Loading...
HomeMy WebLinkAbout2020.09.15 Agenda Packet - Regular Meeting\ City Council Agenda Tuesday, September 15, 2020 6:30 PM PUBLIC ADVISORY: Consistent with the Governor’s latest Executive Order to Stay at Home, avoid gatherings and maintain social distancing, the regular meeting portion of the agenda will be conducte d telephonically and Members of the City Council and staff will be participating via Teleconference. There will be no physical meeting location for the regular meeting. How to Observe the Meeting: To maximize public safety while still maintaining transp arency and public access, members of the public can observe the meeting by calling +1 (41 5) 655-0052, Attendee Access Code: 193- 606-027 or by visiting https://attendee.gotowebinar.com/register/5091692522727284239. How to Submit Public Comment: Members of the public may provide public comment by sending written comments to the City Clerk by email at cityclerk@DiamondBarCA.gov by 5:30 p.m. on the day of the meeting. Please indicate in the Subject Line “FOR PUBLIC COMMENT.” Written comments will be distributed to the Council Members and read into the record at the meeting, up to a maximum of five minutes. Alternatively, public comment may be submitted by logging onto the meeting through this link: https://attendee.gotowebinar.com/register/5091692522727284239. Members of the public will be called upon one at a time during the Public Comment portion of the agenda, and will be asked to state their name and agenda item they wish to comment on. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. American Disability Act Accommodations: Pursuant to the Executive Order, and in compliance with the Americans with Disabilities Act, if you need special assistance to participate in the Council Meeting, please contact the City Clerk’s Office (909) 839-7010 within 72 hours of the meeting. City Council video recordings with transcription will be available upon request the day following the Council Meeting. The City of Diamond Bar thanks you in advance for taking all precautions to prevent spreading the COVID-19 virus. STEVE TYE Mayor NANCY A. LYONS Mayor Pro Tem ANDREW CHOU Council Member RUTH M. LOW Council Member JENNIFER "FRED" MAHLKE Council Member City Manager Dan Fox • City Attorney David DeBerry • City Clerk Kristina Santana DIAMOND BAR CITY COUNCIL MEETING RULES Welcome to the meeting of the Diamond Bar City Council. Meetings are open to the public and are broadcast on Spectrum Cable Channel 3 and Frontier FiOS television Channel 47. You are invited to attend and participate. Copies of staff reports or other written documentation relating to agenda items are on file and available for public inspection by contacting the Office of the City Clerk. If requested, the agenda will be made available in an alternative format to a person with disability as required by Section 202 of the Americans with Disabilities Act of 1990. If you have questions regarding an agenda item, please contact the City Clerk at (909) 839-7010 during regular business hours. PUBLIC INPUT Members of the public may address the Council on any item of business on the agenda during the time the item is taken up by the Council. In addition, members of the public may, during the Public Comment period address the Council on any Consent Calendar item or any matter not on the agenda and within the Council’s subject matter jurisdiction. Any material to be submitted to the City Council at the meeting should be submitted through the City Clerk. Speakers are limited to five minutes per agenda item, unless the Mayor determines otherwise. The Mayor may adjust this time limit depending on the number of people wishing to speak, the complexity of the matter, the length of the agenda, the hour and any other relevant consideration. Speakers may address the Council only once on an agenda item, except during public hearings, when the applicant/appellant may be afforded a rebuttal. Public comments must be directed to the City Council. Behavior that disrupts the orderly conduct of the meeting may result in the speaker being removed from the meeting. INFORMATION RELATING TO AGENDAS AND ACTIONS OF THE COUNCIL Agendas for regular City Council meetings are available 72 hours prior to the meeting and are posted in the City’s regular posting locations, on DBTV Channel 3, Spectrum Cable Channel 3, Frontier FiOS television Channel 47 and on the City’s website at www.diamondbarca.gov. The City Council may take action on any item listed on the agenda. HELPFUL PHONE NUMBERS Copies of agendas, rules of the Council, Video of meetings: (909) 839-7010 Computer access to agendas: www.diamondbarca.gov General information: (909) 839-7000 Written materials distributed to the City Council within 72 hours of the City Council meeting are available for public inspection immediately upon distribution in the City Clerk’s Office at 21810 Copley Dr., Diamond Bar, California, during normal business hours. THIS MEETING IS BEING VIDEO RECORDED AND BY PARTICIPATING VIA TELECONFERENCE, YOU ARE GIVING YOUR PERMISSION TO BE TELEVISED. THIS MEETING WILL BE RE-BROADCAST EVERY SATURDAY AND SUNDAY AT 9:00 A.M. AND ALTERNATE TUESDAYS AT 8:00 P.M. AND IS ALSO AVAILABLE FOR LIVE VIEWING AT HTTPS://ATTENDEE.GOTOWEBINAR.COM/REGISTER/5091692522727284239 and ARCHIVED VIEWING ON THE CITY’S WEB SITE AT WWW.DIAMONDBARCA.GOV. CITY OF DIAMOND BAR CITY COUNCIL AGENDA September 15, 2020 CALL TO ORDER: 6:30 p.m. PLEDGE OF ALLEGIANCE: Mayor ROLL CALL: Chou, Low, Mahlke, Mayor Pro Tem Lyons, Mayor Tye APPROVAL OF AGENDA: Mayor 1. SPECIAL PRESENTATIONS, CERTIFICATES, PROCLAMATIONS: 1.1 Regional Chamber of Commerce – San Gabriel Valley Annual Report 2. CITY MANAGER REPORTS AND RECOMMENDATIONS: 3. PUBLIC COMMENTS: "Public Comments" is the time reserved on each regular meeting agenda to provide an opportunity for members of the public to directly address the Council on Consent Calendar items or other matters of interest not on the agenda that are within the subject matter jurisdiction of the Council. Although the City Council values your comments, pursuant to the Brown Act, members of the City Council or Staff may briefly respond to public comments if necessary, but no extended discussion and no action on such matters may take place. There is a five-minute maximum time limit when addressing the City Council. At this time, the teleconference moderator will ask callers one at a time to give their name and if there is an agenda item number they wish to speak on before providing their comment. If you wish to speak on a public hearing item or council consideration item, you will then be called upon to speak at that point in the agenda. SEPTEMBER 15, 2020 PAGE 2 4. CONSENT CALENDAR: All items listed on the Consent Calendar are considered by the City Council to be routine and will be acted on by a single motion unless a Council Member or member of the public request otherwise, in which case, the item will be removed for separate consideration. 4.1 CITY COUNCIL MINUTES OF THE SEPTEMBER 1, 2020 MEETING. 4.1.a September 1, 2020 City Council Minutes Recommended Action: Approve the September 1, 2020 Regular City Council meeting minutes. Requested by: City Clerk 4.2 RATIFICATION OF CHECK REGISTER DATED AUGUST 27, 2020 THROUGH SEPTEMBER 9, 2020 TOTALING $507,197.62. Recommended Action: Ratify the Check Register. Requested by: Finance Department 4.3 AGREEMENT WITH THE REGIONAL CHAMBER OF COMMERCE-SAN GABRIEL VALLEY FOR BUSINESS SUPPORT SERVICES THROUGH JUNE 30, 2021. Recommended Action: Approve, and authorize the Mayor to sign, the Agreement with the Regional Chamber of Commerce-San Gabriel Valley. Requested by: City Manager 4.4 BIENNIAL UPDATE TO THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL. Recommended Action: Adopt Resolution No. 2020-39 amending the City's Conflict of Interest Code for Designated City Personnel. Requested by: City Clerk 4.5 SUPPORT FOR CA LEAGUE OF CALIFORNIA CITIES RESOLUTION AT THE 2020 ANNUAL CONFERENCE. Recommended Action: Authorize the City’s Delegates to support the proposed resolution at the League of CA Cities General Assembly Meeting. SEPTEMBER 15, 2020 PAGE 3 Requested by: City Manager 5. PUBLIC HEARINGS: 5.1 ZONE CHANGE AND DEVELOPMENT REVIEW FOR NEW SINGLE FAMILY RESIDENCE LOCATED AT 1111 N. DIAMOND BAR BLVD., DIAMOND BAR (PLANNING CASE NO. PL2015-253). Recommended Action: A. Open the public hearing to take testimony from the public regarding all land use entitlements; B. Close the public hearing; C. Approve for First Reading by title only, waive full reading of Ordinance No. 01 (2020) adopting Zone Change to modify the ex isting zoning from Neighborhood Commercial (C-1) to Low Density Residential (RL), and schedule the Second Reading for the October 6, 2020 City Council meeting; and D. Adopt Resolution No. 2020-40 approving the Development Review application based on the Findings of Fact, and subject to the Conditions of Approval contained therein. Requested by: Community Development Department 6. COUNCIL CONSIDERATION: 6.1 FIRST READING OF ORDINANCE NO. 02 (2020) AMENDING TITLE 15 OF THE DIAMOND BAR MUNICIPAL CODE TO ADOPT, BY REFERENCE, TITLE 32, FIRE CODE OF THE LOS ANGELES COUNTY CODE, AS AMENDED, WHICH CONSTITUTES AN AMENDED VERSION OF THE CALIFORNIA FIRE CODE, 2019 EDITION. Recommended Action: Introduce for first reading by title only, waive full reading of Ordinance No. 02 (2020), and set for public hearing, second reading and adoption at the October 6, 2020 City Council meeting. In memory of Requested by: Community Development Department 7. COUNCIL SUB-COMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: 8. ADJOURNMENT: In memory of La Puente Council Member Daniel Holloway. Agenda #: 4.1 Meeting Date: September 15, 2020 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: CITY COUNCIL MINUTES OF THE SEPTEMBER 1, 2020 MEETING. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve the September 1, 2020 Regular City Council meeting minutes. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: Minutes have been prepared and are being presented for approval. PREPARED BY: REVIEWED BY: Attachments: 1. 4.1.a September 1, 2020 City Council Minutes 4.1 Packet Pg. 6 CITY OF DIAMOND BAR MINUTES OF THE CITY COUNCIL REGULAR MEETING SEPTEMBER 1, 2020 CLOSED SESSION: 5:30 p.m., Windmill Room Public Comments on Closed Session Agenda – No comments were submitted. Government Code Section 54957 Public Employee – City Manager Performance Evaluation Closed Session Adjourned at 6:01 p.m. CALL TO ORDER: Mayor Tye called the Regular City Council meeting to order at 6:30 p.m. Mayor Tye stated that consistent with COVID-19 regulations, all Council Members and staff are participating via teleconference and there is no physical location for public attendance. The Public has been invited to join the meeting online or by phone at the numbers printed on the agenda. M/Tye stated that there were no reportable actions taken during tonight’s Closed Session. PLEDGE OF ALLEGIANCE: Mayor Tye led the Pledge of Allegiance. ROLL CALL: Council Members Andrew Chou, Ruth Low, Jennifer “Fred” Mahlke, Mayor Pro Tem Nancy Lyons, and Mayor Steve Tye Staff participating telephonically: Dan Fox, City Manager; Dave DeBerry, City Manager; Ryan McLean, Assistant City Manager; Anthony Santos, Assistant to the City Manager; Ryan Wright, Parks and Recreation Manager; David Liu, Public Works Director; Hal Ghafari, Public Works Manager/Assistant City Engineer; Jason Williams, Maintenance Supervisor; Greg Gubman, Community Development Director; Mayuko (May) Nakajima, Associate Planner; Dianna Honeywell, Director of Finance, Amy Haug, Human Resources and Risk Manager; Ken Desforges, Director of Information Services; Marsha Roa, Public Information Manager; Cecilia Arellano, Public Information Coordinator; Kristina Santana, City Clerk APPROVAL OF AGENDA: As submitted. 1. CITY MANAGER REPORTS AND RECOMMENDATIONS: CM/Fox reported on what is being investigated by the Los Angeles County Sheriff’s Department Major Crimes Bureau as a hate crime in the City of Diamond Bar. He asked the public to contact the Diamond Bar/Walnut Sheriff’s 4.1.a Packet Pg. 7 SEPTEMBER 1, 2020 PAGE 2 CITY COUNCIL Station to report any information relevant to the case and asked that residents be safe and stay strong. 2. PUBLIC COMMENTS: CC/Santana stated that no comments were submitted by email for this m eeting. Jacob Wolak updated the Council on Congressman Cisneros’s congressional activities and encouraged everyone to complete and submit their census forms. 3. CONSENT CALENDAR: MPT/Lyons moved, C/Mahlke seconded, to approve the Consent Calendar as presented. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 3.1 APPROVED CITY COUNCIL MINUTES: 3.1a AUGUST 18, 2020 REGULAR MEETING. 3.2 RATIFIED CHECK REGISTER DATED AUGUST 13, 2020 THROUGH AUGUST 26, 2020 TOTALING $1,416,989.03. 3.3 APPROVED REVISION TO APPLICATION FOR THE LOCAL EARLY ACTION PLANNING GRANTS PROGRAM (LEAP). 3.4 ADOPTED RESOLUTION NO. 2020-38 EXTENDING THE DECLARED LOCAL EMERGENCY REGARDING NOVEL CORONAVIRUS (COVID019). 4. PUBLIC HEARING(S): NONE 5. COUNCIL CONSIDERATION: 5.1 STREET SWEEPING PARKING ENFORCEMENT. PWD/Liu provided the presentation. M/Tye felt some action should be taken with sensitivity toward resident’s needs. MPT/Lyons agreed with M/Tye and pointed out that streets look better after sweeping and debris removal which also prevents it entering the storm drain system. M/Tye asked if staff had asked how Valley Vista might help accommodate 4.1.a Packet Pg. 8 SEPTEMBER 1, 2020 PAGE 3 CITY COUNCIL the City. CM/Fox responded that Valley Vista is looking at options but it is a somewhat complicated matter to determine logical routes and education that would be necessary for each of the neighborhoods which would not necessarily provide a short-term alternative. The question of the moment is whether to enforce the current parking restrictions or continue to suspend it as has been done since March. C/Chou was told by numerous residents that while they would prefer not to, they are forced to park on the street and he would support suspending the citations until the end of the year. He felt that taking care of residents outweighs the potential issue of debris on the streets. MPT/Lyons questioned parking commercial vehicles on the street. C/Low agreed that this matter should be revisited at the end of the year or sooner, if necessary, which would provide adequate notice to residents. M/Tye suggested that people could help by cleaning up in front of and around their homes. MPT/Lyons said she could agree to continue the suspension until the end of the year if the public safety vehicle continue d to monitor the situation. CM/Fox responded that he did not believe there was a reason to have the CSO on the street if they are not writing tickets. C/Low moved, C/Chou seconded, to suspend street sweeping parking enforcement to the end of 2020. Motion carried by the following Roll Call vote: AYES: COUNCIL MEMBERS: Chou, Low, Mahlke, MPT/Lyons, M/Tye NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None 6. COUNCIL SUBCOMMITTEE REPORTS AND MEETING ATTENDANCE REPORTS/COUNCIL MEMBER COMMENTS: C/Low thanked CM/Fox and staff for their work throughout the summer and commended them for securing grant funds t o supplement expenses. She thanked PRD/Wright and staff for implementing programs in response to COVID - 19 including the resource bags for seniors, thanked MPT/Lyons and C/Mahlke for their participation in helping kids succeed in learning from distance session, and asked residents to support local restaurants. C/Chou encouraged everyone to submit their census forms, thanked staff for the senior resource bags, and encouraged everyone to help each other get through the pandemic. C/Mahlke thanked CM/Fox for speaking out against racist activities in the 4.1.a Packet Pg. 9 SEPTEMBER 1, 2020 PAGE 4 CITY COUNCIL community, encouraged her colleagues and residents to speak out as well , and thanked staff for their support of the community. She hoped everyone would celebrate the City’s labor force on Labor Day and remain vigilant and safe in the face of COVID-19. MPT/Lyons thanked PRD/Wright and his staff for the senior resource bags and for allowing Council Members to participate in distributing them. She agreed with CM/Fox and C/Mahlke that racism has no place in Diamond Bar and is pleased the matter is being investigated by the Major Crimes Bureau. She spoke about the class on how to keep a child engaged in online learning and about Restaurant Week. M/Tye said on behalf of the City Council and the City of Diamond B ar that unequivocally, racism is unacceptable and acts of hate are not welcome in Diamond Bar. M/Tye thanked sponsors for their help in putting together the senior resource bag giveaway and recognized Kelly Golondzinier for showing civic pride in removing litter at Pantera Park. ADJOURNMENT: With no further business to conduct, M/Tye adjourned the Regular City Council Meeting at 7:11 p.m. Respectfully submitted: __________________________ Kristina Santana, City Clerk The foregoing minutes are hereby approved this 15th day of September, 2020. __________________________ Steve Tye, Mayor 4.1.a Packet Pg. 10 Agenda #: 4.2 Meeting Date: September 15, 2020 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: RATIFICATION OF CHECK REGISTER DATED AUGUST 27, 2020 THROUGH SEPTEMBER 9, 2020 TOTALING $507,197.62. STRATEGIC GOAL: Responsible Stewardship of Public Resources RECOMMENDATION: Ratify the Check Register. FINANCIAL IMPACT: Expenditure of $507,197.62. BACKGROUND/DISCUSSION: The City has established the policy of issuing accounts payable checks on a weekly basis with City Council ratification at the next scheduled City Council Meeting. The attached check register containing checks dated August 27, 2020 through September 9, 2020 totaling $507,197.62 is being presented for ratification. All payments have been made in compliance with the City’s purchasing pol icies and procedures, and have been reviewed and approved by the appropriate departmental staff. The attached Affidavit affirms that the check register has been audited and deemed accurate by the Finance Director. PREPARED BY: 4.2 Packet Pg. 11 REVIEWED BY: Attachments: 1. 4.2.a Check Register Affidavit 9-15-2020 2. 4.2.b Check Register 9-15-2020 4.2 Packet Pg. 12 4.2.a Packet Pg. 13 376 8/31/2020 CHEM PRO LABORATORY INC  QTLY' WATER TREATMENT SVC - DBC 100510 52320 $155.00 CHECK TOTAL $155.00 377 8/31/2020 COLLEY AUTO CARS INC  FLEET VEHICLE MAINTENANCE - ROAD MAINTENANCE 502655 52312 $198.40 CHECK TOTAL $198.40 380 8/31/2020 SAN GABRIEL VALLEY CITY MANAGER'S ASSOCIATION  ANNUAL MEMERSHIP DUES FOR 7/1/20 -6/30/21 100130 52400 $55.00 CHECK TOTAL $55.00 381 8/31/2020 PERS HEALTH  HEALTH INS PREMIUM SEP 2020 100220 50062 $137.10 8/31/2020 PERS HEALTH  HEALTH INS PREMIUM SEP 2020 105220 50048 $1,251.00 8/31/2020 PERS HEALTH  HEALTH INS PREMIUM SEP 2020 100 21106 $52,050.56 CHECK TOTAL $53,438.66 382 9/4/2020 PAYROLL TRANSFER  PAYROLL TRANSFER 18/99-20 09/04/2020 239 10105 $961.69 9/4/2020 PAYROLL TRANSFER  PAYROLL TRANSFER 18/99-20 09/04/2020 241 10105 $961.69 9/4/2020 PAYROLL TRANSFER  PAYROLL TRANSFER 18/99-20 09/04/2020 238 10105 $1,640.67 9/4/2020 PAYROLL TRANSFER  PAYROLL TRANSFER 18/99-20 09/04/2020 106 10105 $2,869.83 9/4/2020 PAYROLL TRANSFER  PAYROLL TRANSFER 18/99-20 09/04/2020 207 10105 $2,881.66 9/4/2020 PAYROLL TRANSFER  PAYROLL TRANSFER 18/99-20 09/04/2020 206 10105 $6,234.32 9/4/2020 PAYROLL TRANSFER  PAYROLL TRANSFER 18/99-20 09/04/2020 250 10105 $12,219.42 9/4/2020 PAYROLL TRANSFER  PAYROLL TRANSFER 18/99-20 09/04/2020 100 10105 $173,968.19 CHECK TOTAL $201,737.47 City of Diamond Bar Check Register CHECK #CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 4.2.b Packet Pg. 14 384 9/4/2020 VANTAGEPOINT TRNSFR AGNTS-303248  DEF COMP CONTRIBUTION/LOAN PYMT 09/04/20 100 21109 $425.60 9/4/2020 VANTAGEPOINT TRNSFR AGNTS-303248  DEF COMP CONTRIBUTION/LOAN PYMT 09/04/20 100 21109 $4,130.94 9/4/2020 VANTAGEPOINT TRNSFR AGNTS-303248  DEF COMP CONTRIBUTION/LOAN PYMT 09/04/20 100 21109 $43,578.35 CHECK TOTAL $48,134.89 385 9/4/2020 CALPERS  PENSION CONTRIBUTION 08/15/20- 08/28/20 100 21110 $53.94 9/4/2020 CALPERS  PENSION CONTRIBUTION 08/15/20- 08/28/20 100 21110 $4,732.55 9/4/2020 CALPERS  PENSION CONTRIBUTION 08/15/20- 08/28/20 100 21110 $31,267.60 CHECK TOTAL $36,054.09 386 9/9/2020 AFLAC  AUG 2020 SUPP INSURANCE PREMIUM 100 21117 $2,821.16 CHECK TOTAL $2,821.16 387 9/9/2020 BEST LIGHTING PRODUCTS INC  MONTHLY MAINTENANCE & LIGHTING SUPPLIES - JULY 100620 52320 $109.04 9/9/2020 BEST LIGHTING PRODUCTS INC  MONTHLY MAINTENANCE & LIGHTING SUPPLIES - JULY 100510 52320 $159.04 9/9/2020 BEST LIGHTING PRODUCTS INC  MONTHLY MAINTENANCE & LIGHTING SUPPLIES - JULY 238638 52320 $159.04 9/9/2020 BEST LIGHTING PRODUCTS INC  MONTHLY MAINTENANCE & LIGHTING SUPPLIES - JULY 100630 55505 $1,311.94 9/9/2020 BEST LIGHTING PRODUCTS INC  MONTHLY MAINTENANCE & LIGHTING SUPPLIES - AUGUST 238638 52320 $168.64 9/9/2020 BEST LIGHTING PRODUCTS INC  MONTHLY MAINTENANCE & LIGHTING SUPPLIES - AUGUST 100510 52320 $225.62 9/9/2020 BEST LIGHTING PRODUCTS INC  MONTHLY MAINTENANCE & LIGHTING SUPPLIES - AUGUST 100620 52320 $301.72 9/9/2020 BEST LIGHTING PRODUCTS INC  MONTHLY MAINTENANCE & LIGHTING SUPPLIES - AUGUST 100630 55505 $1,456.08 CHECK TOTAL $3,891.12 City of Diamond Bar Check Register CHECK #CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 4.2.b Packet Pg. 15 388 9/9/2020 BRIGHTVIEW LANDSCAPE SERVICES INC  LANDSCAPE MAINTENANCE - JULY - PARKS & DBC 100510 55505 $6,044.00 9/9/2020 BRIGHTVIEW LANDSCAPE SERVICES INC  LANDSCAPE MAINTENANCE - JULY - PARKS & DBC 100630 55505 $29,719.00 9/9/2020 BRIGHTVIEW LANDSCAPE SERVICES INC  ADDL' LANDSCAPE MAINTENANCE - SYCAMORE TRAILHEAD 100630 52320 $425.00 CHECK TOTAL $36,188.00 389 9/9/2020 C & E LUMBER CO  LODGE POLE - PARKS & FACILITIES 100630 52320 $574.05 CHECK TOTAL $574.05 390 9/9/2020 CAROLE L BALDWIN  CC INSTRUCTOR PAYMENT - SUM 2020 100520 55320 $89.40 CHECK TOTAL $89.40 391 9/9/2020 CDW GOVERNMENT  TREND-MICRO SAN MAIL ANNUAL RENEWAL 100230 52314 $1,450.80 9/9/2020 CDW GOVERNMENT  BARRACUDA E-MAIL SECURITY GATEWAY ANNUAL RENEWAL 100230 52314 $3,476.64 CHECK TOTAL $4,927.44 392 9/9/2020 DAVID EVANS AND ASSOCIATES INC  CONSULTANT SVCS-LANDSCAPE PLAN CK SVCS 100 22107 $23.00 9/9/2020 DAVID EVANS AND ASSOCIATES INC  CONSULTANT SVCS-LANDSCAPE PLAN CK SVCS 100 22107 $425.00 9/9/2020 DAVID EVANS AND ASSOCIATES INC  CONSULTANT SVCS-LANDSCAPE PLAN CK SVCS 100 22107 $1,040.00 9/9/2020 DAVID EVANS AND ASSOCIATES INC  PROF.SVCS-LANDSCAPE PLAN CK SVCS 100 22107 $34.50 9/9/2020 DAVID EVANS AND ASSOCIATES INC  PROF.SVCS-LANDSCAPE PLAN CK SVCS 100 22107 $2,067.50 9/9/2020 DAVID EVANS AND ASSOCIATES INC  PROF.SVCS-LANDSCAPE PLAN CK SVCS 100 22107 $2,137.00 CHECK TOTAL $5,727.00 393 9/9/2020 DELTA DENTAL  SEP 2020 PPO DENTAL PREMIUM 100 21105 $5,083.36 CHECK TOTAL $5,083.36 City of Diamond Bar Check Register CHECK #CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 4.2.b Packet Pg. 16 394 9/9/2020 DELTA DENTAL INSURANCE COMPANY  SEP 2020 HMO DENTAL PREMIUM 100 21105 $309.46 CHECK TOTAL $309.46 395 9/9/2020 DEPARTMENT OF JUSTICE  100220 52510 $32.00 CHECK TOTAL $32.00 396 9/9/2020 DOGGIE WALK BAGS INC  DOGGIE BAGS - SEPTEMBER 250170 51200 $1,051.20 CHECK TOTAL $1,051.20 397 9/9/2020 EWING IRRIGATION PRODUCTS INC  PARKS - WIRE & VALVE LOCATOR 100630 52320 $601.15 CHECK TOTAL $601.15 398 9/9/2020 GATEWAY WATER MANAGEMENT AUTHORITY  HARBOR TOXIC UPSTREAM FY 20-21 100610 54200 $2,653.70 9/9/2020 GATEWAY WATER MANAGEMENT AUTHORITY  HARBOR TOXIC UPSTREAM FY 20-21 201610 54200 $2,653.70 CHECK TOTAL $5,307.40 399 9/9/2020 GUARANTEED JANITORIAL SERVICE INC  JANITORIAL SERVICES - JULY - CITY HALL/DBC/PARKS 100630 55505 $2,450.00 9/9/2020 GUARANTEED JANITORIAL SERVICE INC  JANITORIAL SERVICES - JULY - CITY HALL/DBC/PARKS 100510 55505 $5,400.00 9/9/2020 GUARANTEED JANITORIAL SERVICE INC  JANITORIAL SERVICES - JULY - CITY HALL/DBC/PARKS 100620 52320 $8,724.00 9/9/2020 GUARANTEED JANITORIAL SERVICE INC  JANITORIAL SERVICES - AUG - CITY HALL/DBC/PARKS 100630 55505 $2,450.00 9/9/2020 GUARANTEED JANITORIAL SERVICE INC  JANITORIAL SERVICES - AUG - CITY HALL/DBC/PARKS 100510 55505 $5,400.00 9/9/2020 GUARANTEED JANITORIAL SERVICE INC  JANITORIAL SERVICES - AUG - CITY HALL/DBC/PARKS 100620 52320 $8,724.00 CHECK TOTAL $33,148.00 400 9/9/2020 HOFFMAN SOUTHWEST CORP  STORM DRAIN ON AMBUSHERS STREET 100655 55532 $1,068.00 City of Diamond Bar Check Register CHECK #CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 4.2.b Packet Pg. 17 400 CHECK TOTAL $1,068.00 401 9/9/2020 K7 ENTERPRISES  COVID-19 SIGNAGE FOR CITY HALL REOPENING 100240 52110 $308.19 9/9/2020 K7 ENTERPRISES  COVID-19 PARK BANNERS 100240 52110 $642.03 CHECK TOTAL $950.22 402 9/9/2020 LOS ANGELES COUNTY PUBLIC WORKS  INDUSTRIAL WASTE SVCS-APR 2020 100610 55550 $3,186.18 9/9/2020 LOS ANGELES COUNTY PUBLIC WORKS  INDUSTRIAL WASTE SVCS-MARCH 2020 100610 55550 $2,604.52 9/9/2020 LOS ANGELES COUNTY PUBLIC WORKS  INDUSTRIAL WASTE SVCS-MAY 2020 100610 55550 $1,723.02 9/9/2020 LOS ANGELES COUNTY PUBLIC WORKS  INDUSTRIAL WASTE SVCS-JUNE 2020 100610 55550 $1,927.37 CHECK TOTAL $9,441.09 403 9/9/2020 MANAGED HEALTH NETWORK  SEP 2020 EAP PREMIUM 100 21114 $151.20 CHECK TOTAL $151.20 404 9/9/2020 ONE TIME PAY VENDOR VERONICA ICHWAN TINY TOT CREDIT REFUND COVID19 100 20202 $385.00 CHECK TOTAL $385.00 405 9/9/2020 ONE TIME PAY VENDOR CALIBER CONSTRUCTION, INC. DEPOSIT REFUND 100 22105 $5,000.00 CHECK TOTAL $5,000.00 406 9/9/2020 OTIS ELEVATOR COMPANY  WHEELCHAIR LIFT SERVICES - DBC 100510 52320 $752.28 9/9/2020 OTIS ELEVATOR COMPANY  ELEVATOR SERVICES - CITY HALL 9.1.20 - 8.31.21 100620 52320 $5,520.60 CHECK TOTAL $6,272.88 407 9/9/2020 GREGORY C REUEL  UPDATE LEASE AVAILABLE REPORT AUGUST 2020 100240 54900 $1,500.00 CHECK TOTAL $1,500.00 City of Diamond Bar Check Register CHECK #CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 4.2.b Packet Pg. 18 408 9/9/2020 RICHDAI INC  CC INSTRUCTOR PAYMENT SUMMER 2020 100520 55320 $42.00 CHECK TOTAL $42.00 409 9/9/2020 SHUM CRYSTAL  CC INSTRUCTOR PAYMENT - SHUM FALL 2020 100520 55320 $264.00 CHECK TOTAL $264.00 410 9/9/2020 SLOAN VAZQUEZ INC  PO 200135-CONSULTANT SVCS FOR JUNE 250170 54900 $9,200.00 CHECK TOTAL $9,200.00 411 9/9/2020 SOUTHERN CALIFORNIA EDISON  1798 DBB/22566 GOLDEN SPRINGS - SAFETY LIGHTS 100655 52210 $189.19 9/9/2020 SOUTHERN CALIFORNIA EDISON  652 S BREA CANYON RD 7.23.20 - 8.21.20 238638 52210 $12.00 9/9/2020 SOUTHERN CALIFORNIA EDISON  3334 1/2 BREA CNYN ROAD 7.24.20 - 8.24.20 100630 52210 $64.05 9/9/2020 SOUTHERN CALIFORNIA EDISON  21810 COPLEY - 7.16.20 - 8.14.20 100620 52210 $12,557.23 CHECK TOTAL $12,822.47 412 9/9/2020 STANDARD INSURANCE COMPANY  SEP 2020 LIFE/LTD/STD INSURANCE PREMIUM 100 21107 $849.00 9/9/2020 STANDARD INSURANCE COMPANY  SEP 2020 LIFE/LTD/STD INSURANCE PREMIUM 100 21107 $981.75 9/9/2020 STANDARD INSURANCE COMPANY  SEP 2020 LIFE/LTD/STD INSURANCE PREMIUM 100 21113 $2,224.07 CHECK TOTAL $4,054.82 413 9/9/2020 TRANE SERVICE GROUP INC  HVAC MAINTENANCE - CITY HALL 100620 52320 $1,645.38 9/9/2020 TRANE SERVICE GROUP INC  HVAC MAINTENANCE - PANTERA PARK QTLY' INSP. 100630 52320 $760.13 CHECK TOTAL $2,405.51 City of Diamond Bar Check Register CHECK #CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 4.2.b Packet Pg. 19 414 9/9/2020 VISION SERVICE PLAN  SEP 2020 VISION INSURANCE PREMIUM 100 21108 $2,033.68 CHECK TOTAL $2,033.68 415 9/9/2020 WEST COAST ARBORISTS INC  CITYWIDE TREE WATERING 8.1.20 - 8.15.20 100645 55522 $1,360.00 9/9/2020 WEST COAST ARBORISTS INC  TREE CARE - DISTRICT 41 241641 55522 $3,665.00 9/9/2020 WEST COAST ARBORISTS INC  TREE CARE - DISTRICT 38 238638 55522 $5,920.00 9/9/2020 WEST COAST ARBORISTS INC  CITYWIDE TREE CARE AND MAINTENANCE 100645 55522 $637.50 CHECK TOTAL $11,582.50 416 9/9/2020 WEST COAST MEDIA INC  ADVERTISEMENT FOR DBC IN SEPT/OCT 2020 ISSUE 100510 52160 $500.00 CHECK TOTAL $500.00 GRAND TOTAL $507,197.62 City of Diamond Bar Check Register CHECK #CHECK DATE VENDOR NAME OTP VENDOR NAME INVOICE DESCRIPTION ORG OBJECT AMOUNT 4.2.b Packet Pg. 20 Agenda #: 4.3 Meeting Date: September 15, 2020 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: AGREEMENT WITH THE REGIONAL CHAMBER OF COMMERCE- SAN GABRIEL VALLEY FOR BUSINESS SUPPORT SERVICES THROUGH JUNE 30, 2021. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Approve, and authorize the Mayor to sign, the Agreement with the Regional Chamber of Commerce-San Gabriel Valley. FINANCIAL IMPACT: The total not-to-exceed amount of the Agreement for Fiscal Year 2020-21 is $12,000. Sufficient funds are included in the FY 2020-21 Economic Development budget to cover the costs of such services. BACKGROUND/DISCUSSION: The Regional Chamber of Commerce—San Gabriel Valley (Chamber) continues to serve the Diamond Bar business community. The Chamber proposes to provide similar services to the City and business community during FY 2020-21 (Attachment 2 – Exhibit A), with expanded work relating to Diamond Bar Restaurant Week and shop local efforts. Due to COVID-19 considerations, some of the in-person activities may be modified to be internet and social media based. Under the existing agreement with the City, the Chamber continues to provide the following services: • Free small business development workshops, including partnerships with Pasadena City College and La Verne Small Business Development Center. • Local advertising opportunities on the Chamber website. • Ribbon cuttings at new Diamond Bar businesses. • Promotion of the City’s annual Restaurant Week, including recruitment and posting of information on the Chamber website. 4.3 Packet Pg. 21 • Submittal of an annual report to the City. The upcoming 2020 Diamond Bar Restaurant Week (DBRW) will be held between October 2 and 18, and is a partnership between the City and Chamber that will be expanded this year to include all Diamond Bar restaurants as a means to promote shop local efforts. The Chamber will coordinate corporate sponsorships, is responsible for administration of the stand-alone website, and procurement of the raffle prizes. Restaurant Week is a component of the City and Chamber’s continued efforts to promote economic development and synergy within the Diamond Bar business community, with the ultimate goal of assisting with business recovery efforts. The City has historically utilized the services of t he Chamber as a component of its overall economic development strategy. Therefore, it is recommended that the City Council continue its association with the Chamber, approve and authorize the Mayor to sign the Agreement in an amount not to exceed $12,000 for FY 2020-21. LEGAL REVIEW: The City Attorney has reviewed and approved the agreement as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 4.3.a Regional Chamber of Commerce SGV-Agreement FY2020-21 2. 4.3.b Exhibit A FY2020-21 4.3 Packet Pg. 22 1 CONSULTING SERVICES AGREEMENT THIS AGREEMENT (the "Agreement") is made as of September 15, 2020 by and between the City of Diamond Bar, a municipal corporation ("City") and the Regional Chamber of Commerce—San Gabriel Valley, a California nonprofit benefit corporation ("Consultant"). 1. Consultant's Services. Subject to the terms and conditions set forth in this Agreement Consultant shall provide to the reasonable satisfaction of the City the services set forth in the attach ed Exhibit "A", which is incorporated herein by this reference. As a material inducement to the City to enter into this Agreement, Consultant represents and warrants that it has thoroughly investigated the work and fully understands the difficulties and r estrictions in performing the work. Consultant represents that it is fully qualified to perform such consulting services by virtue of its experience and the training, education and expertise of its principals and employees. City Manager Dan Fox (herein referred to as the “City’s Project Manager”), shall be the person to whom the Consultant will report for the performance of services hereunder. It is understood that Consultant shall coordinate its services hereunder with the City’s Project Manager to the extent required by the City’s Project Manager, and that all performances required hereunder by Consultant shall be performed to the satisfaction of the City’s Project Manager and the City Manager. 2. Term of Agreement. This Agreement shall take effect July 1, 2020, and shall continue until June 30, 2021 unless earlier terminated pursuant to the provisions herein. 3. Compensation. City agrees to compensate Consultant for each service which Consultant performs to the satisfaction of City in compliance with the scope of services set forth in Exhibit "A". Payment will be made only after submission of proper invoices in the form specified by City. Total payment to Consultant pursuant to this Agreement shall not exceed Twelve Thousand dollars ($12,000) without the prior written consent of the City. The above not to exceed amount shall include all costs, including, but not limited to, all clerical, administrative, overhead, telephone, travel and all related expenses. 4. Payment. A. Consultant shall submit to City an invoice monthly for the services completed, authorized expenses and authorized extra work actually performed or incurred. B. All such invoices shall state the basis for the amount invoiced, including services completed, the number of hours spent and any extra work performed. 4.3.a Packet Pg. 23 2 C. City will pay Consultant the amount properly invoiced within 35 days of receipt, but may withhold 30% of any invoice until all work is completed, which sum shall be paid within 35 days of completion of the work and receipt of all deliverables. D. Payment shall constitute payment in full for all services, authorized costs and authorized extra work covered by that invoice. 5. Change Orders. No payment for extra services caused by a change in the scope or complexity of work, or for any other reason, shall be made unless and until such extra services and a price therefore have been previously authorized in writing and approved by the City Manager or his designee as an amendment to this Agreement. The amendment shall set forth the changes of work, extension of time , if any, and adjustment of the fee to be paid by City to Consultant. 6. Priority of Documents. In the event of any inconsistency between the provisions of this Agreement and any attached exhibits, the provisions of this Agreement shall control. 7. Status as Independent Contractor. A. Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent, except as specifically provided herein. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant's employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner employees of City. B. Consultant agrees to pay all required taxes on amounts paid to Consultant under this Agreement, and to indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. In the event that C ity is audited by any Federal or State agency regarding the independent contractor status of Consultant and the audit in any way fails to sustain the validity of a wholly independent contractor relationship between City and Consultant, then Consultant agrees to reimburse City for all costs, including accounting and attorney's fees, arising out of such audit and any appeals relating thereto. C. Consultant shall fully comply with Workers' Compensation laws regarding Consultant and Consultant's employees. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with applicable Worker's Compensation laws. D. Consultant shall, at Consultant’s sole cost and expense fully secure and comply with all federal, state and local governmental permit or licensing 4.3.a Packet Pg. 24 3 requirements, including but not limited to the City of Diamond Bar, South Coast Air Quality Management District, and California Air Resources Board. E. In addition to any other remedies it may have, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification required by this Agreeme nt or for any amount or penalty levied against the City for Consultant’s failure to comply with this Section. 8. Standard of Performance. Consultant shall perform all work at the standard of care and skill ordinarily exercised by members of the professio n under similar conditions and represents that it and any subcontractors it may engage, possess any and all licenses which are required to perform the work contemplated by this Agreement and shall maintain all appropriate licenses during the performance of the work. 9. Indemnification. Consultant shall indemnify, defend with counsel approved by City, and hold harmless City, its officers, officials, employees and volunteers ("Indemnitees") from and against all liability, loss, damage, expense, cost (inc luding without limitation reasonable attorneys' fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with: (1) Any and all claims under Workers’ Compensation Act and other employee benefit acts with respect to Consultant’s employees or Consultant’s contractor’s employees arising out of Consultant’s work under this Agreement; and (2) Any and all claims arising out of Consultant's performance of work hereunder or its failure to comply with any of its obligations contained in this Agreement, regardless of City’s passive negligence, but excepting such loss or damage which is caused by the sole active negligence or willful misconduct of the C ity. Should City in its sole discretion find Consultant’s legal counsel unacceptable, then Consultant shall reimburse the City its costs of defense, including without limitation reasonable attorneys ' fees, expert fees and all other costs and fees of litigation. The Consultant shall promptly pay any final judgment rendered against the Indemnitees. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and incl usive as is permitted by the law of the State of California and will survive termination of this Agreement. Except for the Indemnitees, this Agreement shall not be construed to extend to any third party indemnification rights of any kind. 10. Insurance. A. Consultant shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, with an insurance company authorized to do business in the State of California and approved by the City the following insurance: 4.3.a Packet Pg. 25 4 (1) a policy or policies of broad-form comprehensive general liability insurance written on an occurrence basis with minimum limits of $1,000,000.00 combined single limit coverage against any injury, death, loss or damage as a result of wrongful or negligent acts by Consultant, its officers, employees, agents, and independent contractors in performance of services under this Agreement; (2) property damage insurance with a minimum limit of $500,000.00 per occurrence; (3) automotive liability insurance written on an occurrence basis covering all owned, non-owned and hired automobiles, with minimum combined single limits coverage of $1,000,000.00; and (4) Worker's Compensation insurance when required by law, with a minimum limit of $500,000.00 or the amount required by law, whichever is greater. B. The City, its officers, employees, agents, and volunteers shall be named as additional insureds on the policies as to comprehensive general liability, property damage, and automotive liability. The policies as to comprehensive general liability, property damage, and automobile liability shall provide that they are primary, and that any insurance maintained by the City shall be excess insurance only. C. All insurance policies shall provide that the insurance coverage shall not be non-renewed, canceled, reduced, or otherwise modified (except through the addition of additional insureds to the policy) by the insurance carrier without the insurance carrier giving City at least ten (10) days prior written notice thereof. Consultant agrees that it will not cancel, reduce or otherwise modify the insurance coverage and in the event of any of the same by the insurer to immediately notify the City. D. All policies of insurance shall cover the obligations of Consultant pursu ant to the terms of this Agreement and shall be issued by an insurance company which is authorized to do business in the State of California or which is approved in writing by the City; and shall be placed have a current A.M. Best's rating of no less than A-, VII. E. Consultant shall submit to City (1) insurance certificates indicating compliance with the minimum insurance requirements above, and (2) insurance policy endorsements or a copy of the insurance policy evidencing the additional insured requirements in this Agreement, in a form acceptable to the City. F. Self-Insured Retention/Deductibles. All policies required by this Agreement shall allow City, as additional insured, to satisfy the self -insured retention (“SIR”) and/or deductible of the policy in lieu of the Consultant (as the named insured) should Consultant fail to pay the SIR or deductible requirements. The amount of the SIR or deductible shall be subject to the approval of the City. Consultant understands and agrees that satisfaction of this requirement is an express condition precedent to the effectiveness of 4.3.a Packet Pg. 26 5 this Agreement. Failure by Consultant as primary insured to pay its SIR or deductible constitutes a material breach of this Agreement. Should City pay the SIR or deductible on Consultant’s due to such failure in order to secure defense and indemnification as an additional insured under the policy, City may include such amounts as damages in any action against Consultant for breach of this Agreement in addition to any other damages incurred by City due to the breach. G. Subrogation. With respect to any Workers' Compensation Insurance or Employer's Liability Insurance, the insurer shall waive all rights of subrogation and contribution it may have against the Indemnitees. H. Failure to Maintain Insurance. If Consultant fails to keep the insurance required under this Agreement in full force and effect, City may take out the necessary insurance and any premiums paid, plus 10% administrative overhead, shall be p aid by Consultant, which amounts may be deducted from any payments due Consultant. I. Consultant shall include all subcontractors, if any, as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor to the City for review and approval. All insurance for subcontractors shall be subject to all of the requirements stated herein. 11. Confidentiality. Consultant in the course of its duties may have access to confidential data of City, private individuals, or employees of the City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. Notwithstanding the foregoing, to the extent Consultant prepares reports of a proprietary nature specifically for and in connection with certain projects, the City shall not, except with Consultant's prior written consent, use the same for other unrelated projects. 12. Ownership of Materials. Except as specifically provided in this Agreement, all materials provided by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or lim itation upon its use or dissemination by City. Consultant may, however, make and retain such copies of said documents and materials as Consultant may desire. 13. Maintenance and Inspection of Records. In accordance with generally accepted accounting principles, Consultant and its subcontractors shall maintain reasonably full and complete books, documents, papers, accounting records, and other information (collectively, the “records”) pertaining to the costs of and completion of services performed under this Agreement. The City and any of their authorized representatives shall have access to and the right to audit and reproduce any of Consultant's records regarding the services provided under this Agr eement. Consultant 4.3.a Packet Pg. 27 6 shall maintain all such records for a period of at least three (3) years after termination or completion of this Agreement. Consultant agrees to make available all such records for inspection or audit at its offices during normal business hours and upon three (3) days' notice from the City, and copies thereof shall be furnished if requested. 13. Conflict of Interest. A. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest which would conflict in any manner with the performance of its services pursuant to this Agreement. B. Consultant covenants not to give or receive any compensation, monetary or otherwise, to or from the ultimate vendor(s) of hardware or software to City as a result of the performance of this Agreement. Consultant's covenant under this section shall survive the termination of this Agreement. 14. Termination. The City may terminate this Agreement with or without cause upon fifteen (15) days' written notice to Consultant. The effective date of termination shall be upon the date specified in the notice of termination, or, in the event no date is specified, upon the fifteenth (15th) day following delivery of the notice. In the event of such termination, City agrees to pay Consultant for services satisfactorily rendered prior to the effective date of termination. Immediately upon receiving written notice of termination, Consultant shall discontinue performing services, unless the notice provides otherwise, except those services reasonably necessary to effectuate the termination. The City shall be not liable for any claim of lost profits. 15. Personnel/Designated Person. Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. All of the services required under this Agreement will be performed by Consultant or under it supervision, and all personnel engaged in the work shall be qualified to perform such services. Except as provided in this Agreement, Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant's services under this Agreement, but City reserves the right in its sole discretion to require Consultant to exclude any employee from performing services on City's premises. 16. Non-Discrimination and Equal Employment Opportunity. A. Consultant shall not discriminate as to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation, in the performance of its services and duties pursuant to 4.3.a Packet Pg. 28 7 this Agreement, and will comply with all rules and regulations of City relating thereto. Such nondiscrimination shall include but not be limited to the following: employment, upgrading, demotion, transfers, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. B. Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. C. Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials. 17. Time of Completion. Reserved. 18. Time Is of the Essence. Time is of the essence in this Agreement. Consultant shall do all things necessary and incidental to the prosecution of Consultant's work. 19. Delays and Extensions of Time. Reserved. 20. Assignment. Consultant shall not assign or transfer any interest in this Agreement nor the performance of any of Consultant's obligations hereunder, without the prior written consent of City, and any attempt by Consultant to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. 21. Compliance with Laws. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state, and local governments. 22. Non-Waiver of Terms, Rights and Remedies. Waiver by either party of any one or more of the conditions of performance under this Agreement shall not be a waiver of any other condition of performance under this Agreement. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. 23. Attorney's Fees. In the event that either party to this Agreement shall commence any legal or equitable action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party in such action or proceeding shall be entitled to recover its costs of suit, including reasonable attorney's fees and costs, including costs of expert witnesses and consultants. 4.3.a Packet Pg. 29 8 24. Mediation. Any dispute or controversy arising under this Agreement, or in connection with any of the terms and conditions hereof, which cannot be resolved by the parties, may be referred by the parties hereto for mediation. A third party, neutral mediation service shall be selected, as agreed upon by the parties and the cos ts and expenses thereof shall be borne equally by the parties hereto. The parties agree to utilize their good faith efforts to resolve any such dispute or controversy so submitted to mediation. It is specifically understood and agreed by the parties hereto that mutual good faith efforts to resolve the same any dispute or controversy as provided herein, shall be a condition precedent to the institution of any action or proceeding, whether at law or in equity with respect to any such dispute or controversy. 25. Notices. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand during regular business hours or by facsimile before or during regular business hours; or (b) on th e third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore set forth in the Agreement, or to such other addresses as the parties may, from time to time, designate in writing pursuant to the provisions of this section. “CONSULTANT” “CITY” Regional Chamber of Commerce—SGV City of Diamond Bar 1722 Desire Avenue, Suite 207 21810 Copley Drive Rowland Heights, CA 91748 Diamond Bar, CA 91765-4178 Attn.: Executive Director Attn.: Dan Fox, City Manager Phone: (626) 810-8476 Phone: (909) 839-7010 E-Mail: info@regionalchambersgv.com E-mail:citymanager@diamondbarca.gov 26. Governing Law. This Agreement shall be interpreted, construed and enforced in accordance with the laws of the State of California. 27. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be deemed to be the original, and all of which together shall constitute one and the same instrument. 28. Entire Agreement. This Agreement, and any other documents incorporated herein by reference, represent the entire and integrated agreemen t between Consultant and City. This Agreement supersedes all prior oral or written negotiations, representations or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the parties which expressly refers to this Agreement. Amendments on behalf of the City will only be valid if signed by a person duly authorized to do so under the City's Purchasing Ordinance. 4.3.a Packet Pg. 30 9 IN WITNESS of this Agreement, the parties have executed this Agreement as of the date first written above. "Consultant" "City" Regional Chamber of Commerce – CITY OF DIAMOND BAR San Gabriel Valley By: By: Steve Tye, Mayor Printed Name: Title: By: ATTEST: Printed Name: Title: Kristina Santana, City Clerk Approved as to form: By: David DeBerry, City Attorney 4.3.a Packet Pg. 31 EXHIBIT “A” FY 2020-2021 CITY SERVICES CONTRACT REGIONAL CHAMBER OF COMMERCE OF THE SAN GABRIEL VALLEY SCOPE OF SERVICES July 1, 2020 through June 30, 2021 A. Chamber shall provide monthly administrative support for services to the City for promotion of City services, informational distribution and efforts to enhance the development of programs for the public benefit. Included in these programs are: Small Business Seminars, Business Expo, Business visitations and community outreach. B. City shall have a liaison position on the Chamber of Commerce Board of Directors. This position shall be appointed by the Mayor and shall either be a City Council Member including the Mayor or a City staff member. This position shall be a non-voting member of the Board for as long as the contract remains in effect. C. City shall be provided, at no cost, the following: Second Tier Banner Advertising on the Chamber website for as long as the contract remains in effect; and two complimentary passes to each Breakfast and Lun cheon event for as long as the contract remains in effect. D. Chamber shall continue development and promote the “Diamond Bar Business to Business” program to encourage Diamond Bar businesses t o purchase items from other businesses in Diamond Bar. At a minimum the program should contain the following elements: marketing information about existing businesses in Diamond Bar that can provide services to other businesses; and/or educational information about how sales tax dollars benefit the community. This program must be available to all businesses in Diamond Bar not just members of the Chamber of Commerce. There may be some difference in level of service for the program between Chamber and non-Chamber businesses. Chamber shall provide the City with quarterly reports indentifying all Diamond Bar Chamber and non-Chamber member businesses participating in the program. Upon request, the City will provide a list of active City businesses to the Chamber twice a year in order to support and enhance economic growth within the City of Diamond. E. Chamber shall coordinate with and assist City to development and promote a Shop Local campaign to encourage residents and day-time populations within the City to purchase items in Diamond Bar. At a minimum the program should contain the following elements: marketing information about existing businesses in Diamond Bar and educational information about how sales tax dollars benefit the community. 4.3.b Packet Pg. 32 Exhibit A – Scope of Services FY 2020-2021 Page 2 F. In a continued effort to promote businesses in Diamond Bar to the community and surrounding region, the Chamber shall conduct a minimum of three (3) grand opening ribbon cutting events in Diamond Bar. G. The Chamber shall conduct at least five (5) meetings/workshops to promote small business development, which may include one -on-one meetings with licensed business counselors, or partnerships with other agencies. The meetings/workshops will be open to the public, widely advertised, and of no charge to participants. The meetings/workshops should provide participants with information about writing a business plan, Small Business Administration financing, and developing a marketing plan. H. The Chamber, through its members and contacts in t he commercial real estate business, shall use its best efforts to be knowledgeable of all available commercial and office space in the City. To the extent possible, this commercial space availability shall be provided to the City Manager on a monthly basis. I. The Chamber, through its Professional Development Network, will conduct quarterly training and educational opportunities in Diamond Bar for Diamond Bar businesses. These opportunities shall be available for Chamber and non- Chamber members. Within thirty (30) days following these meetings, the Chamber shall cause a written report to be developed and submit ted to the City identifying each concern/issue raised by the business community and the individual or business which raised the issue. J. The Chamber shall assist the City with an annual Restaurant Week in Diamond Bar, by processing the participation applications as well as collecting and accounting of participation fees. The restaurant participation fees shall be retained by the Chamber. Chamber shall also coordinate and solicit any donations/sponsorships, and provide raffle prizes for Diamond Bar businesses to be distributed to restaurant patrons at the end of the program. The Chamber will be responsible for the cost and administration of the DBRW website, as well as content of their existing website and social media platforms to include information about Restaurant Week. The Chamber shall, wherever possible coordinate existing professional development events to take place a t Diamond Bar Restaurant Week participating restaurants, and participate in the official press conference for the event which takes place in October each year. K. Communications: Executive Director and City Manager and/or their designee will meet no less than quarterly to discuss issues impacting the business community including any information on specific businesses leaving the City, ideas to promote business retention and expansion in the City and opportunities to promote Diamond Bar and Diamond Bar businesses. 4.3.b Packet Pg. 33 Agenda #: 4.4 Meeting Date: September 15, 2020 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: BIENNIAL UPDATE TO THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Adopt Resolution No. 2020-39 amending the City's Conflict of Interest Code for Designated City Personnel. BACKGROUND/ANALYSIS: The Political Reform Act requires every local government agency to review its conflict of interest code biennially and make amendments if needed. Staff has reviewed Appendix A of the City’s Conflict of Interest Code and is recommending that the positions of Public Works Manager/Assistant City Engineer and Public Works Inspector to be added to the list of Designated Employees required to file Statements of Economic Interest. These reflect new positions that have been added since the last update. Staff is also recommending that the position titles “Facilities Maintenance Supervisor” be amended to “Maintenance Supervisor”, and “Parks and Maintenance Superintendent” be amended to “Maintenance Superintendent”, and that the position titles “Parks and Maintenance Supervisor” and “Street Maintenance Superintendent” be deleted. These reflect title changes that have been made since the last update. No other changes since the last update was approved in 2018 have been made. Adoption of the proposed resolution would replace and supersede Resolution No. 201 8- 38 in its entirety. LEGAL REVIEW: City Attorney has reviewed and approved the Resolution as to form. 4.4 Packet Pg. 34 PREPARED BY: REVIEWED BY: Attachments: 1. 4.4.a Resolution No. 2020-39 4.4 Packet Pg. 35 RESOLUTION NO. 2020-39 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING THE CITY'S CONFLICT OF INTEREST CODE FOR DESIGNATED CITY PERSONNEL WHEREAS, The City of Diamond Bar has heretofore enacted a Conflict of Interest Code for designated personnel; and WHEREAS, The Political Reform Act of 1974, California Government Code Sections 81000, et seq., requires the City to adopt amendments to its Conflict of Interest Code to ensure employees of the City are appropriately designated wh en new employees are added or changed circumstances occur with respect to job functions and to conduct a biennial review in each even numbered year of its Conflict of Interest Code to determine in any changes are necessary. NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and resolve as follows: Section 1. The City has completed its biennial review of the City’s Conflict of Interest Code. Section 2. Based on such review, the City's Conflict of Interest Code, as heretofore adopted, is hereby amended as shown in Exhibit "A" attached hereto setting forth designated employees and disclosure categories pertaining thereto. Section 3. Persons holding those designated positions in the attached Appendix A, shall file statements of economic interests pursuant to the Conflict of Interest Code (Title 2, California Code of Regulations, 18730 (4)-(5)). Section 4. Adoption of this Resolution shall supersede and replace City Council Resolution No. 2018-38 in its entirety. Section 5. The City Clerk shall certify to the adoption of this Resolution. PASSED, APPROVED AND ADOPTED this 15th day of September, 2020. ____________________________ Steve Tye, Mayor 4.4.a Packet Pg. 36 Resolution No. 2020-39 2 ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Resolution was passed, approved and adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of September, 2020, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ___________________________ Kristina Santana, City Clerk Attachments: Exhibit A – Conflict of Interest Code for Diamond Bar 4.4.a Packet Pg. 37 Resolution No. 2020-39 1 EXHIBIT A CONFLICT OF INTEREST CODE FOR THE CITY OF DIAMOND BAR The Political Reform Act, Government Code Section 81000, et. seq., requires state and local government agencies to adopt and promulgate conflict of interest codes. The Fair Political Practices Commission has adopted a regulation, 2 Cal. Code of Regs. Section 18730, which contains the terms of a standard conflict of int erest code. It can be incorporated by reference and may be amended by the Fair Political Practices Commission after public notice and hearings to conform to amendments in the Political Reform Act. Therefore, the terms of 2 Cal. Code of Regs. Section 1873 0 and any amendments to it duly adopted by the Fair Political Practices Commission are hereby incorporated by reference and, along with the attached Appendix in which members and employees are designated and disclosure categories are set forth, constitute the conflict of interest code of the City of Diamond Bar. Designated employees shall file statements of economic interests with the agency who will make the statements available for public inspection and reproduction. (Gov. Code Section 81008). Upon receipt of the statements of the City Council, Planning Commission and City Manager, the agency shall make and retain a copy and forward the original of these statements to the Fair Political Practices Commission. Statements for all other designated employees will be retained by the agency. Category 1 Persons in this category shall disclose all interests in real property within the jurisdiction of the City. Real property shall be deemed to be within the jurisdiction if it or any part of it is located not more than two miles outside the City's boundaries or within two miles of any land owned or used by the City. Category 2 Persons in this category shall disclose all income from and investments in the businesses which provide or sell services or supplies of the type associated with the job assignment and utilized by the City. In addition, as to any business entity in which the person or his or her spouse owns, directly, indirectly or beneficially, a ten percent or greater interest, the person shall disclose his or her pro rata share of the income and the sources of income of the entity if the entity provides or sells services or supplies of the type indicated in the first sentence of this paragraph. 4.4.a Packet Pg. 38 Resolution No. 2020-39 2 CONSULTANTS, AD HOC COMMITTEES, TASK FORCES AND SIMILAR GROUPS ** Commission Regulation 18700 defines "consultant" as an individu al who, pursuant to a contract with a state or local government agency: (A) Makes a governmental decision whether to: (i) Approve a rate, rule, or regulation; (ii) Adopt or enforce a law; (iii) Issue, deny, suspend, or revoke any permit, license, appli cation, certificate, approval, order, or similar authorization or entitlement; (iv) Authorize the agency to enter into, modify, or renew a contract provided it is the type of contract which requires agency approval; (v) Grant agency approval to a contract which requires agency approval and in which the agency is a party or to the specifications for such a contract; (vi) Grant agency approval to a plan, design, report, study, or similar item; (vii) Adopt, or grant agency approval of, policies, standards, or guidelines for the agency, or for any subdivision thereof; or (B) Serves in a staff capacity with the agency and in that capacity performs the same or substantially all the same duties for the agency that would otherwise be performed by an individual holding a position specified in the agency's Conflict of Interest Code. ** With respect to consultants, ad hoc committees, task forces and similar groups, the City Manager shall determine in writing if a particular consultant, ad hoc committee, task force or similar group performs a range of duties requiring disclosure hereunder. That determination shall include a description of the consultant's, ad hoc committee, taskforce's or similar group's duties and a statement of the extent of disclosure requirements. A copy of that determination shall be filed with the City Clerk and a copy forwarded to the City Council. 4.4.a Packet Pg. 39 Resolution No. 2020-39 3 82030. Income. (a) "Income" means, except as provided in subdivision (b), a payment received, including but not limited to any salary, wage, advance, dividend, interest, rent, proceeds from any sale, gift, including any gift of food or beverage, loan, forgiveness or payment of indebtedness received by the filer, reimburs ement for expenses, per diem, or contribution to an insurance or pension program paid by any person other than an employer, and including any community property interest in the income of a spouse. Income also includes an outstanding loan. Income of an individual also includes a pro rata share of any income of any business entity or trust in which the individual or spouse owns, directly, indirectly or beneficially, a ten (10) percent interest or greater. "Income," other than a gift, does not include income received from any source outside the jurisdiction and not doing business within the jurisdiction, not planning to do business within the jurisdiction, or not having done business within the jurisdiction during the two years prior to the time any statement or other action is required under this title. (b) "Income" also does not include: (1) Campaign contributions required to be reported under Chapter 4 (commencing with Section 84100). (2) Salary and reimbursement for expenses or per diem received from a state, local, or federal government agency and reimbursement for travel expenses and per diem received from a bona fide nonprofit entity exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. (See 26 U.S.C.A. §501.) (3) Any devise or inheritance. (4) Interest, dividends, or premiums on a time or demand deposit in a financial institution, shares, in a credit union or any insurance policy, payments received under any insurance policy, or any bond or other debt instrument issued by any government or government agency. (5) Dividends, interest, or any other return on a security which is registered with the Securities and Exchange Commission of the United States 4.4.a Packet Pg. 40 Resolution No. 2020-39 4 government or a commodity future registered with the Commodity Futures Trading Commission of the United States government, except proceeds from the sale of these securities and commodities futures. (6) Redemption of a mutual fund. (7) Alimony or child support payments. (8) Any loan or loans from a commercial lending institution wh ich are made in the lender's regular course of business on terms available to members of the public without regard to official status if: (A) The loan is secured by the principal residence of filer; or (B) The balance owed does not exceed ten thousand dollars ($10,000). (9) Any loan from or payments received on a loan mad e to an individual's spouse, child, parent, grandparent, grandchild, brother, sister, parent -in- law, brother-in-law, sister-in-law, nephew, niece, uncle, aunt, or first cousin, or the spouse of any such person, provided that a loan or loan payment received from any such person shall be considered income if he or she is acting as an agent or intermediary for any person not covered by this paragraph. (10) Any indebtedness created as part of a retail installment or credit card transaction if made in the lender's regular course of business on terms available to members of the public without regard to official status, so long as the balance owed to the creditor does not exceed ten thousand d ollars ($10,000). (11) Payments received under a defined benefit pension plan qualified under Internal Revenue Code Section 401(a). (See 26 U.S.C.A. §401.) (12) Proceeds from the sale of securities registered with the Securities and Exchange Commission of the United States government or from the sale of commodities futures registered with the Commodity Futures Trading Commission of the United States government if the filer sells the securities or the commodities futures on a stock or commodities exchange and does not know or have reason to k now the identity of the purchaser. 4.4.a Packet Pg. 41 Resolution No. 2020-39 5 APPENDIX A DESIGNATED EMPLOYEES DISCLOSURE CATEGORIES Assistant Engineer 1 Assistant Planner 1 Assistant City Manager 1, 2 Assistant to the City Manager 1 Associate Engineer 1 Associate Planner 1 Building Official 1, 2 City Clerk 1, 2 City Engineer/Public Works Director 1, 2 Community Development Director 1, 2 Deputy City Manager 1, 2 Finance Director 1, 2 Human Resources & Risk Manager 1 Information Systems Analyst 1 Information Systems Director 1, 2 Maintenance Superintendent 1 Maintenance Supervisor 1 Management Analyst 1 Network/Systems Administrator 1 Parks & Recreation Commission 1 Parks and Recreation Director 1, 2 Permit Services Coordinator 1 Public Information Coordinator 1 Public Information Manager 1 Public Works Inspector 1 Public Works Manager/Assistant City Engineer 1 Recreation Services Manager 1 Recreation Services Superintendent 1 Recreation Supervisor 1 Senior Accountant 1 Senior Civil Engineer 1 Senior Management Analyst 1 Senior Planner 1 Traffic & Transportation Commission 1 • NOTE: City Council, City Manager, City Attorney, Treasurer and Planning Commissioners are required to submit disclosure statements pursuant to State law (California Government Code Sections 87200, et. seq.), not this Code. 4.4.a Packet Pg. 42 Agenda #: 4.5 Meeting Date: September 15, 2020 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: SUPPORT FOR CA LEAGUE OF CALIFORNIA CITIES RESOLUTION AT THE 2020 ANNUAL CONFERENCE. STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: Authorize the City’s Delegates to support the proposed resolution at the League of CA Cities General Assembly Meeting. FINANCIAL IMPACT: None. BACKGROUND/DISCUSSION: The League of California Cities will be meeting virtually for the 2020 Annual Conference from October 7 - 9, 2020. Council Member Andrew Chou is the City’s Delegate and Council Member Ruth Low is the Alternate Delegate. Both Council Members will be able to attend the conference. As the City’s Delegate, Council Member Chou will have the opportunity to vote on matters presented at the General Assembly Meeting during the conference. Council Member Low, as the Alternate Delegate, will have the opportunity to vote should Council Member Chou be unavailable. This year, there is one Resolution that is being presented for vote at the General Assembly meeting calling for amendments to federal regulations to require social media companies to remove material which promote criminal activities (Attachment 1). More specifically, the resolution call upon the U.S. Congress to amend Section 230 of the Communications Decency Act of 1996 to condition immunity from civil liability on the following: 1. Online platforms must establish and implement a reasonable program to identify and take down content which solicits criminal activity; 4.5 Packet Pg. 43 2. Online platforms must provide to law enforcement information which will assist in the identification and apprehension of persons who use the services of the platform to solicit and to engage in criminal activity; and 3. An online platform that willfully or negligently fails in either of these duties is not immune from enforcement of state and local laws which impose criminal or civil liability for such failure. The Resolution is sponsored by the City of Cerritos in reaction to events that played out across the country earlier this summer whereby persons utilized social media platforms to coordinate locations, dates, and times for their planned looting and vandalism of businesses. Consequently, the city felt compelled to undertake measures to protect the Cerritos Mall, costing thousands of dollars to guard against what officials believed to be a credible threat. Both Council Members Chou and Low, as the City’s delegate/alternate, have reviewed and are in support of the proposed resolution. It is recommended that the Council support the Resolution so that Council Member Chou, or Council Member Low as the alternate, can represent the City’s position at the General Assembly Meeting. PREPARED BY: REVIEWED BY: Attachments: 1. 4.5.a CA League 2020 Resolution Packet 4.5 Packet Pg. 44 Annual Conference Resolutions Packet 2020 Annual Conference Resolutions October 7 – 9, 2020 4.5.a Packet Pg. 45 INFORMATION AND PROCEDURES RESOLUTIONS CONTAINED IN THIS PACKET: The League bylaws provide that resolutions shall be referred by the president to an appropriate policy committee for review and recommendation. Resolutions with committee recommendations shall then be considered by the General Resolutions Committee at the Annual Conference. This year, one resolut ion has been introduced for consideration at the Annual Conference and referred to League policy committees. POLICY COMMITTEES: Two policy committees will meet virtually at the Annual Conference to consider and take action on the resolution referred to them. The committees are: Governance, Transparency & Labor Relations and Public Safety. These committees will meet virtually on Tuesday, September 29, with the Governance, Transparency and Labor Relations Policy Committee meeting from 9:30 – 11:30 a.m. and the Public Safety Policy Committee meeting from 1:00 – 3:00 p.m. The sponsor of the resolution has been notified of the t ime and location of the meeting. GENERAL RESOLUTIONS COMMITTEE: This committee will meet virtually at 1:00 p.m. on Thursday, October 8, to consider the reports of the policy committees regarding the resolutions. This committee includes one representative from each of the League’s regional divisions, functional departments and standing policy committees, as well as other individuals appointed by the League president. GENERAL ASSEMBLY: This meeting will be held virtually at 11:00 a.m. on Friday, October 9. PETITIONED RESOLUTIONS: For those issues that develop after the normal 60-day deadline, a resolution may be introduced at the Annual Conference with a petition signed by designated voting delegates of 10 percent of all member cities (48 valid signatures required) and presented to the Voting Delegates Desk at least 24 hours prior to the time set for convening the Annual Business Meeting of the General Assembly. This year, that deadline is 12:30 p.m., Thursday, October 8. Any questions concerning the resolutions procedures may be directed to Meg Desmond at the League office: mdesmond@cacities.org or (916) 658-8224 1 4.5.a Packet Pg. 46 GUIDELINES FOR ANNUAL CONFERENCE RESOLUTIONS Policy development is a vital and ongoing process within the League. The principal means for deciding policy on the important issues facing cities is through the League’s seven standing policy committees and the board of directors. The process allows for timely consideration of issues in a changing environment and assures city officials the opportunity to both initiate and influence policy decisions. Annual conference resolutions constitute an additional way to develop League policy. Resolutions should adhere to the following criteria. Guidelines for Annual Conference Resolutions 1. Only issues that have a direct bearing on municipal affairs should be considered or adopted at the Annual Conference. 2. The issue is not of a purely local or regional concern. 3. The recommended policy should not simply restate existing League policy. 4. The resolution should be directed at achieving one of the following objectives: (a) Focus public or media attention on an issue of major importance to cities. (b) Establish a new direction for League policy by establishing general principals around which more detailed policies may be developed by policy committees and the board of directors. (c) Consider important issues not adequately addressed by the policy committees and board of directors. (d) Amend the League bylaws (requires 2/3 vote at General Assembly). 2 4.5.a Packet Pg. 47 KEY TO ACTIONS TAKEN ON RESOLUTIONS Resolutions have been grouped by policy committees to which they have been assigned. Number Key Word Index Reviewing Body Action 1 2 3 1 - Policy Committee Recommendation to General Resolutions Committee 2 - General Resolutions Committee 3 - General Assembly GOVERNANCE, TRANSPARENCY & LABOR RELATIONS POLICY COMMITTEE 1 2 3 1 Amendment to Section 230 of The Communications Decency Act of 1996 PUBLIC SAFETY POLICY COMMMITTEE 1 2 3 1 Amendment to Section 230 of The Communications Decency Act of 1996 3 4.5.a Packet Pg. 48 KEY TO ACTIONS TAKEN ON RESOLUTIONS (Continued) Resolutions have been grouped by policy committees to which they have been assigned. KEY TO REVIEWING BODIES KEY TO ACTIONS TAKEN 1. Policy Committee A Approve 2. General Resolutions Committee D Disapprove 3. General Assembly N No Action R Refer to appropriate policy committee for study ACTION FOOTNOTES a Amend+ * Subject matter covered in another resolution Aa Approve as amended+ ** Existing League policy Aaa Approve with additional amendment(s)+ *** Local authority presently exists Ra Refer as amended to appropriate policy committee for study+ Raa Additional amendments and refer+ Da Amend (for clarity or brevity) and Disapprove+ Na Amend (for clarity or brevity) and take No Action+ W Withdrawn by Sponsor Procedural Note: The League of California Cities resolution process at the Annual Conference is guided by the League Bylaws. A helpful explanation of this process can be found on the League’s website by clicking on this link: Resolution Process. 4 4.5.a Packet Pg. 49 1. A RESOLUTION OF THE GENERAL ASSEMBLY OF THE LEAGUE OF CALIFORNIA CITIES CALLING FOR AN AMENDMENT OF SECTION 230 OF THE COMMUNICATIONS DECENCY ACT OF 1996 TO REQUIRE SOCIAL MEDIA COMPANIES TO REMOVE MATERIALS WHICH PROMOTE CRIMINAL ACTIVITIES Source: City of Cerritos Concurrence of five or more cities/city officials Cities: City of Hawaiian Gardens, City of Lakewood, City of Ontario, City of Rancho Cucamonga, City of Roseville Referred to: Governance, Transparency and Labor Relations and Public Safety Policy Committees WHEREAS, local law enforcement agencies seek to protect their communities’ residents, businesses, and property owners from crime; and WHEREAS, increasingly, criminals use social media platforms to post notices of places, dates and times for their followers to meet to commit crimes; and WHEREAS, Section 230 of the Communications Decency Act of 1996 currently provides online platforms (including social media platforms) immunity from civil liability based on third -party content and for the removal of content; and WHEREAS, in the 25 years since Section 230’s enactment, online platforms no longer function simply as forums for the posting of third-party content but rather use sophisticated algorithms to promote content and to connect users; and WHEREAS, the United States Department of Justice, in its June 2020 report, “Section 230 — Nurturing Innovation or Fostering Unaccountability?,” concluded the expansive interpretation courts have given Section 230 has left online platforms immune from a wide array of illicit activity on their services, with litt le transparency or accountability, noting it “makes little sense ” to immunize from civil liability an online platform that purposefully facilitates or solicits third -party content or activity that violates federal criminal law; and WHEREAS, current court precedent interpreting Section 230 also precludes state and local jurisdictions from enforcing criminal laws against such online platforms that, while not actually performing unlawful activities, facilitate them; and WHEREAS, amendment of Section 230 is necessary to clarify that online platforms are not immune from civil liability for promoting criminal activities; and NOW, THEREFORE, BE IT RESOLVED at the League General Assembly, assembled at the League Annual Conference on October 9, 2020 in Long Beach, California, that the League calls upon the U.S. Congress to amend Section 230 of the Communications Decency Act of 1996 to condition immunity from civil liability on the following: 5 4.5.a Packet Pg. 50 1. Online platforms must establish and implement a reasonable program to identify and take down content which solicits criminal activity; and 2. Online platforms must provide to law enforcement information which will assist in the identification and apprehension of persons who use the services of the platform to solicit and to engage in criminal activity; and 3. An online platform that willfully or negligently fails in either of these duties is not immune from enforcement of state and local laws which impose criminal or civil liability for such failure. 6 4.5.a Packet Pg. 51 Background Information to Resolution Source: City of Cerritos Background: Social media platforms are now used as a pr imary means o f communication, including by criminals who use them to advertise locations, dates, and times where the criminal acts will take place. Such co mmunications, because they occur online, render the online platform immune from any civil liability for the costs incurred by law enforcement agencies that respond under Section 230 of the Communications Decency Act of 1996. Immunity from civil liability extends even to injunctive relief, t hus pr even ting local go vernments from merely seeking an injunction against the online platform to have such a post removed. The City of Cerritos supports the rights of free speech and assembly guaranteed under the First Amendment, but believes cities should have t he ability t o hold social media companies liable for their role in promoting criminal acts. Recently, the City suffered thousands of do llars in damages to respond to online threats that the Cerritos Mall would be looted. Anonymous posts on Instagram.com invited followers to “work together to loot Cerritos [M]all” only several days after the Lakewood Mall had been looted, causing thousands of dollars in damages. The posts were made under the names “cerritosmalllooting” and “cantstopusall,” among others. The City of Cerritos had no choice but to initiate response to protect the Mall and the public from this credible threat. At the same time local governments face historic shortfalls owing to the economic effects of COVID-19, the nation’s social media platforms are seeing a record rise in profits. The broad immunity provided by Section 230 is completely untenable. Online platforms should be held responsible—and liable—for the direct harm they facilitate. Local governments are in no position to bear the costs of the crimes facilitated by these companies alone. Congress is currently reviewing antitrust legislation and by extension, Section 230’s immunity provisions. The League urges Congress to amend Section 230 to limit the immunity provided to online platforms when they promote criminal act ivity to provide local governments some measurable form of relief. 7 4.5.a Packet Pg. 52 League of California Cities Staff Analysis on Resolution No. 1 Staff: Charles Harvey, Legislative Representative Bijan Mehryar, Legislative Representative Caroline Cirrincione, Policy Analyst Johnnie Piña, Policy Analyst Committees: Governance, Transparency and Labor Relations Public Safety Summary: This resolution states that the League of California Cities should urge Congress to amend Section 230 of the federal Communications Decency Act of 1996 (CDA) to limit the immunity provided to online platforms where their forums enable criminal activity to be promoted. Ultimately, the policy objectives proposed under this resolution, if enacted, would incentivize social media companies to establish and implement a reasonable program to identify and remove content that solicits criminal activity. Background: The City of Cerritos is sponsoring this resolution in reaction to events whereby persons, using social media platforms to coordinate locations, dates, and times for their planned criminal activity, have committed acts of looting and vandalism resulting in both actual economic harm for targeted businesses, and pecuniary loss to cities who used resources to prevent such acts from occurring when such plans are discovered. For example, just days after the Lakewood Mall had been looted, the City of Cerritos uncovered online communications via social media that persons were planning to target the nearby Cerritos Mall. Consequently, the city felt compelled to undertake measures to protect the Cerritos Mall, costing the city thousands of dollars to guard against what officials believed to be a credible threat. Staff Comments: Overview: While there is certainly an argument to substantiate concerns around censorship, the use of social media as a tool for organizing violence is equally disturbing. Throughout much of the 2020 Summer, there have been many reports of looting happening across the country during what were otherwise mostly peaceful demonstrations. Combined with the speculation of who is really behind the looting and why, the mayhem has usurped the message of peaceful protestors, causing a great deal of property damage in the process. Likewise, these criminal actions have upended the livelihood of some small business owners, many of whom were already reeling in the wake of the COVID-19 pandemic. 8 4.5.a Packet Pg. 53 While social media allows people to connect in real time with others all over the world, organized illegal activity using social media is made easier by the anonymous nature of virtual interactions. Nation’s Reaction to the Murder of George Floyd: Shortly after the senseless killing of George Floyd by law enforcement on May 26, 2020, civil unrest began as local protests in the Minneapolis–Saint Paul metropolitan area of Minnesota before quickly spreading nationwide to more than 2,000 cities and towns across the United States, and in approximately 60 countries in support of the Black Lives Matter movement. Protests unfolded across the country throughout the entire month of June and into July, and persisted in a handful of cities such as Portland and Seattle into the month of August . Although the majority of protests were peaceful, some demonstrations in cities escalated into riots, looting, and street skirmishes with police. While much of the nation’s focus has been on addressing police misconduct, police brutality, and systemic racism, some have used demonstrators’ peaceful protests on these topics as opportunities to loot and/or vandalize businesses, almost exclusively under the guise of the “Black Lives Matter” movement. It has been uncovered that these “flash robs”1 were coordinated through the use of social media. The spontaneity and speed of the attacks enabled by social media make it challenging for the police to stop these criminal events as they are occurring, let alone prevent them from commencing altogether. As these events started occurring across the country, investigators quickly began combing through Facebook, Twitter, and Instagram seeking to identify potentially violent extremists, looters, and vandals and finding ways to charge them after — and in some cases before — they sow chaos. While this technique has alarmed civil liberties advocates, who argue the strategy could negatively impact online speech, law enforcement officials claim it aligns with investigation strategies employed in the past. Section 230 and other Constitutional Concerns At its core, Section 230(c)(1) of the CDA provides immunity from liability for providers and users of an “interactive computer service” who publish information provided by third-party users. Essentially, this protects websites from lawsuits if a user posts something illegal, although there are exceptions for copyright violations, sex work-related material, and violations of federal criminal law. Protections from Section 230 have come under more recent scrutiny on issues related to hate speech and ideological biases in relation to the influence technology companies can hold on political discussions. Setting aside Section 230, there are some potential constitutional issues one could raise, should there be an attempt to implement such a resolution into statute. 1 The “flash robs” phenomenon—where social media is used to organize groups of teens and young adults to quickly ransack and loot various retail stores—began to occur sporadically throughout the United States over the past ten years. 9 4.5.a Packet Pg. 54 In the United States, the First Amendment prohibits the government from restricting most forms of speech, which would include many proposals to force tech companies to moderate content. While “illegal” types of speech enjoy limited or no First Amendment protection, the line for delineating between “legal” and “illegal” speech is very difficult to determine. Consequently, one would expect online platforms to push back on whether there is a constitutionally feasible way for them to “identify” protected speech versus unprotected speech, or whether there is a feasible way to define “content which solicits criminal activity.” A law requiring companies to moderate content based on the political viewpoint it expresses, for example, would likely be struck down as unconstitutional. Nonetheless, private companies can create rules to restrict speech if they so choose. Online platforms sometimes argue they have constitutionally-protected First Amendment rights in their “editorial activity,” and therefore, it violates their constitutional rights to require them to monitor (i.e., “identify and take down”) content that may be protected under the First Amendment. They may also argue, along the same lines, that the government may not condition the granting of a privilege (i.e., immunity) on doing things that amount to a violation of their first amendment rights. This is why Facebook and Twitter ban hate speech and other verifiably false information, for example, even though such speech is permitted under the First Amendment. With respect to privacy and the Fourth Amendment, online platforms may argue that requiring them to “provide to law enforcement information that will assist in the identification and apprehension of persons who use the services of the platform to solicit and to engage in criminal activity,” turns them into government actors that search users’ accounts without a warrant based on probable cause, in violation of the Fourth Amendment. Industry Perspective Unsurprisingly, industry stakeholders have strong opinions for what such changes could mean for their respective business models. For instance, a Facebook spokesperson recently noted in a Fortune article that, “By exposing companies to potential liability for everything that billions of people around the world say, this would penalize companies that choose to allow controversial speech and encourage platforms to censor anything that might offend anyone.” The article acknowledges that in recent years, both political parties have put social media companies under increased scrutiny, but they are not unified in their stated concerns. While Republicans accuse the companies of unfairly censoring their post, Democrats complain that these companies fail to do enough to block misinformation, violent content, and hate speech. The article concludes that there is no way companies like Facebook and Twitter could operate without Section 230, and that the removal of this section would thereby “eliminate social media as we know it.” Recent Federal Action on Social Media The President recently issued an Executive Order on Preventing Online Censorship. In it, he notes the following: 10 4.5.a Packet Pg. 55 “The growth of online platforms in recent years raises important questions about applying the ideals of the First Amendment to modern communications technology. Today, many Americans follow the news, stay in touch with friends and family, and share their views on current events through social media and other online platforms. As a result, these platforms function in many ways as a 21st century equivalent of the public square. Twitter, Facebook, Instagram, and YouTube wield immense, if not unprecedented, power to shape the interpretation of public events; to censor, delete, or disappear information; and to control what people see or do not see.” Ultimately the President implores the U.S. Attorney General to develop a proposal for federal legislation that “would be useful to promote the policy objectives of this order.” The President is not subtle in communicating his desire to ultimately see legislation heavily slanted toward the preservation of free speech on social media, which some interpret as a maneuver to preempt Twitt er and Facebook from regulating speech they otherwise deem as hateful or demonstrably false. Considerations for Congress Courts have generally construed Section 230 to grant internet service providers broad immunity for hosting others’ content. Many have claimed that Section 230’s immunity provisions were critical to the development of the modern internet, and some continue to defend Section 230’s broad scope. But simultaneously, a variety of commentators and legislators have questioned whether those immunity provisions should now be narrowed, given that the internet looks much different today than it did in 1996 when Section 230 was first enacted. One way for Congress to narrow Section 230’s liability shield would be to create additional exceptions, as it did with FOSTA and SESTA2. If a lawsuit does not fall into one of the express exceptions contained in Section 230(e)3, courts may have to engage in a highly fact-specific inquiry to determine whether Section 230 immunity applies: Section 230(c)(1) immunity will be inapplicable if the provider itself has developed or helped to develop the disputed content, while Section 230(c)(2) immunity may not apply if a service provider’s decision to restrict access to content was not made in good faith. Date Storage and Usage Considerations for Cities Section 2 of the conditions the resolution applies to civil immunity requires that online platforms provide relevant information to law enforcement to assist in the identification and apprehension of persons who use the services of the platform to solicit and to engage in criminal activity. This section would most likely require the development of new procedures and protocols that govern law enforcements usage and retention of such information. Those new policies and procedures would undoubtedly raise privacy concerns depending on how wide the latitude is for law 2 The Fight Online Sex Trafficking Act (FOSTA) and the Stop Enabling Sex Traffickers Act (SESTA) create an exception to Section 230 that means website publishers would be responsible if third parties are found to be posting ads for prostitution — including consensual sex work — on their platforms. 3 Section 230(e) says that Section 230 will not apply to: (1) federal criminal laws; (2) intellectual property laws; (3) any state law that is “consistent with” Section 230; (4) the Electronic Communications Privacy Act of 1986; and (5) civil actions or state prosecutions where the underlying conduct violates federal law prohibiting sex trafficking. 11 4.5.a Packet Pg. 56 enforcement to request such information. In those circumstances cities could end up themselves incurring new liability for the governance of data that could either violate certain privacy rules o r increase their data governance costs. Fiscal Impact: Unlike the costly resources needed to support or oppose a ballot measure, a federal resolution from the League of California Cities that simply urges Congress to undertake certain action should have a negligible fiscal impact, if any monetary impact at all. Regarding cities, if social media had no immunity for its failure to police content that solicits criminal activity, then an individual city could theoretically save thousands if not millions of dollars, depending on its size and other subjective circumstances. Collectively, cities across the country could potentially save at least hundreds of millions between redress for actual economic harm suffered and/or the cost of preventative measures taken to stop criminal activity from occurring in the first place. Conversely, if social media platforms were to shut down, due to an inability to comply with a policy requirement to regulate speech on the internet, it is unclear on how cities might be impacted from a fiscal standpoint. Existing League Policy: Public Safety: Law Enforcement The League supports the promotion of public safety through: • Stiffer penalties for violent offenders, and • Protecting state Citizens’ Option for Public Safety (COPS) and federal Community Oriented Police Services (COPS) funding and advocating for additional funding for local agencies to recoup the costs of crime and increase community safety. Violence The League supports the reduction of violence through strategies that address gang violence, domestic violence, and youth access to tools of violence, including but not limited to firearms, knives, etc. The League supports the use of local, state, and federal collaborative prevention and intervention methods to reduce youth and gang violence. Governance, Transparency & Labor Relations: Private Sector Liability The League will work closely with private sector representatives to evaluate the potential for League support of civil justice reform measures designed to improve the business climate in California. These measures should be evaluated on a case-by-case basis through the League police process. 12 4.5.a Packet Pg. 57 Questions to Consider: Many cities obviously believe that creating civil liability for social media platforms—due to their role in providing the communication mediums for those who organize looting attacks— is key to deterring this organized criminal activity. If such a change was actually passed by Congress, it would force social media to essentially police every conversation on stakeholders’ respective platforms, putting immense pressure on the industry to make subjective determinations about what conversations are appropriate and what are unacceptable. At the end of the day, there are a few questions to consider in assessing this proposed resolution: 1) What would this resolution’s impact be on free speech and government censorship? 2) What are the expectations for cities when they receive information from a social media platform about a potentially credible threat in their respective communities? Does a city become liable for having information from a social media platform and the threat occurs? 3) What would the costs be to develop and maintain new data governance policies, including data infrastructure, to store this information? 4) What is the role of the League in engaging in issues relating to someone’s privacy? Support: The following letters of concurrence were received: City of Hawaiian Gardens City of Lakewood City of Ontario City of Rancho Cucamonga City of Roseville 13 4.5.a Packet Pg. 58 LETTERS OF CONCURRENCE Resolution No. 1 Amendment to Section 230 of the Communications Decency Act of 1996 14 4.5.a Packet Pg. 59 154.5.aPacket Pg. 60 164.5.aPacket Pg. 61 174.5.aPacket Pg. 62 184.5.aPacket Pg. 63 194.5.aPacket Pg. 64 Agenda #: 5.1 Meeting Date: September 15, 2020 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: ZONE CHANGE AND DEVELOPMENT REVIEW FOR NEW SINGLE FAMILY RESIDENCE LOCATED AT 1111 N. DIAMOND BAR BLVD., DIAMOND BAR (PLANNING CASE NO. PL2015-253). STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: A. Open the public hearing to take testimony from the public regarding all land use entitlements; B. Close the public hearing; C. Approve for First Reading by title only, waive full reading of Ordinance No. 01 (2020) adopting Zone Change to modify the existing zoning from Neighborhood Commercial (C-1) to Low Density Residential (RL), and schedule the Second Reading for the October 6, 2020 City Council meeting; and D. Adopt Resolution No. 2020-40 approving the Development Review application based on the Findings of Fact, and subject to the Conditions of Approval contained therein. FINANCIAL IMPACT: No financial impact. BACKGROUND: On July 21, 2020, in response to complaints that the GoToWebinar platform was not working properly for some members of the public wishing to speak during the previous Planning Commission hearing on June 23, 2020, and the July 21, 2020 City Council hearing, the City Council remanded the matter back to the Planning Commission for a physical in-person public hearing. The City Council staff report and minutes from the 5.1 Packet Pg. 65 July 21, 2020 hearing are included as Attachments 5 and 6, respectively. The Planning Commission reheard the matter on August 25, 2020 in the Windmill Community Room at City Hall. By a 4-1 vote, the Commission again recommended that the City Council approve the requested Zone Change and Development Review applications. The Planning Commission staff report and draft minutes from the August 25, 2020 hearing are included as Attachments 7 and 8, respectively. PROJECT SUMMARY: The applicant proposes to construct a new 4,333 square-foot, two-story single family residence, approximately 29 feet in height, with a 748 square -foot three-car garage, on a vacant and undeveloped 11,225 square-foot (0.26 acre) parcel located on the north side of N. Diamond Bar Blvd., between Soltaire Street and Highland Valley Road. The following entitlements are being requested: • Zone Change (ZC) to modify the existing zoning designation from Neighborhood Commercial (C-1) to Low Density Residential (RL), to be consistent with the underlying Low Density Residential General Plan land use designation; and • Development Review (DR) to approve the site and architectural design of a new 4,333 square-foot, two-story single-family residence to ensure consistency with the General Plan, Development Code, and compliance with all applicable design guidelines and standards. Please refer to the original Planning Commission staff report dated June 23, 2020 (Attachment 3) for a detailed analysis on the project. Planning Commission Recommendation On August 25, 2020, the Planning Commission conducted a noticed public hearing to reconsider the proposed project in person. Five members of the public spoke (four of whom did not speak at the previous Planning Commission hearing), all in opposition to the project. The staff report and draft minutes from the August 25, 2020 Planning Commission hearing are included as Attachments 7 and 8, respectively. By a 4-1 vote, the Commission again recommended that the City Council approve the requested Zone Change and Development Review applications without modifications to the project design, or any other amendments to the recommendations originally forwarded to the City Council on June 23, 2020. ENVIRONMENTAL ASSESSMENT: The Project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the Project to be exempt from CEQA under the CEQA Guidelines Sections 15303(a)(construction 5.1 Packet Pg. 66 of a new single-family residence) and 15061(b)(3) in that “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The site is a vacant and unimproved lot. The Zone Change will allow the site to be developed with a new two-story single-family residence to be consistent with the General Plan land use designation. Therefore, no further environmental review is required. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 1,000 -foot radius of the Project site on August 31, 2020. The notice was also published in the San Gabriel Valley Tribune newspaper on September 4, 2020. The Project Site was posted with a notice display board, and a copy of the public notice was posted at the City’s four designated community posting sites. LEGAL REVIEW: The City Attorney has reviewed and approved the Ordinance and Resolution as to form. PREPARED BY: REVIEWED BY: Attachments: 1. 5.1.a Draft Ordinance No. 01 (2020) (Approval of ZC) 2. 5.1.b Draft Resolution No. 2020-40 (Approval of DR) and Standard Conditions of Approval 3. 5.1.c Planning Commission Staff Report - June 23, 2020 (without attachments) 4. 5.1.d Minutes from the June 23, 2020 Planning Commission Hearing 5. 5.1.e City Council Staff Report - July 21, 2020 (without attachments) 6. 5.1.f Minutes from the July 21, 2020 City Council Hearing 7. 5.1.g Planning Commission Staff Report - August 25, 2020 (without attachments) 8. 5.1.h Draft Minutes from the August 25, 2020 Planning Commission Hearing 9. 5.1.i Site, Architectural, Conceptual Grading and Landscape Plans 5.1 Packet Pg. 67 10. 5.1.j Written Comments Received from the Public 5.1 Packet Pg. 68 ORDINANCE NO. 01 (2020) AN ORDINANCE OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING ZONE CHANGE PLANNING CASE NO. PL2015-253 TO AMEND THE EXISTING ZONING DISTRICT FROM NEIGHBORHOOD COMMERCIAL (C-1) TO LOW DENSITY RESIDENTIAL (RL) FOR THE 0.26-ACRE PROPERTY LOCATED AT 1111 N. DIAMOND BAR BOULEVARD, DIAMOND BAR, CALIFORNIA (ASSESSOR’S PARCEL NO. 8706-008-013). A. RECITALS 1. The property owner, James Chin Chou (Trustee), and applicant, Creative Design Associates, filed an application for the following entitlements: (1) Zone Change to modify the existing zoning district from Commercial (C-1) to Low Density Residential (RL); and (2) Development Review to construct a new 4,333 square-foot, two-story, new single family residence located at 1111 N. Diamond Bar Boulevard, City of Diamond Bar, Los Angeles County, California (“Project Site”). 2. California Government Code Section 65860 requires the City’s ordinance to be consistent with the General Plan. The Zone Change results in the General Plan land use designation and zoning district on the subject property to be in conformance with each other. 3. The subject property is made up of one parcel totaling 11,225 square feet (0.26 acre). It is located in the Neighborhood Commercial (C-1) zone with an underlying General Plan land use designation of Low Density Residential (RL). 4. The proposed Zone Change on the Subject Property is exempt from the California Environmental Quality Act (CEQA), as prescribed under CEQA Guidelines Sections 15303(a) (construction of a new single-family residence) and 15061(b)(3) in that “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The modification will rectify an existing inconsistency between the General Plan and Zoning Maps, and allow for development of a single family residence. Therefore, no further environmental review is required. 5. On July 10, 2020, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper. Public hearing notices were mailed to property owners within a 1,000-foot radius of the project site and public notices were posted at the City’s four designated 5.1.a Packet Pg. 69 2 community posting sites on July 6, 2020. In addition to the posted and mailed notices, the project site was posted with a display board. 6. On March 24, 2020, the Planning Commission hearing was cancelled due to the State and County COVID-19 shelter-in-place orders. On April 28, 2020, the project was postponed to the June 23, 2020 hear ing. The applicant provided written consent to delay the hearing for up to 90 days, which is the maximum extensions allowable under the Permit Streamlining Act (Gov. Code §65957). 7. On June 12, 2020, public hearing notices were mailed to property owners within a 1,000-foot radius of the Project site. On June 12, 2020, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper. A notice display board was posted at the site, and a copy of the notice was posted at the City's four designated community posting sites. 8. On June 23, 2020, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, concluded said hearing, and by a 4-1 vote, recommended that the City Council approve the Project. 9. On July 21, 2020, the City Council of the City of Diamond Bar conducted a duly-noticed public hearing, solicited testimony from all interested individuals, and by a 3-2 vote, remanded the matter back to the Planning Commission for a physical public hearing to enable the public to provide testimony on the proposed project in person. 10. On August 25, 2020, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, concluded said hearing, and again recommended, by a 4-1 vote, that the City Council approve the Project. 11. On September 15, 2020, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 12. The City Council has determined that the proposed Zone Change represents a consistent, logical, appropriate and rational land use designation and implementing tool that furthers the goals and objectives of the City of Diamond Bar General Plan. 13. The documents and materials constituting the administrative record of the proceedings upon which the City’s decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765. 5.1.a Packet Pg. 70 3 NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby ordain as follows: SECTION 1. That all of the facts set forth in the Recitals, Part A, of this Ordinance are true and correct. SECTION 2. The City Council does hereby find, as required by Municipal Code Section 22.70.050 and in conformance with California Government Code Section 65853 and 65860, that the Zone Change for Planning Case No. PL2015-253 is consistent with the General Plan, as follows: a. The amendment to the Zoning Map is internally consistent with the General Plan and other adopted goals and policies of the City. b. The Zoning Map does not currently reflect the General Plan land use designation for the property. Zone Change Planning Case No. PL2015-253 will place the City’s Zoning Map in conformance with the General Plan land use designation of Low Density Residential (RL). SECTION 3. The Community Development Director shall modify the Official Zoning Map in accordance with this Ordinance to indicate thereon that the real property located at 1111 N. Diamond Bar Boulevard as attached herein as Exhibit A, is designated as Low Density Residential (RL). SECTION 4. The City Clerk shall certify to the passage and adoption of this Ordinance, causing it to be published as required by law, and it shall be effective thirty dates after its adoption. SECTION 5. The City shall forthwith transmit a certified copies of this Ordinance, by certified mail, to: James Chin Chou, 1359 Bentley Court, West Covina, CA 91791. PASSED, APPROVED AND ADOPTED this ____ day of ________, 2020, by the City Council of the City of Diamond Bar. By: _______________________ Steve Tye, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was duly introduced at a regular meeting of the City Council held on the 15th day of September, 2020, and was duly adopted at a regular meeting of the 5.1.a Packet Pg. 71 4 City Council of the City of Diamond Bar held on the ___ day of ______, 2020, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: __________________________ Kristina Santana, City Clerk Exhibit A: Amended Zoning Map 5.1.a Packet Pg. 72 5 Exhibit A 5.1.a Packet Pg. 73 RESOLUTION NO. 2020-40 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, APPROVING DEVELOPMENT REVIEW NO. PL2015-253 TO CONSTRUCT A NEW 4,333 SQUARE-FOOT, TWO-STORY SINGLE-FAMILY RESIDENCE WITH AN ATTACHED 748 SQUARE-FOOT THREE-CAR GARAGE ON A 0.26 ACRE LOT LOCATED AT 1111 N. DIAMOND BAR BLVD., DIAMOND BAR, CA 91765 (APN 8706-008-013). A. RECITALS 1. The property owner, James Chin Chou (Trustee), and applicant, Creative Design Associates, have filed an application for the following entitlements: (1) Zone Change to modify the existing zoning district from Commercial (C-1) to Low Density Residential (RL); and (2) Development Review to construct a new 4,333 square-foot, two-story single-family residence with an attached 748 square-foot three-car garage located at 1111 N. Diamond Bar Boulevard, Diamond Bar, County of Los Angeles, California (“Project Site”). 2. On March 13, 2020, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper. Public hearing notices were mailed to property owners within a 1,000-foot radius of the project site and were posted at the City’s four designated community posting sites on March 6, 2020. In addition to the posted and mailed notices, the project site was posted with a display board. 3. On March 24, 2020, the Planning Commission hearing was cancelled due to the State and County COVID-19 shelter-in-place orders. On April 28, 2020, the project was postponed to the June 23, 2020 hearing. The applicant provided written consent to delay the hearing for up to 90 days, which is the maximum extensions allowable under the Permit Streamlining Act (Gov. Code §65957). 4. On June 12, 2020, public hearing notices were mailed to property owners within a 1,000-foot radius of the Project site. On June 12, 2020, notification of the public hearing for this project was published in the San Gabriel Valley Tribune newspaper. A notice display board was posted at the site, and a copy of the notice was posted at the City's four designated community posting sites. 5. On June 23, 2020, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, concluded said hearing, and by a 4-1 vote, recommended that the City Council approve the Project. 6. On July 21, 2020, the City Council of the City of Diamond Bar conducted a duly-noticed public hearing, solicited testimony from all interested individuals, and by a 3-2 vote, remanded the matter back to the Planning Commission for 5.1.b Packet Pg. 74 Resolution No. 2020-40 2 a physical public hearing to enable the public to provide testimony on the proposed project in person. 7. On August 25, 2020, the Planning Commission of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, concluded said hearing, and again recommended, by a 4-1 vote, that the City Council approve the Project. 8. On September 15, 2020, the City Council of the City of Diamond Bar conducted a duly noticed public hearing, solicited testimony from all interested individuals, and concluded said hearing on that date. 9. The documents and materials constituting the administrative record of the proceedings upon which the City’s decision is based are located at the City of Diamond Bar, Community Development Department, Planning Division, 21810 Copley Drive, Diamond Bar, CA 91765. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. The City Council hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. The proposed Development Review on the Subject Property is categorically exempt from the California Environmental Quality Act (CEQA), as prescribed under CEQA Guidelines Sections 15303(a) (construction of a new single- family residence) and 15061(b)(3) in that “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The modification will rectify an existing inconsistency between the General Plan and Zoning Maps, and allow for development of a single family residence. Therefore, no further environmental review is required. 3. The City Council hereby specifically finds and determines that, having considered the record as a whole including the findings set forth below, there is no evidence before this City Council that the Proposed Project herein will have the potential of an adverse effect on wildlife resources or the habitat upon which the wildlife depends. Based upon substantial evidence, this City Council hereby rebuts the presumption of adverse effects contained in Section 753.5(d) of Title 14 of the California Code of Regulations. C. FINDINGS OF FACT Based on the findings and conclusions set forth herein and as prescribed under 5.1.b Packet Pg. 75 Resolution No. 2020-40 3 Diamond Bar Municipal Code (DBMC) Section 22.48, this City Council hereby finds and makes the following findings: Development Review Findings (DBMC Section 22.48.040) 1. The design and layout of the proposed development is consistent with the applicable elements of the City's General Plan, City Design Guidelines, and development standards of the applicable district, design guidelines, and architectural criteria for special areas (e.g., theme areas, specific plans, community plans, boulevards or planned developments): With the approval of the Zone Change, the design and layout of the proposed single-family residence consisting of 4,333 square feet of floor area and 748 square-foot, three-car garage area is consistent with the City’s General Plan, City Design Guidelines and development standards. The City’s General Plan Policy LU-P-56 requires that development on privately-owned, residentially designated land in hillside areas shall be compatible with the surrounding natural areas promoting design principles such as minimizing grading, preserving existing vistas, and incorporate site and architectural design that is sensitive to the hillsides. The design and layout of the building will be integrated within the existing topography of the site and will not visually impact the views of nearby properties. The proposed home will not have a negative impact to neighboring residences viewsheds since the property is locate d on a much lower pad level than nearby properties. The building’s architectural design accentuates simplicity of line and form, articulated through massing treatment and incorporates detailed design elements that complies with the City’s Design Guidelines where architectural design should accentuate simplicity of line and form, restrained and understated elegance, as opposed to the overly ornate or monumental [City’s Design Guidelines A. Site Planning (2) and B. Architecture (2)]. All elevations are architecturally treated and strongly articulated along the visible façade [City’s Design Guidelines B. Architecture (3)]. In addition, appropriate screening and integration of the home to the natural environment is accomplished by providing a variety of groundcover, shrubs, and trees throughout the site. The Project complies with all development standards of the Low Density Residential zoning district by meeting all development standards such as required setbacks, building height, and lot coverage. The project site is not part of any theme area, specific plan, community plan, boulevard or planned development. 2. The design and layout of the proposed development will not interfere with the use and enjoyment of neighboring existing or future developments, and will not create traffic or pedestrian hazards: 5.1.b Packet Pg. 76 Resolution No. 2020-40 4 The proposed single-family house will not interfere with the use and enjoyment of neighboring existing or future developments because the use will not significantly generate any traffic, parking, noise, lighting, view or other impacts onto surrounding residences and adjacent right -of-ways. In addition, no protected trees exist on site. The proposed single-family house will not interfere with vehicular or pedestrian movements, such as access or other functional requirements of a single-family home because it complies with the requirements for driveway widths and grades, exceeds the minimum number of off-street parking spaces, and the circular driveway design allows vehicles to enter and exit the property in a more efficient manner. 3. The architectural design of the proposed development is compatible with the character of the surrounding neighborhood and will maintain and enhance the harmonious, orderly and attractive development contemplated by Chapter 22.48: Development Review Standards, the City’s Design Guidelines, the City's General Plan, or any applicable specific plan: The proposed single family residence was redesigned with a two-story structure in a contemporary style of architecture to be compatible with the character of the surrounding neighborhood. The use of a single-family home fits more appropriately with the fabric of the surrounding area in comparison to other potential land use options such as multi-family residential or commercial. The City’s General Plan Policy LU-P-56 requires that residential development be compatible with the prevailing character of the surrounding neighborhood in terms of building scale, density, massing, and design. The City’s General Plan Goal CC-G-4 also requires the preservation of the scale and character of existing residential neighborhoods and ensure sensitive transitions between densities and uses. The City’s Design Guidelines Architecture (1) requires compatibility with the surrounding character including harmonious building style, form, size, color, material and roofline. The proposed two story single family residence is comparable in mass and scale to the surrounding neighborhood. The building’s design theme is simple with incorporation of variable roof heights, movement along the street facing elevation, and utilization of large vertical and horizontal window surfaces. The architectural design theme will be duplicated on all of the building’s elevations to provide a pleasing visual appearance form multiple vantage points. The Project minimizes negative impacts on nearby uses since the house will not block existing viewsheds from nearby properties. In sum, the Project fits the character of the neighborhood on which it is proposed. 4. The design of the proposed development will provide a desirable environment for its occupants and visiting public as well as its neighbors through good aesthetic use of materials, texture, color, and will remain aesthetically appealing: 5.1.b Packet Pg. 77 Resolution No. 2020-40 5 The design of the new single-family home is a contemporary style of architecture. Variation in the building elements are achieved through the utilization of varying enhanced architectural features and building materials as discussed in the previous findings. The architectural features utilize a variety of building materials such as stucco, ledgestone and wood siding, metal roof, and cable railing. Also, landscaping is integrated into the site to complement the massing of the house and blend in with neighboring homes and the natural environment of the site in order to maintain a desirable environment. The scale and proportions of the proposed home are well balances and appropriate for the site. 5. The proposed development will not be detrimental to public health, safety or welfare or materially injurious (e.g., negative effect on property values or resale(s) of property) to the properties or improvements in the vicinity: Before the issuance of any City permits, the propose d project is required to comply with all conditions within the approved resolution, and the Building and Safety Division and Public Works Departments requirements. Through the permit and inspection process, the referenced agencies will ensure that the proposed project is not detrimental to the public health, safety or welfare or materially injurious to the properties or improvements in the vicinity. 6. The proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA): The proposed single family residence is categorially exempt from the California Environmental Quality Act (CEQA), as prescribed under CEQA Guidelines Sections 15303(a) (construction of a new single-family residence) and 15061(b)(3) in that “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The modification will rectify an existing inconsistency between the General Plan and Zoning Maps, and allow for development of an underutilized parcel. Therefore, no further environmental review is required. Based on the findings and conclusions set forth herein and as prescribed under DBMC Section 22.48, this City Council hereby finds and approves the Development Review, subject to the following conditions, and the attached Standard Conditions of Approval: 1. This Development Review approval shall be null and void unless the Zone Change is approved. 2. All on-site utilities shall be placed underground at the time of development. 3. All existing landscaping and public improvements damaged during construction shall be repaired or replaced upon project completion. 5.1.b Packet Pg. 78 Resolution No. 2020-40 6 4. Development shall substantially comply with the plans and documents presented to the City Council at the public hearing. 5. Prior to building permit issuance, landscape and irrigation plans shall be reviewed and approved by the City’s Consulting Landscape Architect and shall comply with the updated Water Efficient Landscaping Ordinance. 6. The property owner shall record a deed disclosure with the Los Angeles County Recorder’s Office informing future purchasers that the subject property is potentially located within an air quality sensitive receptor area due to its proximity to the SR 57 Freeway. The property owner shall submit a conformed copy of the recorded deed disclosure to the City prior to the issuance of building permits. 7. Standard Conditions. The applicant shall comply with the standard development conditions attached hereto. The City Council shall: a. Certify to the adoption of this Resolution; and b. Forthwith transmit a certified copy of this Resolution to James Chin Chou, 1359 Bentley Court, West Covina, CA 91791. PASSED, APPROVED AND ADOPTED this 15th day of September, 2020, by the City Council of the City of Diamond Bar. _____________________________ Steve Tye, Mayor ATTEST: I, Kristina Santana, City Clerk for the City of Diamond Bar, hereby certify that the foregoing resolution, was duly passed, approved and adopted by the City Council of the City of Diamond Bar at a regular meeting held on the 15th day of September, 2020, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: _____________________________ Kristina Santana, City Clerk 5.1.b Packet Pg. 79 7 COMMUNITY DEVELOPMENT DEPARTMENT STANDARD CONDITIONS RESIDENTIAL NEW STRUCTURE PROJECT #: Development Review No. PL2015-253 SUBJECT: To construct a new 4,333 square-foot, two-story single-family residence with an attached 748 square-foot three-car garage PROPERTY James Chin Chou (Trustee) OWNER: 1359 Bentley Court West Covina, CA 91791 APPLICANT: Creative Design Associates 17528 Rowland Street, 2nd Floor City of Industry, CA 91748 LOCATION: 1111 N. Diamond Bar Blvd., Diamond Bar, CA 91765 ALL OF THE FOLLOWING CONDITIONS APPLY TO YOUR PROJECT. APPLICANT SHALL CONTACT THE PLANNING DIVISION AT (909) 839-7030, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL REQUIREMENTS 1. The applicant shall defend, indemnify, and hold harmless the City, and its officers, agents and employees, from any claim, action, or proceeding to attack, set-aside, void or annul, the approval of Development Review No. PL2015-253 brought within the time period provided by Government Code Section 66499.37. In the event the city and/or its officers, agents and employees are made a party of any such action: (a) Applicant shall provide a defense to the City defendants or at the City's option reimburse the City its costs of defense, including reasonable attorneys fees, incurred in defense of such claims. 5.1.b Packet Pg. 80 8 (b) Applicant shall promptly pay any final judgment rendered against the City defendants. The City shall promptly notify the applicant of any claim, action of proceeding, and shall cooperate fully in the defense thereof. 2. This approval shall not be effective for any purpose until the applicant and owner of the property involved have filed, within twenty-one (21) days of approval of this Development Review No. PL2015-253, at the City of Diamond Bar Community Development Department, their affidavit stating that they are aware of and agree to accept all the conditions of this approval. Further, this approval shall not be effective until the applicants pay remaining City processing fees, school fees and fees for the review of submitted reports. 3. All designers, architects, engineers, and contractors associated with this project shall obtain a Diamond Bar Business License; and a zoning approval for those businesses located in Diamond Bar. 4. Signed copies of Planning Commission Resolution No. 2020-15, Standard Conditions, and all environmental mitigations shall be included on the plans (full size). The sheet(s) are for information only to all parties involved in the construction/grading activities and are not required to be wet sealed/stamped by a licensed Engineer/Architect. 5. Prior to the plan check, revised site plans and building elevations incorporating all Conditions of Approval shall be submitted for Planning Division review and approval. 6. Prior to any use of the project site or business activity being commenced thereon, all conditions of approval shall be completed. 7. The project site shall be maintained and operated in full compliance with the conditions of approval and all laws, or other applicable regulations. 8. Approval of this request shall not waive compliance with all sections of the Development Code, all other applicable City Ordinances, and any applicable Specific Plan in effect at the time of building permit issuance. 9. All site, grading, landscape/irrigation, and roof plans, and elevation plans shall be coordinated for consistency prior to issuance of City permits (such as grading, tree removal, encroachment, building, etc.,) or approved use has commenced, whichever comes first. 10. The property owner/applicant shall remove the public heari ng notice board within three days of this project's approval. 5.1.b Packet Pg. 81 9 11. The applicant shall comply with the requirements of City Planning, Building and Safety Divisions, Public Works Department, and the Fire Department. 12. Prior to issuance of building permits, the applicant shall record, and provide the City with a conformed recorded copy of, a Covenant and Agreement or similar document in a form approved by the City Attorney, which restricts the rental of rooms or other portions of the property under t wo or more separate agreements and prohibits use of the property as a boarding or rooming house, except to the extent otherwise permitted by the Diamond Bar Municipal Code or applicable state or federal law. B. FEES/DEPOSITS 1. Applicant shall pay development fees (including but not limited to Planning, Building and Safety Divisions, Public Works Department and Mitigation Monitoring) at the established rates, prior to issuance of building or grading permit (whichever comes first), as required by the City. School fees as required shall be paid prior to the issuance of building permit. In addition, the applicant shall pay all remaining prorated City project review and processing fees prior to issuance of grading or building permit, whichever comes first. 2. Prior to any plan check, all deposit accounts for the processing of this project shall have no deficits. C. TIME LIMITS 1. The approval of Development Review No. PL2015-253 expires within two years from the date of approval if the use has not been exercised as def ined per Diamond Bar Municipal Code (DBMC) Section 22.66.050 (b)(1). In accordance with DBMC Section 22.60.050(c), the applicant may request, in writing, a one-year time extension for City Council consideration. Such a request must be submitted to the Planning Division prior to the expiration date and be accompanied by the review fee in accordance with the fee schedule in effect at the time of submittal. D. SITE DEVELOPMENT 1. This approval is to construct a new 4,333 square-foot, two-story single-family residence with an attached 748 square-foot three-car garage at 1111 N. Diamond Bar Blvd., as described in the staff report and depicted on the approved plans on file with the Planning Division, subject to the conditions listed herein, and the development code regulations. 2. The construction documents submitted for plan check shall be in substantial compliance with the architectural plans approved by the Planning Commission, as modified pursuant to the conditions below. If the plan check 5.1.b Packet Pg. 82 10 submittal is not in substantial compliance with the approved Development Review submittal, the plans may require further staff review and re-notification of the surrounding property owners, which may delay the project and entail additional fees. 3. To ensure compliance with the provisions of the City Council approval, a final inspection is required from the Planning Division when work for any phase of the project has been completed. The applicant shall inform the Planning Division and schedule an appointment for such an inspection. 4. The above conditions shall run with the land and shall be binding upon all future owners, operators, or successors thereto of the property. Non - compliance with any condition of approval or mitigation measure imposed as a condition of the approval shall constitute a violation of the City’s Development Code. Violations may be enforced in accordance with the provisions of the Development Code. 5. Failure to comply with any of the conditions set forth above or as subsequently amended in writing by the City, may result in failure to obtain a building final and/or a certificate of occupancy until full compliance is reached. The City’s requirement for full compliance may require minor corrections and/or complete demolition of a non-compliant improvement, regardless of costs incurred where the project does not comply with design requirements and approvals that the applicant agreed to when permits were pulled to construct the project. 6. The project site shall be developed and maintained in substantial conformance with the approved plans submitted to, approved, and amended herein by the Planning Commission, on file with the Planning Division, the conditions contained herein, and the Development Code regulations. 7. All ground-mounted utility appurtenances such as transformers, air conditioning condensers, etc., shall be located out of public view and adequately screened through the use of a combination of concrete or masonry walls, berms, and/or landscaping to the satisfaction of the Planning Division. 8. All roof-mounted equipment shall be screened from public view. 9. All structures, including walls, trash enclosures, canopies, etc., shall be maintained in a structurally sound, safe manner with a clean, orderly appearance. All graffiti shall be removed within 72 hours by the property owners/occupant. 10. No occupancy permit shall be granted until all improvements required by this approval have been properly constructed, inspected, and approved. 5.1.b Packet Pg. 83 11 11. Prior to issuance of a building permit, the location, size and screening of all building utility service connections, including water, gas, and electric service, fire service, and irrigation connections shall be approved by the Community Development Director. All changes to building utility connections shall be approved by the Community Development Director prior to construction. Building utility connections shall be located, sized and screened in such a manner that they have the least possible impact on the design of the building and site. The architect of record shall be directly involved in the design and placement of all site and building service connections and shall sign all plans submitted to the City which located, size and/or screen utility connections. 12. Additional plant materials may be required by the Community Development Director and shall be planted proper to final occupancy in order to screen utility connections, valves, backflow devices, and all ab ove ground appurtenances, etc., to the satisfaction of the Community Development Director. This determination shall be made in the field after all screen utility connections, valves, backflow devices, and all above ground appurtenances, etc. have been installed and inspected. E. SOLID WASTE 1. The site shall be maintained in a condition, which is free of debris both during and after the construction, addition, or implementation of the entitlement approved herein. The removal of all trash, debris, and refuse, whether during or subsequent to construction shall be done only by the property owner, applicant or by a duly permitted waste contractor, who has been authorized by the City to provide collection, transportation, and disposal of solid waste from residential, commercial, construction, and industrial areas within the City. It shall be the applicant's obligation to ensure that the waste contractor used has obtained permits from the City of Diamond Bar to provide such services. 2. Mandatory solid waste disposal services shall be provided by the City franchised waste hauler to all parcels/lots or uses affected by approval of this project. APPLICANT SHALL CONTACT THE PUBLIC WORKS DEPARTMENT, (909) 839-7040, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL 1. The mailbox shall be installed on the property so that daily mail trucks must enter the driveway to deliver mail. 2. The driveway shall be kept clear to allow daily mail delivery and any other scheduled delivery to access the property and maneuver appropriately to exit the property front-end first onto Diamond Bar Blvd. 5.1.b Packet Pg. 84 12 3. An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP’s) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater, a Storm Water Pollution Prevention Plan (SWPPP) will be needed. 4. Pursuant to NPDES Permit (CAS004001) for MS4 Discharges within the Coastal Watershed of Los Angeles County (Order No. R4-2012-0175), a new single-family hillside home development project shall include mitigation measures to: (i) Conserve natural areas; (ii) Protect slopes and channels; (iii) Provide storm drain system stenciling and signage; (iv) Divert roof runoff to vegetated areas before discharge unless the diversion would result in slope instability; and (v) Direct surface flow to vegetated areas before discharge, unless the diversion would result in slope instability. These mitigation measures shall be shown on the grading plan and implemented during construction. 5. Grading and construction activities and the transportation of equipment and materials and operation of heavy grading equipment shall be limited to between the hours of 7:00 a.m. and 5:00 p.m., Monday through Saturday. Dust generated by grading and construction activities shall be reduced by watering the soil prior to and during the activities and in accordance with South Coast Air Quality Management District Rule 402 and Rule 403. Reclaimed water shall be used whenever possible. Additionally, all construction equipment shall be properly muffled to reduce noise levels. B. SOILS REPORT/GRADING/RETAINING WALLS 1. Prior to or concurrent with grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. 2. The applicant shall submit grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City’s requirements for the City’s review and approval. A list of requirements for 5.1.b Packet Pg. 85 13 grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. 3. Finished slopes shall conform to City Code Section 22.22.080-Grading. 4. All easements and flood hazard areas shall be clearly identified on the grading plan. 5. The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. 6. All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a six foot-high chain link fence. All access points in the defense shall be locked whenever the construction site is not supervised. 7. Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. 8. The maximum grade of driveways serving building pad areas shall be 15 percent. Driveways with a slope of 15 percent shall incorporate grooves for traction into the construction as required by the City Engineer. 9. All slopes shall be seeded per landscape plan and/or fuel modifi cation plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer and a permanent irrigation system shall be installed. 10. A pre-construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. 11. Rough grade certification by project soils and civil engineers and the as- graded geotechnical report shall be submitted for review and approval prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued without a rough grade certificate. 12. Final grade certifications by project soils and civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy, respectively. 5.1.b Packet Pg. 86 14 C. DRAINAGE 1. Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on-site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. 2. Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. D. OFF-SITE STREET IMPROVEMENTS 1. All public improvements shall be approved by the City Engineer, constructed with an encroachment permit issued by the Public Works Department, and completed prior to final inspection/certificate of occupancy issuance. 2. All driveway approaches shall be constructed in accordance with current American Public Works Association (APWA) standard plan 110-2 Type C. 3. All public drive approaches and sidewalks shall be constructed with a minimum of 2500 PSI concrete. 4. The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. 5. The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. E. UTILITIES 1. Easements, satisfactory to the City Engineer and the utility companies, for public utility and public service purposes shall be offered and shown on the detailed site plan for dedication to the City or affected utility company. 2. Will Serve Letters from all utilities such as, but not limited to, phone, gas, water, electric, and cable, shall be submitted to the City stating that adequate facilities are or will be available to serve the proposed project. 3. Applicant shall relocate and underground any existing onsite utilities to the satisfaction of the City Engineer and the respective utility owner. 5.1.b Packet Pg. 87 15 4. Underground utilities shall not be constructed within the drop line of any mature tree except as approved by a registered arborist. F. SEWERS/SEPTIC TANK 1. Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. 2. Applicant, at applicant’s sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division. Sewer plans shall be submitted to the Building and Safety Division for review and approval by the City. APPLICANT SHALL CONTACT THE BUILDING AND SAFETY DIVISION, (909) 839-7020, FOR COMPLIANCE WITH THE FOLLOWING CONDITIONS: A. GENERAL CONDITIONS 1. At the time of plan check submittal, plans and construction shall conform to current State and Local Building Code requirements and all other applicable construction codes, ordinances and regulations in effect. 2. Provisions for CAL Green shall be implemented onto plans and certification shall be provided by a third party as required by the Building Division. Specific water, waste, low VOC, and related conservation measures shall be shown on plans. Construction shall conform to the current CAL Green Code. B. PLAN CHECK – ITEMS TO BE ADDRESSED PRIOR TO PLAN APPROVAL 1. The minimum design load for wind in this area is 110 M.P.H. exposures “C” and the site is within seismic zone D or E. The applicant shall submit drawings and calculations prepared by a California State licensed Architect/Engineer with wet stamp and signature. 2. This project shall comply with the energy conservation requirements of the State of California Energy Commission. All lighting shall be high efficacy or equivalent per the current California Energy Code 119 and 150(k). 3. Indoor air quality shall be provided consistent with ASHRAE 62.2 as required per California Energy Code 150(o). 4. Public Works/Engineering Department is required to review and approve grading plans that clearly show all finish elevations, drainage, and retaining wall(s) locations. These plans shall be consistent with the site plan submitted to the Building and Safety Division. 5.1.b Packet Pg. 88 16 5. “Separate permits are required for retaining walls” and shall be noted on plans. 6. All balconies shall be designed for 60lb/ft live load. 7. All easements shall be shown on the site plan. 8. All retaining walls shall be separately submitted to the Building and Safety and Public Works/Engineering Departments for review and approval. 9. A soils report is required per CBC 1803 and all recommendations of the soils report shall be adhered to. 10. Light and ventilation shall comply with CBC 1203 and 1205. 11. A soils report is required per CBC 1803 and all recommendations of the soils report shall be adhered to. 12. Light and ventilation shall comply with CBC 1203 and 1205. 13. An occupancy separation shall be provided between the dwelling unit and garage. 14. The wood deck shall be clarified whether it is on-grade or raised. C. PERMIT – ITEMS REQUIRED PRIOR TO BUILDING PERMIT ISSUANCE 1. Solid waste management of construction material shall incorporate recycling material collection per Diamond Bar Municipal Code 8.16 of Title 8. The contractor shall complete all required forms and pay applicable deposits prior to permit. 2. Prior to building permit issuance, all school district fees shall be paid. Please obtain a form from the Building and Safety Division to take directly to the school district. 3. Submit grading plans clearly showing all finish elevations, drainage, and retaining wall locations. No building permits shall be issued prior to submitting a pad certification. 4. Los Angeles County Fire Department approval is required prior to permit issuance. 5. Approval from the County Sanitation District is required for the new sewer hook up. 5.1.b Packet Pg. 89 17 6. SCAQMD notification is required at least 10 days prior to any demolition. Proof of notification is required at permit issuance. 7. All workers on the job shall be covered by workman’s compensation insurance under a licensed general contractor. Any changes to the contractor shall be updated on the building permit. D. CONSTRUCTION – CONDITIONS REQUIRED DURING CONSTRUCTION 1. Fire sprinklers are required for new single family dwellings (CRC R313.2). Sprinklers shall be approved by LA County Fire Department prior to installation and shall be inspected at framing stage and finalization of construction. 2. Occupancy of the facilities shall not commence until all California Building Code and State Fire Marshal regulations have been met. The buildings shall be inspected for compliance prior to occupancy. 3. Every permit issued by the building official under the provisions of this Code shall expire and become null and void unless the work authorized by such permit is commenced within one-hundred-eighty (180) days after permit issuance, and if a successful inspection has not been obtained from the building official within one-hundred-eighty (180) days from the date of permit issuance or the last successful inspection. A successful inspection shall mean a documented passed inspection by the city building inspector as outlined in Section 110.6. 4. The project shall be protected by a construction fence to the satisfaction of the Building Official. All fencing shall be view obstructing with opaque surfaces. 5. All structures and property shall be maintained in a safe and clean m anner during construction. The property shall be free of debris, trash, and weeds. 6. All equipment staging areas shall be maintained in an orderly manner and screened behind a minimum 6-foot high fence. 7. A height and setback survey may be required at completion of framing and foundation construction phases respectively. 8. The project shall be protected by a construction fence and shall comply with the NPDES & BMP requirements (sand bags, etc.). 9. The location of property lines and building pad may require a surety to be determined by the building inspection during foundation and/or frame inspection. 5.1.b Packet Pg. 90 18 10. The applicant shall contact Dig Alert and have underground utility locations marked by the utility companies prior to any excavation. Contact Dig Alert by dialing 811 or their website at www.digalert.org. 11. Any changes or deviation from approved plans during the course of construction shall be approved by the City prior to proceeding with any work. 12. All glazing in hazardous locations shall be labeled as safety glass. The labeling shall be visible for inspection. 13. Carbon monoxide detectors are required in halls leading to sleeping rooms per CRC R315. 14. Drainage patterns shall match the approved grading/drainage plan from the Public Works/Engineering Department. Surface water shall drain away from the building at a 2% minimum slope. The final as -built conditions shall match the grading/drainage plan or otherwise approved as -built grading/drainage plan. 15. Decks, roofs, and other flat surfaces shall slope at least 1/4”/ft with approved and listed water proofing material. Guardrails shall be provided for these surfaces at least 42” minimum in height, 4” maximum spacing between rails, and capable of resisting at least 20 pounds per lineal foot of lateral load. 16. Special inspections and structural observation will be required in conformance with CBC 1704 to 1709. 17. Eaves shall be at least 2 feet from the property line and shall be fully enclosed and protected/fire rated. County of Los Angeles Fire Department (909) 620-2402 – 1. Submit two sets of Architectural Drawings when ready for plan check with the following information: • Show all existing public fire hydrants on the site plan. Include the location of all public fire hydrants within 600 feet of the lot frontage on both sides of the street. Specify size of fire hydrant(s) and dimension(s) to property lines. Additional fire hydrant requirements may be necessary after this information is provided. • A minimum five-foot wide approved firefighter access walkway leading from the fire department access road to all required openings in the building’s exterior walls shall be provided for firefighting and rescue purposes. Fire Code 504.1. 5.1.b Packet Pg. 91 19 2. The applicant is required to have the Information of Fire Flow Availability for Building Permit (Form 195) completed by the Water Purveyor. 3. All development shall be constructed with adequate water supply and pressure for all proposed development in compliance with standards established by the fire marshal. END 5.1.b Packet Pg. 92 5.1.cPacket Pg. 93 5.1.cPacket Pg. 94 5.1.cPacket Pg. 95 5.1.cPacket Pg. 96 5.1.cPacket Pg. 97 5.1.cPacket Pg. 98 5.1.cPacket Pg. 99 5.1.cPacket Pg. 100 5.1.cPacket Pg. 101 5.1.cPacket Pg. 102 5.1.cPacket Pg. 103 5.1.cPacket Pg. 104 5.1.cPacket Pg. 105 5.1.cPacket Pg. 106 5.1.cPacket Pg. 107 5.1.cPacket Pg. 108 ________________________________________________________________________ JUNE 23, 2020 PAGE 2 PLANNING COMMISSION ________________________________________________________________________ 7. (CONTINUED) PUBLIC HEARING(S): 7.1 ZONE CHANGE AND DEVELOPMENT REVIEW NO. PL2015-253 – Under the authority of DBMC Sections 22.48 and 22.70, the property owners and applicant requested a Zone Change to modify the existing zoning district from Neighborhood Commercial (C-1) to Low Density Residential (RL) to be consistent with the General Plan land use designation, and approval of Development Review application to construct a new 4,333 square-foot, two-story single family residence measuring 28’-8” high on an 11,225 square-foot (0.26 acre) undeveloped vacant lot. (Continued from March 24, 2020) PROJECT ADDRESS: 1111 Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNERS: James Chin Chou 1359 Bentley Court West Covina, CA 91791 APPLICANT: Creative Design Associates 17528 Rowland Street, 2nd Floor City of Industry, CA 91748 SP/Lee presented staff’s report and requested that the Planning Commission forward a recommendation to the City Council to approve Zone Change and Development Review No. PL2015-253. C/Garg asked if it was true that the proposed residence would be the only residence to have access from Diamond Bar Boulevard. He also wanted to know what kind of facility is suitable for this site since both residential and commercial projects were denied and/or withdrawn. He also commented that if the project was approved, there is no entry from Diamond Bar Boulevard proceeding north and if true, that would be a restriction on the proposal. When he visited the site, he was unable to find parking for his vehicle and parked along the side of Diamond Bar Boulevard and turned on his hazard light. In about five minutes, a Sheriff’s car approached with red lights flashing and stopped behind his car to tell him that stopping along the street at that location was not allowed. SP/Lee responded to C/Garg that at the northern end of Diamond Bar Boulevard this would be the only single family home with direct access from Diamond Bar Boulevard. There is a condominium project just north of the project site that takes access from Diamond Bar Boulevard. With respect to the question about the best use for this parcel, staff is recommending the 5.1.d Packet Pg. 109 ________________________________________________________________________ JUNE 23, 2020 PAGE 3 PLANNING COMMISSION ________________________________________________________________________ single family residential use because it is the least intense in terms of parking and traffic impacts. Parking is not allowed on Diamond Bar Boulevard and residents and guests would have to park on the private property. A three-car garage and a circular driveway are proposed and there are no proposals for on-street parking. The site is accessible to westbound traffic only, because the landscaped median prevents access for eastbound traffic. Chair/Mok commented regarding access that traffic proceeding northbound toward Temple Avenue seeking access to the project site would have to make a U-turn at the condominium development on Soltaire Street, where U-turns are permissible. . However, there is no U-turn allowed at Temple Avenue. Chair/Mok opened the public hearing. Ken Lee, owner’s representative and land use consultant; Kenneth Pang, Project Architect, Creative Design Associates; Eric Freeman, ML Design; Jack Lee, Cal Land Engineering; and Tom Huang, Senior Traffic Engineer, Ganddini Group, the firm that conducted the original traffic study and January update. The project team provided a PowerPoint presentation and discussed the project and its history. Mr. Lee stated that Mr. Chou purchased the property about 10 years ago and the project has evolved from a three-story office building—which, while consistent with the current C-1 zoning, but determined to not be an appropriate use for this location and from a traffic generation standpoint—to a three-story single family proposal. The current proposal is for a two-story project which is appropriate to the configuration and location of the site with a contemporary modern style of architecture, which is more consistent with the surrounding uses, as well as with the General Plan Update land use designation of Low Density Residential. Mr. Lee thanked SP/Lee for her commitment and time over the past 10 years in walking everyone through the evolution and process of this project. C/Barlas asked for clarification on the number of vehicles the horseshoe- shaped driveway would accommodate and how many cars can be parked at the side of the house. Mr. Pang responded to C/Barlas that the driveway will accommodate up to eight cars plus an additional three cars on the inside of the garage for a total of 11 vehicles on the site at any one time. Chair/Mok said he understood the driveway was not wide enough to accommodate a full-sized waste hauler. Mr. Pang responded that the driveway is 36 feet wide, the width of a three-car garage. In addition, they coordinated with Waste Management, which is able to service the area using a “valet” service which is a smaller dump truck that will come up into the horseshoe driveway and pick up the trash cans from the property. Trash receptacles will not be put on the street. 5.1.d Packet Pg. 110 ________________________________________________________________________ JUNE 23, 2020 PAGE 4 PLANNING COMMISSION ________________________________________________________________________ Douglas Barcon, in reference to the viewshed line-of-sight diagrams prepared by the applicant, felt the angle could have gone much lower and encompass the structure instead of being cut off above the line and wanted to know if a line of sight was from one property and one area. Based on the information that possibly eight cars could be parked on the driveway, unless each of those cars were to enter and exit sequentially, he does not see how they could switch places in line. And, it appears to him that the three cars in front of the garage would have to back out onto Diamond Bar Boulevard unless the driveway is large enough for cars to pass each other. With cars traveling down Diamond Bar Boulevard from Temple Avenue at potentially 45 mph, if someone decided to make a U-turn at Soltaire, it might be difficult to accelerate sufficiently for the short distance to the driveway of the property. Also, in terms of safety, there is a bike lane along the west side of Diamond Bar Boulevard that was not mentioned in the plans, but instead shows bicycles using the sidewalk excluding use of the bike lane. As he previously commented, he looks at this as a project that jumps out and into one’s face to people entering Diamond Bar from Temple Avenue and he would prefer to see the property used for a cell phone tower camouflaged as a windmill that could provide income. Robin Smith said her comments were related to health and her concerns about the risks that have been proven by evaluating the sensitive receptors region, which is any housing located within 500 to 1,000 feet of a heavily trafficked roadway and wonders why this project is categorically exempt from environmental evaluation. Also, she is under the impression that this parcel is still zoned Office Professional. Felino Bautista wanted to know if the project, as presented this evening, speaks to the possibility of afternoon glare onto the freeway and whether the site line was representative of the new proposed design. He questioned vehicle parking. Chair/Mok closed the public hearing. C/Wolfe said he was on the Planning Commission in 2017 and asked for the analysis looking at driver expectations/site distance compared to stopping distance and that question was answered in the traffic report that is attached to staff’s report. They have also redesigned the house to make access easier and, as staff stated, this is the best use for this particular property. There really is not another use unless the property was rezoned to force it into something 5.1.d Packet Pg. 111 ________________________________________________________________________ JUNE 23, 2020 PAGE 5 PLANNING COMMISSION ________________________________________________________________________ that was proposed during public comments. And, a light industrial or commercial use is more intrusive to the driving patterns on the southbound lanes of Diamond Bar Boulevard. C/Wolfe moved to recommend City Council approval of Zone Change and Development Review No. PL2015-253 as proposed by staff. Motion died for lack of a second. C/Barlas said she served on the Planning Commission when the design was completely different and the applicant was asked to redo the traffic study because of concerns about possible afternoon sun glare and because the trash truck could not stop on Diamond Bar Boulevard and these issues have been satisfactorily resolved through the redesign. VC/Rawlings said he does not have the advantage of having been on the Commission when this item was first presented. He has reviewed records and can definitely appreciate the work that has gone into the current project for the space provided. He has concerns about the future of providing overflow parking because it would be across Soltaire or on Flintlock. He has a lot of respect and admiration for staff, but one area he disagrees with is the impact this project would have on the character of surrounding neighborhoods and he for that reason, is not sure he can support this project at this time. C/Garg said he believes that the Planning staff should look at this project again because there has not been sufficient time for review of the comments the Commission received today. Chair/Mok asked for staff’s response. CDD/Gubman responded to Mr. Barcon’s comments regarding representation of views and how the project would affect certain vantage points that it would depend on whether the Commission wished to have those line of site view angles revisited from different vantage points. In terms of concerns about the left turn pocket at Soltaire and potential conflicts with U-turns and vehicles coming down Temple Avenue, one thing to keep in mind is that this proposal is for a single-family residence and traffic engineering studies for decades have compiled trip generation statistics on different types of land uses. A single family residence typically generates 10 trip ends per day and while there might be some valid concern about speeds on Diamond Bar Boulevard, it is an unrestricted U-turn pocket and he would put potential concerns in that perspective and context. Bike lanes are common features on all of the City’s roadways and motorists must drive defensively and be aware of their surroundings before executing a turning movement. With respect to comments about whether a cell tower might be a better use for this site, staff 5.1.d Packet Pg. 112 ________________________________________________________________________ JUNE 23, 2020 PAGE 6 PLANNING COMMISSION ________________________________________________________________________ cannot prescribe what a property owner can do. If a proposal was received for such a use, it would be something that would be considered; however, staff’s recommendation is ultimately based on finding the lowest intensity of use that can be accommodated on this property before the issue of a taking of a property is considered. The City cannot prevent someone who owns property from using it within the restrictions that are established, and zoning for a single-family residence is basically the lowest intensity zoning designation the City has in its menu of land uses. There was a concern raised by Ms. Smith about particulate matter and air quality in that particular area. That may be the case, but to answer the question about CEQA, it is a tool that is used to identify and disclose the impacts of the development proposal on the environment, it is not something that is to be used to assess the impacts of the environment on a use. So the applicability of CEQA is really not to consider whether that surrounding environment is going to be deleterious to the users of that land. It is certainly appropriate if the Commission would like to recommend a condition and it might even be incumbent upon the property owner to include a disclosure on the property title so that future occupants are aware of potential air quality issues that may be associated with its proximity to the freeway and to Diamond Bar Boulevard. The question about whether staff looked into the potential glare onto the freeway, this was a question that was originally raised with the office project and it had to do with larger panes of curtain glass and whether, at certain times of the day, they would reflect sunlight and cause glare onto the freeway. As far as he knows, that issue was not looked at with respect to the current plan, and in looking at the rear elevation of the proposed residence and the fenestration of it, there are relatively small bedroom windows facing that area rather than large panes of storefront sized glass that might warrant further analysis. In this case, he would suggest that the Commission look at the rear elevation and determine whether Commissioners feel that is a concern that warrants additional study. CDD/Gubman further stated that whether this motion to recommend City Council approval should be delayed because of emails and comments received today, that too is at the pleasure of the Commission, but since this item has to go to the City Council anyway for final determination, these correspondences will be entered into the record and additional information will be provided on these comments if called for. If the Commission would prefer to receive more information on these comments before passing on the recommendation, that can be done. However, the alternative is to make the 5.1.d Packet Pg. 113 ________________________________________________________________________ JUNE 23, 2020 PAGE 7 PLANNING COMMISSION ________________________________________________________________________ recommendation based on tonight’s Public Hearing and when staff prepares the record for the City Council meeting all letters, emails and related comments will be made a part of the City Council’s packet. C/Barlas said she was satisfied with CDD/Gubman’s responses and comments and believes his comment for the applicant to record the potential environmental impacts is a good idea and should be included in the motion. She said she is not so concerned about the parking issue because the City has been very proactive regarding potential parking violations. C/Barlas stated that with the addition of a condition that the applicant record the potential environmental impacts due to the proximity of the project to the freeway for future potential buyers, she would recommend City Council approval of Zone Change and Development Review No. PL2015-253 as proposed by staff. Chair/Mok seconded the motion. Chair/Mok said he believes staff has worked hard on this project for the past seven years. Kudos to SP/Lee and Planning staff as well as the efforts of the applicant and project team to address public concerns. The new plans address the front elevation with an additional six feet of softening landscape. The horseshoe driveway addresses ingress/egress concerns and driver’s exiting the property will be able to see southbound traffic on Diamond Bar Boulevard. C/Garg said that he would be in favor of the motion as long as he could be assured that staff would include comments on all correspondence in the City Council presentation. C/Wolfe said that there is a motion that has been seconded and what he just heard from C/Garg was additional add-ins and the vote needs to proceed before another motion is presented. ACA/Eggart responded to C/Wolfe that C/Garg’s comment did not constitute another motion and posed the question to CDD/Gubman. CDD/Gubman reiterated that staff would address all comments received in the City Council report. Chair/Mok called for the vote on C/Wolfe’s motion. As a point of order, C/Wolfe stated that C/Barlas made a substitute motion by adding the condition and Chair/Mok seconded motion, which would therefore be the motion the Commission would vote on instead of his motion because he was not asked if he would agree to insert the condition in his motion. 5.1.d Packet Pg. 114 Agenda #: 4.1 Meeting Date: July 21, 2020 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: ZONE CHANGE AND DEVELOPMENT REVIEW FOR NEW SINGLE FAMILY RESIDENCE LOCATED AT 1111 N. DIAMOND BAR BLVD. (PLANNING CASE NO. PL2015-253). STRATEGIC GOAL: Open, Engaged & Responsive Government RECOMMENDATION: A. Open the public hearing to receive public testimony; B. Close the public hearing; C. Introduce for first reading by title only, waive full reading of Ordinance No. 01(2020) adopting Zone Change to change the existing zoning from Neighborhood Commercial (C-1) to Low Density Residential (RL), and schedule second reading and adoption at the August 4, 2020 City Council meeting; and D. Adopt Resolution No. 2020-31 approving Development Review based on the Findings of Fact, and subject to the Conditions of Approval contained therein. BACKGROUND: The applicant is proposing to construct a new 4,333 square-foot, two-story single- family residence, approximately 29 feet in height, with a three-car garage, on a vacant 11,225 square-foot (0.26 acre) parcel located on the north side of Diamond Bar Boulevard, between Soltaire Street and Highland Valley Road. The proposed project requires the approval of the following land use applications: • Zone Change (ZC) to change the existing zoning designation from Neighborhood Commercial (C-1) to Low Density Residential (RL), to be consistent with the 5.1.e Packet Pg. 115 underlying Low Density Residential General Plan land use designation; and • Development Review of the site and architectural design of the proposed residence to ensure consistency with the General Plan, Development Code, and compliance with all applicable design guidelines and standards. Because the requested Zone Change requires adoption of an Ordinance, the City Council is the decisionmaking authority for both applications. Planning Commission Recommendation On June 23, 2020, the Planning Commission conducted a noticed public hearing to consider the project. By a 4-1 vote, the Commission recommended that the City Council approve the project, finding the proposed rezoning to be consistent with the underlying General Plan land use designation, and finding the project design to be consistent with Development Code standards and Citywide Design Guidelines. A detailed project analysis is provided in the Planning Commission staff report (Attachment 3), and the draft meeting minutes are included in Attachment 4. Three members of the public spoke during public hearing and stated concerns over lack of parking, traffic hazards, land use compatibility, and potential health concerns from the air quality due to its close proximity to the SR 57 freeway. Four emails were also received on June 22 and 23, 2020 (included as Attachment 7), expressing many of the same concerns. The Planning Commission directed staff to summarize the issues raised by the public in this City Council report. Project History Office Building Proposal On April 11, 2013, the previous designer/applicant, JWL Associates Inc., held a community meeting to solicit neighborhood feedback for a proposed three-story commercial office building on the subject property. Approximately 20 residents attended the meeting and raised a number of issues ranging from the project’s impact on overall site and neighborhood compatibility, adequacy of onsite parking for both employees and patrons, and the impacts on public and private viewsheds from the street and nearby residences. Based on the feedback from the community, the applicant withdrew the application for a commercial office building. 5.1.e Packet Pg. 116 Rendering of Three-Story Commercial Office Building Proposed in 2013 Three-Story Residence Proposal On May 28, 2015, the applicant submitted a proposal for a 3,932 square-foot, three- story single-family residence, measuring approximately 31 feet high, with a two-car garage. To assist the Commissioners, staff and residents to visualize the mass, bulk and height of the proposed three-story building in relation to its surroundings, staff required the applicant to install “story poles” on the project site to accurately depict how the building silhouette would look from any vantage point. Each pole was placed at the corners of the proposed building and at the maximum height of the roof ridge. The Planning Commission conducted a public hearing on July 25, 2017, where 11 residents spoke, most voicing concerns about the effect the proposed structure would have on existing viewsheds. The Commission continued the matter to an unspecified date in order for the applicant to perform a focused traffic study that: 1) analyzes reaction times and distances needed for motorists to safely exit the subject property, as well as for southbound motorists to react to vehicles entering and exiting the site; and 2) evaluates on-site maneuverability for a variety of vehicle types to enter and exit the subject property in a safe manner. The property owner subsequently shelved these plans and hired a new architect to pursue a fresh design approach. 5.1.e Packet Pg. 117 Rendering of the 3-Story Residence Reviewed by the Planning Commission in 2017 Current Proposal – Two-Story Residence On November 18, 2019, the new architect submitted plans for a two-story single- family residence, designed in a California modern style of architecture. As previously stated, the Planning Commission recommended approval of this project on June 26, 2020 by a 4-1 vote. The Planning Commission findings setting forth the basis for its recommendations are incorporated into the attached City Council ordinance and resolution. Rendering of Currently Proposed 2-Story Single-Family Residence 5.1.e Packet Pg. 118 ANALYSIS: As stated, a detailed project evaluation is included in the attached Planning Commission staff report (Attachment 3). As directed by the Commission, the discussion that follows summarizes issues raised by the public in regards to the project currently proposed, and describes how those issues have been addressed. • Issue: There is lack of parking for the proposed single-family residence both onsite as well as offsite. Response: While on-street parking is prohibited, the project has been designed with a circular/horseshoe driveway that could accommodate off-street parking in lieu of curbside parking. The circular driveway allows vehicles to enter and exit the property in a more efficient manner where vehicles would access the property by entering and exiting the site in a continuous forward maneuver, instead of reversing or making multiple point turns. • Issue: Entry into the proposed single-family residence will create a traffic hazard for those traveling southbound on Diamond Bar Boulevard. Response: The applicant submitted a traffic access study, and the City’s consulting traffic engineer verified that there is adequate sight distance for cars exiting the driveway, as well as for southbound motorists to react to vehicles entering the site. • Issue: There is potential public health concern for the residents of the proposed single-family residence due to the particulate matter and air quality from the adjacent SR 57 Freeway. Response: The Commission recommends a condition of approval requiring the property owner to include a deed disclosure with the Los Angeles County Recorder’s Office informing future purchasers that the property is potentially located within an air quality sensitive receptor area. This condition of approval is included in the Council resolution. • Issue: The proposed single-family residence is an incompatible land use. Response: The subject site is an irregular and physically constrained lot. The topography and tapering lot depths limits the site’s overall development potential. The Zone Change will allow the site to be developed with a new two-story single- family residence and will be consistent with the General Plan land use designation of Low Density Residential. The modification will rectify an inconsistency between the General Plan and Zoning maps, and is the most viable option in comparison to neighborhood commercial uses as currently zoned. The proposed Zone Change lowers the potential intensity of the land use from allowing neighborhood commercial uses to the least intense land use of a single-family residence on a privately-owned parcel. Furthermore, it accommodates a viable development of a single-family residence that fits more appropriately with the fabric of the 5.1.e Packet Pg. 119 surrounding area, and generates less impacts—such as traffic and parking—in comparison to commercial or multi-family residential uses. ENVIRONMENTAL ASSESSMENT: The Project has been reviewed for compliance with the California Environmental Quality Act (CEQA). Based on that assessment, the City has determined the Project to be exempt from CEQA under the CEQA Guidelines Sections 15303(a)(construction of a new single-family residence) and 15061(b)(3) in that “it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.” The site is a vacant and unimproved lot. The Zone Change will allow the site to be developed with a new two-story single-family residence to be consistent with the General Plan land use designation. NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 1,000-foot radius of the Project site on July 6, 2020. The notice was also published in the San Gabriel Valley Tribune newspaper on July 10, 2020. The Project Site was posted with a notice display board, and a copy of the public notice was posted at the City’s four designated community posting sites. LEGAL REVIEW: The City Attorney has reviewed and approved the Ordinance and Resolution as to form. PREPARED BY: REVIEWED BY: Attachments: 1. Ordinance No. 01 (2020) Approval of ZC 5.1.e Packet Pg. 120 2. Resolution No. 2020-31 Approval of DR and Standard Conditions of Approval 3. Planning Commission Staff Report dated June 23, 2020 (Without Attachments) 4. Draft Minutes from June 23, 2020 Planning Commission Hearing for the Project 5. Site, Architectural, Conceptual Grading and Landscape Plans 6. Traffic Access Study Dated January 3, 2020 7. Written Public Comments Received by Planning Commision 8. Written Public Comments Received 5.1.e Packet Pg. 121 5.1.f Packet Pg. 122 5.1.f Packet Pg. 123 5.1.f Packet Pg. 124 PLANNING COMMISSION AGENDA REPORT AGENDA ITEM NUMBER: 7.1 MEETING DATE: August 25, 2020 CASE/FILE NUMBER: Zone Change and Development Review (Planning Case No. PL2015-253) PROJECT LOCATION: 1111 N. Diamond Bar Blvd. (APN 8706-008-013) GENERAL PLAN DESIGNATION: Low Density Residential (RL) ZONING DISTRICT: Neighborhood Commercial (C-1) PROPERTY OWNER: James Chin Chou, Trustee, 1359 Bentley Court, West Covina, CA 91791 APPLICANT: Creative Design Associates, 17528 Rowland Street, 2nd Floor, City of Industry, CA 91748 BACKGROUND: On July 21, 2020, the City Council voted 3-2 to remand the matter back to the Planning Commission for a physical public hearing in order to enable the public to attend and provide testimony on the proposed project in person. Concerns were expressed to the Council that the GoToWebinar platform was not working properly for some members of the public wishing to speak during the public hearing. The meeting minutes are included in Attachment E. As directed by the City Council, this item has been scheduled for a reopened public hearing on the August 25, 2020, at 6:30 p.m. in the Windmill Community Room at City Hall. PROJECT SUMMARY: The applicant is proposing to construct a new 4,333 square-foot, two-story single family residence, approximately 29 feet in height, with a 748 square-foot three-car garage, on CITY OF DIAMOND BAR ~ 21810 COPLEY DRIVE ~ DIAMOND BAR, CA 91765 ~ TEL. (909) 839-7030 ~ FAX (909) 861-3117 5.1.g Packet Pg. 125 Zone Change and Development Review (Planning Case No. PL2015-253) Page 2 of 3 a vacant and undeveloped 11,225 square-foot (0.26 acre) parcel located on the north side of N. Diamond Bar Blvd., between Soltaire Street and Highland Valley Road. The following entitlements are being requested: • Zone Change (ZC) to modify the existing zoning designation from Neighborhood Commercial (C-1) to Low Density Residential (RL), to be consistent with the underlying Low Density Residential General Plan land use designation; and • Development Review (DR) to approve the site and architectural design of a new 4,333 square-foot, two-story single family residence to ensure consistency with the General Plan, Development Code, and compliance with all applicable design guidelines and standards. On June 23, 2020, the Commission voted 4-1 to recommend that the City Council approve the Project (the meeting minutes are included in Attachment F). NOTICE OF PUBLIC HEARING: Public hearing notices were mailed to property owners within a 1,000-foot radius of the Project site on August 7, 2020. The notice was also published in the San Gabriel Valley Tribune newspaper on August 14, 2020. The Project Site was posted with a notice display board, and a copy of the public notice was posted at the City’s four designated community posting sites. Public Comments Received At the time that this report was published, staff received written correspondences from 11 residents stating opposition to the proposed project, which are included in Attachment G. Comments include those previously published in the June 23, 2020, Planning Commission agenda packet, and in the July 21, 2020, City Council agenda packet. RECOMMENDATION: 1. Open the public hearing to take testimony from the public regarding all land use entitlements. 2. Close the public hearing. 3. Adopt Resolution (Attachment 1) recommending approval of the Zone Change to modify the existing zoning from Neighborhood Commercial (C-1) to Low Density Residential (RL). 4. Adopt Resolution (Attachment 2) recommending approval of Development Review No. PL2015-253 to allow the construction of a new 4,333 square-foot, two-story 5.1.g Packet Pg. 126 Zone Change and Development Review (Planning Case No. PL2015-253) Page 3 of 3 single family residence, based on the findings of Diamond Bar Municipal Code (DBMC) Section 22.48.040, subject to the Conditions of Approval contained therein, and forward the matter to the City Council for final consideration. PREPARED BY: REVIEWED BY: Attachments: A. Draft Resolution No. 2020-XX (Recommending City Council Approval of ZC) B. Draft Resolution No. 2020-XX (Recommending City Council Approval of DR) C. Traffic Access Study Dated January 3, 2020 D. Architectural, Conceptual Grading, and Landscape Plans Received January 28, 2020 E. Minutes of the July 21, 2020 City Council Meeting F. Draft Minutes of the June 23, 2020 Planning Commission Meeting G. Written Comments Received 5.1.g Packet Pg. 127 MINUTES OF THE CITY OF DIAMOND BAR MEETING OF THE PLANNING COMMISSION AUGUST 25, 2020 FOR PURPOSES OF THIS SCHEDULED PUBLIC MEETING AND FOR THE SAFETY OF ALL MEMBERS OF THE PUBLIC AND CITY STAFF DURING THE COVID -19 PANDEMIC, A TEMPERATURE TEST AND SYMPTOM SCREENING WAS REQUIRED TO ENTER THE CITY FACILITY AND PARTICIPATE. ANYONE WITH A TEMPERATURE TEST RESULT OF 100.4 DEGREES FAHRENHEIT OR HIGHER, AND/OR DISPLAYING A SYMPTOM OF COVID-19 OR EXPERIENCING A SYMPTOM ASSOCIATED WITH COVID-19 WITHIN THE 72 HOURS PRIOR TO THE MEETING, WAS DENIED ACCESS TO THE FACILITY AND MEETING. FACE COVERINGS AND SOCIAL DISTANCING PROTOCOLS WERE MANDATORY UPON ENTRY TO THE CITY FACILITY. CALL TO ORDER: Chair/Mok called the meeting to order at 6:42 p.m. in the City Hall Windmill Room, 21810 Copley Drive, Diamond Bar, CA 91765. PLEDGE OF ALLEGIANCE: Commissioner Wolfe led the Pledge of Allegiance. 1. ROLL CALL: Commissioners: Naila Barlas, Mahendra Garg (telephonically), Raymond Wolfe, Vice Chairperson William Rawlings, and Chairman Kenneth Mok. Staff Members Participating: Greg Gubman, Community Development Director; James Eggart, Assistant City Attorney (telephonically); Grace Lee, Senior Planner; and, Stella Marquez, Administrative Coordinator 2. PUBLIC COMMENTS: None 3. APPROVAL OF AGENDA: As presented. 4. CONSENT CALENDAR: 4.1 Minutes – Regular Meeting – June 23, 2020. C/Wolfe moved, VC/Rawlings seconded, to approve the June 23, 2020, Meeting Minutes as corrected. Motion carried by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Garg, Wolfe, VC/Rawlings, Chair/Mok NOES: COMMISSIONERS: None ABSENT: COMMISSIONERS: None 5.1.h Packet Pg. 128 ________________________________________________________________________ AUGUST 25, 2020 PAGE 2 PLANNING COMMISSION ________________________________________________________________________ 5. OLD BUSINESS: None 6. NEW BUSINESS: None 7. PUBLIC HEARING(S): 7.1 ZONE CHANGE AND DEVELOPMENT REVIEW NO. PL2015-253 – Under the authority of DBMC Sections 22.48 and 22.70, the property owners and applicant requested a Zone Change to modify the existing zoning district from Neighborhood Commercial (C-1) to Low Density Residential (RL) to be consistent with the General Plan land use designation, and approval of Development Review application to construct a new 4,333 square foot, two story single family residence measuring 28’- 8” high on an 11,225 square foot (0.26 acre) undeveloped vacant lot. PROJECT ADDRESS: 1111 Diamond Bar Boulevard Diamond Bar, CA 91765 PROPERTY OWNERS: James Chin Chou 1359 Bentley Court West Covina, CA 91791 APPLICANT: Creative Design Associates 17528 Rowland Street, 2nd Floor City of Industry, CA 91748 SP/Lee presented staff’s report and recommended that the Planning Commission forward a recommendation to the City Council to approve Zone Change and Development Review No. PL2015-253. Chair/Mok opened the public hearing. Debra Pedley said she was opposed to the project. As a real estate appraiser she knows this house will not be accessible. They will want to build a wall that will create a visual problem for people traveling down the street and delivery people will have to sit outside the gate. There will be trash pickup on Diamond Bar Boulevard and a buyer may want to paint the house a weird color and who would stop them from doing so. Cyclists come through Diamond Bar at a high rate of speed and they will not see cars coming in and out of the property and drivers will not see cyclists going 50 mph down the hill, especially when it is foggy. A house this size belongs in The Country and not in this neighborhood. As a result of this project, home purchases will decline and values will go down in the neighborhood. 5.1.h Packet Pg. 129 ________________________________________________________________________ AUGUST 25, 2020 PAGE 3 PLANNING COMMISSION ________________________________________________________________________ Susan Mullins summarized emails she submitted listing her complaints and concerns about life-threatening probabilities involving physical and mental harm for residents with health issues during construction including noise, debris, dust and pollen. She is also concerned about traffic accidents with people texting and driving as well as, driver’s inability to see in the fog and heavy rain. Douglas Barcon asked that his prior comments and letters be included and referenced and stated he continues to oppose plans for the property because he believes the new project should not be approved. In addition to his previous concerns, the current plan was brought to the Planning Commission prior to approval of the updated General Plan when it was zoned commercial and he felt the property would have been more suitable for a cell tower that looked like a windmill. Joanna Angarola agreed with many statements made by previous speakers including the health concerns about d ebris and pollen being carried into the neighborhood by high winds during construction, traffic collisions and obstruction of the view from her back yard. Donna Earnheart said when the City Council tabled this project for a traffic study she thought the project would not move forward because to her, it is obvious it is not a suitable location for a home. Chair/Mok closed the public hearing. Chair/Mok re-opened the public hearing. Ken Lee, owners representative and land use consultant introduced the project team and thanked staff for quickly mobilizing to put tonight’s hearing together . VC/Rawlings asked for comments regarding the traffic study. Tom Huang , Traffic Engineer, responded that the design speeds were based on the speed limit on Diamond Bar Boulevard which is 50 mph. According to the downhill grade of between 3 and 6 percent, the sight distance analysis was based on the Caltrans and AASHTO standards, which translates to a minimum required site distance of about 550 feet. Based on this analysis, there is adequate site distance looking north for southbound oncoming traffic with an actual site distance of over 900 feet. CDD/Gubman responded to VC/Rawlings that the General Plan designation has always been residential on the subject property. However, there has always been an inconsistency between the General Plan designation, the underlying land use long-term plan for the site, and the zoning of commercial. 5.1.h Packet Pg. 130 ________________________________________________________________________ AUGUST 25, 2020 PAGE 4 PLANNING COMMISSION ________________________________________________________________________ From time to time there are errors and inconsistencies be tween the General Plan and the zoning and they must be consistent before any land use can be approved. VC/Rawlings said his concerns remain that this project is not one that he woul d support as is, even though he is open to hearing more from the applicants because he is particularly concerned about the character of the neighborhood and how this project would fit. He would prefer that the property be developed as commercial so that it would generate a return on investment for the property. Chair/Mok closed the public hearing. C/Wolfe said that the best use of this parcel certainly is not Neighborhood Commercial, which is an issue that has been addressed. While he would not purchase a house perched on a bluff overlooking a freeway, he believes in the property owner’s rights and the property owner and applicant have worked diligently for a long period of time with City staff to make sure the project meets the City’s requirements. C/Wolfe stated that In 2017 he requested the traffic analysis to make sure that this project was not going to create unsafe conditions, and while that traffic analysis certainly cannot adjust to every illegal behavior or poor decision that drivers make , law enforcement works to make sure that to the extent possible, there are not drivers who are not paying attention while they are driving, whether they are texting, reaching for the hamburger or whatever else they may be doing. With respect to comments regarding the dust and noise, every development in Diamond Bar and elsewhere creates dust and noise, which are temporary and the City’s standard conditions address this issue. He moved to recommend approval of the item at the June 23 meeting, and given the opportunity he will do so again this evening. C/Wolfe moved, Chair/Mok seconded, to recommend City Council approval of Zone Change and Development Review No. PL2015-253 as recommended by staff. Motion carried 4-1 by the following Roll Call vote: AYES: COMMISSIONERS: Barlas, Garg, Wolfe, and Chair/Mok NOES: COMMISSIONERS: VC/Rawlings ABSENT: COMMISSIONERS: None 8. PLANNING COMMISSION COMMENTS/INFORMATIONAL ITEMS: None 9. STAFF COMMENTS/INFORMATIONAL ITEMS: CDD/Gubman stated that tonight’s action was a recommendation only, and this 5.1.h Packet Pg. 131 ________________________________________________________________________ AUGUST 25, 2020 PAGE 5 PLANNING COMMISSION ________________________________________________________________________ matter will be reschedule for a hearing before the City Council with the City Council providing the final decision whether to approve or deny the project , or to approve it with modifications. When a date for the City Council hearing has been determined, the public will be notified. 10. SCHEDULE OF FUTURE EVENTS: As listed in the agenda. ADJOURNMENT: With no further business before the Planning Commission, Chair/Mok adjourned the regular meeting at 7:30 p.m. The foregoing minutes are hereby approved this ____________________________, 2020. Attest: Respectfully Submitted, __________________________________ Greg Gubman Community Development Director _______________________________ Kenneth Mok, Chairperson 5.1.h Packet Pg. 132 A2011A201A20123A2014SIDE SETBACK5' - 4"SIDE SETBACK84' - 7 3/4"R E A R S E T B A C K T O B L D G .2 0 ' - 0 "FRONT SETBACK20' - 0"POOLWOOD DECK 3'-0" MAX RETAINING WALL PLUS FENCE WALLCMU FOR A TOTAL 6'-0" MAX HIGH BLOCK WALL FINISHED WITH STUCCO WITH INTERVALS OF WOOD SLATS SEE FENCE WALL (SEE CIVIL)3'-0" MAX RETAINING WALL PLUS FENCE WALLCMU FOR A TOTAL 6'-0" MAX HIGH BLOCK WALL FINISHED WITH STUCCO (SEE CIVIL)3'-0" MAX RETAINING WALL PLUS FENCE WALLCMU FOR A TOTAL 6'-0" MAX HIGH BLOCK WALL FINISHED WITH STUCCO(SEE CIVIL)3'-0" MAX RETAINING WALL PLUS FENCE WALLCMU FOR A TOTAL 6'-0" MAX HIGH BLOCK WALL FINISHED WITH STUCCO (SEE CIVIL)CONC. STEPPING STONE2'-0" RAISED PLANTERDRIVEWAYWOOD GATEAS-1013RAISED GAS BURNING FIREPLACEWOOD DECK POOLSPACONCRETE DECK S E T B A C K T O R O O F E A V E17' - 0 "BUILDING WALL BELOWROOF EAVE (PROJECTS 3'-0" INTO REAR SETBACK)S E T B A C K T O B A L C O N Y B E L O W15' - 0 3 /4 "BALCONY BELOWON 2ND FLOORBBQ & COUNTER TOP1 0 ' - 1 0 1 /2 " 1 0 ' - 8 1/4 "13' - 2 1/4"836' - 10"839' - 3"843' - 0"835' - 10 3/4"844' - 0"1 0 ' - 0 1 /4 "36' - 7 1/2"11' - 0"D IS T A N C E T O 5 7 F R E E W A Y 1 8 5 ' - 0 "57 FREEWAYTYP. MAX6' - 0"TYP.3' - 4"TYP.2' - 8"WOOD SLATS OR SIMILAR TYP.TYP.0' - 3 1/2"TYP.0' - 0 1/2"BLOCK WALL FINISHED MERLEX STUCCO -P-100 GLACIER WHITE (A BASE) -SEMI-SMOOTH SANTA BARBARA FINISH OR APPROVED EQUAL TO MATCH BLDGPrinted Date:Copyright ® By Creative Design Associates, Inc.C h e c k e d B y D a t e :R e f e r e n c e :C D A P r o j e c t N o.S t a m p :R e v i s i o n s :C l i e n t :P r o j e c t :D r a w i n g T i t l e :D r a w i n g N o. :P r o j e c t N o. :YU-WUCH E NNo. C-25837REN .07-31-21S TATE OFCALIFORNIALICENSEDARCHITE C T P h a s e :D r a w n B y :1/28/2020 10:35:00 AMAS-1011111 RESIDENCESITE PLAN &PROJECT DATACheckerAuthor1907SDJames Chou1111 N. Diamond Bar Blvd, Diamond Bar, CA 91765PROJECT DATAOWNER: JAMES CHOU1359 BENTLEY CT.WEST COVINA, CA 91791626-863-6660ARCHITECT:CREATIVE DESIGN ASSOCIATES17528 ROWLAND ST.CITY OF INDUSTRY, CA 91748626-913-8101CIVIL ENGINEER:CAL LAND ENGINEERING, INC.DBA QUARTECH CONSULTANTS576 E. LAMBERT ROADBREA, CA 92821714-671-1050 Ex.118LANDSCAPE: EMERALD DESIGNARCHITECT305 N HARBOR #222FULLERTON, CA 92832714-680-0417SOIL ENGINEER:QUARTECH CONSULTANTS 576 E. LAMBERT ROAD,BREA, CA 92821 714-671-1050TRAFFIC ENGINEER: GANDDINI GROUP INC550 PARKCENTER DR., #202SANTA ANA, CA 92705 714-795-3100PROJECT TEAMAPPLICABLE CODES:2019 CALIFORNIA RESIDENTIAL BUILDING CODE2019 CALIFORNIA MECHANICAL CODE2019 CALIFORNIA ELECTRICAL CODE2019 CALIFORNIA PLUMBING CODE2019 CALIFORNIA GREEN BUILDINGCODE2019 CALIFORNIA TITLE 24 ENERGY CODE2019 CALIFORNIA FIRE CODESITE VICINITY SHEET INDEXSheetNumberSheet NameAS-101 SITE PLAN & PROJECT DATAT-1 TOPO SURVEYC-1 PRECISE GRADING PLANC-2 PRECISE GRADING PLANC-3 EROSION CONTROL PLANL1 LANDSCAPE CONCEPTUAL PLANL2 LANDSCAPE CONCEPTUAL PLANA101 1ST FLOORA102 2ND FLOORA103 ROOF PLANA201 EXTERIOR ELEVATIONSA202 3D VIEWSA203 3D VIEWS WITH CONTEXTA204 3D VIEWS WITH CONTEXT1" = 10'-0"1SiteNo. Description Date1" = 60'-0"2Site Distance to Freeway1/2" = 1'-0"3FENCE WALL ELEVATION DETAIL5.1.iPacket Pg. 133 5.1.iPacket Pg. 134 5.1.iPacket Pg. 135 5.1.iPacket Pg. 136 5.1.iPacket Pg. 137 20' RE A R S E T B A C K 10' FRONT SETBACK REAR P R O P E R T Y L I N E 11'-0"11'-0"1'-0" 10'-0"10'-0" 30'-0" 6'-0"10'-0" 6'-0" 10'-0"3'-0" 6'-0" 5'-0" 5'-0"27'-0"10'-0" 12'-0" NOTE: DISTANCE TO 57 FWY ±160'. PER GOOGLE EARTH 14'-9"15'-3"13'-2" 3'-2"6'-7"41'-0" 5'-8" 10'-0" 17 16 11 18 19 2 1 22 7 15 11 3 1 20 2 21 10 5 9 8 5 13 12 2 14 1 7 4 6 21 3 6 4 23 24 11 25 26 25 26 26 JUNIPERUS SCOPULORUM 'SKYROCKET' SKYROCKET JUNIPER BOTANICAL NAME COMMON NAME TREE LEGEND CERCIDIUM 'DESERT MUSEUM' STANDARD TRUNK DESERT MUSEUM PALO VERDE LAGERSTROEMIA 'NATCHEZ' MULTI TRUNK NATCHEZ WHITE CRAPE MYRTLE LAURUS NOBILIS 'MONEM' STANDARD TRUNK EMERALD WAVE SWEET BAY NOLINA RECURVATA BOTTLE PALM OLEA 'WILSONII' LOW BRANCHING WILSONS FRUITLESS OLIVE 1524" BOX LOW WATER USESIZEQUANTITYSYMBOL 224" BOX LOW 524" BOX LOW 836" BOX LOW 336" BOX LOW 248" BOX LOW ALOE FEROX CAPE ALOE ZOYSIA TENUIFOLIA ZOYSIA GRASS BOTANICAL NAME COMMON NAME SHRUB AND GROUNDCOVER LEGEND AEONIUM ARBOREUM 'ATROPURPUREUM' PURPLE AEONIUM AGAVE AMERICANA CENTURY PLANT ALOE ARBORESCENS TORCH ALOE AGAVE ATTENUATA FOXTAIL AGAVE CALISTEMON 'LITTLE JOHN' DWARF BOTTLE BRUSH DASYLIRION WHEELERI SPOON YUCCA ECHIUM CANDICANS PRIDE OF MADERA MUHLENBERGIA RIGENS DEER GRASS NANDINA 'COMPACTA' COMPACT HEAVENLY BAMBOO SENECIO SERPENS BLUE CHALKSTICKS EUPHORBIA 'STICKS ON FIRE' FIRESTICK PLANT ARBUTUS UNEDO SHRUB FORM STRAWBERRY SHRUB *IN POT *IN POT VITIS 'ROGERS RED' ROGERS CALIFORNIA GRAPE 324" BOX LOW 524 SFSOD MOD WATER USESIZEQUANTITYSYMBOL 275 GAL LOW 815 GAL LOW 295 GAL LOW 405 GAL LOW 325 GAL LOW 75 GAL LOW 145 GAL LOW 2325 GAL LOW 205 GAL LOW @ 18" OC1 GAL LOW 215 GAL LOW 115 GAL LOW 115 GAL LOW CALLOUT LEGEND PERIMITER WALL PERIMETER WALL WITH PANEL FENCING SOLID GLASS OR METAL GATE CONCRETE PAVING ENHANCED CONCRETE PAVING CONCRETE DRIVEWAY CONCRETE MOW STRIP EXPOSED AGGREGATE PAVING LOOSE AGGREGATE STEPS WOOD OR WOOD TYPE TILE PATIO DECK ON GRADE, STEPS DOWN SLOPE GARDEN WALL POOL EQUIPMENT BARBECUE AND COUNTER TOP RAISED POOL BOND BEAM. TO BE FLUSH WITH SPA AND DECK RAISED SPA, TO BE FLUSH WITH DECK POOL, TO BE LOWER THAN SPA AND FLUSH WITH LOWER CONCRETE DECK POOL INFINITY EDGE INFINITY EDGE SPILL BASIN RAISED GAS BURNING FIREPLACE, TO BE HIGHER THAN DECK RAISED PLANTER LARGE BOULDER FOR SEATING CONCRETE LOWER DECK AND POOL COPING. TO BE LOWER THAN DECK , SPA, AND FIREPLACE FLAGSTONE STEPPERS BALCONY ROOF LINE 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 LANDSCAPE NOTES ALL IRRIGATED LANDSCAPE WILL COMPLY WITH THE WATER CONSERVATION LANDSCAPE ORDINANCE. MAXIMUM WATER ALLOWANCE FOR THE SITE IS NO GREATER THAN IS 69957 GALLONS PER YEAR (4319 SF LANDSACAPE AREA) SEPARATE PERMITS ARE REQUIRED FOR RETAINING WALLS, POOLS/SPA, BBQ, OUTDOOR FIREPLACE, AND FENCES OVER 6' IN HEIGHT. QUANTITY % PLANT SIZE PERCENTAGES 2 5% 11 29% 25 66% 37 12 3% 401 97% 413 100%COVER IN 2 YEARS TYPE SIZE TREES 48" BOX 36" BOX 24" BOX TOTAL SHRUBS 15 GAL 5 GAL TOTAL GROUNDCOVER 1/06/20 Prepared by: 1"=10'-0" EMERALD D E S I G N 305 N. Harbor Blvd, Suite 222 Fullerton, California 92832 Tel: (714) 680-0417 California License #3098 Email: charles@emeraldladesign.com CD/A Creative Design Associates 17528 E Rowland St. City of Industry, CA 91748 DIAMOND BAR SINGLE FAMILY 1111 N DIAMOND BAR BLVD DIAMOND BAR, CALIFORNIA 91765 Landscape Conceptual Plan SITE REFERENCE PLAN 60 FW Y57 FWYSITE * 5.1.i Packet Pg. 138 1/06/20 Prepared by: 1"=10'-0" EMERALD D E S I G N 305 N. Harbor Blvd, Suite 222 Fullerton, California 92832 Tel: (714) 680-0417 California License #3098 Email: charles@emeraldladesign.com CD/A Creative Design Associates 17528 E Rowland St. City of Industry, CA 91748 DIAMOND BAR SINGLE FAMILY 1111 N DIAMOND BAR BLVD DIAMOND BAR, CALIFORNIA 91765 Landscape Conceptual Plan JUNIPERUS SCOPULORUM 'SKYROCKET' CERCIDIUM 'DESERT MUSEUM' LAGERSTROEMIA 'NATCHEZ' LAURUS NOBILIS 'MONEM' NOLINA RECURVATA OLEA 'WILSONII' ALOE FEROX ZOYSIA TENUIFOLIA AEONIUM ARBOREUM 'ATROPURPUREUM' AGAVE AMERICANA ALOE ARBORESCENS AGAVE ATTENUATA VITIS 'ROGERS RED' DASYLIRION WHEELERI ECHIUM CANDICANS MUHLENBERGIA RIGENS NANDINA 'COMPACTA' SENECIO SERPENS EUPHORBIA 'STICKS ON FIRE' ARBUTUS UNEDOCALISTEMON 'LITTLE JOHN' 5.1.i Packet Pg. 139 +838 FF+837 FF+838.5 FF+837 FFPANTRYPANTRYLINEN70' - 5 1/2"89' - 7"1 8 ' - 1 1 1 /4 "23' - 0 1/2"13' - 11 1/4"22' - 0"11' - 5 3/4"10' - 6 3/4"8' - 8 1/2"11' - 9 3/4"17' - 5 3/4"15' - 11"5' - 11 3/4"7' - 9 3/4"20' - 5 3/4"4' - 0 1/4"32' - 3 3/4"16' - 2 3/4"8' - 3 1/4"1 8 ' - 1 1 1 /4 "1 3 ' - 0 3 /4 "1 3 ' - 4 1 /2 " 5 ' - 6 3 /4 "4' - 2"1' - 6"89' - 7"6' - 8"21' - 7"13' - 4 1/2"6' - 0"12' - 5 1/2"18' - 11 1/2"10' - 6 3/4"FOYER1LIVING ROOM2STUDY3KITCHEN4BEDROOM 183 CAR GARAGE6POWDER RM7WOK RM5Printed Date:Copyright ® By Creative Design Associates, Inc.C h e c k e d B y D a t e :R e f e r e n c e :C D A P r o j e c t N o.S t a m p :R e v i s i o n s :C l i e n t :P r o j e c t :D r a w i n g T i t l e :D r a w i n g N o. :P r o j e c t N o. :YU-WUCH E NNo. C-25837REN .07-31-21S TATE OFCALIFORNIALICENSEDARCHITE C T P h a s e :D r a w n B y :1/28/2020 10:33:51 AMA1011111 RESIDENCE1ST FLOORKPKP1907SDJames Chou1111 N. Diamond Bar Blvd, Diamond Bar, CA 91765No. Description Date1/4" = 1'-0"1Level 15.1.iPacket Pg. 140 +851 FF+849 FF89' - 7"1 8 ' - 1 1 3 /4 "1 8 ' - 1 1 3 /4 "33' - 11 3/4"33' - 11 3/4"4' - 5 3/4"22' - 10"6' - 8"24' - 5 3/4"5' - 9 1/2"9' - 11 3/4"8' - 8 1/2"5 ' - 1 0 3 /4 "1 3 ' - 1 "24' - 0 1/4"25' - 4 1/4"49' - 4 1/2"7' - 6"35' - 0"4' - 2"2' - 8 1/2"9 ' - 9 1 /2 " 5 ' - 8 1 /4 "89' - 7"6' - 6"23' - 5"8' - 4 1/2"14' - 6 1/2"17' - 9"11' - 2 1/2"7' - 9 1/2"1 8 ' - 1 1 3 /4 "FAMILY/GAME RM9LAUNDRY10BEDROOM 211BEDROOM 312MASTERBEDROOM13Printed Date:Copyright ® By Creative Design Associates, Inc.C h e c k e d B y D a t e :R e f e r e n c e :C D A P r o j e c t N o.S t a m p :R e v i s i o n s :C l i e n t :P r o j e c t :D r a w i n g T i t l e :D r a w i n g N o. :P r o j e c t N o. :YU-WUCH E NNo. C-25837REN .07-31-21S TATE OFCALIFORNIALICENSEDARCHITE C T P h a s e :D r a w n B y :1/28/2020 10:34:23 AMA1021111 RESIDENCE2ND FLOORCheckerAuthor1907SDJames Chou1111 N. Diamond Bar Blvd, Diamond Bar, CA 91765No. Description Date1/4" = 1'-0"1Level 25.1.iPacket Pg. 141 2 :1 2 2%2%2%2%2 %2%2 % 2 %2%2%2%2%2 2 ' - 0 1 /4 "92' - 7"Printed Date:Copyright ® By Creative Design Associates, Inc.C h e c k e d B y D a t e :R e f e r e n c e :C D A P r o j e c t N o.S t a m p :R e v i s i o n s :C l i e n t :P r o j e c t :D r a w i n g T i t l e :D r a w i n g N o. :P r o j e c t N o. :YU-WUCH E NNo. C-25837REN .07-31-21S TATE OFCALIFORNIALICENSEDARCHITE C T P h a s e :D r a w n B y :1/28/2020 10:34:32 AMA1031111 RESIDENCEROOF PLANCheckerAuthor1907SDJames Chou1111 N. Diamond Bar Blvd, Diamond Bar, CA 91765No. Description Date1/4" = 1'-0"1Roof Plan5.1.iPacket Pg. 142 Level 1837' -0"Level 2851' -0"FAMILY GAME RMLEVEL849' -0"T.O. FLAT ROOF862' -0"T.O. LOWER ROOF860' -0"GARAGE LEVEL838' -0"T.O. PITCHEDROOF865' -8"3' - 8"2' - 0"9' - 0"2' - 0"11' - 0"1' - 0"28' - 8"EL005EL001EL009EL012EL007WOOD DECKLEVEL 1836' -6"WOOD DECKLEVEL 2835' -6"CONCRETELOWER DECK834' -6"Level 1837' -0"Level 2851' -0"FAMILY GAME RMLEVEL849' -0"T.O. FLAT ROOF862' -0"T.O. LOWER ROOF860' -0"GARAGE LEVEL838' -0"T.O. PITCHEDROOF865' -8"3' - 8"2' - 0"9' - 0"2' - 0"11' - 0"1' - 0"28' - 8"EL010EL001EL009EL006EL012EL007EL005EL004WOOD DECKLEVEL 1836' -6"WOOD DECKLEVEL 2835' -6"CONCRETELOWER DECK834' -6"Level 1837' -0"Level 2851' -0"FAMILY GAME RMLEVEL849' -0"T.O. FLAT ROOF862' -0"T.O. LOWER ROOF860' -0"GARAGE LEVEL838' -0"3' - 8"2' - 0"11' - 0"1' - 0"10' - 0"1' - 0"T.O. PITCHEDROOF865' -8"28' - 8"EL009EL001EL002EL005EL008EL012EL007EL003EL011WOOD DECKLEVEL 1836' -6"WOOD DECKLEVEL 2835' -6"CONCRETELOWER DECK834' -6"Level 1837' -0"Level 2851' -0"FAMILY GAME RMLEVEL849' -0"T.O. FLAT ROOF862' -0"T.O. LOWER ROOF860' -0"GARAGE LEVEL838' -0"T.O. PITCHEDROOF865' -8"3' - 8"2' - 0"9' - 0"2' - 0"11' - 0"1' - 0"27' - 8"EL010EL005EL007EL012EL001EL009EL004EL006WOOD DECKLEVEL 1836' -6"WOOD DECKLEVEL 2835' -6"CONCRETELOWER DECK834' -6"Printed Date:Copyright ® By Creative Design Associates, Inc.C h e c k e d B y D a t e :R e f e r e n c e :C D A P r o j e c t N o.S t a m p :R e v i s i o n s :C l i e n t :P r o j e c t :D r a w i n g T i t l e :D r a w i n g N o. :P r o j e c t N o. :YU-WUCH E NNo. C-25837REN .07-31-21S TATE OFCALIFORNIALICENSEDARCHITE C T P h a s e :D r a w n B y :1/28/2020 10:37:11 AMA2011111 RESIDENCEEXTERIORELEVATIONSCheckerAuthor1907SDJames Chou1111 N. Diamond Bar Blvd, Diamond Bar, CA 917651/8" = 1'-0"1East1/8" = 1'-0"2West1/8" = 1'-0"3South1/8" = 1'-0"4NorthEXTERIOR KEYNOTESKey Value Keynote TextEL001 WALL FINISH - MERLEX STUCCO - P-100 GLACIER WHITE (A BASE) - SEMI-SMOOTH SANTA BARBARAFINISH OR APPROVED EQUALEL002 STONE VENEER - CULTURED STONE - GRAY SOUTHERN LEDGESTONE OR APPROVED EQUALEL003 DOOR - PIVOT DOOR COMPANY - SYDNEY PRE-BUILT DOOR - 49 1/2" X 97 3/4" - WALNUT FINISH ORAPPROVED EQUALEL004 DOOR - NANAWALL CLIMA CLEAR - FOLDING - CLEAR ANODIZED FINISH OR APPROVED EQUALEL005 WINDOW: MILGARD: QUIETLINE SERIES SLIDING WINDOW WITH MIN. STC 40, WHITE FRAME, LOW-ECLEAR GLASS OR APPROVED EQUALEL006 PATIO DOOR: JELD-WEN: PREMIUM ATLANTIC VINYL SWINGING PATIO DOOR, WHITE FRAME, LOW-ECLEAR GLASS, NO GRILLES, OR APPROVED EQUALEL007 METAL CABLE RAILING: FEENEY DESIGNRAIL: STANDARD POSTS, SURFACE MOUNT, SILVER FRAMECOLORS W/ RECTAGULAR TOP RAIL, HORIZONTAL CABLES INFILL OR APPROVED EQUALEL008 GARAGE DOOR - OVERHEAD DOOR MODERN ALUMINUM - MODEL 511 - IMPACT FROSTEDPOLYCARBONATE - CLEAR ANODIZED FINISH OR APPROVED EQUALEL009 FIBER CEMENT SIDING - NICHIHA VINTAGEWOOD WOOD SERIES S OR APPROVED EQUALEL010 METAL WALL/ROOF PANEL: AEP SPAN SUPERSPANFINISH: DURA TECH MX COOL METALLIC SILVER OR APPROVED EQUALEL011 CONCRETE LOOK FINISH: WESTCOAT TEXTURE CRETETOPCOAT COLOR: LIQUID COLORANT TC40 SMOKE308 OR APPROVED EQUALEL012 LIGHTING - VISA LIGHTING - OW1464 -WRAP L30K-L - HTHR - OR APPROVED EQUALNo. Description Date5.1.iPacket Pg. 143 Printed Date:Copyright ® By Creative Design Associates, Inc.C h e c k e d B y D a t e :R e f e r e n c e :C D A P r o j e c t N o.S t a m p :R e v i s i o n s :C l i e n t :P r o j e c t :D r a w i n g T i t l e :D r a w i n g N o. :P r o j e c t N o. :YU-WUCH E NNo. C-25837REN .07-31-21S TATE OFCALIFORNIALICENSEDARCHITE C T P h a s e :D r a w n B y :1/28/2020 10:46:17 AMA2021111 RESIDENCE3D VIEWSCheckerAuthor1907SDJames Chou1111 N. Diamond Bar Blvd, Diamond Bar, CA 917651Street View2North ElevationNo. Description Date5.1.iPacket Pg. 144 Printed Date:Copyright ® By Creative Design Associates, Inc.C h e c k e d B y D a t e :R e f e r e n c e :C D A P r o j e c t N o.S t a m p :R e v i s i o n s :C l i e n t :P r o j e c t :D r a w i n g T i t l e :D r a w i n g N o. :P r o j e c t N o. :YU-WUCH E NNo. C-25837REN .07-31-21S TATE OFCALIFORNIALICENSEDARCHITE C T P h a s e :D r a w n B y :1/28/2020 10:41:57 AMA2031111 RESIDENCE3D VIEWS WITHCONTEXTCheckerAuthor1907SDJames Chou1111 N. Diamond Bar Blvd, Diamond Bar, CA 91765No. Description DateNTS1VIEW FROM DIAMOND BAR BLVD5.1.iPacket Pg. 145 Printed Date:Copyright ® By Creative Design Associates, Inc.C h e c k e d B y D a t e :R e f e r e n c e :C D A P r o j e c t N o.S t a m p :R e v i s i o n s :C l i e n t :P r o j e c t :D r a w i n g T i t l e :D r a w i n g N o. :P r o j e c t N o. :YU-WUCH E NNo. C-25837REN .07-31-21S TATE OFCALIFORNIALICENSEDARCHITE C T P h a s e :D r a w n B y :1/28/2020 10:42:13 AMA2041111 RESIDENCE3D VIEWS WITHCONTEXTCheckerAuthor1907SDJames Chou1111 N. Diamond Bar Blvd, Diamond Bar, CA 91765No. Description DateN.T.S1BIRDSEYE VIEW OF SITEN.T.S.2BIRDSEYE VIEW OF SITE ZOOMED IN5.1.iPacket Pg. 146 1 Grace Lee From:neeners121 <neeners121@aol.com> Sent:Monday, August 24, 2020 4:09 AM To:Grace Lee Subject:Planning Committee Aug 25 CAUTION: This message originated outside of our City of Diamond Bar network. Sent from my Verizon, Samsung Galaxy smartphone I may have to send this email in three parts as I am on a smartphone. I am very grateful the City Council gave us another chance to be heard by your committee. I am a handicapped senior who has lived in north Diamond Bar for almost 40 years. As an advocate for other seniors and citizens in this area, I can assure you this one home will cause a great deal more harm to Diamond Bar and its citizens, than good. This is actually a life and death matter. 1. I am in complete opposition to the clearance of the Traffic Report. Something is VERY amiss here and since human lives are at stake, I am requesting a second opinion. I have been traveling that part of Diamond Bar Blvd extensively for 38 years, coming south on Mission from Pomona actually many thousands of times. Many times I turn left at Soltaire to go home, and many times I continue on to shop or eat. No matter what, when you have the green light at Temple it is always dangerous because traffic is moving at approx 55 to 60 mph and sometimes more. Add to that you are starting to head downhill which adds to acceleration. There is absolutely no way anyone could be prepared for a vehicle to brake dead ahead of you!! a. These vehicles will be in the hundreds and will include construction workers, plumbers, electricians, roofers, landscapers, gardeners, trucks, post office, garbage, food delivery, architects, visitors, friends, and more! b. There are no address markers or visual markers so all of these people are going to be confused trying to find the site, and distracted, adding to the danger. c. We are talking about teen drivers, elderly drivers, inexperienced drivers, newly immigrated drivers, and did I mention all the people who are actually driving while texting? I sit high in a truck and I see people texting while driving every single day! Also, people like me who have driven that road for so many years will be blindsided. d. Rain, sundown, nighttime and FOG will certainly compound the danger. e. In the last two years my neighbors have experienced THREE accidents near this location and one was fatal!! This can be verified by you. f . Each and every car coming down that hill will be at risk, including the workers. Each driver will have a completely different dynamic occurring at the time they see brake lights. The distance between the two vehicles will always be vastly different. Speed, traffic flow, changing lanes, passing cars, fiddling with the radio, heater, or air conditioner, texting, arguing with a passenger, eating a burger, contacts itching, distractions galore. Noone and I repeat NOONE is going to be prepared for a vehicle to start braking dead ahead when you are at 60 mph! 5.1.j Packet Pg. 147 1 Grace Lee From:neeners121 <neeners121@aol.com> Sent:Monday, August 24, 2020 5:11 AM To:Grace Lee Subject:Part 2 CAUTION: This message originated outside of our City of Diamond Bar network. I am deeply curious if the members of the Planning Committee, and City Council have gotten together as a group to visit this site. If you stood at this site at peak traffic times of morning or late afternoon, you will actually see exactly what I am trying to convey. Actual lives ARE in danger and somehow this issue has been kicked to the curb. If you visited this site you would also be more acquainted with the other serious issues this one home will pose to many people, but especially north Diamond Bar and its citizens. I am hopeful you have read the emails I have sent to Mayor Tye. North Diamond Bar is very windy. Not just breezy, but actual windy. This, too, can be verified. I have clearly noted that we have hundreds of handicapped seniors within 1000 feet of this home, especially in the condo community right next door. Where do you think all the dirt, debris, sawdust, and pollen from this location is going to land due to the wind? Most will carry to the condo community but a lot will travel up our hill. I am approx 150 feet from this site across Diamond Bar Blvd, on Flintlock. Me, and five of my direct neighbors to my north are seniors with health issues. We all face this site! My neighbor 2 doors away is on oxygen and my neighbor directly next door has a six year old child with asthma! I have physical, and mental disorders, including a sleeping disorder. Who in the world is going to protect us? We are old, tired, and need peace and quiet. Do you have any idea how much noise this site will generate? From morning till night? All of our homes have been built for living facing the site. I do not hear much noise to the front of my home but I hear ALL noise at the back of my home. Noise carries up. We will hear each nail that is driven. I also take exception with a report that this site will not affect the view of the homes on our hill. THAT IS NOT TRUE! It will not only greatly affect our view, but it will also affect our property values. We may not see the home when we are inside!, but we will ALWAYS see it when we are outside and it will basically be a very large, very modern, homely, roof attached to a glob of brick and mortar that once was greenbelt and awe. It will completely destroy the ambience of north Diamond Bar as it has remained for 50 years. Sent from my Verizon, Samsung Galaxy smartphone 5.1.j Packet Pg. 148 1 Grace Lee From:neeners121 <neeners121@aol.com> Sent:Monday, August 24, 2020 6:36 AM To:Grace Lee Subject:Part 3 CAUTION: This message originated outside of our City of Diamond Bar network. Who in the world will buy this house? All this for a house that will likely spend its life vacant except for the weekly maintenance NOISE of the gardeners with their saws, weedwackers, blowers and lawnmowers! 36 trees to trim will take hours. NOISE ALERT. The house is going to be very expensive. Possibly 4 million dollars. Any new owners will be mere feet from the 57 freeway and all the dust, exhaust, fumes and noise that will provide. They won't get quite the view we enjoy because a great deal of their view will actually BE the 57 freeway. When traffic is jammed, which is a lot, the view, and exhaust, will be horrific. They will have no back yard, no front yard, no pool, and the property will be a danger to small children. They can never have a party and this nonsense about a horseshoe driveway being a good thing is just that. Nonsense. Say they are going to have a small gathering and the property can accommodate 11 cars.(I forget the actual number). When you have 11 cars arriving for a gathering and there is a horseshoe driveway just who is going to be hired to DIRECT the cars coming and going so they all fit? The horseshoe will actually create a problem. It will be mayhem and cars will end up on Diamond Bar Blvd blocking traffic or causing accidents. Remember, in theory this house could have many different owners over the years with different ways of doing things and this lack of space, and structure, is going to play hell with the traffic. I personally could never buy a property that stole so much from the neighbors. That would make me a truest form of villain. So now why would my city allow all this danger, noise, debris, and ugly to pounce upon it's long time, citizens? I am hopeful the tax money on this property is not enough to allow all this to beat the snot out of so many people. With regards to this tax money, I had lived in Diamond Bar for almost 30 years and guess what? My streets were NEVER dirty. When they started street cleaning, the streets were exactly the same except now Diamond Bar makes LOADS of money on these penalties. I have also witnessed 80 year old citizens that have to drive their extra cars to the bowling alley, or Walmart, on street cleaning days and walk up long steep hills to get home. Then walk back down in the heat, or at night. When sick they just pay the penalties. This is so sad to witness. Diamond Bar does not need the tax money on one home. I also wish to know who in Diamond Bar is going to protect one of our greatest gifts and assets? That which makes us quite unique and that we have enjoyed for 50 years. That of the beauty and grandeur of a truly awesome panorama that will be lost forever if this house is built. This is NOT a view, but an actual panorama, and provides a lovely view of greenbelt, hills, farmland and agriculture that is very rare indeed. If you have visited this site you will see exactly what I mean. Please pass this email to the Planning Commission members and City Council members. I do not know how from my phone. Thank you for your time. Sincerely. Susan Mullins 5.1.j Packet Pg. 149 2 Sent from my Verizon, Samsung Galaxy smartphone 5.1.j Packet Pg. 150 1 Grace Lee From:neeners121 <neeners121@aol.com> Sent:Tuesday, August 25, 2020 5:05 PM To:Grace Lee Subject:Tonight's meeting CAUTION: This message originated outside of our City of Diamond Bar network. Hello Ms Lee: The following are comments I will be making at tonight's meeting. It is ok if they do not reach the members in time for the meeting, but please pass them along to everyone including the City Council. I would just like them to be in the records. I am dismayed that I have had to bring stark realities of life threatening probabilities of this construction to your attention. As my city officials I would believe it to be your job, and experience, to already know, and allow, for the harm it will create. This home should never have been considered from the beginning. I am not quite understanding how so many members of my city government are not aware or concerned about the actual real impact this one house will induce on its citizens. I have listened to three different meetings on this site and noone has ever mentioned the harm the actual construction and aftermath can, and will, certainly produce for your citizens. You have requested environmental studies, and traffic studies, but how about the human impact studies. I was hopeful you could be able to bring these concerns to my attention. We have multitudes of children, adults, and seniors with serious health issues and this house will only make their conditions worse! This must not be allowed to happen to even one human being, much less hundreds. The physical and mental harm will be disasterous! That is a fact. I am concerned that for those thousands of Diamond Bar residents who have lived here 30 to 50 years, and oppose this hugh house, you appear to be more favored to someone who has never even lived in Diamond Bar. There are very few, if any, residents of Diamond Bar in favor of this house. How long they have been applying for this home is not a concern, and should never be considered. How it impacts the citizens certainly is. North Diamond Bar has existed for over 50 years. In that time frame not only has it not been developed in any way, its buildings, landscapes, trees, views, landmarks and homes have all developed a unique "Patina", which is a natural coating, like skin, that is familiar, comforting, attractive and again, unique. It is its very own one of a kind. The hugh size, location, and materials of this house will be quite horrible, and stick out like a big ugly boil on a pretty face. It will completely transform all of north Diamond Bar with negative impact The traffic study is a life threatening concern and I am adamant that it is faulty and that lives are at stake. Let me plant these TWO profound realities: 1. Is this study a standardized study and has it allowed for the new social phenomenon and reality of texting while driving? It is rampant, and remember, even though it is illegal, and wrong, these are our children, friends and neighbors. They are texting on that road. We are all at risk. 2. Has it considered fog and rain? There is no way an accident will be prevented in the fog, or heavy rain. Just no way. This MUST be addressed. I have been very vocal about the noise and debris this construction will produce. That alone should be enough to shut this down. It will certainly disturb all peace. The people closest to the site are in the hundreds. There are those directly across the street and those living in the condo community only feet away to the north. Many of us are handicapped seniors with serious, and life threatening, illness, and many are children or middle aged adults. Within feet of this site humans of all ages are suffering from the following: Asthma, depression, anxiety, COPD, heart disease, blood pressure, sinus, cancer, sleeping disorders, arthritis, 5.1.j Packet Pg. 151 2 emphysema, bronchitis, pneumonia, skin disorders, to name just a few. The construction noise, and activity, will not only cause them immediate harm, it will actually make their conditions worse. Our windy conditions will carry all the dirt, dust, debris, weeds, pollen, and sawdust directly into our homes. Please note, and remember, this will not go on for days and weeks, but months and months. Then, even the weekly garden maintenance will be very loud, disruptive, and harmful. Remember, this will affect hundreds. If someone needs to sell their home during this construction it will be almost impossible. Potential buyers will be drawn to the noise, size of the site, and loss of view and investment. We will no longer be able to claim a view home. Real facts here people. Please make the right choice for the citizens of Diamond Bar because we are acutely in need of your understanding, and assistance. Sincerely, Susan Mullins Sent from my Verizon, Samsung Galaxy smartphone 5.1.j Packet Pg. 152 2020-08-24 Mr. Felino Bautista 1141 Flintlock Rd Diamond Bar, CA 91765 Diamond Bar City Planning Commission Ms Grace Lee, Senior Planner City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 Subject: Zone Change and Development Review Planning case No. PL2015-253 Dear Ms Lee I am writing this letter to voice my concerns for the proposed house that is proposed at 1111 N. Diamond Bar Blvd. I do not feel comfortable in attending a public meeting at city hall during the COVID pandemic. I would hope that the city will continue to do a live stream of this important meeting as have the previous meetings. My issues are based on safety considerations and appropriateness of the proposed design: 1) The house is built for speculative purposes. The owner will not live at the house. Although this is not a normal issue for development, the placement of the property will require statement of pollution issues/air quality in the seller’s documentation as approved in the last planning meeting. Because of those warnings, I wonder if the house will be occupied after it is built. 2) The property itself does not lend itself well to fitting into the neighborhood since it is separated by a CALTRANS drainge ditch separate from the townhouses that are at Soltaire and Diamond Bar Blvd. It is in fact, a stand alone house because of lot placement. 3) View sight lines have been discussed at previous meetings, and the neighbors that live above the building site have commented at all the meetings that I have attended. 4) Parking is limited to 3 cars in the garage, and five cars outside. Due to the design of the front of the house, those cars, that are in the bounded by the first car and the last car to the driveway, will require shuffling if house guests decide to leave. Since there is no parking on Diamond Bar Blvd, I view this as a possible issue for traffic management and safety. 5) The design intimates that there is an entryway/walkway from Diamond Bar Blvd to the front of the house. Since there is no parking on Diamond Bar Blvd, I suggest that this portion of the design be rethought, and eliminated, to preclude possible illegal parking on Diamond Bar Blvd. 5.1.j Packet Pg. 153 6) If there are cars parked in the front of the house, and cannot access the front, where are delivery trucks and waste trucks suppose to leave packages, and pick up waste bins. There is no stopping for cars or trucks on Diamond Bar Blvd at that location. 7) The traffic study used 50mph as an upper bound for the car speed on Diamond Bar Blvd. From experience, I believe this is underestimated, and should be extended to 60mph. The traffic engineer indicated that the sight line from the condominiums to the drive way is approx 1000 feet, and supports seeing a car going down Diamond Bar Blvd. However, on physically examining the proposed location of the drive way, the driver exiting the property will need to edge out into the traffic lane and ascertain if entry is possible. The car is at a standstill at that point and will be required to accelerate to safely merge into traffic. As an observation, there was a traffic fatality in late December not more than an 1/8 mile from the proposed building site. The attached images show the relative position of the accident site and the proposed location of the driveway. 8) The only street access to reach the proposed house by foot is parking on Soltaire Avenue and Diamond Bar Blvd or by parking at Highland Valley Blvd and Diamond Bar blvd. There is no crosswalk for pedestrians to cross Diamond Bar Blvd safely. 9) As a matter of record, I would ask why the property was sold to an individual in the first place. 10) The following two photographs show the distance from the proposed driveway (third light standard on left) to where the December accident occurred. 5.1.j Packet Pg. 154 As seen in the above photograph, the accident happened less that 1/8 mile from the proposed development site. Accident memorial. Proposed location 5.1.j Packet Pg. 155 11) Photo taken at the approximate location of the proposed driveway, showing typical traffic. Note that the lane closest to the curb is a bike lane and is used everyday by cyclists. 5.1.j Packet Pg. 156 5.1.j Packet Pg. 157 1 Grace Lee From:Cynthia Robin Smith <diamondbarbeautiful@gmail.com> Sent:Tuesday, August 25, 2020 4:26 PM To:Grace Lee Cc:Greg Gubman; Kristina Santana Subject:Public Comments for Aug 25, 2020 Attachments:CommentsAug232020.pdf CAUTION: This message originated outside of our City of Diamond Bar network. Dear Grace & Greg, Please submit these comments for tonight's Planning Commission meeting. I will not be attending the live meeting due to Covid safety concerns. Thank you for adding these comments to the discussion tonight. Take Care. Robin Attachment Cynthia "Robin" Smith, Editor, Research & Development, Naturalist Diamond Bar Is Beautiful Blog: www.diamondbarisbeautiful.com California Native Trees, Landscapes; Wildlife Habitat Conservation Diamond Bar - Pomona Valley Sierra Club Task Force, Chair A Public Benefit, Non-Profit Organization 324 S. Diamond Bar Blvd., #230 Diamond Bar CA 91765 909-861-9920 Desk 951-675-6760 Cell 5.1.j Packet Pg. 158 August 25, 2020 PUBLIC COMMENTS TO: City of Diamond Bar, Sr. Planner, Grace Lee, Community Development Director, Greg Gubman City of Diamond Bar Planning Commissioners RE: 1111 N. Diamond Bar Blvd. Proposed Project/Zone Change Dear Grace, Greg and Commissioners, Once again, I am grateful for the opportunity to speak about this very important project proposal. As a resident and a community advocate, I have spoken with many neighbors and we all continue to struggle grave concerns about this proposal. This speculation project, proposed by a foreign investor with no potential community regard for the safety, aesthetics and quality of life, continues to appear to be an unworthy development, in the City of Diamond Bar. Here are reasons for my opposition and concern: 1.Speculation projects are frequently approved via “Play to Pay” unethical political practices. City of Diamond Bar staff, management and public servants are expected to be uninvolved in “Pay to Play” practices. 2.The location and nature of this speculation project defines an example of Urban Sprawl, which threatens the City of Diamond Bar. 3.Zoning changes regarding this project site are in question due to inconsistent map indications in the recent General Plan process. It is unclear if zoning changes were performed with proper Public notice. 4.The traffic study performed, does not consider or discuss the fatal, single vehicle crash, which occurred within feet of the project site. Today, there is a shrine commemorating loss of life, placed on the fencing. (See photo) This disturbing oversight begs a question: “Will city decisions approving the project be responsible for future, tragic auto crashes near this site? Aren’t city decisions supposed to teach and be a vanguard to public safety?” 5.No matter how luxurious, this single-family dwelling is highly unlikely to be sold and occupied by one family - for so many negative points: heavy traffic fumes, dirt, noise, potential freeway car fires (regularly occurring on Diamond Bar freeway roadsides.). The public’s general consensus is, this project will be used for short-term-rentals, maternity hotel or some other business operation. 5.1.j Packet Pg. 159 August 25, 2020 PUBLIC COMMENTS 6.The size and presence of a single mansion placed next to a freeway and a main boulevard, at a city entrance, which sets. the tone for city beauty, safety and quality of life - runs the risk of damaging city and neighborhood integrity. Again, “Urban Sprawl” is an accurate term here. This investment property is wholly unfortunate. This particular parcel ought never to have been sold. Over years of deliberation, it has proved to be unsuitable for business and now it is being considered a “desirable” residential property? If the city approves the proposal, the situation begs a question: “Does the City of Diamond Bar have obligations to assist investors in making good on a potentially “bad” investment?” I appreciate the thoughtful consideration of this information, especially by the planning commissioners.  City decisions contribute to the health, wellbeing of all residents and the durable reputation of our great city. For the People of Diamond Bar, Respectfully Submitted, C. Robin Smith Attachment: Photograph, fence memorial, near the site Please disseminate this information to the Diamond Bar Planning Commission Diamond Bar Is Beautiful Blog: www.diamondbarisbeautiful.com California Native Trees, Landscapes; Wildlife Habitat Conservation Diamond Bar - Pomona Valley Sierra Club Task Force, Chair A Public Benefit, Non-Profit Organization 324 S. Diamond Bar Blvd., #230 Diamond Bar CA 91765 5.1.j Packet Pg. 160 August 25, 2020 PUBLIC COMMENTS Pic, C. Robin Smith Traffic crash memorial, approx. 300 feet from 1111 N. Diamond Bar Blvd. December 2019, 2 a.m., single-car accident. 5.1.j Packet Pg. 161 1 Grace Lee From:Doug Barcon <dougbarcon@gmail.com> Sent:Tuesday, August 25, 2020 4:51 PM To:Grace Lee Subject:Re: Review Planning Case No. PL2015-253 CAUTION: This message originated outside of our City of Diamond Bar network. Hi Grace: I wanted to reiterate my prior comments and letters on the Zone Change and Development Review Planning Case No. PL2015-253 for property located at 1111 N. Diamond Bar Blvd., Diamond Bar, CA 91789 (APN: 8706-008-013) to ensure they are referenced in tonight’s planning commission meeting. I am still opposed to the plans for the property. It is likely the owner is building for speculative purposes and not for his personal primary residence. Potential uses could include a birthing center or Airbnb. I suggest that the city does not entertain decreasing the posted speed limit on Diamond Bar Blvd if this property was to be approved. The roadway is downhill from Temple and drivers should not be expected to ride their brakes to maintain a slower speed than is currently permitted. Respectfully, Douglas Barcon -- Sent from my iPhone 5.1.j Packet Pg. 162 Douglas Barcon 404 N. Rock River Dr. Diamond Bar, CA 91765 Dan Fox Diamond Bar City Manager 21810 Copley Drive Diamond Bar, CA 91765 August 27, 2020 Dear Mr. Fox, Since you are the Diamond Bar City Manager, I am writing to you regarding a statement made by a planning commission commissioner during the August 24, 2020 Diamond Bar Planning Commission meeting that is deeply concerning and has enlightened me to a problem with city management. After the meeting concluded, I realized that city management, city council, and the appointed commissioners are patronizing the residents of the city and wasting their time. While the Brown Act requires open meetings, it does not require the City to act on resident concerns. Typically, a comment is made by city officials that downplays resident/stakeholder concerns. I have spent many hours researching specific issues that were on the agenda of city meetings and presenting the results at meetings, only to have somebody else given credit for the research sometimes, or my comments are downplayed as having little or no merit because I am not a city- hired consultant or do not have specific letters after my name to give me credibility in the subjects under review. I no longer see a value in attending city meetings or commenting at such meetings because the city council, commissions, and city management are going to do what they want anyway with little if any regard for city resident comments, e-mails, and letters. During the Planning Commission meeting on August 24, 2020 in response to agenda item 7.1 regarding zone change and development review PL2015-253 on the land parcel at 1111 N. Diamond Bar Blvd., Commissioner Raymond Wolfe stated that property owners should be able to build what they want on their property. His motion to approve the project was seconded by Chairman Kenneth Mok and voted upon by the commission 4-1 to approve the project regardless of ongoing negative resident comments at the meeting and since the project was first discussed. It has made no difference what the residents provided in comments and material to the Planning Commission and City Council. Resident comments just slowed the process. The City Council previously voted on June 23, 2020 to refer the project back to the Planning Commission for discussion, which was the August 24, 2020 meeting. The traffic engineer hired by the property owner was permitted to make a comment on the findings of their traffic study. He mentioned that there was 900 feet spacing before the project driveway as being sufficient. The commissioners did not question or drill down on that statement or question at what distance a driver would see a vehicle exiting a driveway. The fact is that line- of-sight is variable because the roadway curves to the left and is a downhill grade. Drivers are likely to stare at the 4,333 square-foot two-story house that looms in front of them than they are 5.1.j Packet Pg. 163 to pay attention to a vehicle exiting one of the two driveways of the project. Regardless of what the traffic study showed, the project creates unsafe conditions on Diamond Bar Blvd. Looking back at the Tres Hermanos Ranch meetings, I took the initiative to research the feasibility of building a 450-megawatt solar farm on the property based on current solar cell/solar panel technology. Nobody had done such a report prior to my comment at a Tres Hermanos Ranch meeting. Later, somebody else was credited with reporting on the feasibility of such as solar project. Moving forward, I attended and commented at most of the General Plan 2040 GPAC meetings. I submitted to GPAC a report on the sound levels of the railroad trains taken in the backyard and front yard of my home with the trains at various distances and various hours, which were typically at night. GPAC and Greg Gubman essentially discounted my sound level meetings for inclusion in the general plan for potential noise abatement. I processed all of this information and distilled it into a conclusion that the city has little regard for information provided by residents and consultants hired by residents. The statement by Planning Commissioner Wolfe highlighted the issue that the Planning Commission is going to do what it wishes without regard for resident/stakeholder input. Under such circumstances, it would seem appropriate to sanction such behavior and remove the Planning Commissioners from office. Perhaps it is appropriate to fill Planning Commission seats by city election with campaign funding by the city and not by appointment. I would appreciate a response to this letter and appropriate resolution. Best wishes, Dr. Douglas Barcon Please redact my address from any posting or publishing of this letter for privacy concerns. 5.1.j Packet Pg. 164 1 Grace Lee From:Marsha Roa Sent:Thursday, August 27, 2020 8:52 AM To:Kristina Santana; Grace Lee Subject:FW: Regarding 1111 N. Diamond Bar Blvd Hello, I received this message via the general City email inbox. Thank you, Marsha Roa | Public Information Manager City of Diamond Bar (909) 839-7055 Important Notice: Until further notice, all City facilities, including City Hall, the Diamond Bar Center and Heritage Park will be closed to the public. In the meantime, staff is available to provide services and answer questions by phone and email. For more information, visit www.diamondbarca.gov/covid19 From: Debbie <dpsweety@yahoo.com> Sent: Thursday, August 27, 2020 6:27 AM To: Marsha Roa <MRoa@DiamondBarCA.Gov> Subject: Regarding 1111 N. Diamond Bar Blvd CAUTION: This message originated outside of our City of Diamond Bar network. Sent from my iPhone Begin forwarded message: From: Debbie <dpsweety@yahoo.com> Date: August 27, 2020 at 6:23:20 AM PDT To: planning@diamondbarca.gov Subject: Regarding 1111 N. Diamond Bar Blvd Hi, This is reason I found not to build that 4333sf house at 1111 N. Diamond Bar Blvd. In planning and zoning, there are arterial roads like boulevards, meant to move collected roads to freeways then collector roads or distributer roads, meant to move traffic from local streets, and provide access to Local streets deliver to homes. From the aerial map, this is a collector road. The owner should not be able to alter the use if this site to a single family residence, as it sits on a collector road. Thank you, 5.1.j Packet Pg. 165 2 Debra Pedley 23719 Highland Valley Rd Diamond Bar, Ca 91765 Sent from my iPhone 5.1.j Packet Pg. 166 Agenda #: 6.1 Meeting Date: September 15, 2020 TO: Honorable Mayor and Members of the City Council FROM: Daniel Fox, City Manager TITLE: FIRST READING OF ORDINANCE NO. 02 (2020) AMENDING TITLE 15 OF THE DIAMOND BAR MUNICIPAL CODE TO ADOPT, BY REFERENCE, TITLE 32, FIRE CODE OF THE LOS ANGELES COUNTY CODE, AS AMENDED, WHICH CONSTITUTES AN AMENDED VERSION OF THE CALIFORNIA FIRE CODE, 2019 EDITION. STRATEGIC GOAL: Safe, Sustainable & Healthy Community RECOMMENDATION: Introduce for first reading by title only, waive full reading of Ordinance No. 02 (2020), and set for public hearing, second reading and adoption at the October 6, 2020 City Council meeting. BACKGROUND: Every three years, the California Building Standards Commission updates the California Building Standards Codes (“California Codes”), a compendium of construction standards intended to ensure that buildings are constructed and renovated in a manner that is safe, green, and provides a decent quality of life for the buildings’ occupants. The commission published the 2019 updates in July 2019. Included among the California Codes is the California Fire Code. The California Codes serve as the baseline construction standards for all local governments in the state. Cities and counties may adopt amendments to the California Codes to enact more restrictive building standards as needed to protect the public health, welfare and wellbeing due to local climatic, geologic and topographic conditions. The City Council adopted the 2019 California Codes with local amendments on December 3, 2019 [Ordinance No. 04(2019)]. For the reasons discussed below, the ordinance did not include local amendments to the Fire Code. Diamond Bar is one of 58 cities which are members of the Consolidated Fire Protection 6.1 Packet Pg. 167 District of Los Angeles County (“District”), with fire protection services provided by the Los Angeles County Fire Department. The District prepares the amendments to the California Fire Code on behalf of the Fire Department’s client cities and unincorporated portions of the County. The California Fire Code with the District amendments, is then adopted as Title 32 of the Los Angeles County Code, and becomes the Fire Code for the District (“District Fire Code”). Because of the District’s broad geographic jurisdiction, amendments that address the diverse characteristics of the region commonly require additional time to craft. On March 10, 2020, the Board of Supervisors, acting as the governing board for the District, adopted the 2019 District Fire Code, which then became effective beginning April 10, 2020. The City must now ratify the District Fire Code as the Fire Code for the City in order to delegate enforcement authority to the District Fire Chief. ANALYSIS: The proposed ordinance amends Title 16 of the Diamond Bar Municipal Code incorporating the 2019 District Fire Code. The District Fire Code amendments to the California Fire Code are reasonably necessary because of local climatic, geologic, or topographic conditions. For the most part, the District Fire Code amendments are simply carryovers from prior code updates. This report focuses solely on the seven new amendments. It should also be noted that the codification protocols followed by the California Building Standards Commission routinely lead to extensive renumbering of identical code provisions when comparing code updates to prior versions. This report focuses on the actual changes in content, as detailed more fully in Attachment 2, rather than making any attempt to cross-reference the numbering changes between the current and old codes. The following is a summary of the new amendments: • Public safety plan requirements for mass gatherings have been updated for larger events to directly reference Los Angeles County Public Health and emergency medical services documents and protocols for monitoring and control. • Fire apparatus access roads have been adjusted to allow long private driveways for single family dwellings to be less than 20-feet wide under certain circumstances, and required widths for multistory building access roads have been updated to better correlate with field operations. • Fire flow requirements for water tanks serving single-family dwellings have been reduced because the prior requirements were determined to be excessively conservative. • Fire watch procedures were added to provide clarity on needed procedures and qualifications. 6.1 Packet Pg. 168 • Smoke and heat roof vents in high-piled combustible storage/warehouse buildings have been adjusted to match with the State code’s requirements. (Roof vents are required in warehouses with storage of combustible materials to prevent accumulation of smoke within the building.) • As a result of the increased use of electrical energy storage/battery systems, new requirements for design, fire protection equipment, and warning signage were added. These requirements were developed following a fire at a facility in the Phoenix, Arizona area that caused firefighter injuries. • Fire sprinkler requirements for manufactured homes have been updated to correlate to recent changes adopted by the California Department of Housing and Community Development (HCD) to require fire sprinklers in structures at mobile home parks regulated by municipalities. Certain provisions of the District Fire Code, including some of the new amendments for 2019, presently have little to no relevance to the City of Diamond Bar. For example, there are currently no locally-regulated mobile home parks in the City. Nonetheless, staff recommends adopting the District Fire Code in its entirety because some of those standards could become applicable in the future. For convenience, the entire text of the District Fire Code is provided under Attachment 3, and has been highlighted with underlining and strikeouts to show where the above changes were made. Footnotes were also added to show consis tency with the above discussion, and to allow the reader to more easily see how the above revisions have been incorporated into the language of the ordinance. NOTICE OF PUBLIC HEARING: Pursuant to the California Government Code 50022.3, a public hearing notice will be published in the Inland Valley Daily Bulletin 10-days prior to the public hearing on October 6, 2020. PREPARED BY: 6.1 Packet Pg. 169 REVIEWED BY: Attachments: 1. 6.1.a Ordinance 02 (2020); 2019 Fire Code 2. 6.1.b County and District Fire Code Summary of Changes 3. 6.1.c County Counsel Summary Analysis of 2019 Fire Code 6.1 Packet Pg. 170 ORDINANCE NO. 02 (2020) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR AMENDING TITLE 15 OF THE DIAMOND BAR CITY CODE AND ADOPTING, BY REFERENCE, TITLE 32, FIRE CODE, OF THE LOS ANGELES COUNTY CODE, AS AMENDED WHICH CONSTITUTES AN AMENDED VERSION OF THE CALIFORNIA FIRE CODE, 2019 EDITION. 1. A. RECITALS a. California Government Code Section 50022.1 et seq., authorizes the City of Diamond Bar to adopt by reference the 2016 California Fire Code as set forth in the California Code of Regulations, Title 24, Part 9. b. Pursuant to the California Health and Safety Code Sections 13869.7, 17922, 17958, 17958.5 and 17958.7, the City may make modifications to the Title 24 building standards and requirements that it deems reasonably necessary to protect the health, welfare and safety of the citizens of Diamond Bar because of local climatic, geological, or topographical conditions. c. At least one copy of each of the codes and standards identified in this Ordinance and certified as full, true and correct copies thereof by the City Clerk of the City of Diamond Bar have been filed in the office of the City Clerk in accordance with the provisions of California Government Code Section 50022.6. d. The City introduced for first reading this Ordinance on Se ptember 15, 2020, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the codes and standards identified in this Ordinance as amended herein. e. Pursuant to California Government Code Section 6066, the Ci ty published notice of the public hearing on September 25, 2020 for the hearings set forth in subsections (iv) above and (vi) below. f. The City held a public hearing on October 6, 2020, at which time all interested persons had the opportunity to appear and be heard on the matter of adopting the codes and standards identified in this Ordinance as amended herein. g. Any and all legal prerequisites relating to the adoption of this Ordinance have occurred. B. ORDINANCE NOW, THEREFORE, the City Council of the City of Diamond Bar does hereby find, determine and ordain as follows: 6.1.a Packet Pg. 171 2 SECTION 1: Findings in Support of Modifications to Title 24 Building Standards. This Council does expressly find and determine that the modifications to the Title 24 building standards set forth herein are reasonably necessary to protect the health, welfare and safety of the citizens of Diamond Bar because of the following local climatic, geological or topographic conditions. (1) The City is located in a seismically active area and is in close proximity to various active faults including the Chino, Sierra Madre, Cucamonga, Whittier, San Jacinto and Raymond Faults It is reasonably foreseeable that an earthquake would render the City particularly vulnerable to devastation. (2) The City has extensive hillside topography, unstable geology, watershed areas, expansive soils, and underground streams. In addition, the regional climate alternates between extended periods of drought and brief periods of rainfall. For these reasons, the City is susceptible to flood conditions. (3) Because of the above-described geological conditions within the City, and the substantial amount of freeway, railroad, and flood control facilities throughout the community, the City, in the event of an earthquake, may be unab le to dispatch an adequate number of fire personnel and apparatus to suppress fires and conduct rescue operations. Moreover, the conditions within Diamond Bar likewise occur in surrounding communities, hereby rendering mutual aid assistance problematic, at best. (4) Due to the City's topography, numerous hillside fire hazard areas are located within its boundaries. (5) Climatic conditions within the community render it extremely likely that, in the event of seasonal high winds and earthquake occurring, the County Fire Department would be unable to suppress numerous fires occurring throughout the community. (6) Located throughout the City, as well as in the surrounding communities, are numerous concentrations of structures which have roofs constructed of thinly cut pieces of wood, otherwise known as untreated shakes, as well as untreated wood shingles. These untreated wood shakes and shingles are extremely combustible in nature. (7) The City is located in an area climatically classified as "arid" and prone to winds of high velocity. Moreover, due to the arid nature of the area, the weather during the windy periods tends to be very warm and dry. The dry weather conditions present a significant threat of wild fire to the City's undeveloped hillsides, wildlands, and nearby homes and highly populated areas. The potential for rapid spread of even small fires create a need for increased levels of fire protection. 6.1.a Packet Pg. 172 3 (8) Additional findings in support of adoption of more restrictive building standards are set forth in Exhibit “A” and incorporated by reference. The Council does hereby further expressly find and determine that the amendments to the Title 24 building standards, set forth herein, are appropriate given the specific local climatic, geological or topographic conditions set forth above. SECTION 2: Chapter 16.00 of the City of Diamond Bar City Code is amended to read, in words and figures, as follows: CHAPTER 16.00 FIRE CODE Sec. 16.00.010. - Adopted. Except as hereinafter provided, Title 32, Fire Code, of the Los Angeles County Code, as amended and in effect on April 10, 2020, which constitutes an amended version of the California Fire Code, 2019 Edition (Part 9 of Title 24 of the California Code of Regulations), Chapters 1 through 80, Appendix O, P, Q, and R, and excluding all other appendices of the 2019 Edition of the California Fire Code with errata, and adopting and incorporating herein by reference into Title 32 of the Los Angeles County Code, the 2018 Edition of the International Fire Code, Chapters 1 through 7, Chapters 9 and 10, Chapter 12, Chapters 20 through 37, Chapters 50 and 51, Chapters 53 through 56, Chapters 59 through 67, Chapter 80, Appendix O, P, Q, and Appendix R is hereby adopted by reference and shall constitute and may be cited as the Fire Code of the City of Diamond Bar. In the event of any conflict between provisions of the California Fire Code, 2019 Edition, International Fire Code 2018 Edition, Title 32 of the Los Angeles County Fire Code, or any amendment to the Fire Code contained in the City of Diamond Bar Municipal Code, the provision contained in the later listed document shall control. A copy of Title 32 of the Los Angeles County Fire Code, along with a copy of the California Fire Code, 2019 Edition, and the International Fire Code 2018 Edition has been deposited in the office of the city clerk and shall be at all times maintained by the city clerk for use and examination by the public. Sec. 16.00.020. - Amendments This section is reserved for future use. Sec. 16.00.030. - Amended. Sec. 16.00.030. - Violations. (a) Every person who violates, or who fails to comply with any of the requirements of, any provision of the fire code, this chapter or chapter 6.1.a Packet Pg. 173 4 16.04, or any provision of any permit or license granted hereunder, or any rule, regulation or policy promulgated pursuant hereto, is guilty of a misdemeanor and shall be punishable as provided in section 1.04.010 of the Municipal Code, unless such violation is otherwise declared to be an infraction by section 16.00.050 of this chapter. Each such violation is a separate offense for each and every day during any portion of which such violation is committed. (b) Every violation determined to be an infraction hereunder is punishable in such manner and to such extent as is provided by section 1.04.010 of the Municipal Code. (c) For the purposes of this section a forfeiture of bail shall be equivalent to a conviction. Sec. 16.00.040. – Responsibility. Any person who personally or through another willfully, negligently, or in violation of law sets a fire, allows a fire to be set, or allows a fire kindled or attended by such person to escape from his or her control, allows any hazardous material to be handled, stored or transported in a manner not in accordance with nationally recognized standards, allows any hazardous material to escape from his or her control, neglects to properly comply with any written notice of the chief, or willfully or negligently allows the continuation of a violation of the fire code and amendments thereto is liable for the expense of fighting the fire or for the expenses incurred during a hazardous materials incident, and such expense shall be a charge against that person. Such charge shall constitute a debt of such person and is collectible by the public agency incurring such expenses in the same manner as in the case of an obligation under a contract, expressed or implied. Sec. 16.00.050. - List of infractions. In accordance with section 16.00.030 of this chapter, the violation of the following sections or subsections of the fire code shall be infractions: 6.1.a Packet Pg. 174 5 Section Offense 303.1 - 303.9 Asphalt kettles 304.1.1 Waste material 304.1.2 Vegetation 304.2 Combustible waste rubbish—storage 305.2 Hot ashes and spontaneous ignition sources 310.4 Removal "No smoking" sign 315.3.2. Stairway-storage under 503.4 Obstructing access roadway 505.1 Address identification 507.5.4 - 507.5.5 Obstruction of fire hydrants 507.5.6 Physical protection-fire hydrants 507.5.7 Firefighting water source markers 507.5.8 Identification-private fire hydrant 507.5.9 Private fire hydrant caps or plugs 604.5 Electrical extension cords 901.7 Failure to notify Fire Department 901.6.4.1 Signs-above ground water control valves 901.6.4.2 Locks-above ground water control valves 901.6.4.3 Identification-above ground water control valves 906.1 - 906.10 Fire extinguishers 912.8 Identification-Fire Department connection 912.9 Breakable caps or plugs-Fire Department connection 1009.9 Exit doors identification 1010.1.9.1 Door-operating devices 1104.3 Sign illumination 2003.2 "No Smoking" signs within aircraft hangers 2108.4 Fire extinguisher-dry cleaning plant 2108.5 No smoking signs-dry cleaning plant 2311.2.2 Waste oil storage 2403.2.7 Welding warning signs 2403.4 Operations and maintenance 2403.4.3 Metal waste cans for rags and waste 6.1.a Packet Pg. 175 6 2404.7.8.5 Filter disposal 2405.3.4 Dip tank covers 2405.4.2 Portable fire protection equipment 2406.5 Maintenance-powder coating 2407.1 Maintenance-electrostatic apparatus 2407.5.2 Signs-"Danger" 2408.5 Sources of ignition (organic peroxides) 2505.1 Housekeeping-fruit ripening room 2803.1 Lumber yards-housekeeping 2803.3.3 Combustible waste 3103.12.6.1 Exit sign illumination 3107.18 Vegetation removal 3603.2 Open flame device-boat or marina 3603.4 Rubbish containers-marina 3604.4 Portable fire extinguishers-marinas 4811.9 Fire Department access-motion picture production locations 4811.12 Blocked or obstructed fire hydrants and appliances 5003.5 Hazardous materials signage 5003.7.1 No smoking signs-hazardous materials 5004.11 Combustible materials clearance-hazardous materials storage 5005.3.8 5005.3.8 Combustible materials clearance- hazardous materials storage 5005.3.8 5005.3.8 Combustible materials clearance- hazardous materials storage 5303.4 Markings-compressed gases 5303.5 Security-compressed gases 5701.6 Maintenance and operating practices-flammable and combustible liquids 5704.2.3.1 "No smoking" sign 5704.3.3.4 Empty containers 6107.2 "No smoking" signs-LPG container 6107.3 Combustible material clearance LPG container 8104 Auto wrecking yards-fire apparatus access 6.1.a Packet Pg. 176 7 SECTION 3: Any inconsistencies between the Fire Code as adopted by this Ordinance, and the 2016 Fire Code as set forth in Part 9, of Title 24 of the California Code of Regulations, are changes, modifications, amendments, additions or deletions thereto authorized by California Health and Safety Sections 17958.5 and 17958.7. SECTION 4: To the extent the provisions of this Ordinance are substantially the same as previous provisions of the Diamond Bar Municipal Code, these provisions shall be construed as continuations of those provisions and not as new enactments. SECTION 5: If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance or any part hereof or exhibit hereto is for any reason held to be invalid, such invalidity shall not affect the validity of the remaining portions of this Ordinance or any part thereof or exhibit thereto. The City Council of the City of Diamond Bar hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases be declared invalid. SECTION 6: This ordinance shall be effective upon adoption and shall become operative on the 5th day of November 2020. PASSED, ADOPTED AND APPROVED this 6th day of October 2020. Steve Tye, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of September, 2020, and was finally passed at a regular meeting of the City Council of the City of Diamond Bar held on the _____day of _______________ 2020, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: __________________________ Kristina Santana, City Clerk 6.1.a Packet Pg. 177 DARYL L. OSBY FIRE CHIEF FORESTER & FIRE WARDEN COUNTY OF LOS ANGELES FIRE DEPARTMENT 1320 NORTH EASTERN AVENUE LOS ANGELES, CALIFORNIA 90063-3294 (323) 881-2401 www.fire.lacounty.gov “Proud Protectors of Life, Property, and the Environment” BOARD OF SUPERVISORS HILDA L. SOLIS FIRST DISTRICT MARK RIDLEY-THOMAS SECOND DISTRICT SHEILA KUEHL THIRD DISTRICT JANICE HAHN FOURTH DISTRICT KATHRYN BARGER FIFTH DISTRICT SERVING THE UNINCORPORATED AREAS OF LOS ANGELES COUNTY AND THE CITIES OF: AGOURA HILLS ARTESIA AZUSA BALDWIN PARK BELL BELL GARDENS BELLFLOWER BRADBURY CALABASAS CARSON CERRITOS CLAREMONT COMMERCE COVINA CUDAHY DIAMOND BAR DUARTE EL MONTE GARDENA GLENDORA HAWAIIAN GARDENS HAWTHORNE HERMOSA BEACH HIDDEN HILLS HUNTINGTON PARK INDUSTRY INGLEWOOD IRWINDALE LA CANADA-FLINTRIDGE LA HABRA LA MIRADA LA PUENTE LAKEWOOD LANCASTER LAWNDALE LOMITA LYNWOOD MALIBU MAYWOOD NORWALK PALMDALE PALOS VERDES ESTATES PARAMOUNT PICO RIVERA POMONA RANCHO PALOS VERDES ROLLING HILLS ROLLING HILLS ESTATES ROSEMEAD SAN DIMAS SANTA CLARITA SIGNAL HILL SOUTH EL MONTE SOUTH GATE TEMPLE CITY WALNUT WEST HOLLYWOOD WESTLAKE VILLAGE WHITTIER COUNTY AND DISTRICT FIRE CODE SUMMARY OF CHANGES Changes in the 2020 County/District Fire Code from the existing 2017 Fire Code include: • Public Safety Plan for Gatherings: This will identify the new threshold when a Medical Action Plan is required. Essential for raves, concerts, special events and other mass gatherings. (Code Sections: 105.6.52.5, page 21; 403.12.2, page 88.) • Fire Apparatus Access Roads: ➢ Driveway width may now be reduced, when determined by the fire code official, to 15 feet wide instead of 20 feet wide for a Single-Family Dwelling. (Code Section: 503.2.1.1, page 94.) ➢ Multi-story buildings over 30 feet in height now only require 10-foot setback instead of 15-foot. (Code Section: 503.2.1.2.2.1, page 96.) ➢ Turnaround requirements are reduced for flat access roads. (Code Section: 503.2.5, page 98.) • Fire Flow Requirements: Decreases water tank size for Single-Family Dwellings from 13,000/16,500/20,000 to 7,500/10,000/12,500. This coupled with changes to road width will assist with rebuild process without compromising public safety. (Code Sections: B103.3, page 211; Table B103.3, page 212.) • Fire Watch Procedures: Placing procedures within the Fire Code in order to give clear direction whenever fire watch is required. References to this new section are also being added to other pertinent sections of the code. (Code Sections: 202, page 32; 401.10, page 84; 403.12.1, page 88; 901.7; page 118; 3304.5, page 172.) 6.1.b Packet Pg. 178 Page 2 of 2 • Smoke and Heat Removal – High-Piled Combustible Storage: The LAC formula in this section has been removed from the Los Angeles County Fire Code (Title 32), thereby reverting back to the State’s formula for calculating the number of smoke and heat vents. (Code Section: previously Table 910.3, [deleted].) • Electrical Energy Storage Systems: Incorporating the amendments to this section that were developed by Phoenix FD, based upon work done by FDNY and the International Code Council. This is a major change needed in order to address an increasing number Firefighter injuries caused by these systems during fire incidents, not to mention the hazards these system present to the general public. (Code Section: 1206.2, page 134.) • Fire Sprinkler requirements for all manufactured homes (including mobile and modular homes): In consultation with the California Department of Housing and Community Development, LAC is amending this section of the fire code to require fire sprinkler systems in these structures when located outside of mobile/manufactured home parks. (Code Section: 903.2.8, page 119/120.) 6.1.b Packet Pg. 179 6.1.c Packet Pg. 180 ORDINANCE NO.------- An ordinance amending Title 32-Fire Code-of the Los Angeles County Code, by repealing it and replacing it by incorporating by reference the 2019 Edition of the California Fire Code, with certain changes and amendments, which itself largely incorporates by reference , with certain changes and amendments, the 2018 Edition of the International Fire Code. This ordinance adopts more restrictive building standards than those imposed by the State of California and its agencies that are reasonably necessary because of local climatic, geological, and/or topographical conditions. Finally, this ordinance adopts Title 32 as the Fire Code for the Consolidated Fire Protection District of Los Angeles County. The Board of Supervisors of the County of Los Angeles, also acting as the governing body of the Consolidated Fire Protection District of Los Angeles County, ordains as follows: SECTION 1: Title 32 is hereby repealed in its entirety. SECTION 2. California Code of Regulations Title 24-Part 9 : 2019 California Fire Code is hereby adopted by reference as Title 32 -Fire Code -_of the Los Angeles County Code, except as amended by those changes and additions adopted in this ordinance . HOA.1 0271262 1.3 1 6.1.c Packet Pg. 181 SECTION 3. Section 1 00 is hereby added to read as follows: 100 CALIFORNIA FIRE CODE AND INTERNATIONAL FIRE CODE ADOPTION BY REFERENCE: Except as changed, amended, added to, or removed , as established by ordinance and reflected herein, the following, as if set forth fully below, are hereby adopted by reference , incorporated into, and shall be known as the chapters, appendices , sections, and other parts of Title 32 of the Los Angeles County Code : 1. The 2019 Edition of the California Fire Code, Part 9 of California Code of Regulations Title 24, including current and future errata and supplements, as reflected by the "California Matrix Adoption Tables" therein. 2. The following chapters of the 2018 Edition of the International Fire Code, each in their entirety, as published with the 2019 Edition of the California Fire Code, specifically for sections that were not adopted as part of the 2019 Edition of the California Fire Code: Chapters 1-7, 9-10, 12, 20-37, 39, 50-51, 53-56, 59-67, and 80 . 3. The following chapters and appendices, each in their entirety, as added by the County of Los Angeles: a. Chapters 81-83 . b . Appendices 0, P, Q, and R. A copy of the 2019 Edition of the California Fire Code, with errata and supplements , and a copy of the 2018 International Fire Code shall be at all times HOA.1 02712621.3 2 6.1.c Packet Pg. 182 maintained by the Executive Office of the Board of Supervisors for use and exam ination by the public . SECTION 4. Section 1 01.1 is hereby amended t o read as follows: 101 .1 Title. These regulations shall be known as the Fire Code of [NAME OF JURISDICTION]Title 32 of the Los Angeles County Code shall be kno w n as the LOS ANGELES COUNTY FIRE CODE , hereinafter referred to as "t his code ." SECTION 5. Section 1 01.2 is hereby amended to read as follows: 101.2 Scope. This code establishes regulations affecting or relating to structures , processes , premises and safeguards regarding all of the following: 5. Conditions affecting the safety of the fire fighters and emergency responders during emergency operations, and 6. Fire hydrant systems, water supply , fire equ ipment access , posting of f ire equipment access, parking, lot identification , weed abatement, and combustible brush and vegetation that represents an imminent fire hazard, debris abatement, combusti ble storage abatement including flammable liquid storage , hazardous material storage and use, open-flame and open-burning, and burglar bars at State-re gulated mobilehome and special occupancy parks within the jurisdiction of the County of Los A nge les Fire Department as per California Health and Safety Code Sections 18691 and 18873.5. HOA.1 02 71 2621.3 3 6.1.c Packet Pg. 183 SECTION 6. 101.2.1 Section 101.2.1 is hereby amended to read as fo l lows: Appendices. Provisions in the appendices shall not apply un less specifically adopted. Only Appendix B, Appendix BB, Appendix C, Appendix CC, and Appendix H, from the 2019 Ca li fornia State Fire Code have been incorporated into this code. This code also adopts Appendix 0, Appendix P, Appendix Q, and Appendix R. SECTION 7. 101.3 Section 1 01.3 is hereby amended to read as follows: Intent. The purpose of this code is to estab l ish the minimum requ i rements consistent with nationally recogn ized good practice for providing a reasonable leve l of life safety and property protection from the hazards of fire, explosion or dangerous conditions in new and existing bui ld i ngs, structures and premises, and to provide a reasonable leve l of safety to fire fighters and emergency responders during emergency operations. Consistent with this purpose, the provisions of this code are intended, and have a lways been intended, to confer a benefit on the community as a whole and are not intended to establ ish a duty of care toward any particu lar person. This code shall not be construed to hold the County, the County of Los Angeles Conso l idated Fire Protection D istrict, or any officer, employee , or agent thereof responsible for any damage to persons or property by reason of any inspection authorized herein or by reason of the issuance or non-issuance of any permit authorized herein, and/or for any action or omission in connection with the application and /or enforcement of this code. By adopting the provisions of this code, the County, any HOA.1 02 712621.3 4 6.1.c Packet Pg. 184 district member city, or the County of Los Angeles Consolidated Fire Protection District , does not intend to impose on itself, its employees, or agents any mandatory duties of care toward persons and property within its jurisdiction so as to provide a basis of civil liability for damages. This section is declaratory of existing law and is not to be construed as suggesting that such was not the purpose and intent of previous code adoptions. SECTION 8. 101.6 Section 101.6 is hereby added to read as follows: Amendments. When reference is made to a portion of this code or other applicable laws or ordinances, the reference applies to all amendments and additions now or hereafter made. Where there is a conflict between amendments, unless otherwise expressly noted, the most recent amendment shall apply. SECTION 9. Section 101.7 is hereby added to read as follows: 101.7 California Fire Code errata and supplements . When the California Building Standard Commission approves and publishes errata or supplements to the California Fire Code, Title 24, Part 9, any change made that affects the requirement or meaning of any amendment found in this ordinance shall not necessarily void or alter the requirement of that amendment. The fire code official shall render the interpretation and intent of the amendment with the new language of the errata or supplement as per Section 1 04.1. HOA.1 02712621 .3 5 6.1.c Packet Pg. 185 SECTION 10. 102.5 Section 102 .5 is hereby amended to read as fo llows: Application of residential code. Where structures are designed and constructed in accordance with the California Residential Code, the provisions of this code shall apply as follows : 1. Construction and design provisions of this code pertaining to the exterior of the structure shall apply including , but not limited to, premises identification , fire apparatus access and water supplies. Provisions of this code pertaining to the interior of the structure shall apply when specifically required by this code including, but not limited to. Section 903.2.11 . 7. Where interior or exterior systems or devices are installed, construction permits required by Section 105.7 of this code shall apply . 2 . Administrative, operational , and maintenance provisions of this code shall apply. SECTION 11. 103.2 Section 103.2 is hereby amended to read as follows: Appointmentfire Marshal. The fire code official shall be appointed by the chief appointing authority of the jurisdictio n ; and the fire code offi c ial shall not be removed from office exc ept for cause and after full opportunity to be heard on specific and relevant charges by and before the appointing authority.An administrative officer of th e Prevention Services Bureau shall be appointed the Fire Marshal by th e Chief of the Fire Department from among the chief officers of the Fire Department. HOA.1 02712621.3 6 6.1.c Packet Pg. 186 SECTION 12. 103.2.1 Division staff. Section 1 03.2.1 is hereby added to read as follows: Health Hazardous Materials Division and Forestry The provisions of this code may be enforced by any duly authorized member of the Health Hazardous Materials Division or the Forestry Division of the Fire Department. SECTION 13. Section 103.2.2 is hereby added to read as follows : 103.2.2 Enforcement by Commissioner. The provisions of Section 325 of this code may be enforced by the Agricultural Commissioner of the County of Los Angeles. SECTION 14. 103.4 Section 103.4 is hereby amended to read as fol lows: Liability. The fire code official, member of the board of appealsfire code appeals review panel, officer or employee charged with the enforcement of t his code, wh ile acting for the jurisdiction , in good faith and without malice in the discharge of the duties required by this code or other pertinent law or ordinance, shall not t hereby be rendered civi ll y or criminally liable personally, and is hereby relie ved from all persona l liability for any damage accruing to persons or property as a result of an act or by reason of an act or omission in the discharge of offic ial duties. HOA.10271 2621.3 7 6.1.c Packet Pg. 187 SECTION 15. 104.1 Section 1 04.1 is hereby amended to read as follows : General. The fire code official is hereby authorized to enforce the provisions of this code. The fire code official shall have the authority to render interpretations of this code and to adopt policies , procedures , rules and regulations in order to implement it s pro v isi o ns o r !Q_clarify the application of its provisions. Such interpretations , po licies, procedures , rules and regulations shall be in complianceconsistent with the intent and purpose of this code. Such policies, procedures , rules and regulations shal l not have t he effect of waiving requirements specifically provided for in this code . A copy of such interpretations, rules. and regulations shall be filed with the Execut ive Office of the Board of Supervisors and shall be in effect immediately thereafter. SECTION 16. Section 1 04.1 .1 is hereby added to rea d as follow s : 104.1 .1 Enforcement authority. Under the Fire Chief's direction, members of the Fi re Department are authorized to enforce all ordinances of the jurisdiction and the laws of the State pertaining to : 1 . The prevention of fires. 2. The suppression or extinguishment of dangerous or hazardous fires. 3 . The storage , use , and handling of hazardous materials. 4. The installation and maintenance of automatic , manual , and other priva te fire alarm systems and fire-e xtinguishing equipment. 5. The maintenance and regulation of fire escapes. HOA.1 027 12621.3 8 6.1.c Packet Pg. 188 6. The maintenance of fire protection and the elimination of fire hazards on land and in buildings, stru ctures, and other property, including those under construction. 7. The maintenance of means of egress. 8. The investigation of the cause, origin, and circumstances of fire and unauthorized releases of hazardous materials. 9. Brush clearance. 10. All other matters within the scope of this code. Note: For authority related to control and investigation of emergency scenes, see Section 1 04.11. SECTION 17. Section 1 04.5.1 is hereby added to read as follows: 104.5.1 Fire and law enforcement personnel. The fire code official and designated representatives of the fire code official may issue citations for violations of this code, of the regulation s authorized by this code, and of the standards as set forth in Chapter 82 of this code. When requested to do so by the fire code official, the chief of any law enforcement agency is authorized to assign such available la w enforcement officers as necessary to assist the Fire Department in enforcing the provisions of this code. SECTION 18. Section 1 04.9 is hereby amended to read as follows: 104.9 Alternative materials, design and methods of construction and equipment. The provisions of this code are not intended to prevent the installation of any material or to prohibit any design or method o f construction not specifically prescribed HOA .1 02712621.3 9 6.1.c Packet Pg. 189 by this code, provided that any such alternative has been approved . An alternative material, design or method of construction shall be approved where the fire code official finds that the proposed design is satisfactory and complies with the intent of the provisions of this code, and that the material , method or work offered is , for the purpose intended, not less than the equivalent of that prescribed in this code in quality, strength, effectiveness , fire resistance, durability and safety. Requests for approval to use an alternate material, assembly of materials. equipment. method of construction , method of installation of equipment or means of protection shall be made in writing to the fire marshal by the owner or the owner's authorized representative and shall be accompanied by a justification that is supported by evidence to substantiate any claim being made regarding the requested alternative and its compliance with the intent of this code. The fire marshal may require independent tests be performed by an approved testing organization in order to substantiate the proposed alternative. Approval of a request for use of an alternative material, assembly of materials, equipment, method of construction, method of installation of equipment or means of protection made pursuant to these provisions shall be limited to the particular case covered by the request and shall not be construed as establishing any precedent for any future request. Where the alternative material, design or method of construction is not approved , the fi re code official shall respond in writing , stating the reasons why the alternative was not approved. HOA.102712621.3 10 6.1.c Packet Pg. 190 SECTION 19. 104.10 Section 1 04.1 0 is hereby amended to read as follows: Fire investigations. The fire code official, the fire department or other responsible authority...Q[ authorized personnel shall have the authority to investigate promptly the cause, origin and circumstances of any fire, hazardous material incident, explosion, or other hazardous condition which is of suspicious origin. The investigato r is authorized to take immediate charge of all physical evidence relating to the cause of the incident, and to pursue the investigation to its conclusion under the direction of the Fire Chief or an authorized deputy Fire Chief, in cooperation with the appropriate law enforcement agency. Information that could be related to trade secrets or processes shall not be made part of the public record, except as directed by a court of law. SECTION 20. Section 104.11.4 is hereby added to read as follows: 104.11.4 Privately contracted private fire prevention resources. Any privately contracted private fire prevention resource shall focus on prefire treatment activities and pretreatment of values-at-risk and other nonemergency activities. SECTION 21. Section 1 04.11.4.1 is hereby added to read as follows: 1 04.11.4.1 Permit requ ired. A valid operational permit shall be obtained by privately contracted private fire prevention resources. Permits shall be required as set forth in Section 1 05.6 . Privately contracted fire prevention resources shall comply with all State and local requirements. HOA.1 0271262 1.3 11 6.1.c Packet Pg. 191 SECTION 22. 104.11.4.2 Section 1 04 .11 .4.2 is hereby added to read as follows: Requirement to obey orders. Any privately contracted private fire prevention resource must obey all regulations , and legal orders, including evacuation orders , given by the incident commander or incident commander's designee within an emergency area. SECTION 23. 1 04.11.4.3 Section 1 04.11.4 .3 is hereby added to read as follows : Required check in. Upon arriving at the emergency area any privately contracted private fire prevention resource shall check-in with the incident commander or incident commander's designee . SECTION 24. 104.11.4.4 Section 1 04.11.4.4 is hereby added to read as follows: Permit display. Each privately contracted private fire prevention resource vehicle must display a copy of the val id privately contracted private fire prevention resources permit in clear view from the exterior of the vehicle. SECTION 25. 104.11.4.5 Section 1 04.11.4.5 is hereby added to read as follows: Liaison. Privately contracted private fire prevention re sources sha ll have a liaison at the incident command post. SECTION 26. 105.1 Section 105.1 is hereby amended to read as follows: General. Permits shall be in accord ance with Se ction s 105 .1.1 through 105.7 .~26. HOA.1 02712621.3 12 6.1.c Packet Pg. 192 SECTION 27. 105.1.1.1 Section 1 05.1.1 .1 is hereby added to read as follows: Fee schedule. For fee amounts, refer to the currently-adopted version of the Fee Schedu le, Appendix Q of this code. SECTION 28. 105.4.2 Section 105.4.2 is hereby amended to read as fol lows: Information on construction documents. Construction documents shall be drawn to scale on suitable materialsubstantia l ~-Electronic media documents are allowed to be submitted where approved by the fire code official. Construction documents shall be of sufficient clarity to in dicate the location, nature and extent of the work proposed and show in detail that it wi ll conform to the provisions of this code and relevant laws , ordinances, rules and regulations as determined by the fire code official. The first sheet of ea ch set of plans shall give the street address of the property, the assessor's parcel number, the name and address of the owner, and persons who prepared the plans. Plans shall also include a plot plan showing the location of the proposed building and of every existing building on the property. SECTION 29. 105.4.4.2 Section 1 05.4.4.2 is hereby added to read as follows: Expiration of construction documents approval by fire code official when no building permit issued. A fire code officia l construction document approval necessary for a building permit to be issued, for which the building official ultimately does not issue a build ing permit , shall expire one year after the date of approval by the fire code official. HOA.1 027 12621.3 13 6.1.c Packet Pg. 193 Construction documents including plans, specifications, and computations previously submitted may thereafter be returned to the applicant or destroyed by the fire code official. The fire code official may extend the time for action by the applicant for a period of six months beyond the one-year limit upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. No construction or plan approval document shall be extended more than twice. Once a construction document approval and any extension thereof has expired, the applicant shall resubmit construction documents including plans, specifications, computations, and payment of plan review fees. Construction document approval for which a building permit has been issued and thereafter expired according to the Building Code shall be null and void. In such circumstances , construction documents including plans, specifications, and computations shall be resubmitted for construction document approval. SECTION 30. 105 .4 .6 Section 105.4.6 is hereby amended to read as follows: Retentio n of construction documents. One set of construction documents shall be retained by the fire code official for a period of not less than ~90 days from date of completion of the permitted work , or as required by state or locallawsSection 19850 of the California Health and Safety Code. One set of approved construction documents shall be returned to the applicant, and said set shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress . H OA.10271262 1.3 14 6.1.c Packet Pg. 194 SECTION 31. 105.6 Section 1 05.6 is hereby amended to read as follows: Required operational permits. The fire code official is authorized to issue operationa l pe rmits for any activities within the scope of this code , tHe operationsincluding but not limited to those set forth in Sections 1 05.6.1 through 1 05 .6.W52. SECTION 32. Section 105.6.9 is hereby amended to read as fol lows: 105 .6.9 Covered and open mall buildings. An operational permit is required for: 1. The placement of retail fixtures and displays, concession equipment, displays of highly combustible goods and similar items in the mall. 2. The display of liquid-or gas-fired equipment in the ma ll. 3. The use of open-flame or flame-producing equipment in the ma ll. 4. The use of a mall as a place of assembly. SECTION 33. 105.6.14 Section 105.6.14 is hereby amended to read as follows: Explosives. An operationa l permit is required for the manufacture, storage , handling , sa le or use of any quantity of explosives, explosive materials, fireworks , or pyrotechnic special effects within the scope of Chapter 56 of this code , or when a lo c a l permit or approval from the fire code official is required by the California Code of Regu lat ions, Title 19, Division 1, Chapter 6-Fireworks, or Chapter 10-Explosives. See Health and Safety Code Division 11 , Part 1, Section 12000, et seq. for additional requirements. HOA.1 0271 2621 .3 15 6.1.c Packet Pg. 195 Exception§_: 1. Storage in Group R-3 occupancies of smokeless propellant , black powder and small arms primers for personal use, not for resale and in accordance with Section 5606 . 2 . Small arms ammunition of .75 caliber or less. cartridges for propellant-actuated power devices and cartridges for industri a l guns, 20 pounds or less of smoke less powder, five pounds or less of black sporting powder providing such smokeless or black sporting powder is for the hand loading of sma ll arms or small arms ammunition of . 75 caliber or less and that it is for personal use and not for resale. 3. The possession. and use of California State Fire Marshal c lassified safe and sane fireworks as allowed by State law and local ordinance in accordance with California Health and Safety Code Section 12541.1. 4 . The possession , and use of California State Fire Marshal c lassified snap caps or party poppers pyrotechnic devices in accordance with California Code of Regulations, Title 19, Public Safety. SECTION 34. 105.6.16 Section 105.6.16 is hereby amended to read as follows: Flammable and combustible liquids. An operational permit is required: 6 . To operate tank vehicles , equipment, tanks , p lants , term in als , wells, including natural gas wells, fuel-dispensing stations, refineries , distilleries and similar faci li ties where flammable and combustible liquids are produced , processed , HOA.1 027 1262 1.3 16 6.1.c Packet Pg. 196 transported , stored, dispensed , or used. See Section 5706.3.9 for oil and natural gas wells. 12 . Allow a tank car to remain on a siding at the point of delivery while connected for transfer operations. Transfer operations shal l be in accordance wi th Department of Transportation requirements and this code . SECTION 35. Section 105 .6 .20 is hereby amended to read as follows : 105.6.20 Hazardous materials. An operational permit is required to store , transport on site , dispe nse , use or handle hazardous materials in excess of the amounts listed in Ta ble 1 05.6.20.__!_Q addition . unified program facility permits required by Chapters 12 .50 , 12.52 , and 12 .64 of Title 12 . Environmental Protection . of the County Code. SECTION 36. Section 105.6.22 is hereby amended to read as follows: 105.6.22 High-piled combustible storage. An operational permit is required to use a building or portion thereof with more than 500 square feet (46 m2 ), including aisles , of high-piled storage. In addit ion to any of the requirements of Chapter 32 of this code , a letter describing the type and amount of material to be stored and the method of storage , plus a floor pl an sho w ing the dimension and location of the stockpiles and aisles shall be su bmitted wi th appl ications for such permits. HOA.1 0271 262 1 .3 17 6.1.c Packet Pg. 197 SECTION 37. 105.6.27 Section 1 05 .6.27 is hereby amended to read as fo ll ows: LP-gas. An operational permit is required for: 1. Storage and use of LP-gas . Exception§.: A permit is not required for individua l containers with a 500 gallon (1893 L) '.Vater capacity or less or multiple container systems having an aggregate quantity not exceeding 500 gallons (1893 L), serving occupancies in Group R4 a. A permit is not required for individual non-portable outdoor container w ith a 500-gallon (1 ,893 L) water capacity or less, or multiple non-portable outdoor containers or outdoor non-portable container systems ha vi ng an aggregate quantity not exceeding 500 gallons (1 ,893 L) water capacity serving occupancies in Group R-3 on one premises. b. A permit is not required for outdoor portable containers of less t han 125- gallon (473.2 L) aggregate water capacity on one premises. c . A permit is not required for the storage of LP-gas in Department of Transportation specification cylinders with a maximum water capacity of 2~ pounds (1 Kg) used in completely self-contained hand torches and sim ilar applications stored or displayed at a consumer or retail site and the total aggregate capacity of all LP-gas containers does not exceed 200 pounds allowed as per Section 6109.9 of this code . 2. Operation of cargo tankers that transport LP-ga s. HOA.102712621.3 18 6.1.c Packet Pg. 198 SECTION 38. Section 105.6.40 is hereby amended to read as follows: 105.6.40 Pyrotechnic special effects material. An operational permit is required for use and handling of pyrotechnic spec ia l effects material. See Health and Safety Code Division 11 , Part 2, Section 12 500, et seq. for additional requirements. For pyrotechnic and special effects used for motion picture , television, and commercial productions, see Section 105.6.51 (2). SECTION 39. Section 105.6.44 is hereby amended to read as follows: 105.6.44 Rooftop heliports and Emergency Helicopter Landing Facility (EHLF) for high-rise buildings. An operationa l permit is required for the operation of a rooftop hel iport, also referred to in this code as an Emergency Helicopter Landing Facility (EHLF) for high- rise buildings. SECTION 40. Section 105.6.51 is hereby amended to read as follows: 105.6.51 Additional permitsfilm and production permits. In addition to the permits required by Section 105. 6, the following permits shall be obtained from the Bureau of Fire Prevention Division prior to engaging in the following activities, operations, practices, or functions: 1. Production facilities. To change use or occupancy, or allow the attendance of a live audience, or for wrap parties. 2. Motion picture, television, commercial, and related production filming-Pi2Yrotechnics and special effects. To use pyrotechnic spec ial effects, open flame , hot work, use of flammable or combustible liquids and gases, dust, welding, HOA.102712621.3 19 6.1.c Packet Pg. 199 and the parking of motor vehicles in any building or location used for the purpose of motion picture, television and commercial production. 3. Live audiences. To install seating arrangements for live audiences in approved production facilities, production studios and sound stages. See Chapter 48. 4. Motion picture, television, commercial, and related production filming. An operational permit is required to conduct motion picture , television, commercials, and related productions outside of an approved production facility. 5. Motion picture, television, commercial, and related production filming-fuel-dispensing trucks and vehicles. An annual operational permit is required to dispense flammable or combustible liquids, liquefied petroleum gases , or compressed natural gas from trucks or vehicles to equipment and vehicles on motion picture, television, and commercial production locations. 6 . Commercial still photography production with on-site cast and crew numbering fifteen (15) or more persons. An operational permit is required to take still photographs for commercial purposes outside of an approved production facility and where the on-site cast and crew numbers fifteen (15) or more persons. SECTION 41. Section 105.6.52 is hereby added to read as follows: 105.6.52 Additional required operational permits. The fire code official is authorized to issue permits for any of the following: HOA.1 02712621.3 20 6.1.c Packet Pg. 200 SECTION 42. 105.6.52.1 Section 1 05 .6.52 .1 is hereby added to read as fo ll ows: Activities in wildfire risk areas. An operationa l permit is requ i red for any of the activities as described in Section 326 .2 of this code. SECTION 43. 105.6.52.2 Section 1 05.6.52.2 is hereby added to read as follows : Automobile wrecking yards. See Chapter 81, AUTOMOBILE WRECKING YARDS. SECTION 44. Section 1 05.6.52.3 is hereby added to read as fo llows: 105 .6.52.3 Battery system. An operational permit is required to operate stationary storage battery systems regulated by Section 1206.2. SECTION 45. Section 1 05.6.52.4 is hereby added to read as follows : 105.6.52.4 Bon fi res. An operational permit is required for bonfires. See Chapter 3. SECTION 46. Section 1 05.6.52.5 is hereby added to read as follows : 105.6.52.5 Mass-gatheri ng event. If attendance is greater than 5,000 people , the event shall be in accordance with Reference No. 842 of the County of Los Angeles Department of Health Services Prehospital Care Manua l, and a permit for mass-gathering event shal l be required. See Section 403 .12 .2. HOA.102 7 1262 1.3 2 1 6.1.c Packet Pg. 201 SECTION 47. 105.6.52.6 Section 1 05.6.52.6 is hereby added to read as follows: Model rockets. An operational permit is required to operate a model rocket motor or an experimental high-powered rocket motor as defined in Title 19 California Code of Regulations, Section 980. See Sections 5611, MODEL ROCKETS, and 5612, EXPERIMENTAL HIGH POWER ROCKETS AND MOTORS. SECTION 48. 105.6.52.7 Section 1 05.6 .52. 7 is hereby added to read as follows: Pallet yards. An operational permit is required to store, manufacture, refurbish, or otherwise handle greater than 2,500 cubic feet (71 m 3 ) of combustible plastic or wood pallets in an outdoor yard. SECTION 49. 105.6.52.8 Section 1 05.6.52.8 is hereby added to read as follows: Parade floats. An operational permit is required to use a parade float for public performance, presentation, spectacle, entertainment, or parade. See Section 324, PARADE FLOATS. SECTION 50. Section 1 05.6.52.9 is hereby added to read as follows: 105.6.52.9 Privately contracted private fire prevention resources. An operational permit is required for any privately contracted resource to conduct private fire prevention activities in an emergency area. Privately contracted fire prevention resources shall comp ly with all State and local requirements. See Section 104.11 .4, Privately contracted fire prevention resources. HOA.1 02712621.3 22 6.1.c Packet Pg. 202 SECTION 51. 1 05.6.52.1 0 Sectio n 1 05.6.52.1 0 is hereby added to read as fol lows: Recreational fire. An operationa l permit is requ ired for outdoor f i re bu rn ing materials oth er than rubbish, where the fuel is not conta i ned as described in Chapter 3. SECTION 52. Section 1 05 .6.52.11 is hereby added to read as follows: 105.6.52.11 Rifle range. An operational permit is required to establish, mainta in, or operate a rifle range. See Section 326.2, and Append ix R, RIFLE RANGE . SECTION 53. Section 1 05.7 is hereby amended to read as fo ll ows: 105.7 Required construction permits. The fire code official is authorized to issue construction permits for vvork as any activities within the scope of this code, including but not limited to, those set forth in Sections 105.7.1 through 105.7 . .:1-&26 . SECTION 54. Section 105.7.16 is hereby amended to read as follows: 105.7.16 LP-gas. A construction permit is required for instal lation of or mod if i cation to an LP-gas system. Maintenance performed in accordance with this code is not considered to be a modification and does not require a permit. Also see Section 6101.3. SECTION 55. Section 105.7.26 is hereby added to read as follows: 105.7.26 Additional required construction permits. The fire code offic ia l is a uthorized to is sue permits for any of the foll owing: HOA.1 0271 262 1.3 23 6.1.c Packet Pg. 203 SECTION 56. Section 1 05.7 .26 .1 is hereby added to read as follows: 1 05.7 .26.1 Fuel modification plan review. When required by this code, by other laws , or by other regulating agencies, fire code official review is required prior to the installation of fire resistive landscaping. See Chapter 49, REQUIREMENTS FOR WILDLAND-URBAN INTERFACE FIRE AREAS. SECTION 57. 105.7.26.2 Section 105. 7 .26.2 is hereby added to read as follows: Land development plan review. When required by law or other agencies , fire code official review and approval is required prior to final approval of the following applications: tract maps , parcel maps, final maps, planned unit developments, conditional use permits, design overlay reviews, environmental impact reviews, road vacations, zone changes, water plan reviews, and gate design review for land development projects. See Section 328, LAND DEVELOPMENT AND ENVIRONMENTAL REVIEW FEES. SECTION 58. 106.5.1 Section 106 .5.1 is hereby added to read as follows: Plan review refunds. No portion of the plan review fee shall be refunded, unless no review has been performed on a set of plans, in which case 80 percent of the plan review fee shall be refunded. SECTION 59. Section 1 08 .7 is hereby added to read as follows : 108.7 Occupant count. When required by the fire code official, the permittee holding a place of assembly operational permit shall use an approved method to maintain an accurate count of the HOA.1 0271 2621.3 24 6.1.c Packet Pg. 204 number of occupants present in a place of an assembly room including any accessory areas . If at any time the fire code official determines that an accurate count of occupants is not being maintained by the permittee, the assembly room and accessory areas shall be cleared of occupants until an accurate occupant count can be made. SECTION 60. Section 1 09 is hereby amended to read as follows: 109 BOARD OF APPEALS 109.1 Board of appeals establishedAppeals process . 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 appointed by the governing body and shall hold office at its pleasure. The fire code official shall be an ex officio member of said board but shall not have a 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. When an applicant seeking an approval from the fire code official disagrees with the decision of the fire code official regarding the conditions, methods of construction, equipment, or operations regulated by this code, the applicant may file a written appeal to the assistant fire chief of the Fire Prevention Division (Fire Marshal) pursuant to Section 109.2 of this code. A written appeal must be submitted no later than 30 days after the applicant has notice of the decision being appealed. The Fire Marshal, after considering all the facts presented, including any communication from the general public regarding the matter appealed , shall provide a HOA.1 027 1262 1.3 2 5 6.1.c Packet Pg. 205 written decision responding to the appeal. If the applicant is not satisfied with the decision of the Fire Marshal , the applicant shall, ·within 10 days of receipt of the Fire Marshal's decision, request in writing that the decision be reviewed by a fire code appeals review panel, a three-person panel consisting of the following individuals: the deputy chief of prevention , the deputy chief of operations , and the County's superintendent of building . The fire code appeals review panel shal l transmit its written decision on the appeal to the applicant. The fire code appeals review panel shall be the final authority in the appeals process. SECTION 61. Section 109.2 is hereby amended to read as follows: 109.2 Limitations on authority. An applic ationapplicant's-fef appeal shall be based on a claim that the intent of this code or the rules legallyregulations adopted hereunder ha ve been i ncorrectly interpreted, that the provisions of this code do not-fu.Uy apply , or that an equivalent method of protection or safety f.swas proposed by the applicant and was denied by the fire code official. The board shall not have authorityappeals process shall not be used to waive requirements of this code. For an appeal regarding fuel modification plan requirements, an applicant must use the appeals process as per Section 4908.2. SECTION 62. Section 109.3 is hereby amended to read as follows: 109.3 Qualifications. The board offire code appeals review panel shall consist of members wh o are qualified by experience and training to pass on matters pertaining to hazards of fire , HOA.1 0271 262 1.3 26 6.1.c Packet Pg. 206 explosions, hazardous conditions or fire protection systems, and are not employees of the jurisdictionthe Deputy Chief of Prevention, the Deputy Chief of Operations, and the County's Superintendent of Building . SECTION 63. Section 110.4 is hereby amended to read as follows: 110.4 Violation penalties. 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 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 [SPECIFY OFFEI'JSE]misdemeanor unless such violation is declared to be an infraction by Chapter 82 of this code, punishable by a fine of not more than [AMOUNT] dollars$1 ,000 or by imprisonment not exceeding [NUMBER OF DAYS]six months , or both such fine and imprisonment. Each day that a violation continues after due notice has been served shall be deemed a separate offense. For the purposes of this section, a forfeiture of bail shall be equivalent to a conviction . SECTION 64. Section 110.4 .1 is hereby amended to read as follows: 110.4.1 Abatement of violation. In addition to the imposition of penalties herein described, the fire code official is authorized to institute appropriate action to prevent unlawful construction or to restrain, correct, or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises. HOA.1 02712621.3 27 6.1.c Packet Pg. 207 The owner of any parcel upon which a nuisance is found to exist may, as provided for by State. County, and lo cal law , be liable for all costs of abatement of the nuisance. SECTION 65. Section 110.5 is hereby added to read as follows: 110.5 Responsibility for fire suppression and related costs. Any person: (1) who negligently , or in vio lation of the law, sets a fire, allows a fire t o be set, or allows a fire kindled or attended by him/her to escape onto any public or private property; (2) other than a mortgagee , who, being in actua l possession of a structure, fails or refuses to correct, within the time allotted for co rre ctio n , despite having th e right to do so, a fire hazard prohibited by law, for which a public agency properly has issued a notice of violation respecting the hazard; or (3) in cluding a mortgagee, who, having an obl igation under other provisions of law to correct a fire hazard prohibited by law, for which a public agency has properly issued a notice of v iolation respecting the hazard, fails or refuses to correct the hazard within the time a llotted for correction, despite having the right to do so, is li able for the fire suppression costs incurred in fighting th e fire, for the cost of providing rescue or emergency medical services, for the cost of investigating and making any reports with respect to t he fire, and for the costs relating to accounting for that fire and the co ll ection of any funds pursuant to State or local law, including but not limited to , administrative costs of operating a fire suppress ion cost recovery program to the fu ll est extent authorized by law. All of these costs shall be a charge against that person , sha ll constitute a debt of that person , and is collectib le by the federa l, State, County, publ ic, or private agency, in cu rring those costs HOA.1 02712621.3 28 6.1.c Packet Pg. 208 in the same manner as in the case of an obligation under a contract , e xpressed or implied . SECTION 66. 110.5.1 Section 110.5.1 is hereby added to read as follows: Responsibility for costs for emergency response related to hazardous substances. All expenses of an emergency response necessary to protect the public from a real and imminent threat to health and safety by a public agency to confine , prevent , or mitigate the release, escape , or burning of hazardous substances are a charge against any person whose negligence causes the incident to the fullest extent authorized by law, if either of the following occurs: 1 . Evacuation beyond the property where the incident originates is necessary to prevent loss of life or injury. 2 . The incident results in the spread of hazardous substances or fire posing a real and imminent threat to public health and safety beyond the property of o rigin. Expenses reimbursable to the County o r Fi re District pursuant to this section are a debt of the person liable therefor, and shall be collectible in the same manner as in the case of an obligation under contract , express or implied. The charge created against the person related to ha z ardous substances by this section is also a charge against the person's employer if th e negligence causing the incident occ urs in the course of the person's employment. HOA.1027 1262 1.3 29 6.1.c Packet Pg. 209 SECTION 67. 111.1.1 Section 111 .1 .1 is hereby amended to read as follows: Unsafe conditions. Structures or existing equipment that are or hereafter become unsafe or deficient because of inadequate means of egress, that constitute a fire hazard , are otherwise dangerous to human life or the public welfare, or involve illegal or improper occupancy or inadequate maintenance, dilapidation, obsolescence, hazardous material contamination, disaster damage, or abandonment as specified in this code shall be deemed an unsafe condition. A vacant structure that is not secured against unauthorized entry as required by Section 311 shall be deemed unsafe. SECTION 68. 112.1 Section 112.1 is hereby amended to read as follows: Order. Where the fire code official finds any work regulated by this code being performed in a manner contrary to the provisions of this code, or in a dangerous or unsafe manner, the fire code official is authorized to issue a stop work order. The fire code official is authorized to order the work, the operation, or the use stopped or the evacuation of any premises, building, or vehicle or portion thereof which has or is a condition hazardous to life or property. SECTION 69. Section 112.4 is hereby amended to read as follows: 112.4 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 conditio n, shall be liable to a fine of not less than [AMOUNT] dollars or more HOA.102712621 .3 30 6.1.c Packet Pg. 210 than [AMOUNT] dollarsfor administrative fines and subject to prosecution as allowed by Title 1, Section 1 .25 of the County Code or other applicable laws or regulations. SECTION 70. 202 Section 202 is hereby amended to read as follows: GENERAL DEFINITIONS AREA OF FIREFIGHTING OPERATIONS. Those portions of the fire apparatus access road in which the structure's exterior walls face the required fire apparatus access road. The area of firefighting operations also includes the area in between such portions of the fire apparatus roads and the structure. COMMISSIONER. Shall mean the Agricultural Commissioner/Director of Weights and Measures for the County of Los Angeles . CROWD MANAGER. Standby personnel , usually security or usher personnel, who are trained in the proper procedure to exit people from a tent or other place of public assemblage in an orderly and calm fashion in the event of an emergency. EMERGENCY AREA. The geographical area where the fire code official, exercising authority pursuant to Section 104.11 at the scene of a fire or other emergency involving the protection of life or property, has declared there is an immediate risk to health, life, property, or the environment within that area. HOA.1 027 12621.3 31 6.1.c Packet Pg. 211 EMERGENCY HELICOPTER LANDING FACILITY (EHLF). A clear area at ground level or on the roof of a building capable of accommodating a helicopter engaged in firefighting and/or emergency evacuation operations. FIRE APPARATUS ACCESS ROAD. A road that provides fire apparatus access from a fire station to a facility , building or portion thereof. This is a general term inclusive of all other terms such as fire lane , public street, private street, private driveway, parking lot lane and access roadway. FIRE-FLOW. See Appendix B, Section B 102. FIRE HAZARD SEVERITY ZONES. See Section 4902 .1. FIRE WATCH. A temporary measure intended to ensure continuous and systematic surveillance of a premises, building or portion thereof by one or more qualified individuals for the sole purposes of identifying and controlling fire haza rds, detecting early signs of unwanted fire , raising an alarm of fire. alerting the occupants. and notifying the fire department. Also see Section 401.10, Fire watch procedures. FLOAT. A floating structure normally used as a point of transfer for passengers and goods, or both , for mooring purposes. Not to be confused with "Parade Float" (as in Section 324 ). HOA.1 02712621 .3 32 6.1.c Packet Pg. 212 FLOATING LUMINARY is an unpiloted floating airborne device containing open flaming or smoldering material capable of causing ignition to combustibles with which it may come into contact. Floating luminaries may also be referred to as sky lanterns. flying lanterns. sky candles. and wish lanterns. Also see "Sky lantern". FUE L MODIFICATION. Shall mean any modification or removal of fuels to reduce the likelihood of ignition or the resistance to fire control. GOVERNING BODY. Sha ll mean the official board or council elected to rule the municipality or other public agency. HAZAR DOUS MATERIALS. Those chemicals or substances which are physical hazards or health hazards as defined and classified in this chapter, whether the materials are in usable or waste condition . Hazardous materials mixtures are those substances that contain one percent or more of a hazardous ingredient , or one-tenth of one percent of a carcinogen. This definition includes. but is not limited to , those hazardous wastes , hazardous materials, and extreme ly hazardous wastes listed in the California Code of Regulations. Title 22. Division 4.5. Chapter 11 . Article 5: Section 66 261 .126 and Appendi x X. HAZARDOU S W A ST E . Shall mean a waste , or combination of wastes, which because of its quantity, concentration, or physical , chemical, or infectious characteristics HOA.1027 12621 .3 33 6.1.c Packet Pg. 213 poses a substantial present or potential hazard to human health or the environment when improperly treated , stored, transported, or disposed of, or otherwise managed. HAZARDOUS WASTE CONTROL LAW. Shall mean the State law which implements a cradle-to -grave management system found in the California Health and Safety Code. HEALTH HAZARDOUS MATERIALS DIVISION (HHMD). Shall mean a part of the Consolidated Fire Protection District of Los Angeles County (District) or Los Angeles County Fire Department, Prevention Services Bureau , that is responsible for regulating hazardous materials business plans and chemical inventories, hazardous waste generators, on-site treatment of hazardous waste, risk management plans for responding with hazardous materials squads to emergency incidents involving hazardous materials, supervising cleanup of on-site and containment facilities, and for declaring emergency response scenes safe for re-entry . MALIBU-SANTA MONICA MOUNTAIN OR SAN GABRIEL SOUTHFACE AREAS. See Appendix P, Section P1 03. UNAUTHORIZED DISCHARGE. A release or emission of materials in a manner which does not conform to the provisions of this code or applicable public health and safety regulations. This shall mean any spilling, leaking, releasing, leaching, emptying, HOA.10271 262 1.3 34 6.1.c Packet Pg. 214 dumping, or disposing of a hazardous material/waste into the environme nt, unless permitted by a regulatory agency. UNIFIED PROGRAM. Conso lidates six environmental programs regarding the management of hazardous waste, hazardous materials, and underground storage tanks under one management system. UNIFIED PROGRAM FACILITY PERMIT. A consolidated permit issued pursuant to Section 25284 of the Health and Safety Code and Division 4 of Title 11 of the County Code relating to the underground storage of hazardous materials, Chapter 12.52 of Title 12 of the County Code relating to the generation or handling of ha zardous waste or extremely hazardous waste, Chapter 12.64 of Title 12 of the County Code relating to handling of hazardous materials or acutely hazardous materials, and those city codes or resolutions related to the unified program elements administered by those cities as participating agencies to the Lo s Ange les County Certified Unified Program Agency. WASTE. A material that has been used or for whatever reason can or will no long er be used for its intended purpose, or ha s been discarded and not specially excluded by Health and Safety Code , Division 20, Chapter 6.5. WATER UTILITY. An organ ization that provides water within a geographic service area and the water purveyor is recognize d by the County of Los Angeles Fire Departm ent. H OA.1 02 7126 2 1.3 35 6.1.c Packet Pg. 215 WATER UTILITY SERVICE AREA. A geographic area in which a water purveyor could provide the required fire flow from approved fire hydrants for firefighting purposes. SECTION 71. 301.2 Section 301 .2 is hereby amended to read as follows: Permits. Permits shall be required as set forth in Section 105.6 for the activities or uses regulated by Sections 306, 307, 308 , afl6315, 324 , 326 , and 328 . SECTION 72. Section 302 .1 is hereby amended to read as follows: 302 .1 Definitions. The following terms are defined in Chapter 2: BONFIRE. COMMISSIONER. FIRE HAZARD SEVERITY ZONES . FLOATING LUMINARY. GOVERNING BODY. SECTION 73. 304.1.1 Section 304.1.1 is hereby amended to read as follows: Waste material. Accumu lations of wastepaper, wood , hay , straw, weeds , litter or combustible or flammable waste or rubbish of any type shall not be permitted to remain on a roof.~. under a ground-mounted photovo ltaic array , &Fin any court , yard, vacant lot, a ll ey, HOA.1 0271 2621 .3 36 6.1.c Packet Pg. 216 parking lot, open s pace, or beneath a grandstand , bleacher, pier, wharf, manufactured home, recreational vehicle or other similar structure. SECTION 74. 304.1.2 Section 304.1.2 is hereby amended to read as follows: Vegetation. Weeds , grass, vines or other growth th at is capable of being ignited and endangering property, shall be cut down and removed by the owner or occupant of the premises. Vegetation clearance requirements in urban 'Nildlandwildland-urban interface areas shall be in accordance with Section 325 and Chapter 49 of this code. SECTION 75. Section 304.2.1 is hereby added to read as follows: 304.2 .1 Removal. Combustible rubbish stored in containers outside of non -combustible vaults or rooms shall be removed from buildings at least once each working day or at intervals specified by the fire code official. The storage or accu mulation of combustible waste matter within any building in such a quantity or lo ca tion as to constitute a fire ha zard is prohibited. SECTION 76. 307.1 Section 307 .1 is hereby amended to read as follows: General. A person shall not kindle or maintain or authorize to be kindled or maintained any open burning unless conducted a nd approved in accorda nce with Sections 307.1.1 through 307.aZ. HOA.1 027 12621 .3 37 6.1.c Packet Pg. 217 SECTION 77. Section 307.2 is hereby amended to read as follows: 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, or a bonfire. Application for such approval sha ll only be presented by and permits issued to the owner of the land upon which the fire is to be kindled. A permit shall be obtained from the fire code official in accorda nce with Section 105.6 prior to kindling a recreational fire where the fuel is not contained as described in Chapter 3 nor limited as defined in Section 202, RECREATIONAL FIRE, to having a total fuel area of 3 feet (914 mm) or less in diameter and 2 feet (61 0 mm) or less in height, for pleasure, religious, ceremonial, cooki ng , warmth or similar pu rpo ses . SECTION 78 . Section 307 .2.1 is hereby amended to read as follows: 307.2.1 Authorization. Where required by sState or local law or regulations, open burning s ha ll only be permitted with prior approval from the fire code official, a United States Forest Service Officer having jurisdiction, or the sState or local a ir and water quality management authority, provided that a ll cond itions specifi ed in the authorization are followed. SECTION 79. Section 307.6 i s hereby added to read as follows: 307.6 Open fires. Permits shall be required as set forth in Section 1 05.6. HOA.1 027 12621.3 3 8 6.1.c Packet Pg. 218 A person sha ll not build, light, maintain, or ca use or perm it to be built, lighted, or maintained , any open outdoor fire or use or ca use or permit to be used , any open outdoor fire for a ny purpose except: 1. When such fire is set or perm iss ion for such fire is given in the performance of the official duty of any public officer, and the fi re, in the opinion of such public officer, is necessary for: (i) The purpose of the prevention of a fire haza rd which cannot be abated by any other mean s; or (ii) The in struction of publi c employees in the methods of fighting f ire. 2. When such fire is set pursuant to permit on prop erty used for industrial or institutional purposes for the purpose of in struct ion of e mplo yees in methods of fi gh tin g fire. 3 . When such fire is set in the course of any agricultural operation in the growin g of crops or ra ising of fowl or anima ls. 4 . On a pub li c beach area owned, managed, or contro ll ed by the Cou nty, otherwise permitted by this code . 5. In a Co unty-owned park or recreation camp as otherwise permitted by this code. 6. Bonfires perm itted by th e fire code official. 7 . For coo kin g, recreational, or ceremon ia l fires on private property with a maximum fuel area of 3 feet (914 mm) or less in diameter a nd 2 feet (61 0 mm) or less in height, in locat ions outside of wildfire risk areas. HOA.1027 1262 1.3 39 6.1.c Packet Pg. 219 SECTION 80. 307.7 Section 307.7 is hereby added to read as follows: Designated open fire areas. The fire code official is authorized to designate places on private property, with the permission of the owner thereof, or upon any public road, or wit hin any public park, or upon any pub l ic land , where open fires may be built. The fire code official may place or cause to be placed uniform signs or posters on or at such premises indicating the place or limits where such fires may be built and maintained without further permission; however, it shall be unlawful to leave, or cause or permit to be left unattended , any fire burning in such place. SECTION 81. Section 308.1.4 is hereby amended to read as follows: 308.1.4 Open flame cooking devicesReserved. Charcoal burners and other open flame cooking devices shall not be ·operated on combustible balconies or within 1 0 feet (3048 mm) of combustible construction. Exceptions: 1. One and two family dvvellings. 2. VVhere buildings, ba lconies and decks are protected by an automatic sprinkler system. 3. LP gas cook ing devices having LP gas co ntainer with a water capacity not greater than 21/2 pounds [nominal1 pound (0.454 kg) LP gas capacity]. HOA.1 027 126 21.3 40 6.1.c Packet Pg. 220 SECTION 82 . 308 .1 .6.3 Section 308.1.6.3 is hereby amended to read as follows: Sky lanterns/floating luminaries. A person shall not release or cause to be released an untethered sky lantern.The use or release of a floating luminary is prohibited. Exception: When a permit is issued by the fire code official for use or release of a floating luminary for ceremonial, educational, or research purposes and where safeguards approved by the fire code official are used to prevent unintended ignition of combustibles. Floating luminary use or release shall be allowed only at a specific location and during prescribed weather conditions. SECTION 83. Section 311.5 is hereby amended to read as follows: 311.5 Placards. When required by the fire code official, A.9_ny vacant or abandoned buildings or structures determined to be unsafe pursuant to Section 110 of this code relating to structural or interior hazards shall be marked as required by Sections 311.5.1 through 311.5.5. SECTION 84. 316.6.1 Section 316.6.1 is hereby amended to read as follows: Structures. Structures shall not be constructed within the utility easement beneath high-voltage transmission lines. Exception§_: Restrooms and unoccupied telecommunications structures of non -c ombustible construction less than 15 feet in height provided that they are grounded and bonded in accordance with the Los Angeles County Electrical Code , and HOA.1 02712621.3 41 6.1.c Packet Pg. 221 fully bonded from roof to foundation and connected to the structure's grounding system. Additionally, signs approved by the fire code official, that read "CAUTION-HIGH VOLTAGE LINES OVERHEAD" shall be provided at all entrances leading to the · restrooms and unoccupied structures. SECTION 85. SECTION 319 SECTION 86. 319.1 Section 319 is hereby amended to read as follows: MOBILE FOOD PREPARATION VEHICLESRESERVED Section 319 .1 is hereby deleted as follows: General. Mobile food preparation vehicles that are equipped 'Nith appliances that produce smol~e or grease laden vapors shall comply with this section. SECTION 87. Section 319.2 is hereby deleted as follows: 319.2 Permit required. Permits shall be required as set forth in Section 1 05 .6. SECTION 88. Section 319 .3 is hereby deleted as follows: 319 .3 Exhaust hood. Cooking equipment that produces grease laden vapors shall be provided with a l~itchen exhaust hood in accordance with Section 607. SECTION 89. Section 319.4 is hereby de leted as follows: 319.4 Fire protection. Fire protection shall be provided in accordance with Sections 319.4.1 and 319.4.2. HOA.1 02712621.3 42 6.1.c Packet Pg. 222 SECTION 90. Section 319.4.1 is hereby de leted as follows: 319.4.1 Fire protection for cooking equipment. Cooking equipment shall be protected by automatic fire extinguishing systems in accordance with Section 904 .12. SECTION 91. Section 319.4.2 is hereby de leted as follows : 319.4.2 Fire extinguisher. Portable fire extinguishers shall be provided in accordance 'Nith Section 906.4. SECTION 92. Section 3 19.5 is hereby deleted as follows : 319.5 Appliance connection to fuel supply piping. Gas cooking appliances shall be secured in place and connected to fuel supply piping with an appliance connector complying vvith ANSI Z21.69/CSA 6.16 . The connector installation shall be configured in accordance 'Nith the manufacturer's installation instructions. Movement of appliances shall be limited by restraining devices installed in accordance 'Nith the connector and appliance manufacturers' instructions. SECTION 93. Section 319.6 is hereby deleted as fo ll ows: 319.6 Cooking oil storage containers. Cooking oil storage containers \Nithin mobile food preparation vehic les shall have a maximum aggregate volume not more than 120 gallons (454 L), and shall be stored in such a 'Nay as to not be toppled or damaged during transport. SECTION 94. 319.7 HOA.102712621.3 Section 319.7 is hereby deleted as follows: Cooking oil storage tanks. 43 6.1.c Packet Pg. 223 Cooking oil storage tanks within mobile food preparation vehicles shall comp ly \Vith Sections 319.7.1 through 319.7.5.2. SECTION 95. Section 319.7.1 is hereby deleted as follows: 319.7.1 Metallic storage tanks. Metallic cooking oil storage tanks shall be listed in accordance with UL 80 or UL 142, and shall be installed in accordance with the tank manufacturer's instructions. SECTION 96. Section 319.7.2 is hereby deleted as follows: 319.7.2 Nonmetallic storage tanks. Nonmetallic cooking oil storage tanks shall be installed in accordance viith the tank manufacturer's instruct ions and shall comp ly with both of the following: 1. Tanks shall be listed for use 'Nith cook ing oil, including ma ximum temperature to which the tank \Viii be exposed during use. 2. Tank capacity shall not exceed 200 gallons (757 L) per tan I<. SECTION 97. Section 319.7.3 is hereby de leted as follows: 319.7.3 Cooking oil storage system components. Metallic and nonmetallic cooking oi l storage system components shall in clude, but are not limited to, piping, connections , fittings, va lves , tubing, hose, pumps, vents and other re lated compone nts used for the transfer of cooking oil. SECTION 98. Section 319.7.4 is hereby deleted as follows: 319.7.4 Design criteria. HOA.10271 2621.3 44 6.1.c Packet Pg. 224 The design, fabrication and assembly of system components shall be suitable for the working pressures, temperatures and structural stresses to be encountered by the components. SECTION 99. 319.7.5 Section 319 .7.5 is hereby deleted as follows: Tank venting . Normal and emergency venting shall be provided for cooking oil storage tanks. SECTION 100. Section 319.7.5 .1 is hereby deleted as follows: 319.7.5.1 Normal vents. Normal vents shall be located above the maximum normal liquid line, and shall have a minimum effective area not smaller than the largest filling or 'Nithdrawal connection . Normal vents are not required to vent to the exterior. SECTION 101. Sect_ion 319. 7.5.2 is hereby deleted as follo ws: 31 9.7.5.2 Emergency vents . Emergency relief vents shall be located above the maximum normal liquid line, and shall be in the form of a device or devices that will relieve excessive internal pressure caused by an exposure fire. For nonmetallic tanks, the emergency relief vent shall be allmved to be in the form of construction. Emergency vents are not required to discharge to the exterior. SECTION 102. 319.8 Section 319.8 is hereby deleted as follows: LP gas systems. VVhere LP gas systems provide fuel for cooking appliances, such systems shall comply with Chapter 61 and Sections 319.8.1 through 31~ HOA.102 712621.3 45 6.1.c Packet Pg. 225 SECTION 103. 319.8.1 Section 319 .8.1 is hereby deleted as follows: Maximum aggregate volume. The maximum aggregate capacity of LP gas containers transported on the vehicle and used to fuel cooking appliances only shall not exceed 200 pounds (91 kg) propane capacity. SECTION 104. 319.8.2 Section 319 .8 .2 is hereby deleted as follows: Protection of container. LP gas containers installed on the vehicle shall be securely mounted and restrained to prevent movement. SECTION 105. Section 319 .8.3 is hereby deleted as follows: 319.8.3 LP gas container construction. LP gas containers shall be manufactured in compliance 'Nith the requirements of NFPA 58. SECTION 106. Section 319.8.4 is hereby deleted as follows: 319 .8.4 Protection of system piping. LP gas system piping, including valves and fittings , shall be adequately protected to prevent tampering, impact d amage , and damage from vibration. SECTION 107. Section 319.8.5 is hereby deleted as follows : 319.8.5 LP gas alarms. A listed LP gas alarm shall be installed within the vehi cle in the vicinity of LP gas syste m components, in accordance 'Nith the manufacturer's instru ctions. SECTION 108. Section 319.9 is he reby de leted as follows : HOA.102712621.3 46 6.1.c Packet Pg. 226 319.9 CNG systems. \IIJhere CNG systems provide fuel for cooking appliances, such systems shall comply \'vith Sections 319.9 .1 through 319.9.4. SECTION 109. Section 319.9.1 is hereby deleted as follows: 319.9.1 CNG containers supplying only cooking fuel. CNG containers installed so lely to provide fuel for cooking purposes shall be in accordance with Sections 31 9.9.1.1 through 31 9.9.1.3 SECTION 110. Section 319.9.1.1 is hereby deleted as fol lows: 319.9.1.1 Maximum aggregate volume. The maximum aggregate capacity of CNG containers transported on the vehicle shal l not exceed 1 ,300 pounds (590 kg) water capacity. SECTION 111. Section 319.9 .1.2 is hereby deleted as follows: 319.9.1.2 Protection of container. CNG containers shall be securely mounted and restrained to prevent movement. Containers shall not be installed in lo cat ions subject to a d ire ct vehicle impact. SECTION 112. Section 319.9 .1.3 is he reby del eted as fo ll ows: 31 9.9.1.3 CNG containe r construction. CNG conta iners sha ll be an NGV 2 cyl inder. SECTION 113. Section 319.9.2 is hereby deleted as follows: 319.9.2 CNG containers supplying transportation and cooking HOA.102712621.3 47 6.1.c Packet Pg. 227 VVhere CNG containers and systems are used to supp ly fuel for cook ing purposes in addition to being used for transportation fuel, the instal lation shal l be in accordance with NFPA 52 . SECTION 114. Section 319.9.3 is hereby deleted as follows: 319.9.3 Protection of system piping. CNG system pip ing , i nclud ing va lves and fittings, shal l be adequately protected to prevent tampering, impact damage and damage from vibration. SECTION 115. Section 319 .9.4 is hereby de leted as fo ll ows: 319.9.4 Methane alarms. A listed methane gas alarm shall be installed within the vehicle in accordance with manufacturer's instructions. SECTION 116. 319.10 Section 319.10 is hereby deleted as follows: Maintenance. Maintenance of systems on mobile food preparation vehicles sha ll be in accordance 'Nith Sections 319.10.1 through 319.1 0.3. SECTION 117. Section 319.10.1 is hereby deleted as follows : 319.10.1 . Exhaust system. The ex haust system, including hood, grease removal devices, fans, ducts and other appurtenances, shall be i nspected and cleaned in accordance 'N ith Section 607.3. SECTION 118. Section 319.10.2 is hereby deleted as follows: 319 .10.2 Fire protection systems and devices . HOA.1 02712621.3 48 '· 6.1.c Packet Pg. 228 Fire protection systems and devices shall be maintained in accordance vvith Section 901.6 . SECTION 119. 319.10.3 Section 319.10.3 is hereby deleted as follows: Fuel gas systems. LP gas containers installed on the vehicle and fuel gas piping systems shall be inspected annually by an approved inspection agency or a company that is registered with the U.S. Department of Transportation to requalify LP gas cylinders , to ensure that system components are free from damage, suitable for the intended service and not subject to leaking. CNG containers shall be inspected every 3 years in a qualified service facility. CNG containers shall not be used past their expiration date as listed on the manufacturer's container label. Upon satisfactory inspection , the approved inspection agency shall affix a tag on the fuel gas system or within the vehicle indicating the name of the inspection agency and the date of satisfactory inspection. SECTION 120. Sections 321 -323 are hereby reserved to read as follows: SECTIONS 321 -323 of Title 32 of the Los Angeles County Code are reserved. SECTION 121. Section 324 is hereby added to read as follows: 324 PARADE FLOATS 324.1 Permits. An operationa l permit is required to operate a parade float for a public performance, presentation, spectac le, entertainment, or parade. Permits shall be required as set forth in Sect ion 1 05.6. HOA.102712621 .3 49 6.1.c Packet Pg. 229 324.2 Decorative material. Decorative materi a l on parade floats shall be non-combustib le, made f lame retardant by app lication of a California State Fire Marsha l listed treatment, or meet the flame resistive requirements of the fire code official. 324.3 Fire protection. Moto ri zed parade f loats a nd towing apparatus sha ll be provided with a minimum 2-A: 1 0-B: C-rated portab le fire extingu isher readi ly accessible to the operator. SECTION 122 . Section 325 is hereby added to read as fo ll ows: 325 CLEARANCE OF BRUSH AND VEGETATIVE GROWTH 325.1 Electrical transmission lines. 325.1 .1 Support clearance. Any person owning, contro lli ng, operating, or maintain ing any electrica l transmiss ion or distribution li ne upon any mountainous, forest , or br ush-covered lands , or land covered w ith f lammab le growth shall, at all times, maintain around and adjacent to any pole supporti ng a switch, fuse, transformer, lightning arrester, or line j unction , or dead end, or corner po les, or towers, or other poles or towers at which power company employees are li kely to work most frequent ly, an effective firebreak, consisting of a c learing of not less than 10 feet (3.05 m) i n each direction from the outer circumferen ce of such pole or towe r provided, however, that this provision shall not be deemed to apply to lines used exclusively as telephone , te legraph, or telegraph messenger ca ll , fire or alarm lines, or other lines classed as communication (Class C) circuits by the Public Uti l iti es Commission of th e State of Ca li forn ia. Nor shal l this provision app ly to HOA.1 027 1262 1.3 50 6.1.c Packet Pg. 230 clearance around poles supporting only secondary e lectri ca l distribution lines of 750 volts or less. 325.1.2 Line clearance. Any person owning , controlling , operating , or maintaining any electrical transmission or distribution line upon any mountainous, or fo res t , or brush-covered lands, or la nds covered with flammable growth shall maintain a cl earance of the respective distances hereinafter in this section specified in all directions between all vegetation and all conductors carrying electrical current. For li nes operating at 2,400 volts or more , but less than 72,000 volts, fo ur (4) feet (1.22 m); For lin es operating at 72,000 volts or more, but less than 110,000 volts, six (6) f eet (1.83 m); and For lines operating at 110,000 volts or more, t e n (1 0) feet (3 .05 m ). In any case, such distance shall be sufficiently great to furnish t he required clearance from the particular wire or conductor at any position, of such wire or conductor at any temperature of 120 degrees Fahrenheit or less. Dead trees, old, decadent, or rotten trees, those weakened by decay or disease , and trees leaning toward the line, which may contact the line from the side or may fall on the line, shal l be felled, cut or trimmed so as to remove the hazard. HOA.1 02712621 .3 51 6.1.c Packet Pg. 231 325.1.3 Self-supporting aerial cable. No clearing to obtain line clearance is required when self-supporting aerial cable is used except that fork ed trees, leaning trees, and other growth which may fall across th e cab le and break it sha ll be removed . Exception : Nothing contained in this secti on shall be construed to require any person to maintain any clearing on land where such person does not have the lega l right to maintain suc h clearing , nor shall any provision of this ordinance be construed to require any person to enter up on or to damage property of another withou t the consen t of the owner thereof. For furth er exceptions , see Ca lifornia Code of Regulations , Title 14, Division 1.5, Chapter 7, Article 4. 32 5 .2 Structures. 325.2.1 Clearances. Any pe rson owning, leasing , co ntrolling , operating , o r maintaining any bui lding , structure, o r apiary upon o r adj oin in g any mountainous, or fo res t o r brush-covered land or land covered w ith fl ammable growth, and any perso n owning, leasing, or controlling any land ad jace nt to such structures, sha ll at a ll times: 1. Place or store firewood, manure, compost , and other comb ustib le materials a minimum of 30 feet (9.14 m) from any building, st ru ctu re, or apiary. 2. Maintain around and adjacent to such bu il ding, structure, or apiary an effecti ve fire protection or firebreak made by removin g and clearing away, fo r a distan ce of not less than 30 feet (9.14 m) on each side thereof, a ll flamm able ve getation or other combustib le growth. This includes ornamental p lants and trees known to be f lammable, HOA .1 02712621.3 52 6.1.c Packet Pg. 232 including but not limited to acacia, cedar, cypress, eucalyptus , juniper, pine , and pampas grass. Exceptions: 1. Ornamental plants and trees that are individually planted , spaced , and maintained in such a manner that they do not form a means of transmitting fire from native growth to the structure. 2. Cultivated ground cover such as green grass, iv y, succulents, or similar plants provided that they are maintained in a condition that does not form a means of transmitting fire from native growth to the structure. 3. When the fire code official or commissioner finds that because of extra hazardous conditions, a firebreak of only 30 feet (9.14 m) around such building , structure, or apiary is not sufficient to provide reasonable fire safety , the person owning , leasing , controlling , operating, or maintaining the building, structure, or apiary shall maintain around or adjacent to any building , structure, or apiary an additional fire protection or firebreak made by removing all brush, flammable vegetation, or combustible growth located from 30 to 100 feet (9.14 to 30.48 m) from such building , structure , or apiary, as may be required by the fire code official or commissioner. Grass and other vegetation located more than 30 feet (9.14 m) from such building, structure, or apiary and less than 18 inches (45.72 em) in height above the ground , may be maintained where necessary to stabilize the soil and prevent erosion. 4 . That portion of any tree which extends within 10 feet (3.05 m) of the outlet of any chimney shall be removed. HOA 10271 2621.3 53 6.1.c Packet Pg. 233 5. Maintain any tree adjacent to or overhanging any building, structure, or apiary free of dead wood. 6. Maintain the roof of any building, structure or apiary free of leaves, needles, or other dead vegetative growth. 7. Nothing contained in this section shall be construed to require any person to maintain any clearing on land where such person does not have the legal right to maintain such clearing, nor sha ll any provision of this ordinance be construed to require any person to enter upon or to damage property of ano ther without the consent of the owner thereof. 325.2.2 Extra hazard. The govern in g body finds that in many cases because of extra hazardous situations, a firebreak around buildings, structures, or apiaries of on ly 30 feet (9.14 m) is not sufficient and that a firebreak of 50 feet (15.24 m) or more may be necessary. If the fire code official or commissioner finds that because of the location of any building , structure , or apiary and because of other conditions, a 30-foot (9.14-m) firebreak around such building, structure , or apiary as requ ired by Section 325.2.1, is not sufficient, the fire code official or commissioner may notify all owners of the properties affected that they must clear a ll flammable vegetation and other combustible growth or reduce the amount of fuel content for a distance greater than 30 feet (9.14 m), but not to exceed 200 feet (60 .96 m). HOA.102712621.3 54 6.1.c Packet Pg. 234 325.3 Notice to correct. 325.3.1 Contents of notice. A notice to clear all flammable vegetation and other combustible growth for a d i sta nce greater than 30 feet (9.1 4 m) s hal l be in writing and sha ll spec ify th e exact distance from the structure that such vegetation and growth must be cl eared. 325.3.2 Compliance with findings. Within a reasonab le time after receipt of the notice specified in Section 325.3 .1, every person owning, leasing, control lin g, or operating the bui lding, structure, or api ary involved, and every person owning , leasing, or contro lling any land adjacent t o such building, structure , or apiary sha ll at al l times maintain around and adjacent to such bui ldi ng, structure, or apiary a n effective f ire p rot ectio n or firebreak m ade by re movin g and clearing away, for a distance not less than so determined, o n each side thereof, all fl ammab le vegetation or other combust ibl e growth , except as oth erwise provided in Secti on 325 .2. 325.3.3 Correction by fire code official or Commissioner. Any perso n who has received notice for having failed to meet any of the requirements specifie d in Sections 325 .2 .1 , 325 .2.2 , 325.3.2 , 325.10 , 503.2.1, 3 10 7.18 , 6107.2, or 6 107.3 and who i s unable to comp ly with the requ irements of such notice may request the fire code offic ia l or com mi ssione r to corre ct the cond iti on o r co nditi ons . The fire code officia l or commiss ioner may do so , provided that the person requesting such ass istance agrees to pay the full cost thereof. HOA.1 027 1262 1.3 55 6.1.c Packet Pg. 235 325.3.4 Notice of failure to correct. In the event any of the conditions prohibited by Sections 325.2.1, 325.2.2, 325.3.2, 325.10, 503.2.1, 3107.18, 6107 .2, or 6107.3 exist, the governing body may instruct the fire code official or comm issioner to give notice to the owner of the property upon which such condition exists , to correct such prohibited condition, and if the owner fails to correct such condition, the governing body may cause the same to be done and make the expenses of such correction a lien upon the property upon which such condition exists. If it so instructs the fire code official or commissioner, the governing body shall designate the time and place of a hearing either be fo re itself or before a referee appointed by it, and shall notify the fire code official of its action. 325.3.5 Mailing notice. Upon receipt of a notice from the governing body of the time and place of hearing, and not less than 10 days before such hearing, the fire code official or comm issioner sha ll mail a notice to the owners of the property , as their names and addresses appear from the last equa li zed assessment roll, or as they are known to the clerk of the governing body on which a firebreak is not maintained as required by Sections 325.2.1, 325.2 .2 , 325 .3.2 , 325.10 , 503.2.1 , 3107.18 , or 6107.3 in substantia ll y the following form: NOTICE TO DESTROY WEEDS, BRUSH, AND RUBBISH Notice is hereby given that on the _ day of (month) , the governing body of (municipality) passed a resolution decl a ring the no x ious or dangerous weeds, sag e brush, chaparra l, and any other brush or weeds which atta in su ch larg e HOA.102712621.3 56 6.1.c Packet Pg. 236 growth as to become, when dry, a fire menace to adjacent improved property, were growing and that there existed dry grass, stubble brush, litter, or other flammable material which endangers the public safety by creating a fire hazard upon or in front of the property on certain streets in said municipality, and more particularly described in said resolution , and that same constitutes a public nuisance which must be abated by the removal of said noxious or dangerous weeds, brush, litter, or other flammable material , otherwise they will be removed and the nuisance will be abated by the municipal authorities, in which case the cost of such removal shall be assessed upon the lots and lands from which, or in front of which, such materials are moved , and such cost will constitute a lien upon such lots or lands until paid. Reference is hereby made to said resolution for further particulars. All property owners having any objections to the proposed removal of such materials are hereby notified to attend a meeting of the governing body of said municipality, to be held at a.m. o'clock, (month) , when their objections will be heard and given due consideration. Dated this day of (month) __ _ (name) (department) (municipality) 325.3.6 Posting of notice. As an alternative to mailing, a notice in th e form required in Section 325.3.5 shall be posted conspicuously in front of the property on which vegetation wh ich must be HOA.1 02712621 .3 57 6.1.c Packet Pg. 237 removed exists , or if the property has no frontage upon any highway or road , then upon that portion of the property nearest to a highway or road, or most likely to give actual notice to the owner. The notices shall be posted not more than 100 feet (30.48 m) in distance apart, but at le ast one notice shall be posted on each lot or parcel of land. 325.3.7 Publication of notice. The clerk of the governing body shall publish notice of the hearing once in a newspaper of general circulation printed and published in the County, not less than 10 days prior to the date of the hearing, when notice is g iven by means other than that prescribed in Section 325.3.4. 325.4 Hearing of protests. 325.4.1 Appointment of referee. The governing body may appo int a referee to hear protests pursuant to this section. If the governing body appo ints an officer or employee of the municipality as referee, the referee shall serve without any additional compensation, but all time spent as referee shall be deemed and counted as time spent in performing the duties of the compensated position. 325.4.2 Hearing objections. At the same time stated in the notices, the governing body or referee shall hear and consider all objections and protests, if any, to the proposed remova l of vegetation, and may continue the hearing from time to t im e. HOA.1 027 1262 1.3 5 8 6.1.c Packet Pg. 238 325.4.3 Report of referee. If the hearing is before a referee, upon the conclusion of the hearing , the referee sha ll report to the governing body findings and recommendations as to what objections , if any, should be allowed and what objections , if any, should be overruled. 325.4.4 Decision by board. Upon the conclusion of the hearing before itself, or upon rec eipt of th e report of the referee , the governing body sha l l allow or overrule all object ions , whereupon the governing body shall acquire jurisdiction to proceed and perform the work by removal. The decision of the governing body on the matter is final, except as provided in Sections 14920 and 14921 of the Cal ifornia Health and Safety Code. 325.4.5 Order for abatement. After final action is taken by the governing body on the disposit io n of any protests or objections, or in case no protest or objections are received , the said governing body shall order the fire code official or commissioner to remove the dangerous vegetation. 325.5 Right of entry upon private property. The fire code official or commissioner, or their assistants, deputies, employees, or contracting agents, or other representatives may enter upon private property for the purpose of inspecting and/or removing vegetation pursuant to Sections 104.3 and 1 04.3.1 of this code. HOA.1 02712621.3 59 6.1.c Packet Pg. 239 325.6 Removal before arrival of fire code official or Commissioner. Any property owner may have the vegetation removed at the owner's expense, if it is done prior to the arrival of the fire code official or commissioner or their representatives. 325.7 Record and report of cost. The fire code official or commissioner sha l l keep an account of the cost of removing the vegetation from each separate parce l of land and shall rende r an itemized report in writ i ng to the governing body showing the cost of removing the vegetation from each separate lot or parce l of land. 325.7.1 Posting copy of report. Before the report is submitted to the governing body or referee , a copy shall be posted for at least three days on or near the chamber door of the governing body with a notice of the time when the report w il l be submitted to the governing body or referee for heari ng on confirmation. 325.7 .2 Hearing on report. At the time fixed for receiving and cons idering the report, the governing body or the referee shall hear it and any objections of any of the property owners liable to be assessed for the work of clearing vegetation. HO A.1 0271262 1.3 60 6.1.c Packet Pg. 240 325.7.3 Report of referee. If the hearing is before a referee, upon the conclu sion of the hearing, the referee shall report to the governing body findings and recommendations as to what modifications , if any, should be made in the report. 325.7.4 Modification and confirmation of the report. Upon the conclusion of the hearing on the report before itself, or upon receipt of the report of the referee, the governing body may make such modifications in the report of the fire code officia l or commissioner as it deems necessary, after which, by orde r or resolution , the report shall be confirmed. 325.7.5 Costs of removal. The amounts for the cost for removing the vegetation upon the various parcels of land mentioned in the report of the fire code official or commissio ner, as confirmed , shall constitute special assessments against the respective parce ls of land and are a lien on the property for the amount of the respective assessments. 325.7.6 Collection of expenses. The expenses of removing vegetation sha ll be collected , and assessments shal l be canceled or refunded as provided in Article 3 of Chapter 4 of Part 5 of Di vision 12 of the California Health and Safety Code, the provisions of which article are incorporated herein as if set forth herein in full. HOA.102712 621.3 61 6.1.c Packet Pg. 241 325.8 Joint proceedings . All of the proceedings provided for in this article may be combined w ith and performed in conjunction with proceedings for the abatement of no xious weeds pursuant to Part 5 of Division 12 of the California Health and Safety Code. 325.9 Prosecution. A person who violates Sections 325 .2.1 , 325.2.2, 325.3.2, 325.10, 503.2.1, 3107.18, 6107.2, or 6107.3 may be prosecuted and punished whether proceedings pursuant to Sections 325.3-325.8, inclusive, have been had or not. Proceedings pursuant to Sections 325.3-325.8, inclusi ve, are not a condition precedent to prosecution for violation of Sections 325.2.1, 325.2.2, 325.3.2, 325.10, 503.2.1, 3107.18,6107.2, or6107.3. 325.10 Roadway clearance. The fire code official or commissioner may require removal and clearance of all flammable vegetation or other combustible growth for a minimum of 10 feet (3.05 m) on each side of every roadway, whether public or private. The fire code official or commissioner may enter upon private property to inspect, remo ve, and clear vegetation and growth as required by this section and may charge the responsible party for the cost of such action. This section shall not apply to single specimens of trees, ornamental shrubbery, or cultivated ground cover such as green grass, ivy, succulents, or similar plants used as ground cover, provided that they do not form a means of readily transmitting fire. As used in this section, "roadway" means that portion of a highway or private street improved, designed, or ord inaril y used for vehicular travel. HOA.1 02712621.3 62 6.1.c Packet Pg. 242 The minimum clearance of 10 feet (3 .05 m) may be increased, if the fire code official determines additional distance is required to provide reasonable fire safety. SECTION 123. Section 326 is hereby added to read as follows: 326 ACTIVITIES IN WILDFIRE RISK AREAS 326.1 Intent. Due to conditions tending to cause or allow the rapid spread of fires which may occur on grass-, grain-, brush-, or forest-covered land in certain hazardous fire portions of the jurisdictional area , or because of the inaccessible character of such lands , the unrestricted use of such lands creates a potential menace to life and property from fire. Therefore, it is the intent of this section to provide necessary safeguards to prevent the occurrence of fires and to control the spread of fires which might be caused by recreational , commercial , industrial, or other activities carried on in any wildfire risk area . 326.2 Permit required . Permits shall be required as set forth in Sections 105.6 and 105. 7. No person shall establish or conduct any of the following or similar activities in a wildfi re risk area without first securing a permit: 1. Recreational activities including , but not limited to, rifle ranges, carnivals and fairs, public assembly events, fireworks , and open burning. 2. Temporary or permanent activi t ies including , but not limited to , stands for cooking or other activities which could provide a source of ignition . HOA.1 0271262 1.3 63 6.1.c Packet Pg. 243 326.3 Permit request. A request for an issuance of a permit for any such activity shall be made to the fire code official not less than 15 days prior to the starting date of such activity. 326.4 Fire protection survey. Upon receiving a request for issuance of a permit , the fire code official shall survey the buildings, premises , and facilities proposed for such use prior to issuance of the permit to determine the fire protection equipment and safeguards necessary to conduct such activity without unduly increasing the potential fire hazard to the area. 326.5 Notification. The applicant shall be notified by the fire code official of the facilities and fire protection safeguards necessary, and a permit shall not be issued until all such facilities and safeguards have been provided. 326.6 Permit stipulations. The permit shall stipulate the conditions , precautions, limitations, and safeguards necessary to conduct such activity with a reasonable degree of fire safety, and fa ilure to comply with any condition , precaution, limitation, or safeguard stipu lated shall be cause for immediate revocation of the permit and cessation of the acti vity. 326 .7 Fire protection facilities required. Fire protection facilities required and conditions or limitations necessary to maintain reasonable fire safety may include, but are not limited to , the following : 1. Adequate water supply, pumps, hydrants , and hoses. HOA.1 027126 2 1.3 64 6.1.c Packet Pg. 244 2. Firebreaks as necessary to prevent a fire on the premises from spreading to adjacent brush-or grass-covered areas. 3. Posting of "NO SMOKING" signs . 4. Removal of dry grass and weeds from around buildings, along roadways and automobile parking areas , and other areas accessible to the public or participants of the activity . 5. Provision of approved, competent fire safety officers or advisors to act as f ire guards or fire watchers to patrol the area when such activity is taking place . Also see Section 3107.17. 6. Provision of adequate access roads and parking facilities to prevent congestion of public roads , to permit adequate means of egress for evacuation of the publ ic or participants in event of emergency, and to permit movement of fire apparatus and equipment. 7 . Restriction or prohibition of activities during periods of high-fire-hazard weather conditions. 8 . Such fencing as is necessary to control the activity. 9. Such other conditions, limitations , or provisions necessary to maintain reasonable fire safety. 326.8 Restricted entry on national forest land. A person shall not ente r or be on any lands within the boundaries of the National Forest within Los Angeles County which have be en closed to entry by the U .S. Forest Se rvice , except by a valid speci a l entry permit issu ed by a U.S. Forest Service official. HOA.1 02 71 2621.3 65 6.1.c Packet Pg. 245 326.9 Closure of public or private lands. Any portion of publ ic or private lands in any wi ldfire risk area may be closed to the public by the fire code official at the request of the owners of such pub lic or private lands, when in the opinion of the fire code official such closure is necessary for the prevention of fires. Notice of such c losure shall be made by the fire code officia l by public announcement, and such closure shall be in effect until , in the opinion of the fire code official , such c losure is no longer necessary for the protection of property against fire and such c losure is lifted by pu blic announcement. 326.10 Restricted entry on closed lands. A person sha l l not ente r or be upon any public or private lands closed to the public by the fire code official during the period such closure is in effect, except that the closure of private lands shall not prohibit the use or entry u pon such lands by the owner, owner's guests, or invitees, provided that such guests or invitees have written permission from the owner of such lands to enter upon the same . Such written perm it shall be presented upon the demand of any public officer when such person is within any closed area . 326.11 Posting of lands closed to entry. Lands closed to entry sha ll be posted by the fire protection agency having jurisdiction. HOA.102712621.3 66 6.1.c Packet Pg. 246 326.12 Spark arresters required. 326.12.1 Equipment. No person shall use or operate in, upon, or w ithin any wildfire risk area, any tractor, construct ion equipment, engine, machinery, or any steam, o il , or gasoline-operated stationary or mobile equipment, from which a spark or f ire may originate, unless such equipment is provided with a qualified device or spark arrester installed in or attached to the exhaust pipe which will prevent the escape of fire or sparks. Said qualified device or spark arrester shall meet the requirements of the current version of the United States Forest Service "Standard for Spark Arresters for Internal Combustion Engines" (Standard 5100-1 ). For the purpose of this section, any registered motor vehicle operated on a road or highway and which is equipped with a muffler in good condition, as required by the Ca lifornia Vehicle Code, shall be deemed to be in compl iance with this section. 326.12.2 Chimneys. Each chimney used in conjunction with any firepla ce, barbecue, incinerator, or any heating appl iance in which solid or liquid fuel is used , upon any building , structure, or premises located within any wi ldfire risk area, shall be maintained with a spark arrester constructed with heavy wire mesh or other non-comb ustibl e material with openings not to exceed one-ha lf inch (12.7 mm). 326.13 Open flame device. No person shall operate or use any device , machine, or process such as a welding torch , tar pot, decorative torch , or any other device li able to start or cause fire in HOA.1 02712621.3 67 6.1.c Packet Pg. 247 or upon any wildfire risk area, except by the authority of a written permit from the f ire code official. However, no permit will be required if such use is within inhabited premises or a designated camp site, and such use is a m inim um of 30 feet from any grass-, grain-, bru sh-, or forest-covered lands . 326.14 Roadway clearance. 1. C learance of brush or veg etative growth from road w ays shall be in accordance with Section 325.10 of this code. 2. If the fire code officia l determines in any specific case t hat d ifficu lt terrai n , danger of erosion , or othe r unusual c ircumstances make strict co mplian ce wi th the provisions of th is code und es irable or impractical, the f ire cod e official ma y suspend enforcement thereof and require reasonab le alternative measures . 326.15 Illegal dumping. No person shall place , depo sit , or dump any garba ge , ca ns , bott le s, pape rs , a s hes, refu se, trash , rubbish , or co mbustibl e waste mate ria l s in or upon any w ildfire risk area. No person shall dump such materi al s in , upon, or along a ny t rai l, roadway, or high way in any w ildfire risk area . Dump ing in areas a pproved by t he Fire D epa rtm en t for thi s use shall not be deemed t o be in violatio n of this section. Th is section may be enforced by the comm iss ioner. 326.16 Disposal of ashes. No perso n shall place, deposit , o r d ump any as he s o r coals in or upon any wild fire risk area except in th e hea rth of an establ ished fire pit, camp stove , or f ireplace , or in a non-combustibl e container w ith a tight-fitting lid w hi ch is kept o r maintained in a HOA.1 027 1262 1.3 68 6.1.c Packet Pg. 248 safe location not less than 10 feet from any combustible vegetation or structure, or where such ashes or coals are buried and covered with one foot of mineral earth not less than 25 feet (7620 mm) from any combustible vegetation or structure. 326 .1 7 Fire roads and firebreaks. 1. No pe rson, except pub lic officers acting w ithin the scope of their duties, sha ll trave l upon or drive or park any motorcycle, motor scooter, or motor vehicle upon any fire road or firebreak beyond the po int where travel is restricted by a cable, gate , or sign, without t he perm ission of the property owner or owners invo lve d. 2. No person s hall park any veh ic le so as to obstruct the entrance to any fire road or f irebreak . 3. No person shall insta ll or mainta in a rad io or te levision aeria l , or guy wire thereto , or any other obstruction on any f ire road or firebreak, wh ich is less than 16 feet above such fire road or firebreak . 326.18 Use of motorcycle, motor scooter, and motor vehicles. No person shall operate any motorcycle, motor scooter, or motor vehicle , except upon clearly establ ished public or private roads, with in any wildfire risk area without f irst having secured a permit to do so from the fire co de official. No such permit shall be issu ed unless w ritten permission from the property owner is f irst presented. 326.19 Hazardous warning lights . It shall be unlawfu l to maintain any torch o r lantern utilizing an open flame along any excavation , road , or a ny place where the dislodgment of such torch or lantern might HOA.1027 1262 1.3 69 6.1.c Packet Pg. 249 permit same to roll, fall, or slide on to any forest-or brush-covered land, or any land containing flammable material. SECTION 124. Section 327 is hereby added to read as follows: 327 ADMINISTRATIVE FINES 327.1 Administrative fine-imposition. Improved parcels found to be in violation of Sections 325.2 .1 , 325.2.2 , 325.10, 503.2.1 , 3107.18 , or 6107.3 of this code relating to clearance of brush and combustible growth, roadway clearance , and vertical clearance on fire access roads, shall be subject to an administrative fine , non-compliance fee , and /or possible liens as al lowed by the provisions of Title 1, Chapter 1.25 of the County Code. 327 .2 Administrative fine-enforcement. An administrative fine will be imposed and enforced upon failure of the responsible party to comply with written abatement instructions and timeframes contained on the Official Inspection Report Form (County of Los Angeles Fire Department FORM 410, all versions) issued by the Fire Department. 327.3 Declared parcel. A declared parcel is a parcel which contains noxious weeds and other flammable vegetation that are a fire hazard and which constitutes a pu bli c nuisance w hich must be abated as declared in an annual resolution of the Board of Supervisors. An owner of a declared parcel will be mailed a declaration card specifying the abatement actions required of the owner. The declaration card constitutes the first officia l notice to the owner. HOA.102712621 .3 70 6.1.c Packet Pg. 250 327.3.1 Declared parcel inspection-notice of violations. A physical inspection of the declared parcel is conducted by the Fire Department to determine compliance w ith the declaration card. After the physical inspection, if the Fire Department determines that the owner has not complied wi th the declaration card, then such non-compliance constitutes the first vio lation of the fire code. The owner w ill be given notice of such first violation of the fire code. This notice constitutes the second official notice to the owner. The second official notice shall also inform the owner that an administrative fine may be imposed on the declared parcel if not properly cleared. An owner's failure to comply with the second official notice constitutes the second violation of the f ire code. 327.4 Undeclared parcel. An undeclared parcel is a parcel not contained in the annual resolution of the Board of Supervisors described in Section 327.3. 327.4.1 Undeclared parcel inspection-notice of violations. After a physical inspection, if the Fire Department determines that an undeclared parcel is not in compliance with the fire code, the owner will be given notice of such violation of the fire code. This notice of violation constitutes the first official notice. An owner's failure to comply with the first official notice constitutes the first violat ion of the fire code. After a first violation, a physical inspection of an undeclared parcel w ill be conducted by the Fire Department to determine comp lia nce w ith the fire code. After the physical inspection, if the Fire Department determi nes that an undeclared parcel is not in compliance with the fire code, the owner will be given notice of the second violation of HOA.1 02712621.3 71 6.1.c Packet Pg. 251 the fire code. This notice constitutes the second official noti ce to the owner. Th is second official notice shall also inform the owner that an admin istrative fine ma y be imposed on an undeclared parcel if not cleared . An owner's fai lure to comply with the second notice constitutes the second violation of the fire code. 327.5 Administrative fine-amount. The administrative fine for a first violation as described in Section 327.3.1 or 327.4.1 is $0. The administrative fine for a second violation as described in Section 327.3.1 or 327.4.1 is $500. 327.6 Administrative fine-collection. The administrative fine will be collected by the Fire Departm.ent through direct invoice. The Fire Department shall notify the owner of the imposition and amount of the administrative fine. 327.7 Administrative fine-administrative review and appeal. The imposition of an administrative fine may be appealed in writing utilizing the request-for-administrati ve-hearing form provided with the administrative fine in voice. The request-fo r-administrati ve-hearing form must be filed w ith the brush clearance section manager of the Fire Department within 10 calendar days following the service of the notice of administrative fine. Upon conclusion of the administrative hearing , the hearing officer shall issue a written decision within 10 calendar days. The hearing officer's written decision shall constitute the final administrative decision of the County. HOA. 102712621 .3 72 6.1.c Packet Pg. 252 Any person contesting the final administrative order or decision of the Fire Department may seek further review pursuant to Section 53069.4 of the California Government Code. Any administrative penalty imposed shall be cancelled or refunded as provided in Sections 14920-14921 of the California Health and Safety Code , or any successor statute of similar import . 327.8 Creation of lien for unpaid administrative fines. Pursuant to Title 1, Chapter 1.25 of the County Code, the amount of the unpaid administrative fines shall become a lien on the real property that is in violation of this chapter . SECTION 125. Section 328 is hereby added to read as follows: 328 LAND DEVELOPMENT AND ENVIRONMENTAL REVIEW FEES -- This section is applicable to all unincorporated portions of Los Angeles County, to all incorporated areas that are a part of the Consolidated Fire Protection District of Los Angeles County, and to all cities that contract with the Consolidated Fire Protection District of Los Angeles County for services and adopt Section 328 as part of their fire code. The applicable fees described herein shall be collected as a condition of approval for any land development project(s), environmental documents, or permit review(s) refEmed or submitted to the Fire Department for review. Permits shall be required as set forth in Section 1 05.7. HOA.102712621 .3 -7 3 6.1.c Packet Pg. 253 SECTION 126. 328.1 Section 328.1 is hereby added to read as follows: Tentative tract map initial review. A fee shall be payable to the Fire Department upon the initial submittal of any tentative tract map for the review and approval by the Fire Department. The amount of the fee shall be $2,593.00 for the first 10 lots , plus an additional amount for any tentative tract map containing more than 1 0 lot s, calculated in accordance with the following: a. An additional $20.00 for each of the next 15 lots beyond the first 10 (i.e. lots 11-25 ); plus b. An additional $20 .00 for each of the next 25 lots beyond the first 25 (i.e . lots 26-50); plus c. An additional $15.00 for each of the next 50 lots beyond the first 50 (i.e. lots 51-1 00); plus d. An additional $11.00 for each of the next 900 lots beyond the first 100 (i.e. lots 101-1000); plus e. An additional $6 .00 for each lot in excess of the first 1,000 lots. SECTION 127. Section 328.2 is hereby added to read as follows: 328.2 Revised tentative tract map filing fees. If, prior to approval by the advisory agency of the County or the city (or if there is no advisory agency, then by the legis lative body thereof), the tentative map requires significant revision, the subdivider shall pay to the Fire Department a fee of $384.00 for the third major revision and for each additional significant revised map thereafter. HO A.1 02 71 2621 .3 74 6.1.c Packet Pg. 254 328.2.1 If, subsequent to the approval of a tentative map by the advisory agency of th e County or the city (or if there is no advisory agency, then by the legislative body thereof), the subdivider requests a significant revision of the conditions of approval and a revised tentative map is submitted for review and comme nt, the subd ivid er shall pay the Fire Department a fee of $1 ,243.00 . 328.2.2 If a less-than-significant change is proposed to a tentative map and a revised map is not required, the subdivider shall pay the Fire Department a fee of $630.00 . SECTION 128. Section 328.3 is hereby added to read as follows: 328 .3 Final map review analysis (tract map). 328.3.1 A fee shall be payable to the Fire Department, upon the submittal of any final tract map for review by the Fire Department. T he amount of the fee shall be as follows: a. $630.00 for each map consisting of 1-5 lots. b. $691.00 for each map consisting of 6-10 lots . c. $814 .00 for each map consistin g of 11-25 lots. d. $936.00 for each map consisting of 26-50 lots. e. $1,120.00 for each map consisting of 51 or more lots. 328.3.2 In addition to the fee specified in Section 328.3.1 , a supplemental review fee shall be payable to the Fire Department in the event that a final tract map is submitted more than three times. The amount of the supplemental rev ie w fee, payable upon the fourth and each subsequent submittal shall be $200 .00 . HOA.1 02712621.3 75 6.1.c Packet Pg. 255 SECTION 129. 328.4 Section 328.4 is hereby added to read as follows : Tentative parce l map i nitial review. A fee shall be payable to the Fire Department , upon the initial submittal of any tentative parcel map for the review and approval by the Fire Department. The amount of the fee shall be $1, 120.00. SECTION 130. Section 328.5 is hereby added to read as follows: 328.5 Tentative parcel map revisions. A fee shall be payable to the Fire Department upon the submittal for approval by the Fire Department of any revisions to a tentative parcel map that has been previously approved by the Fire Department. In cases where the city does not have an advisory agency, the legislative body of that city shall serve that role. The amount of the fee shall be as follows: a. $323 .00 for a revision to a tentative parcel map that has not been approved by the advisory agency of the city. b. $630.00 for a revised tentative parcel map that has previously been approved by the advisory agency of the city. c. $384.00 for an amendment to a tentative parcel map that has previously been approved by the advisory agency of the city, that is of a minor nature and where a revised map is not required. HOA.1 02712621.3 76 6.1.c Packet Pg. 256 SECTION 131. 328.6 328.6.1 Section 328 .6 is hereby added to read as follows : Final map review analysis (parcel map). A fee shall be payable to the Fire Department upon the submittal of any final parcel map for approval by the Fire Department. The amount of the fee shall be as follows: a . $630 .00 for each map consisting of 1-4 parcels. b . $691 .00 for each map consisting of 5-10 parcels. c . $936 .00 for each map consisting of 11-50 parcels. d. $1,120 .00 for each map consisting of 51 or more parcels. 328.6.2 In addition to the fee specified in Section 328.6 .1, a supplemental review fee shall be payable to the Fire Department in the event that a final parcel map is submitted more than three times . The amount of the supplemental review fee, payable upon the fourth and each subsequent submittal shall be $200 .00 . SECTION 132. 328.7 Section 328 .7 is hereby added to read as follows: Miscellaneous f ees. A fee shall be payable to the Fire Department upon submittal of any of the following requests for review and approval by the Fi re Department. The amount of the fee shall be as follows : a. $139.00 for a request for a site plan review . Examples of a site plan review include , but are not limited to : design review, development permit application, preliminary review , and design overlay review. HOA.10271 262 1.3 77 6.1.c Packet Pg. 257 b. $262 .00 for verification that the final tract or parce l map complies with the applicable ordinances, conditions, and other requirements. c . $262 .00 for a request for review of a proposed street vacation. d. $262 .00 for a request to review an application for a lot-line adjustment and/or lot merger. e. $262.00 for a request to review a water system that includes a maximum of 10 hydrants. Where the water system includes more than 1 0 hydrants, the amount of the fee shall be increased by an additional $40.00 for each add iti ona l hydrant beyond 10. f. $262.00 for a request for review of a water system plan. g. $384.00 for a request to review an application for a cond ition a l use permit. h. $225 .00 for a request for review of a revision to a conditional use permit application that has previously been approved by the Fire Department. i. $139.00 for a request for review of an appeal to the water appea ls board. j. $262.00 for a request for review of an application for a change of zone . k. $384.00 for a request to review an application for a mo bilehome park or special occupancy park, including review of environmenta l impact reports, new park development or continued use of an existing park. I. $507.00 for a requ est for review of a grad in g plan for fire lan es and private driveways only. m. $262.00 for a request for review of a "Revised Exhibit A". See Title 22, Chapter 22.184 of the County Code. H OA.1 02712621 .3 78 6.1.c Packet Pg. 258 n. $286.00 for a request for a grant of waiver. o. $262.00 for a request for review of an application for a clean hands waiver. p. $153 .00 for a "One Stop" advisory counseling /review. SECTION 133. 328.8 Section 328.8 is hereby added to read as follows: Environmental document reviews. 328.8.1 Whenever a review for impact on the fire prevention , natura l resources, and/or fire resource allocation responsibilities of th e Fire Department is required as part of the environmenta l review process, the applicant shall pay a minimum deposit fee of $1 ,000 at the time of submittal to the Fire Department, as well as such supplemental fees and deposits as specified in Sections 328.8.2 through 328.8.7. 328.8.2 If during the Fire Department's review process actua l costs incurred reach 80 percent of the amount on deposit, the applicant shall be notified and required to submit a minimum supplemental deposit up to the amount of the initial deposit. There is no limit to the number of supplementa l deposits that may be required prior to completion or withdrawal of the environmental review. 328.8.3 If an initi al or supplementa l deposit is not received within 30 days of notification that such deposit is due and payable, the Fire Department's review shall be discontinued until such deposit is received. 328 .8.4 At the sole discretion of the applicant, the amount of an initial or supplemental deposit may exceed the minimum amounts defin ed herein , ex cept that HOA.1 02712621.3 79 6.1.c Packet Pg. 259 at no time shall such initial or supplemental deposit be less than the minimum deposit amount set forth in Section 328.8.1. 328.8.5 The Fire Department's actual costs shall be computed on a monthly basis and deducted from the amount on deposit. The costs shall be considered final upon completion of the Fire Department's review process . If final costs do not exceed the amount on deposit, the unused portion shall be refunded . 328.8.6 Should the application be withdrawn , costs shall be computed as of the date that the Fire Department is advised of the withdrawal, and the unused porti.on of the amount on deposit shall be refunded. 328.8.7 Costs shall be computed using actual hours expended by staff multiplied by the most current applicable hourly rates , approved by the County Auditor-Controller, that are available at the time that costs are assessed. Cost data used to determine fees shall be maintained by the Fire Department's business office and made available for public review while work is in progress and for three years following final action or withdrawal of the application. HOA.102712621.3 80 6.1.c Packet Pg. 260 SECTION 134. 328.9 328.9.1 Section 328 .9 is hereby added to read as follows : Oak tree permit review fees. When an oak tree report is referred to the Fire Department for review , pursuant to Title 22 , Section 22.56.2140 , of the County Code , a fee shall be paid to the Fire Department based on the number of trees identified for review in the oak tree report , as follows: NUMBER OF TREES REVIEW FEE 1-15 $775 .00 16-50 $861.00 51-100 $1 ,551.00 101-200 $2,412.00 201-400 $4,135.00 401-999 $6,892 .00 328.9.2 When the number of trees iden t ified for review in the oak tree report is 1 ,000 or more, the applicant shall pay directly to the Fire Department a deposit of $5 ,000 from which actual costs shall be billed and deducted. 328.9.2.1 If during the oak tree inspection process , actual costs incurred reach 80 percent of the amount on deposit , the applicant shall be notified by the Fire Department and required to submit a minimum supplemental d eposit in the amount of $5 ,000 directly to the Fire Dep a rtment. T here is no limit to the number of H OA.1 02712621.3 8 1 6.1.c Packet Pg. 261 supplemental deposits that may be required to be submitted to the Fire Department prior to the completion of, or withdrawal from, the project review process. SECTION 135. 328.9.2.2 Section 328.9.2.2 is hereby added to read as follows: If an initial or supplemental deposit is not received by the Fire Department within 30 days of notification that such deposit is due and payable, all work shall be discontinued until such deposit is received. SECTION 136. Section 328.9 .2 .3 is hereby added to read as follows : 328.9.2.3 At the sole discretion of the applicant, the amount of an initial or supplemental deposit may exceed the minimum amount defined herein , except that at no time shall such initial or supplemental deposit be less than the minimum requirement. SECTION 137. 328.9.2.4 Section 328.9.2.4 is hereby added to read as follows : The final oak tree inspection fee shall be based on actual costs incurred by the Fire Department. SECTION 138. Section 328.9.2.5 is hereby added to read as follows: 328.9.2.5 Costs shall be computed on a monthly basis and deducted from the amount on deposit. The oak tree inspection fee shall be considered final upon completion of th e review process . If final costs do not exceed the amount on deposit, the unused portion shall be refunded to th e applicant. HOA.102712621.3 82 6.1.c Packet Pg. 262 SECTION 139. Section 328.9 .2.6 is hereby added to read as fo llows : 328.9.2 .6 Should the inspection request be withdrawn, costs to date shall be computed, and the unused portion of the amount on deposit shall be refunded to the applicant. SECTION 140. Sectio n 328.9.2 .7 is hereby added to read as follows: 328.9 .2.7 Costs shall be computed us ing actual hours expended by Fire Department staff multiplied by the rnost current app licable hourly rates, approved by the County Aud itor-Controller, that are availab le at the time that costs are assessed. SECTION 141. Section 328.9.2.8 is hereby added to read as follows: 328.9.2.8 Cost data used to determine inspection fees sha ll be maintained by the business office of the Fire Department and made available for public review while work is in progress and for three years following final action or withdrawal of the application. SECTION 142. 328.10 hazard severity zones. Section 328.10 is hereby added to read as follows: Land development plan reviews located within fire Land development plan check review and approvals located within the Very High Fire Hazard Severity Zone (VHFHSZ) shall be performed in accordance with Section 4908 of this code. H OA.1 02712621 .3 83 6.1.c Packet Pg. 263 SECTION 143. 328.11 Section 328.11 is hereby added to read as follows: Annual review of fees. The fees in Section 328 shall be reviewed annually by the Fire Department. Beginning on July 1, 2008 , and thereafter on each succeeding July 1, the amount of each fee shall be adjusted as follows: calculate the percentage movement between March of the previous year and March of the current year in the Consumer Price Index (CPI) for all urban consumers in the Los Angeles, Anaheim, and Riverside areas, as published by the United States Government Bureau of Labor Statistics. The adjusted fee shall be rounded to th e nearest dollar; provided, however, notwithstanding any of the above, no fee shall exceed the cost of providing the service for which the fee is collected . SECTON 144. Section 401.10 is hereby added to read as follows: 401.10 Fire watch procedures. Where a fire watch is required by the fire code official , the owner, manager, lessee or person in charge shall provide the number of fire watch personnel that have been required. Fire watch personnel shall comply with sections 401.10.1 through 401.1 0.6. 401.10.1 Timeframes. Fire watch personnel sha ll remain on duty 24 hours a day where required fire protection compo nents are impaired or out of service. Where there is a ha zard to the building occupants , fire watch personnel sha ll remain in place whil e th e building is occupied. HOA.102712621.3 84 6.1.c Packet Pg. 264 Fire watch as directed by the fire code official, shall be continued until such time that the fire code official determines that it is no longer necessary. 401.10.2 Means of notification and communication. Fire watch personnel shall be provided with not less than one means to notify the fire department of a fire or other emergency. If there are more than one individua l assigned fire watch duties, they shall have the ability to promptly communicate with each other. 401.10.3 Duties. Fire watch personnel shall fulfill the following duties: 1. The primary duty of fire watch personnel shall be to perform constant patrol in order to watch for fires and other emergency situations , and to make proper notification thereof. 2. Fire watch personnel shall also be looking for obstructed exits and any other hazards. Fire watch personnel shall make the proper notifications necessary in order to remediate any such hazards. Fire watch personnel shall not become involved to the extent that their abi lity to fulfill their primary patrol and notification duties is delayed or otherwise impaired. 3. If an emergency s it uation is encountered, fire watch personnel shal l: 3.1. Contact the fire department or other appropriate service. 3.2. Ensure the notification of occupants to take appropriate action. Such action may include evacuation of the building, or in certain situations, shelter in place HOA.102712621 3 85 6.1.c Packet Pg. 265 (also known as "lockdown "). If unsure, fire watch personnel shall seek the direction of emergency services. 3.3. Take any other prompt action, in which they are qualified, to mitigate the emergency. 401.10.4 Route of inspection. Fire watch personnel shall deve lop a written route of inspection through the required fire-watch area. This written route shall be available at all times for inspection and appro val by the fire code official. 401.10.5 Log and frequency. The entire fire watch area shall be patrolled once each hour, or at more f requent intervals when directed by the fire code official. An activity log of time and locations of inspection shall be created and maintained. This log shall be available at all times for inspection and approval by the fire code officia l. 401.10.6 Training. Fire watch personnel shall have been provided training in the following: 1. Procedures for contacting the fire department in the case of an emergency. 2. The use of fire extinguishers and other available manual firefighting equipment. 3. Methods of notifying and evacuating people from the building or premises . HOA102712621.3 86 6.1.c Packet Pg. 266 SECTON 145. 402 .1 Section 402.1 is hereby amended to read as follows: Definitions. The following terms are defined in Chapter 2: CROWD MANAGER. EMERGENCY EVACUATION DRILL FIRE WATCH. LOCKDOWN. SECTION 146. Section 403.8.3 is hereby amended to read as follows : 403.8 .3 Group 1-3 occupancies. Group 1-3 occupancies shall comply with Sections 403.8.3.1 through 403.8.3.4§.. SECTION 147. Section 403.8 .3.5 is hereby added to read as follows: 403.8.3.5 Emergency plan. Additional information provided in emergency plans shall include procedures for use of alarms, no t ification of occupants and emergency responders in the event of alarm system malfunctions , isolating the fire, evacuating each fire area and the building, and relocating non-ambulatory persons. Copies of the plan shall be given to all supervisory personnel, and a copy shall be available on the premises to all personnel at all times. SECTION 148. 403.12 Section 403.12 is hereby amended to read as follows: Special requirements for public safety. Special requirements for public sa fety shall be in accordance with Sections 403.12.1 through 403.12.3.J1. HOA.1 027 12621.3 87 6.1.c Packet Pg. 267 SECTION 149. Section 403.12.1 is hereby amended to read as fo ll ows: 403.12.1 Fire watch personnel. Where, i n the opinion of the fire code official , it is essential for publ ic safety in a place of assembly or any other place where people congregate, because of the number of persons, or the nature of the performance, exh i bition, display, contest or activity, the owner, agent or lessee shall provide one or more fire watch personnel, as requ ired and approved . Fire watch personne l shal l comply w ith Sections 403.12.1 .1-af\GJ. 403 .12.1.2J. and401.10. SECTION 150. Section 403 .12 .2 is hereby amended to read as follows : 403 .12.2 Public safety plan for gatherings. Where the fire code official determ i nes that an indoor or outdoor gathering of persons has an adverse impact on public safety through d imin ished access to bui ld ings , structures, fire hydrants and fire apparatus access roads or where such gatherings adversely affect public safety services of any ki nd, the fire code officia l shall have the authority to order the deve lopment of or prescribe a pub l ic safety plan that provides an approved level of public safety and addresses the follow i ng items: 1. Emergency vehicle ingress and egress. 2. Fire protection. 3. Emergency egress or escape routes. 4. Emergency medica l services The need for emergency medical services and personnel. 5. Public assembly areas. HOA.1 02712621.3 88 6.1.c Packet Pg. 268 6. The directing of both attendees and vehicles, including the parking of vehicles. 7 . Vendor and food concession distribution. 8. The need for the presence of law enforcement. 9 . The need for fire and emergency medical services personneiThe need for the presence of fire department personnel and/or fire safety officer(s). 10. The need for a weather monitoring person . 11. If attendance is greater than 5.000 people . the event shall be in accordance with Reference No . 842 of the County of Los Angeles Department of Health Services Prehosp ita l Care Manual; permit for mass-gathering event sha ll be requ ired as set forth in Section 105.6. SECTION 151. 403.12.3 Section 403.12.3 is hereby amended to read as follows: Crowd managers. Where faci lities or events involve a gathering of more than WG1 ,000 peop le, crowd managers shall be provided in accordance w ith Sections 403.12.3.1 through 403.12.3.d4 . SECTION 152. 403.12.3.4 Section 403.12.3.4 is hereby added to read as follows: Fire safety officers. When, in the opinion of the fire code official, it is necessary for the preservation of l ife or property, due to the ha zardous nature of an event, production , operation , or function, the fire code official shal l require the owner or lessee to employ o r cause the HOA.1 027126 2 1.3 89 6.1.c Packet Pg. 269 emp loyment of one o r more approved fire safety officers to be on duty at suc h place during the hazardous act ivity. SECTION 153. Sect ion 403.14 is hereby added to read as fo llows: 403.14 Ground seats. When more than 200 loose chairs are used in close proxim ity to, and in connection with, a public assemblage event, the c hairs shall be fastened together in groups of not less than three. Exceptions: 1. The bonding of chairs shall not be requ ired when tables are provided with the chairs for din i ng use or simi lar purposes. 2. The bonding of cha irs shall not be required when the placement and location of such chai rs wi l l not obstruct any required ex it, or any line of egress toward any required exit and will not constitute a fire hazard as approved by the fire code official. SECTION 154. 404.2.1 Section 404.2.1 is hereby amended to read as follo ws: Fire evacuation plans. Fire evacuation plans shall include the following: 1. Emergency egress or escape routes and whether evacuation of the bu il d i ng is to be complete by selected floors or areas on ly or with a defend-in-p lace response. For occupancies and bui ldings located in wildfire risk areas, the emergency egress and escape routes shall i nclude provisions for transporting employees and occupants to a location that is deemed reasonably safe from w ildland fire. HOA.102712621.3 90 6.1.c Packet Pg. 270 SECTION 155. 404.2.2 Section 404.2.2 is hereby amended to read as fo llows: Fire safety plans. Fire safety plans shall include the following: 4. Floor p lans identifying the locations of the fol lowing: 4.9. Fire alarm, control panel, and fire alarm annunciators and controls. 4.1 0. Location of limited access devices, including key boxes and key switches. SECTION 156. 404.2.2.1 Section 404.2.2.1 is hereby added to read as fo l lows: Implementation. In the event a fire is detected in a building or a fire alarm activates, the fire evacuation plan and fire safety plan shall both be implemented. SECTION 157. 405.1 Section 405.1 is hereby amended to read as follows: General. Emergency evacuation drills complying with Sections 405.2 through 405.910 shall be conducted not less than annually where fire safety and evacuation plans are required by Section 403 or where required by the fire code official. Drills shal l be designed in cooperation with the local authorities. HOA.1 02712621.3 91 6.1.c Packet Pg. 271 SECTION 158. 405.10 Section 405.10 is hereby added to read as follows: Fire drill. In accordance with Table 405.2 of this code, a fire drill shall be conducted by the fire safety director, or designee using the fire alarm system. SECTION 159. Section 502.1 is hereby amended to read as follows: 502.1 Definitions. The following terms are defined in Chapter 2. AREA OF FIREFIGHTING OPERATIONS. WATER UTILITY. WATER UTILITY SERVICE AREA. SECTION 160. 503.1.1 Section 503.1.1 is hereby amended to read as follows: 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 faci lity 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. HOA.1 027126 21.3 92 6.1.c Packet Pg. 272 Exceptions: 1. The fire code officia l is authorized to increase the dimension of 150 feet (45,720 mm) where any of the following conditions occur: 1.1. 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. 1.2. Fire apparatus access roads cannot be installed because of locatio n on property, topography, waterways, nonnegotiable grades or other similar conditions, and an approved alternative means of fire protection is provided. 1.3. There are not more than two Group R-3 or Group U occupancies. 2. Where approved by the fire code offic ial, fire apparatus access roads sha ll be permitted to be exempted or modified for solar photovoltaic power generation faci lities and a stand-alone battery energy storage structure. 3. Exterior wal ls of interior courts that are enclosed on all sid es. SECTION 161. 503.1.2 Section 503.1.2 is hereby amended to read as fo llows: Additional access. The fire code official is authorized to require more than one fire apparatus access road based on the potentia l for impairment of a sin gle road by veh ic le congestion, condition of terrain , climatic conditions or other factors that cou ld limit access. Such additional access must also comp ly wi th Title 21 of the Los Angeles County Code . HOA.1 02712621.3 93 6.1.c Packet Pg. 273 SECTION 162. 503.2 Section 503.2 is hereby amended to read as follows : Specifications. Fire apparatus access roads shall be installed and arranged in accordance with Sections 503.2 .1 through 503.2.82. SECTION 163. Section 503 .2 .1 is hereby amended to read as follows: 503.2.1 Dimensions. Fire apparatus access roads shall have an unobstructed width of not less than 2 0 feet (6,096 mm), exclusive of shoulders , ex cept as specified in Sections 503.2.1 .1 through 503.2.1.2.2.2 , and for approved security gates in accordance with Section 503.6,.:. aA€1-Fire apparatus access roads shall have an unobstructed vertical clearance of not less than 13 feet 6 inches (4115 mm)clear to the sky. Exception : A minimum vertical clearance of 13 feet 6 inches ( 4 ,114.8 mm) may be allowed for protected tree species adjacent to access roads. Any applicable tree-trimming permit from the appropriate agency is required . SECTION 164. 503.2.1.1 Section 503.2.1.1 is hereby added to read as follows: S ing le-lot single-family residential dwellings. Private on-site fire apparatus access roads serving a single-lot single-family residence may be reduced to a minimum width of not less than 15 feet (6 ,096 mm), exclusive of shoulders, when approved by the fire code official. H OA.102712621.3 9 4 6.1.c Packet Pg. 274 SECTION 165. 503.2.1.2 developments. Section 503.2.1.2 is hereby added to read as fol lows: Commercial, industrial, and multifamily-residential Fire apparatus access roads for commercial, industrial, and mu ltifamily- res idential developments shall be instal led and arranged in accordance w ith Sections 503.2; 1.2.1 thro ugh 503.2.1.2 .2.2. For purposes of this section, the highest roof surface shall be determined by measurement of the vertical distance between t he access roadway a nd the eave of a p itched roof, the intersect ion of the roof to the exterior wa l l, or the top of parapet walls, whichever is greater. SECTION 166. 503.2.1.2.1 Section 503 .2.1.2.1 is hereby added to read as fo llows: Where the highest roof surface does not exceed 30 feet. For buildings where the vertical d istance between the access roadway and the highest roof surface does not exceed 30 feet (9, 144 mm), fire apparatus access roads shall have an unobstructed width of not less than 26 feet (7,925 mm), exclusive of shou lders, and an unobstructed clearance of clear to the sky. Exception: The 26-foot (7,925-mm) width may be reduced to not less than 20 feet (6,096 mm), when approved by the fire code official. This exception shal l not be applied for a distance of 25 feet (7,620 mm) on either side of a hydrant. SECTION 167. Section 503.2.1.2.2 is hereby added to read as fo llows: 503.2.1.2.2 Where the highest roof surface exceeds 30 feet. For buildings where the vertical distance between the access roadway and the highest roof surface exceeds 30 feet (9 , 144 mm), an approved fire apparatus access HOA.1 0271 26 21.3 95 6.1.c Packet Pg. 275 roadway w ith a minimum width of 28 feet (8,535 mm), exclusive of shoulders, shall be provided in the immediate vicinity of the building or portion thereof. T his roadway shall have an unobstructed clearance of clear to the sky. Exception: The 28-foot (8,535-mm) width may be redu ced to not less than 20 feet (6,096 mm), when approved by the fire code official. This exception shall not be applied for a distance of 25 feet (7,620 mm) on either side of a hydrant. SECTION 168. Section 503.2 .1 .2 .2 .1 is hereby added to read as follows: 503.2.1.2.2.1 Proximity to Building. At least one required access route meeting this condition shall be located such that the edge of the fire apparatus access roadway, not including shoulders, that is closest to the building being served, is between 10 feet (254 mm) and 30 feet (9,144 mm) from the building, as determined by the fire code official , and shall be positioned parallel to one entire side of the building. The side of the building on which the fire apparatus access road is positioned shall be approved by the fire code official. Exception: When approved by the fire code official, the required setback may be modified for residential and mixed-use residential developments less than five stories in height when addi tional fire protection measures are provided. SECTION 169. 503 .2.1.2.2 .2 Section 503.2.1.2.2.2 is hereby added to read as follows: Obstructions. Overhead utility and power lines shall not be located over the fire apparatus access road or between the fire apparatus road and the building. Other obstructions shal l be permitted to be placed with the approval of the fire code official. HO A.102712 621 .3 96 6.1.c Packet Pg. 276 SECTION 170 . 503.2.2.1 Section 503.2.2.1 is hereby added to read as fol lows: Dimensions maintained. The dime nsions of approved fire apparatus roads shal l be maintained as originally approved by the fire code offic ia l. SECTION 17 1. 503.2.3 Section 503.2.3 is hereby amended to read as follows : Surface . Fire apparatus access roads sha ll be designed and maintained to support the imposed loads of fire apparatus and sha ll be surfaced so as to provide all weather drivin g capabili t ies . Fac ili ties, buildings or portions of bu il dings herea ft er constructed shall be accessible to fire department apparatus by way of an approved fire apparatus access road that is designed and maintained wi th an asphalt, concrete or ot her approved driving surface capab le of supporting the imposed load of fire apparatus we ighing at least 75,000 pounds (34,050 kg). Exception: For single-lot single-fami ly resident ia l deve lopmen ts, the fi re apparatus access ro ad mu st be capable of s upporting the imposed load of fire appa ratu s we ighing at lea st 50,000 pounds (22,700 kg ). SECTION 172. 503.2.4 Section 503.2.4 is hereby a me nd ed to read as fo llows : Turning radius. The required turning radius of a fire apparatus access road shall be determined by the fire code official. The m i nimum turning radi us sha ll be not less t han 32 feet (9,754 mm) meas ured at the cente rl ine of the required access roadway. HOA.1 02712621.3 97 6.1.c Packet Pg. 277 SECTION 173. 503.2.5 Section 503.2.5 is hereby amended to read as fo ll ows : Dead -ends. Dead end fire apparatus access roads in excess of 150 feet (45720 mm) in length shall be provided with an approved area for turning around fire apparatus.Dead- end fire apparatus access roads in excess of 150 feet ( 45,720 mm) shall be provided with an approved turnaround. See Figure 503.2.5(1) and 503.2.5(2). The turnaround shall be oriented on the access roadway in the proper direction of travel. Exceptions: 1. Dead -end fire apparatus access roads serving other than single-fami ly dwellings, that are a minimum of 20 feet (6,096 mm) i n w idth and that are straight and flat, may be extended to between 151 feet (46,025 mm) and 300 feet (91 ,440 mm) in length without requiring a turnaround, when approved by the fire code official. 2 . Dead-end fire apparatus access roads serving single-lot s i ng le-family dwellings, that are a minimum of 15 feet (6,096 mm) in width and that are straight and flat, may be extended to between 151 feet (46,025 mm) and 300 feet (91 ,440 mm) in length without requiring a turnaround, when approved by the fire code official. HOA.1 02712621.3 98 6.1.c Packet Pg. 278 SECTION 174. Figure 503.2.5(1) is hereby added as follows: FIGURE 503.2.5(1) FIRE APPARATUS TURNAROUND STANDARD-PUMPER HOA.102712621.3 ~ ................... 35'--···----i0 •... 35' ······· .......... ! ! --, 1-.. 10·--: I 1-1o·1_ ......... 1~ .___, ... -,-I .., ---y ~~~ i l l/ FIGURE -----26'~---- A i ... . .... p. ................ . HAMMER-HEAD TURN-AROUND PRIVATE ST. (CUL-DE-SAC) * MAY BE REDUCED TO 20' FOR SINGLE FAMILY RESIDENCES 99 -. ~-: "'-21 .. _ io T'" t> ....--_;.."' ....LJ i I I I f-"'1 I 1 ~ .. ~ '"':I I FIGURE i B ---'-~ . INTERMEDIATE TURN-AROUND 6.1.c Packet Pg. 279 SECTION 175. Figure 503.2.5(2) is hereby added as follows: FIGURE 503.2.5(2) FIRE APPARATUS TURNAROUND STANDARD-AERIAL APPARATUS '------·-·-------------4 1 0' .. ··--·------·--·----·--" ---· ···-----;;!------..... T i:; l FIGURE A .. 28' --- Minimum ···---· ---· 35' ·-·----------f ~ [3 .1 FIGURE c ·-·--I--- HAMMER-HEAD TURN-AROUND COMMERCIAL, INDUSTRIAL OR MULTIPLE RESIDENTIAL (CUL·DE·SAC) FIGURE B r::o~~:.- I it> "' I -· 28' Mini mum tf- I NTERMEDIATE TURN-AROUND SECTION 176. Section 503.2 . 7 is hereby amended to read as fol lo ws: 503 .2.7 Grade. The grade of the fire apparatus access road shal l be within the limits established by the fire code offic ial based on the fire department's apparatus. Fire apparatus access roads sha ll not exceed 15 percent in grade. Exception: For a fire apparatus access road serving no more than two single- family dwellings, grades shall not exceed 20 perce nt when approved by the fire code HOA.102712621.3 100 6.1.c Packet Pg. 280 official. Grades between 15.1 percent and 20 percent shall not exceed a ma x imum cumulative total of 500 feet (152.4 m) as measured over the entire length of the access roadway. SECTION 177. Section 503.2 .9 is hereby added to read as follows: 503.2.9 Area of firefighting operations. The area of firefighting operations shall not be located underneath high-voltage transmission lines . SECTION 178. Section 503.3 is hereby amended to read as follows: 503.3 Marking and signage. Where required by the fire code official, approved signs or other approved notices or markings that in clude the words NO PARKING-FIRE LANE shall be provided for fire apparatus access roads to identify such roads , to clearly indicate the access to such roads, or !Q_prohib it the obstruction thereof. The means by which fire lanes are d es ignated shall be maintained in a c lean an d legible cond it ion at all times and be replaced or repaired when necessary to provide adeq uate visibi lity . A no- parking designation shall meet the requirements of Cal iforni a Vehicle Code Section 22500.1 and be approved by the f ire code official. Signs shall have a minimum dimension of 12 inches (305 mm) wide by 18 inches (457 mm) high and have red lette rs on a whit e refl ective background. Signs shal l be posted on one or both sides of the fire apparatus road as required . HOA.1 02 71 26 2 1 .3 101 6.1.c Packet Pg. 281 SECTION 179. 503 .3.1 Section 503 .3.1 is hereby added to read as follows: Marking overhead high-voltage transmission lines. When required by the fire code official, fire apparatus access roads and structures located near high-voltage transmission lines shall be posted with signs , approved by the fire code official , that include the words "CAUTION OVERHEAD HIGH-VOLTAGE TRANSMISSION LINES." SECTION 180. Section 503.4 is hereby amended to read as follows: 503.4 Obstruction of fire apparatus access roads. Fire apparatus access roads shall not be obstructed in any manner, inc luding_Qy the parking of vehicles or the use of traffic ca lming devices, in cluding but not li mited to, speed bumps or speed humps . The minimum widths and clearances established in Section~ 503.2.1 and 503 .2.2 shall be maintained at all times. SECTION 181 . 503.4.1 Section 503.4.1 is hereby amended to read as follows: Traffic calming devices. Traffic calming devices , including but not limited to. speed bumps and speed humps, shal l be prohibited unless approved by the fire code officia l. SEC T ION 182. 503.5 .1 Section 503.5.1 is hereby amended to read as follows : Secured gates and barricades. Where required , gates and barricades shall be secured in an ap p ro ved manner. Roads, tra il s and other accessways that have been c losed and obstructed in the manner prescribed by Section 503.5 shall not be trespassed on or used unless authorized by the ow ner and the fire cod e offi c ia l. Also see Section 506. HOA.1 0271262 1.3 102 6.1.c Packet Pg. 282 Exception: The restriction on use shall not apply to pub li c officers acting within the scope of duty. SECTION 183. Section 503.6 is hereby amended to read as fol lows: 503.6 Security gGates. The installation of security gates across a fire apparatus access road shall be approved by the fire code official. Where security gates are installed, the y shall have an approved means of emergency operation. The security gates and the emergency operation shall be maintained operational at all times. Electric gate operators, where provided, shall be listed in accordance with UL 325. Gates intended for automatic operation shall . be designed, constructed and installed to comply with the requirements of ASTM F2200. Gates securing the fire apparatus access roads sha ll comply with all of the following criteria: 1. Where a single gate is provided, the gate width sha ll not be less than 20 feet (6,096 mm), except on a fire apparatus access roadway approved to be a lesser width, in which case the gate shall not restrict that wid th. Where a fire apparatus road consists of a divided roadway, the gate width shall be not less than 15 feet (4,572 mm) for residentia l use and 20 feet (6.096 mm) for commercial /industrial uses . 2. Gates shall be of the swinging or s li ding typ e. 3. Construction of gates shall be of materials that allow manual ope rati on by one person. HOA.1 02712621.3 103 6.1.c Packet Pg. 283 4. Gate components shall be maintained in an operative condition at all times and replaced or repaired when defective. 5. Electric gates shal l be eq ui pped with a means of ope ning the gate by fire department personnel for emergency access. Emergency opening devices shall be approved by the fire code official. 6. Methods of locking sha ll be submitted for approva l by the fire code official. 7. Electric gate operators, where provided, shal l be listed in accordance with UL 325. 8. Gates intended for a utomatic operation sha ll be designed, constructed, and in sta ll ed to comp ly with the requirements of ASTM F2200. SECTION 184. Section 503.7 is hereby added to read as follows: 503.7 Fire apparatus access roads in recreational vehicle, mobilehome, and manufactured housing sales lots and storage lots. Recreational veh icle, mobilehome, and manufactured housing sales lots and storage lots shall provide and ma intain fire apparatus access roads in accordance with Section 503. 503.7.1 Fire apparatus access roads in mobilehome parks and special occupancy parks . The e nforc i ng agency for California Code of Regulations, Titl e 25, Di visi on 1, Chapters 2 and 2.2 s ha ll have authority for approva l of roadways in mobi lehome pa rks and special occupancy parks. Mobilehome parks roadway requirements are found in California Code of Regu lations, Title 25, Division 1, Chapter 2, Artic le 2, Section 1106, HOA.10271 262 1.3 104 6.1.c Packet Pg. 284 and roadway requirements for special occupa ncy parks are found in Titl e 25 , Division 1, Chapter 2.2, Article 2, Section 2106. SECTION 185. Section 504.1 is hereby amended to read as follows: 504.1 Required access. Exterior doors and openings required by this code or the California Building Code shall be maintained readily accessible for emergency access by the Fire Department. An approved access walkway leading from fire apparatus access roads to exterior openings shall be provided where required by the fire code official. Exception: Single-family dwellings with slopes exceeding 3:1 ratio. SECTION 186 . Section 504.5 is hereby added to read as follows: 504.5 Rooftop barriers and parapets. No person shall install any security barrier, visual barrier screen, or other obstruction on the roof of any building in such a manner as to obstruct firefighter ingress or egress in the eve nt of fire or other eme rg ency. Parapets shall not exceed 36 inches (914.4 mm) on at le ast two sides of the building. These sides should face an access roadway or yard sufficient to accommodate ladder operations. Exception: A platform/catwalk system as approved by th e fi re code offic ial. SECTION 187. Section 505.1.1 is hereby added to read as fol lows: 505.1.1 Multiple residential and commercial units. Mult iple residential and commercia l units having entrance doors not visible from the street or road shall have, in add iti on to the requirements of Section 505.1 above, approved numbers grouped for a ll units within each structure and positioned to be HOA.10271262 1.3 105 6.1.c Packet Pg. 285 plainly visible from the street or road. Said numbers may be grouped on the wall of the structure or on a mounting post independent of the structure. SECT ION 188. Section 506.1 is hereby amended to read as follows : 506.1 Where required . Where access to or within a structure or an area is restricted because of secured openings or where immediate access is necessary for life-saving or fire-fighting purposes , the fire code official is authorized to require a key box to be installed in an approved location. The key box shall be of an approved type listed in accordance with UL 1037, and shall contain keys to gain necessary access as required by the fire code official. Exception: A key box is not required for access to the interior of a sleeping unit or dwelling unit. SECTION 189. 507.1 .1 Section 507.1.1 is hereby added to read as follows : Water certificate. Except as otherwise provided by this section , every application for a building permit shall be accompanied by: 1 . Evidence indicating to the fire code official that the proposed structure will be provided with a reliable water supply . The fire code official may accept as sufficient evidence a certificate from a water utility that it can supply water to the proposed structure in compliance with Title 20 of the Los Angeles County Cod e, except that if the fire code official knows that such water utility cannot so supply water, the fire code official may reject such certificate; o r HOA.1 027 1262 1.3 106 6.1.c Packet Pg. 286 2. A certificate from the Fire Department that there exists, or is under construction , a private water supply which, in the fire code official's opinion, is adeq uate for fire protection. Exception: A certificate is not required for new or existing U occupancies with less than 1,000 square feet of aggregate floor area. SECTION 190 . 507.2 Section 507.2 is hereby amended to read as follows: Type of water supply. A water supply shall consist of reservoirs , pressure tanks , elevated tanks , water ma i ns or other fixed systems capable of reliably providing the required fire flow. Facilities, buildings, or portions of buildings that are hereafter constructed or moved into or with i n the jurisdiction that are located within a water district's or water utility's service area and that can receive a fire-flow certificate upon satisfactory completion of facilities improvements from the applicab le water district or water utility shall obtain their required fire flow from that water district's or water utility's system . SECTION 191. Section 507.2.2 is hereby amended to read as follows: 507.2.2 Water tanks. Water tanks, and associated structures and piping, for private fire protection shall be installed and maintained in accordance with NFPA 22, and as specified by the fire code official. HOA.1027 12621.3 107 6.1.c Packet Pg. 287 SECTION 192. 507.3.1 Section 507.3.1 is hereby added to read as follows : Fire protection water supplies in sales or storage lots of recreational vehicles, mobilehomes, or manufactured housing, or in mobilehome parks or special occupancy parks. New, or additions to existing, sales or storage lots of recreational vehicles, mobi lehomes, or manufactured housing, mobilehome parks, and special occupancy parks , shall be provided with an approved fire protection water supp ly in accordance with Sectio n 507. Exception: Specia l occupancy parks located in re mote areas shal l have a fi re protection water su pp ly as required by t he f ire code offi c ia l , which shal l not be less tha n the requirements of the Ca lifornia Code of Regu lations, Title 25, Division 1, Chapter 2.2, Special Occupancy Parks, Article 6, Section 2300 , et seq. SECTION 193. 507.4.1 Section 507.4.1 is hereby added to read as follows: Private fire hydrant test and certification in mobilehome parks and special occupancy parks. Private fi re hydrants i n mob i lehome parks and special occupancy pa rks shall be tested and certified as required by Cal ifornia Code of Regulat ions, Ti t le 25, Division 1, Chapter 2 , Article 6, Section 1317 for mobilehome parks and Division 1, Chapter 2.2, Article 6 , Section 2317 for specia l occupancy parks. Certification of such tests shall be completed by the local water supplier, a licensed C-16 fire protection contractor, or a licensed fire protection engineer as required by said Title 25. HOA.102712621.3 108 6.1.c Packet Pg. 288 SECTION 194. Section 507.5 .1.2 is hereby added to read as follows: 507.5.1.2 Pool draft system in fire hazard severity zones . New swimming pools and spas, 5,000 gallon (18,925 L) or greater capacity, constructed or installed in a fire hazard severity zone shall have a dra in and discharge line connected to a draft hydrant in accordance with the Los Angeles County Plumbing Code , Title 28. Exceptions: 1. Swimming pools constructed or installed with the bottom of the pool more than 15 feet below the proposed draft hydrant connection elevation, measured vertically, need not be provided with a draft hydrant system. 2. Properties that have a properly spaced fire hydrant capable of flowing a minimum of 1,2 50 Gallons per Minute (GPM) (15, 141.6 Lim in) for one hour , may be exempted. SECTION 195. 507 .5.5 Section 507.5.5 is hereby amended to read as follows: Clear space around hydrants. A 3-foot (914:mm) clear space shall be maintained around the circumference of fire hydrants except as otherwise required or approved . Vehicles parking near fire hydrants must also comply with California Vehicle Code Section 22514 . HOA.1 02712621.3 109 6.1.c Packet Pg. 289 SECTION 196. 507.5.7 Section 507.5.7 is hereby added to read as follows: Firefighting water source marker. When required by the fire code official, a fire hydrant and other firefighting water source shall be identified by the installation of a blue raised reflective pavement marker or identified by other approved means. SECTION 197. Section 507.5.8 is hereby added to read as follows: 507.5.8 Private fire hydrant identification. A private service fire hydrant shall be painted red in color. The valve stem, . coupling threads, or portions of the hydrant where the application of paint would violate the listing of the hydrant or hinder its operation shall not be painted. SECTION 198. Section 507.5 .9 is hereby added to read as follows: 507.5.9 Private fire hydrant caps or plugs. A private service fire hydrant hose coupling shall be provided with a protective thread cap or plug. Missing or damaged caps or plugs shall be replaced . SECTION 199. Section 507.5.10 is hereby added to read as follows: 507.5 .10 Draft system identification sign . New or existing swimming pools and spas constructed or lo cated in a fire hazard severity zone with a capacity of 5 ,000 gallons (1 ,892 . 71 L) or more eq uipped with draft hydrants shall be identified with a permanent sign. The sign and its location shall be approved by the fire code official. HOA.102712621.3 110 6.1.c Packet Pg. 290 SECTION 200. Section 507.6 is hereby added to read as follows : 507.6 Aboveground water-control valves requirements. Aboveground water-control valves must comply with Section 901.6.4. SECTION 201. Section 510 .1 is hereby amended to read as fo llows: 510.1 Emergency responder radio coverage (ERRC) in new buildings. New buildings shall have approved radio coverage for emergency responders within the building based on the existing coverage levels of the public safety communication systems utilized by the jurisdiction, measured at the exterior of the building . This section shall not require improvement of the exist ing public safety communication systems. Exceptions: 1. Where approved by the building official and the fire code official, a wired communication system in accordance with Section 907.2.12 .2 shall be permitted to be installed or maintained instead of an approved radio coverage system of the Ca lifornia Fire Code is provided. 2. Where it is determined by the fire code official that the radio coverage system is not neededNew buildings that can demonstrate minimum radio coverage signal strength throughout the interior of the building. 3. In facilities where emergency responder radio coverage is required and such systems, components or equ i pment required could have a negative impact on the normal operations of that facility , the fire code official shall have the authority to accept an automatically activated emergency responder radio coverage system. HOA.1 02712621.3 111 6.1.c Packet Pg. 291 4 . One-and two-family dwellings and townhouses. SECTION 202. Section 510.2 is hereby amended to read as follows: 510.2 Emergency responder radio coverage in existing buildingsReserved. Existing buildings shall be provided with approved radio coverage f:or emergency responders as required in Chapter 11. SECTION 203. Section 510.4.1 is hereby amended to read as follows: 510.4.1 Eme rgency responder communication enhancement system signal strength. The building shall be considered to have acceptable emergency responder communications enhancement system coverage when signal strength measurements in 95 percent of all areas on each floor of the building, and 100 percent of critical-coverage ERRC areas as designated below, meet the signal strength requirements in Sections 51 0.4.1.1 through 51 0.4.1.3. Critical-coverage ERRC areas shall include the following: 1. At all fire alarm control panels . 2. At fire fighter's smoke control panels. 3. At the main electrical panel(s). 4. Throughout emergency and standby power rooms. 5. Throughout a fire command center complying with Section 508. 6 . Throughout interior exit stairways . 7. Throughout areas of refuge. 8 . Throughout fire pump rooms. HOA.102 71 262 1.3 112 6.1.c Packet Pg. 292 9. Throughout elevator machine rooms and elevator lobbies. 10. Throughout building lobbies. 11. Locations as determined by the fire code official. SECT ION 204. Section 51 0.4.1.1 is hereby amended to read as follows: 510.4.1 .1 Minimum signal strength into the bui lding. The minimum inbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The inbound signal level shall be sufficient to provide not less than a Delivered Audio Quality (DAQ) of &.-G3.4 or an equivalent Signal-to-Interference-Plus-Noise Ratio (SINR) applicable to the technology for either analog or digital signals. SECTION 205. Section 51 0.4.1.2 is hereby amended to read as follows: 51 0.4.1 .2 M i nimum signal strength out of the bui ldin g . The minimum outbound signal strength shall be sufficient to provide usable voice communications throughout the coverage area as specified by the fire code official. The outbound signal level shall be sufficient to provide not less than a DAQ of &.-G3.4 or an equivalent SINR applicable to the technology for either analog or digital signals. SECTION 206. 5 10 .4.2 Section 510.4.2 is hereby amended to read as follows: Sys tem des ign . The emergency responder radio coverage system shall be designed in accordance with Sections 51 0.4.2.1 through 51 0.4.2.8--a-AGJ. NFPA 1221, and as determined by the fire code official. HOA .1 02712621 .3 113 6.1.c Packet Pg. 293 SECTION 207. 510.4.2.3 Section 51 0.4.2.3 is hereby amended to read as follows: Standby power. Emergency responder radio coverage systems sha ll be provided with ded icated standby batteries or provided with 2-hour standby batteries and connected to the facility generator power system in accordance w ith Section 1203. The standby power supply shall be capable of operating the emergency responder radio coverage system at 1 GO- percent system capacity for a duration of not less than ~24 hours. SECTION 208. Section 510 .5 is hereby amended to read as follows: 510.5 Ins t allation requ iremen ts. The installation of the public safety radio coverage system shall be in accordance with NFPA 1221-aMJ. Sections 510.5.1 through 51 0.5.4, and as determined by the fire code official. SECT ION 209. 510.5.3 Section 510 .5.3 is hereby amended to read as follows: Acceptance test proce dure . Where an emergency responder radio coverage system is required , and upon completion of installation, the building owner shall have the radio system tested to verify that two-way coverage on each floor of the building is not less than 95 percent, and 100 percent for critical-coverage ERRC areas as defined in 51 0.4.1. The test procedure shall be conducted as follows : 1. €For the 95-percent coverage test, each floor of the building shall be divided into a grid of 20 approximately equal test areas . For the critical-coverage- HO A.1 027 12621.3 11 4 6.1.c Packet Pg. 294 ERRC-areas coverage test. those areas shall be identified and shall require 1 GO- percent coverage. 2. The test shall be conducted using a calibrated portable radio of the latest brand and model used by the' agency talking through the agency's radio communications system or equipment approved by the fire code official. 3. Failure of more than one test area shall result in failure of the test. No failure of critical-coverage ERRC areas will be allowed. 4. ffiFor the 95-percent coverage requirement areas. in the event that two of the test areas fail the test, in order to be more statistically accurate, the floor shall be permitted to be divided into 40 equal test areas. Failure of not more than two nonadjacent test areas shall not result in failure of the test. If the system fails the 40- area test, the system shall be altered to meet the 95-percent coverage requirement. SECTION 210. Section 510.6.2 is hereby amended to read as follows: 510.6.2 Additional frequencies. The building owner shall modify or expand the emergency responder radio coverage system at his or her expense in the event frequency changes are required by the FCC-GF.1 other radio licensing authority, or fire code official, or additional frequencies are made available by the FCC or other radio licensing authority. Prior approval of a public safety radio coverage system on previous frequencies does not exempt this section. HOA.102712621 .3 115 6.1.c Packet Pg. 295 SECTION 211. 511 511.1 Section 511 is hereby added to read as follows: DESTRUCTION OF SIGNS Destruction of signs. No person shall mutilate or remove or destroy any sign or notice posted , or required to be posted, by the fire code official or a duly authorized representative . SECTION 212. Section 901.6 is hereby amended to read as follows: 901.6 Inspection, testing, and maintenance. Fire detection and alarm systems, emergency alarm systems, gas detection systems, fire-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. Fire protection system equipment, including initiating devices, alarm notification appliance s , and annunciators shall not be concealed from view, obstructed. or impaired in any manner. SECTION 213. 901.6.4 Section 901.6.4 is hereby added to read as follows: Aboveground water-control valves. 901.6.4.1 Aboveground water-control valve signs. Aboveground water-control valves us ed for water-based fire protection systems, including private fire hydrant systems , sh a ll have a permanent s ign identifying areas or system s controlled. Signs sh a ll be metal , pa inted white with re d lette rs a minimum of H OA.1 02 71 26 2 1.3 11 6 6.1.c Packet Pg. 296 one inch (25.4 mm) high with a 3/16-inch (4.8-mm) stroke, and shall be permanently banded to the valve or permanently affixed to a wall. Signs shall identify the systems or areas controlled by that valve. 90 1 .6 .4.2 Aboveground water-con tro l valve supervision . Aboveground water-control valves used for water-based fire protection systems, including private service mains and appurtenances, shall be mechanically supervised by locking the valve in the fully open position using a cable or chain and a non-case- hardened lock, or by other approved means, when the valve is not electrically supervised. Detachable wrenches for post-indicator valves shall be secured in place by the use of a non-case-hardened lock. 901.6 .4.3 Aboveground water-control valve identification. Aboveground water-control valves used for water-based fire protection systems, including valves that are part of private service mains and appurtenances, shall be painted red on any exposed surfaces subject to rust or corrosion. Valve stems, coupling threads , operating mechanisms, sight windows, components, or portions of the valve where the application of paint would violate the listing of the valve or hinder its operation shall not be painted. · 90 1 .6 .4.4 Cl ea r space aro und abovegroun d w ater-cont rol valves. A three-foot (914-mm) clear space shall be maintained around the circumference of aboveground water-control valves used for water-based fire protection systems , including private fire hydrant systems, except as otherwise required or approved . HOA.1 027 12621.3 117 6.1.c Packet Pg. 297 SECTION 214. Section 901.7 is amended to read as fol lows : 901.7 Systems out of service. Where a required fire protection system is out of service, the fire department and the fire code official shall be notified immediately and, w here required by the fire code official , the bu ilding shall be either evacuated or an approved fire watch shal l be provided for all occupants left unprotected by the shutdown until the fire protection system has been returned to service . Where uti lized, f ire watches sha ll be provided w ith not less than one approved means for notification of the f ire department and their only duty sha ll be to perform constant patrols of the protected premises and keep watch for fires. Also see Section 401.10 for f i re watch responsibi lities and procedures . SECTION 215. Section 901.7.4 is hereby amended to read as fo ll ows: 901.7.4 Preplanned impairment programs. Prep lanned impairments shall be authorized by the impairment coord inator . Before authorization is given, a designated individua l shall be responsib le for verifying that all of the following procedures have been implemented: 9. When alteration requires modification of a portion of a fire protection system, the remainder of the system sha ll be kept in service. 10. When it is necessary to take a fire protection system , or port ion thereof, out of service for repair, the repair shall be completed immediately and the system returned to full service. HOA.1 027 1262 1.3 118 6.1.c Packet Pg. 298 SECTION 216. Section 901 .8.2 is hereby amended to read as follows: 901.8.2 Removal of existing occupant-use hose lines. The fire code official is authorized to permit the removal of existing occupant-use hose lines where eetH.ill! of the follo w ing conditions exist: 1. The hose line would not be utilized by trained personnel or the fire department. 2. The remaining outlets are compatible with local fire department fittings. 3. The area is provided with an approved fire sprinkler system. SECTION 217. Section 902.1 is amended to read as follows: 902.1 Definitions. The following terms are defined in Chapter 2: FIRE SAFETY FUNCTIONS. FIRE WATCH. FIXED BASE OPERATOR (FBO). SECTION 218. 903.2.8 Section 903.2.8 is amended to read as follows: Group R. An automatic sprinkl er system installed in accordance with Section 903.3 shall be provided throughout all buildings with a Group R fire area. HOA.1 02712621.3 119 6.1.c Packet Pg. 299 Fire sprinkler systems shall be installed in mobilehomes, manufactured homes and multifamily manufactured homes with two dwelling units in accordance w ith Title 25 of the California Code of Regulations. Exceptions: SECTION 219. 903 .2.11 Section 903.2.11 is amended to read as follows: Specific buildings areas and hazards. In all occupancies other than Group U, an automatic sprinkler system shal l be insta lled for building design or hazards in the locations set forth in Sections 903 .2.11 .1 through 903.2.11.9I. SECTION 220. Section 903 .2.11.7 is added to read as fol lows: 903.2 .11.7 Occupancies in fire hazard severity zones and within the Malibu-Santa Monica Mountains or San Gabriel Southface Areas. An automat ic f i re sprinkler system shall be installed in every occupancy which is newly constructed or which is modified, reconstructed, or remodeled by adding 50 percent or more of the floor area of the existing occupancy, within any 12-month period, where the occupancy is located in a fire hazard severity zone and within the Mal i bu-Santa Monica Mountains or the San Gabriel Mountains Southface Areas, as defined in Appendix P. Exceptions: 1. Occupancies located in the San Gabriel Mountains Southface Areas and which are located three miles or less from the closest existing or planned Los Angeles HOA.102712621.3 120 6.1.c Packet Pg. 300 County Fire Station capable of supporting firefighting resources are exempt from the fire sprinkler requirement. Travel distances shall be measured by the most direct route on streets or roads accessible to fire department apparatus. 2. Occupancies modified, reconstructed , or remodeled by adding 50 percent or more of the floor area of the existing occupancy, where the total floor area of the occupancy after the modification , reconstruction, or remodel is less than 5,000 square feet ( 465 m2 ), are exempt from the fire sprinkler requirement. 3. Detached private garages, sheds, and agricultural buildings less than 200 square feet (19m2 ) in area and separated from other structures by a minimum of six feet (1829 mm), are exempt from the fire sprinkler requirement. 4. Detached gazebos , pergolas, and carports open on two or more sides, that are separated from other structures by a minimum of six feet (1 ,829 mm) are exempt from the fire sprinkler requirement. 5. Detached U occupancies, separated from other structures by a minimum of six feet (1829 mm), built entirely out of non-combustible materials , and with no combustible storage , are exempt from the fire sprinkler requirement. For the purposes of this subsection , "planned Los Angeles County Fire Station" means a fire station, approved by the Consolidated Fire Protection District of Los Angeles County that will be developed within five years from the date of building permit application for the subject development. The Board of Supervisors finds it necessary to impose these requirements upon th e issuance of a building permit because a failure to do so would place the residents of HO A.1 02712621 .3 121 6.1.c Packet Pg. 301 the subdivision or the immediate community, or both, in a condition perilous to their health or safety, or both. SECT ION 221. Section 904.3.5 is hereby amended to read as follows: 904.3.5 Monitoring. VVhereWhen a building fire alarm system or sprinkler monitoring system is installed, automatic fire-extinguishing systems shall be monitored by the building's fire alarm systemcontrol unit in accordance with NFPA 72. SECTION 222 . Section 905 .2.1 is hereby added to read as follows: 905.2.1 Class I standpipes-rating. Materials and devices shall be of sufficient strength to withstand not less than 200 pounds per square inch (1 ,379 kPa) of water pressure when ready for service. All Class I standpipes shall be tested hydrostatically to withstand not less than 200 pounds per square inch (1 ,379 kPa) of pressure for two hours, but in no case shall the pressure be less than 50 pounds per square inch (344.7 kPa) above the maximum working pressure. S E CTION 223 . Section 905.4 is hereby amended to read as follows: 9 05 .4 Locatio n of class I sta ndpipe hose connections. Class I standpipe hose connections shall be provided in all of the following locations: 1. In every required interior exit stairway, a hose connection shall be provided for each story above and below grade plane . Hose connections shall be located at the main floor landing unless otherwise approved by the fire code official. HO A.1 027 12 621.3 122 6.1.c Packet Pg. 302 See Section 909.20.2.3 of the California Building Code for additional provisions in smoke proof enclosures. Exception: A single hose connection shall be permitted to be installed in the open corridor or open breezevvay bet\veen open stairs that are not greater than 75 feet (22 860 mm) apart. SECTION 224. 905.4.3 Section 905.4.3 is hereby added to read as follows: Outlets. Each standpipe shall be equipped with an approved 2%-inch (63.5 mm) outlet not less than two feet (609.6 mm) or more than four feet (1 ,219.2 mm) above the floor leve l of each story. Standpipe outlets in stairway enclosures or smokeproof enclosures shall be located so that the exit doors do not interfere with the use of the outlet and located on the main stair landing. All outlets shall be equipped with an approved valve, cap, and chains . . SECTION 225. 905 .5 .3 Section 905 .5.3 is hereby amended to read as follows: Class II system 1%-inch hose. A minimum 1%-inch (~38.1-mm) hose shall be allowed to be used for hose stations in light-hazard occupancies where investigated and listed for this service and where approved by the fire code official. Class II interior wet standpipes shall be equipped with a 1%-inch (38 .1-mm) valve , no more than 100 feet (30.48 m) of lined hose, and an approved fog nozzle in each story, i nc luding the basement or cellar of the building , and located not less than three feet (914.4-mm) or more than five feet (1.52 m) HOA.1 02712621.3 123 6.1.c Packet Pg. 303 above the floor. Where combination standpipes are installed, the 1 'Y2-inch (38.1-mm) outlet system may be supplied from the combination system with a two-inch (50.8-mm) connecting line. SECTION 226. 905.6.1 Section 905 .6 .1 is hereby amended to read as follows: Protection. Risers and laterals of Class Ill standpipe systems shall be protected as required for Class I systems in accordance with Section 905.4.1. Exceptions: 1. In buildings equipped with an approved automatic sprinkler system, risers and laterals which are not located within an enclosed stairway or pressurized enclosure need not be enclosed within fire-resistive construction. 2. Laterals for Class II outlets on Class Ill systems need not be protected . SECTION 227. Section 905.6.1.1 is hereby added to read as follows: 905 .6.1.1 Size. Class Ill standpipe systems shall be not less than six inches (152.4 mm) in diameter. SECTION 228. 905.9 Section 905.9 is hereby amended to read as follows: R is er shutoff Vyalve supervision and drain. Each individual riser must be equipped with an indicating valve at its base and an approved valve for draining . Valves controlling water supplies shall be supervised in the open position so that a c hange in the normal position of the valve will generate a HOA.1 02712621.3 124 6.1.c Packet Pg. 304 supervisory signal at the supervising station required by Section 903.4. Where a fire alarm system is provided, a signal shall be transmitted to the contro.l unit. SECTION 229. Section 906.1 is hereby amended to read as follows : 906.1 Where required. Portable fire extinguishers shall be installed in the following locations. 1. In new and existing Group A, B, E, F , H , I, L , M , R-1 , R-2, R-2 .1, R-3 .1, R 4 , and S occupancies. Exception: ffiWhen approved by the fire code official for Group R-2 occupancies, portable fire extinguishers shall be required only in locations specified in Items 2 through 6 where each dwelling unit is provided with a portable fire extinguisher having a minimum rating of 1-A:1 0-B:C. SECTION 230. 910.2 Section 910.2 is hereby amended to read as follows: Where required. Smoke and heat vents or a mechanical smoke removal system shall be installed as required by Sections 910 .2.1 and 91 0.2.2. Exceptions: 1. Frozen food warehouses used solely for storage of Class I and II commodities where protected by an approved automatic sprinkler system. 2. Smoke and heat removal shall not be required in areas of buildings equipped with early suppression fast response (ESFR) sprinklers. HOA.1 02712621.3 125 6.1.c Packet Pg. 305 3. Smoke and heat removal shall not be required in areas of buildings equipped with control mode special application sprinklers 'Nith a response time index of 50 (m · s)m or less that are listed to control a fire in stored commodities with 12 or fewer sprinklers. SECTION 231. 910.2.3 Section 910.2.3 is hereby added to read as follows: Group S-2. Group S-2 buildings, and portions thereof, containing a total basement-area enclosed parking garage exceeding 12,000 square feet (1, 108 m2 ) shall require a mechanical smoke removal system installed in accordance with 91 0 .4 . SECTION 232. Section 910 .3 is hereby amended to read as follows : 910.3 Smoke and heat vents design and installa tion. The design and installation of smoke and heat vents shall be in accordance wi-tAas specified in Sections 910.3 .1 through 910.3.391 0.3 .5. SECT ION 233. Section 910.3.2 is hereby amended to read as follows: 910.3 .2 Smoke and heat ven t locat ions Ven t operat ion. Smoke and heat vents shall be located 20 feet (6096 mm) or more from adjacent lot lines and fire \valls and 10 feet (3048 mm) or more from fire barriers. Vents shall be uniformly located \Vithin the roof in the areas of the building 'Nhere the vents are required to be installed by Section 91 0.2, with consideration given to roof pitch, sprinkl e r location and structural members.Smoke and heat vents shall be designed to operate automatically, but also have the capability of being opened by an approved exterior HOA.1 027 12 62 1.3 126 6.1.c Packet Pg. 306 manual operation. Automatic operation of smoke and heat vents shall conform to the provisions of Sections 91 0.3.2.1 through 91 0.3 .2 .3 . SECT ION 234. Section 91 0.3.2.1 is hereby added to read as follows : 91 0.3.2 .1 Gravity-ope rated drop-out vents. Thermoplastic drop-out vents, designed to shrink and drop out of the vent opening when exposed to fire, shall fully open within five minutes after the vent cavity is exposed to an air temperature of 500°F (260 °C). SECTION 235. Section 910.3.2.2 is hereby added to read as follows: 9 10 .3 .2 .2 Sprinklered bu ildi ngs. Where installed in buildings provided with an approved automatic sprinkler system , smoke and heat vents shall be designed in accordance with Sections 91 0 .3.2.2.1 through 91 0.3.2.2.2. 9 10.3.2.2.1 Control mode sprinkler system . Smoke and heat vents installed in areas of buildings with a contro l mode sprinkler system shall have operating elements with a higher temperature classification than the automatic fire sprinklers in accordance with NFPA 13 . 91 0.3 .2.2.2 Ea rl y suppressio n fas t-response (ES FR) sp ri nkler system. Smoke and heat vents installed in areas of buildings with early suppression fast-response (ESFR) sprinklers shall be equipped with a standard -response operating mechanism with a minimum temperature rating of 360°F (182°C) or 1 00°F (56°C) above the operating temperature of the sprinklers , whichever is higher. HO A.1 027 12621 .3 127 6.1.c Packet Pg. 307 SECTION 236. 910 .3 .2 .3 Section 91 0.3.2.3 is hereby added to read as follows : Nonsprinklered buildings. Where installed in buildings not provided with a n approved automatic sprinkler syste m , smoke a nd heat vents sha ll operate by actuation of a hea t-responsive devi ce rated at between 1 OO oF (38°C) a nd 220°F (1 04°C) above ambient. Exception: Gravity-operated drop-out vents complying with Section 91 0.3 .2 .1 . SECTION 237 . Section 910.3.4 is hereby added to read as foll ows: 910.3.4 Vent locations . Smoke a nd heat vents shall be located 20 feet (6,096 mm ) or more from adjacent lot lines and fire walls and 10 feet (3,048 mm) or more from fire barriers. Vents shall be uniformly located within the roof in the areas of the b ui lding where the vents a re required to be in st a lled by Section 91 0.2, with consid eration given to roof pitch, sprinkler location , draft curta in s, and structura l members. SECTION 238. 910.3.5 S ect io n 910.3.5 is hereby added to read as follows: Vent dimensions. The effective venting a rea s hall not be less tha n 16 squa re feet (1.5 m 2 ) with no dimension less than four feet (1 ,2 19 mm), excluding ribs or gutters havi ng a t otal width not exceed in g six in c h es (152.4 mm). SECTION 239. Section 910.4.3 is hereby amend ed to read as follows: 910.4.3 System design criteria. The mechan ica l smoke removal system sha ll be sized to exhaust the bu ilding at a minim u m rate of two a i r c hanges per hour based on the volume of t he building or HOA.1 02712621.3 128 6.1.c Packet Pg. 308 portion thereof w ithout contents. Mechanical smoke removal systems provided for basement-level enclosed parki ng garages shal l be designed to provide a minimum of six co mplete air changes per hour. The capacity of each exhaust fan shall not exceed 30,000 cubic feet per minute (14 .2 m 3/s ). SECTION 240. Section 910.4.4 is hereby amended to read as follows: 910.4.4 Activation . The mechanical smoke removal system shall be activated by manual controls only. For basement-leve l enclosed parking garages , mechanical smoke removal systems shall be automatical ly activated by the automatic sprink ler system or by heat detectors having operating characteristics equ iva lent to those described in Section 910.3. Individua l manua l controls for each fan unit shall also be provided. SECTION 241. 912.1 Section 912.1 is hereby amended to read as fo llows: Installation. Fire department connections shall be installed in accordance with the NFPA standard applicable to the system design and shall comply with Sections 912.2 through 912.-7~. SECTION 242. 912.2 Section 912.2 is hereby amended to read as fo llows: Location. With respect to hydrants, driveways, bu il dings and la ndscaping, fire department connections shall be so located that fire apparatus and hose connected to supply the system will not obstruct a ccess to the buildings for othe r fire apparatus. The location of HOA.102 71 2621.3 129 6.1.c Packet Pg. 309 fire department connections shall be appro v ed by the fire code offi cial. More than one fire department connection may be required. SECTION 243. Section 912.2 .1 is hereby amend ed to re ad as fo llows: 912.2 .1 Visible location. Fire department connections shall be located on the street-address side of buildings, ef-fa cing approved fire apparatus access roads , w it hin 150 feet (vi a vehicular access) of an accessible public fire hydrant, and as close to the stre et curb face as possible , fully visible, and recognizable from the street, fire apparatus access road or nearest point of fire department vehicle access or as otherwise ap pro v ed by the fire code official. Fire department connections shall be located a minimum of 25 feet (7 ,6 20 mm) from the structure. When this distance cannot be achieved , a minimum t wo-hour. fire-resisti ve w all shall be provided for the structure with no o penings in the w all, for 25 feet (7 ,620 mm) in either direction from the fire department connect ion. The required fire-resistive construction and lack of openings shall extend for the full height of the wall or building as determined by the fire code official. The fire cod e official may allo w sufficiently protected overhead openings . Fire department connections shall be located not less than 24 i nches (60 9 .6 mm ) nor more than 42 inches (1 .066.8 mm) abo ve grade . HOA.102712621.3 130 6.1.c Packet Pg. 310 SECTION 244. 912.3 Section 912.3 is hereby amended to read as follows: Fire hose threads and appliance. Fire hose threads used in connection with standpipe systems shall be approved and shall be compatible with fire department hose threads. Standpipes shall be equipped with a listed four-way fire department connection. Systems with three or more standpipes shall be provided with a sufficient number of inlets as required by the fire code official. All fire department connections shall be equipped with an approved straight-way check valve. SECTION 245. 912.4.2 Section 912.4.2 is hereby amended to read as follows: Clear space around connections. A working space of not less than 36 in ches (914 mm) in width, 36 inches (914 mm) in depth and 78 inches (1 ,981 mm) in height sha ll be provided and maintained in front of and to the sides of wall-mounted fire department connections and around the circumference of free-standing f ire department connections, except as otherwise requ ired or approved by the fire code official. The protective requirements of Section 912.2.1 sha ll al so be met. SECTION 246. 912.5 Section 912.5 is hereby ame nd ed to read as .follows: Signs. A metal sign with raised letters at least 4-one inch (25 mm) in size sha ll be mounted on all fire department connections serving automatic sprinklers, standpipes or fire pump connections. Such signs shall read: :AUTOMATIC SPRINKLERS: or :sTANDPIPEs: or :rEST CONNECTION: or a combination thereof as applicab le. The HOA1 0271 262 1.3 131 6.1.c Packet Pg. 311 sign shall indicate the street addresses of buildings that the fire department connection serves. Where the fire department connection does not serve the entire building , a sign§ shall be provided indicating the portions of the building served. For a system where the required pumping pressure is greater than 150 psi, (1,034.21 kPa) the sign shall indicate the required pumping pressure. SECTlON 247. Section 912.8 is hereby added to read as follows: 912.8 Identification. Fire department connections shall be painted red on any exposed surfaces subject to rust or corrosion. Coupling thread s, operating mechanisms, sight windows, components, or portions of the valve where the application of paint would violate the listing of the valve or hinder its operation shall not be painted. SECTION 248. Section 912.9 is hereby added to read as follows: 912.9 Breakable caps or plugs. A fire hose coupling that is part of a fire department connection shall be provided with a protective breakable cap or plug. Missing or damaged breakable caps or plugs shall be rep laced. SECTION 249. 914.9.1 Section 914.9.1 is hereby added to read as follows: Spray booths. Spray booths shall be provided with automatic fire sprinkler system protection when the spray booth is located in a portion of a building that is protected with an automatic fire sprinkler system. HOA.1027126 2 1.3 132 6.1.c Packet Pg. 312 SECTION 250. Section 1009.9.1 is hereby added to read as follows: 1009.9.1 Sign age for high-rise buildings. Signs shall be posted in a conspicuous place on e very floor of the high-rise building and elsewhere as required by the Fire Department. Such signs shall include the heading: "IN CASE OF FIRE OR EMERGENCY DO NOT USE ELEVATORS" and give directions to all emergency fire exits from that floor. If fire safety refuge areas are provided on that floor, the signs shall give directions to that area. All such lettering shall be in letters at least one inch (25 mm) high and in contrasting color to the background. Exception: Occupant evacuation elevators installed in accordance with Section 403.6.2 of the Building Code. SECTION 251. Section 1206.1 is hereby amended to read as follows: 1206.1 Scope. The provisions in this section are applicable to energy storage systems designed to provide electrical power to a building or facility . These systems are used to provide standby or emergency power, an uninterruptable power suppl y, load shedding, load sharing or similar capabilities. Energy storage system in Group R-3 and R-4 occupancies shall be in accordance with 1206.2.1 and 1206.4. Approved signage is required for all installations. HOA.1 02712621.3 133 6.1.c Packet Pg. 313 SECTION 252. 1206.2 Section 1206.2 is hereby amended to read as follows : Stationary storage battery systems. Stationary storage battery systems having capacities exceeding the values shown in Table 1206.2 shall comply with Section 1206.2.1 through 1206.2..+~13 .6 , as applicable. Approved signage is required for all installations. SECTION 253. Section 1206.2.1 is hereby amended to read as follows: 1206.2.1 Permits. Permits shall be obtained for the installation and operation of stationary storage battery systems with a capacity of more than 3 kWh in accordance with Section 105.7~. Permits shall be obtained for the operation of stationary storage battery systems in accordance with Section 1 05.6. SECTION 254. Section 1206.2.3 is hereby amended to read as follows: 1206.2.3 Hazard mitigation analysis. A failure modes and effects analysis (FMEA) or other approved hazard mitigation analysis shall be provided in accordance with Section 104.7.2 under any of the fo llowing conditions: 1. Battery technologies not specifically identified in Table 1206.2 are provided. 2. More than one stationary storage battery techno logy is provided in a room or indoor area where there is a potential for adverse interaction between technologies. 3. Where allowed as a basis for increasing maximum allowable quantiti.es in accordance with Section 1206.2 .9 . HOA.10271 262 1.3 134 6.1.c Packet Pg. 314 4. When required by the fire code official. SECTION 255. 1206.2.3.1 Section 1206.2.3.1 is hereby amended to rea d as follows: Fault condition. The hazard mitigation ana lysis shall evaluate the consequences of the following fai lure modes, and others deemed necessary by the fire code offic ia l. On ly sing le- failure modes sha ll be co nsidered . 1. array. 2. 3. 4. 5. 6. 7. Thermal runaway condition in a s ing le-battery storage rack , module or Failure of any energy management system. Fai lu re of a ny requ ired ventilation system . Voltage surges on the primary e lectric supply. Short circuits on the lo ad side of the stationary battery storage system. Failure of the smoke detection , fire-extinguishing or gas detection system. Spill neutra li za tion not being provided or failure of the secondary containment system. 8. Fai lure of temperature control. SECTION 256. 1206.2.3.2 Section 1206.2.3.2 is hereby amended to read as follows: Analysis approval. The fire code official is a uthorized to approve the hazardous mitigation analysis provided that the hazard mitigation ana lysis demonstrates all of the following: HOA.1 02712621 .3 135 6.1.c Packet Pg. 315 1. Fires or explosions will be contained within unoccupied battery storage rooms for the minimum duration of the fire-resistance-rated walls identified in Table 509.1 of the California Building Code . 2 . Fires and explosions in battery cabinets in occupied work centers will be detected in t im e to allow occupants within the room to evacuate safely. 3. Toxic and highly toxic gases released during fires and other fault conditions shall not reach concentrations in excess of Immediately Dangerous to Life or Health (IDLH) levels in the building or adjacent means of egress routes during the time deemed necessary to evacuate from that area. 4. Flammable gases released from batteries during charging, discharging and normal operation sha ll not exceed 2-a-.1Q percent of their lower f lammabi lity limit (LFL). 5 . Flammable gases released from batteries during fire, overcharg in g and other abnormal condit ions shall not create an explosion hazard that will injure occupants or emergency responders . SECTION 257. Section 1206 .2.3.4 is hereby added to read as fo ll ows: 1206.2.3.4 Large-scale fire testing. Where required in Section 1206, large-scale fire testing shall be conducted on a representative stationary storage battery system in accordance with UL 9540A. .The testing shall be conducted or witnessed and reported by an approved testing laboratory. The test report shall be provided to the fire code official for review and approval in accordance with Section 104.7.2. HOA.102712621.3 13 6 6.1.c Packet Pg. 316 SECTION 258. 1206.2.3.5 Section 1206.2.3.5 is hereby added to read as follows : Fire remediation. Where a fire or other event has damaged a stationary storage battery system and ignition or re-ignition of the stationary storage battery system is possible , the fire code official may require the system owner, agent , or lessee , take actions , at his/her expense, to mitigate the hazard or remove the damaged equipment from the premises to a safe location . SECTION 259 . Section 1206.2.3.6 is hereby added to read as follows: 1206.2.3.6 Forensic analysis. The fire code official may also require a forensic analysis of the cause of failure by an independent laboratory approved by the fire code official in accordance w it h Section 1 04.1 0. A written report generated through the forensic analys is will be forwarded to the fire code officia l for approva l and record keep ing . SECTION 260. Section 1206.2.8.1 is hereby amended to read as fo ll ows: 1206.2.8.1 Location. Stationary storage battery systems shall not be located in areas where the floor is located more than 75 feet (22 860 mm) above the lowest level of fire department vehicle access , or where the floor level is more than 30 feet (9144 mm) below the finished floo r of the lowest level of exit discharge. Except ions : 1. Lead acid and nickel c admium stationary storage battery systems. HOA.1027 12621.3 137 6.1.c Packet Pg. 317 2. Installations on noncombustible rooftops of buildings exceeding 75 feet (22,860 mm) in height that do not obstruct fire department rooftop operations, where approved by the fire code official. 3. Where approved. installations shall be permitted in underground vaults complying with the Los Angeles County Electrical Code, Article 450, Part Ill , and no mo re than 30 feet (9 , 144 mm) below the finished floor of the lowest level of exit discharge. 4. Where approved by the fire code official, installations shall be permitted on floors no more than 30 feet (9. 144 mm) below the finished floor of the lowest level of exit discharge. SECTION 261. 1206.2.8.3 Section 1206.2.8.3 is hereby amended to read as follows : Stationary battery arrays. Storage batteries, prepackaged stationary storage battery systems and pre- engineered stationary storage battery systems shall be segregated into stationary battery arrays not exceeding 50 kWh (180 megajoules) each . Each stationary battery array shall be spaced not less than 3 feet (914 mm) from other stationary battery arrays and from walls in the storage room or area. The storage arrangements shall comply with Chapter 10. Exceptions: 1. Lead acid and nickel cadmium storage battery arrays. HOA.102712621.3 138 6.1.c Packet Pg. 318 2. Listed pre-engineered stationary storage battery systems and prepackaged stationary storage battery systems shall not exceed 250 kWh (900 megajoules) each7,where approved by the fire code official. 3. The fire code official is authorized to approve listed, pre-engineered and prepackaged battery arrays with larger capacities or smaller battery array spacing if large-scale fire and fault condition testing conducted or witnessed and reported by an approved testing laboratory is provided showing that a fire involving one array will not propagate to an adjacent array, and be contained within the room for a duration equal to the fire-resistance rating of the room separation specified in Table 509 of the California Building Code. SECTION 262. Section 1206.2.8.6 is hereby amended to read as follows: 1206.2.8.6 Signage. Approved permanent signs shall be provided on doors to , and/or in approved locations near entrances to stationary storage battery system rooms and, battery storage rooms, areas or walk-in units. Approved permanent signs shall also be ·provided on enclosures of battery storage cabinets located outdoors. on rooftops or in open parking garages. Signs designed to meet both the requirements of this section and the Los Angeles County Electrical Code shall be permitted. Signs shall be provided in approved quantity and dimensions and include the following or equivalent: 1. The room contains energized battery systems" Energy Storage System", "Battery Storage System", "Capacitor Energy Storage System", or the appropriate equiva lent. HOA.1 02 712621 .3 139 6.1.c Packet Pg. 319 2. The room contains energized electrical circuits"ENERGIZED ELECTRICAL CIRCUITS". 3. The additional markings required in Section 1206.2.12 for the types of storage batteries con tained within the room The identification of the electrochemical battery energy storage system technology present, e.g. "Lea d-Acid Batteries", "Nickel- Cadmium Batteries", "[specific type of lithium battery technology] Batteries". "[specific type of sodium battery technology] Batteries". "[specific type of flow battery technology] Batteries". etc. 4. If water reactive electrochemical battery energy storage system is present, the signage shall include "APPLY NO WATER". 5. Current contact information , including phone number, for personnel authorized to service the equipment and to provide fire mitigat ion emergency consultation. Exception: Existing stationary storage battery systems shall be permitted to include the signage required at the time it was installed. SECTION 263. Section 1206.2.8.6.1 is hereby amended to read as follows: 1206.2.8.6.1 Electrical disconnects. Where the stationary storage battery system disconnecting means is not within sight of the main service disconnecting means , placards or directories shall be insta lled at the locati on of the main service disconnecting means indicating the location of stationary storage battery system disconnecting means in accordance with the California Electrical Code. HOA.1 02712 62 1.3 140 6.1.c Packet Pg. 320 In add ition to any placard or d irectory, or content thereof, requ i red in acco rdance w ith the Los Angeles County and California Electrical Codes, an approved permanent p laque/di rectory shal l be installed at the location of t he m ain service discon necting means, and at any oth er location required by the fire code official. This plaque or directory shall be provided regardless of whether or not the energy storage system is considered connect ed to a utility service source or is a stand-alone system. The plaque/directory shall : 1. Denote all electrical power sources on or in t he prem i ses. 2. Indicate the location of stationary storage battery system d isconnecting means. SECTION 264. 1206.2.8.7 Section 1206.2.8 . 7 is hereby amended to read as follows: Outdoor installations. Stationary storage battery systems located outdoors shall comp ly with Sections 1206.2.8. 7 through 1206.2.8.7 .4 , Table 1206.2.8.7, in addition toand all appli cable requirements of Section 1206.2. Installations in outdoor enclosures or conta iners that can be occupied for servicing, testing, maintenance and othe r functions shall be t reate d as battery storage rooms. Remote outdoor installations include stationary battery systems located more than 100 feet (30,480 mm) from buildings , property lin es, publi c ways , stored co mbustible storage, ha zardous materia ls, high p iled stock and other exposure hazards. Installations near exposures in c lu de a ll outdoor station ary battery systems t hat are not more than 100 feet (30,480 mm) from bui ldings , property lines , public ways, HOA.102712621.3 141 6.1.c Packet Pg. 321 stored combustible storage , hazardous materials, high piled stock and other exposure hazards. Exception: Stationary battery arrays in noncombustib le containers shall not be required to be spaced 3 feet (914 mm) from the container walls. SECTION 265. Table 1206 .2.8.7 is hereby added to read as fo ll ows: TABLE 1206.2.8.7 OUTDOOR INSTALLATIONS Compliance Required Remote Installations Installations Near Exposures General Installation Requirements Yes Yes Size and separation No Yes a Smoke and automatic fire detection Yes Yes Fire suppression systems Yes b Yes Maximum enclosure size Yes Yes Vegetation control Yes Yes Means of egress separation Yes Yes Clearance to exposures Yes Yes Technology specific protection Yes Yes a. In outdoor walk-in units , spacing is not required between energy storage systems units and the walls of the enclosure. b. Where approved by the fire code official, fire suppression systems are permitted to be omitted. HOA.1027 1262 1.3 142 6.1.c Packet Pg. 322 SECTION 266. 1206.2.8. 7.1 Section 1206.2.8. 7.1 is hereby amended to read as follows : Separation. Stationary storage battery systems located outdoors shall be separated by a minimum ~10 feet (~3 .048 mm) from the following : 1. Lot lines. 2. Public ways. 3. Buildings. 4. Stored combustible materials. 5. Hazardous materials. 6. High-piled stock . 7. Other exposure hazards. Exception: The fire code official is authorized to approve smaller separation distances if large-scale fire and fault condition testing conducted or witnessed and reported by an approved testing laboratory is provided showing that a fire involving the system will not adversely impact occupant egress from adjacent buildings, or adversely impact adjacent stored materials or structures. SECTION 267. 1206.2.10 Section 1206.2.10 is hereby amended to read as follows: Storage batteries and equipment. The design and installation of storage batteries and related equipment shall comply with Sections 1206.2.10.1 through 1206.2.1 0.8 . Battery storage systems installations shall comply with the requirements of this section in accordance with the app licable requirements of Table 1206.2.1 0. HOA.1027 12621.3 143 6.1.c Packet Pg. 323 SECTION 268. Table 1206.2.10 is hereby added to read a s fo llows : TABLE 1206.2.10 BATTERY-TECHNOLOGY-SPECIFIC REQUIREMENTS Compliance Battery Technology Other Battery Sto rage Required b Systems and Battery Technologies b Lead-Ni-Cad & Lithium-Flo w acid Ni-MH ion Exhaust ventilation Yes Yes Yes Yes Yes Spill contro l and Yes c Yes c No Yes Yes neutralization Explosion co ntrol Yes a Yes a Yes Yes Yes Safety Caps Yes Yes No Yes Yes Thermal Runaway Yesd Yes Yese Yes Yes9 a. Not requ ired for lead-acid and nickel-cadm ium batter ies at fac ilities under the exc lusive control of communicat i ons utili ties tha t comply with NFPA 76 and operate at less than 50 VAC and 60 VDC . • b. Protection shall be provided un less documentation acceptable to the fire co de official is pro vided in accordance w ith Section 104.7.2 that provides justifica tion why the protection Is not necessary based on the technology used . c. Applicable to vented-(i.e. flooded-) type nickel-cadmium and lead-acid batteries. d. Not required for vented-(i.e. flooded-) type lead-acid batteries. e. The the rmal runaway protection is permitted to be part of a battery manageme nt system that has been evaluated with the battery as pa rt of the evaluation to UL 1973. HOA.1027 12621.3 144 6.1.c Packet Pg. 324 SECTION 269. Section 1206.2.10.3 is hereby amended to read as follows : 1206.2.10.3 Energy management system. An approved e nergy management syste m shall be provided f or battery t echn o logies other than lead-acid and nickel cad mium for monitoring and bal ancing ce ll vo ltages, currents a nd t empe ratures within t he manufacturer's specificat ions . The system shal l transmit an alarm signal to an ap pro ve d location and to an approved annunciator panel if poten ti ally hazardo us t em peratures or other conditions such as short circuits, over voltage o r under voltage are detected. SECTION 270. Section 1206 .2.1 0.3.1 is hereby a dded to read as follows: 1206.2.1 0.3.1 Annunciator panel. The approved a nnun ciator panel sha ll visib ly indi cate a ny hazardous temperature or oth er cond ition s. The lo cation of th e annun ciato r panel sha ll be approved by the fire code official. SECTION 27 1. 1206 .2.10 .6 Section 1206.2.1 0 .6 is hereby amended t o read as follows: Safety caps . V-Where required by T abl e 1206.2.1 0, ve nted batteries sha ll be provided with flame-arresting safety caps. SECTION 272. Section 12 06 .2.10 .7 is hereby ame nded to read as follows: 1206.2.10 .7 Thermal runaway. Where required by Section 1206 .2.12Tab le 1206 .2 .1 0 , storage batte ri es sha ll be provided with a li st ed device o r othe r approved method to preve nt, detect a nd co ntrol therma l runaway. HOA.1 027 1262 1.3 145 6.1.c Packet Pg. 325 SECTION 273. 1206.2.11 systems. Section 1206.2.11 is hereby amended to read as follows: Fire extinguishing protection and detectionlife safety Fire extinguishing protection and detectionlife safety systems shall be provided in accordance with Sections 1206.2.11.1 through 1206.2.11 .eZ. All alarm and supervisory signals from the fire protection and life safety systems shall be transmitted to a central station. proprietary or remote station service in accordance with NFPA 72, and to an approved annunciator panel. SECTION 274. .1206.2 .11 .1 Section 1206.2.11.1 is hereby amended to read as follows: Fire-extinguishing systems. Rooms and areas within buildings and walk-in units containing stationaryelectrochemical battery energy storage battery systems shall be equipped with an automatic sprinkler system installed in accordance with Section 903.3.1.1. Commodity classifications for specific technologies of storage batteries shall be in accordance with Chapter 5 of NFPA 13. If the storage battery types are not addressed in Chapter 5 of NFPA 13 , the fire code official is authorized to approve the fire- extinguishing system based on full-scale fire and fault condition testing conducted or witnessed and reported by an approved laboratory. Exception: Spaces or areas containing stationary storage battery systems used exclusively for telecommunications equipment in accordance with Section 903.2 . HOA .1 027 1262 1.3 146 6.1.c Packet Pg. 326 SECTION 275. Section 1206.2.11.1.1 is hereby amended to read as follows: 1206.2.11.1.1 Alternative f.Eire-extinguishing systems . Battery systems that utilize 'tvater reactive materials shall be protected by an approved alternative automatic f ire exti ngui sh ing system in accordance with Section 904. The system shall be listed for protecting the type, arrangement and quantities of storage batteries in the room. The fire code official shall be permitted to approve the alternative fire extinguishing system based on full scale fire and fault cond iti on testing conducted or vvi tnessed and reported by an approved laboratory. R ooms and a reas within buildings and walk-in units containing e lectro c hemical battery energy storage systems shall be protected by an automatic fire suppression syst em designed and in st a ll ed in accord a nce with th e most stri nge nt of t he f o ll owi ng : 1. An a utom atic sprinkler system designed and in st a ll ed in accord a nce with Section 903.3 .1 .1 , with a minimum density of 0.6 gpm/ft2 , based on the fire area or a design area of 2 .500 square feet (232-m2 ), whichever is smaller. 2. Where approved, a n a utomatic sprinkler system d esigned a nd in stalled in acco rdance with Secti o n 903.3.1.1, with a spri nkl er h azard c lassifi cation based o n large-scale fire testing. 3 . An a lt ernative automati c fire-extinguishing syste m designed and in sta ll ed in accordance with Section 9 04 , provided th e installation is approved by the fire cod e offici a l based on la rg e-scale fire testing. H OA.1 027 1262 1.3 147 6.1.c Packet Pg. 327 Exception: Fire suppression systems for lead-acid and nickel-cadmium battery systems at facilities under the exclusive control of communications utilities that operate at less than 50 VAC and 60 VDC sha ll be provided where required by NFPA 76. SECTION 276. Section 1206.2.11.1.2 is hereby added to read as follows: 1206.2.11.1.2 Fire department connections. Fire department connections shall be installed in an approved locat ion. SECTION 277. Section 1206.2.11.1.3 is hereby added to read as follows: 1206.2.11.1 .3 Hydrants. Fire hydrants shall be installed and maintained in accordance w ith Chapter 5 and Chapter 9. SECTION 278 . Section 1206.2.11.1.4 is hereby added to read as follows : 1206.2.11.1.4 Alternative fire-extinguishing systems. Battery systems that utilize water-reactive materials shall be protected by an approved alternative automatic fire-extinguishing system in accordance with Section 904. The system shall be listed for protecting the t ype , arrangement and quantities of storage batteries in the room. The fire code official shall be permitted t o approve the alternative fire extinguishing system based on full-scale fire and fault condition testing conducted or witnessed and reported by an app ro ved laboratory. HOA.1027 12621 .3 148 6.1.c Packet Pg. 328 SECTION 279. Section 1206.2.11.3 is hereby amended to read as follows : 1206.2.11.3 Exhaust Vyentilation. Where required by Section 1206.2.3 or 1206.2.12Tab le 1206.2.1 0, ve ntilation of rooms conta ining stationary storage battery syst ems s hall be provided in accordance with th e California Mech anical Code and o ne of the following: 1 . The ventilation system shall be designed to limit the maximum concentration of flamm ab le gas to ~.1Q percent of the lowe r fl amm ab ility lim it, or for hydrogen, 1.0 percent of the total volume of the room. 2. Continuou s venti lation shall be pro vide d at a rate of not less than 1 cub ic foot per minute (cfm) per square foot [0.00508 m3/(s • m2)] of floor area, but not less than 150 cfm (4m3/min). The e x haust syst em s hall be designed t o provide air movement across a ll parts of the floor for gases having a vapor density greater th a n air and across al l parts of th e vault ceiling f or gases having a vapo r density le ss t han a ir. SECTION 280. 1206.2.11.3.1 Section 1206.2.1 1.3.1 is hereby ame nd ed to read as fo ll ows: Cab inet ventilation. Where cab in ets located in occupied spaces con t ain storage batteries that are required by Se ction 1206.2.3 or 1206.2 .1 2Tab le 1206.2.10 to be provided w ith ventilation, the cabi net s ha ll be provid ed with ventil ation in accordance with Section 1206.2.11.3. H OA.1 027126 21.3 149 6.1.c Packet Pg. 329 SECTION 281. 1206.2.11.3.3 Section 1206.2.11.3.3 is hereby added to read as follows: Standby power. Mechanical exhaust ventilation shall be provided with a minimum of six hours of standby power in accordance with the Los Angeles County Building Code. Separation shall be in accordance with the Los Angeles County Electrica l Code. Where the building, or a portion of the building, served by the mechanical exhaust ventilation is intended to remain operational /occupied during a util ity power outage, through the use of an electrical standby power system, whether required or optional , the mechanical exhaust ventilation shall be connected to both the normal electrical service and emergency or standby power system for equivalent time periods. SECTION 282. Section 1206.2.11.3.4 is hereby added to read as fo llows: 1206 .2 .11.3.4 Mechanical exhaust ventilation controls. Clearly identified separate switches shall be provided both to activate the mechanical exhaust ventilation system, and to shut off the ventilation system. SECTION 283. Section 1206.2.11.4 is hereby amended to read as follows: 1206.2.11.4 Gas detection system. Where required by Section 1206.2.3 or 1206.2.12, rooms containing stat ionary storage battery systems shall be protected by a gas detection sy stem complying w ith Section 916. The gas detection system shall be designed to activate where the level of flammable gas exceeds ~1Q percent of the lower flammable limit (LFL), or where the level of toxic or highly toxic gas exceeds one-half of the IDLH. HOA.1 02712621.3 150 6.1.c Packet Pg. 330 SECTION 284. Section 1206.2.11.5 is hereby amended to read as follows: 1206 .2.11.5 Spill control and neutralization. Where required by Section 1206.2.12Table 1206.2.1 0 , approved methods and materials shall be provided for the control and neutralization of spills of electrolyte or other hazardous materials in areas containing stationary storage batteries as follows: SECTION 285. Section 1206 .2.11.5.1 is hereby added to read as follows: 1206.2.11.5.1 Spill control barrier. Each rack of batteries, or group of racks shall be provided with a liquid-tight 4- inch-deep (1 02-mm-deep) spill control barrier which extends at least 1-inch (25 mm) beyond the battery rack in all directions. SECTION 286. Section 1206.2 .11.6 is hereby added to read as follows: 1206.2.11.6 Explosion Control. Where required by Table 1206.2.1 0 , explosion control, complying with Section 911 , NFPA 68 and NFPA 69, shall be provided for rooms, areas or walk-in units containing electrochemical battery energy storage system technologies . Exceptions: 1. Where approved , explosion control is permitted to be waived by the fire code official based on large-scale fire testing which demonstrates that flammable gases are not liberated from electrochemical battery energy storage system cells or modules. 2. Where approved, explosion control is permitted to be waived by the fire code official based on documentation provided in accordance w ith Section 1 04.7 that HOA.102712621.3 151 6.1.c Packet Pg. 331 demonstrates that the electrochemical battery energy storage system technology to be used does not have the potential to release flammable gas concentrations in excess of 25 percent of the lower flammable limit (LFL) anywhere in the room, area, walk-in unit or structure under thermal runaway or other fault conditions. SECTION 287. Section 1206.2.11. 7 is hereby added to read as follows: 1206.2.11. 7 Emergency energy release. An approved means must be provided to safely release stored energy from the batteries in an emergency situation. SECTION 288. 1206.2.12 Section 1206.2.12 is hereby amended to read as follows: Specific battery-type requirements. This section includes requirements applicable to specific types of storage batteries. Stationary storage battery systems with more than one type of storage battery shall comply with requirements applicable to each battery type. Ventilation, spill control and neutral ization , explosion control, safety caps and therm al runaway shall be required in accordance with Table 1206.2.1 0. SECTION 289. Section 1206.2 .12 .1 is hereby amended to read as follows: 1206.2.12.1 Lead-acid storage batteries. Stationary storage battery systems utilizing lead-acid storage batteries shall comp ly with the following: 1. Ventilation shall be provided in accordance with Section 1206 .2.11.3. 2. Spill control and neutralization shall be in accordance with Section 1206 .2.11 .5 . HOA.1 02712621 .3 152 6.1.c Packet Pg. 332 3. Thermal runavvay protection shall be provided for valve regulated lead acid (VRLA) storage batteries in accordance with Section 1206 .2.10.7. 4. The sign age in Section 1206.2.8.6 shall indicate the room contains lead- acid batteries . 2 . Specific requirements based on battery technology/type shall also be provided in accordance with Table 1206.2.1 0. SECTI O N 290. Section 1206.2.12.2 is hereby amended to read as follows : 1206 .2.12.2 Nicke l-cadmium (N i-Cd ) storage batteries. Stationary storage battery systems utilizing nickel-cadmium (Ni-Cd) storage batteries shall comply with the following: 1. Ventilation shall be provided in accordance with Section 1206.2.11.3. 2 . Spill control and neutralization shall be in accordance with Section 1206 .2 .11.5. 3. Thermal runaway prote ction shall be provided for valve regulated sealed nickel cadmium sto rage batteries in accordance with Section 1206.2.1 0.7. 4. The signage in Section 1206 .2.8 .6 shall indicate the room contains nickel- cadmium batteries. 2 . Specific requirements based on battery technology/type shall also be provided in accordance with Table 1206.2.1 0. HOA.1027 12621 .3 153 6.1.c Packet Pg. 333 SECTION 291. 1206.2.12.3 Section 1206.2.12.3 is hereby amended to read as follows : Lithium-ion storage batteries. Stationary storage battery systems utilizing lithium-ion storage batteries shall comply with the following: 1. The signage in Section 1206.2.8.6 shall indicate the type of lithium batteries contained in the room. 2. Specific requirements based on battery technology/type shall also be provided in accordance with Table 1206.2.1 0. SECTION 292. Section 1206.2.12.4 is hereby amended to read as follows : 1206.2.12.4 Sodium-beta storage batteries. Stationary storage battery systems utilizing sodium-beta storage batteries shall comply w ith the following: 1. Ventilation shall be provided in accordance with Section 1206.2.11.3. 2. The signage in Section 1206.2.8.6 shall indicate the type of sodium batteries in the room and include the instructions, "APPLY NO WATER." 2. Specific requirements based on battery technology/type sha ll also be provided in accordance with Table 1206.2.1 0. SECTION 293. Section 1206.2.12.5 is hereby amended to read as follows : 1206.2.12.5 Flow storage batteries. Stationary storage battery systems utilizing flow storage batteries shall comply with the following: 1. Ventilation shall be provided in accordance 1Nith Section 1206.2.11.3. HOA.102712621.3 154 6.1.c Packet Pg. 334 2. Spill control and neutralization shall be in accordance with Section 1206.2.11 .5. 3 . The signage required in Section 1206.2.8.6 shall indicate the type of flow batteries in the room . 2. Specific requirements based on battery technology/type shall also be provided in accordance with Table 1206.2.1 0. SECT ION 294. Section 1206.2.12.6 is hereby amended to read as follows: 1206.2.12.6 Other battery technologies. Stationary storage battery systems utilizing battery technologies other than those described in Sections 1206.2.12.1 through 1206.2.12.5 shall comply with the following: 1. Gas detection systems complying with Section 916 shall be provided in accordance with Section 1206.2.11.4 where the batteries have the potential to produce toxic or highly toxic gas in the storage room or cabinet in excess of the permissible exposure limits (PEL) during charging, discharging and normal system operation. 2. Mechanical ventilation shall be provided in accordance with Section 1206.2.11 .3. 3 . Spill control and neutralization shall be in accordance with Section 1206.2.11.5. 4. In addition to the signage required in Section 1206.2.8.6, the marking shall identify the type of batteries present, describe the potential hazards associated with the battery type , and indicate that the room contains energized electrical circuits. HO A.1 02 71 262 1.3 155 6.1.c Packet Pg. 335 3. Specific requirements based on battery technology/type shall also be provided in accordance with Table 1206.2.1 0. SECTION 295. Section 1206.2 .13 is hereby added to read as follows: 1206.2.13 Special Installations. Rooftop and open parking garage battery energy storage system installations shall comply wi th Sections 1206.2.13 through 1206.2.13.6. Signage shall comply wit h section 1206.2.8.6. SECTION 296. Table 1206.2.13 is hereby added to read as follows: TABLE 1206.2 .13 SPECIAL INSTALLATIONS Compliance Required Rooftops Open Parking Garages General Installation Yes Yes Requirements Size and separation Yes Yes Smoke and automatic fire Yes Yes detection Maximum enclosure size Yes Yes Means of egress separation Yes Yes Clearance to exposures Yes Yes Fire suppression systems Yes Yes Technology specific protection Yes Yes SECTION 297. Section 1206.2.13.1 is hereby added to read as follows: 1206.2.13.1 Rooftop installations. For the purpose of Tab le 1206.2 .13, rooftop installations are those located on the roofs of buildings. HOA.1 0271262 1.3 156 6.1.c Packet Pg. 336 SECTION 298 . Section 1206.2.13.2 is hereby added to read as follows: 1206.2.13.2 Open parking garage installations. For the purpose of Table 1206.2.13, open parking garage installations are those located in a structure or portion of a structure that complies w ith Section 406.5 of the Los Angeles County Building Code. SECTION 299 . Section 1206.2.13.3 is hereby added to read as follows: 1206.2.13.3 Clearance to exposures. Battery storage systems located on rooftops and in open parking garages shall be separated by a minimum 10 feet (3,048 mm) from the following exposures: 1. Buildings, except the building on which the rooftop battery energy storage system is mounted ; 2. Any portion of the building on which a rooftop system is mounted that is elevated above the rooftop on which the system is install ed. 3. Lot lines. 4. Public ways . 5. Stored combustible materials. 6. Locations where motor vehicles ca n be parked. 7. Hazardous materials. 8. Other exposure hazards. Exceptions: 1. Clearances are permitted to be reduced to 3 feet (914 mm) where a 1- hour free-standing fire barrier, suitable for exterior use, and extending 5 feet (1 ,524 mm) HOA.102712621.3 157 6.1.c Packet Pg. 337 above and extending 5 feet (1 ,524 mm) beyond the physical boundary of the battery energy storage system installation is provided to protect the exposure. 2 . Clearances are permitted to be reduced to 3 feet (914 mm) where a weatherproof enclosure constructed of noncombustible materials is provided over the battery energy storage system and it has been demonstrated that a fire with in the enclosure will not ignite combustib le materials outside the enclosure based on large- scale fire testing . SECTION 300. Section 1206.2 .13.4 is hereby added to read as follows: 1206.2.13.4 Fire suppression systems. Battery energy storage systems located in wa lk-in units on rooftops, or in walk-in units in open parking garages, shall be provided with automatic fire suppress ion systems within the enclosure of the battery energy storage system, in accordance with Section 1206.2.11.1. For battery energy storage systems that are not located in walk-in units, but rather are located in areas of open parking structures that are on leve ls not open above to the sky , shall be provided with an automatic fire suppression system complying with Section 1206.2.11.1. SECTION 301. Section 1206.2.13.5 is hereby added to read as follows: 1206.2.13.5 Rooftop installations. Battery storage systems and associated equipment that are located on rooftops and not enclosed by building construction shall comply with the following: HOA.1 02712621 .3 158 6.1.c Packet Pg. 338 1. Stairway access to the roof for emergency response and fire department personnel shall be provided either through a bulkhead from the interior of the bui lding or a stairway on the exterior of the building. 2. Service walkways at least 5 feet (1 ,524 mm) in width shall be provided for service and emergency personnel from the roof-access point, to the system itself. 3. Battery storage systems and associated equipment shall be located a distance from the edge of the roof such that the distance is equal to at least the height of the system , equipment, or component, but not less than 5 feet (1 ,524 mm). 4. The roofing materials located under, and within 5 feet (1 ,524 mm) horizontally from, any battery storage system or associated equipment shall be . noncombustible or shall have a Class A rating when tested in accordance with ASTM E1 08 or UL 790. 5. A Class I standpipe outlet shall be installed at an approved location on the roof level of the building or in the stairway bulkhead at the top level. 6. The battery storage systems shall be located a minimum of 10 feet (3048 mm) from the fire service access point on the roof top. SECTION 302. Section 1206.2 .13.6 is hereby added to read as follows: 1206.2.13.6 Open parking garages . Battery storage systems and associated equipment that are located in open parking garages shall comply with all of the following : 1 . Battery storage systems shall not be located within 50 feet (15 240 mm) of air inlets for building HVAC system s . HOA.1027126213 159 6.1.c Packet Pg. 339 Exception: This distance shall be perm itted to be reduced to 25 feet (7,620 mm) if the automatic fire alarm system monitoring the rad iant-energy sensing detectors de-energizes the ventilation system connected to the air intakes upon detection of fire. 2. Where located on a covered level of the parking structure, i.e . not directly open to the sky above , battery storage systems shall not be located wi t hin 25 feet (7 ,620 mm) of exits leading from the attached building . 3. An approved fence with a locked gate or other approved barrier sha ll be provided to keep the general public at least 5 feet (1 ,024 mm) from the outer enclosure of the battery energy storage system. SECTION 303. Section 1206.4 is hereby added to read as follows : 1206.4 Energy storage system in Group R-3 and R-4 occupancies. Energy storage systems in Group R-3 and R-4 occupancies shall be instal led and maintained in accordance with this section . The temporary use of an owner's or occupant's electric-powered vehicle as an energy storage system sha ll be in accordance with Section 1206.4. Exception : Energy storage systems in Group R-3 and R-4 occupancies with a capacity of 3 kWh or less. HOA.1 02712621 .3 160 6.1.c Packet Pg. 340 SECTION 304. Section 1206.4.1 is hereby added to rea d as fol lows: 1206.4.1 Equipment listings. Energy storage systems shall be listed and labe led for reside ntial use in accordance with UL 9540. Exceptions: 1. Where approved, repurposed unlisted battery systems from electric vehicles may be installed outdoors or in detached dedicated cab i nets lo cated not less than 5 feet (1 ,5 24 mm) from exterior wa ll s, property l ines and public ways. 2. Energy storage system less than 1 kWh. SECTION 305 . Section 1206.4.2 is hereby added to read as fol lows: 1206.4.2 Installation. Energy storage systems sha ll be installed in accordance with the manufacturer's instructions and the listing. SECTION 306. Section 1206.4.2.1 is hereby added to read as follows : 1206.4.2.1 Spacing. I nd ivid ual units shall be separated from each other by at least 3 fe et (914 mm) of spacing unless smaller separation distances are documented and approved by the f ire code official to be adequate based on large-sca le fire testing. SECTION 307. Section 120 6.4.3 is hereby added to read as follows: 1206.4.3 Location. An energy storage system shall only be installed in the fo llowing locations: 1. Detached garages and detached accessory structures. HOA.1 02712621 .3 161 6.1.c Packet Pg. 341 2 . Attached garages separated from the dwel lin g unit living space and sleeping units in accordance with Section 406 .3.2 of the Los Angeles County Building Code. 3. Outdoors on exterior walls in accordance w ith 1206.4.3.1 4. Other locations with fire code official approval. SECTION 308. Section 1206.4.3.1 is hereby added to read as follows: 1206.4.3.1 Exterior wall and outdoor installations. Energy storage systems shall be permitted to be installed outdoors on exterio r walls of buildings or on the ground when al l of the following conditions are met: 1. The maximum energy capacity of individual energy storage system units shal l not exceed 20 kWh. 2 . The installation is in accordance with setback requirements of Title 22- Planning and Zoning Code. 3. The energy storage system shall be installed in accordance with the manufacturer's instructions and their listing. 4. Individual energy storage system units shall be separated from each other by not less than 3 feet (914 mm). 5. The energy storage system shall be separated from doors, windows, operable openings into buildings, or HVAC inlets by at least 5 feet (1524 mm). Exception: Where approved by the fire code official, smaller separation distances in items 4 and 5 may be permitted based on large-scale fire testing . HOA.1 0271 262 1.3 162 6.1.c Packet Pg. 342 SECTION 309. Section 1206.4.4 is hereby added to read as follows: 1206.4.4 Energy ratings. Individual energy storage system units shall have a ma xim um rati ng of 20 kWh . The aggregate rating per structure sha ll not exceed: 1. 80 kWh in attached or detached garages and detached accessory structures. 2. 80 kWh on exterior wa ll s. 3. 80 kWh outdoors on th e ground. SECTION 310. Section 1206.4.5 is here by added to rea d as fo ll ows : 1206.4.5 Electrical installation. Energy storage systems s hall be in sta ll ed in accordance with the Los Angeles County Electrical Code. Inverters sha ll be listed and labeled in accordance with UL 1741 or provid ed as part of the UL 9540 li sting. Systems connected to the utility grid s hall use inverters listed for utility i nteracti on. SECTION 311. Section 1206.4 .5 .1 is hereby added to read as fo llo ws: 1206.4.5.1 Electrica l source and disconnect directory. In ad diti o n to a ny placard or directory, o r con tent th ere of, req u ired in acco rd a nce with the Los Angeles County Electrical Code , an approved permanent plaque/d irectory sha ll be in sta ll ed at the location of t he main service disconnecting means , and at any othe r location req uired by th e fi re code offic ia l. This p la que or directory shall be provided regardless of w heth er or not the energy storage system is considered HOA.1 02712621.3 163 6.1.c Packet Pg. 343 connected to a utility service source or is a stand-alone system. The plaque/directory shall: 1. Denote all electrical power sources on or in the premises. 2. Indicate the location of stationary storage battery system disconnecting means. SECTION 312. 1206.4.6 Section 1206.4.6 is hereby added to read as follows: Fire detection. Rooms and areas within dwellings units, sleeping units or attached garages in which an energy storage system is installed shall be protected by smoke alarms in accordance with Section 907.2.1 0. A heat detector listed and interconnected to the smoke alarms shall be installed in locations within dwel ling units, sleeping units and attached garages where smoke alarms cannot be installed based on their listing . SECTION 313. Section 1206.4.7 is hereby added to read as follows: 1206.4.7 Protection from impact. Stationary storage battery systems installed in a location subject to vehicle damage shall be protected by approved barriers. Appliances in garages shall. also be installed in accordance with Section 304.3 of the Los Angeles County Mechanical Code. SECTION 314. Section 1206.4.8 is hereby added to read as follows: 1206.4 .8 Ven ti lation . Indoor installations of an energy storage system that includes a battery or batteries that produce hydrogen or other flammable gases during charging , discharging HOA.1 02712 621 .3 164 6.1.c Packet Pg. 344 or normal use conditions shall be provided with ventilation in accordance with Section 1206.2.11.3. SECTION 315. Section 1206.4.9 is hereby added to read as follows: 1206.4.9 Toxic and highly toxic gas. An energy storage system that has the potential to release toxic or highly toxic gas during charging, discharging or normal use conditions shall not be installed within Group R-3 or R-4 occupancies. SECTION 316. Section 2007.1 is hereby amended to read as follows: 2007.1 General. Helistops and heliports shall be maintained in accordance with Sections 2007 .2 through 2007.810.3. Helistops and heliports on buildings shall be constructed in accordance with the California Building Code . SECT ION 317. Section 2007.9 is hereby added to read as follows: 2007.9 Eme rgency Helicopter Landing Faci lity (EHLF) for high- rise buildings . An approved Emergency Helicopter Landing Facility (EHLF) shall be provided on the roof of any high-rise building exceeding 12 stories or 120 feet above the lowest level of Fire Department access hereinafter constructed. It shall be designed and constructed in accordance with the Los Angeles County Building Code and Title 24 of the California Code of Regulations. HOA.1 02 71 2621.3 165 6.1.c Packet Pg. 345 SECTION 318. 2007.10 2007.10.1 Section 2007.1 0 is hereby added to read as follows: Helistops and heliports in fire hazard severity zones . Surface. When required by the fire code official, a graded 1 00-foot (30.48 m) x 1 00-foot (30.48 m) pad shall be covered with reinforced concrete, with a minimum depth of six inches (152.4 mm), capable of supporting 42,000 pounds (19050.88 kg). 2007.10.2 Hydrant. When required by the fire code official, a fire hydrant shall be installed adjacent to the pad as approved by the fire code official. 2007.10.3 Access. When required by the fire code official, a fire apparatus access road leading to the helistop or heliport shall be provided in acco rdance with Section 503. SECTION 319 . Section 2108 .5 is hereby added to read as follows: 2108.5 Smoking. Smoking in dry-cleaning plants shall only be within designated smoking rooms. "NO SMOKING" signs shall be posted in rooms containing flammable or combustible liquids. See Section 31 0.3. SECTION 320. Section 2204.2 is hereby added to read as follows: 2204.2 Separators. Approved magnetic or pneumatic separators shall be instal led ahead of shellers, crackers , crushers, grinding machines, pulverizers, and s imil ar machines in which the entrance of foreign materials could cause sparks to be generated . HOA.102712621 .3 166 6.1.c Packet Pg. 346 SECTION 321. Sectio n 2204.3 is hereby added to read as fo ll ows: 2204.3 Dust collection . Suitab le dust-co ll ecting equipment shal l be instal led on al l dust-producing machinery and interlocked with the machinery power supp ly so that the machinery cannot be operated without the dust-collection equ i pment also operating . SECTION 322. Section 2204.4 is hereby added to read as fo ll ows: 2204.4 Electrical grounding. Artificia l li ghting in areas containing dust-producing or dust-agitating operations shal l be by electricity with wiring and electrical equipment insta lled in accordance with the Electrical Code. Machinery and metal parts of crushing, dryi ng, pulverizing, and conveying systems shall be e lectrically grounded in accordance w ith the Electrical Code. Static electricity shall be removed from machinery and other component parts by permanent grounds or bonds or both. The design and installation of such grounds shall be in accordance with approved standards. SECTION 323. Section 2404.4 is hereby amended to read as follows: 2404.4 Fire protection. Spray booths and spray rooms shall be protected by an approved automatic fire-extinguishing system complying with Chapter 9. Protection shall extend to exhaust plenums, exhaust ducts, and both sides of dry filters where such filters are used . Spray booths shall be provided with automatic fire sprinkler system proteCtion when the spray HOA.102712621 .3 167 6.1.c Packet Pg. 347 booth is located in a portion of a building that is protected with an automatic fire sprinkler system. SECTION 324. Section 2408.5 is hereby amended to read as follows: 2408.5 Sources of ignition. Smoking shall be prohibited and "NO SMOKING" signs shall be prominently displayed in compliance with Section 310 .3 in areas where organic peroxides are stored, mixed, or applied. Only nonsparking tools shall be used in areas where organic peroxides are stored, mixed, or applied. SECTION 325 . Section 2504.6 is hereby added to read as follows: 2504.6 Smoking. Smoking shall be prohibited in ripening rooms. SECTION 326. Section 2507.2 is hereby added to read as follows: 2507.2 "No Smoking" signs. NO SMOKING signs shall be posted at every entrance, in compliance with Section 310 .3. SECTION 327. Section 2603 .3 is hereby amended to read as follows: 2603.3.3 VVatch personneiReserved. During the period fumigation is in progress, except where fumigation is conducted in a gas tight vault or tank, a responsible watch person shall remain on duty at the entrance or entrances to the enclosed fumigated space until after the fumigation is completed and the building, structure or space is properly ventilated and safe for HOA.1 02712621.3 168 6.1.c Packet Pg. 348 occupancy. Sufficient vvatchers shall be provided to prevent persons from entering the enclosed space under fumigation without being observed. SECTION 328. Section 2803.3.3 is hereby added to read as follows: 2803.3.3 Combustible waste. The storage, accumulation, and handling of combustible materials and control of vegetation shall be in accordance with Section 304. SECTION 329. 2810.1.1 Section 2810.1.1 is hereby added to read as follows: Permits. Permits shall be required as set forth in Sections 1 05.6 and 1 05.7. SECTION 330. 3102.1 Section 3102.1 is hereby amended to read as follows: Definitions. The following terms are defined in Chapter 2: AIR-INFLATED STRUCTURE. AIR-SUPPORTED STRUCTURE. CROWD MANAGER. MEMBRANE STRUCTURE. TEMPORARY STAGE CANOPY. TENT. SECTION 331. 3107.18 Section 3107.18 is hereby amended to read as follows: Combustible vegetation. Combustible vegetation that could create a fire hazard shall be removed from the area occupied by a tent or membrane structure, and from areas within JG50 feet HOA.102712621.3 169 6.1.c Packet Pg. 349 (9144 mm) of such tent or membrane structures. When a tent or membrane structure is located in a wildfire risk area, combustible vegetation sha ll be removed from areas within 50 feet from such structures or from areas within up to 200 feet from such tent or membrane structures when required by the fire code official. SECTI ON 332. Section 3201 .2 is hereby amended to read as fo ll ows : 3201.2 Permits. A permit shall be required as set forth in Sections 105.6 and 105 . 7. Prior to approval of storage racks, a building permit is required in occupancies regu lated by th is chapter. Proof of all requ i red permits must be provided to the fire code officia l upon request. The approved permit must be kept on the premises and be ava il able at all times for inspection by the fire code official. SECTION 333. Table 3206.2 is hereby amended to read as fo llows: TABLE 3206.2 GENE RAL FIRE P ROTECTION AND LIFE SAFETY REQUIREMENTS ALL STORAGE AREAS SOLID -PI L ED STORAGE, SHELF STORAGE COMMODITY SIZE OF CLASS HIGH -PILED (See Sections 3206, 3207 and 3208)b AND PALLETIZED STORAGE STORAGE (see Section 3207.3) AREA" (s quare Automatic Fire Fire Smoke and Maxi mum Maximum Maximum feet) (see fire-detection department heat pile permissible ·pile vol ume Sections extinguis hing s ystem access removal storage (cubic feet) system (see Section doors (see dimension• heightd (feet) 3206.2 (feet) and 3206.3) (see 3206.5) (see Section Section Section 3206.7) 3206.8) 3206.4) I-IV 0-5 00 Not Not Not N ot N ot Not Re quireda Req ui red Re qu ired Requi re d Required Not Re qui red R eq uired 50 1-2,500 Not Not Not Requireda Y es9 Require d Re quired 120 40 100 ,00 0 2 ,50 1-12,000 Open to the pub lic Not N ot No t 400,000 Yes Re quire d Req ui red Required 120 40 HOA.1 027 1262 1.3 170 6.1.c Packet Pg. 350 ALL STORAGE AREAS SOLID-PILED STORAGE, SHELF STORAGE COMMODITY SIZE OF CLASS HIGH-PI LED (See Sections 3206, 3207 and 3208)b AND PALLETIZED STORAGE STORAGE (see Section 3207.3) AREA" (square Automatic Fire Fire Smoke and Maximum Maximum Maximum feet) (see fire-detection department heat pile permissible pile volume Sections extinguishing system access removal storage (cubic feet) 3206.2 system (see Section doors (see dimension° he ightd (feet) and 3206.3) (see 3206.5) (see Section Section (feet) Section 3206 .7) 3206.8) 3206.4) 2,501 -12,000 Not open to th e public (Option 1) Yes Not Not Requ ired Requ irede Not Required 120 40 400,000 2,501-12,000 Not open to the public (Option 2) Not Requireda Yes Yes YesR.i 120 30e 200,000 12,001 -Not YesR.i 500,000 Yes Requ ired Yes 120 40 400,000 Greater than Not Yes Yes YesR.i 120 40 400,000 500,000 Required High 0-500 Not Not Not Not Not Required Requirede Required 60 Not Required Required hazard Requireda 501-2,500 Open to the public Not Not Not 60 30 75.000 Yes Requ ired Requirede Required 501-2,500 Not open to the public (Option 1) Yes Not Not Not 60 30 75,000 Required Requirede Required 501-2.500 Not open to the public (Option 2) Not Yesg Yes YesR.i 60 20 50,000 Requireda 2,501 -300,000 Yes Not Yes YesR.i Requ ired 60 30 75,000 Greater than Yes Not Yes YesR.i 300,0001 Required 60 30 75,000 For Sl: 1 foot= 304.8 mm. 1 cubic foot= 0 .02832 m 3, 1 square foo t= 0.0929 m2. a. Where automatic sprinklers are requi red for reasons other than those in Chapter 32, the portion of the sprink ler system protecting the high-piled storage area shall be designed and installed in accordance with Sections 3207 and 3208. b . For aisles, see Section 3206.10 . c. Piles shall be separated by a isles comp lying with Section 3206.10. HOA.102712621.3 171 6.1.c Packet Pg. 351 d. For storage in excess of the height indicated, special fire protection sha ll be provided in accordance with Note f where required by the fire code off ic ia l. See Chapters 51 and 57 for special l im itations for aerosols and flammable and combustib le liquids, respectively. e. For sto rage exceeding 30 feet in height . Option 1 shall be used. f . Special fire protection provis ions inc ludi ng , but not limited to . fi re protection of exposed steel columns; inc reased sprinkle r density; addition al in- rack sprinklers, without as soc iated reductio ns in ceil ing sprinkler density; or additional fire department hose connections shal l be provided when requ ire d by the fire code official. g . No t req uired where an automatic fire-extinguishi ng system is designed and installed to protect the high-piled storage area in accordance with Sections 3207 and 3208. ~et-felltlir ed w here stera§e-areas-wAA-aA-eiiii-IFaVei-fllslaRse ef 250 feet (76 200 mm} er Jess are p rotecte d by eith~~,ippression last response (i;;:SFR ) sprinkler systeffis-GF-Gefllfel-med e special application sprinl1lers with a respense time index o~~-Gf-less that are listed to oontfGI-a-life-in-tfle-s!efE*keATmedi!ies-witfi~F-fewef...&pfinklers, installed in accordance with SestioR 903. 3.1.1. i. Not required in frozen food warehouses used solely for storage of Class I and II commodities where prote cted by an approved automatic sprinkler system. SECTION 334. Section 3206.8 is hereby amended to read as follows: 3206.8 Smoke and heat removal. Where smoke and heat removal is required by Table 3206.2, smoke and heat vents ft.-shall be provided in accordance with Section 910. SECTION 335. Section 3302.1 is amended to read as follows: 3302.1 Terms defined in Chapter 2. Words and terms used in this chapter and defined in Chapter 2 shall have the meanings ascribed to them as defined therein:-, including : FIRE WATCH. SECTION 336. Section 3304 .5 is amended to read as follows: 3304.5 Fire watch. Where required by th e fire code official or the prefire plan established in accordance with Section 3308.3, a fire watch shall be provided for building demolition and for bui lding construction that is hazardous in nature, such as temporary heating or hot work. Also see Section 401.10 for fire watch responsibilities and procedures. HOA.1 02712621.3 172 6.1.c Packet Pg. 352 SECTION 337. 3312.2 Section 3312.2 is hereby added to read as follows: Fire hose. When required by the fire code official, approved fire hoses with attached nozzles shall be maintained for immediate use at a construction site or a demolition site. Such hoses and nozzles shall be connected to an approved water supply. Where a fire hydrant is permitted to be used as the source of water supply , the fire hose connection to the fire hydrant shall not impede the Fire Department from using the hydrant. SECTION 338. 3501.3 Section 3501.3 is hereby amended to read as follows: Restricted areas. Hot work shall only be conducted in areas designed or authorized for that purpose by the personnel responsible for a hot work program. Hot work shall not be conducted in the following areas unless approval has been obtained from the fire code official: 3. Areas with readily ignitable materials, such as storage of large quantities of bulk sulfur, baled paper, cotton, lint, dust or loose combustible materials. or wildfire risk areas. HOA.1 027 1262 1.3 173 6.1.c Packet Pg. 353 SECTION 339. 3505.9 Section 3505.9 is hereby added to read as follows: Flashback prevention. Approved protective devices shall be installed in the fuel gas and oxygen lines to prevent flashback in the fuel system and backflow in the fuel and oxygen system in accordance with nationally-recognized safe practices. SECTION 340. Section 3604.2 is hereby amended to read as follows: 3604.2 Standpipes. Marinas and boatyards shall be equipped throughout with standpipe systems in accordance with NFPA 303. Systems shall be provided with hose connections located such that no point on the marina pier or float system exceeds 150 feet (15,240 mm) from a standpipe hose connection. Standpipe systems shall be of a wet type un less the system is installed in an area that is subject to freezing temperatures. SECTION 341. Section 3604.2.2 is hereby added to read as follows: 3604.2.2 Floats . Portions of floats more than 250-feet (76,200 mm) travel distance from fire apparatus access shall be provided with an approved wet standpipe system . 3604.2.2.1 Hose stations. Hose stations shall be spaced to provide protection to all portions of floats or floating vessels. Hoses shall be mounted on a reel or rack and enclosed within an approved cabinet. Hose stations shall be labeled "FIRE HOSE-EMERGENCY USE ONLY." Only listed equipment shall be used. Each hose station shall be provided with HOA.1 02712621 .3 174 6.1.c Packet Pg. 354 a 2 ~-inch (63.5 mm) fire hose valve with a connected 2~-inch to 1 ~-inch reducer , a maximum length of 100 feet of lined hose, and an approved fog nozzle . The pipe sizing shall be a minimum of 2 ~ inches (63.5 mm) and shall be based on providing 65 psi (448.159 kPa) at 100 GPM (.3785 m3) at the most remote hose station valve outlet, using a maximum 150 psi (1 ,034 .21 kPa) at the fire department connection. SECTION 342. 4801.3 Section 4801 .3 is hereby amended to read as follows: Definitions. APPROVED PRODUCTION FACILITY. An existing building, or portion of a building, or a group of buildings altered for use by the entertainment industry for the purpose of motion picture, television and commercial production. COMMERCIAL STILL PHOTOGRAPHY PRODUCTION. Includes all activity attendant to the staging or shooting of commercial still photography production to create single or multiple photographs for sale or use for a commercial purpose. FIRE SAFETY ADVISOR (FSA). A Fire Safety Advisor is a retired member of the County of Los Angeles Fire Department who is certified as a Fire Safety Advisor. The requirements to become a certified Fire Safety Advisor can be found in Regulation 3 of Chapter 1 of Volume 7 of the fire department manuals. LIVE AUDIENCE STAGE. A production facility, production location, sound stage , or production studio where an audience is present for the recording or streaming of all or a portion of a motion picture . te levision show or commercial. HO A.1 027 126 21.3 17 5 6.1.c Packet Pg. 355 SECTION 343. 4803.2 Section 4803.2 is hereby amended to read as follows: Additional permits. A permit shall be required for: f) Any additional permits, including motion picture. commercial, and television productions, as required by the fire code official as determined in Section 105.6 and 105.7 of this code. See especially, but not exclusively , Section 1 05.6.51. SECTION 344. Section 4803.4 is hereby added to read as follows: 4803.4 Permi t fees. Permit fees for permits required by Section 4803.2 and Section 105 .6 shall be collected for the issuance of the following permits: 1. Motion picture, television, commercial, and related productions filming. The permit fee shall be $282 .00. 2. Motion picture, television , commercial, and related production filming-fu e l- dispensing trucks and vehicles. The annual permit fee shall be $208.00. 3. Motion picture, television, commercials, and related production filming-pyrotechnics and special effects. The permit fee shall be $288.00. 4 . Commercial still-photography production outside of an approved production facility and where the on-site cast and crew numbers fifteen (15) or more person s. The permit fee shall be $277.00. HOA.102712621 .3 176 6.1.c Packet Pg. 356 5. Verified student fi lming productions and non-profit 501(c)(3) organizat ions shall not be subject to a film or still-photography permit fee . SECTION 345. Section 4807.1.1 is hereby added to read as follows: 4807.1.1 Fire safety officers/advisors. When in the opinion of the fire code official it is necessary for the preservation of l ife or property, due to the hazardous nature of an event, ·production, operation, or function, the fire official shall require the owner or lessee to employ or cause the emp loyment of one or more approved fire safety officers or adv isors to be on duty at such place during the hazardous activity. SECTION 346. Section 4811.9 is hereby amended to read as follows: 4811.9 Fire department access. Required emergency vehicle access, fire lanes, and existing fire apparatus access roads shall be maintained as per Section 503. Any deviations are subject to approval by the fire code official. SECTION 347. Section 4902.1 is hereby amended to read as follows: 4902.1 General. For the purpose of this chapter, certain terms are defined as follows: FIRE PROTECTION PLAN. A document prepared for a specific project or development proposed for a Wildland-Urban Interface Fire Area. It describes ways to minimize and mitigate potential for loss from wildfire exposure. HOA.102712621 .3 177 6.1.c Packet Pg. 357 The Fire Protection Plan shall be in accordance with this ArticleChapter. When required by the enforcing agencyfire code official for the purposes of granting modifications, a fire protection plan shall be submitted. Only /Qca/!y adopted ordinances that ha•.;e been filed Vlith the California Building Standards Commission in accordance with Section 101.14 or the Department of Housing and Community Dev.elQpment in accordance with Section 1 01. 15 shall apply. FIRE HAZARD SEVERITY ZONES. Geographical areas designated pursuant to California Public Resources Codes, Sections 4201 through 4204 and classified as Very High, High, or Moderate in State Responsibility Areas or as Local Agency Very High Fire Hazard Severity Zones designated pursuant to California Government Code, Sections 51175 through 51189. See Appendix P for the designations within the County of Los Angeles . FUEL MODIFICATION PLAN. A fuel modification plan shall consist of a set of scaled plans that includes a plot plan showing fuel modification zones indicated with applicable assessment notes, a detailed landscape plan, and an irrigation plan. A fuel modification plan submitted for approval shall be prepared by a State-licensed landscape architect, State-licensed landscape contractor, a landscape designer, or an individual with expertise acceptable to the Forestry Division of the Fire Department. STRUCT U RE. That which is built or constructed, an edifice or building of any kind or any piece of work artificially built or composed of parts joined together in some HOA.1 0271262 1.3 178 6.1.c Packet Pg. 358 definite manner, except any mobilehome as defined in Health and Safety Code Section 18008, manufactured home, as defined in Health and Safety Code Section 18007, special purpose commercial modular, as defined in Health and Safety Code Section 18012 .5, and recreational vehicle, as defined in Health and Safety Code Section 18010. SECTION 348. Section 4905 .2 is hereby amended to read as follows: 4905.2 established limits . Construction methods and requirements within Within the limits established by law, construction methods intended to mitigate wildfire exposure shall comply with the wildfire protection building construction requirements contained in the applicable California Building Standards Code and Los Angeles County Codes, including the following : 1. Los Angeles County and California Building Code§, Chapter 7 A. 2. Los Angeles County and California Residential Code§, Section R~337. 3. California Referenced Standards Code, Chapter 12-7 A. 4. Los Angeles County and California Fire Codes, Chapter 49. SECTION 349. Section 4907.1 is hereby amended to read as follows: 4907.1 General. Defensible space will be maintained around all buildings and structures in State Responsibility Area (SRA) as required in Public Resources Code 4290 and "SRA Fire Safe Regulations" California Code of Regulations, Title 14, Division 1. 5, Chapter 7, Subchapter 2, Section 1270. HOA.1 02712621.3 179 6.1.c Packet Pg. 359 Buildings and structures within the Very High Fire Hazard Severity Zones of a Local Responsibility Areas (LRA) shall maintain defensible space as outlined in Government Code 51175-51189, Chapter 3 of this code and any lo ca l ordinance of the authority having jurisdiction. SECTION 350. Section 4908 is hereby added to read as follows: 4908 FUEL MODIFICATION 4908.1 Fuel modification plan in fire hazard severity zones . Permits shall be required as set forth in Section 105.7, with the exception of any differences which may be specified in this chapter or by the fire code official. A fuel modification plan shall be submitted and have preliminary approval prior to any subdivision of land; or, have final approval prior to the issuance of a permit for any permanent structure used for habitation; where, such structure, or subdivision is located within areas designated as a Fire Hazard Severity Zone within State Responsibility Areas or Very High Fire Hazard Severity Zone within the Local Responsibility Areas, according to applicable Fire Hazard Zone maps, and Appendix P of this code at the time of application. Preliminary approval is required for: A. Subdivisions (under five lots). B. Tentative tract maps (five lots or greater). C. Coastal Development Permits (COP). Final approval is required for: A. New construction : HOA.102712621.3 180 6.1.c Packet Pg. 360 1 . Any enclosed structure over 120 square feet; 2. Any structure enclosed on three sides or more and greater than or equal to 200 square feet (18.5 m2 ). B . Remodel, reclassification , modification or reconstruction: 1. Any remodeling, modification, or reconstruction that increases the square footage of the existing structure or footprint by 50 percent or more within any 12-month period; 2. Any structure that changes occupancy classification from any other class to Group R (residential) occupancy. C. Exemptions: 1. Structures that do not require a building permit; or 2. Are constructed of non-combustible materials, open on all sides, and not used for storage or habitation . Every fuel modification plan shall be reviewed by the Forestry Division of the Fire Department for defensible space, fire safety, and compliance with Sections 325.2.1, 325.2.2, 325.10, and 503 .2 .1 of this code, the Fire Department's fuel modification guidelines , and California Code of Regulations, Title 14, Division 1.5, Chapter 7, subchapter 2 . Before such final plan has been approved by the Forestry Division of the Fire Department, a signed and notarized copy of the provided covenant and agreement (and/or previously reviewed and approved association CC&R's that include the necessary fuel modification information) shall be re corded at the County of Los Angeles Registrar-Recorder/County Clerk's Office and a copy given to the fuel modifi cation unit. HOA.1 0271 2621 .3 181 6.1.c Packet Pg. 361 An on-site inspection must be conducted by the personnel of the Forestry Division of the Fire Department and a final approva l of th e fuel modification plan issued by the Forestry Division prior to a certificate of occupancy being granted by the building code official. The fuel modification inspection ensures complian ce with applicable requirements of this code, the Building Code, Section 701 A.5 (Vegetation management compliance), and the Residential Code, Section R337.1.5 (Vegetation management compliance). SECTION 351. Section 4908 .1 .1 is hereby added to read as follows: 4908.1.1 Plan modification. Any modification to an approved fuel modification landsca pe plan o r add iti on to a structure that affects the approved zo nes of an approved fuel modification plan must be reviewed and approved by the Fuel Modification Unit of the Fire Department prior to installation of landscaping or issuance of a construction permit by the building code official for such an addition. SECTION 352. 4908.1.2 Section 4908.1.2 is he reby added to read as fo ll ows: Penalties. An owner of a property found to be in non-co mpliance with the fue l modification requirements sha ll be subject to an adm inistrative fine (Section 327) and applicable liens or assessments as allowed by the provisions of Title 1, Chapter 1.25 of the County Code and this co de. Failure to comp ly w ith this code is punishable as a misdemeanor and subj ect to add ition al e nforcement proceedings, including corrective measures w hi ch shall be done at the owner's expense in accordance with Section 325. HOA .1 0271 262 1.3 182 6.1.c Packet Pg. 362 SECTION 353. 4908.2 Section 4908 .2 is hereby added to read as follows: Appeals. Any person who disagrees with any decision related to fuel modification plans may file a written appeal with the Chief of the Forestry Division. The Chief of the Forestry Division will adjudicate all policy interpretations relevant to fuel modification plan requirements and serve as the final authority in the appeals process .. SECTION 354. Section 4908.3 is hereby added to read as follows: 4908.3 Fuel modification plan review fee schedule. A plan check fee shall be payable to the Fire Department, upon the submission of any fuel modification plan, landscape plan, or irrigation plan for review and approval by the Fire Department. For the purpose of this section, any tent, yurt, or tra il er subject to fuel modification plan review will be considered a structure and fees will be based on th e int ended use. The amount of the plan check fee, for each such plan, shall be calculated in accordance with the following: $613.00 for barns, garages, accessory structures; or $711.00 for new residential, commercial, or industrial structures le ss than 2,500 square feet in total area, or add itions/mo difications to existing residential, commercial, or industrial structures which increase the total square footage or footprint by 50 percent or more and which addition/modification or occupancy type change is less than 2,500 square feet in total area; or $832.00 for new residential, commercial, or industrial structures equal to or greater than 2,500 square feet in total area, or additions/modifications to ex isting HOA 102712621 .3 183 6.1.c Packet Pg. 363 residential, commercial, or industrial structures which increase the total square footage or footprint by 50 percent or more and which addition/modification or occupancy type change is equal to or greater than 2,500 square feet in total area. New single-family residential structures meeting the above size criteria within a tract map con taining 25 or more lots, where such residential structures are proposed to be built by the same individua l or entity, the amount shall be $725.00 or $141.00 for parcel maps/lot splits of 4 or fewer parcels; or $980.00 for tentative tract maps-preliminary plan approval; or $1,064.00 for tract maps containing 5 to 20 lots, and, for tract maps containing more than 20 lots, an additional $651.00 for each additional group of 1 to 10 lots greater than 20 lots -final plan approval. Section 4908 is applicable to all unincorporated portions of Los Angeles County, to all cities that are a part of the Consolidated Fire Protection District of Los Angeles County, and to all cities that contract with th e Consolidated Fire Protection District of Los Angeles County for services and adopt Section 4908 as part of their fire code. The fees in this Section 4908 .3 shall be reviewed each fire code revision cycle by the Fire Department. The amount of each fee shall be adjusted as follows: calculate the hourly rate for all positions included in the fee calculations based on the Los Angeles County Board of Supervisors-approved salaries and employee benefits, and Los Angeles County Auditor-Controller approved overhead rates. The adjusted fee shal l be rounded to the nearest dollar; provided, however, notwithstanding any of the above, no fee shall exceed the cost of providi ng the service for wh ich the fee is collected. HOA.10271262 1.3 184 6.1.c Packet Pg. 364 SECTION 355. 5001.1.2 Authority. Section 5001.1.2 is hereby added to read as follows: Health Hazardous Materials Division ("HHMD") The provisions of Chapter 50 of this code may be enforced by any duly-authorized technician, Health Hazardous Materials Di vision staff, or fire code official. SECTION 356. 5001.5 Section 5001.5 is hereby amended to read as follows: Permits. Permits shall be required as set forth in Sections 105.6 and 105.7 . Where required by the fire code official, permittees shall apply for approval to permanently close a storage, use or handling facility . Such application shall be submitted not less than 30 days prior to the termination of the storage, use or handling of hazardous materials. The fire code official is authorized to require that th e application be accompanied by an approved facility closure plan in accordance with Section 5001 .6.3. A unified program facility permit shall be required for hazardous materials handlers, hazardous waste generators, or on-site treatment of hazardous waste in accordance with Chapters 12.50, 12.52, and 12.64 of Title 12 of the County Code. Unified program facility perm its, if required, shall be obtained prior to the issuance of any fire code permit required by this code. HOA.102712621.3 185 6.1.c Packet Pg. 365 A permit shall be required for tank vehicles or railroad tank cars to remain on a siding indoors or outdoors, at the point of delivery while connected for transfer operations. Transfer operations shall be in accordance with DOT requirements and this code. SECTION 357. 5001.5.1.1 Section 5001.5.1.1 is hereby added to read as follows: Hazardous Materials Business Plan (HMBP). Each application for a permit for businesses handling or storing hazardous materials at any time during the year exceed ing 55 gallons (208.198 1), 500 pounds (226 . 796 kg), or 200 cubic feet (5,663.37 L) shall in clude a Hazardous Materials Business Plan (HMBP). The location of the HMBP shall be posted adjacent to permits when an HMBP is provided. The HMBP shall include a facility site plan designating the following: 1. 2. 3. 4. 5. Storage and use areas. Maximum amount of each material stored or used in each area. Range of container sizes. Locations of emergency isolation and mitigation valves and devices. Product conveying piping containing liquid s or gases, other than utility-owned fuel gas lines and low-pressure fuel gas lin es. 6. On and off positions of valves for valves which are of the self-indicating type. 7. Storage plan showing the intended storage arrangement, including the location and dimensions of aisles . HOA.1 02712621.3 186 6.1.c Packet Pg. 366 The plans shall be legible and approximately to scale. Separate distribution systems are allowed to be shown on separate pages. SECTION 358. Section 5001.5.1 .2 is hereby added to read as follows: 5001 .5.1.2 Application. Each application for a permit required by this chapter shall include a Hazardous Materials Business Plan (HMBP) in accordance with Chapter 12.64 of Title 12 of the County Code. SECTION 359. Section 5001.5.2.1 is hereby added to read as fo l lows: 5001.5.2.1 Hazardous materials disclosure. A chemical inventory prepared in accordance with Chapter 12.64 of Title 12 of the County Code shall be considered the equivalent of the Hazardous Materials Inventory Statement (HMIS) discussed in Section 5001.5.2. SECTION 360. Section 5001.5.2.2 is hereby added to read as follows : 5001.5.2.2 Reporting. Every business shall comply with the reporting requirements as set forth in Chapter 12.64 of Title 12 of the County Code. SECTION 361 . Section 5001.5.2.3 is hereby added to read as follows: 5001 .5.2.3 Notification. The fire code official and the HHMD shall be notified immediat ely w hen an unauthorized discharge becomes reportable under State, federal , or local regulations. HOA.10271 262 1.3 187 6.1.c Packet Pg. 367 SECTION 362. 5001.5.2.4 program. Section 5001.5.2.4 is hereby added to read as follows: California Accidental Release Prevention (CaiARP) Every bus i ness shall comply with the requirements as set forth in Chapter 12.64 of Title 12 of the County Code . SECTION 363. Section 5001.5 .2.5 is hereby added to read as fo ll ows: 5001.5.2.5 Emergency information. Hazardous materials business plans, risk management prevention programs, and hazardous materials inventory statements shall be posted in an approved location and immediately avai lable to emergency responders. The fire code official may require that the information be posted at the entrance to the occupancy or property. SECTION 364. 5002.1 Section 5002 .1 is hereby amended to read as follows: Definitions. The followi ng terms are defined in Chapter 2: HAZARDOUS WASTE. HAZARDOUS WASTE CONTROL LAW. HEALTH HAZARDOUS MATERIALS DIVISION (HHMD). UNIFIED PROGRAM. UNIFIED PROGRAM FACILITY PERMIT . HOA.1027 1262 1.3 188 6.1.c Packet Pg. 368 tanks. WASTE. SECTION 365. 5003.2.1 Section 5003.2.1 is hereby amended to read as follows : Design and construction of containers, cylinders, and Containers, cylinders and tanks sha ll be designed and constructed in accordance with approved standards. Containers, cylinders, tanks and other means used for containment of hazardous materials shall be of an approved type. Pressure vesse ls not meeting DOTn requ i rements for transportat ion sha ll comply with the ASME Boiler and Pressure Vesse l Code . Tank vehicles and railroad tank cars shal l be used in accordance with Section 5005. SECTION 366. 5003.2.5 Section 5003.2.5 is hereby amended to read as follows: Empty containers and tanks. Empty conta in ers and tanks previousl y used for the storage of hazardous materials sha ll be free from residua l materia l and vapo r as defined by DOTn , the Resource Conservation and Recovery Act (RCRA) or other regulating authority or maintained as spec ifi ed for the sto ra ge of the haza rdous material. Containers large r than five gallons (18.9271 L) in capacity shall be marked with the date they have been emptied and shall be reclaimed, reconditioned, or remanufactured within one year of being emptied. Containers wh ich previously held acute or extremely hazardous materia ls are considered empty if the co nta in er has been t ri ple-ri nsed and the rinsate HOA.10271262 1.3 189 6.1.c Packet Pg. 369 managed as a hazardous waste . If the activity does not qualify for an exemption, the activity may require a permit to treat on site. SEC T ION 367. 5003.3.1.2 Section 5003.3 .1.2 is hereby amended to read as follows: Preparation. Provisions shall be made for controlling and mitigating unauthorized discharges. The consolidated contingency plan of the Unified Program of the hazardous material business plan shall be prepared and maintained. Copies shall be on-site and submitted every three years to the Fire Department as required by the provisions of the California Health and Safety Code , Division 20, Chapter 6.95, Hazardous Materials Release Response Plans and Inventory. Consolidated contingency plan shall mean a document setting out an organized, planned , and coordinated course of action to be followed in case of a fire , e xplosion , or release of hazardous substance, which could threaten human health or the environment. SECTI ON 368. 5003.3.1 .3 Section 5003 .3.1 .3 is hereby amended to read as follows: Control . When an unauthorized discharge caused by primary container failure is discovered, the involved primary container shall be repaired or removed from service. Any waste generated as a result of the unauthorized discharge must be disposed of in accordance with all applicable regulations pertaining to hazardous waste. If the facility does not have an EPA ID number, it must obtain a temporary ID number from the Department of Tox ic Substance Control (DTSC) prior to disposal. EPA ID number shall mean a number issued by DTSC and used to track hazardous waste from point of origin HOA.1 0271262 1.3 190 6.1.c Packet Pg. 370 to its final disposal. Provisional numbers are issued for special circumstances such as a spill if the facility does not have a permanent number. DTSC shall mean a Department in the California Environmental Protection Agency that is responsible for managing and regulating hazardous waste in California . SECTION 369. Section 5003.3.1.4 is hereby amended to read as follows: 5003.3.1.4 Responsibility for cleanup . The person, firm or corporation responsible for an unauthorized discharge shall institute and complete all actions necessary to remedy the effects of such unauthorized discharge, whether sudden or gradual , without cost to the jurisdiction . Where deemed necessary by the fire code official, cleanup can be initiated by the fire department or by an authorized individual or firm. Costs associated with such cleanup shall be borne by the owner, operator or other person responsible for the unauthorized discharge. Upon termination of cleanup activities, the HHMD emergency operation section of the Fire Department must be contacted to assess cleanup measures and to clear the site for re-occupancy or reuse. For the purposes of this section , assess shall mean any activity taken to determine health and safety risks to the general public or the environment. SECTIO N 370. Section 5003 .5 is hereby amended to read as follows: 5003 .5 Haza rd ident ification s ig ns . Unless otherwise exempted by the fire code official , visible hazard identification signs as specified in NFPA 704 for the specific material contained shall be placed on stationary containers and aboveground tanks and at entrances to locations where hazardous materials are stored , dispensed, used or handled in quantities requiring a HOA.10271262 1.3 191 6.1.c Packet Pg. 371 permit and at specific entrances and locations designated by the fire code official. Each building that stores, handles, or dispenses a hazardous material shall be conspicuously posted with the overall occupancy hazard by using the NFPA 704 placard system for any product or waste that has a three or higher rating in any category or is a special hazard. S E CT ION 371 . Section 5003.8.5.2.1 is hereby added to read as follows: 5003.8 .5.2.1 Ve nt i lation and storage arrangement. Compressed gas cylinders shall be stored within gas cabinets, exhaust enclosures, or gas rooms. Portable or stationary tanks shall be stored within gas rooms or exhaust enclosures. Tank vehicles or railroad tank cars engaged in the use or dispensing of toxic or highly toxic gases shall be stored within a ventilated separate gas storage room or placed within an exhaust enclosure. When stationary or portable cylinders, containers, tanks, railroad tank cars, or tank vehicles are located outdoors for dispensing or use of toxic or highly toxic gases, gas cabinets or exhaust enclosures shall be provided. SE CTI ON 372 . 5003 .9 .1.1 Section 5003.9.1.1 is hereby amended to read as follows: Fi re de partment l ia iso n. Responsible persons shall be designated and trained to be liaison personnel to the fire department. These persons shall aid the fire department in preplanning emergency responses and identifying the locations where hazardous materials are located, and shall have access to Safety Data Sheets and be knowledgeable in the site's emergency response procedures . These persons shall be identified as the HOA.1 027 1262 1.3 192 6.1.c Packet Pg. 372 emergency coord i nator with 24-hour contact numbers in the business plan as required by the provisions of t he Ca lifornia Health and Safety Code, Division 20, Chapter 6.95, Article 1, Business and Area Plans. SECTION 373. Section 5003.11 .3.8 is hereby amended to read as follows: 5003.11.3.8 Floors. Floors shall be i n accordance with Section 5004.12. Floors sha ll be leve l and i mpervious. SECTION 37 4. 5005.1 Section 5005 .1 is hereby amended to read as follows: General. Use, dispensi ng and hand ling of hazardous materia ls in amounts exceeding the maximum allowable quantity per control area set forth in Section 5003.1 shal l be in accordance with Sections 5001 , 5003, and 5005. Use , dispensing and handling of hazardous materia ls in amounts not exceeding the maximum all owable quanti t y per control area set forth in Section 5003.1 shall be in accordance with Sections 5001 and 5003. Tank vehic les and rai lroad tank cars sha ll not be used as a means of hazardous materials storage. Indoor unloading or transfer operations from tank vehicles or rai lroad tank cars shall be in accordance with Sections 5005.1 and 5005.2. Outdoor unloading or transfer operations shal l be in accordance with Sections 5005.1 and 5005.3. HOA.1 02712621.3 193 6.1.c Packet Pg. 373 SECTION 375. 5005 .1.10.1 Section 5005 .1.10.1 is hereby added to read as follows : Bulk plant or terminal. Gases or liquids having a hazard ranking of three or four in accordance with NFPA 704 shall not be transferred from a tank vehicle or tank car into the cargo tank of another tank vehicle or tank car. Exception: In an emergency, gases or liquids having a hazard rating of three or four may be transferred from a tank vehicle or tank car to the cargo tank of another tank vehicle or tank car when approved by the fire code official. SECTION 376. 5601.1.3 Section 5601 .1.3 is hereby amended to read as follows: Firewo r ks. The possession , manufacture, storage , sale , handling and use of fireworks are prohibited. Exceptions: 4 . The possession, storage , sale , handling and use of specific types of Division 1.4G fireworks, including safe and sane, where allowed by applicable laws, ordinances and regulations, provided that such fireworks and facilities comply with NFPA 1124, CPSC 16 CFR Parts 1500 and 1507, and DOTn 49 CFR Parts 100-185, for consumer fireworks and Health and Safety Code Division 11. HOA.1 0271262 1.3 194 6.1.c Packet Pg. 374 SECTION 377. 5601.1.4 Section 5601 .1.4 is hereby amended to read as follows: Rocketry. For rocketry requirements see California Code of Regulations, Title 19, Division 1, Chapter 6, reprinted in Sections 5610, 5611, and 5612. Rocketry shall also be in accordance with NFPA 1122. NFPA 1125, and NFPA 1127 for fire and life safety matters not regulated by State law . SECTION 378. Section 5601.2.5 is hereby added to read as follows: 5601 .2 .5 Fees. As requ ired by California Health and Safety Code Section 12105, a permit for the storage of explosives shall not be issued until after the payment of a fee of $10.00, unless the quantity of explosives is 100 pounds or less, in which case the fee shall be $2.00. The permit fee shall be equally divided and deposited into the Treasury of the County of Los Angeles and into the State Treasury. SECTION 379. Section 5601.7 is hereby amended to read as follows: 5601.7 Seizure. The fire code official is authorized to remove or cause to be removed or disposed of in an approved manner, at the expense of the owner, explosives, explosive materials or fireworks offered or exposed for sale, stored, possessed or used in violation of this chapter. Seizure shall be conducted in accordance with California Health and Safety Code, Division 11 . Part 1. Chapter 8, Section 12350, et seq , and Part 2, Chapter 9, Section 12721, et seq. HOA.1 02712621.3 195 6.1.c Packet Pg. 375 SECTION 380. 5608.1 Section 5608.1 is hereby amended to read as follows: General. Outdoor f Eireworks displays, use of pyrotechnics before a proximate audience and pyrotechnic specia l effects in motion picture, television, theatrical and group entertainment productions shall comply with California Code of Regulations, Title 19, Division 1, Chapter 6 Fireworks and this section chapter. Additionally, fireworks displays and pyrotechnics before a proximate audience shall be conducted in accordance with NFPA 1123 and/or NFPA 1126 for fire and life safety matters not regulated by State law. SECTION 381. Section 5611.1 is hereby added to read as follows: 5611.1 Permits. Permits shall be required as set forth in Section 105.6 and Ca li fornia Code of Regulations, Title 19, Division 1, Sections 1025-1026. SECTION 382. Section 5612.1 is hereby added to read as fo ll ows: 5612.1 Permits. Permits shall be required as set forth in Section 105.6 and California Code of Regulations, Tit le 19, Division 1, Sections 1034-1035. SECTION 383. Section 5701.4.1 is hereby added to read as follows: 5701.4.1 Plans. Plans shall be submitted with each application for a permit to store more than 5 ,000 gallons (18,925 L) of l iquids outside of buildings in drums or tanks. The plans shall indicate the method of storage , quantities to be stored, distances from buildings HOA.1 0271262 1.3 196 6.1.c Packet Pg. 376 and property lines, accessways , f ire -protection faci li t ies, and provisions for spill control and secondary co ntainment. SECTION 384. 5701.6 Section 5701.6 is hereby added to read as fo ll ows : Maintenance and operating practices. Ma i ntenance and operating practices shall be in accordance w it h estab li s hed procedures which w ill tend to contro l leakage and Ut:Jauthorized discharge of flammable or combustible li q uids. Spi l ls sha ll be cleaned up promptly. SECTION 385 . Section 5704 .2 .6.1 is hereby added to read as fo ll ows: 5704.2.6.1 Waste control. Waste liq u ids s hall be kept in a sump, tank, or receptacle approved for t his purpose . The waste must be disposed of in accordance with t he provisions of the Ca lifornia Hea lth a nd Safety Code , Division 20 , Chapte r 6.5, Hazardous Waste Control. SECTION 386 . Section 5704 .2 .8 .3 is hereby amended to read as fo ll ows: 5704.2.8.3 Secondary containment. Vaults shal l be substantia ll y l iquid tight and there sha ll not be backfi ll around the tank or within the va u lt. The vault floor shall drain to a sump. For premanufactured vau lts, li quid t ightness shall be cert if ied as part of the l:st in g prov ided by a natio na ll y recognized testing laboratory. For field-erected vaults liqu id tightness sha ll be certified in an approved manner. Second a ry c ontainment shal l be provide d for new installations of underground tanks and e x isting tanks with a breach in integrity . HOA.1 0271262 1.3 197 6.1.c Packet Pg. 377 SECTION 387. 5704.2.8.16.1 Section 5704.2.8.16.1 is hereby added to read as follows: System requirements. The fire protection system shall be a deluge type foam system, wh ich prov ides a minimum of .25 GPM (.9463 L) over the entire vault area. The minimum duration of the foam supply shall be 10 minutes. If a manua l system is provided, it must assume a maximum of 125 psi (861 .85 kPa) at the fire department connection. SECTION 388. Section 5704.2.9.1.1 is hereby added to read as follows: 5704.2.9.1.1 Required foam fire protection systems. All existing aboveground tanks exceeding 1,500 square feet (139.3546 m2 ) feet of liquid surface area used for the storage of Class I or Class II flammable liqu ids shall be provided with foam fire protection. Exceptions: 1. Tanks with floating roofs for storage of crude oi l exceeding 1,500 square feet (139 .3546 m2 ) of liquid surface area and less than 12,300 square feet (1 ,142 .7074 m2 ) of l iquid surface area shall have foam fire protection only for the seal area . 2 . Floating roof tanks or pressure tanks operating at or above one-pound-per square inch gauge. HOA.1 02712621.3 198 6.1.c Packet Pg. 378 SECTION 389. follows : 5704.2.9.6.1.3 Section 5704.2.9.6.1.3 is hereby amended to read as Location of tanks storing boil over liquids. Above-ground tanks for storage of liquids with boilover characteristics shall be located in accordance with Table 22.4.1.4 of NFPA 30. Shell-to-shell spacing between tanks shall not be less than the d iameter of the largest tank . SECTION 390. 5704.3.7 Section 5704.3.7 is hereby amended to read as follows: Liquid storage rooms. Liquid storage rooms shall comp ly with Sections 5704.3 .7.1 through 5704.3.7.~§. SECTION 391 . . 5704.3.7.6 Section 5704.3. 7.6 is hereby added to read as follows: Construction. The construction of liquid storage rooms sha ll be in accordance with the Buil di ng Code and have a minimum of one exterior wall having a door providing firefighting access. SECTION 392. Section 5706 .3 is hereby amended to read as fo llo ws : 5706 .3 Well drilling and operating. Wells for oil and natural gas shall be drilled and operated in accordance with Sections 5706.3.1 through 5706.3.8~. HOA.102712621.3 199 6.1.c Packet Pg. 379 SECTION 393. 5706.3.1 Section 5706.3.1 is hereby amended to read as follows : Location. The location of wells sha ll comply w ith Sections 5706.3.1.1 through 5706.3.1.~4. SECTION 394. Section 5706.3 .1.4 is hereby added to read as follows: 5706.3.1.4 Zoning regulations. The permit for any new well shall be issued only after the applicant has comp lied with applicable p lanning and zoning regulations. SECTION 395. Section 5706.3.9 is hereby added to read as fol lows: 5706.3 .9 Permits. For permits to drill, own , operate, or maintain an oil or natural gas well, see Section 1 05.6.16. No person shall dri ll , own , operate, or maintain any o il or natural gas well without first obtaining a permit. SECTION 396. Section 5706.4 is hereby amended to read as follows: 5706.4 Bulk plants or terminals. Portions of properties w here f lammable and combustib le liquids are received by tank vessels , pipelines, tank cars or tank vehicles and stored, transferred, or blended in bulk for the purpose of distribution by tank vessels, pipelines , tank cars, tank vehicles or containers shal l be in accordance with Sections 5706.4.1 t hrough 5706.4.1 0.4. HOA.1 0271 262 1.3 200 6.1.c Packet Pg. 380 SECTION 397. 5706.5.1 Section 5706.5.1 is hereby amended to read as follows: General. The provisions of Sections 5706.5.1.1 through 5706.5.1.4-Sjj! shall apply to bulk transfer and process transfer operations; Sections 5706.5.2 and 5706 .5.2.1 shall apply to bulk transfer operations; Sections 5706.5.3 through 5706.5.3.3 shall apply to process transfer operations and Sections 5706.5.4 through 5706.5.4.5§. shall apply to dispensing from tank vehicles and tank cars. SECTION 398. 5706.5.1.1 Section 5706.5.1.1 is hereby amended to read as follows: Location. Bulk transfer and process transfer operations shal l be conducted in approved locations. Tank cars shall be unloaded only on private sidings or railroad-siding facilities equipped for transferring flammable or combustible liquids. Tank vehicle s and tank cars engaged in bulk transfer or process transfer operations shall be separated from buildings, above-ground tanks , combustib le materials , lot lines, public streets, public alleys or public ways by a distance of 25 feet (7620 mm)1 00 feet (30,480 mm) for Class I liquids and 15 feet (4572 mm)25 feet (7,620 mm) for Class II and lilA liquids measured from the nearest loading or unloading valve on the tank vehicle or tank car. Exception: Buildings for pumps and shelters for personnel supporting transfer operations shall not be required to be separated from tank vehicles and tank cars engaged in bulk transfer or process transfer operations. HOA.1027 1262 1.3 2 01 6.1.c Packet Pg. 381 SECTION 399. Section 5706.5.1 .19 is here by ad ded to read as follo ws: 5706.5.1.19 Liquid transfer. Class I, II , o r Ill liquids shall be tra nsferred from a tank vehicle or tank car on ly into an approved atmosph eric tank or approved portab le ta nk, except as provided in Sections 5706.5.4.4 through 5706 .5.4.6. SECTION 400. Section 5706.5.4 is he reby amended to read as follows: 5706.5.4 Dispensing from tank vehicles and tank cars. Dispensing from tank vehicles and tank cars into the fuel tanks of motor vehicl es shall be prohib ited unless allowed by and condu cte d in accordance with Sections 5706.5.4.1 through 5706 .5.4 .6§.. SECTION 401. Section 5706.5.4.6 is hereby added to read as follo ws : 5706.5.4.6 Time limit for unloading and permit. Tank veh icl es and ra ilroad tan k cars sha ll be unloaded as soon as possib le after a rri va l at point of de li very an d sha ll not be use d as storage t an ks. Tank ca rs sha ll be unloaded o nl y on private sidings or railroad s idin g faci liti es equipped for t ransfe rring the liqui d between tank cars and permanent storage t anks. A perm it sha ll be re qui red fo r a tank ca r to remain on a s idin g at the point of delive ry while connected for t ransfer operat ion s . Transfer ope rations sha ll be in accordance with Department of Transportation ("DOT"') req uirement s a nd this code . HOA.1 027 12621.3 202 6.1.c Packet Pg. 382 SECTION 402. Section 5706.6.1 is hereby amended to read as follows: 5706.6.1 Operation of tank vehicles. Tank vehicles shall be utilized and operated in accordance with NFPA 385 and Sections 5706.6.1.1 through 5706.6.1 A-1-11.. SECTION 403. Section 5706.6.1.12 is hereby added to read as follows: 5706.6.1.12 Transfer of cargo. Class I, II, or Ill liquids shall not be transferred from a tank vehicle or tank car into the cargo tank of another tank vehicle or tank car. Exception: In an emergency, Class I, II, or Ill liquids may be transferred from a tank vehicle or tank car to the cargo tank of another tank vehicle or tank ca r when approved by th e fire code offic ial. SECTION 404. 6104.4 Section 6104.4 is hereby amended to read as follows: Multiple LP-gas container installations. Where one of these forms of protection is provided, the separation shall be not less than 25 feet (7,620 mm) between LP -gas container groups. At LP-gas multi-c ontainer installations, the aggregate capacity of the conta in ers shall be used to determine minimum distances to the buildings or adjoin ing property lines. HOA.1 02712621 .3 203 6.1.c Packet Pg. 383 SECTION 405. 6104.5 Section 6104.5 is he reby added to read as follows: Tank car and tank vehicle stations . Ta nk car and tank veh icl e bulk loading and unload ing stations shall be located not less than 100 feet from build in gs, sources of ignition, o r adjoini ng property lines that may be built upon. SECTION 406. Section 6104 .6 is hereby added to read as follows : 6104.6 Container orientation . Un less spec ia l protection is provided and approved by t he f ire code official, LP-gas containers sha ll be oriented so t hat the long it udina l axes do not point toward other LP-gas co nt ai ners, vital process equipment , control rooms, loading stations, or flammable liquid sto rage tanks. SECTION 407. 6106.1 Section 6106 .1 is he reby amended to read as follows: Attendants. Dispens ing of LP-gas shal l be performed by a q ua lified attendant. Self-service LP-gas dispensing open to the public is prohibited. SECTION 408. Chapter 81 is hereby added to read as follo ws: CHAPTER 81 AUTOMOBILE WRECKING YARDS 8101 GENERAL 8101.1 Scope. Automobi le wrecking yards shal l comp ly w ith the requ irements of Chapter 81. For rubbish handling operations , see C hapters 3 and 23. HOA.1 02712621 .3 204 6.1.c Packet Pg. 384 8102 DEFINITIONS 8102.1 Limited application. For the purposes of this chapter, the following term is defined: MOTOR VEHICLE FLUIDS are liquids which are flammable , combustible, or hazardous materials, such as crankcase fluids , fuel, brake fluids , transmission fluids, radiator fluids, and gear oil. This definition does not include liquids which are permanently sealed, such as hydraulic fluid within shock absorbers. 8103 PERMITS Permits to operate automobile wrecking yards are required . Permits shall be required as set forth in Sections 105.6 and 105.7. 8104 FIRE APPARATUS ACCESS ROADS Fire apparatus access roads shall be constructed and maintained throughout the site in accordance with Section 503 of this code. Aisles or passagewa ys shall be provided so as to allow fire department hose streams to reach all st ored items and material. 8105 WELDING AND CUTTING Welding and cutting operations shall be in accordance with Chapters 35 and 53 of this code. 8106 HOUSEKEEPING Combustible rubbish accumulated on the site shall be collected and sto red in approved containers, rooms , or vaults of non-combustible materials. Combustib le HOA.1 0271 2621.3 205 6.1.c Packet Pg. 385 vegetation , cut or uncut, shall be removed when determined by the fire code official to be a fire hazard. 8107 FIRE PROTECTION Offices, storage buildings , and vehicles used for site operations shall each be provided with at least one portable fire extinguisher with a rating of not less than 4-A: 40-B: C . When required by the fire code official, additional portable fire extinguishers shall be provided in specific use areas in accordance with Section 906. 8108 TIRES Tires shall be stored on racks in an approved manner or shall be piled in accordance with Chapter 34 and Section 315.4. 8109 BURNING OPERATIONS The burning of salvage vehicles and salvage or waste materials shall be in accordance with Section 307 and federal, State , or local air quality control regulations. 8 110 MATERIALS 8110 .1 MOTOR VEHICLE FLUIDS AND HAZARDOUS General. The storage , use , and handling of motor vehicle fluids and hazardous materials , such as those used to operate air bags and electrical systems, shall be in accord ance with Section 8110 and this code, including Chapters 23, 50 , and 57 . 8110.2 Motor vehicle fluids. Motor vehicle fluid s shall be drained from salvage vehicles when such fluids are leaking. S torag e and handling of moto r v ehicle fluids shall be done in an approved HOA.102 71 262 1.3 2 06 6.1.c Packet Pg. 386 manner. Flammable and comb ustible liquid s sha ll be stored and handled in accordance with this code, includin g C hapt ers 23 , 50 , a nd 57. 8110.3 Mitigation for vehicle fluid leaks. Supplies or e qui pmen t capab le of mitigating leaks of such fluids as those found in fu el tanks, cra nkcases, brake syst e ms, an d transmissions shall be kept available on- site. Sing le-use plug ging, diking , and absorbent materials shall be disposed of as hazardous waste an d removed from the si t e in a manner approved by federa l, State, or local requirements. 8110.4 Batteries . Batteries sha ll be removed from salvaged ve hicles when such batteries are compromised. Batteries th at have been removed from veh icles shall be st ored in an app ro ved manner. SECTION 409. Chapter 82 is here by added to read as follows: CHAPTER 82 INFRACTIONS 8201 GENERAL 8201.1 Offenses deemed infractions. In accordance with Section 11 0 .4 , the vio lation of th e f ollowing sections or subsections shall be infractions: I Section II Offense I j303.1 -303.9 IIAsphalt kettles I 1304.1.1 llwaste material 130 4.1 .2 llvegetation 1304 .2 llcombustible waste rubbish -storage 1305.2 IIHot ashes and spontaneous ignit ion sources HOA.102712621.3 207 6.1.c Packet Pg. 387 I Section II Offense 1310.4 II Removal "No Smoking" sign 1315 .3 .2 llstairway -storage under 1503.4 !!obstructing access roadway 1505.1 IIAddress identification 1507 .5.4-507.5.5 !!obstruction of f ire hydrants 1507.5.6 !!Physical protection-fire hydrants 1507.5.7 IIFi refighting water source markers 1507 .5.8 l!ldentification -private fire hydrant 1507.5.9 I!Private fire hydrant caps or plugs 1604.5 IIEiectrical extension cords I 1901.7 IIFailure to notify Fire Department I 1901.6.4.1 llsigns-aboveground water-control valves I 1901.6.4.2 !ILocks -aboveground water-control valves I 1901.6.4.3 I Identification -aboveground water-control valves 1906 .1 -906.10 IIFire extinguishers I 1912.8 llldentification -fire department connection I 1912.9 I Breaka~le caps or plugs -fire department connect1on 11009.9 !!Exit doors identification I 11010 .1.9.1 !IDoor-operating devices 12003 .2 II"No Smoking" signs within aircraft hange rs 12108.4 II Fire extinguisher-dry cleaning plant 12108.5 IINo smoking signs-dry cleaning plant 12311.2 .2 ll waste oil storage 12403 .2.7 I!Welding warning signs 12403.4 lloperations and maintenance 12403.4.3 IIMetal waste cans for rags and waste 12404.7.8 .5 IIFi lter disposal 12405.3.4 IIDip tank covers 12405.4.2 II Portable fire protection equipment 12406.5 IIMaintenance-powder coating I HOA.1 02712621.3 208 6.1.c Packet Pg. 388 I Section II Offense 12407 .5.1 IIMaintenance-electrostatic apparatus 12407.5.2 llsigns -"Danger" 12408.5 llsources of ignition (organic pero x ides) 12505 .1 IIHousekeeping-fruit ripening room 12803.3.1 IILumber yards -housekeeping 12803.3.3 llcombustible waste 13103.12.6.1 IIExit sign illumination 13107 .18 IIVegetation removal 13 60 3.2 llopen flame device -boat or marina 13603.4 IIRubbish containers -marina 13604.4 IIPortable fire extinguishers -marinas 14811 .9 I Fire Department a ccess-motion picture production locations 14811.12 I Bloc~ed or obstructed fire hydrants and applian ces 15003 .5 II Hazardous materials signage I 15003 .7 .1 IINo smoking signs -hazardou s mat e rials I 15004 .11 I Combustible materials clearance -hazardous materials storag e 15005 .3.8 I Combustible materials clearance-hazardous materials use 1530 3 .4 IIMarkings -compressed gases I 15303 .5 !!security -compressed gases I 15701 .6 I Maintenance and operating practi ces- flammable a nd combustible liquids 15704 .2.3.1 II "No smoking" sign I 15704 .3.3.4 II Empty containers I 16107.2 II"No smoking" signs -LPG contain er I 16107.3 I Com~ustibl e material clearance LPG conta1ner 18104 IIAuto wre cki ng yards -f ire apparatu s a cce ss I H OA.1 02712621 .3 20 9 6.1.c Packet Pg. 389 8201.2 Penalties for infractions. Every violation determined to be an infraction is punishable by a fine not to exceed $100 for the first violation, $200 for the second , $500 for the third, and $500 for each additional violation of the same ordinance within one year. Each such violation is a separate offense for each and every day during any portion of which such violation is comm itted or allowed to continue. For the purposes of this section a forfeiture of bail shall be equ ivalent to a conviction. SECTION 410. Chapter 83 is hereby added to read as follows: CHAPTER 83 CONSOLIDATED FIRE PROTECTION DISTRICT OF LOS ANGELES COUNTY FIRE CODE 8301 FIRE CODE ADOPTED Title 32 (Fire Code) of the Los Angeles County Code is hereby adopted and incorporated herein by reference at this point as if set forth at length herein as the Fire Code for the Consolidated Fire Protection District of Los Angeles County (District). A copy of Title 32 of the Los Angeles County Code has been filed in the Executive Office of the Board of Supervisors and shal l be at all times maintained by the executive office for use and inspection by the public. 8302 AREAS REGULATED The District finds and declares that this code does not occupy the whole area of any subject matter regulated or covered therein except where this code expressly states its intent to occupy the whole area of any subject matter regulated or covered therein . HOA.1 027 1262 1.3 210 6.1.c Packet Pg. 390 Thus, in enacting this ordinance, it is not the intent of the District to preempt or otherwise nullify any other local ordinance containing different standards and protections . 8303 APPLICABILITY Except as provided in California Health and Safety Code Section 13869._7 , this code shall apply to, and be enforceable in, all areas , including cities and unincorporated areas, served by the District. All references in this code to the California Building Code , Residential Code, Mechanical Code, Plumbing Code, Green Building Standards Code, Fire Code, and Electrical Code shall mean the appropriate legally applicable code adopted by each incorporated city that is a part of the District, or receives services from the District. SECTION 411. follows: 8103.3 Appendix B, Section B103.3 is hereby amended to read as Areas without water supply systems. For information regarding water supplies for fire fighting purposes in rural and suburban areas in which adequate and reliable water supply systems do not exist , the fire code official is authorized to utilize NFPA 1142.This section shall only apply to buildings equipped with a fire sprinkler system. Parcels that are located outside the service boundary, above the existing pressure zone, or more than 2,000 linear feet (609.6 m) from an existing water main of a water purveyor may provide an on -site water supply, when approved by the fire code official. For one-family dwellings the water supply shall be in accordance with Table B1 03 .3 . For other than one-family dwellings, HOA.102712621.3 211 6.1.c Packet Pg. 391 the water supply sha ll be in accordance with the N FPA 1142 or N FPA 13 water supply requirement, whichever is greater. SECTION 412. Appendix 8, Table 8103.3 is hereby added to read as follows: TABLE 8103.3 TANK SIZES FOR ONE-FAMILY DWELLINGS FIRE-FLOW CALCULATION AREA TANK SIZE 0-3,600.square feet 7,500 gal 3 ,601-5,999 square feet 10 ,000 gal 6 ,000 square feet and greater 12,500 gal SECTION 413. Appendix 8, Section 8104.2 is hereby amended to read as follows : 8104.2 Area separation. Portions of buildings that are separated by fire walls without openings, constructed in accordance with the California Building Code, are a llowed to be considered as separate f ire -f low calcu lation areas . Fire barriers or fire partitions cannot be used to create separate f ire-flow calculation areas. HOA.1027 1262 1.3 2 12 6.1.c Packet Pg. 392 SECTION 414. Appendix 8 , Section 8105.1 is hereby amended to read as follows: B105.1 One-and two-family dwellings, Group R-3 and R-4 buildings and townhouses. The minimum fire-flow and flow duration requirements for one-and two-fami ly dwellings , Group R-3 and R-4 buildings and townhouses shall be as specified in Tables 8105.1(1) and 8105.1(2). Exception: The minimum fire-flow fo r one-and two-family dwe lli ngs , and Group R -3 buildings located in a fire hazard zone shall not be less than 1,250 gallons (15 , 141.6 Lim in) per minute for a 1-hour duration at 20 psi (138 kPa). SECTION 415. Appendix 8 , Table 8105.2 is hereby amended to read as follows: TABLE B105.2 REQUIRED FIRE FLOW FOR BUI LDI NGS OTHER THAN ONE-AND TWO- FAMILY DWELLINGS, GROUP R-3 AND R-4 BUILDINGS AND TOWNHOUSES AUTOMATIC SPRI NKLER SYSTEM MINIMUM FIRE-FLOW FLOW DURATION (Design Standard) (gallon s per minute) (hours) No automatic sprinkl er system Val ue in Table B 105 .1 (2 ) Duratio n in Table 81 05.1(2) Secti on 903 .3.1.1 or Secti on 903.3 .1 .2 of 2-a50 % of th e v alue in Durat io n in T ab le B 105.1 (2) at the th e California Fire Code Table B 105.1(2)a reduced fl ow rate Sectio n 903.3.1.2 of tho Ca !ifomia Fire 25% of the va lu e in Table B Du rati o n in T ab le B 105.1 (2) at t ho .cooe 10 5.1(2)9 rec:luce€1 fl ow rate For Sl : 1 ga ll on pe r minute= 3.785 Lim . a . The reduced fire flow shall be not less tha n -i,{)001 ,500 gall ons pe r minute. b. Th o rec:l uco€1 fire fl ow s hall be not los s than 1 ,500 ga ll ons per rninut~ HOA.1 027 12621.3 2 13 6.1.c Packet Pg. 393 SECTION 416. follows: 8105.4 Appendix 8, Section 8105.4 is hereby added to read as Mobilehome Parks. The required fire-flow for mobilehome parks sha ll be 1 ,2 50 gallons per minute (4,731.765 Llmin), 2,000 gallons (7,570.824 Llmin) per minute in the High Fire Hazard Severity Zones , for a duration of one hour and with public hydrant spac ing of not more than 600 feet (182.88 m) apart. For recreational buildings located within a mobilehome park, the fire-flow and duration shall be according to the fire-flow calcu lation area set forth in Table 8105.1(2). SECTION 417. Appendix 8, Section 8105.5 is hereby added to read as fo llo ws: 8105.5 Land subdivision projects. For the subdivision of undeveloped land for other than single-family dwe llings , due to the undetermined bui ldin g size and type of construction, the required fire flow sha ll be 4,000 gallons per minute (15, 141.6 Lim in) for a duration of four hours with public hydrant spacing of 300 feet (91.44 m). The requ ired fire-flow for the subdivision of land consistin g of lots having existing structures shall be in accordance with Table 8105 .1 (2) for fire-flow and duration . HOA .1 02712621.3 214 6.1.c Packet Pg. 394 SECTION 418. follows: C101.1 Appendix C, Section C1 01.1 is hereby amended to read as Scope. In addition to the requirements of Section 507.5.1, fEire hydrants shall be provided in accordance with this appendix for the protection of buildings, or portions of buildings, hereafter constructed or moved into the jurisdiction. Exception: [SFM] Group B, S-2 and U occupancies having a floor area not exceeding 1, 000 square feet, primarily constructed of non-combustible exterior walls with wood or steel roof framing, having a Class A roof assembly, with uses limited to the following or similar uses: 1. California State Parks buildings of an accessory nature (restrooms). 2. Safety roadside rest areas, (SRRA), public restrooms. 3. Truck inspection facilities, (T/F), CHP office space and vehicle in spection bays. 4. Sand/salt storage buildings, storage of sand and salt. SECTION 419. follows: Appendix C, Section C1 02 is hereby amended to read as C102 NUMBER OF FIRE HYDRANTSLOCATION HOA.102712621.3 2 1 5 6.1.c Packet Pg. 395 SECTION 420. follows: C102.1 hydrant locations. Appendix C, Section C1 02.1 is hereby amended to read as Minimum number of fire hydrants for a buildingFire The number of fire hydrants availab le to a building shall be not less than the minimum specified in Table C1 02 .1 Fire hydrants shall be provided at intersections and along required fire apparatus access roads and adjacent public streets. SECTION 421. Appendix C , Section C1 02.2 is hereby added to read as follows: C102.2 Location on street. Pub lic hydrants shall be required on both sides of the street whenever streets are 64 feet or greater in width containing four or more traffic lanes or have raised median center dividers that make access to hydrants difficult, cause time delays, and/or create an undue hazard as determined by the fire code official. SECTION 422. Append ix C, Section C1 03 is hereby amended to read as follows: C103 C103.1 FIRE HYDRANT SPACINGNUMBER OF HYDRANTS Hydrant spacingFire hydrants available. Fire apparatus access roads and public streets providing required access to buildings in accordance with Section 50 3 shall be provided with one or more fire hydrants, as determined by Section C1 02.1. VVhere more than one fire hydrant is required, the distance behveen required fire hydrants shall be in accordance with HOA.1 02712621 .3 216 6.1.c Packet Pg. 396 Sections C103.2 and C103.3The minimum number of fire hydrants available to a building , complex or subdivision shall not be less than that determined by the spacing requirements in Sections C1 05 and C1 06 when applied to fire apparatus access roads and perimeter public streets from which fire operations could be conducted. SECTION 423. Appendix C, Section C103.2 is hereby deleted as follows: C103.2 Average spacing. The average spacing between fire hydrants sha ll be in accordance with Table C102.1 . Exception: The average spacing shall be permitted to be increased by 1 0 percent vvhere existing fire hydrants provide all or a portion of the required number of fire hydrants. SECTION 424. Appendix C, Section C1 03.3 is hereby deleted as follows: C103.3 Maximum spacing. The maximum spacing between fire hydrants shall be in accordance with Table C102.1. SECTION 425. follows: C104.1 Appendix C, Section C1 04.1 is hereby amended to read as Existing fire hydrants. Existing fire hydrants on public streets are allowed to be considered as ava ilabl e to meet the requirements of Sections C102 and C103. Existing fire hydrants on ad j acent properties are a llowed to be considered as ava ilabl e to meet the requirements of Sections C1 02 and C1 03 provided that-a fire apparatus access road§....extends HOA.1 02712621.3 2 17 6.1.c Packet Pg. 397 between properties an d that an easeme n t~ ffia re estab lis hed to prevent obst ruct ion of such roads. SECTION 426. Append ix C, T ab le C 1 02.1 is hereby d elet ed in entiret y as fo ll ows: TABLE C102.1 REQUIRED NUMBER AND SPACING OF FIRE HYDRANTSI'l MINIMUM MAXIMUM DISTANCE FROM FIRE FLO~:"! AVERAGE SPACING NUMBER ANY POINT ON STREET OR REQUIREMENT BETl.1\'EEN OF ROAD FRONTAGE TO A (gpm) HYDRANTS~ HYDRANTS MYDRANT~fr9 (feet) ~ ,79G sF less 4-WG ~ ~ ,79~ ~.~9G ~ 4W ~ 0 0&::1 0 71=::(') d 4W ~ ... , ........ ... , 'V 'V ~.79~ d,~9G d 400 ~ d,29~ 4,GGG 4 dW ~ 4 ,GG~ 9,GGG ~ dOO 4-W 9 ,GG~ 9 ,9GG 9 dOO 4-W 9,9G~ e,GGG 9 ~ 4-W e,GG~ 7,GGG ~ ~ 4-W 7,GG~ SF FnSFe g SF FnSFee 2:GG 4-2G For Sl : 1 foot 30 4.8 mm, 1 gallon per minute 3.785 L/m. a. Reduce by 100 feet for dead end streets or roads. b. Where streets are provided with median dividers that cannot be cros sed by fire fighters pu ll ing hose l ines, or where arteria l streets are previGed-with four or more traffic lanes and have a traffic count of more than 30,000 vehic les per day, hydrant spacing sha l l average 500 feet on each side of tho street and HOA.1 02712621 .3 218 6.1.c Packet Pg. 398 I!:IDI:' _I: I 1"\\111 MINIMUM MAXIMUM DISTANCE fROM AVERAGE SPACING .. 1~11 11\IU:::ti:D ANY POINT ON STREET OR REQUIREMENT -·--·' BETV\'EEN ~ ROAD fRONTAGE TO A (gpm) HYDRANTS~ HYDRANTS MYDRANTe,f.9 {feet} be arranged on an alternatmg bas1s . c. VIJhere new water mains are extended along streets where hydrants are not needed for protection of structures or similar fire problems, fire hydrants shall be provided at spacing not to exceed 1 ,000 feet to provide for transportation ha zards. d. Red uce by 50 feet for dead end streets or roads. e. One hydrant for each 1,000 gallons per minute or fraction thereof. f. A 50 percent spacing increase shall be permitted where the building is equipped throughout 'Nith an approved automatic sprinkler system in a ccord an ce with Section 903.3.1.1 of the California Fk·e Code . g. A 25 percent spacing increase shall be permitted where the building is equipped throughout with an approved au tomatic spri nkler system in accordance with Section 903 .3.1 .2 or 903.3.1.3 of the Cahifornia Fire Code or Section P2904 of the California Residential Code . h. The fire code official is authorized to modify the location, number and distribution of fire hydrants based on site specific constraints and hazards. SECTION 427. Append ix C, Section C1 05 is hereby amended to read as fo ll ows : C105 REFERENCED STANDARDDISTRIBUTION OF FIRE HYDRANTS ~IBC 18 International Res identia l Code Table C102.1 SECTION 428. Appendix C, Section C1 05.1 is hereby added to read as fol lows: C105.1 Hydrant spacing. Fire hydrants sha ll be spaced in accordance w it h Sections C1 05 .2 through C105.4. SECTION 429. Appendi x C, Section C1 05.2 is hereby added to read as follows: HOA.1 02712621.3 219 6.1.c Packet Pg. 399 C105.2 One-and two-family dwellings, and Group R-3 buildings. For one-and two-fami ly dwellings, and Group R-3 buildings , fire hydrants shall be spaced no more than 600 feet (182.88 m) apart. For properties with more than one dwelling unit per acre, no portion of lot frontage should be more than 450 feet (137 .16 m) away, via f ire apparatus access , from a public hydrant. For properties less than one dwelling unit per acre, no portion of a fire apparatus access roadway shall be farther than 750 feet (228 .6 m) away, via fire apparatus access, from a properly spaced public hydrant that meets the required fire-flow. SECTION 430. Appendix C , Section C1 05.3 is hereby added to read as follows: C105 .3 Buildings other than one-and two-family dwellings, and Group R-3 buildings. For all occupancies other than one-and two-family dwellings, and Group R-3 bui ldings, including commercial , industrial , multi-family dwe l lings, private schoo ls , and institutions, fire hydrant spacing shall be 300 feet (91.44 m). No portion of lot frontage shall be more than 200 feet (60 .96 m), via fire apparatus acces s, from a public hydrant. No portion of a building shall be more than 400 feet (121.92 m), via fire apparatus acc ess , from a properly spaced public hydrant. HOA.102712 62 1.3 2 20 6.1.c Packet Pg. 400 SECTION 431. follows : Appendix C, Section C1 05.4 is hereby added to read as C1 05.4 Cul-de-sac hydrant location. When cul -de-sac depth ex ceeds 450 feet (137 .16 m) (residential) or 200 feet (60.96 m) (commercial), hydrants shall be required at mid-block. Additional hydrants will be required if hydrant spacing exceeds specified distances in Sections C1 05.2 and C105 .3 . SECTION 432. follows : C106 C106.1 Appendix C Section C1 06 is hereby added to read as ON -SITE HYDRANTS Required on-site hydrants. When any portion of a proposed structure exceeds the allowable distances from a public hydrant, via fire apparatus access , on-site hydrants shall be provided. The spacing distance between on-site hydrants shall be 300 to 400 feet (91.44 to 121 .92 m). All on-site fire hydrants shall have, at a minimum, a fire-flow of 1,250 gallons per minute (4 ,732 Llmin) at 20 psi (137 .895 kPa) for a duration of two hours. If more than one on- site fire hydrant is required , the fire flow shall be 2 ,500 gallons per minute (9,463.53 L/min) at 20 psi (137.895 kPa) for a duration of two hours. All on-site hydrants shall be installed a minimum of 2 5 feet (7,620 mm) from a structure or protected by a two-hour firewall. Exception: For fully sprinklered multifamily residential structures , on-site hydrants may be install ed a minimum of 10 f eet (3 .05 m) from th e stru cture . H OA.10271262 1.3 22 1 6.1.c Packet Pg. 401 SECTION 433. follows : 0101.2 Appendix 0, Section 0101.2 is hereby amended to read as Permits. An place of assembly operational permit shall be required feft.o operate temporary amusement haunted houses, ghost walks, or similar amusement uses in accordance with Appendix 0101.2. SECTION 434. Appendix 0 , Section 0101.2.1 is hereby amended to read as follows: 0101.2.1 Permit documents. The permit applicationapplicant shall submit construction documents for approval which include, at a minimum, a dimensioned site plan and floor plan. SECTION 435. follows: 0101.3 approval. Appendix 0, Section 0101 .3 is hereby added to read as Jurisdictional building and planning department Approval to operate a temporary amusement haunted house or similar use or to change the approved use of an existing building, or portion thereof, for temporary amusement haunted house or similar use shall be approved by the jurisdictional building official and planning official prior to the Fire Department's fin al co nstruction approval and issuance of an operational permit. HOA.102712621.3 222 6.1.c Packet Pg. 402 SECTION 436. follows: Appendix 0 , Section 0102.2 is here by amended to read as 0102.2 TEMPORARY AMUSEMENT HAUNTED HOUSE. A temporary building or structure, or portion thereof, wh ich contains a system that transports passengers or provides a walkway through a course so arranged that th e means of egr esses are not apparent due to theatrical distractio ns, not visible due to low illumin ation , are disguised or are not readily available due to the method of transportation through the building or structure. These are usually used during the Halloween season for amusement or entertain ment purposes where decorative material s, props, visual effects, or audio effects are utili zed to create theatri cal environment. A temporary am usement hau nted house may be deemed a special amuseme nt bu ilding by the fire code official depending o n the floor plan layo ut , lighting, o r visual d i stractions used and the effects tho se eleme nts have on ide nt ifyi ng a nd accessi ng the means of egress in the eve nt of a fire o r a n emerge ncy. SECTION 437. Appendix 0, Section 0102.3 is he reby amended to read as follows: 0102.3 GHOST WALKS. Sim ilar to temporary amuseme nt haunted houses and may include both indoor and outdoor areas where the means of egresses are simila rly not readily identifiable used for amusement or e ntertainment purposes . HOA.1027 1262 1.3 223 6.1.c Packet Pg. 403 SECTION 438. follows: 0102.4 Appendix 0, Section 0102.4 is hereby added to rea d as TEMPORARY. Temporary shall mean amusement use of buildings or structu res, or portion thereof, at one loca tion f o r not more than 90 days with in a one-year period. ·SECTION 439. Appendix 0, Section 0102.5 is hereby added to read as follows: 0102.5 SPECIAL AMUSEMENT BUILDING. Any temporary or permanent building or portion thereof that is occupied for amusement, entertainment, or educational purposes, a nd that contains a device or syst em that conveys passenge rs or provides a w a lkway along , around , or over a course in any direction so arra nged that the mea ns of egress path is not readily apparent due t o visual or audio distractions or is intentiona ll y confounded or is not rea dil y ava il ab le because of the nature of the attraction or mode of conveyance through the building or structure. SECTION 440 . follows: 0103.1 Appendix 0, Section 0 10 3.1 is hereby ame nd ed to read as Allowable structures. Tempo rary am useme nt l=lb.aunted houses, ghost walks, and sim ilar amusement uses which meet the definition of a Special Amusement Bu il ding sh all on ly be located in structure s that comply with the provisions for Specia l Amusement Buildings in HOA.1 02712621.3 22 4 6.1.c Packet Pg. 404 accordance with the California Building Code , and any applicable requirements in the County Code. SECTION 441. follows : 0103.7 Appendix 0 , Section 0103.7 is hereby amended to read as Fire protection. Temporary amusement M.b.aunted houses-aAfi.J. ghost walks, and similar amusement uses which meet the definition of a Special Amusement Building sha ll be provided with fire protection systems in accordance with Appendix 0 103. 7. SECTION 442. as follows: 0103.7.2 Appendix 0, Section 0103.7.2 is hereby amended to read Fire detection systems. An approved automatic fire detection system shall be provided in accordance with Section 907.2.4-21.1, as required for Special aAmusement bBuildings. SECTION 443. Appendix 0 , Section 0103.7.3 is hereby amended to read as follows : 0103.7.3 Alarm. Activation of any single smoke detector, the fire sprinkler system, or other automatic fire detection device shall be in accordance with Section 907.2.4--211.1. HOA.102712621.3 225 6.1.c Packet Pg. 405 SECTION 444. as follows: 0103.7.4 Appendix 0, Section 0103.7.4 is hereby amended to read Emergency voice alarm. Provide an emergency voice/alarm communication system in accordance with Section 907.2.~11 .3 as required for Special aAmusement 9Buildings. SECTION 445. follows: 0103.9 Appendi x 0 , Section 0103.9 is hereby amended to read as Decorative materials and interior finishes. Interior wall, ceiling, and floor finishes shall be Class A rated in accordance with the California Building Code, and any applicable requirements in the County Code. SECT ION 446. Appendi x 0, Section 0103.15 is hereby amended to read as follows: 0103.15 Maintenance. Good housekeeping shall be maintained at all times throughout exhibit and exit pathways. The means of egress system shall not be obstructed during event operation. HOA.1 027 1262 1.3 226 6.1.c Packet Pg. 406 SECTION 447. APPENDIX P ZONES P101 Appendix P is hereby added to read as follows: LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY GENERAL · P101.1 Scope . This append ix defines Local Agency Very High Fire Hazard Severity Zones and provides the legal description of the geographic areas for the in stallation of fire sprinkler systems in occupancies as required by Section 903.2.11.7. P1 01.2 DEFINITIONS See Chapter 49 for definitions. P1 02 LOCAL AGENCY VERY HIGH FIRE HAZARD SEVERITY ZONES P102.1 General. Local Agency Very High Fire Hazard Severity Zones, as defined in Section 4902 .1 of th is code, are hereby designated in those areas as specified in Sections P102.2 and P102.3 of Appendix P . Also see Chapter 49. P102.2 Designation of Local Agency Very High Fire Hazard Severity Zones (VHFHSZ) in inco r porated ci ties of the Conso lidated Fire Protection District of Los Ange les County. The following incorporated cities are designated as being located whol ly or in part in the Local Responsibility Area Ve ry High Fire Hazard Seve rity Zone: Agoura Hills, Az usa, Bradbury, Cal a ba sa s, Claremont, Covina , Diamond Bar, Duarte , HOA.1 027126 21.3 22 7 6.1.c Packet Pg. 407 Glendora, Hidden Hills, Irwindale, La Canada Flintridge, La Habra , La Mirada, Malibu, Palmdale, Palos Verdes Estates, Pomona, Rancho Palos Verdes, Rolling Hills, Rolling Hills Estates, San Dimas, Santa Clarita, Walnut, Westlake V illage, and Whittier. P1 02.3 Designation of Local Agency Very High Fire Hazard Severity Zones (VHFHSZ) in unincorporated areas of Los Angeles County. The following unincorporated areas located near th e following jurisd ictions are designated as being located wholly or in part in the Loca l Responsibi lity Area Fire Hazard Severity Zones: Angeles National Forest, City of Hidden Hil ls, parcels between the City of Agoura Hills and the City of Calabasas, Santa Monica Mountains, parcels south of the City of D iamond Bar, parcels north of the City of Whittier, San Dimas, Covina , West Covina, parcels located east of the Cities of Covina and West Covina, Universal City, parcels west of Ro ll ing H i lls, Baldwin Hills, Catalina Island , Claremont, Claremont Island, Glendora, Azusa , La Habra Heights, Whittier, West Hills and Valley Boulevard, the Malibu-Santa Monica Mountains A rea, and the San Gabriel Mountains Southface Area. P102.4 Parcel identification. All map and parcel identification, fire hazard severity zone designation, and other information for those areas as specified in Sections P1 02.2 and P1 02.3 shall be accessible to property owners and the public at a Fire Department's fire prevention e ng ineering unit office or at the Forestry Division's fuel modification unit office. HOA.102712621.3 228 6.1.c Packet Pg. 408 P102.5 Periodic review. The fire code official shall periodically review the areas in the Consolidated Fire Protecti o n District of Los Angeles Co unty ide ntified as Fire Ha za rd Severity Zones pursuant to this section , and as necessary, make reco mm e nd ation s to revise the Fire Hazard Severity Zones. See California Government Code Sections 5 1175 through 51189. P103 MALIBU-SANTA MONICA MOUNTAINS AND THE SAN GABRIEL MOUNTAINS SOUTHFACE AREAS P103.1 General. Malibu-Santa Monica Mountains and th e San Gabrie l Mountains Southface Areas are hereby designated in th ose a reas as specifi ed in Sections P1 03.2 a nd P1 03 .3 of Appendix P. Also see Section 903.2.11.7. P103.2 Malibu-Santa Monica Mountains Area. Beginning at a point where the Los Angeles County-Ventura Co unty boundary lin e meets the Pac ific Ocean means high tide lin e. Th is being th e tru e po int of beginning. Then ce, north easterly a long sa id Los Angeles Co unty boundary lin e and a ll its various courses to the C ity of Los Angeles boundary lin e along t he south erly lin e of Secti on 9, Township 1 North, Range 17 West , San Bernardino Base Meridian. The nce, southeasterly along said c ity boundary and al l its vario us cou rses to the Pacific Ocean mean hi gh t id e lin e . Thence, westerly a long said mean high tid e line and a ll it s vario u s cou rses to t he point of th e beginning. HOA.1 02712621 .3 229 6.1.c Packet Pg. 409 P103.3 San Gabriel Mountains Southface Area. Beginning at a point where Interstate 5 Freeway and Latitude 34 degrees, 21 minutes (Northern Hemisphere) intersect. This being the true point of beginning. Thence, east along said Latitude of 34 degrees, 21 minutes to the Los Angeles County- San Bernardino County boundary line. Thence, south along the Los Angeles County Boundary to State Highway 30 (Baseline Road). Thence , west on State Highway 30 to Interstate Freeway 210 , along Interstate 210 Freeway to the Interstate 5 Freeway. Thence, north on said Interstate 5 Freeway to the point of beginning. SECTION 448. Appendix Q is hereby added to read as follows: APPENDIX 0 FEE SCHEDULE 0101 FIRE PREVENTION DIVISION FEES The applicant shall pay the fee shown in this section, as appropriate. 0101.1 Permit fees. All permits require a plan submittal/review, approval and a field inspection . 0101.1.1 General permit fees. PERMIT FEES Proposed Activity Fee 1 Activities in Wildfire Risk Areas $ 332 .00 2 Aerosol Products $ 332.00 3 Amusement Buildings $ 332.00 4 Automobile Wrecking Yard $ 332 .00 5 Aviation Facility $ 332.00 6 Bonfires $ 332.00 7 Carbon Dioxide Systems used in Beverage Dispensing $ 332.00 Applications 8 Carbon Dioxide Enrichment Systems $ 332.00 9 Carnival and Falr Requirements $ 332 .00 10 Cellulose Nitrate Fi lm $ 332.00 HOA.1027 1262 1.3 2 30 6.1.c Packet Pg. 410 PERMIT FEES Proposed Activity Fee 11 Combustible-Dust Produ cing Operations $ 332.00 12 Combustible Fibers $ 332.00 13 Commercial Rubbish Handling Operation $ 332.00 14 Compressed Gases $ 332.00 15 Covered Mall Buildings $ 332 .00 16 Cryogenic Fluids $ 332.00 17 Cutting and Welding Permit $ 332.00 18 Dipping Operations $ 332 .00 19 Dry Cleaning Plants $ 332.00 20 Emergency Helicopter Landing Facility (EHLF) for High-Rise $ 332.00 Buildings 21 Energy Storage Systems $ 332.00 22 Exhibits and Trade Shows $ 332 .00 23 Exr:>_losives $ 332.00 24 Fire Hydrants and Valves $ 332 .00 25 Fireworks Display $ 332 .00 26 Flammable or Combustible Liquids $ 332.00 27 Floor Finishing $ 332 .00 28 Fruit and Crop Ripening $ 332.00 29 Fumigation/Thermal Insecticidal Fogging $ 332.00 30 Hazardous Production Materials $ 332.00 31 Hazardous Production Materials Facilities $ 332.00 32 Hazardous Materials $ 332 .00 33 High-Piled Combustible Storage $ 332.00 34 Hot Work Operations $ 332.00 35 Industrial Ovens $ 332 .00 36 Liquid-Gas-Fueled Vehicles or Equipment $ 332.00 37 LP Gas ·. $ 332 .00 38 Lumber Yard and Woodworking $ 332.00 39 Magnesium $ 332.00 40 Miscellaneous Combustible Storage $ 332 .00 41 Model Rockets $ 332 .00 42 Motor-Fuel Dispensing Facilities $ 332.00 43 Oil and/or Natural Gas Wells $ 332.00 44 Open Burning $ 332.00 45 Open Flames and Candles $ 332 .00 46 Open Flames and Torches $ 332 .00 47 Organic Coating $ 332.00 48 Pallet Yards $ 332 .00 49 Parade Flo at $ 332.00 H OA.102 71 2621.3 231 6.1.c Packet Pg. 411 PERMIT FEES Proposed Activity Fee 50 Places of Assembly $ 332.00 51 Plant Extraction Systems $ 332.00 52 Privately Contracted Private Fire Prevention Resources $ 332.00 53 Private Fire Hydrants $ 332.00 54 Pyrotechnic Special Effects Materials $ 332.00 55 Pyroxylin Plastics $ 332.00 56 Radioactive Materials $ 332.00 57 Recreational Fires $ 332.00 58 Refrigeration Equipment $ 332.00 59 Repair Garage/Automotive/Marine/Fleet Fuel Dispensing $ 332.00 60 Rifle Range $ 332 .00 61 Special Events $ 332 .00 62 Spraying or Dipping $ 332.00 63 Storage of Scrap Tires and By-Products $ 332.00 64 Tank/Cistern $ 332.00 65 Tank Removal $ 332.00 66 Temporary Sales Lots $ 332.00 67 Temporary Tents, Canopies, Membrane Structures $ 332.00 68 Tire Rebuilding Plants $ 332.00 69 Tire Storage $ 332.00 70 Waste Handling $ 332.00 71 Wood Products $ 332 .00 Q101.1.2 Film and Production Permit Fees. Q101.1.2 .1 Permit Fees. FILM AND PRODUCTION PERMIT FEES Permit Type Fee 1 Film $ 282.00 2 Still Photography $ 277.00 3 Special Effects $ 288.00 4 Fuel Truck $ 208.00 HO A.1 0271262 1.3 232 6.1.c Packet Pg. 412 Q101.2 Plan Review Fees. Q101.2.1 Building Plan Review Fees. BU I LDING P LAN REVIEW Type of Review Fee 1 DwellinQ , one-and two-family $ 491.00 2 Multifamily residence $ 6 75.00 3 Commercial (8, F , S , M) $ 6 75.00 4 Assembly occupancy $ 613.00 5 Educational /institutional occupan cy $ 920.00 6 Haza rdous occupancy $ 797 .00 7 High-rise buildings over 75 feet in heiQht $ 1,472.00 8 High-piled combustible storaQe $ 491.00 9 Site plan review-water and access $ 491.00 10 Hazardous materials review ( 1-50 chemicals) $ 675.00 11 Hazardous materials review(> 50 chemicals) $ 11104.00 HOA.1027 1262 1.3 2 33 6.1.c Packet Pg. 413 Q101.2.2 Fire Sprinkler System Plan Review Fees. SPRINKLER PLAN REVIEW Type of Sprinkler System Plan Fee 1 NFPA 130 fire sprinkler systema: one-or two-family dwelling $ 491.00 2 NFPA 13R fire sprinkler systema: multifamily dwellings $ 613 .00 3 NFPA 13 fire sprinkler systema: :::;; 100 heads per sy-stem $ 491.00 4 NFPA 13 fire sprinkler systema: > 100 heads per system $ 736.00 5 Tenant Improvements to NFPA 13 fire sprinkler systema: :::;; 20 $ 245.00 heads with/without calculation 6 Tenant Improvements to NFPA 13 fire sprinkler systema: > 20 $ 368.00 heads and :::;; 100 heads with/without calculation 7 Tenant Improvements to NFPA 13 fire sprinkler systema: >1 00 $ 613.00 heads with/without calculation 8 Underground fire protection systema: single hydrant or single riser $ 307.00 connection 9 Underground fire protection systema: ;::: 2 connections for hydrants $ 491.00 and/or risers 10 Standpipe systema (class 1,11, & Ill) $ 491.00 11 Water storage tank $ 491.00 12 Special hazard fire extinguishing foam water spray nozzle systema $ 491.00 13 Fire pump $ 613.00 a.see NFPA 13 (2016 edition), A3.3.23 Sprinkler System, for explanation of separate systems. Q101.2.3 Fire Alarm System Plan Review Fees. ALARM PLAN REVIEW Type of Review Fee 1 Emergency responder radio coverage $ 982.00 2 Fire sprinkler monitoring system $ 245.00 3 Fire alarm system: ::5 .10 devices $ 245.00 4 Fire alarm system: 11-50 devices $ 429.00 5 Fire alarm system: 51-90 devices $ 613.00 6 Fire alarm system: 91-130 devices $ 736.00 7 Fire a larm system: > 130 devices $ 859 .00 8 Special extinguishing systems: C02, foam , clean agent $ 368.00 HOA .102 712621.3 234 6.1.c Packet Pg. 414 Q101 .2.4 Miscellaneous Plan Review Fees. MISCELLANEOUS PLAN REVIEW Type of Review Fee 1 Alternative materials, design and methods of construction and $ 480.00 equipment 2 Additional plan review after initial review and one resubmittal (per $ 123.00 hour) 3 Expedited review (each two hours+ initial fee) $ 245.00 4 Pre-submittal meeting (initial two-hours) $ 245 .00 5 Plan review time (per hour) for modifications, re-stamp (minimum $ 123 .00 1-hour) Q 101.3 In specti on Fees. Q 101.3.1 New Constructi on Field I nspection Fees. NEW CONSTRU CTIO N I NSPECTION Type of Inspection Fee 1 Dwelling, one-and two-fami ly $ 332 .00 2 Multifamily residence $ 332.00 3 Commercial (B, F, S , M) $ 498 .00 4 Assembly occupancy $ 498.00 5 Educational/institutional occupancy $ 332.00 6 Haza rdous occupancy $ 415 .00 7 H igh-rise buildings ove r 75 feet in height $ 665.00 8 High-piled combustible storage $ 997.00 9 Tank installation or removal $ 415 .00 10 T enant improvements projects $ 332.00 HOA.1 0271 2621.3 235 6.1.c Packet Pg. 415 Q101.3.2 Fire Sprinkler System Field Inspection Fees. SPRINKLER INSPECTION Type of Inspection Fee 1 NFPA 130 fire sprinkler system3 : one-or two-family dwelling $ 332.00 2 NFPA 130 fire sprinkler system3 : tract model one-or two-family $ 332.00 dwelling 3 NFPA 130 fire sprinkler system3 : tract non-model one-or two-$ 249.00 family dwelling 4 NFPA 13R fire sprinkler system 3 : multifamily dwellings $ 665.00 5 NFPA 13 fire sprinkler system 3 : :5 100 heads per system $ 665.00 6 NFPA 13 fire sprinkler system 3 : > 100 heads per system $ 831.00 7 Tenant Improvements to NFPA 13 fire sprinkler system3 : :5 20 $ 332.00 heads 8 Tenant Improvements to NFPA 13 fire sprinkler system3 : > 20 $ 498.00 heads and :5 1 00 heads 9 Tenant Improvements to NFPA 13 fire sprinkler system 3 : > 100 $ 581 .00 heads 10 Underground fire protection system3 : 1-4 connections for hydrants $ 332.00 and/or risers 11 Underground fire protection system3 : ~ 5 connections for hydrants $ 665.00 and/or risers 12 Fire-flow test witness/perform $ 245.00 3 ·See NFPA 13 (2016 edition), A3.3.23 Sprinkler System, for explanation of separate systems. Q101.3.3 Fire Alarm System Field Inspection Fees. ALARM INSPECTION Type of Inspection Fee 1 Fire sprinkler monitoring system & fire alarm system : :5 10 devices $ 331.00 2 Fire alarm system: 11-50 devices $ 497.00 3 Fire alarm system: 51-90 devices $ 580.00 4 Fire a larm system : >90 devices $ 664.00 HOA.102 71262 1.3 236 6.1.c Packet Pg. 416 Q101.3.4 Special System Field Inspection Fees. SPECIAL SYSTEMS INSPECTION Type of Inspection Fee 1 Emergency responder radio coverage $ 1,328.00 2 Commercial kitchen hood systems $ 331.00 3 Special extinguishing systems: C02, foam, clean agent $ 331.00 Q101.4 Land Development Unit (LOU) Fees. Q101.4.1 Tentative Tract Map Initial Review. TENTATIVE TRACT MAP -INITIAL REVIEW Fee Type Fee 1 Tentative tract map-initial review $ 2 ,593 .00 2 Each additional lot between 11-50 $ 20.00 3 Each additional lot between 51-100 $ 15.00 4 Each additional lot between 101-1000 $ 11.00 5 Each additional lot 1 ,001 or greater $ 6.00 Q101.4.2 Revised Tentative Tract Map Filing Fees. REVISED TENTATIVE TRACT MAP Fee Type Fee 1 Tentative tract map-revision or re-submittal $ 384.00 2 Tentative tract map-revised $ 1,243.00 3 Tentative tract map -amendment $ 630 .00 Q101.4.3 Final Map Review Analysis -Tract Map. FINAL MAP REVIEW ANALYSIS -TRACT MAP Fee Type Fee 1 01-051ots (includes 3 reviews) $ 630 .00 2 06-10 lots (includes 3 reviews) $ 691 .00 3 11-251ots (includes 3 reviews) $ 814.00 4 26-50 lots (includes 3 reviews) $ 936.00 5 51 or more lots (includes 3 reviews) $ 1,120.00 6 Fourth and subsequent submittals $ 200.00 7 Verification of condition-tract $ 262.00 HOA.102712621.3 237 6.1.c Packet Pg. 417 Q101.4.4 Tentative Parcel Map Initial Review and Revisions. TENTATIVE PARCEL MAP INITIAL REVIEW & REVISIONS Fee Type Fee 1 Tentative parcel map-initial $ 1,120 .00 2 Tentative parcel map-revisions or re-submit $ 323.00 3 Tentative parcel map -revised $ 630 .00 4 Tentative parcel map-amendment $ 384.00 Q101 .4.5 Final Map Review Analysis -Parcel Map. FINAL MAP REVIEW ANALYSIS-PARCEL MAP Fee Type Fee '\ ~'\ -'0~ \Ja~C'C\~ \_\'~\C\'V.~'C~ ~ ~'C~\'C'N~) % ()'?>Q.QQ 2 05-i 0 parce(s (inc(udes 3 reviews) $ 691.00 3 11-50 parcels (includes 3 reviews) $ 936 .00 4 51 or more parcels (includes 3 reviews) $ 1 '12 0.00 5 Fourth and subsequent submittals $ 200 .00 6 Veri fication of condition -parcel $ 262.00 Q101.4.6 Miscellaneous Fees. MISCELLANEOUS LOU FEES Fee Type Fee 1 Clean hands waiver $ 262.00 2 Conditional use permit $ 384.00 3 Conditional use permit -revised $ 225.00 4 Grading plan review-fire la nes and private driveways $ 507.00 5 Grant of waiver $ 286.00 6 Hydrant approval1-1 0 hydrants $ 262.00 7 Each additional hydrant over 10 $ 40.00 8 Lot-line adjustments $ 262.00 9 Mobilehome park $ 384 .00 10 "One Stop" advisory counseling/review $ 153.00 11 "Revised Exhibit A" $ 262.00 12 Site plan review , including , but not limited to: design review , $ 139.00 development permit application , preliminary review , and design overlay review 13 Street vacat ions $ 262.00 14 Water appeals board $ 139.00 15 Water plans and systems review for compliance $ 262 .00 16 Zone change $ 262 .00 HOA.10271 2621.3 238 6.1.c Packet Pg. 418 Q101.5 Hourly-Rate Fire Prevention Division fees. Special -priority inspections, including after-hour, additional technical ass istance, and others deemed necessary by the f ire code official, sha ll be billed at the current hourly fire safety officer rate. Q101.6 R-3.1 Residential Care Facilities for the Elderly (RCFEs), Forms 850 . R-3.1 RESIDENTIAL CARE FACILITIES FOR THE ELDERLY (RCFEs 1, FORMS 850 IFee Type Fee 1 !Inspection $ 332.00 Q102 FORESTRY DIVISION FEES Q102.1 Fuel Modification Plan Review and Inspection. FUEL MODIFICATION PLAN REVIEW AND INSPECTION Description Fee 1 Barns, garages, accessory structures $ 613.00 2 New residentia l structure greater than or equal to 2,500 sq. ft. in $ 711.00 total area, within current ly developing tracts of 25 or more lots. 3 New residential, commercial , or indu strial structures less than 2,500 sq. ft . in total area, or add itions/mod ifications to existing residential, commercial, or industria l structures which increase the $ 832.00 square footage or footprint of the structure by 50 percent or more and which addition/modification or occupancy-type change does not excee d 2,5 00 sq. ft. in total area 4 New residential, commercial, or industrial structures greater than or equal to 2 ,500 sq. ft. in total area , or additions/modifications to existing residentia l, commercia l, or industrial structures which $ 725.00 increase the square footage or footprint of the structure by 50 percent or more and which add ition/modification or occupancy- typ e change e qual s or exceeds 2 ,500 sq. ft. in total area 5 Parcel maps I lot splits of 4 or fewer parcels $ 141 .0 0 6 Tract maps -preliminary plan approva l $ 980.00 7 Tract maps -fina l plan approva l (includes lots 5-2 0) $ 1,064.00 HOA.1 02 71262 1.3 239 6.1.c Packet Pg. 419 FUEL MODIFICATION PLAN REVIEW AND INSPECTION 8 I Each additional1 0 lots, or portion thereof, over 20-final plan I $ approval Q102.2 Oak Tree Plan Review. OAK TREE PLAN REVIEW Number of Trees Fee 1 001-015 $ 2 016-050 $ 3 051-100 $ 4 101-200 $ 5 201-400 $ 6 401-999 $ Q102.3 Oak Tree Inspection. OAK TREE INSPECTION I Inspection fee I Fee 1 I Per inspection I$ SECTION 449 . Appendix R is hereby added to read as follows: APPENDIX R RIFLE RANGE R101 GENERAL R101.1 Scope. 651 .00 775.00 861.00 1,551 .00 2,412.00 4,135.00 6,892.00 100.00 Rifle ranges shall comply with the basic fire and life safety requirements in this appendix. HOA.102712621.3 240 6.1.c Packet Pg. 420 R101.2 Permits. A permit from the fire code officia l is required to establish , maintain, or operate a rifle range. App l ications for perm it s shall be referred to the chief law enforcement officer for approval. Permits shall be required as set forth in Sections 105.6 and 1 05.7. R102 DEFINITIONS RIFLE RANGE. Any indoor or outdoor firing, shooting , or target range established, maintained , or operated for the discharge of a rifle , pistol, revo lver, shotgun, or firearm. R103 RANGE OFFICER R1 03.1 Supervision. Rifle ranges shall not be operated or maintained without the supervision of a qualified range officer. R103.2 Qualifications. To qualify as a range officer, individua ls shall demonstrate to the fire code officia l and chief law enforcement officer their knowledge of firearms and ammunition, including the general rules of safety and the provisions of this code re lative thereto. Indi viduals shall possess a valid certificate stating he or she is a qualified range officer . R104 . AMMUNITION R104.1 Inspection and disposal. Ammunition shall be inspected and approved by the range officer before permission to fire or discharge the same is granted. Ammunition that w ill not fire or HOA.1 02712621.3 241 6.1.c Packet Pg. 421 discharge or which is otherwise defective shall be surrendered to the ran ge officer for safe disposal. R1 05 FIRE APPLIANCES R1 05.1 Portable fire appliances. Rifle ranges shall be equipped with portable fire appl iances and other equipment required by the fire code official. Additional fire-prevention measures required by the fire code official shal l be provided. R106 VEGETATION R106.1 Removal. Rifle ranges , including striking grounds, sha ll be comp letely c lear of vegetation with in a safe distance from the firing line. R107 SIGNAGE R107.1 Warnings. Rifle ranges which are not fenced sha ll be posted with approved warning posters or signs to notify a nd protect th e publ ic from danger. SECTION 450. FINDINGS IN SUPPORT OF ADOPTION OF MORE RESTRICTIVE BUILDING STANDARDS. The provisions of th is ordinance contain various changes, modifications, and additions to the 2019 California Fire Code. Some of those changes are administrative in nature in that they do not constitute changes or modifications to requirements contained in the building standards adopted by th e State Fire Marshal and published in the Ca li forn ia Building Standards Code. Pursuant to Hea lth and Safety Code HOA.1 027 1262 1.3 242 6.1.c Packet Pg. 422 Sections 17958.5, 17958 .7, and 18941.5, the Board of Supervisors hereby expressly finds and determines that all of the changes and modifications to requirements contained in the building standards published in the California Building Standards Code, contained in this ordinance , which are not administrative in nature , are reasonably necessary because of local climatic, geological , or topographical conditions in the County of Los Angeles and in the Consolidated Fire Protection District of Los Angeles County. This expressed finding is supported and based upon the following more specific determinations: CLIMATIC-The County of Los Angeles is located in an area subj ect to climatic conditions with long periods of low humidity and hot weat he r, combined with unpredictable seasonal high winds (Santa Ana w ind conditions), resulting in increased exposure to fire risk. This combination of events creates an en v ironment that is conducive to rapidly spreading fires. Control of such fires requires rapid response. With the time that is required to deal with potential obstacles from the wind , such as fallen trees, street lights, and utility poles, in addition to the time required to climb 75 feet vertically up flights of stairs , the ability to respond rapidl y is negative ly impacted . Additionally, there is a significant increase in the amount of wind at 60 feet above the ground. Use of aerial-ty pe firefighting apparatu s above this he ight w ould place res cue personnel at increased risk of injury. High winds will also c aus e burning embers to become airborne resulting in the rapid spread of a fire to nearby st ruct ure s. Immed iate containment of a fire is the only method by which it can be co ntrolled during high w ind H OA.1 02712621.3 24 3 6.1.c Packet Pg. 423 conditions. In high fire severity zones, a unique combination of low humid ity, strong winds, and dry vegetation exists. GEOLOGICAL-The County of Los Angeles is located in the middle of t he seismically active area identified as Seismic' Zone 4. The viability of the public water system wo uld be questionable at best after a major seismic event. Tall buildings would become vulnerable to uncontrolled fires due to a lack of availabl e water and an inability to pump sufficient quantities of any available water to floors above the 55-foot le vel. A severe seismic event has the potential to negatively impact any rescue or fire suppression activities because it is likely to create significant physical obstacles and logistical challenges. With the probability of strong aftershocks, there exists a need to provide increased protection for anyone on upper floors. Geological conditions created by the numerous faults wi ll result in increased fire danger to structures, delayed Fire Department response, and unique rescue challenges. Seismic events of sufficient magnitude will cause substantial damage to structures. These damages are likely to be accompanied by a substantial number of fires that may exceed the Fire Department suppression capabilities. Accordingly, built-in f ire suppression systems provide the only adequate measure to mitigate the po tential hazards from and damage caused by such fires . The County of Los Angeles is subject to occasional severe rainstorms. The impacts from these rainstorms are exacerbated if hillside areas have been burned by wi ldland fires because significant mud and debris flows can occur. Mud and debris HOA.1 02712621 .3 244 6.1.c Packet Pg. 424 flows can impair Fire Department access or delay response times if access roads are obstructed by mud or debris. TOPOGRAPHICAL-The topographical conditions of the County of Los Angeles includes many mountains, hills, and canyons which tend to accelerate the periodic high-veloc ity winds by means of a Venturi effect. These canyon w inds and the significant growth of vegetation of a combustible nature increase the fire danger. Additionally, long periods of dry, hot weather, combined w ith unpredictable seasonal winds (Santa Ana wind conditions) result in increased exposure to fire risk. The hillside areas have access roads that are narrow, steep, and contain many sharp c urves, all of which makes timely response by large fire apparatus difficult. The specific sections of this code that constitute more restrictive building standards are ident if ied in the table set forth below. The more restrictive building standards contained in this code and identified in the table below shall be applicable only in those cities served by the District which ha ve ratified the aforesaid sections in accordance with California Health and Safety Code Section 13869. Section Local Condition Explanation and Findings 304.1.2-Climatic and Local amendment requiring brush clearance to Vegetation. Topographical maintain defensible space for fire operations that is necessary due to Los Angeles County's uniqu e climate and topography to reduce risk of fire and to minimize the spreadin_g_ of fire to structures. HOA.102712621.3 245 6.1.c Packet Pg. 425 Section Local Condition Explanation and Findings 316.6.1-Climatic, Imposes additional requirements for the Structures. Geological, and grounding of construction under high-voltage Topographical transmission lines to protect property , the pub lic, and firefighters responding to emergencies. Necessary due to Los Angeles County's unique climate and topography to reduce risk of fire, to reduce the possibility of fires being causes by downed high-voltage transmission lines, to minimize the spreading of fires that may begin under transmission lines , and to protect firefighters responding to emergencies under transmission lines. Further necessary because risk of fire is increased due to the prevalence of earthquakes in Los Angeles County. 326.7-Fire Climatic , Loca l amendment to require fire safety measures protection Geological, and including but not limited to water supply, facilities Topographical firebreaks , posting of fire watc he rs , access roads, requ ired . restriction of activities during high fire hazard and other conditions to maintain reasonable fire safety. Necessary due to Los Angeles County's unique climate and topography to reduce risk of fire, to reduce the possibi lity of wild land f ires spreading to structures, and to min imize impacts of fire. Further necessary because risk of fi re is increased due to the preva lence of earthquakes in Los Angeles County. 326.12.2-Climatic and Local amendment to reduce the threat of fires by Chimneys. Topographical req uiring spark arrestors on chimneys that is necessary due to Los Angeles County's unique climate and topography to reduce risk of f ire and to minimize impacts of fire. Such spark arrestors reduce the likelihood of embers exiting a chimney and igniting a fire. 326.14 -Climatic and Local amendment requiring clearance of Roadway Topographical roadways to provide adequate access for clearance. firefighting apparatus , to create defensible space for fire operations, and to reduce the possibility of wildland fires spreading to st ructures. Necessary due to Los Angeles County's unique climate and topography. 503.1.2 -Climatic , Provides for additional access requirements Additional Geological, and necessary because of terrain , climate, or other access. Topographical factors that limit access. Necessa ry to ensure HOA.102712621.3 246 6.1.c Packet Pg. 426 Section Local Condition Explanation and Findings adequate response times due to the un ique climatic and topographical conditions that increase the risk of fires in fire hazard severity zones. Further necessary because risk of fire is increased due to the prevalence of earthquakes in Los Angeles County . 503.2 .1-Climatic, Requires unobstructed clearance to sky on fire Dimensions, Geological, and apparatus access roads with exception for 503.2.1.1' Topographical protected tree spec ies. Necessary to prevent 503.2.1.2, obstruction of access roads by tree limbs or other 503.2.1.2.1' obstructions and thus allow for quick response 503.2.1.2.2, times to fires and other emergencies. Necessary . 503.2.1.2.2.1' to ensure adequate response times due to the 503 .2.1.2.2.2 unique climatic and topographical conditions that increase the risk of fires in fire hazard severity zones . Requires sufficient fire apparatus access road widths and the location of said roads in respect to buildings. Necessary because risk of fire and collapse is increased due to the prevalence of earthquakes in Los Angeles County. 503.2.4-Climatic, Provides for more stringent width, turning radius, Turning radius, Geological, and and grade spec ifications for access roads to 503 .2.5-Topographical ensure access for fire apparatus . Necessary due Dead-ends, to un ique climatic and topographical conditions 503.2 .7-that increase the risk of fires. Further necessary Grade. because risk of fire is increased due to the prevalence of earthquakes in Los Angeles County. HOA102712621 .3 247 6.1.c Packet Pg. 427 Section Local Condition Explanation and Findings 503.4-Climatic, Adds speed bumps and speed humps to list of Obstruction of Geological, and prohibited obstructions to fire apparatus access fire apparatus Topographical roads. Speed bumps and speed humps reduce access roads . response times to fires and other emergencies because fire apparatus have to slow down to pass over them or drive a round them. Necessary to ensure adequate response times due to the unique climatic and topographical conditions that increase the risk of fires in fire hazard severity zones. Further necessary because risk of fire is increased due to the prevalence of earthquakes in Los Angeles County. 503.4.1 -Climatic, Requires fire code official approval to install Traffic-calming Geological , and traffic calming devices such as speed bumps and devices. Topographical speed humps. Such devices can reduce response times to f ires and other emergencies. Necessary to ensure adequate response times due to the unique climatic and topographica l conditions that increase the risk of fires in fire hazard severity zones. This section is necessary because the risk of fire is increased due to the prevalence of earthquakes in Los Angeles County. 503.6-Gates. Climatic , Requires gates placed across fire apparatus Geological, and access roads meet parameters to ensure Topographical emergency access widths and operability. Necessary due to the increased risks of fire , earthquake damage, and electrical power interruption that are consequences of the unique c limatic, topographical, and geological conditions of Los Angeles County. 503.7-Fire Climatic, Requires fire apparatus access roads in apparatus Geological, and recreational vehicle , mobilehome, manufactured access roads Topographical housing , sales lots , and storage lots. Necessary in recreational to ensure adequate water supply and access to vehicle , such locations due to the unique climatic and mobilehome, topographical conditions that increase the risk of manufactured fires in fire hazard se v erity z ones. Further housing, sales necessary because the risk of fire is increased lots, and due to the prevalence of ea rt h quakes in storage lots. Los Angeles County. 503.7.1 -Fire Climatic, Requires additional fire appara tus a c cess roads apparatus Geologica l, and in mobilehome parks an d s pecial occupancy HOA.1 0271 262 1.3 248 6.1.c Packet Pg. 428 Section Local Condition Expl anation and Findings access roads Topographical parks. Necessary to ensure adequate water in mobilehome supp ly and access t o such lo cations due to the parks and unique climatic and topograph ica l cond it ions that special increase the risk of fires in fire hazard severity occupancy zones. Further necessa ry because risk of f ire is parks. in c reased due to the prevalence of earthquakes in Los Angeles County. 504.5-Climatic, Pro vides vario us desi gn and lo cati on Rooftop Geological , and requirements for solar photovoltaic systems barriers and Topographical installed on roofs of buildings for residential and parapets. com mercia l structures. Access and spacing requirements ensure firefigh t er access to the roof, provide access pathways to specific areas of the roof, provide fo r ve nting cut-out areas, and to provide emergency egress from the roof. Necessary beca use of i ncreased danger of fire in Los Ange les County du e to climatic and topographical conditions. 507.2.2-Climatic, Requires in sta ll ation and maintenance standards Water ta n ks. Geological , and for wate r tanks provid i ng water for fire protection . Topographi ca l Exte nds ce rtain requirements to associated support structures and pip ing. Necessary due to the increased risks of fire and exposure t hat are consequences of the unique climatic, topographical, and geolog ica l co ndi tions of Los Ange les County. Th ese unique co nd itions also increase e mergency resp onse tim es , thereby increasing the time du ri ng which these water tank systems must rema i n in functional order. 507 .5.1 .2-Climatic, Requires a draft hydrant fo r swimming pools and Poo l draft Geological , and spas located in the f ire hazard severit y zone to system in fire Topographical provide a source of water to fight fires. hazard Necessary because of unique cl i matic and severity zones . topographica l conditions that i ncrease the risk of fires in fire hazard severity zones. Further necessary because ri sk of fire is increased due to the prevalence of earthqua kes in Los Angeles County. 507.5 .10-C limati c , Provides posting of s ign to notify Fire Department Draft system Geological, and of draft hydrant for swimming pools and spas in identification Topographical fire hazard severity zone. Necessary be cause of sign. unique climatic and topographical conditions that increase the risk of fires in fi re ha za rd sev erit y HO A.1 02712621.3 249 6.1.c Packet Pg. 429 Section Local Condition Explanation and Findings zones. Further necessary because risk of fire is increased due to the prevalence of earthquakes in Los AnQe les County. 510.4.1, C l imatic, When the circumstances of a structure 510.4.1.1, Geological, and necessitate emergency responder radio coverage 51 0.4.1.2, Topographical systems, this amendment specifies that this 51 0.4.2, coverage be provided in certain areas of the 51 0.4.2.3, building at which it is critical that emergency 51 0.5, 51 0.5.3 , personnel have radio coverage. This list of areas 510.6.2 -is built upon the list of areas that are required to Emergency be served when a wired system is installed in lieu responder of an emergency responder radio coverage radio system . Systems are required to be provided coverage. with standby power for a duration of tim e. Necessary due to the i ncreased r isks of fire , earthquake damage, and e lectri cal power interruption that are consequences of the un iq ue climatic, topographica l , and geolog ical conditions of Los Angeles County. Further necessary due to the artificial topographical physical features of a structure or area that limit and/or interfere with emergency radio communications for first responders. 901 .6.4.1 -Climatic, Provides signage req uirem ents for water-contro l Aboveground Geological, a nd va lves to faci l itate firefigh ter id entification and water-control Topographical use of said valves in an emergency. Necessary va lve signs. because of unique climatic and topographical condit ion s that increase the risk of fires in f ire hazard severity zones. Further necessary because risk of fire is increased due to th e prevalence of earthquakes in Los Angeles County. 901.6.4.4 -Climatic, Provides clearance requirements for water- C lear space Geological, and control valves to facilitate firefighter identification around Topographical and use of sa id valves in an emergency. aboveground Necessary because of unique climatic and water-control topographical conditions that increase the risk of valve . fires in fire hazard severity zones. Further necessary because risk of fire is increased due to the prevalence of earthquakes in Los Ange les County. 903.2 .8-Cl imati c, Requires that fire sprinklers be installed in Group R. Geological, and mobilehomes and manufacture d homes located HOA. 10271262 1.3 25 0 6.1.c Packet Pg. 430 Section Local Condition Explanation and Findings Topographical outside of mobilehome parks. Necessary due to the increased risks of fire and exposure that are consequences of the unique climatic, topographical, and geological conditions of Los Angeles County. 903.2.11.7-Climatic, Provides an additional leve l of protection to Occupancies Geological, and occupancies in case of a fire by requiring in fire hazard Topographical installation of automatic fire sprinklers. severity zones Necessary because of unique climatic and and in the topographical conditions that increase the risk of Malibu-Santa catastrophic fires in fire hazard severity zones Monica and due to the topography that reduces response Mountains or times to fires. Further necessary because risk of San Gabriel fire is increased due to the prevalence of Southface earthquakes in Los Angeles County. Areas. 904.3.5-Climatic, Requires monitoring of all automatic fire- Monitoring. Geological, and extinguishing systems when a sprinkler Topographical monitoring system is otherwise required. Necessary due to the increased risks of fire and exposure that are consequences of the unique climatic, topographical, and geological conditions of Los Angeles County. 905.2.1 -Climatic Construction and installation requirements for Class I Class I standpipes to ensure adequate fire standpipes. protection systems and water supply due to fires in Los Ange les County's hot and windy climate . 905.4-Climatic Installation/Regulation of Fire Protection System Location of to ensure proper location of hose connection to Class I control fires in Los Angeles County's hot and standpipe windy climate. hose connections, 905.4.3. 905.5.3-Climatic Installation and regulation of interior wet Class II standpipes to ensure adequate fire protection system system due to fires in Los Angeles County's hot 1 Yz-inch hose . and windy climate. 905 .6.1 -Climatic Local amendment regarding installation and Protection. regulation of Fire Protection System to ensure proper location of hose connection to control fires . Necessary because of increased danger of HOA.102712621 .3 251 6.1.c Packet Pg. 431 Section Local Condition Explanation and Find ings fire in Los Angeles County due to hot and windy conditions. 905.6.1.1-Climatic Size requirements for Class Ill standpipes to Size . ensure adequate fire protection system. Necessary because of increased danger of fire in Los Angeles County due to hot and windy conditions. 905.9-Riser Climatic Additional requirements to fire protection system shutoff valve for testing, maintenance, and operation . supervision Necessary because of increased danger of fire in and drain. Los Angeles County due to hot and windy conditions. 910.2 -Climatic and Requires smoke and heat removal for buildings. Where geological Necessary to increase ab ili ty of firefighters to required . respond to, and fight, fires in buildings. Necessary because of increased danger of fire in Los Angeles County due to hot and windy conditions and the prevalence of earthquakes in Los Angeles County. 910 .2.3-Climatic, Requires smoke and heat removal for basement- Group S-2. Geological, and level parking garages. Necessary to increase Topographical ability of firefighters to respond to fires in parking garages. Necessary due to the increased risks of fire and earthquake damage that are consequences of the unique climatic, topographical, and geological conditions of Los Angeles County. Further necessary due to the artificial topographical physical features of a structure or area that limit and/or interfere with the ability of emergency responders to protect life, property , and the environment. 910.3 -Cl imatic , Requirements for smoke and heat vents in Design and Geological, and buildings. Necessary due to the increased risks installation. Topographical of fire and earthquake damage that are 910.3.2, consequences of the unique climatic, 91 0.3 .2.1' topographical, and geological conditions of 910.3.2 .2 , Los Angeles County. Further necessary due to 910 .3.2.2 .1, the artificial topographical physical features of a 91 0.3.2.2 .2 , structure or area that limit and/or interfere with 910 .3.2 .3, the ability of emergency responders to protect 91 0.3.4. life , property, and the environment. 91 0.4.3, Geological Requirem e nts for smoke and heat vents and 910.4.4-mechanical smoke re moval systems in buildings. HOA.1 02 71 2621 .3 25 2 6.1.c Packet Pg. 432 Section Local Condition Explanation and Findings Mechanical Necessary because of increased danger of fi re in smoke Los Ange les County due to seism ic concerns removal with potentia l water supply issues . systems. 912.2-Geo logical and Requires that more than one fire department Location. Topographical connection may be required. Necessary due to natural and artificial local topography, and the effects of seismic act ivity that could lim it and/or interfere with the ability of emergency responders to access certain locations . 912.2 .1-Climatic, Requires fire department connections to be Visib le Topographical, located within 150 feet of a public fire hydrant location. Geological and at a safe distance from the building . Necessary because of increased danger of fire in Los Angeles County due to hot and windy conditions. Further necessary because the risk of fire is increased due to the prevalence of earthquakes in Los Angeles County. 912.8-Climatic, Requires red paint on fire department Identification. Topographical connections subject to rust or corrosion to identify them to firefighters and protect from the elements. Necessary because of increased danger of fire in Los Angeles County due to hot and windy cond itions. 912.9-Climatic, Requires breakable caps or plugs for fire hose Breakable Topographical couplings to protect them from the elements and caps o r plugs . to ensure easy access to the fire department connection during fires. Necessary because of increased danger of fire in Los Angeles County due to hot and windy conditions. 914.9.1 -Climatic Requires spray booths to have automatic fire Spray booths. sprinkler system protection under specified conditions . Necessary because of increased danger of fire in Los Angeles County due to hot and windy conditions. Further necessary because the risk of fire is increased due to the prevalence of earthquakes in Los Angeles County. 1009.9.1 -Climatic, Requirements for signage warning against Signage for Geological, and elevator use in an emergency. Necessary to high-rise Topographical ensure proper notice and evac uation in case of buildings. fire or oth e r emergency. Nece ssary because of incre ased d ang er of fire in Los Anqel e s County HOA .1 02712621.3 2 53 6.1.c Packet Pg. 433 Section Local Condition Explanation and Findings due to hot and windy conditions. Further necessary because risk of fire and need for evacuation is increased due to the prevalence of earthquakes in Los Angeles County. 1206 .1-Climatic, Require approved signage and permitting for Scope, Geological, and battery energy storage systems (ESS), including 1206.2-Topographical criteria regarding hazard mitigation ana lysis. Stationary Necessary due to the increased risks of fire, storage battery earthquake damage, and unpredictable power systems, f l uctuations that are consequences of the unique 1206.2 .1' climatic, topographical, and geologica l conditions 1206.2.3, of Los Angeles County. These factors also 1206.2.3 .1, complicate response times , water and access. 1206.2.3.2, 1206.2.3.4. 1206.2.8.1 -Climatic, Specifies location , separation, and signage Location, Geological, and requirements for battery energy storage systems 1206.2.8.3, Topographical (ESS). Necessary due to the increased risks of 1206.2.8.6 -fire, earthquake damage, and unpredictable Sigriage, power fluctuations that are consequences of the 1206.2.8.6.1' unique climatic, topographical, and geological 1206.2.8. 7, conditions of Los Angeles County. These factors Table also complicate response times , water and 1206.2.8.7 access. 1206.2.8 .7.1. 1206.2 .10 , Climatic, Specifies design and installation requirements for Table Geological, and various battery technologies used in battery 1206.2.1 0, Topographical energy storage systems (ESS). Necessary due 1206.2.1 0.3, to the increased risks of fire, earthquake damage, 1206.2.1 0.3.1' and unpredictable power fluctuations that are 1206.2 .1 0.6. consequences of the unique climatic, topographical, and geological conditions of Los Angeles County. These factors also complicate response times, water and access. 1206.2.11-Climatic, Specifies requ i rements for fire-extinguishing Fire protection Geological, and systems, ventilation, .standby power, gas and life safety Topographical detection, explosion control, and the ability to systems, release energy, for battery energy storage 1206.2.11.1' systems (ESS). Includes references to the code 1206.2.11.1.1' sections regarding fire department connections 1206.2 .11 .1 .2, and hydrants. Necessary due to the increased 1206.2.11.1.3, risks of fire, earthquake damage, and 1206.2.11 .1.4, unpredictable power fluctuations that are HOA.1 0271 2621.3 254 6.1.c Packet Pg. 434 Section Local Condition Explanation and Findings 1206.2 .11.3, consequences of the unique climatic , 1206.2.11 .3.1' topographical , and geological conditions of 1206.2.11 .3.3, Los Angeles County. These factors also 1206.2.11 .3.4, complicate response times , water and access. 1206.2.11.4, 1206 .2.11 .5, 1206.2.11.5 .1' 1206.2 .11 .6 , 1206.2.11.7. 1206.2.12 , Climatic, Specifies signage and other requirements as 1206.2.12.1, Geological , and based upon the battery technology. Necessary 1206.2 .12 .2, Topographical due to the increased risks of fire, earthquake 1206.2 .12 .3, damage, and unpredictable power fluctuations 1206.2.12.4, that are consequences of the unique climatic , 1206 .2.12.5, topographical, and geological conditions of 1206.2 .12.6. Los Angeles County. These factors also complicate response times, water and access. 1206.2.13, Climatic, Addresses special installations of battery energy 1206.2.13 .1, Geological , and storage systems (ESS), including those on 1206.2 .13.2 , Topographical rooftops and in parking garages. Necessary due 1206.2 .13.3 , to the increased risks of fire , earthquake damage, 1206.2 .13.4, and unpredictable power fluctuations that are 1206.2 .13.5, consequences of the unique climatic, 1206.2 .13.6. topographical, and geological conditions of Los Angeles County. These factors also complicate response times, water and access. 1206.4, Climatic, Addresses installations of battery energy storage 1206.4.1' Geological, and systems in Group R-3 and R-4 occupancies. 1206.4.2, Topographical Necessary due to the increased risks of fire, 1206.4.2.1 , earthquake damage , and unpredictable power 1206.4.3, fluctuations that are consequences of the unique 1206.4.3 .1' climatic, topographical, and geological conditions 1206.4.4, of Los Angeles County. These factors also 1206.4.5 , complicate response times, water and access. 1206.4.5 .1. 2007.9-Climatic and Provides for additional public safety Emergency Topographical evacuation/landing area on high-rise buildings. Helicopter Necessary due to large number of high-rise Landing buildings in Los Angeles County and difficulty in Facility (EHLF) evacuating high-rise buildings in case of fire or for high-rise other emergency. buildings. 2007.10 -Climatic and Provides for requirements for helistops and H OA.10271262 1.3 255 6.1.c Packet Pg. 435 Section Local Condition Explanation and Findings Helistops and Topographica l heliports in fire hazard severity zones to enable heliports in fire helicopters and associated water tenders and hazard support equipment to safely operate to conduct severity zones. operations to combat fires in those areas. 2007.10.1-Necessary because of increased danger of fire in Surface. Los Angeles County due to hot and windy cond itions and topography that hinders the ability for fire apparatus to gain access to remote portions of the County. 2007.10.2-Climatic; Requires a hydrant next to helistops in fire Hydrant. Topographical hazard severity zones to enab le he licopters to fill their tanks to faci litate water drops on wildland fires in those areas. Necessary because of increased danger of fire in Los Angeles County due to hot and windy conditions and topography that hinders the ability for fire apparatus to gain access to remote portions of the County. 2007.10.3-Climatic; Adopts requirements for fire apparatus access to Access . Topographical helistops in fire hazard severity zones to enable support equipment and apparatus associated with helicopter operations to combat fires in those areas. Necessary because of increased danger of fire in the County due to hot and windy conditions and topography that hinders the ability for fire apparatus to gain access to remote portions of the County. 2404.4-Fire Climatic Provides for spray booths to be equipped with protection. automatic fire sprinklers. Necessary because of increased danger of fire in Los Angeles County due to hot and windy conditions. 2504.6, 2507.2 Climatic and Provides requirements for fruit and crop ripening -FRUIT AND Geological operations to prevent ignition of ethylene gas and CROP reduce risk of fire and explosion. Necessary RIPENING because of increased danger of fire in Los Angeles County due to hot and windy conditions and to reduce risk of fires and explosion from earthquakes. 3107.18-Climatic and Increased clearance requirements for Combustible Topographic combustible vegetation near tents and membrane vegetation. structures . Necessary to increase fire and life safety around such structures and to create defensible space. Necessary because of fire risk due to climate and unique topography of HOA.1 02712 621.3 256 6.1.c Packet Pg. 436 Section Local Condition Explanation and Findings Los Angeles County_. TABLE 3206.2 Climatic and Removes an exce ption for smoke and heat Geological removal in high -p iled co mbustible storage. Nece ssary because of unique climatic conditions that increase the risk of fires . Further necessary be cause risk of fire is in creased due to the preva lence of earthquakes in Los Angeles County . 3505.9-Geological Requires protective devices to be installed on Flashback fuel gas and oxygen lin es to in crease safety and prevention. reduce risk of exp losion and fire. Necessary because risk of leaks or tank failure is increased due to the prevalence of eart hquakes in Los Angeles County. 4907.1-Climatic and Lo ca l a me ndment pro vidi ng that defensible General. Topographical space require me nts shall a lso comp ly with Chapter 3 of this code. Necessary due to Los Angeles County's unique c limate and topography to reduce ri sk of fire and to minimi ze impacts of fire in Fire Haza rd Seve rity Zone . 5003 .11 .3 .8 -Cl i matic and Creat es requireme nts for floors in bu ildings Floors. Geo logical where haz ardous materi als are used or stored. Necessary to increase fire and life safety and to minimize fire danger from hazardous mate ri a ls. Necessary beca use risk of f ire a nd spi llage of hazardous materials is i ncreased du e to the preva lence of ea rthqu akes in Los Angeles Cou nty . 5704.2.8.3 -Geological Requires secondary conta in ment of flammable Secondary a nd combustible liquid s that are necessary to co ntai nment. in crease fire and life safety a nd to prevent fires involving f lammabl e and combustibl e liquid s from spread in g. Necessary because risk of leaks or tank fa ilure is increased due to the prevalence of ea rth quakes in Los Angeles County. 5704 .2.8.1 6 .1 C limatic and Requires foam deluge system. Necessary -System Geological because of increased danger of fire in requirements. Los Angeles Co unty due to c lim at ic co nditio ns a nd beca use risk of leaks or tank fail ure is increased du e to the preva le nce of earthquakes in Los Ange les County. HOA.1027 1262 1.3 2 57 6.1.c Packet Pg. 437 Section Local Condition Explanation and Findings 5704.2.9.1.1 -Geological and Requires all existing aboveground tanks Required foam Climatic exceeding 1,500 square feet of l iquid surface fire protection area used for the storage of Class I or Class II systems. flammable liquids to be provided with foam fire protection. Necessary because of increased danger of fire in Los Ange les County due to climatic conditions and because risk of leaks or tank failure is increased due to the prevalence of earthquakes in Los Ange les County. 5704.2.9.6.1.3 Geological and Provides for additional spaci ng between tanks to -Location of Climatic reduce fire danger and help prevent fire from tanks for spreading to adjacent tanks. Necessary because boilover of increased danger of fire in Los Angeles County liquids. due to climatic conditions and because risk of leaks or tank failure is increased due to the prevalence of earthquakes in Los Angeles County. 5704.3.7.6-Geological and Construction and fire access re quirements for Construction. Climatic liquid storage rooms . Necessary because of increased danger of fire in Los Angeles County due to climatic conditions and because risk of explosion or container failure is increased due to the prevalence of earthquakes in Los Angeles County. 5706.5.1.1 -Geo logical and Provides increased distances for bulk transfe r Location . Climatic and process transfer operations so that they are farther away from the public and other buildings. Necessary because of increased danger of fire in Los Angeles County due to climatic conditions and because risk of leaks or tank failure is increased due to the prevalence of earthquakes in Los Angeles County. 5706.5 .1.19 -Geological and Class I, II , or Ill liquids shall be transferred from a Liquid transfer. Climatic tank vehicle or tank car only into an approved atmospheric tank or approved portab le tank. Necessary because of increased danger of fire in Los Angeles County due to climatic conditions and because risk of leaks or tank failure is increased due to the prevalence of earthquakes in Los Angeles County. HOA.10271262 1.3 258 6.1.c Packet Pg. 438 Section Local Condition Explanation and Findings 6104.4-Geological and Requirements for LP gas storage tank distances. Multiple LP-Climatic Necessary because of increased danger of fire in gas container Los Angeles County due to climatic conditions installations. and because risk of leaks or tank failure is increased due to the prevalence of earthquakes in Los Angeles Coun!Y- CHAPTER 81 Climatic , Creates requirements for fire access roads and -Geological, and storage requirements for tire storage in AUTOMOBILE Topographical automobile wrecking yards . Necessary to enable WRECKING fire apparatus and firefighters to gain access to YARDS fight fires and respond to emergencies. 8104-Fire Necessary due to the increased risks of fire, apparatus earthquake damage, and unpredictable power access roads. fluctuations that are consequences of the unique 8106-climatic, topographical, and geological conditions Housekeeping. of Los Angeles County. These factors a lso 8108-Tires. complicate response times, water and access . 8110.4- Batteries. APPEN Topographical Provides for increased fire-flow in fire hazard DIX B, Section and Climatic zones to allow for more water to be avai lable to B105.1-One-fight fires. Necessary because of increased and two-family danger of fire in Los Angeles County due to dwellings, climatic and topographical conditions. Group R-3 and R-4 buildings and townhouses . APPENDIX B , Topographical Provides for increased fire-flow for subdivisions Section and Climatic of land to allow for more water to be available to B1 05.5 -Land fight fires. Necessary because of increased subdivision danger of fire in Los Angeles County due to projects . climatic and topographical conditions . APPENDIX C, Topographical Provides for hydrant spacing on streets to ensure Section and Climatic hydrants are accessible to firefighters. C102.2-Necessary because of increased danger of fire in Location on Los Angeles County due to climatic and street. topographical conditions. APPENDIX C, Topographical Provid es for hydrant spacing to ensure that water Section and Climatic is available to fight fires . Necessary because of C105.2-increased danger of fire in Los Angeles County One-family due to climatic and topographical conditions . dwellinq. HOA.10271262 1.3 259 6.1.c Packet Pg. 439 -- Section Local Condition Explanation and Findings APPENDIX C , Topographical Provides for hydrant spacing for buildings other Section and Climatic than One-and Two-fami ly Dwe llings, and Group C105.3-R-3 Buildings to ensure that there is adequate Buildings other water supply availab le to fight fires. Necessary than one-and because of increased danger of fire in two-family Los Angeles County due to climatic and dwell i ngs, and topographical conditions. Group R-3 buildings . APPENDIX C , Topographical Provides for hydrant spacing for cui-de-sacs to Section and Climatic ensure that there is adequate water supply C105.4-available to fight fires. Necessary because of Cul-de-sac increased danger of fire in Los Angeles County hydrant due to c lim atic and topographical conditions. location . APPENDIX C , Topographica l Provides requirements for on-site hydrants to Section and Climatic ensure that there is adequate water supply C1 06-On-site available to fight fires. Necessary because of hydrants. increased danger of fire in Los Angeles County due to climatic a nd topographica l conditions . APPENDIXO , Topographical , Provide s various design and location Section 0103 Geographic, and requirements for temporary haunted houses , -General Climatic ghost walks , and simi lar amusement uses where requirements. the means of egress are not apparent due to decorative materia l s, confusing sounds, and/or visual effects . Necessary because of in crease d danger of fire in Los Ange le s County due to climatic and topographical conditions and th e prevalen ce of earthquakes in Los Angeles County. SECTION 451. This ordinance shall become effective 30 days after it is adopted . HOA.1 0271 26 21.3 26 0 6.1.c Packet Pg. 440