead-end road are protected by an approved
fire sprinkler system throughout, the distance may be increased to 300 feet (91 440
mm).
Table 0103.4: The minimum fire apparatus turnaround cul-de-sac diameter shall
be 70 feet, curb to curb, when posted "No Parking".
CCC. Amend Appendix Section 0103.6 through 0103.6.2 to read as follows:
0103.6 Signs. Where required by the fire code official, fire apparatus roads shall
be marked with permanent NO PARKING--FIRE LANE signs per city standards.
Signs shall be posted on one or both sides of the fire apparatus road as required by
Section 0103.6.1 or 0103.6.2.
0103.6.1 Roads less than 28 feet in width. Fire apparatus roads 20 to less than 28
feet wide shall be posted on both sides as a fire lane.
0103.6.2 Roads 28 or greater feet in width. Fire apparatus roads 28 to less than 36
feet wide shall be posted on one side of the road as a fire lane.
DDD. Amend Appendix Section D 104.1 to read as follows:
0104.1 Buildings exceeding three stories or 30 feet in height. Buildings or
facilities exceeding 30 feet (9144 mm) or three stories in height shall have adequate
means of fire department access for each structure as approved by the fire code official.
EEE. Amend the Exception to Appendix Section D 104.2 to read as follows:
0104.2 Buildings exceeding 62,000 square feet in area. Buildings or facilities
having a gross building area of more than 62,000 square feet (5760 m2) shall be
provided with two separate and approved fire apparatus access roads.
Exception: Buildings located in the commercial fire zone as shown on Figure 9-
A of this code may be provided with fire apparatus access roads having a minimum
width of 20 feet when approved by the fire code official.
0 1670
ATTACHMENT 11
Ordinance No. 1670 (2019 Series) Page 52
FFF. Amend Appendix Section 0105.2 by adding an exception to read as follows:
0105.2 Width. Aerial fire apparatus access roads shall have a minimum
unobstructed width of 26 feet (7925 mm) in the immediate vicinity of any building or
portion of a building more than 30 feet (9144 mm) in height.
Exception: Buildings located in the commercial fire zone as shown on Figure 9-A
of this code may be provided with fire apparatus access roads having a minimum
width of 20 feet when approved by the fire code official.
GGG. Amend Section 0106.1 to read as follows:
0106.1 Projects having more than 100 dwelling units. Multiple-family
residential projects having more than 100 dwelling units shall be equipped throughout
with two separate and approved fire apparatus access roads.
HHH. Delete Appendix Section 0106.2.
III. Amend Appendix Section D 107 .1 and delete Exception 1 to read as follows:
0107.1 One-or two-family dwelling residential developments. Developments
of one-or two-family dwellings where the number of dwelling units exceeds 30 shall
be provided with separate and approved fire access roads and shall meet the
requirements of 0104.3. Where the number of dwelling units is less than 30, the fire
code official may require additional access in accordance with Section 503.1.2.
Exception: The number of dwelling units on a single fire apparatus access road
shall not be increased unless fire apparatus access roads will connect with future
development, as determined by the fire code official.
SECTION 7. The Chief Building Official and Fire Code Official are hereby authorized
and directed to transmit a copy of this ordinance to the California Building Standards Commission
as required by California Health and Safety Code Section 17958.7.
SECTION 8. If any provision of this Ordinance is for any reason held to be invalid by a
court of competent jurisdiction, the City of San Luis Obispo hereby declares that it would have
passed each and every remaining provision irrespective of such holding in order to accomplish the
intent of this ordinance.
01670
ATTACHMENT 11
l
Ordinance No. 1670 (2019 Series) Page 53
SECTION 9. A summary of this ordinance, approved by the City Attorney, together with
the ayes and noes shall be published at least 5 days prior to its final passage in the Tribune, a
newspaper published and circulated in said City, and the same shall go into effect at the expiration
of 30 days after its final passage, but not before January 1, 2020. A copy of the full text of this
ordinance shall be on file in the Office ofthe City Clerk on and after the date following introduction
and passage to print and shall be available to any member of the public
INTRODUCED on the 22nd day of October 2019, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 12th day of November 2019, on the following roll
call vote:
AYES:
NOES:
ABSENT:
ATTEST:
Council Member Christianson, Gomez, Stewart, Vice Mayor Pease and
Mayor Harmon
None
None
City Clerk
APPROVED A
hristine Dietrick
City Attorney
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, this '3YL\ day of)),e,.q :e-m b 'f>!o{': , "2..019 .
01670
ATTACHMENT 11
DEPARTMENT OF GENERAL SERVICES
BUILDING STANDARDS COMMISSION
2525 Natomas Park Drive, Suite 130
Sacramento, California 95833-2936
916)263-0916
February 24, 2020
Mark Sadowski, Building & Safety Supervisor
Community Development Building and Safety
City of San Luis Obispo
919 Palm Street
San Luis Obispo, CA 93401-3218
RE: Ordinance #1670 (2019 Series)
Dear Mr. Sadowski:
GOVERNOR GAVIN NEWSOM
C 1 i f.1011; 0111 SPO
MAR 0 2 2020
C'0.PV! 4TJNITV7-1, " [El OPM T,NT
This letter is to advise you of our determination regarding the referenced ordinance with express findings
received from your agency on 12/31/19.
Our review finds the submittal to contain one ordinance modifying provisions of the 2019 California Building
Standards Code in Title 24, California Code of Regulations (code), and express findings complying with
Health and Safety Code Sections 17958.7 and 18941.5. The code modification is accepted for filing and is
enforceable. This letter attests only to the satisfaction of the cited law for filing of local code amendment
supported by an express finding with the California Building Standards Commission (CBSC). CBSC is not
authorized by law to evaluate the merit of the code modification or the express finding.
Local modifications to the code are specific to a particular edition of the code. They must be readopted and
filed with CBSC in order to remain in effect when the next triennial edition of the code is published.
On a related matter, should your city receive and ratify Fire Protection District ordinances making
modifications to the code, be advised that Health and Safety Code Section 13869.7(c) requires such ratified
ordinances and express findings to be filed with the Department of Housing and Community Development,
Division of Codes and Standards, State Housing Law Program, rather than CBSC. Also, ordinances making
modifications to the energy efficiency standards of the code may require approval from the California Energy
Commission pursuant to Public Resources Code Section 25402.1(h)(2).
If you have any questions or need any further information, you may contact me at (916) 263-0916.
Sincerely,
IAA
siCdriguez oqueMRostruction
Analyst
cc: CBSC
Chron Local Filings
ATTACHMENT 11
15.04.020 Amendments—California Building Code.
A.Delete Appendices A, B, D, E, H, K and M.
B.Amend Chapter 1, Division II, Section 101.2, to read as follows:
101.2 Scope. The provisions of this code shall apply to the construction, alteration, relocation,
enlargement, replacement, repair, equipment, use and occupancy, location, maintenance, removal and
demolition of every building or structure, including pre-manufactured shipping containers, or any
appurtenances connected to or attached to such buildings or structures.
Exception: The provisions of the California Residential Code for One- and Two-family Dwellings shall
apply to the construction, alteration, movement, enlargement, replacement, repair, equipment, use and
occupancy, and location of detached one- and two-family dwellings and townhouses not more than
three stories above grade plane in height with a separate means of egress and their accessory structures
not more than two stories above grade plane in height and 3,000 sq. ft. in area.
C.Amend Chapter 1, Division II, Section 103.1, to read as follows:
103.1 Creation of enforcement agency. The building and safety division is hereby created and the
official in charge thereof shall be known as the building official.
D.Add Chapter 1, Division II, Section 104.10.2, to read as follows:
104.10.2 Alternate Means and Methods Fee. When a request for approval of an alternate means and
methods is proposed under Section 104.10, an alternate means and methods fee shall be paid at the
time of submitting the documents for review. Said fee shall be in accordance with the schedule as
established by the applicable governing authority.
E.Add Chapter 1, Division II, Section 104.12, to read as follows:
104.12 Airspace subdivisions. The building official shall have the authority to apply the building
ordinances of the city of San Luis Obispo and those building regulations mandated by State law to be
enforced by the local agency to buildings and structures containing one or more airspace lots as defined
in this code so as to treat the entirety of such buildings or structures as if they were on or within a single
lot, provided:
Attachment 6ATTACHMENT 12
Attachment 7ATTACHMENT 13
12.23.010
12.23.020
12.23.030
12.23.040
12.23.050
12.23.060
Chapter 12.23
CREEKS, TRIBUTARIES AND RIPARIAN CORRIDOR REGULATIONS
Sections:
Purpose and scope.
Regulated areas.
Prohibited activities and conditions.
Inspection and enforcement.
Appeals.
No liability upon the city.
12.23.010 Purpose and scope.
A. This chapter shall govern all regulated areas, as defined herein, within the jurisdictional limits of the city of San
Luis Obispo, whether located on public or private property.
B. The public health, safety, and welfare, as well as the city’s ability to comply with its statutory, regulatory and
permitting obligations with respect to the protection of its creeks, tributaries, riparian corridors and associated
natural resources, require that the city adopt and enforce comprehensive regulations specifically prohibiting
deleterious activities within these areas, whether located on public or private property.
C. The purpose of this chapter is to establish clear and direct requirements for the inspection and maintenance
of the areas governed by this chapter and to authorize city enforcement of violations of the provisions of this
chapter by individuals engaging in prohibited activity and/or property owners permitting prohibited activities or
conditions to occur or be maintained on their properties. (Ord. 1541 § 1 (part), 2010)
12.23.020 Regulated areas.
Regulated areas subject to the requirements and prohibitions of this chapter include the following areas within
the city limits:
A. Creeks including San Luis Obispo Creek and its tributaries and any other “Water of the United States,” as
defined in 40 CFR 122.2, including all surface watercourses and waterbodies, natural waterways and definite
channels and depressions in the earth, or such sections or connections of such waters that have been lined with
concrete, covered or channelized in the past, that may carry water, even though such waterways may only carry
water during rains and storms and may not carry surface water at and during all times and seasons.
B. Riparian areas, which include the area between a stream or other body of water and the adjacent upland
identified by soil characteristics and distinctive vegetation and wetlands and those portions of floodplains and
ATTACHMENT 14
valley bottoms that support riparian vegetation (herbaceous plants, shrubs, and trees which are naturally
associated with stream side environments, and with roots and branches extending in or over a creek channel).
C. Other portions of city-owned properties adjacent to or including riparian areas as defined in subsection B of
this section. (Ord. 1541 § 1 (part), 2010)
12.23.030 Prohibited activities and conditions.
It shall be unlawful and a violation of this chapter for any person to engage in or maintain, or for any property
owner to allow or maintain, any of the following activities or conditions in regulated areas:
A. Collecting, gathering, or disturbance of any natural or cultural resources, except for pruning, removal of
materials or any other activities authorized under appropriate permits from state and/or federal agencies or in
conjunction with permitted city-sponsored activities.
B. Staying or camping overnight.
C. Entering into or remaining within regulated areas that are open to the public between one hour after sunset
and one hour before sunrise of the following day without approval from the city manager or his or her designee.
D. Entering into or remaining within property to which public access is prohibited or restricted.
E. Driving or otherwise operating a vehicle, except as authorized in conjunction with otherwise permitted
activity.
F. Using bicycles in regulated areas not explicitly labeled as areas and/or trails designated for bicycle use.
G. Possessing or consuming alcoholic beverages.
H. Disposing of, depositing, throwing, keeping or accumulating trash, litter, rubbish, rubble, garbage, debris or
other solid waste, dirt, green waste or animal waste.
I. Traveling outside of designated paths.
J. Posting any sign on a tree, tree-stake or guard, or fastening any wire, cable or rope to any tree, tree-stake or
guard unless otherwise authorized by the city.
K. Urinating or defecating.
L. Making any excavation or unauthorized encroachment.
M. Possessing or discharging of weapons, firearms, paintballs, fireworks, or building fires.
N. Any act in a regulated area constituting a violation of any provision of CESA, ESA, the California Public
Resources Code, or any regulation of the California Department of Fish and Game, or of any permit or approval
issued by any federal, state or local agency having jurisdiction over the regulated area shall also be a violation of
this chapter. (Ord. 1541 § 1 (part), 2010)
ATTACHMENT 14
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
Disclaimer: The City Clerk's Office has the official version of the San Luis Obispo Municipal Code. Users should
contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using
one of the following browsers: Google Chrome, Firefox, or Safari.
City Website: www.slocity.org
City Telephone: (805) 781-7100
Code Publishing Company
12.23.040 Inspection and enforcement.
A. Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the director
of parks and recreation has cause to believe that there exists, or potentially exists, in or upon any premises any
condition which constitutes a violation of this chapter, the city manager or his or her designee may enter such
premises during normal business hours to inspect the same, take water samples and/or verify that compliance
with this chapter is occurring. In the event that the owner or occupant refuses entry after a request has been
made, the city is hereby empowered to seek assistance from any court of competent jurisdiction or other state or
federal agency staff with jurisdiction in obtaining such entry.
B. Violation of this chapter shall be a misdemeanor and may be enforced by the filing of a criminal action by the
city attorney or the issuance of an administrative citation in accordance with the provisions of Chapter 1.24 by city
staff authorized by the city manager to issue citations. (Ord. 1541 § 1 (part), 2010)
12.23.050 Appeals.
Any person aggrieved by an act or determination of the staff in exercising the administrative authority herein
granted shall have the right to appeal to the city council in accordance with the provisions of Chapter 1.20. (Ord.
1541 § 1 (part), 2010)
12.23.060 No liability upon the city.
Nothing in this chapter shall be deemed to impose any liability upon the city or upon any of its officers or
employees, nor to relieve the owner or occupant of any private property from the duty to keep property in safe
condition. (Ord. 1541 § 1 (part), 2010)
ATTACHMENT 14
17.70.030 Creek setbacks.
A. Purpose. Creek setbacks are intended to:
1. Protect scenic resources, water quality, and natural creekside habitat, including opportunities for wildlife
habitation, rest, and movement;
2. Further the restoration of damaged or degraded habitat, especially where a continuous riparian habitat
corridor can be established;
3. Allow for natural changes that may occur within the creek corridor;
4. Help avoid damage to development from erosion and flooding; and
5. Enable implementation of adopted city plans.
B. Waterways Subject to Setbacks. Creek setback requirements shall apply to all creeks as defined in the General
Plan Open Space Element and shown on that element’s creek map, and only to those creeks.
C. Measurement of Creek Setbacks. Creek setbacks shall be measured from the existing top of bank (or the future
top of bank resulting from a creek alteration reflected in a plan approved by the city), or from the edge of the
predominant pattern of riparian vegetation, whichever is farther from the creek flow line (Figure 3-1: Creek
Setbacks). Top of bank determination shall be consistent with California Department of Fish and Wildlife where
state or federal jurisdictional areas apply. The director or natural resources manager may determine the
predominant pattern of riparian vegetation, where the edge of the vegetation varies greatly in a short length along
the creek, in a way unrelated to topography (e.g., the director will not base the setback line on individual trees or
branches extending out from the channel or on small gaps in vegetation extending toward the channel). Where
riparian vegetation extends over a public street, no creek setback is required on property which is on the side of
the street away from the creek.
D. Plan Information. The location of top of bank and of riparian vegetation shall be shown on all project plans
subject to city approval. The location of these features is subject to confirmation by the director, based on
observation of actual conditions and, as needed, the conclusions of persons with expertise in hydrology, biology,
or geology.
E. Creek Setback Dimensions. Different setback dimensions are established in recognition of different lot sizes and
locations of existing structures for areas within the city in comparison with areas that may be annexed, and in
response to different sizes of the creek channels and tributary drainage areas.
1. Creeks within the 1996 City Limits. Along all creeks within the city limits as of July 1, 1996, the setback shall
be twenty feet, except as provided in subsections (E)(3), (E)(4), and G of this section. Where the city limit
follows a creek, the setback on the side within the 1996 city limits shall be twenty feet, and the setback on the
annexed side shall be as provided in subsection (E)(2) of this section.
ATTACHMENT 15
2. Creeks in Areas Annexed After 1996. Along any creek in an area annexed to the city after July 1, 1996, the
following setbacks shall be provided, unless a specific plan or development plan approved by the council
provides a larger or smaller setback, consistent with the purpose of these zoning regulations and with general
plan policies:
a. Fifty-Foot Setbacks. The setback along the following shall be fifty feet: San Luis Obispo Creek (all of
main branch); San Luis Obispo Creek East Fork, from San Luis Obispo Creek (main branch) to the
confluence with Acacia Creek; and Stenner Creek.
b. Thirty-Five-Foot Setbacks. The setback along the following shall be thirty-five feet: Prefumo Creek;
Froom Creek; Brizziolari Creek; San Luis Obispo Creek East Fork tributary, from the confluence with Acacia
Creek to Broad Street (Highway 227); Acacia Creek and its tributaries west of Broad Street (Highway 227);
and the segment of the tributary of Acacia Creek which flows generally parallel to and on the easterly side
of Broad Street (Highway 227), from Broad Street to Fuller Road.
c. Twenty-Foot Setbacks. The setback along all creeks except those listed in subsections (E)(2)(a) and
(E)(2)(b) of this section shall be twenty feet. (Informational map is available in the community
development department.)
3. Additional Upper Story Setbacks. Where the zone allows more than two stories, an additional ten-foot step
back (upper story building setback) shall be provided beginning at the third story level. The upper story step
back shall be provided along all building elevations with creek-facing frontage.
4. Larger Setbacks. To mitigate potentially significant environmental impacts in compliance with the California
Environmental Quality Act, or to implement adopted city plans, when approving a discretionary application
the city may require setbacks larger than required by subsections (E)(1) and (E)(2) of this section, or further
limitations on the items which may be placed within setbacks. Also, other city regulations may restrict or
prevent development in a floodway or floodplain.
5. Prior Approvals. Where the city has explicitly approved a creek setback smaller than required by this
section prior to adoption of these regulations, that smaller setback shall remain in effect so long as the
approval is in effect.
F. Improvements Prohibited within Setbacks. The following shall not be placed or constructed within a creek
setback, except as provided in subsection G of this section:
1. Structures larger than one hundred twenty square feet;
2. Paving;
3. Parking lots;
4. Fire pits, barbeques, and other open flames;
5. Mechanical equipment;
6. In nonresidential zones, areas used for storing or working on vehicles, equipment, or materials.
ATTACHMENT 15
G. Exceptions to Creek Setbacks.
1. Replacement Structures. Where a structure lawfully existed on or before October 3, 1996, within a creek
setback required by this section, the provisions of this section shall apply. This part is not intended to allow
replacement of paving that existed on or before October 3, 1996, with new paving or a building, unless a
discretionary approval is obtained in compliance with subsection (G)(4) of this section.
a. Any structure built in replacement of such a structure may occupy the same footprint, within the
creek setback, as the previous structure, without obtaining a discretionary exception. See also Section
17.70.170(D)(1)(b) (Reduced Front or Street Side Setback for New Structure Providing Additional Creek
Setback).
b. Additional floor area shall not be added to the encroaching part of the structure (e.g., by adding
stories).
c. The part of a structure that is nonconforming due solely to the creek setback encroachment may be
remodeled without regard to the limits of Section 17.92.020 (Limits on Reconstruction—Exceptions) of
these zoning regulations.
2. Accessory Structures and Uses. The following items may be located within the required creek setback
without obtaining a discretionary exception unless otherwise noted; provided, that they do not extend beyond
the top of bank into the creek channel; will not cause the removal of native riparian vegetation; will not reduce
any flooding capacity in compliance with the city’s flood damage prevention regulations; in total occupy not
more than one-half of the total required creek setback area; and are consistent with other property
development standards of the zoning regulations.
a. Walls or fences; provided, that in combination with buildings they enclose not more than one-half of
the setback area on any development site.
b. For a single-unit dwelling: uncovered parking spaces.
c. Patios and pervious walkways. However, impervious pedestrian walkways and bicycle paths shall
require a director’s hearing as provided in subsection (G)(4) of this section.
d. Decks, stairs, and landings that are no more than thirty inches in height, as measured from adjacent
existing grade.
e. One-story, detached buildings used as tool and storage sheds, play houses, and similar uses,
provided the projected roof area does not exceed one hundred twenty square feet. No more than one
such building is allowed per parcel.
f. Garden structures such as trellises, arbors, and gazebos, provided they are constructed using an
open lattice design and light-weight materials.
g. Picnic tables and benches.
ATTACHMENT 15
h. Natural flood control and stormwater improvements, including vegetated buffers, bioswales, and rain
gardens.
3. Architectural Features. The following architectural features may extend into the setback up to thirty inches:
cornices, canopies, eaves, buttresses, chimneys, solar collectors, shading louvers, water heaters and related
enclosures, and bay or other projecting windows that do not include usable floor space.
4. Director’s Hearing for Exceptions.
a. Intent. The director, through a director’s hearing, may act to approve an exception to the creek
setback requirements of this section only where the applicant can provide clear and substantiated
evidence that there is no practical way to comply with the provisions and that no other feasible
alternatives will result in better implementation of other zoning regulations or general plan policies while
allowing reasonable use of sites subject to creek setbacks.
b. Application Type. A creek setback smaller than required by this section may be approved by city action
on a plan for public facilities approved by the council or on a specific plan, development plan under
planned development zoning, or land division, use permit, or architectural review. Where one of these
types of applications is not otherwise required for the proposed feature, an exception request shall be in
the form of a director’s hearing.
c. Findings. Each director’s hearing or other discretionary application to grant an exception to a required
creek setback shall be subject to each of the following findings, in addition to any other required findings
associated with the project application under which the request is considered:
i. The location and design of the feature receiving the exception will minimize impacts to scenic
resources, water quality, and riparian habitat, including opportunities for wildlife habitation, rest, and
movement; and
ii. The exception will not limit the city’s design options for providing flood control measures that are
needed to achieve adopted city flood policies; and
iii. The exception will not prevent the implementation of city-adopted plans, nor increase the
adverse environmental effects of implementing such plans; and
iv. There are circumstances applying to the site, such as size, shape, or topography, which do not
apply generally to land in the vicinity with the same zoning, that would deprive the property of
privileges enjoyed by other property in the vicinity with the same zoning; and
v. The exception will not constitute a grant of special privilege—an entitlement inconsistent with the
limitations upon other properties in the vicinity with the same zoning; and
vi. The exception will not be detrimental to the public welfare or injurious to other property in the
area of the project or downstream; and
vii. Site development cannot be feasibly accomplished with a redesign of the project; and
ATTACHMENT 15
viii. Redesign of the project would deny the property owner reasonable use of the property.
“Reasonable use of the property” in the case of new development may include less development than
indicated by zoning. In the case of additional development on an already developed site, “reasonable
development” may mean no additional development considering site constraints and the existing
development’s scale, design, or density.
d. Biological Survey. A biological survey by a qualified, independent person shall be required for each
creek setback exception request to provide the basis for making the required findings above, unless
waived by the director upon determining that no purpose would be served by such a survey because no
biological resources could be affected by the exception.
Figure 3-1. Creek Setbacks
ATTACHMENT 15
(Ord. 1650 § 3 (Exh. B), 2018)
ATTACHMENT 15
The San Luis Obispo Municipal Code is current through Ordinance 1700, passed July 6, 2021.
Disclaimer: The City Clerk's Office has the official version of the San Luis Obispo Municipal Code. Users should
contact the City Clerk's Office for ordinances passed subsequent to the ordinance cited above.
Note: This site does not support Internet Explorer. To view this site, Code Publishing Company recommends using
one of the following browsers: Google Chrome, Firefox, or Safari.
City Website: www.slocity.org
City Telephone: (805) 781-7100
Code Publishing Company
ATTACHMENT 15
ATTACHMENT 16
ATTACHMENT 16
ATTACHMENT 16
1
Mezzapesa, John
From:Jay Johnson <jgjohnson@co.slo.ca.us>
Sent:Monday, May 15, 2017 4:38 PM
To:Mezzapesa, John
Subject:Re: 4080 Horizon Lane
Attachments:SKM_654e17051515320.pdf
John,
I had no recollection of the permit but I did find some information on our microfiche records (see attached). The
land use permit application was for a storage yard not a drainage ditch. [It appears the clerk mis-labeled the
title on the file.] The applicant called the drainage course a "ditch" on the application. The County did not make
(nor would we have made) a determination whether the drainage course was a creek or ditch. On this level of
permit, we would not have discussed drainage flow.
That's about all I have.
Sincerely
Jay Johnson
Senior Planner
San Luis Obispo County
Dept. of Planning & Building
805-781-4573
From: Mezzapesa, John <JMezzapesa@slocity.org>
Sent: Thursday, May 11, 2017 8:09:45 AM
To: Jay Johnson
Subject: 4080 Horizon Lane
Hello Mr. Johnson,
I am currently doing research regarding 4080 Horizon Lane in the City of San Luis Obispo. I believe this
property was annexed into the city around 2008. I have reviewed county permit history through the online
permit viewer and found a permit from 2002 (D020086S) that is titled “open drainage ditch to culvert.” Our
current code enforcement case addresses unpermitted construction within a creek setback on the property.
The current property owner is contesting that the designated creek is, in fact, not a creek but a drainage ditch
and is relying on the above mentioned permit as evidence that it has been determined as such through the
permit’s approval. It looks like you were the assigned planner involved in the review process and was
wondering if you could shed some light on the permit details. Was this permit in fact approved? Were there any
discussion as to the designation of the water flow? Were there any conditions placed on the permit related to
the creek? I know this is a lot to ask for information regarding a 15 year old permit and understand if you have
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2
no information to provide but anything you can supply would be appreciated. Let me know if you have any
questions.
Thank you,
John Mezzapesa
Code Enforcement Officer
Community Development
Building and Safety
919 Palm Street, San Luis Obispo, CA 93401-3668
E jmezzapesa@slocity.org
T 805.781.7179
slocity.org
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1994 Open
Space Element
“Creek Map”
Figure 4
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