The URL can be used to link to this page

Home My WebLink AboutPRR24129 Ewer Code Enf RecordsINSPECTION WORKSHEET (REQ-04285-2019) [Auto]Case Number:Case Module:Permit Management 04/30/2019 FailedInspection Status:Inspection Date: Initial InspectionInspection Type:Inspector:John Mezzapesa Job Address:Parcel Number:2146 Parker St San Luis Obispo, CA 93401 003-721-051 Company Name NameContact Type SQUARE DEAL RECORDINGS & SUPPLIES INC A CA CORP Checklist Item CommentsPassed General Inspection Comments False Attempted inspection. At least eight sea train containers located at the rear of the property were visible from the ROW. The PO was advised of the potential zoning and building violation relating to using the containers as a storage facility. They were also advised of the reported electrical modifications on the interior of the building. The PO requested an inspection be postponed to coordinate with a reinspection from the Fire Department in order to avoid duplication of any observed violations. September 18, 2019 Page 1 of 1 INSPECTION WORKSHEET (CODE-04522-2019) INQR-2019-1338Case Number:Case Module:Permit Management 06/04/2019 FailedInspection Status:Inspection Date: Code ViolationInspection Type:Inspector:John Mezzapesa Job Address:Parcel Number:2146 Parker St San Luis Obispo, CA 93401 003-721-051 Company Name NameContact Type SQUARE DEAL RECORDINGS & SUPPLIES INC A CA CORP Checklist Item CommentsPassed General Inspection Comments False Inspected interior of suite C-1 and the surrounding exterior area with fire inspector JH. Inspection found racks of storage throughout the interior of suit C-1. The top shelf was found to be at 10 ft. Some of the racks were bolted to the ground while other were found to not be bolted down. The unbolted racked were connected to the bolted ones. On the exterior of the property I observed a number of 40-ft shipping containers lined up at the southeast corner of the parcel. The containers along both the east and south property lines had no setback. The representative for the PO advised that the individual shipping containers were being rented out to sperate customers to be used as storage. I advised the representative for the PO that I would look into the specific regulations regarding high pile storage, shipping containers and use of the property. February 10, 2021 Page 1 of 1 1 Mezzapesa, John From:Mezzapesa, John Sent:Monday, June 17, 2019 11:42 AM To: Subject:2146 Parker Attachments:2146 Parker 2019-06-17 NOV.pdf Hello Kjerstin, I wanted to send you a follow up email from my voicemail last week to make sure you received all the pertinent info regarding 2146 Parker. After discussion with the planning and building department we were able to figure out the best direction to go regarding the storage containers on site. Since the property is zoned as C-S, a personal storage facility is an allowed use on site. In order for a storage facility to be established the shipping containers currently used on site will be considered buildings that will need to be permitted as such. I have attached the Notice that I have placed in the mail today outlining the specific violations that will need to be corrected. Essentially, a building permit will be required for the construction of the storage facility utilizing the shipping containers. Alternatively, the storage containers may be removed entirely. The location of the containers are also within the required rear setback for the property which will be resolved via the permit process, if you choose to pursue it. Additionally, the other, more minor issue that came up was regarding the storage racks within the building. According to the building code, any storage racks over 5 feet 9 inches used in a commercial application require building permit to determine the correct anchoring and construction. You will need to address the racks separately from the storage facility issue by coming in and going through the permit process specifically for the racks. Hopefully this email helps clarify any questions, but feel free to contact me if you have any questions or concerns. 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 July 24, 2019 SQUARE DEAL RECORDINGS & SUPPLIES INC c/o RICHARD FERRIS 2146 PARKER ST STE C2 SAN LUIS OBISPO, CA 93401 Dear Mr. Ferris, Our department is in receipt of your letter dated July 10, 2019 in response to the issued Notice of Violation (NOV) regarding the building and zoning violations at 2146 Parker. After discussion among staff and careful consideration of the facts stated in your letter, the determination has been made to uphold all violations listed on the NOV. Although the storage of vehicles and/or trailers outside may have occurred on the property prior to your ownership, no formal approvals to allow outdoor storage were issued. Furthermore, the use of the shipping containers as rented storage space cannot be allowed without first obtaining building and zoning clearance. Shipping containers utilized as storage to the general public are considered buildings as defined in the California Building Code and will require plan submission for review. We request that the necessary submittals be received by August 8, 2019. Failure to correct the violations by the specified date will result in the issuance of an Administrative Citation requiring payment of fines in accordance with SLOMC Chapter 1.24. For Municipal Code violations that remain uncorrected after issuance of an Administrative Citation, the City may seek enforcement by other civil or criminal remedies. We look forward to working with you to resolve these violations and would like to thank you for your efforts to maintain your property and to help preserve the safety and beauty of our community. If you have questions, please contact the undersigned Officer at (805) 781-7179 or jmezzapesa@slocity.org. Sincerely, ____________________________ John Mezzapesa, Code Enforcement Officer II Cc: File 1 Mezzapesa, John From:Mezzapesa, John Sent:Monday, August 19, 2019 4:47 PM To:Square Deal - Jakob Subject:RE: 2146 Parker St, Shelving Permit Jakob, Thanks for staying in contact and letting me know. I will go ahead and extend the compliance date to 8/30/19. Let me know if anything else comes up. Regards, 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 From: Square Deal ‐ Jakob < Sent: Monday, August 19, 2019 1:23 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: 2146 Parker St, Shelving Permit Hi John, I know this project has been delayed already, but Hans was still catching up with the work he was doing for Phillips 66/Unical. His draftsman graduated Poly and left, leaving him a little short staffed. You've been more than fair about this already, but would it be possible to get another extension to end of next week? (8/30/19) I've attached a letter from our engineer with his newest estimate of when the plans will be completed. Thanks, Jakob Ferris 1 Mezzapesa, John From:Mezzapesa, John Sent:Tuesday, September 3, 2019 7:41 AM To:Square Deal - Jakob Subject:RE: Shelving Plans Jakob, I do not have any issues with that. I will check back on 9/9/19. Thanks, 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 From: Square Deal ‐ Jakob < Sent: Friday, August 30, 2019 11:14 AM To: Mezzapesa, John <JMezzape@slocity.org> Subject: Shelving Plans Hi John, I've talked to Hans, the engineer drawing up the plans. They aren't done, but he says he will have them finished over the weekend. Would it be possible to get an extension to the end of next week? Thanks, Jakob 1 Mezzapesa, John From:Jakob < Sent:Monday, December 2, 2019 1:54 PM To:Mezzapesa, John Subject:Re: Shelving Plans Hi John, We recieved the notice, and our engineer is already working on incorporating the changes requested from the plan check comments attached to that notice. I'll be by to pick up the plans tomorrow or the day after. Thanks, Jakob On 2019-12-02 07:54, Mezzapesa, John wrote: Hi Jakob, I just wanted to reach out to you regarding the submittal for storage racks at 2146 Parker. It looks like the review was completed and you were contacted at on 10/29. According to our system no one has come to pick up the plan review comments yet. I just wanted to reach out to you through this email address to make sure you were properly notified. Let me know you got this and that someone will be by to pick up the comments. Thanks, 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 2 From: Square Deal - Jakob < Sent: Friday, September 6, 2019 11:53 AM To: Mezzapesa, John <JMezzape@slocity.org> Subject: Re: Shelving Plans Thanks, Jakob On 2019-09-06 07:47, Mezzapesa, John wrote: Jakob, I have no issue with an extension. As long as you are actively working toward a solution I am happy to work with you on timing. I will plan on checking back three weeks from today on 9/27/19 unless it is resolved sooner than that. Thanks, 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 From: Square Deal - Jakob < Sent: Thursday, September 5, 2019 1:05 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: Re: Shelving Plans 3 Hi John, I've talked to Hans again, and he's having a difficulty finding a way to properly secure the boltless shelving, and would like some more time to work on it. Would it be possible to get another extension. Thanks, Jakob On 2019-09-03 11:39, Square Deal - Jakob wrote: Thanks John, -Jakob On 2019-09-03 07:41, Mezzapesa, John wrote: Jakob, I do not have any issues with that. I will check back on 9/9/19. Thanks, 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 4 From: Square Deal - Jakob < Sent: Friday, August 30, 2019 11:14 AM To: Mezzapesa, John <JMezzape@slocity.org> Subject: Shelving Plans Hi John, I've talked to Hans, the engineer drawing up the plans. They aren't done, but he says he will have them finished over the weekend. Would it be possible to get an extension to the end of next week? Thanks, Jakob 1 Mezzapesa, John From:Mezzapesa, John Sent:Friday, April 17, 2020 5:10 PM To:Jakob Subject:RE: Shelving Plans Hi Jakob, I apologize for not getting back you regarding this issue. I lost your email in the mix amid the COVID-19 response going on. Our department cannot ignore the unpermitted work that has occurred on site. We expect the permitting process to continue or the shelving to be removed to come into compliance. The improperly anchored shelving has the potential to fail and poses a serious life safety issue. If the review process is to stop we would consider moving forward with the issuance of administrative citations as necessary. I also want to remind you of the other violations regarding the unpermitted use of storage containers on site that have yet to be addressed. We have put these on the backburner to allow for the shelving to be addressed first. If the permit review process is abandoned, any issued citations will include all violations on site, including those related to the storage containers. Once a permit is issued for the shelving we would expect movement toward compliance regarding the storage containers. All that being said, we have postponed the issuance of all code enforcement citations until the State, and our area in particular, has recovered from the effect of the COVID-19 crisis. This allows you a little more time to address these issues before we will consider moving forward with citations. If you have any questions please let me know. Regards, 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 From: Jakob <jakob@sdrs.biz> Sent: Tuesday, March 10, 2020 3:55 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: Re: Shelving Plans 2 Hey John, I talked with Rick, and he'd like me to bring something up. We are moving out of this location and back into 150 Pismo/303 Higuera in about six months. Given that he feels like it would be a waste to spend the time, money and effort modifying the shelving we are just going to be tearing out a little later this year. Would it be possible to get this code action deferred until later this year (when it will be a moot point), and save everyone envolved the time and energy required to push these changes through? Thanks, Jakob On 2020-03-06 10:56, Jakob wrote: Hey John, I dropped the ball on that. I'll talk with Hans and get the changes made and resubmitted within the next couple weeks. Thanks, Jakob On 2020-03-04 11:39, Mezzapesa, John wrote: Hello Jakob, Following up on the plans for the storage rack at 2146 Parker. According to our records it has been over 120 days since the first plan review was completed and 90 days since the plan check comments were picked up at the counter. Please let me know when a resubmittal can be expected. If a resubmittal is not received in a reasonable amount of time, the code case may move forward with formal enforcement action. Thank you, John Mezzapesa Code Enforcement Officer 3 Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 slocity.org From: Jakob < Sent: Monday, December 2, 2019 1:54 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: Re: Shelving Plans Hi John, We recieved the notice, and our engineer is already working on incorporating the changes requested from the plan check comments attached to that notice. I'll be by to pick up the plans tomorrow or the day after. Thanks, Jakob On 2019-12-02 07:54, Mezzapesa, John wrote: Hi Jakob, I just wanted to reach out to you regarding the submittal for storage racks at 2146 Parker. It looks like the review was completed and you were contacted at on 10/29. According to our system no one has come to pick up the plan review comments yet. I just wanted to reach out to you through this email address to make sure you were properly notified. Let me know you got this and that someone will be by to pick up the comments. Thanks, John Mezzapesa Code Enforcement Officer 4 Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 slocity.org From: Square Deal - Jakob < Sent: Friday, September 6, 2019 11:53 AM To: Mezzapesa, John <JMezzape@slocity.org> Subject: Re: Shelving Plans Thanks, Jakob On 2019-09-06 07:47, Mezzapesa, John wrote: Jakob, I have no issue with an extension. As long as you are actively working toward a solution I am happy to work with you on timing. I will plan on checking back three weeks from today on 9/27/19 unless it is resolved sooner than that. Thanks, John Mezzapesa Code Enforcement Officer Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org 5 T 805.781.7179 slocity.org From: Square Deal - Jakob < Sent: Thursday, September 5, 2019 1:05 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: Re: Shelving Plans Hi John, I've talked to Hans again, and he's having a difficulty finding a way to properly secure the boltless shelving, and would like some more time to work on it. Would it be possible to get another extension. Thanks, Jakob On 2019-09-03 11:39, Square Deal - Jakob wrote: Thanks John, -Jakob On 2019-09-03 07:41, Mezzapesa, John wrote: Jakob, I do not have any issues with that. I will check back on 9/9/19. Thanks, John Mezzapesa Code Enforcement Officer 6 Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 slocity.org From: Square Deal - Jakob < Sent: Friday, August 30, 2019 11:14 AM To: Mezzapesa, John <JMezzape@slocity.org> Subject: Shelving Plans Hi John, I've talked to Hans, the engineer drawing up the plans. They aren't done, but he says he will have them finished over the weekend. Would it be possible to get an extension to the end of next week? Thanks, Jakob 1 Harris, Andrew From: Sent:Monday, October 26, 2020 4:15 PM To:CityClerk Subject:Administrative Appeal Citation 22649 Attachments:APPEAL_10262020.pdf Follow Up Flag:Follow up Flag Status:Flagged City Clerk, Attached is the appeal for citation 22649. Shane Kramer Attorney for Square Deal Recordings and Supplies, Inc. Rev.9/2020 Administrative Citation Appeal Form This request to appeal must be received by the City Clerk within 10 days of date of the citation to be considered timely filed. Please submit any supporting documents or photos with this form. 1. Apperrant. Mr./Mrs./Ms. Name Square Deal Recordings and Supplies, lnc. Phone 905-541-2646 ,,,",, D.O. Box14259MailingAddressI City San Luis Obispo state CA 7ip code 93406 lf Applicable) Business Name Business License # 2. lnterest in Citation. (Place X in front of selection) A. Charged personally 8. Charged as the La Acting as the legally authorized Agent owner of the property of the cited business or homeowner 3. Administrative citation. Date of citation 1 0- 15'20 citation Number 22649 Address of property cited or location where an individual was cited: citation Address 2146 Parker Street San Luis Obispo state CA code 93406 M unicipal code section(s) violated:15.02.010 & 17.36.020 Code violation(s) being appealed:15.02.010 & 17 .36.020 4. Reason for appeal. Give a brief statement of why you are appealing and why the notice of violation/administrative citation should be revoked, modified or otherwise set aside. The AMOUNT of the fine cannot be reduced on appeal. Attach additional sheets as necessary. Any documents or photos you wish to submit in support of your appeal should be included with this form. (number of sheets attached _) Appealing 15.02,010 regarding permit requirement for shipping containers on property and 17 .36.020 regard i ng setback requ i rements, only. Questions about this form or the appeal process? Contact the City Attorney's Office at Room 10, City Hall (990 Palm Street) or (805)781-7140 5. Administrative Citation Appeal Form Questions about this form or the appeal process? Contact the City Attorney's Office at Room 10, City Hall (990 Palm Street) or (805)781-7140 Election of Appeal Process. Note: All Administrotive Citotions written for violotion of Title 15 of the Municipal Code (building ond related codes), even if other code violations are also cited, will be automaticolly heord by the Construction Boord of Appeals. Election of Hearing Officer review is not valid and your check for $287 must occompony this oppeolform. For Administrative Citations that do not charge a violation of Title 15, you must make a choice of an appeal process. (1) At no charge, you may choose an expedited, less formal appeal process of review by a Hearins Officer, whose final decision may be appealed directly to the superior court for de novo review pursuant to Government Code Section 53069.4. (2) However, if you wish to retain your right to challenge the Administrative Citation, or any final city action related to the citation, in court by any writ action, you must appeal to the Administrative Review Board for a more formal, comprehensive hearing to ensure preparation of an adequate administrative record, and pay an appealfee of 5281. Only one appeal process may be chosen, and once chosen, the election is final. Failure to make a selection will result in the appeal being assigned to a Hearing Officer for review and will constitute a failure to exhaust administrative remedies for purposes of any subsequently fited writ action. have read the above and choose: (Place X in front of selection) X 4. My administrative citation includes a Title 15 violation requiring review by the Construction Board of Appeals. My check for $Zgt is enclosed B. More formal appeal to Administrative Review Board. My check for 5281 is enclosed. C. Expedited appeal to Hearins Officer Election to forego an in-person hearing. It is your right under San Luis Obispo Municipal Code Section L.24, no matter which appeal process is chosen, to have an in-person hearing. lf you choose, you may forego this right and have your appeal reviewed on the record, which will include all documents you submit and allthose provided by the City. By checking this box I am indicating ! do not want an in-person nearingf 7. Truth of Appeal. I declare under penalty of perjury that all of the facts stated in this appeal are true and that this appeal form was signed on' 10-26-2020 at Date lf different from the address in Paragraph 1, the official mailing address to receive further notices from City relating to the appeal is: StregtAddress- , , City€ru""iL-- b" Signature of Appellant San Luis Obispo CA City State Zip Square Deal Recordings and Supplies, lnc. Print name of Appellant Email to: cityclerk@slocity.org or Mail/Deliver in person to: 9t fa:a., art--t-r^ i:t,liaa ltrtn Er^16 ca c-- ! ..:^ AL:a-^ F/^ ttar'r.a Construction Board of Appeals Agenda Report Meeting Date: 04/26/2021 Item Number: 3 DATE: March 31, 2021 FROM: Rodger Maggio, Fire Marshal/Chief Building Official Prepared By: John Mezzapesa, Code Enforcement Officer II SUBJECT: Appeal of Administrative Citation for Required Permits for Storage Containers and minimum setback requirements. RECOMMENDATION Staff recommends Citation #22649 dated October 15, 2020 issued to Square Deal Recordings and Supplies INC be upheld.921462146 DISCUSSION 40’ Storage containers stored onsite without obtaining required building permit(s) within the 5’ setback. Background 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 1). 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 2) The City’s adopted codes 15.02.010 (Attachment 3) 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 t o be done, shall first make application to the building official and obtain the required permit.” (Attachment 4) 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 5). 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 6) As described in CA Building Code § 104.1 (Attachment 7), 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 City of San Luis Obispo, Title, Subtitle and fall under the City’s adopted codes. Further, the containers are not categorized as work exempt from obtaining a permit. (Attachment 4) Zoning Regulations for the Service Commercial Zone (C-S) (SLOMC § 17.36) states the following: No setback unless adjacent to zone with minimum setback requirement, in which case the adjoining setback shall be provided in zone of adjacent lot. Lots separated by streets or other rights-of-way are not considered adjacent. If more than one zone is adjacent, the largest setback shall be required.” (Attachment 8) The subject property has numerous shipping containers stored on site utilized for storage. Each container is approximately 40 feet long and 8 feet wide, with a square footage of approximately 320 sq feet. At the time of inspection, several containers were placed at the rear of the property, along the property line. As the subject property is adjacent to a Medium-Density Residential (R-2) Zone, that has a minimum setback requirement of five feet per SLOMC § 17.18.020 (Attachment 9), it has the same setback requirement of five feet. Enforcement Activity On April 17, 2019 Code Enforcement staff was contacted by San Luis Obispo Fire Marshall, R. Maggio regarding concerns discovered during a routine business inspection performed by Fire Department inspection staff (Attachment 10). Fire Department staff described potential violations involving unpermitted electrical, shelving and use of metal shipping containers utilized as rented personal storage. A preliminary inspection from the public right of way was conducted by Code Enforcement Staff on April 25, 2019. The inspection confirmed the presence of multiple shipping containers on site. Photographic evidence of observations was documented (Attachment 11) Code Enforcement staff visited the subject property again on April 30, 2019. Contact was made with a business representative regarding the reported violations. Numerous shipping containers were observed at the rear of the property. The business representative was advised of the potential zoning and building violations relating to using the shipping containers as a storage facility. They were also advised of the reported electrical and shelving modifications on the interior of the building. The representative requested an inspection be postponed and to coordinate a reinspection from the Fire Department in order to avoid duplication of any observed violations. Inspection record for this site visit is included with this report (Attachment 12). An inspection of the property occurred on June 4, 2019 with the permission of the representative of the Property Owner (PO). The inspection was scheduled to coincide with a Fire Department business reinspection of the property. The representative accompanied staff on the interior and exterior areas of the property. The inspection took place on the interior of suite C-1 and the surrounding exterior area. The inspection found racks of storage throughout the interior of suite C-1. The top shelf was 10 feet above the floor. Some of the racks were bolted to the ground while others not. The unbolted racks were connected to the bolted ones. On the exterior of the property approximately twenty-five 40-ft shipping containers lined up at the southeast corner of the parcel were observed. The containers along both the City of San Luis Obispo, Title, Subtitle east and south property lines had no setback from the property lines. The representative for the PO advised that the individual shipping containers were being rented out to separate customers to be used as storage. I advised the representative for the PO that I would look into the specific regulations regarding high pile storage, shipping containers and use of the property. Inspection record for this site visit is included with this report (Attachment 13). Subsequently, Code Enforcement Staff was able to locate a website in which the observed shipping containers were offered as a self-storage facility for the general public. Screen shots of this website were saved and are included in this report (Attachment 14). A Notice of Violation (NOV) was issued on June 17, 2019 for violations of California Building Code § 105.1 and the San Luis Obispo Municipal Code § 17.36.020 (Attachment 15). Specifically, the installation of storage racks on the interior and utilization of the shipping containers over 120 square feet as an S-1 Storage occupancy were found to violate CBC § 105.1. Additionally, the shipping containers were found to be placed within the required rear and side setbacks for the property in violation of SLOMC § 17.36.020. The NOV was sent to the subject property and the address on file for the property owner via first class mail. An email was sent to the representative for the property owner advising of the violations and necessary corrective actions (Attachment 16). Code Enforcement Staff received a response letter from the property owner on July 15, 2019 (Attachment 17). This letter advised that a permit submittal would be prepared for the shelving racks and contested the requirement for building permits and setbacks related to the shipping containers. The letter was not considered as a formal request for director’s review as it was not received within the five-day appeal period. Code Enforcement Staff responded with a letter on July 24, 2019 (Attachment 18) advising that the violations remain. Code Enforcement Staff postponed the issuance of citations to allow for the submittal and review of plans to address the unpermitted storage racks. Several extensions were granted to allow for the plans to be drawn up by a licensed design professional. Plans were submitted on September 27, 2019 addressing the storage racks only. Due to the COVID-19 health crisis and the shift to provide outreach and education to the community, all citations were temporarily placed on hold. A representative for the property reached out to Code Enforcement staff via email on March 10, 2020 requesting deferral of code enforcement action. Code Enforcement staff responded on April 17, 2020 advising of the temporary postponement of citations and reminded the representative of the additional violations on site yet to be addressed regarding the shipping containers. This email correspondence is included with this report (Attachment 19). On October 15, 2020 Code Enforcement Staff determined that no follow up to the building plan submittal regarding the shelving had occurred in approximately one year. Additionally, no attempt to bring the shipping containers into compliance had occurred. Based on the continued violations of the CA Building Code and SLO Municipal Code administrative citation no. 22649 (Attachment 20) for $300.00 was issued on October 15, 2020. An appeal for administrative citation no. 22649 was received by the City Attorney’s office on October 27, 2020 (Attachments 21). This appeal was submitted for consideration of violations CBC § 105.1 and SLOMC § 17.36.020 related to the shipping containers only. City of San Luis Obispo, Title, Subtitle 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 and deny the appeal. Attachments: 1. CA Building Code Definitions 2. CA Building Code § 311 3. San Luis Obispo Municipal Code § 15.02.010 4. CA Building Code § 105.1 5. San Luis Obispo City Ordinance #1670 6. San Luis Obispo Municipal Code § 15.04.020 7. CA Building Code § 104.1 8. San Luis Obispo Municipal Code § 17.36 9. San Luis Obispo Municipal Code § 17.18.020 10. April 17, 2019 Email from fire department 11. April 25, 2019 Inspection record 12. April 29, 2019 Inspection record 13. June 04, 2019 Inspection record 14. Website screenshots 15. June 17, 2019 Notice of Violation 16. June 17, 2019 Email to PO 17. July 15, 2019 Letter from PO 18. July 24, 2019 Response to PO 19. April 17, 2020 Email Correspondence 20. October 15, 2020 First Administrative Citation – Declaration of Service Packet 21. October 27, 2020 Citation Appeal Attachment 1 Attachment 2 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) 15.02.010 Adoption of codes | San Luis Obispo Municipal Code Page 1 of 1 The San Luis Obispo Municipal Code is current through Ordinance 1690, and legislation passed through December 1, 2020. Attachment 3 Attachment 4 Attachment 4 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 5 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 0 1670 l Ordinance No. 1670 (2019 Series) Page 3 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) ofthe 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 0 1670 Ordinance No. 1670 (2019 Series) Page4 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 0 1670 Ordinance No. 1670 (2019 Series) Page 5 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 0 1670 Ordinance No. 1670 (2019 Series) Page 6 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 0 1670 Ordinance No. 1670 (2019 Series) Page 7 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. 0 1670 Ordinance No. 1670 (2019 Series) Page 8 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 0 1670 Ordinance No. 1670 (2019 Series) Page 9 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 0 1670 Ordinance No. 1670 (2019 Series) Page 10 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. 0 1670 Ordinance No. 1670 (2019 Series) Page 11 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 : 0 1670 Ordinance No. 1670 (2019 Series) Page 12 113.1 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 0 1670 Ordinance No. 1670 (2019 Series) Page 13 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. 0 1670 Ordinance No. 1670 (2019 Series) Page 14 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 0 1670 Ordinance No. 1670 (2019 Series) Page 15 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 0 1670 Ordinance No. 1670 (2019 Series) Page 16 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 01670 Ordinance No. 1670 (2019 Series) Page 17 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. 0 1670 Ordinance No. 1670 (2019 Series) Page 18 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. 0 1670 Ordinance No. 1670 (2019 Series) Page 19 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. 0 1670 Ordinance No. 1670 (2019 Series) Page 20 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. 0 1670 j Ordinance No. 1670 (2019 Series) Page 21 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 0 1670 Ordinance No. 1670 (2019 Series) Page 22 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 of rock, sand, gravel, aggregate, or clay controlled by other regulations, provided such operations do 0 1670 Ordinance No. 1670 (2019 Series) Page 23 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 0 1670 Ordinance No. 1670 (2019 Series) Page 24 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 01670 Ordinance No. 1670 (2019 Series) Page 25 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 ofthis 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. 0 1670 Ordinance No. 1670 (2019 Series) Page 26 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. 0 1670 Ordinance No. 1670 (2019 Series) Page 27 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. 0 1670 Ordinance No. 1670 (2019 Series) Page 28 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 0 1670 Ordinance No. 1670 (2019 Series) Page 29 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 ofthe 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 ofthis 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; 01670 Ordinance No. 1670 (2019 Series) Page 30 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. 0 1670 Ordinance No. 1670 (2019 Series) Page 31 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. 0 1670 Ordinance No. 1670 (2019 Series) Page 32 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 0 1670 Ordinance No. 1670 (2019 Series) Page 33 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. 01670 Ordinance No. 1670 (2019 Series) Page 34 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. 0 1670 Ordinance No. 1670 (2019 Series) Page 35 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 ofdemolition 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. 0 1670 Ordinance No. 1670 (2019 Series) Page 36 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. 01670 Ordinance No. 1670 (2019 Series) Page 37 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". 0 1670 Ordinance No. 1670 (2019 Series) Page 38 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. 0 1670 Ordinance No. 1670 (2019 Series) Page 39 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 0 1670 Ordinance No. 1670 (2019 Series) Page 40 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. 0 1670 Ordinance No. 1670 (2019 Series) Page 41 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. 0 1670 Ordinance No. 1670 (2019 Series) Page 42 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: 0 1670 Ordinance No. 1670 (2019 Series) Page 43 903.2 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 0 1670 Ordinance No. 1670 (2019 Series) Page 44 903.2.22 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. 0 1670 Ordinance No. 1670 (2019 Series) Page 45 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. 0 1670 Ordinance No. 1670 (2019 Series) Page 46 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. 0 1670 Ordinance No. 1670 (2019 Series) Page 47 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 0 1670 Ordinance No. 1670 (2019 Series) Page 48 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 0 1670 Ordinance No. 1670 (2019 Series) Page 49 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. 0 1670 Ordinance No. 1670 (2019 Series) Page 50 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 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 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 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 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 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: 15.04.020 Amendments—California Building Code | San Luis Obispo Municipal Code Page 1 of 20 The San Luis Obispo Municipal Code is current through Ordinance 1690, and legislation passed through December 1, 2020. Attachment 6 Attachment 7 17.36.010 17.36.020 17.36.030 Chapter 17.36 SERVICE COMMERCIAL (C-S) ZONE Sections: Purpose and application. Development standards. Additional regulations. 17.36.010 Purpose and application. The C-S zone is intended to provide for a wide range of service and manufacturing uses to meet local needs and some demands of the region, including services, limited retail, and other business service uses that may be less appropriate in the city’s other commercial zones. The C-S zone is also intended to accommodate certain storage, transportation, wholesaling, and light manufacturing uses. The C-S zone is intended to be applied primarily to areas that have more public exposure on arterial streets than areas reserved for manufacturing uses. (Ord. 1650 §3 (Exh. B), 2018) 17.36.020 Development standards. The general property development standards for the C-S zone shall be as set forth in Table 2-20: C-S Zone Development Standards. See also Section 16.18.030 (Lot Dimensions) for minimum lot dimensions. Table 2-20: C-S Zone Development Standards Development Standard C-S Zone Additional Regulations Maximum Residential Density 24 units/net acre See also Section 17.70.040 (Density) Minimum Setbacks Front Where no building adjoins, 5 feet (requirement for parking lots and signs) Buildings ≤ 20 feet in height: 10 feet Buildings > 20 feet in height: 15 feet Interior Side and Rear No setback unless adjacent to zone with minimum setback requirement, in which case the adjoining setback shall be as provided in zone of adjacent lot. Ch. 17.36 Service Commercial (C-S) Zone | San Luis Obispo Municipal Code Page 1 of 3 The San Luis Obispo Municipal Code is current through Ordinance 1690, and legislation passed through December 1, 2020. Attachment 8 Table 2-20: C-S Zone Development Standards Development Standard C-S Zone Additional Regulations Lots separated by streets or other rights-of-way are not considered adjacent. If more than one zone is adjacent, the largest setback shall be required Corner Lot—Street Side Where no building adjoins, 5 feet (requirement for parking lots and signs) Buildings ≤ 20 feet in height: 10 feet Buildings > 20 feet in height: 15 feet Maximum Building Height 35 feet See also Section 17.70.080 (Height Measurement and Exceptions) Maximum Lot Coverage 75% See also Section 17.70.120 (Lot Coverage) Maximum Floor Area Ratio 1.5 See also Section 17.70.060 (FAR Measurement and Exceptions) Minimum Lot Area 9,000 square feet See also Section 16.18.030 (Lot Dimensions) Edge Condition Requirements See Section 17.70.050 (Edge Conditions) (Ord. 1650 § 3 (Exh. B), 2018) 17.36.030 Additional regulations. A.Maximum Retail Building Size in the C-S Zone. No retail establishment (commercial building) shall exceed sixty thousand square feet of gross floor area, unless excepted for nonconforming structures per Chapter 17.92 (Nonconforming Structures). B.Offices in the C-S Zone. The approval of an office facility in the C-S zone shall require that the review authority find that: 1.The project will be compatible with existing and allowed land uses in the area; and 2.The project will not preclude industrial or service commercial uses in areas especially suited for these uses when compared with offices. Ch. 17.36 Service Commercial (C-S) Zone | San Luis Obispo Municipal Code Page 2 of 3 The San Luis Obispo Municipal Code is current through Ordinance 1690, and legislation passed through December 1, 2020. Attachment 8 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 C.Medical Services in the C-S Zone. The approval of a medical office, dental office, or clinic in the C-S zone shall require that the review authority find that: 1.The proposed medical service is compatible with surrounding land uses; 2.The proposed medical service is located along a street designated as an arterial or commercial collector in the circulation element; and 3.The project will not preclude service commercial uses in areas especially suited for these uses when compared with medical services. D.Commercial Recreational in the C-S Zone. The approval of a commercial recreational facility in the C-S zone shall require that the review authority to find that: 1.The proposed use will serve the community, in whole or in significant part; 2.The project will be compatible with existing and allowed land uses in the area; and 3.The project will not preclude other industrial or service commercial uses in areas especially suited for these uses when compared with recreational facilities. (Ord. 1650 § 3 (Exh. B), 2018) Ch. 17.36 Service Commercial (C-S) Zone | San Luis Obispo Municipal Code Page 3 of 3 The San Luis Obispo Municipal Code is current through Ordinance 1690, and legislation passed through December 1, 2020. Attachment 8 17.18.020 Development standards. A.General Development Standards. The general property development standards for the R-2 zone shall be as set forth in Table 2-6: R-2 Zone Development Standards. See also Section 16.18.030 (Lot Dimensions) for minimum lot dimensions. Table 2-6: R-2 Zone Development Standards Development Standard R-2 Zone Additional Regulations Maximum Residential Density 12 units/net acre See also Section 17.70.040 (Density). Regardless of the density calculation, at least two density units shall be allowed on each parcel; except this shall not apply to common interest subdivisions Minimum Setbacks Front 20 feet See also Section 17.76.030 (Front Yard Paving) Interior Side and Rear See Section 17.18.020(B), Table 2-7: R-2 Zone Minimum Interior Side and Rear Setbacks Corner Lot—Street Side 10 feet. See Figure 2-3: Street Side Setback on Corner Lots Maximum Building Height 35 feet See also Sections 17.18.020(B) (Interior Side and Rear Setback Standards) and 17.70.080 (Height Measurement and Exceptions) Maximum Lot Coverage 50% See also Section 17.70.120 (Lot Coverage) Minimum Lot Area 5,000 square feet See also Section 16.18.030 (Lot Dimensions) Figure 2-3. Street Side Setback on Corner Lots 17.18.020 Development standards | San Luis Obispo Municipal Code Page 1 of 3 The San Luis Obispo Municipal Code is current through Ordinance 1690, and legislation passed through December 1, 2020. Attachment 9 B.Interior Side and Rear Setback Standards. The interior side and rear setback standards for the R-2 zone shall be as set forth in Table 2-7: R-2 Zone Minimum Interior Side and Rear Setbacks. See also Figure 2-4: R-2 Zone Minimum Interior Side and Rear Setbacks and Building Height. Table 2-7: R-2 Zone Minimum Interior Side and Rear Setbacks Maximum Building Height Minimum Required Setback A point this high on the roof of a building: Must be at least this far from the property line: 1—12 feet 5 feet (minimum setback) 13—15 feet 6 feet 16—17 feet 7 feet 18—19 feet 8 feet 20—22 feet 9 feet 23—24 feet 10 feet 25—26 feet 11 feet 27—28 feet 12 feet 29—31 feet 13 feet 32—33 feet 14 feet 34—35 feet 15 feet Figure 2-4. R-2 Zone Minimum Interior Side and Rear Setbacks and Building Height 17.18.020 Development standards | San Luis Obispo Municipal Code Page 2 of 3 The San Luis Obispo Municipal Code is current through Ordinance 1690, and legislation passed through December 1, 2020. Attachment 9 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 (Ord. 1657 § 5, 2019; Ord. 1650 § 3 (Exh. B), 2018) 17.18.020 Development standards | San Luis Obispo Municipal Code Page 3 of 3 The San Luis Obispo Municipal Code is current through Ordinance 1690, and legislation passed through December 1, 2020. Attachment 9 INSPECTION WORKSHEET (REQ-04285-2019) [Auto]Case Number:Case Module:Permit Management 04/30/2019 FailedInspection Status:Inspection Date: Initial InspectionInspection Type:Inspector:John Mezzapesa Job Address:Parcel Number:2146 Parker St San Luis Obispo, CA 93401 003-721-051 Company Name NameContact Type SQUARE DEAL RECORDINGS & SUPPLIES INC A CA CORP Checklist Item CommentsPassed General Inspection Comments False Attempted inspection. At least eight sea train containers located at the rear of the property were visible from the ROW. The PO was advised of the potential zoning and building violation relating to using the containers as a storage facility. They were also advised of the reported electrical modifications on the interior of the building. The PO requested an inspection be postponed to coordinate with a reinspection from the Fire Department in order to avoid duplication of any observed violations. September 18, 2019 Page 1 of 1 Attachment 12 INSPECTION WORKSHEET (CODE-04522-2019) INQR-2019-1338Case Number:Case Module:Permit Management 06/04/2019 FailedInspection Status:Inspection Date: Code ViolationInspection Type:Inspector:John Mezzapesa Job Address:Parcel Number:2146 Parker St San Luis Obispo, CA 93401 003-721-051 Company Name NameContact Type SQUARE DEAL RECORDINGS & SUPPLIES INC A CA CORP Checklist Item CommentsPassed General Inspection Comments False Inspected interior of suite C-1 and the surrounding exterior area with fire inspector JH. Inspection found racks of storage throughout the interior of suit C-1. The top shelf was found to be at 10 ft. Some of the racks were bolted to the ground while other were found to not be bolted down. The unbolted racked were connected to the bolted ones. On the exterior of the property I observed a number of 40-ft shipping containers lined up at the southeast corner of the parcel. The containers along both the east and south property lines had no setback. The representative for the PO advised that the individual shipping containers were being rented out to sperate customers to be used as storage. I advised the representative for the PO that I would look into the specific regulations regarding high pile storage, shipping containers and use of the property. February 10, 2021 Page 1 of 1 Attachment 13 Attachment 14 Attachment 15 Attachment 15 Attachment 15 Attachment 15 Attachment 15 Attachment 15 Attachment 15 Attachment 15 1 Mezzapesa, John From:Mezzapesa, John Sent:Monday, June 17, 2019 11:42 AM To: Subject:2146 Parker Attachments:2146 Parker 2019-06-17 NOV.pdf Hello Kjerstin, I wanted to send you a follow up email from my voicemail last week to make sure you received all the pertinent info regarding 2146 Parker. After discussion with the planning and building department we were able to figure out the best direction to go regarding the storage containers on site. Since the property is zoned as C-S, a personal storage facility is an allowed use on site. In order for a storage facility to be established the shipping containers currently used on site will be considered buildings that will need to be permitted as such. I have attached the Notice that I have placed in the mail today outlining the specific violations that will need to be corrected. Essentially, a building permit will be required for the construction of the storage facility utilizing the shipping containers. Alternatively, the storage containers may be removed entirely. The location of the containers are also within the required rear setback for the property which will be resolved via the permit process, if you choose to pursue it. Additionally, the other, more minor issue that came up was regarding the storage racks within the building. According to the building code, any storage racks over 5 feet 9 inches used in a commercial application require building permit to determine the correct anchoring and construction. You will need to address the racks separately from the storage facility issue by coming in and going through the permit process specifically for the racks. Hopefully this email helps clarify any questions, but feel free to contact me if you have any questions or concerns. 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 Attachment 16 Attachment 17 Attachment 17 Attachment 17 July 24, 2019 SQUARE DEAL RECORDINGS & SUPPLIES INC c/o RICHARD FERRIS 2146 PARKER ST STE C2 SAN LUIS OBISPO, CA 93401 Dear Mr. Ferris, Our department is in receipt of your letter dated July 10, 2019 in response to the issued Notice of Violation (NOV) regarding the building and zoning violations at 2146 Parker. After discussion among staff and careful consideration of the facts stated in your letter, the determination has been made to uphold all violations listed on the NOV. Although the storage of vehicles and/or trailers outside may have occurred on the property prior to your ownership, no formal approvals to allow outdoor storage were issued. Furthermore, the use of the shipping containers as rented storage space cannot be allowed without first obtaining building and zoning clearance. Shipping containers utilized as storage to the general public are considered buildings as defined in the California Building Code and will require plan submission for review. We request that the necessary submittals be received by August 8, 2019. Failure to correct the violations by the specified date will result in the issuance of an Administrative Citation requiring payment of fines in accordance with SLOMC Chapter 1.24. For Municipal Code violations that remain uncorrected after issuance of an Administrative Citation, the City may seek enforcement by other civil or criminal remedies. We look forward to working with you to resolve these violations and would like to thank you for your efforts to maintain your property and to help preserve the safety and beauty of our community. If you have questions, please contact the undersigned Officer at (805) 781-7179 or jmezzapesa@slocity.org. Sincerely, ____________________________ John Mezzapesa, Code Enforcement Officer II Cc: File Attachment 18 1 Mezzapesa, John From:Mezzapesa, John Sent:Friday, April 17, 2020 5:10 PM To:Jakob Subject:RE: Shelving Plans Hi Jakob, I apologize for not getting back you regarding this issue. I lost your email in the mix amid the COVID-19 response going on. Our department cannot ignore the unpermitted work that has occurred on site. We expect the permitting process to continue or the shelving to be removed to come into compliance. The improperly anchored shelving has the potential to fail and poses a serious life safety issue. If the review process is to stop we would consider moving forward with the issuance of administrative citations as necessary. I also want to remind you of the other violations regarding the unpermitted use of storage containers on site that have yet to be addressed. We have put these on the backburner to allow for the shelving to be addressed first. If the permit review process is abandoned, any issued citations will include all violations on site, including those related to the storage containers. Once a permit is issued for the shelving we would expect movement toward compliance regarding the storage containers. All that being said, we have postponed the issuance of all code enforcement citations until the State, and our area in particular, has recovered from the effect of the COVID-19 crisis. This allows you a little more time to address these issues before we will consider moving forward with citations. If you have any questions please let me know. Regards, 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 From: Sent: Tuesday, March 10, 2020 3:55 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: Re: Shelving Plans Attachment 19 2 Hey John, I talked with Rick, and he'd like me to bring something up. We are moving out of this location and back into 150 Pismo/303 Higuera in about six months. Given that he feels like it would be a waste to spend the time, money and effort modifying the shelving we are just going to be tearing out a little later this year. Would it be possible to get this code action deferred until later this year (when it will be a moot point), and save everyone envolved the time and energy required to push these changes through? Thanks, Jakob On 2020-03-06 10:56, Jakob wrote: Hey John, I dropped the ball on that. I'll talk with Hans and get the changes made and resubmitted within the next couple weeks. Thanks, Jakob On 2020-03-04 11:39, Mezzapesa, John wrote: Hello Jakob, Following up on the plans for the storage rack at 2146 Parker. According to our records it has been over 120 days since the first plan review was completed and 90 days since the plan check comments were picked up at the counter. Please let me know when a resubmittal can be expected. If a resubmittal is not received in a reasonable amount of time, the code case may move forward with formal enforcement action. Thank you, John Mezzapesa Code Enforcement Officer Attachment 19 3 Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 slocity.org From: Jakob < Sent: Monday, December 2, 2019 1:54 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: Re: Shelving Plans Hi John, We recieved the notice, and our engineer is already working on incorporating the changes requested from the plan check comments attached to that notice. I'll be by to pick up the plans tomorrow or the day after. Thanks, Jakob On 2019-12-02 07:54, Mezzapesa, John wrote: Hi Jakob, I just wanted to reach out to you regarding the submittal for storage racks at 2146 Parker. It looks like the review was completed and you were contacted at JAKOB@SDRS.BIZ on 10/29. According to our system no one has come to pick up the plan review comments yet. I just wanted to reach out to you through this email address to make sure you were properly notified. Let me know you got this and that someone will be by to pick up the comments. Thanks, John Mezzapesa Code Enforcement Officer Attachment 19 4 Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 slocity.org From: Square Deal - Jakob <administrator@squaredealonline.com> Sent: Friday, September 6, 2019 11:53 AM To: Mezzapesa, John <JMezzape@slocity.org> Subject: Re: Shelving Plans Thanks, Jakob On 2019-09-06 07:47, Mezzapesa, John wrote: Jakob, I have no issue with an extension. As long as you are actively working toward a solution I am happy to work with you on timing. I will plan on checking back three weeks from today on 9/27/19 unless it is resolved sooner than that. Thanks, John Mezzapesa Code Enforcement Officer Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org Attachment 19 5 T 805.781.7179 slocity.org From: Square Deal - Jakob < Sent: Thursday, September 5, 2019 1:05 PM To: Mezzapesa, John <JMezzape@slocity.org> Subject: Re: Shelving Plans Hi John, I've talked to Hans again, and he's having a difficulty finding a way to properly secure the boltless shelving, and would like some more time to work on it. Would it be possible to get another extension. Thanks, Jakob On 2019-09-03 11:39, Square Deal - Jakob wrote: Thanks John, -Jakob On 2019-09-03 07:41, Mezzapesa, John wrote: Jakob, I do not have any issues with that. I will check back on 9/9/19. Thanks, John Mezzapesa Code Enforcement Officer Attachment 19 6 Community Development Building and Safety 919 Palm Street, San Luis Obispo, CA 93401-3668 E jmezzapesa@slocity.org T 805.781.7179 slocity.org From: Square Deal - Jakob < Sent: Friday, August 30, 2019 11:14 AM To: Mezzapesa, John <JMezzape@slocity.org> Subject: Shelving Plans Hi John, I've talked to Hans, the engineer drawing up the plans. They aren't done, but he says he will have them finished over the weekend. Would it be possible to get an extension to the end of next week? Thanks, Jakob Attachment 19 Attachment 20 Attachment 20 Attachment 20 Attachment 20 Attachment 20 Attachment 20 Attachment 20 Attachment 20 1 Harris, Andrew From: Sent:Monday, October 26, 2020 4:15 PM To:CityClerk Subject:Administrative Appeal Citation 22649 Attachments:APPEAL_10262020.pdf Follow Up Flag:Follow up Flag Status:Flagged City Clerk, Attached is the appeal for citation 22649. Shane Kramer Attorney for Square Deal Recordings and Supplies, Inc. Attachment 21 Rev.9/2020 Administrative Citation Appeal Form This request to appeal must be received by the City Clerk within 10 days of date of the citation to be considered timely filed. Please submit any supporting documents or photos with this form. 1. Apperrant. Mr./Mrs./Ms. Name Square Deal Recordings and Supplies, lnc. Phone 905-541-2646 ,,,",, D.O. Box14259MailingAddressI City San Luis Obispo state CA 7ip code 93406 lf Applicable) Business Name Business License # 2. lnterest in Citation. (Place X in front of selection) A. Charged personally 8. Charged as the La Acting as the legally authorized Agent owner of the property of the cited business or homeowner 3. Administrative citation. Date of citation 1 0- 15'20 citation Number 22649 Address of property cited or location where an individual was cited: citation Address 2146 Parker Street San Luis Obispo state CA code 93406 M unicipal code section(s) violated:15.02.010 & 17.36.020 Code violation(s) being appealed:15.02.010 & 17 .36.020 4. Reason for appeal. Give a brief statement of why you are appealing and why the notice of violation/administrative citation should be revoked, modified or otherwise set aside. The AMOUNT of the fine cannot be reduced on appeal. Attach additional sheets as necessary. Any documents or photos you wish to submit in support of your appeal should be included with this form. (number of sheets attached _) Appealing 15.02,010 regarding permit requirement for shipping containers on property and 17 .36.020 regard i ng setback requ i rements, only. Questions about this form or the appeal process? Contact the City Attorney's Office at Room 10, City Hall (990 Palm Street) or (805)781-7140 Attachment 21 5. Administrative Citation Appeal Form Questions about this form or the appeal process? Contact the City Attorney's Office at Room 10, City Hall (990 Palm Street) or (805)781-7140 Election of Appeal Process. Note: All Administrotive Citotions written for violotion of Title 15 of the Municipal Code (building ond related codes), even if other code violations are also cited, will be automaticolly heord by the Construction Boord of Appeals. Election of Hearing Officer review is not valid and your check for $287 must occompony this oppeolform. For Administrative Citations that do not charge a violation of Title 15, you must make a choice of an appeal process. (1) At no charge, you may choose an expedited, less formal appeal process of review by a Hearins Officer, whose final decision may be appealed directly to the superior court for de novo review pursuant to Government Code Section 53069.4. (2) However, if you wish to retain your right to challenge the Administrative Citation, or any final city action related to the citation, in court by any writ action, you must appeal to the Administrative Review Board for a more formal, comprehensive hearing to ensure preparation of an adequate administrative record, and pay an appealfee of 5281. Only one appeal process may be chosen, and once chosen, the election is final. Failure to make a selection will result in the appeal being assigned to a Hearing Officer for review and will constitute a failure to exhaust administrative remedies for purposes of any subsequently fited writ action. have read the above and choose: (Place X in front of selection) X 4. My administrative citation includes a Title 15 violation requiring review by the Construction Board of Appeals. My check for $Zgt is enclosed B. More formal appeal to Administrative Review Board. My check for 5281 is enclosed. C. Expedited appeal to Hearins Officer Election to forego an in-person hearing. It is your right under San Luis Obispo Municipal Code Section L.24, no matter which appeal process is chosen, to have an in-person hearing. lf you choose, you may forego this right and have your appeal reviewed on the record, which will include all documents you submit and allthose provided by the City. By checking this box I am indicating ! do not want an in-person nearingf 7. Truth of Appeal. I declare under penalty of perjury that all of the facts stated in this appeal are true and that this appeal form was signed on' 10-26-2020 at Date lf different from the address in Paragraph 1, the official mailing address to receive further notices from City relating to the appeal is: StregtAddress- , , City€ru""iL-- b" Signature of Appellant San Luis Obispo CA City State Zip Square Deal Recordings and Supplies, lnc. Print name of Appellant Email to: cityclerk@slocity.org or Mail/Deliver in person to: 9t fa:a., art--t-r^ i:t,liaa ltrtn Er^16 ca c-- ! ..:^ AL:a-^ F/^ ttar'r.a Attachment 21 RESOLUTION NO. CBOA 02-21 A RESOLUTION OF THE CONSTRUCTION BOARD OF APPEALS OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, DENYING THE APPEAL OF SHANE KRAMER, ON BEHALF OF SQUARE DEAL RECORDINGS AND SUPPLIES, INC., AND UPHOLDING ADMINISTRATIVE CITATION NO. 22649. WHEREAS, the Construction Board of Appeals of the City of San Luis Obispo conducted a public hearing via teleconference at 1:00 p.m. on April 26, 2021, on the appeal of Shane Kramer of Administrative Citation No. 22649 issued to the Square Deal Recordings and Supplies, Inc. (the Appellant”) on October 15, 2020, for violations of Municipal Code 15.02.010, California Building Code Section 105.1 (Permit Required), and Municipal Code Section 17.36.020 (Service Commercial (C-S) Zone) (“Administrative Citation”); and WHEREAS, notice of said public hearing was made at the time and in the manner required by law; and WHEREAS, Section 1.24.100 of the San Luis Obispo Municipal Code establishes a right to appeal an administrative citation issued by the director; and WHEREAS, the Construction Board of Appeals of the City of San Luis Obispo (the Board”) duly considered all documents and information, including the Administrative Citation; the City’s staff report and accompanying presentation; the Appellant’s appeal; oral argument by the Appellant’s representative; all written or other evidence; and evaluation and recommendations by staff presented at such hearings. NOW, THEREFORE, BE IT RESOLVED by the Construction Board of Appeals of the City of San Luis Obispo as follows: SECTION 1. Findings. The Construction Board of Appeals finds: Resolution No. CBOA 02-21 Page 2 1.The above statements are true. 2.The names of all people participating in the hearing and their capacity: a.Appellant: Square Deal Recordings and Supplies, Inc.; b.Representative of the Appellant: Shane Kramer, attorney (the “Designated Representative”); c.City staff: Mark Amberg, Assistant City Attorney, legal advisor to City Code Enforcement staff; Markie Jorgensen, Assistant City Attorney, legal advisor to the Board; Rodger Maggio, Fire Marshal/Chief Building Official, liaison to the Board; Cassia Cocina, Code Enforcement Supervisor; and John Mezzapesa, Code Enforcement Officer; d.Witnesses (either for or against appellant): none. 3.The hearing was recorded by simultaneous audio and video recording, and such recordings are in the custody of the City Clerk. 4.The Appellant or Designated Representative was present for the public hearings. 5.Pursuant to Municipal Code Section 1.24.110(E), the Board received the Administrative Citation and supporting information (documents, exhibits, or materials prepared by city staff) concerning the Appellant’s violations of San Luis Obispo Municipal Code Sections 17.36.020 and 15.02.010 (for violation of California Building Code Section 105.1) as prima facie evidence of the Appellant’s code violation and of the facts stated in such documents. 6.The following submissions were submitted to the record, including, but not limited to photographs, drawings, and documents: a.City staff report, dated March 31, 2021, and accompanying Attachments 1-21; b.Agenda correspondence from Appellant’s Designated Representative, received April 16, 2021; c.Agenda correspondence from Appellant’s Designated Representative, received April 21, 2021. 7.The Board has decided to uphold the Administrative Citation issued to Appellant for violation of Municipal Code Sections 17.36.020 and 15.02.010 (for violation of California Building Code Section 105.1). Resolution No. CBOA 02-21 Page 3 8.The Board found the following information credible in support of its decision to uphold the Administrative Citation and deny the appeal: a.San Luis Obispo Municipal Code Section 15.02.010 incorporates by reference the California Residential Code and California Building Code into the City’s Municipal Code. b.The 2019 California Building Code defines a “Building” as “Any structure utilized or intended for supporting or sheltering occupancy.” (California Building Code § 202) c.The California Building Code provides 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, 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 performed, shall first make application to the building official and obtain the required permit.” (California Building Code § 105.1.) d.In 2019, pursuant to the interpretive authority reserved for the City’s Chief Building Official in Section 104.1 of the California Building Code, the City amended Section 101.2 of the California Building Code to clarify existing law that shipping or storage containers with a floor area of over 120 square feet are considered structures under the California Building Code, and therefore, require a permit per the California Building Code and by extension, the City’s Municipal Code. e.San Luis Obispo Municipal Code Section 17.36.020, Table 2-20, provides in relevant part that within the Service Commercial Zone there is “no setback unless adjacent to zone with minimum setback requirement, in which case the adjoining setback shall be provided in zone of adjacent lot.” f.Appellant’s property located at 2146 Parker Street, San Luis Obispo, California 93401 (“Property”) is in the Service Commercial Zone adjacent to the Medium- Density Residential Zone, which has a minimum setback of five feet per San Luis Obispo Municipal Code Section 17.18.020. Therefore, Appellant’s Property is subject to an interior side and rear setback of five feet. g.On April 17, 2019, San Luis Obispo Fire Marshal and Chief Building Official, Rodger Maggio, contacted City Code Enforcement staff regarding potential violations of the California Building Code and the City’s Municipal Code relating to unpermitted electrical, shelving, and use of metal shipping containers as rented personal storage on Appellant’s Property. h.On June 4, 2019, City Code Enforcement staff inspected the Property and observed unpermitted interior shelving racks and storage containers on the south and east property lines within the required setback. i.On June 17, 2019, Code Enforcement staff issued a Notice of Violation to the Appellant for violations of San Luis Obispo Municipal Code Sections 17.36.020 Resolution No. CBOA 02-21 Page 4 and 15.02.010 (for violation of California Building Code Section 105.1), specifically for unpermitted installation of shelving racks on the interior of the Property and utilization of shipping containers over 120 square feet as an S-1 Storage occupancy without a permit and within the required rear and side setbacks. j.Code Enforcement Staff postponed the issuance of citations based on the June 4, 2019 inspection to allow Appellant to submit plans to address the identified Municipal Code and California Building Code violations. Appellant submitted permit submittal plans for the shelving racks only on September 27, 2019. k.After a temporary hold on issuance of administrative citations due to the COVID- 19 pandemic and after no attempt by Appellant to bring the shipping containers on the Property into compliance with the Municipal Code and California Building Code, Code Enforcement staff issued Administrative Citation No. 22649 to Appellant on October 15, 2020 for the violations observed on June 4, 2019. l.The City Attorney’s Office received an appeal for Administrative Citation No. 22649 on October 27, 2020 for Appellant’s violations of the Municipal Code and California Building Code related to its use of shipping containers on the Property only. m.The Administrative Citation, together with the attachments contained in the staff report, admitted as prima facie evidence under Paragraph 5 above, demonstrate that the citing Code Enforcement Officer personally observed Appellant’s violations. n.Appellant failed to submit any information that the violations did not occur and failed to submit any credible information that there is a defense to the citation. 9.The due date for payment of the fine shall be thirty (30) days after the date the decision is mailed. SECTION 2. Action: Based on the above findings, documentation, and information submitted in support thereof, the Construction Board of Appeals does hereby deny the appeal of Square Deal Recordings and Supplies, Inc., and upholds the Administrative Citation. Resolution No. CBOA 02-21 Page 5 SECTION 3. Appeal or Review by Writ. This Resolution is the City of San Luis Obispo’s final administrative decision, under Municipal Code Section 1.24.140(A), on the Administrative Citation. A person contesting this decision may do so in either of two ways. First, pursuant to California Government Code Section 53069.4(b)(1), within 20 days after the service of this Resolution, a person contesting this decision may seek review by filing an appeal to be heard by the Superior Court of the County of San Luis Obispo. Alternatively, a person contesting this decision may file a petition for writ with the Superior Court of the County of San Luis Obispo. The time within which the petition must be filed, and the applicable requirements are governed by the California Code of Civil Procedure. Either the appeal or the petition for writ filed with the court must contain proof of service showing a copy of the appeal or petition for writ was served upon the city clerk. The petitioner must pay the superior court the appropriate court filing fee when the appeal or petition is filed. Upon motion of Board Member Vice Chair Eckrich, seconded by Chair Dilworth, and on the following roll call vote: AYES: Board Member Wiedeman, Board Member Graves, Vice Chair Eckrich, and Chair Dilworth NOES: None ABSENT: Board Member Martinez, Board Member Garza RECUSED: Board Member Vessely The foregoing resolution was adopted this 11th day of May 2021. Niel Dilworth, Chairperson Date of Signature Notice and Order February 22, 2024 SQUARE DEAL RECORDINGS & SUPPLIES INC 2146 PARKER ST STE C2 SAN LUIS OBISPO, CA 93401 SUBJECT ADDRESS: 2146 PARKER SAN LUIS OBISPO, CA 93401 APN: 003-721-051 Code Case #: CODE-000455-2019 Dear Property Owner, The City of San Luis Obispo Chief Building Official has determined the following buildings or structures at the above listed address to be dangerous and in need of repair, vacation and/or demolition as noted: 1. The building official has determined that the shipping containers being used as buildings located along the east property line to be unsafe, unlawful, unfit for human occupancy and declared dangerous. Any structure over 120 square feet in which occupancy classification has been identified is required to make application to the building official and obtain the required permit(s). The shipping containers were erected contrary to law and continue to be utilized as storage facilities available to the general public. These structures lack the minimum safeguards to protect or warn occupants in the event of fire, and other essential equipment required by code. Since the issuance of a notice of violation in June of 2019 no substantial progress has been completed to permit the shipping containers. Concurrent applications for planning or building permits or approvals shall not delay the vacation and removal of the identified containers. San Luis Obispo Municipal Code § 15.02.130, International Property Maintenance Code § 111.1.1: Unsafe structures. An unsafe structure is one that is found to be dangerous to the life health, property or safety of the public or the occupants of the structure by not providing minimum safeguards to protect or warn occupants in the event of fire, or because such structure contains unsafe equipment or is so damaged, decayed, dilapidated, structurally unsafe or of such faulty construction or unstable foundation, that partial or complete collapse is possible. San Luis Obispo Municipal Code § 15.02.130, International Property Maintenance Code § 111.1.3: Structure unfit for human occupancy. A structure is unfit for human occupancy whenever the code official finds that such structure is unsafe, unlawful or, because of the degree to which the structure is in disrepair or lacks maintenance, is insanitary, vermin or rat infested, contains filth and contamination, or lacks ventilation, illumination, sanitary or heating facilities or other 2146 Parker February 22, 2024 Page 2 essential equipment required by this code, or because the location of the structure constitutes a hazard to the occupants of the structure or to the public. San Luis Obispo Municipal Code § 15.02.130, International Property Maintenance Code § 111.1.4: Unlawful structure. An unlawful structure is one found in whole or in part to be occupied by more persons than permitted under this code, or was erected, altered or occupied contrary to law. San Luis Obispo Municipal Code § 15.02.130, International Property Maintenance Code § 111.1.5: Dangerous structure or premises. For the purpose of this code, any structure or premises that has any or all of the conditions or defects described as follows shall be considered to be dangerous:. 1. Any door, aisle, passageway, stairway, exit or other means of egress that does not conform to the approved building or fire code of the jurisdiction as related to the requirements for existing buildings. 6. The building or structure, or any portion thereof, is clearly unsafe for its use and occupancy. 8. Any building or structure has been constructed, exists or is maintained in violation of any specific requirement or prohibition applicable to such building or structure provided by the approved building or fire code of the jurisdiction, or of any law or ordinance to such an extent as to present either a substantial risk of fire, building collapse or any other threat to life and safety. 10. Any building or structure, because of a lack of sufficient or proper fire-resistance- rated construction, fire protection systems, electrical system, fuel connections, mechanical system, plumbing system or other cause, is determined by the code official to be a threat to life or health. Corrective Action: The aforementioned building(s)/structure(s) declared as dangerous shall be vacated and secured and maintained against entry within 30 days from the date of this notice and order. All stored items shall be removed from each structure and each structure shall be secured in a manner consistent with boarding standards described in Appendix A of the International Property Maintenance Code. A demolition permit for the removal of all containers shall be secured within 30 days from the date of this order and demolition/removal shall be completed within 60 days of permit issuance. Any person failing to comply with this notice of violation or order served in accordance with Section 111.4 of the International Property Maintenance Code shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of the cited code or of the order or 2146 Parker February 22, 2024 Page 3 direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. Upon failure of the owner, owner’s authorized agent or person responsible to comply with the provisions of this notice within the time given, the property, structure or piece of regulated equipment found to be unsafe, unfit for occupancy, and/or dangerous will be posted as such and ordered to be secured. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or owner’s authorized agent who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by code. Upon failure of the owner or owner’s authorized agent to vacate and secure the premises as described within the time specified in this order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and shall be collected by any other legal resource. If the owner of a premises or owner’s authorized agent fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. RIGHT TO APPEAL: Any person shall have the right to appeal a decision of the code official to the construction board of appeals. An application for appeal shall be based on a claim that the intent of the cited code section(s) have been incorrectly interpreted, the provisions of the code do not fully apply or an equally good or better form of construction is proposed. The application shall be filed on the attached form via email at code@slocity.org or to 919 Palm Street, San Luis Obispo, CA 93406 within 20 days after service of this notice. Failure to appeal will constitute a waiver of all right to administrative hearing and determination of the matter. We look forward to working with you to resolve these violations and would like to thank you for your efforts to maintain your property and to help preserve the safety and beauty of our community. If you have questions, please contact the undersigned Officer at (805) 781-7179 or jmezzapesa@slocity.org. Sincerely, ____________________________ John Mezzapesa, Code Enforcement Supervisor Cc: File Enclosures: Appendix A International Property Maintenance Standards - Boarding Standards, Appeal Form - Construction Board of Appeals Notice and Order March 21, 2024 SQUARE DEAL RECORDINGS & SUPPLIES INC 2146 PARKER ST STE C2 SAN LUIS OBISPO, CA 93401 SUBJECT ADDRESS: 2146 PARKER SAN LUIS OBISPO, CA 93401 APN: 003-721-051 Code Case #: CODE-000455-2019 Dear Property Owner, This notice is to serve as a modification, as noted below, to the original notice for buildings or structures that have been determined to be dangerous and in need of repair, vacation and/or demolition at the above listed address issued on February 22, 2024. The structures identified on the previous notice were found to be in violation of the following San Luis Obispo Municipal Code(s) or other relevant codes: San Luis Obispo Municipal Code § 15.02.130, International Property Maintenance Code § 111.1.1: Unsafe structures. San Luis Obispo Municipal Code § 15.02.130, International Property Maintenance Code § 111.1.3: Structure unfit for human occupancy. San Luis Obispo Municipal Code § 15.02.130, International Property Maintenance Code § 111.1.4: Unlawful structure. San Luis Obispo Municipal Code § 15.02.130, International Property Maintenance Code § 111.1.5: Dangerous structure or premises. CORRECTIVE ACTION MODIFIED: The Building Official has prepared an abatement agreement establishing timelines for bringing the property into compliance. If you wish to pursue this option, the agreement shall be signed within 30 days of this notice. Please contact the CBO, Michael Loew, at (805)781-7157 or mloew@slocity.org to discuss the details of the abatement agreement. Alternatively, if an abatement agreement is not chosen to be executed, all identified building(s)/structure(s) shall be vacated and maintained secure against entry within 30 days from the date of this notice and order. All stored items shall be removed from each structure and each structure shall be secured in a manner consistent with boarding standards described in Appendix A of the International Property Maintenance Code. A demolition permit for the removal of all containers shall be secured within 30 days from the date of this order and demolition/removal shall be completed within 60 days of permit issuance. Any person failing to comply with this notice of violation or order served in accordance with Section 111.4 of the International Property Maintenance Code shall be deemed guilty of a misdemeanor or civil infraction as determined by the local municipality, and the violation shall be deemed a strict liability offense. 2146 Parker March 21, 2024 Page 2 If the notice of violation is not complied with, the code official shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of the cited code or of the order or direction made pursuant thereto. Any action taken by the authority having jurisdiction on such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. Upon failure of the owner, owner’s authorized agent or person responsible to comply with the provisions of this notice within the time given, the property, structure or piece of regulated equipment found to be unsafe, unfit for occupancy, and/or dangerous will be posted as such and ordered to be secured. Any occupied structure condemned and placarded by the code official shall be vacated as ordered by the code official. Any person who shall occupy a placarded premises or shall operate placarded equipment, and any owner or owner’s authorized agent who shall let anyone occupy a placarded premises or operate placarded equipment shall be liable for the penalties provided by code. Upon failure of the owner or owner’s authorized agent to vacate and secure the premises as described within the time specified in this order, the code official shall cause the premises to be closed and secured through any available public agency or by contract or arrangement by private persons and the cost thereof shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate and shall be collected by any other legal resource. If the owner of a premises or owner’s authorized agent fails to comply with a demolition order within the time prescribed, the code official shall cause the structure to be demolished and removed, either through an available public agency or by contract or arrangement with private persons, and the cost of such demolition and removal shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate. RIGHT TO APPEAL: Any person shall have the right to appeal a decision of the code official to the construction board of appeals. An application for appeal shall be based on a claim that the intent of the cited code section(s) have been incorrectly interpreted, the provisions of the code do not fully apply or an equally good or better form of construction is proposed. The application shall be filed on the attached form via email at code@slocity.org or to 919 Palm Street, San Luis Obispo, CA 93406 within 20 days after service of this notice. Failure to appeal will constitute a waiver of all right to administrative hearing and determination of the matter. We look forward to working with you to resolve these violations and would like to thank you for your efforts to maintain your property and to help preserve the safety and beauty of our community. If you have questions, please contact the undersigned Officer at (805) 781-7179 or jmezzapesa@slocity.org. Sincerely, ____________________________ John Mezzapesa, Code Enforcement Supervisor Cc: File Enclosures: Original Notice & Order (2/22/24), Appendix A International Property Maintenance Standards - Boarding Standards, Appeal Form - Construction Board of Appeals August 18, 2021 Sent via Email Warren Ferris 2146 Parker Street, Suite C-2 San Luis Obispo, CA 93401 Subject: Completeness Review #1: DIR-0498-2021 (2146 Parker Street): Request for exception to rear setback requirement in the C-S zone. The setback exception is requested in connection to a Code Enforcement case for unpermitted structures (Storage Containers) placed on property without formal approval and inconsistent with setback standards. Warren Ferris: Thank you for the April July 19, 2021, submittal for the subject project. We have reviewed your application and found it to be incomplete. We will be unable to process your application until additional information and/or revisions have been submitted to the satisfaction of the Community Development Director. Preliminary review is necessary to ensure that staff has adequate information to evaluate your project and identify any conflicts with City standards or guidelines. The purpose of this letter is to provide you with a list of items that need to be addressed prior to taking action on your project. As this project is intended to address a code enforcement case, you will need to respond within 30 days or further code enforcement action may be taken. Preliminary review indicates that your application will remain in an incomplete status until the following information and/or revisions are submitted: Note: Upon resubmittal please provide a narrative indicating where responses to these items can be found on plans. Department comments/completeness items: Planning Division - Community Development Department 1. Zoning Regulations Chapter 17.106 provides a process for the appropriate review of development projects. The proposed project consists of the addition of approximately 11,000 to 12,000 square feet of new structures (storage containers used as structures) to a site with approximately 13,350 square feet within previously approved existing structures. Moderate Development Review is required for projects that are a significant enlargement or modification to a previously approved project as required by section 17.106.030. The subsequent re-submittal of this project shall be a Moderate DIR-0498-2021 (2146 Parker Street) – Completeness Review #1 August 18, 2021 Page 2 Development Review with additional fees associated with that review. Fees provided for the current Director’s Action submittal (DIR-0498-2021) can be refunded or applied to the submittal fee for the Minor Development Review. All comments below from the Planning Division or other reviewing departments and divisions shall be appropriately addressed in the subsequent Minor Development Review submittal. Any requested exceptions to development standards, as provided for in the Zoning Regulations, will be included with the Minor Development Review without additional fees. The application checklist for Moderate Development Review is linked here: https://www.slocity.org/home/showpublisheddocument/2442/637625504641470000. Please be aware that the project will be reviewed by the Architectural Review Commission for consistency with the Community Design Guidelines, which can be found on the City’s website. 2. Zoning Regulations 17.70.050, Edge Conditions, applies to any portion of property located within the C-S zone that are adjacent to a R-1 or R-2 parcel, and require that a 10-foot setback be applied to a property line adjacent to the R-1 or R-2 zone. As this property is adjacent to the R-2 zone to the east, the required setback for any structures along this property line is 10 feet. Please revise your plans to show this setback requirement. 3. Please provide a calculation of parking requirements for all uses on site, including new storage areas for existing uses and new personal storage use, consistent with Table 3-4 and Chapter 17.72 of the Zoning Regulations. If you have any questions on the above planning comments, or any questions regarding this letter, please contact me at 805-781-7091, or by e-mail at: kvanleeuwen@slocity.org Utilities Department 4. Please label the existing water lateral and meter size and indicate if it will be reused. In order for it to be reused it must meet 2020 City Standards. 5. Please label the existing sewer lateral location and size and indicate if it will be reused. In order for it to be reused, it must meet 2020 City Standards. 6. Fire sprinklers conforming to NFPA 13D are required for this project. Please provide a minimum 1” water meter to support domestic and fire flows and pressures. 7. Please send a pdf copy of the next submittal to cburnett@slocity.org. If you have questions on the above items, please contact Utilities Engineer, Cori Burnett, 805-781-7208, or by e-mail: CBurnett@slocity.org Building and Safety Division - Community Development Department DIR-0498-2021 (2146 Parker Street) – Completeness Review #1 August 18, 2021 Page 3 8. Provide more detailed information on Americans with Disabilities Act (ADA) compliance, including but not limited to path of travel and accessibility. If you have questions on the above items, please contact Interim Building and Safety Supervisor, Mark Sadowski, 805-781-7184, or by e-mail: msadowski@slocity.org Engineering Division – Public Works/Community Development Department 9. Provide plans on resubmittal on 24” x 36” sheets, with appropriate scale. 10. Show and document compliance of the project with the 2014 Post Construction Stormwater Regulations as promulgated by the Regional Water Quality Control Board. Provide the required Post Construction Stormwater Requirements checklist (available online at www.slocity.org/home/showdocument?id=5190). 11. Show the dimensions and bearings for all property lines on the site plan. 12. Show measurement for all current building setbacks on the site plan for reference. 13. Provide cross-sections of storage containers, include widths, lengths and heights. 14. Clarify how containers are anchored to the foundation. 15. Clarify if any new utilities are proposed, electrical, plumbing, sewer, etc. 16. This property is located within a designated flood zone as shown on the Flood Insurance Rate Map (FIRM) for the City of San Luis Obispo. As such, any new structures or the substantial remodel of existing structures shall comply with all Federal Emergency Management Agency (FEMA) requirements and the city’s Floodplain Management Regulations per Municipal Code Chapter 17.78. 17. Clarify the proposed drainage strategy. Show the existing and proposed contours and/or spot elevations to clearly depict the existing historic drainage and proposed grading and drainage This project will alter and/or increase the storm water runoff from this site. The improved drainage and /or diverted drainage shall be directed to the street and not across side or rear adjoining property lines unless the drainage is conveyed within recorded easements or existing waterways. 18. Please clarify roof drainage on plans. If you have questions on the above items, please contact Supervising Civil Engineer, Hal Hannula, 805- 781-7201, or by e-mail: hhannula@slocity.org The above list includes all of the items initially identified as necessary for us to certify your application as complete. The City may ask for additional information upon more detailed review of DIR-0498-2021 (2146 Parker Street) – Completeness Review #1 August 18, 2021 Page 4 your project. If you have any questions regarding this letter or the specific items necessary to submit for a complete application, please contact me at (805) 781-7091. Sincerely, Kyle Van Leeuwen Associate Planner STRUCTURAL ENGINEERSH.F. MAGER INC.MR. RICHARD FERRIS SQUARE DEAL RECORDINGS & SUPPLIES STRUCTURAL ENGINEERSH.F. MAGER INC.MR. RICHARD FERRIS SQUARE DEAL RECORDINGS & SUPPLIES STRUCTURAL ENGINEERSH.F. MAGER INC.MR. RICHARD FERRIS SQUARE DEAL RECORDINGS & SUPPLIES