HomeMy WebLinkAboutRFP (2023.05.01)
DEPARTMENT OF PUBLIC WORKS
CITY OF DIAMOND BAR
CALIFORNIA
REQUEST FOR PROPOSALS
FOR
Professional On-Call Civil
Engineering and Architectural
Services
MAY 2023
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CITY OF DIAMOND BAR
REQUEST FOR PROPOSALS (RFP)
Date: May 1, 2023
Department: Public Works
Project Type: On-Call Civil Engineering and Architectural Services
Bid Closing: May 26, 2023 at 2:00 P.M.
Project Contact: Nicholas Delgado, Engineering Technician
(909) 839-7043 / NDelgado@DiamondBarCA.gov
INTRODUCTION
Incorporated on April 18, 1989, the City of Diamond Bar (“City”) sets against a scenic
mountain backdrop on more than 8,000 acres (12.5 sq. miles) of rolling hills and valleys
in the East San Gabriel Valley region.
Among the amenities that contribute to the high quality of life that is valued by residents
are the family-friendly atmosphere; the well-maintained parks, trails and roads; top-rated
school Districts; and the unparalleled public safety services which contribute to keeping
Diamond Bar among the safest communities in the region for the past 30 years.
TO INTERESTED FIRMS
The City of Diamond Bar is inviting qualified firms to submit proposals for professional
Civil Engineering and Architectural Services for a period of three (3) years commencing
July 1, 2023 with the option – at the City’s sole discretion – to extend an additional two
(2) years upon successful demonstration of contract performance. It is the City’s intent to
retain multiple firms to provide consulting services to augment the City’s professional
capabilities and to provide high quality, timely expertise, as needed. The City will consider
proposals from firms that specialize in any one or more of the following capacities:
• land development,
• general engineering, and/or
• architectural design services.
The purpose of this Request for Proposals (RFP) is to have qualified and responsive
firm(s) to provide such services. This contract will be administered by the City’s Public
Works Department.
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SCOPE OF WORK
The scope of work includes, but is not limited to the following Tasks:
All improvement plan check and design services shall be performed by or under the
responsible charge of a California Licensed Professional Engineer, California Licensed
Land Surveyor, and/or California Licensed Architecture as applicable, eligible to review,
prepare, and sign such plans.
The successful firms (Consultant) will serve as an independent contractor to the City and
will be prohibited from concurrently providing services to any other public or private client
doing business with the City during the life of the Agreeme nt and for six months following
completion thereof. Exceptions may be granted on a project -by-project basis if the City
determines that there is no conflict of interest by the parties involved. The firm will be
required to disclose to the City a list of all of its clients for the past three (3) years for
purposes of allowing the City to review potential conflict of interest issues. In addition, the
firm will be required to disclose any litigation in which it has been a party to in the last five
(5) years.
Each specific assignment under an on-call engineering and architectural services contract
will be compensated on either lump sum or time and materials basis.
The method of compensation will be specified in writing by the City at the time the
assignment is given. For land development services the City’s FY 2022-2023 Fee
Schedule is enclosed as Attachment 2. Fees are increased on July of each year by the
Consumer Price Index (CPI) for Los Angeles County. Note that the fees listed are to cover
three (3) plan check submittals or three Inspections. Any additional Submittals
required thereon can be charged on a time and materials (hourly) rate.
LAND DEVELOPMENT SERVICES
• Provide preliminary design review for projects prior to Planning Commission
Approval/Entitlement Issuance Phase for Subdivision or Commercial Property
Projects. Plans to be reviewed at this stage include site/grading. storm drain, sewer
and street plans and any associated technical reports for proposed private
development projects. Consultant may be requested to attend City meetings as
necessary as the project is being considered by the Planning Commission and/or
City Council.
• Review and recommend approval of various grading plans, street plans, sanitary
sewer plans, storm drain plans, and hydrology/hydraulics studies for private
developments that have received entitlements and are at the permitting Stage.
• Plan check easements, lot line adjustments, dedications, vacations, parcel and tract
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maps. Electronic submittals have been implemented for map/easement document
review by the Public Works Department.
• Provide inspection services (within 48 hours of request) for grading, street, sanitary
sewer, storm drain and public right-of-way improvements associated with private
development projects.
• Attend meetings with City staff, applicants, and others as necessary throughout
the duration of the project including, but not limited to, pre- construction, design
review, construction inquiry, and general clarification meetings.
At a minimum, plan check and inspection services shall be provided in conformance with
the most current version of the following documents and standards:
• Americans with Disabilities Act
• California Building Code
• California Environmental Quality Act
• California Regional Water Quality Control Board – Los Angeles Region, MS4
NPDES Permit Order No. R4-2021-0105.
o Enclosed as Attachment 3.
• California Subdivision Map Act
• Los Angeles County Hydrology Manual
• Los Angeles County Benchmarks (Otterbein Quad / NAVD)
• City of Diamond Bar General Plan
• City of Diamond Bar Grading Plan Check Requirements.
o Enclosed as Attachment 4.
• City of Diamond Bar Grading Ordinance and Hillside Management Ordinance.
o Enclosed as Attachment 5.
• Approved specific plans, site plans, environmental documents, tentative and final
maps; traverse, lot, and tract boundary closures for parcel and tract maps; grants,
easements, or vacations; surveys and legal descriptions; conditions of approvals;
and title reports as applicable.
Note that the City has also retained consultant services to review geotechnical reports
and Low Impact Development (LID) plans/reports. The selected consults for the proposed
on-call civil engineering services will only be required to be familiar with these plans and
reports to ensure consistency with drainage and grading plans.
For land development projects, prior to completion of the first plan check, the Consultant
shall research existing City engineering records including, but not limited to the
documents described above for consistency with the proposed improvements. The
Consultant shall also investigate the project site to verify the proposed improvements ore
consistent with the physical constraints in the field.
The Public Works Department has implemented electronic submittal processing for permit
issuance. The Consultant shall be able to accept electronic plan check submittals via
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email and return transmittals and red line comments via email. For plan submittals that
are submitted to the city in hard copy format, the Consultant shall pick up submittals from
the City within 24 hours of notification by the City. The first plan check shall be completed
within ten (10) working days unless otherwise directed by the City. Each subsequent
plan check shall be completed within ten (10) working days unless otherwise directed
by the City. For complex projects such as subdivisions or large commercial
developments, the plan check processing time frame will be negotiated between the
Consultant and the City on a case-by-case basis if the minimum processing times cannot
be achieved.
GENERAL ENGINEERING SERVICES
• Provide survey, preliminary and final engineering/architectural design services that
may include the preparation of plans, specifications, structural calculations,
technical studies and technical specifications for storm drain, sewer, public facility
and street improvement improvements in accordance with the design policies and
Standard Plans (APWA) for Public Works Construction.
• Provide inspection services for grading, street, sanitary sewer, storm drain and
misc. facility improvements associated with maintenance related to projects within
public property (Parks, City Hall, Diamond Bar Center, etc.) or public right-of-way.
Tasks may include maintenance improvement projects for the City’s rights-of-way and/or
City-maintained facilities with respect to Americans with Disabilities Act (ADA)
compliance, lighting, grading, sewer, storm drain, street improvements, or parking lot.
Tasks may also include conceptual development of Capital Improvement Program (CIP)
Projects to establish project scope and budget to be proposed for the following budget
year. Tasks will not include the preparation of plans, specifications, estimates, and
construction management/inspection services for the construction of CIP Projects in
excess of $200,000 (minor projects only).
ARCHITECTURAL DESIGN SERVICES
• Landscape architectural design services for City parks, trails, street medians and
parking lots, for conceptual preparation and final plans, specifications, estimates,
and scheduling;
• Provide structural, mechanical, and electrical evaluation and solutions including
upgrades and remodels for City facilities (exterior and interior);
• Provide construction management & inspection services for City facility and
landscape improvement maintenance projects that require landscape
architectural review and sign off.
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Tasks may also include conceptual development of Capital Improvement Program (CIP)
Projects to establish project scope and budget to be proposed for the following budget
year. Tasks will not include the preparation of plans, specifications, estimates, and
construction management/inspection services for the construction of CIP Projects in
excess of $200,000. Projects must comply with California Building Code and Americans
with Disabilities Act (ADA) requirements and conform to Diamond Bar Streetscape Design
Guidelines and the City’s General Plan. All tasks shall include complete data collection
including, but not limited to. file review, General Plan review, scoping meetings, boundary
and topographic surveying, research existing utility locations and engineering studies.
PROPOSAL CONTENT AND FORMAT
1. PROJECT TEAM: Please provide an organizational chart indicating principles and
key project team members. Also, provide resumes of the key personnel involved
with this contract including personnel from sub-consultants (if any). Identify the
experience of the personnel assigned and briefly outline the responsibilities of
each member. If any changes in personnel occur during the contrac t period, the
consultant shall notify the City and furnish the same required information.
2. FIRM’S EXPERIENCE/REFERENCES: List a maximum of five (5) Public
Agencies in the greater Los Angeles area where similar services are being
provided. Provide the following information: agency name, project manager's
name, and services provided.
3. PROJECT UNDERSTANDING: Describe the approach and methods that will be
used to meet the contract requirements. Also, identify any potential concerns or
problems that your firm anticipates during the term of this contract.
4. FEE SCHEDULE: Provide the hourly rates of all personnel assigned to the
contract. These rates may be used for time and material tasks for Land
Development Projects.
Consultant fees for improvement plan check and inspection services will be subject
to 82% of the applicable fees as established in the City’s current Public Works Fee
Schedule (Attachment 2). It should be assumed that, on average, the fees will
cover up to three (3) plan checks and inspections. It can be anticipated that the
City will annually adjust the Public Works Fee Schedule by the Consumer Price
Index for the region. Therefore, Consultant fees for these services will be adjusted
in accordance with the change to the Public Works Fee Schedule.
All other tasks under General Services will be negotiated on a case-by-case basis
using the hourly rates provided for personnel assigned to the contract. Each
specific assignment under an on-call engineering services contract will be
compensated on either lump sum or time -and-materials basis. The method of
compensation will be specified in writing by the City at the time the assignment is
given.
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Rate increase shall be kept the same for the first three (3) years of the contract
and rate increase will be ONLY considered in the year four (4) and year five (5), if
an extension is awarded.
GENERAL TERMS AND CONDITIONS
1. Issuance of this Request for Proposals (RFP) and receipt of bids does not commit
the City to award an agreement. The City expressly reserves the right to postpone
the bid opening date for its own convenience, to accept or reject any or all bids
received in response to this RFP, to negotiate with more than one vendor
concurrently, or to cancel all or part of this RFP.
2. The City reserves the right to reduce or revise elements of the scope of work prior
to the award of any agreement. Furthermore, the City reserves the right to reject
any or all proposals submitted; and no representation is made hereby that any
agreement will be awarded pursuant to this Request for Proposals, or otherwise.
All costs incurred in the preparation of the proposal, in the submission of additional
information and/or in any other aspect of a proposal prior to the award of a written
agreement will be borne by the bidder.
3. Bids submitted may be withdrawn by written or email request received by the City
before the hour set for opening. After such hour, it may not be withdrawn.
4. The City reserves the right to reject any or all bids and to waive any informality or
technical defect in a bid.
5. All bids must be signed by a responsible officer or authorized employee of the firm,
giving the firm’s name and address. Obligations assumed by such signature must
be fulfilled.
6. Submissions of a signed bid will be interpreted to mean that the bidder has thereby
agreed to all of the terms and conditions set forth in the bid package.
9. CONTRACT PERIOD: The term of the contract will be three (3) years with the
option of an additional 2-year extension upon performance. At the end of the three
(3) year period, firm performance will be reviewed and City will decide to extend or
not the professional service agreement.
10. INVITATION FOR INTERVIEW (OPTIONAL): Firm(s) selected for further
consideration for all or parts of the tasks in the scope of work may be contacted to
arrange for an interview with City Staff via a virtual meeting platform. Should a firm
be asked to participate in the interview, principal and personnel assigned to the
City should be available to discuss the following:
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• Major elements of the proposal; and be prepared to answer any questions
raised to clarify in detail, and
• Satisfactory performance on similar past/current work and description of
previously/current related experience for assigned personnel.
11. SELECTION PROCEDURE: Criteria for evaluation of proposals may include, but
need not be limited to, the following:
• Responsiveness and comprehensiveness of proposal.
• Firm’s and assigned personnels’ experience with the City of Diamond Bar
and other public agencies.
• Quality of previous work performed by the firm.
• Resources and fee required to perform the requested services.
• The firm’s comments on the consulting services agreement.
• References.
12. RIGHT TO REJECT ALL PROPOSALS: The City reserves the right to reduce or
revise elements of the scope of work prior to the award of a contract. Furthermore,
the City reserves the right to reject any proposal and may elect to make a decision
without further discussion or negotiation. This solicitation is not to be construed as
a contract of any kind. The City is not liable for any costs or expenses incurred in
the preparation of the proposals. The right to issue supplementary information or
guidelines relating to this request is also reserved by the City. All proposals
submitted to the City in response to this RFP shall become property of the City.
13. FEE PROPOAL: A fee proposal shall be submitted separately, including a detailed
schedule with all proposed staff, the hours each person will devote to a given task,
and all reimbursable services to complete work described in the proposed Scope
of Service. The fee proposal(s) shall be uploaded on PlanetBids separately bearing
the name, address, and telephone number of the individual or entity submitting the
proposal.
14. INSURANCE: Proof of insurance requirements addressed in the professional
services agreement of this Request for Proposal shall be submitted by the selected
Consultant upon execution of the contract for submittal to the City Council.
The selected Consultant must submit a "Statement Certifying Insurance Coverage"
certifying that the required insurance coverage will be obtained by the Consultant,
and that the Consultant understands said coverage is prerequisite for entering into
an agreement with the City. The Consultant is required to confirm with its insurance
carrier that it can meet all the requirements for insurance. Failure to meet the
insurance regulations as set forth shall result in the Consultant's disqualification.
15. AGREEMENT: A copy of the City’s consultant services agreement can be found
as Attachment 1. A statement SHALL be made in the proposal that all terms and
conditions including insurance requirements are acceptable. Any proposed edits
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to the agreement shall be submitted with the proposal for staff's review and
consideration.
ATTACHMENTS SCHEDULE
• ATTACHMENT 1 Sample Contract Agreement
• ATTACHMENT 2 City’s FY2022-23 Fee Schedule
• ATTACHMENT 3 City’s 2021 MS4 Permit
• ATTACHMENT 4 Grading Plan Check Requirements
• ATTACHMENT 5 City’s Hillside Management Ordinance
RFP SCHEDULE
• May 1, 2023 Release of RFP
• May 26, 2023 Proposal Due to the City
• June 1, 2023 Invitation for Interview (Optional)
• June 2023 Award of Contract
SUBMITTAL OF PROPOSALS
An electronic copy of the bid, in PDF format, shall be uploaded onto PlanetBids on or
before two o’clock (2:00) P.M. on Friday, May 26, 2023. Only electronic bids will be
accepted. All bids will be visible to the public via PlanetBids after the submission deadline.
Use the link below to register: https://www.diamondbarca.gov/712/RFP-RFQ-BID-Opportunities.
QUESTIONS
Any questions can be posted within the Q&A Section in PlanetBids. Please post all
questions no later than 4:00 P.M. on May 19, 2023.
Sincerely,
David G. Liu, P.E.
Director of Public Works/City Engineer
RMRA Measure M R Local Return Gas Tax
eet Rehab.- Area 1a, 1b, 2 (Design)
n)
ntain Laurel)
anyon to Lemon)
to BCY)
82,779$ 82,779$
om Pathfinder to Mountain Laurel Way) (Const.)1,200,000$ 1,200,000$
eet Rehab - Area 1 (Const.)2,000,000$ 925,000$ 850,000$ 89,0 $
en Springs from Brea Canyon to Lemon Ave.) (Const.)900,000$ 500,000$
mp Project (Const.)177,855$
nt Projects 4,360,634$ 1,700,000$ 1,007,779$ 850,000$ 89,0 $
250-5510-46412)
Project Description Total FY Budget (109) Measure
M
(111)
Gas Tax
(112)
Prop A
(113)
Prop C
Sign and HSL Replacement (Design)50,000$ 50,000$
Sign and HSL Replacement (Construction)350,000$ 350,000$
al 11 Locations (Design and Construction)380,000$ 90,000$ 100,000$ 190,0 $
780,000$ 350,000$ 140,000$ 100,000$ 190,0 $
ments (250-5510-46413)
Project Description Total FY Budget (113)
Prop C
Foothill Transit
Grant
60,000$ 60,000$
SD/Calbourne 40,000$ 40,000$
nfrastructure Improvements 100,000$ 60,000$ 40,000$
0-5510-46420)
Project Description Total FY Budget (107) Measure
W
(108)
RMRA
(109)
Measure M
(113)
Prop C
ovements-Phase 3 (Flapjack-Design)65,000$ 65,000$
ATTACHMENT 1
Sample Agreement
CONSULTANT SERVICES AGREEMENT
THIS AGREEMENT (the "Agreement") is made as of ________ by and between
the City of Diamond Bar, a municipal corporation ("City") and _______, Inc.
("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 attached
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 restrictions 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.
Nicholas Delgado, Engineering Technician (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, 2023, and
shall continue until June 30, 2026 ("Term"), unless earlier terminated pursuant to the
provisions herein.
The City Manager shall have the option to extend this Agreement for
___________, subject to the same terms and conditions contained herein, by giving
Consultant written notice of the exercise of this option at least thirty (3 0) days prior to the
expiration of the initial Term. In the event the City exercises its option to extend the Term,
Consultant's compensation shall be subject to an adjustment upon the effective date of
extension as follows:
Any increase in compensation will be negotiated between the City and the
Consultant, but in no event shall the increase exceed the amount that the Consumer Price
Index ("CPI") for the Los Angeles-Anaheim-Riverside metropolitan area for the month
immediately preceding the Adjustment Date (the "Index Month") as reported by the
Bureau of Labor Statistics of the United States Department of Labor, has increased over
the CPI for the month one year prior to the Index Month.
3. Compensation. City agrees to compensate Consultant for each s ervice
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 pursu ant to this
Agreement shall not exceed _____ Dollars ($) annually 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 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.
C. Payment will be made only after submission of proper invoices.
D. City will pay Consultant the amount property invoiced within 30 days of
receipt, which sum shall be paid within 30 days of completion of the work.
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 City 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 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 Agreement 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 profession 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.
To the maximum extent permitted by Civil Code section 2782.8, 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 (including 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 City. 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 inclusive 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 exten d
to any third-party indemnification rights of any kind.
(3) To the fullest extent permitted by law, the Consultant agrees to
indemnify and hold indemnitees entirely harmless from all liability arising out of any claim,
loss, injury to or death of persons or damage to property caused by the negligent
professional act or omission in the performance of professional services pursuant to this
Agreement.
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:
(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;
(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;
and
(5) Professional liability insurance covering errors and omissions arising
out of the performance of this Agreement with a combined single limit of $1,000,000. If
such insurance is on claims made basis, Consultant agrees to keep such insurance in full
force and effect for at least five years after termination or date of completion of this
Agreement.
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 pursuant
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
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 paid 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 limitation 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 Agreement. Consultant
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.
14. 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.
15. Termination. The City may terminate this Agreement with or without cause
upon thirty (30) 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 thirtieth (30th) 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.
16. 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 b y
Consultant or under it supervision, and all personnel engaged in the work shall be
qualified to perform such services.
17. 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
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 in serted in all
subcontracts for any work covered by this Agreement except contracts or subcontracts
for standard commercial supplies or raw materials.
18. Time of Completion. Consultant agrees to commence the work provided
for in this Agreement within (5) days of being notified by the City to proceed and to
diligently prosecute completion of the work during the term.
19. 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.
20. Delays and Extensions of Time. Consultant's sole remedy for delays
outside its control shall be an extension of time. No matter what the cause of the delay,
Consultant must document any delay and request an extension o f time in writing at the
time of the delay to the satisfaction of City. Any extensions granted shall be limited to the
length of the delay outside Consultant’s control. If Consultant believes that delays caused
by the City will cause it to incur additional costs, it must specify, in writing, why the delay
has caused additional costs to be incurred and the exact amount of such cost within 10
days of the time the delay occurs. No additional costs can be paid that exceed the not to
exceed amount absent a written amendment to this Agreement. In no event shall the
Consultant be entitled to any claim for lost profits due to any delay, whether caused by
the City or due to some other cause.
21. 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.
22. Compliance with Laws. Consultant shall comply with all applicable laws,
ordinances, codes and regulations of the federal, state, and local governments.
23. 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.
24. Reserved.
25. 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 costs 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 o r in
equity with respect to any such dispute or controversy.
26. 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 the 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”
______________ City of Diamond Bar
______________ 21810 Copley Drive
Diamond Bar, CA 91765-4178
Attn.: Attn.: DAN FOX, City Manager
Phone: Phone: (909) 839-7000
E-mail: E-mail: DFOX@DIAMONDBARCA.gov
27. Governing Law. This Agreement shall be interpreted, construed and
enforced in accordance with the laws of the State of California. The venue for any action
brought under this Agreement shall be in Los Angeles County.
28. 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.
29. Entire Agreement. This Agreement, and any other documents
incorporated herein by reference, represent the entire and integrated agreement 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.
IN WITNESS of this Agreement, the parties have executed this Agreement as of
the date first written above.
"Consultant" "City"
CITY OF DIAMOND BAR
By: __________________________ By: __________________________
Printed Name: _________________ Andrew Chou, MAYOR
Title: _____________________ ___
ATTEST:
By: __________________________ By: ___________________________
Printed Name: _________________ Kristina Santana, CITY CLERK
Title: _____________________ ___
Approved as to form:
By: ___
Omar Sandoval, CITY ATTORNEY
*NOTE: If Consultant is a corporation, the City requires the following signature(s):
-- (1) the Chairman of the Board, the President or a Vice-President, AND (2) the Secretary,
the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Tre asurer.
If only one corporate officer exists or one corporate officer holds more than one corporate
office, please so indicate. OR
-- The corporate officer named in a corporate resolution as authorized to enter into this
Agreement. A copy of the corporate resolution, certified by the Secretary close in time to
the execution of the Agreement, must be provided to the City.
ATTACHMENT 2
City’s FY2022-23 Fee Schedule
Public Works & Engineering Department Fees | 202223 Fee Schedule 1
2022-23 FEE SCHEDULE
Public Works & Engineering Department Fees
Effective July 1, 2022
ACTION FEE*
As-Builts
Minor Amendments/Revisions To
Improvement Plans
As-Builts - $3,000 deposit (RFD) with
charges at the fully allocated hourly
rates for all personnel involved plus any
outside costs.
Other – Deposit (RFD) determined by staff
with charges at the fully allocated hourly
rates for all personnel involved plus any
outside costs.
Certificate of Correction
For Any Changes To Final Recorded Maps
$2,500 Minimum deposit (RFD) with
charges at the fully
allocated hourly rates for all
personnel involved plus any
outside costs.
Change of Address
Changes of Individual Addresses,
Assigning of New Addresses (New
Subdivision)
$486.45
Application
Change of Improvement Plans
Changes Made Prior To City Approval
As-Builts - $3,000 deposit (RFD) with
charges at the fully allocated hourly
rates for all personnel involved plus any
outside costs.
Other – Deposit (RFD) determined by staff
with charges at the fully allocated hourly
rates for all personnel involved plus any
outside costs.
Construction/Demolition
Monitoring Such Activities to Ensure Proper
Diversion of Recyclables
$252.64 Each
Curb & Gutter, Plan Check / Inspection
Installation in Public Right-of-Way
$529.02
L.F.
$529.02 per linear foot plus
$2.17 per linear foot over 100
linear feet
Curb Core Inspection $133.78 Per permit
Parkway Drain Inspection $449.98 Per permit
Public Works & Engineering Department Fees | 202223 Fee Schedule 2
Dedication/Vacation
Residential (One Lot) & All Others
$2,500 Minimum Deposit (RFD)
determined by staff with
charges at the fully allocated
hourly rates for all personnel
involved plus any outside
costs.
Drainage/Parking Lots/Erosion Control Plan
Projects with 50 CY of Grading or Less
Require Drainage Plan Approval
Quantity Calculated = Cut + Fill
$297.95 Application
Drainage Inspection (Rip-Rap)
For Hillside Drainage Projects
$2,500 Minimum Deposit (RFD)
determined by staff with
charges at the fully
allocated hourly rates for all
personnel involved plus any
outside costs.
Driveway Approach, Plan Check /
Inspection
For Residential or Commercial Access
$529.02
$747.92
Per permit – replacement of
existing
Per permit –
new/relocation/widen
Dumpsters
Use of Trash Dumpsters in Public ROW
$42.57 Per permit – valid for 7 days
Easement Checking
$2,500 Minimum deposit (RFD)
determined by staff with
charges at the fully
allocated hourly rates for all
personnel involved plus any
outside costs.
Engineering Plan Review
Any Plan Check/Inspection Not Listed
$2,500 Minimum deposit (RFD) with
charges at the fully
allocated hourly rates for all
personnel involved plus any
outside costs
Supplemental Submittals (After 3
Submittals)
Each Submittal of Unresolved Plan Checks
Deposit (RFD) determined by staff with
charges at the fully allocated hourly
rates for all personnel involved plus any
outside costs.
Geotechnical & Geological Reports
For All Grading/Subdivision Projects and
Construction in Restricted Use Area
$2,500 Minimum deposit (RFD) with
charges at the fully
allocated hourly rates for all
personnel involved plus any
outside costs.
Geotechnical Observation
Observation by Geotechnical Engineer of
Grading Activities
$2,500 Minimum deposit (RFD) with
charges at the fully
allocated hourly rates for all
personnel involved plus any
outside costs.
Public Works & Engineering Department Fees | 202223 Fee Schedule 3
Grading, Plan Check
Projects with 51 CY or Greater Require
Grading Plan Approval & Permit
Quantity Calculated = Cut + Fill
$1,295.17
$1,295.17
+ $26.75
$1,535.96
+$72.97
Deposit
50-100CY
101-1,000 CY
Per 100 CY in excess of 101
1,001-10,000 CY
Per 1,000 CY in excess of
1,001
10,001+ CY –
Deposit (RFD) determined by
staff with charges at the fully
allocated hourly rates for all
personnel involved plus any
outside costs.
Grading, Inspection
Projects with 51 CY or Greater Require
Grading Plan Approval & Permit
Quantity Calculated = Cut + Fill
$851.29
$851.29
+ $9.12
$933.99
+$105.8
0
Deposit
50-100CY
101-1,000 CY
Per 100 CY in excess of 101
1,001-10,000 CY
Per 1,000 CY in excess of
1,001
10,001+ CY –
Deposit (RFD) determined by
staff with charges at the fully
allocated hourly rates for all
personnel involved plus any
outside costs.
House Numbering
Painting House Numbers on Public Curbs
$79.05 $79.05 permit plus $1,000
refundable deposit (RFD)
Hydrology & Hydraulic Reports
For All Major Grading/Subdivision Projects
And Construction in Flood Control Area
$2,500 Minimum deposit (RFD) with
charges at the fully
allocated hourly rates for all
personnel involved plus any
outside costs.
Subdivision Agreement
Review/Preparation
Review of Subdivision Agreements Prior to
Final Map Approval
$448.06 Each
Improvement/Security Agreement
Review Engineer’s Estimates for Bonding
Purposes of Grading, Sewer, Storm Drain
Street, Landscape, & Monumentation
$448.06 Each
Public Works & Engineering Department Fees | 202223 Fee Schedule 4
Other Field Inspection
Any Field Inspections Not Previously Listed
Minimum $2,500 deposit (RFD) with
charges at the fully allocated hourly
rates for all personnel involved plus any
outside costs.
Lane Closures
Work on Private Property, Block Parties
Any private use
$322.26 Per permit
Limited Collection Permit (valid one
calendar yr.)
$285.79 Per permit
Traffic Control, Plan Check / Inspection
For Projects Requiring Traffic Control Plans
For Public Street Closures
Deposit (RFD) determined by staff with
charges at the fully allocated hourly rates
for all personnel involved plus any outside
costs.
Map Analysis, Plan Check
Tract & Parcel Maps
$2,500 Minimum deposit (RFD)
determined by staff with
charges at the fully
allocated hourly rates for all
personnel involved plus any
outside costs.
Minor Lot Line Adjustment, Plan Check $2,500 Minimum deposit (RFD)
determined by staff with
charges at the fully
allocated hourly rates for all
personnel involved plus any
outside costs.
Monitoring Well
Lane Closure Permits for Public Streets
$240.50 Per permit – valid 90 days
Other Engineering Reports, Plan Check
Any Engineering Reports Not Listed
$2,500 Minimum deposit (RFD)
determined by staff with
charges at the fully
allocated hourly rates for all
personnel involved plus any
outside costs.
Permanent Encroachment Agreement $358.76
$194.58
Per new application
Per existing application, plus
any actual legal/outside costs
Re-Inspection Fee
Re-Inspection Due to Failed Inspections,
Corrections Required, Premature
Inspections, Or Other Additional Requests
Minimum Deposit (RFD) determined by
staff with charges at the fully allocated
hourly rates for all personnel involved plus
any outside costs.
Self-Hauling Permit $930.33
$698.06
$465.78
$232.28
Issued Jan.-Mar.
Issued Mar.-Jun.
Issued Jul.-Sep.
Issued Oct.-Dec.
Septic Tank, Plan Check
Review of Conformance With State
Guidelines. Permits Issued by B&S
$962.97 Minimum deposit (RFD)
Public Works & Engineering Department Fees | 202223 Fee Schedule 5
Sewer Saddle / Lateral
Installation of Sewer Laterals Only
$267.55 Per permit plus County fee
Sewer Plans, Plan Check
Sewer Work, Public/Private Mainline /
Lateral
As-Builts - $3,000 deposit (RFD) with
charges at the fully allocated hourly
rates for all personnel involved plus any
outside costs.
Other - Deposit (RFD) determined by staff
with charges at the fully allocated hourly
rates for all personnel involved plus any
outside costs.
Sewer Plans, Inspection
Sewer Work, Public/Private
Mainline/Lateral
As-Builts - $3,000 deposit (RFD) with
charges at the fully allocated hourly
rates for all personnel involved plus any
outside costs.
Other - Deposit (RFD) determined by staff
with charges at the fully allocated hourly
rates for all personnel involved plus any
outside costs.
Sewer System Overflow
Enforcement of Sewer System Overflows
Reported by L.A. County
$512.07 Project
Sidewalk, Plan Check / Inspection
Cuts, Removal/Replacement
Residential or Commercial
$529.02
L.F
$529.02 linear foot plus $2.45
per linear food over 100
linear feet.
Street Plans, Plan Check
For All New Public/Private Streets
As-Builts - $3,000 deposit (RFD) with
charges at the fully allocated hourly
rates for all personnel involved plus any
outside costs.
Other - Deposit (RFD) determined by staff
with charges at the fully allocated hourly
rates for all personnel involved plus any
outside costs.
Street Plans, Inspection
For All New Public/Private Streets
As-Builts - $3,000 deposit (RFD) with
charges at the fully allocated hourly
rates for all personnel involved plus any
outside costs.
Other - Deposit (RFD) determined by staff
with charges at the fully allocated hourly
rates for all personnel involved plus any
outside costs.
Stock Piling, Plan Check
Retention of Dirt For Established Period
of Time
$188.50 Per plan
Public Works & Engineering Department Fees | 202223 Fee Schedule 6
Stock Piling, Inspection
Retention of Dirt For Established Period
of Time
$188.50 Per permit
Storm Drain, Plan Check
For All Storm Drain Work, Public/Private
Mainline, Laterals
As-Builts - $3,000 deposit (RFD) with
charges at the fully allocated hourly
rates for all personnel involved plus any
outside costs.
Other - Deposit (RFD) determined by staff
with charges at the fully allocated hourly
rates for all personnel involved plus any
outside costs.
Storm Drain, Inspection
For All Storm Drain Work, Public/Private
Mainline, Laterals
As-Builts - $3,000 deposit (RFD) with
charges at the fully allocated hourly
rates for all personnel involved plus any
outside costs.
Other - Deposit (RFD) determined by staff
with charges at the fully allocated hourly
rates for all personnel involved plus any
outside costs.
Storm Drain Transfer to County $802.65 Application
Storm Drain/Sewer Structure
Review/Inspect.
Any Storm Drain/Sewer-Related Junction
$193.29 Each
Standard Urban Stormwater Mitigation Plan
SUSMP
Deposit (RFD) determined by staff with
charges at the fully allocated hourly rates
for all personnel involved plus any outside
costs.
Stormwater Business Inspection $364.84 Per inspection
Stormwater Protect Plan / Inspection Deposit (RFD) determined by staff with
charges at the fully allocated hourly rates
for all personnel involved plus any outside
costs.
Time Extension, Improvement Agreement $491.99 Each
Time Extension, Unexpired Plan
Checks/Permits
$30.40 Per application
Traffic Studies & Mitigation Reports $3,514.16 Minimum deposit (RFD)
Transportation Permits
Oversize Load, Weight, Width, Length,
Height, Etc.
$16.00 Per permit
Utilities $796.55 $796.55 per permit plus $3.65
per linear ft. over 150 linear ft.
Utility Encroachment - Non-Street Cut
No physical cuts in street, sidewalk, or
any public impermeable surface
$267.55 Per permit
Utility Residential Street Closure $322.26 Per permit
Public Works & Engineering Department Fees | 202223 Fee Schedule 7
*All City fees are subject to an annual Consumer Price Index (CPI) increase starting July 1, 2018.
The CPI will be calculated using the March to March rates of the federal Consumer Price Index
(CPI) for Wage Earners and Clerical Workers in Los Angeles/Orange Counties.
(+) Select City fees will be brought to 100% full cost recovery over a three year period, with the
full increase phased in over three years, plus the CPI increase starting July 1, 2018.
(RFD) Deposit based fees will be charged at the fully allocated hourly rates for all personnel
involved plus any outside costs, with any unused portion of a deposit based fee being refunded
to the applicant at the conclusion of the project. In certain circumstances where project costs
are higher than the available deposit, the applicant will be required to submit additional funds
into the deposit account.
ATTACHMENT 3
City’s 2021 MS4 NPDES Permit
MS4 DISCHARGES WITHIN THE ORDER R4-2021-0105
LOS ANGELES REGION NPDES NO. CAS004004
ORDER 1
CALIFORNIA REGIONAL WATER QUALITY CONTROL BOARD
LOS ANGELES REGION
320 W. 4th Street, Suite 200, Los Angeles, California, 90013
(213) 576 - 6600; MS4stormwaterRB4@waterboards.ca.gov
http://www.waterboards.ca.gov/losangeles
REGIONAL PHASE I MS4 NPDES PERMIT
ORDER NO. R4-2021-0105
NPDES PERMIT NO. CAS004004
WASTE DISCHARGE REQUIREMENTS AND NATIONAL POLLUTANT DISCHARGE ELIMINATION
SYSTEM (NPDES) PERMIT FOR MUNICIPAL SEPARATE STORM SEWER SYSTEM (MS4)
DISCHARGES WITHIN THE COASTAL WATERSHEDS OF LOS ANGELES AND VENTURA
COUNTIES
The Los Angeles County Flood Control District, County of Los Angeles, 85 incorporated cities within
the coastal watersheds of Los Angeles County, Ventura County Watershed Protection District,
County of Ventura, and 10 incorporated cities within Ventura County (hereinafter referred to
separately as Permittees and jointly as Dischargers) are subject to waste discharge requirements
(WDRs) for their municipal separate storm sewer system (MS4)1 discharges originating from within
their jurisdictional boundaries composed of stormwater and non-stormwater as set forth in this Order.
Table 1. Discharger Information
Table 2. Facility Information for Ventura County Permittees
Permittee
(SMARTS WDID) Physical Address
Ventura County Watershed Protection District 800 S. Victoria Ave.
1 See Attachment A for definitions of terms, acronyms, and abbreviations used in the Order and all other
attachments.
2 SMARTS provides a platform where dischargers, regulators, and the public can enter, manage, and view
stormwater data including permit applications and compliance and monitoring data associated with NPDES
permits for stormwater discharges issued by the State of California. SMARTS is compliant with U.S. EPA’s Cross-
Media Electronic Reporting Rule, which sets requirements for electronic reporting of NPDES permit-related
submittals.
Dischargers
The Los Angeles County Flood Control District, County of Los Angeles,
85 incorporated cities within the coastal watersheds of Los Angeles
County, Ventura County Watershed Protection District, the County of
Ventura, and 10 incorporated cities within Ventura County (see Table 2
and Table 3).
Name of Facility Municipal Separate Storm Sewer Systems (MS4s) per 40 CFR §
122.26(b)(8) within the Los Angeles Region
Facility Contacts,
Titles, Addresses,
and Phone Numbers
Available through the Stormwater Multiple Application and Report
Tracking System (SMARTS)2 at
https://smarts.waterboards.ca.gov/smarts/faces/SwSmartsLogin.xhtml
The U.S. Environmental Protection Agency (U.S. EPA) and the California Regional Water Quality Control
Board, Los Angeles Region (Los Angeles Water Board) have classified the MS4s located in the Los
Angeles Region as a large phase I municipal separate storm sewer system (MS4) pursuant to 40 CFR
section 122.26(b)(4) and a major facility pursuant to 40 CFR section 122.2.
MS4 DISCHARGES WITHIN THE ORDER R4-2021-0105
LOS ANGELES REGION NPDES NO. CAS004004
ORDER 2
Permittee
(SMARTS WDID) Physical Address
(4 56M1000326) Ventura CA, 93009
Ventura County
(4 56M1000183)
800 S. Victoria Ave.
Ventura CA, 93009
Camarillo
(4 56M1000173)
601 Carmen Drive
Camarillo, CA 93010
Fillmore
(4 56M1000174)
250 Central Ave.
Fillmore, CA 93015
Moorpark
(4 56M1000175)
799 Moorpark Ave,
Moorpark, CA 93021
Ojai
(4 56M1000176)
408 South Signal Street
Ojai, CA 93023
Oxnard
(4 56M1000177)
305 West Third Street
Oxnard, CA 93030
Port Hueneme
(4 56M1000178)
250 North Ventura Road
Port Hueneme, CA 93041
Santa Paula
(4 56M1000179)
970 Ventura Street
Santa Paula, CA 93060
Simi Valley
(4 56M1000180)
2929 Tapo Canyon Road
Simi Valley, CA 93063
Thousand Oaks
(4 56M1000181)
2100 Thousand Oaks Boulevard
Thousand Oaks, CA 91362
Ventura3
(4 56M1000182)
501 Poli Street
Ventura, CA 93001
Table 3. Facility Information for Los Angeles County Permittees
Permittee
(SMARTS WDID) Physical Address
Los Angeles County Flood Control District
(4 19M1000134)
900 South Fremont Avenue
Alhambra, CA 91803
County of Los Angeles
(4 19M1000133)
900 South Fremont Avenue
Alhambra, CA 91803
Agoura Hills
(4 19M1000086)
30001 Ladyface Court
Agoura Hills, CA 91301
Alhambra
(4 19M1000087)
111 South First Street
Alhambra, CA 91801
Arcadia
(4 19M1000088)
11800 Goldring Road
Arcadia, CA 91066-6021
Artesia
(4 19M1000089)
18747 Clarkdale Avenue
Artesia, CA 90701
Azusa
(4 19M1000090)
213 East Foothill Boulevard
Azusa, CA 91702
3 Formerly referred to as San Buenaventura.
MS4 DISCHARGES WITHIN THE ORDER R4-2021-0105
LOS ANGELES REGION NPDES NO. CAS004004
ORDER 3
Permittee
(SMARTS WDID) Physical Address
Baldwin Park
(4 19M1000091)
14403 East Pacific Avenue
Baldwin Park, CA 91706
Bell
(4 19M1000092)
6330 Pine Avenue
Bell, CA 90201
Bell Gardens
(4 19M1000093)
8327 Garfield Avenue
Bell Gardens, CA 90201-3293
Bellflower
(4 19M1000094)
16600 Civic Center Drive
Bellflower, CA 90706
Beverly Hills
(4 19M1000095)
455 North Rexford Drive
Beverly Hills, CA 90210
Bradbury
(4 19M1000096)
600 Winston Avenue
Bradbury, CA 91008
Burbank
(4 19M1000097)
275 East Olive Avenue
Burbank, CA 91502
Calabasas
(4 19M1000098)
100 Civic Center Way
Calabasas, CA 91302
Carson
(4 19M1000099)
701 East Carson Street
Carson, CA 90745
Cerritos
(4 19M1000100)
18125 Bloomfield Avenue
Cerritos, CA 90703-3130
Claremont
(4 19M1000102)
207 Harvard Avenue
Claremont, CA 91711
Commerce
(4 19M1000103)
2535 Commerce Way
Commerce, CA 90040
Compton
(4 19M1000104)
205 South Willowbrook Avenue
Compton, CA 90220
Covina
(4 19M1000105)
125 East College Street
Covina, CA 91723
Cudahy
(4 19M1000106)
5220 Santa Ana Street
Cudahy, CA 90201
Culver City
(4 19M1000107)
9770 Culver Boulevard
Culver City, CA 90232
Diamond Bar
(4 19M1000108)
21810 East Copley Drive
Diamond Bar, CA 91765
Downey
(4 19M1000109)
11111 Brookshire Avenue
Downey, CA 90241
Duarte
(4 19M1000110)
1600 Huntington Drive
Duarte, CA 91010
El Monte
(4 19M1000111)
11333 Valley Boulevard
El Monte, CA 91731
El Segundo
(4 19M1000112)
350 Main Street
El Segundo, CA 90245
Gardena 1700 West 162nd Street
MS4 DISCHARGES WITHIN THE ORDER R4-2021-0105
LOS ANGELES REGION NPDES NO. CAS004004
ORDER 4
Permittee
(SMARTS WDID) Physical Address
(4 19M1000113) Gardena, CA 90247-3732
Glendale
(4 19M1000114)
Engineering Section
633 East Broadway, Room 209
Glendale, CA 91206
Glendora
(4 19M1000115)
116 East Foothill Boulevard
Glendora, CA 91741
Hawaiian Gardens
(4 19M1000116)
21815 Pioneer Boulevard
Hawaiian Gardens, CA 90716
Hawthorne
(4 19M1000117)
4455 West 126th Street
Hawthorne, CA 90250
Hermosa Beach
(4 19M1000118)
1315 Valley Drive
Hermosa Beach, CA 90254
Hidden Hills
(4 19M1000119)
6165 Spring Valley Road
Hidden Hills, CA 91302
Huntington Park
(4 19M1000120)
6550 Miles Avenue
Huntington Park, CA 90255
Industry
(4 19M1000101)
15625 East Stafford Street, Suite 100
Industry, CA 91744
Inglewood
(4 19M1000121)
1 W. Manchester Boulevard, 3rd Floor
Inglewood, CA 90301-1750
Irwindale
(4 19M1000122)
5050 North Irwindale Avenue
Irwindale, CA 91706
La Cañada Flintridge
(4 19M1000123)
One Civic Center Dr. La Cañada Flintridge, CA
91011
La Habra Heights
(4 19M1000124)
1245 North Hacienda Road
La Habra Heights, CA 90631
La Mirada
(4 19M1000125)
13700 La Mirada Boulevard
La Mirada, CA 90638
La Puente
(4 19M1000126)
15900 East Main Street
La Puente, CA 91744
La Verne
(4 19M1000127)
3660 “D” Street
La Verne, CA 91750
Lakewood
(4 19M1000128)
5050 Clark Avenue
Lakewood, CA 90712
Lawndale
(4 19M1000129)
14717 Burin Avenue
Lawndale, CA 90260
Lomita
(4 19M1000130)
24320 Narbonne Avenue
Lomita, CA 90717
Long Beach
(4 19M1000131)
333 West Ocean Boulevard, 9th Floor
Long Beach, CA 90802
Los Angeles
(4 19M1000132)
1149 S. Broadway, 10th Floor
Los Angeles, CA 90015
Lynwood 11330 Bullis Road
MS4 DISCHARGES WITHIN THE ORDER R4-2021-0105
LOS ANGELES REGION NPDES NO. CAS004004
ORDER 5
Permittee
(SMARTS WDID) Physical Address
(4 19M1000135) Lynwood, CA 90262
Malibu
(4 19M1000136)
23825 Stuart Ranch Road
Malibu, CA 90265-4861
Manhattan Beach
(4 19M1000137)
1400 Highland Avenue
Manhattan Beach, CA 90266
Maywood
(4 19M1000138)
4319 East Slauson Avenue
Maywood, CA 90270
Monrovia
(4 19M1000139)
415 South Ivy Avenue
Monrovia, CA 91016
Montebello
(4 19M1000140)
1600 West Beverly Boulevard
Montebello, CA 90640
Monterey Park
(4 19M1000141)
320 West Newmark Avenue
Monterey Park, CA 91754
Norwalk
(4 19M1000142)
12650 East Imperial Highway
Norwalk, CA 90650
Palos Verdes Estates
(4 19M1000143)
340 Palos Verdes Drive West
Palos Verdes Estates, CA 90274
Paramount
(4 19M1000144)
16400 Colorado Avenue
Paramount, CA 90723
Pasadena
(4 19M1000145)
100 North Garfield Avenue
Pasadena, CA 91101
Pico Rivera
(4 19M1000146)
6615 Passons Boulevard
Pico Rivera, CA 90660
Pomona
(4 19M1000147)
505 South Garey Avenue
Pomona, CA 91766
Rancho Palos Verdes
(4 19M1000148)
30940 Hawthorne Boulevard
Rancho Palos Verdes, CA 90275
Redondo Beach
(4 19M1000149)
415 Diamond Street
Redondo Beach, CA 90277
Rolling Hills
(4 19M1000150)
2 Portuguese Bend Road
Rolling Hills, CA 90274
Rolling Hills Estates
(4 19M1000151)
4045 Palos Verdes Drive North
Rolling Hills Estates, CA 90274
Rosemead
(4 19M1000152)
8838 East Valley Boulevard
Rosemead, CA 91770
San Dimas
(4 19M1000153)
245 East Bonita Avenue
San Dimas, CA 91773
San Fernando
(4 19M1000154)
117 Macneil Street
San Fernando, CA 91340
San Gabriel
(4 19M1000155)
425 South Mission Drive
San Gabriel, CA 91776
San Marino
(4 19M1000156)
2200 Huntington Drive
San Marino, CA 91108
MS4 DISCHARGES WITHIN THE ORDER R4-2021-0105
LOS ANGELES REGION NPDES NO. CAS004004
ORDER 6
Permittee
(SMARTS WDID) Physical Address
Santa Clarita
(4 19M1000157)
23920 Valencia Boulevard, Suite 300
Santa Clarita, CA 91355
Santa Fe Springs
(4 19M1000158)
11710 East Telegraph Road
Santa Fe Springs, CA 90670
Santa Monica
(4 19M1000159)
1685 Main Street
Santa Monica, CA 90401
Sierra Madre
(4 19M1000160)
232 West Sierra Madre Boulevard
Sierra Madre, CA 91024
Signal Hill
(4 19M1000161)
2175 Cherry Avenue
Signal Hill, CA 90755-3799
South El Monte
(4 19M1000162)
1415 North Santa Anita Avenue
South El Monte, CA 91733
South Gate
(4 19M1000163)
8650 California Avenue
South Gate, CA 90280
South Pasadena
(4 19M1000164)
1414 Mission Street
South Pasadena, CA 91030
Temple City
(4 19M1000165)
9701 Las Tunas Drive
Temple City, CA 91780
Torrance
(4 19M1000166)
3031 Torrance Boulevard
Torrance, CA 90503
Vernon
(4 19M1000167)
4305 South Santa Fe Avenue
Vernon, CA 90058
Walnut
(4 19M1000168)
21201 La Puente Road
Walnut, CA 91789
West Covina
(4 19M1000169)
1444 West Garvey Avenue South
West Covina, CA 91790
West Hollywood
(4 19M1000170)
8300 Santa Monica Boulevard
West Hollywood, CA 90069
Westlake Village
(4 19M1000171)
31200 Oak Crest Drive
Westlake Village, CA 91361
Whittier
(4 19M1000172)
13230 Penn Street
Whittier, CA 90602
MS4 DISCHARGES WITHIN THE
LOS ANGELES REGION
ORDER R4-2021-0105
NPDES NO. CAS004004
Table 4. Administrative Information
This Order was adopted on: July 23, 2021
This Order shall become effective on: September 11, 2021
This Order shall expire on: September 11, 2026
In accordance with Title 23, Division 3, Chapter 9 of the California Code
of Regulations and to Title 40, Part 122 of the Code of Federal
Regulations (CFR), each Discharger shall file a Report of Waste March 15, 2026 Discharge as an application for reissuance of waste discharge
requirements (WDRs) and an application for reissuance of a National
Pollutant Discharge Elimination System (NPDES) permit no later than:
In accordance with Section 2235.4 of Title 23 of the California Code of Regulations, the terms and
conditions of an expired permit are automatically continued pending issuance of a new permit if all
requirements of the federal NPDES regulations on continuation of the expired permit are complied
with. Accordingly, if a new Order is not adopted by the expiration date above, then the Permittees
shall continue to implement the requirements of this Order until a new one is adopted .
I, Renee Purdy , Executive Officer, do hereby certify that this Order with all attachments is a full , true,
and correct copy of the Order adopted by the California Regional Water Quality Control Board , Los
Angeles Region, on July 23, 2021.
ORDER 7
ATTACHMENT 4
Grading Plan Check Requirements
21810 Copley Drive, Diamond Bar California 91765
Requirements for Grading Plan Check
The following items constitute a submittal for grading plan check:
ALL ITEMS SHALL BE SUBMITTED ELECTRONICALLY TO THE ENGINEERING DIVISION
UNLESS OTHERWISE STATED BELOW
1. A complete a transmittal letter and the application from the Engineer or Owner
indicating a submittal of grading plan check.
2. A complete set of grading/drainage/erosion control plans.
3. A complete Soils and Geology Report.
4. Earthwork calculations to support the quantities shown on the plan.
5. Payment of plan check fees as determined by the City.
6. A complete Hydrology/Hydraulic Report if applicable.
7. LID Report if applicable.
8. An electronic copy of all items above shall be submitted electronically via email,
file-hosting site, CD, flash drive or any other digital means.
Grading Plans shall include the following:
A. City of Diamond Bar’s grading general notes.
B. Title block in the lower right hand corner showing Lot #, Tract #, site address,
owner’s name, address and phone number.
C. Vicinity Map indicating site location.
D. Existing land use and zoning.
E. Details of all drainage devices.
F. Civil Engineer’s name, address, phone number, signature and stamp.
G. Geotechnical Engineer’s name, address, phone number, signature and stamp.
H. Engineering Geologist’s name, address, phone number, signature, and stamp.
I. Estimated earthwork quantities including the amount of export or import (in
cubic yards).
J. Legend.
K. Location and depth of maximum cut and fill.
L. Location of Septic Tanks if applicable.
M. Estimated start date and completion date of grading work.
N. Boundary lines, with distances and bearings, of the property on which the work
is proposed.
O. Existing contour lines shown dashed and reference made as to the source of
topo.
P. Existing structures and topography on or within 15 feet of the boundary line.
Q. Tops of toes of proposed slopes. TC elevations on proposed streets. Grades on
streets/driveways slope ratios.
R. Clearly indicate runoff pattern on building pads with arrows.
S. Rate of grade on graded swales. Rate of grade on concrete swales. Maximum
grade on streets is 12% and driveways is 20%.
T. North arrow and scale.
U. Seal of registered Civil Engineer, including expiration date on the at least one
set of bond plans and all final mylar plans. (Seal is to be sprayed with affixitive
to prevent smearing).
V. Wet signatures of soils engineer, engineering geologist, and civil engineer on at
least one set of bond plans and all final mylar plans.
W. Export site identified if applicable.
X. Signature approval block for City Engineer and City review consultant.
Y. Existing utilities in project area.
Z. An erosion control plan is required.
This list has been compiled in order to outline the most common type of residential
submittal. All requirements for specific projects may not be included.
It is the owner’s responsibility to verify conditions of approval.
All plans must be submitted on 24” x 36” sheets.
For additional information regarding the grading plan check process with the Public
Works/ Engineering Department, please contact 909-839-7040.
ATTACHMENT 5
City’s Hillside Management Ordinance
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
CHAPTER 22.22. - HILLSIDE MANAGEMENT
Sec. 22.22.010. - Purpose.
This chapter establishes regulations for development within hillside areas to:
Preserve and protect the views to and from hillside areas in order to maintain
the identity, image and environmental quality of the city;
Maintain an environmental equilibrium consistent with the native vegetation,
animal life, geology, slopes, and drainage patterns;
Facilitate hillside preservation through appropriate development standards and
guidelines of hillside areas. The guidelines are intended to provide direction and
encourage development which is sensitive to the unique characteristics common
to hillside properties, which include, slopes, land form, vegetation and scenic
quality. Innovation in design is encouraged as long as the end result is one which
respects the hillside and is consistent with the purposes expressed in this
section and in the goals and objectives of the general plan;
Ensure that development in the hillside areas shall be concentrated in those
areas with the least environmental impact and shall be designed to fit the
existing land form;
Preserve, where possible, significant features of the natural topography,
including swales, canyons, streams, knolls, ridgelines, and rock outcrops.
Development may necessarily affect natural features by, for example, roads
crossing ridgelines. Therefore, a major design criterion shall be the minimization
of such impacts;
Provide a safe means of ingress and egress for vehicular and pedestrian traffic
to and within hillside areas, with minimum disturbance to the undeveloped
terrain;
Correlate intensity of development with the steepness of terrain in order to
minimize the impact of grading, unnecessary removal of vegetation, land
instability, and fire hazards;
Provide in hillsides alternative approaches to conventional flat land development
practices by achieving land use patterns and intensities that are consistent with
the natural characteristics of hill areas (e.g., slopes, land form, vegetation and
scenic quality); and
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(a)
(b)
(c)
(d)
Encourage the planning, design and development of sites that provide maximum
safety with respect to fire hazards, exposure to geological and geotechnic
hazards, drainage, erosion and siltation, and materials of construction; provide
the best use of natural terrain; and to prohibit development that will create or
increase fire, flood, slide, or other safety hazards to public health, welfare, and
safety.
It is the intent of this chapter to establish regulations and guidelines to ensure that development
will complement the character and topography of hillside areas. Specifically, the city desires the
application of good hillside planning techniques and the use of landform grading and revegetation in
the implementation of hillside projects.
(Ord. No. 02(1998), § 2, 11-3-98)
Sec. 22.22.020. - Applicability.
Development review.Hillside developments shall be subject to development review in
compliance with chapter 22.48, except that residential developments in the RH-30
district shall be subject to non-discretionary development review if required pursuant
to section 22.08.020(7).
Basis for slope determinations.For the purpose of this chapter, slope shall be
computed on the natural slope of the land before grading is commenced, as
determined from a topographic map having a scale of not less than one inch equals
100 feet and a contour interval of not more than five feet.
Conditional use permits.Hillside developments shall be subject to the approval of a
conditional use permit in compliance with chapter 22.58.
Exemption.A lot of record as of the date of adoption of these regulations shall be
entitled to one dwelling unit. Development upon such lots shall be subject to the
guidelines and standards of this chapter and processed in compliance with article IV,
chapter 22.48 (development review).
(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 06(2013), § 3(Exh. A), 9-3-13 ; Ord. No. 07(2013), § 3(Exh. A),
9-17-13 )
Sec. 22.22.030. - Required plans and reports.
Page 2 of 42Diamond Bar, CA Code of Ordinances
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(1)
(2)
a.
b.
c.
(3)
(4)
A subdivision or land use entitlement application for a site within a hillside area shall include the
following documents, reports, and maps as determined appropriate by the director and city
engineer. Exceptions to the filing requirements shall require a written justification supported by
factual information submitted to the director and city engineer for consideration.
Natural features map.A natural features map shall identify all existing slope
banks, ridgelines, canyons, natural drainage courses, federally recognized blue
line streams, rock outcroppings, and existing vegetation. Also depicted shall be
landslides and other existing geologic hazards.
Grading plan.A conceptual grading plan shall include the following items:
A legend with appropriate symbols shall include the following items: Top of
wall, top of curb, high point, low point, elevation of significant trees, spot
elevations, pad and finished floor elevations, and change in direction of
drainage;
A separate map with proposed fill areas colored in green and cut areas
colored in red, with areas where cut and fill exceed depths established in
the hillside development guidelines and standards clearly shown.
Additionally, the area of cut and fill, calculated as a percentage of the total
site area, shall be included on the plan; and
Contours for existing and natural land conditions and proposed work.
Existing contours shall be depicted with a dashed line with every fifth
contour darker, and proposed contours shall be depicted as above except
with a solid line. Contours shall be shown at maximum five-foot intervals
above 20 percent slope.
Drainage map.A conceptual drainage and flood control facilities map describing
planned drainage improvements.
Slope analysis map.A slope analysis map for the purpose of determining the
amount and location of land as it exists in its natural state falling into each slope
category as specified below. For the slope map, the applicant shall use a base
topographical map of the subject site, prepared and signed by a registered civil
engineer or licensed land surveyor, which shall have a scale of not less than one
inch to 100 feet and a contour interval of not more than two feet, provided that
the contour interval may be five feet when the slope is more than 20 percent.
The base topographical map shall include all adjoining properties within 150 feet
of the site boundaries. Delineate slope bands in the range of zero—ten percent,
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(5)
a.
b.
c.
d.
1.
2.
3.
4.
e.
(6)
(7)
11—15 percent, 16—20 percent, 21—25 percent, 26—30 percent, 31—35
percent, and 36 percent or greater. Also included shall be a tabulation of the
land/area in each slope category specified in acres.
Slope profiles.Provide a sufficient number of slope profiles as required by the
city engineer to clearly illustrate the extent of the proposed grading. The slope
profiles shall:
Be drawn at the same scale and indexed, or keyed, to the grading plan, and
project site map;
Show existing and proposed topography, structures, and infrastructure.
Proposed topography structures, and infrastructure shall be drawn with a
solid, heavy line. Existing topography and features shall be drawn with a
thin or dashed line.
The slope profile shall extend far enough from the project site boundary to
clearly show impact on adjacent property, within at least 150 feet.
The profiles shall be drawn along those locations of the project site where:
The greatest alteration of existing topography is proposed;
The most intense or dense development is proposed;
The site that is most visible from surrounding land uses; and
At all site boundaries illustrating maximum and minimum conditions.
At least two of the slope profiles shall be roughly parallel to each other and
roughly perpendicular to existing contour lines. At least one other slope
profile shall be roughly at a 45-degree angle to the other slope profiles and
existing contour lines.
Certification required.The slope profiles shall be stamped and signed by either a
registered landscape architect, civil engineer, or land surveyor indicating the
datum, source, and scale of topographic data used in the slope profiles, and
attesting to the fact that the slope profiles have been accurately calculated and
identified.
Environmental studies.A geologic and soils report, prepared by an approved
soils engineering firm and in sufficient detail to substantiate and support the
design concepts presented in the application. Additional environmental studies
and investigations (e.g., hydrologic, seismic, access/circulation, and biota
research) may also be required in order to help in the determination of the
buildable area of a site.
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(8)
(9)
(10)
(11)
a.
b.
c.
d.
(1)
Ownership/maintenance.A statement of conditions for ultimate ownership and
maintenance of all parts of the development including streets, structures and
open spaces.
Custom lot subdivision.In the event that no grading is proposed (i.e., custom lot
subdivision), a statement to that effect shall be filed with a plan which shows
possible future house plotting, lot grading, driveway design, and location for
each parcel proposed, to be prepared on a topographic map drawn at the same
scale as the conceptual grading plan.
Elevations required.When unit development is proposed, illustrative building
elevations, that show all sides of the proposed structure(s) and which accurately
depict the building envelope for each lot, shall be provided.
Additional items.The following items may be required if determined necessary
to aid in the analysis of the proposed project to illustrate existing or proposed
conditions or both:
A computerized or topographic model;
A line of sight or view analysis;
Photographic renderings; and
Any other illustrative technique determined necessary to aid in review of a
project.
(Ord. No. 02(1998), § 2, 11-3-98)
Sec. 22.22.040. - Density.
The maximum number of dwelling units that may be allowed on a given parcel shall be
calculated in compliance with the requirements of this section. Also, an additional number of units
may be eliminated due to environmental constraints as determined through the development review
process.
Maximum density calculation.In order to retain natural features of the hillsides,
densities shall be reduced as slope increases in compliance with Table 3-4. Each
property to be developed shall be divided into cells of similar slope, utilizing the
slope ranges listed below. The maximum density of the base zoning is multiplied
by the relevant reduction factor assigned to each cell. The result of this
calculation is the maximum allowable density for each cell.
TABLE 3-4
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(2)
(3)
a.
b.
c.
ALLOWABLE RESIDENTIAL DENSITY
Average Slope Range Density Reduction Factor Open Space
0% to 25% None None
26% to 30% 0.9 10%
31% to 35% 0.8 20%
36% to 40% 0.6 30%
Greater than 40% Development may be
extremely limited
40%
Density transfer.To encourage the clustering of residential units away from
steeper slopes to areas with more gentle slopes, a transfer of density may be
allowed when development is transferred from one slope category to a lower
slope category. When density is transferred from a higher slope category to a
lower category (e.g., from the 31—35 percent category to the 26—30 percent
category), the commission may increase the allowable density of the lower
category to compensate for not developing in areas with steeper slopes.
The total number of units allowed for a project shall not exceed the number of
units that would have been allowed without any transfer of density. Areas from
which density is transferred shall be restricted from future development in an
appropriate manner.
Environmental constraints.The maximum number of residential dwelling units
may also be affected by the impact of the following development constraints:
Land areas subject to inundation during a 100-year storm;
Land areas that are above the hillside view line;
Page 6 of 42Diamond Bar, CA Code of Ordinances
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d.
e.
f.
(a)
(b)
Land areas that lie within a federally recognized blue line stream, or that
contain significant riparian stream bed habitats or other established plant
formations that constitute a significant natural feature or ecosystem or that
contain rare or endangered species;
Significant ecological areas (SEA);
Land areas that are within 100 feet of a prominent ridgeline or hiking trail;
and
Land areas containing significant archaeological sites.
(Ord. No. 02(1998), § 2, 11-3-98)
Sec. 22.22.050. - Hillside development standards and guidelines.
General.The hillside development standards and guidelines are intended to ensure
the appropriate management of hillside areas. The standards are requirements for
the use, development, or alteration of land in hillside areas. The guidelines are to be
utilized to provide direction to encourage development that is sensitive to the unique
characteristics common to the hillside areas. The guidelines shall be used by the
council and commission in evaluating development proposals that propose to deviate
from the minimum standards contained in this chapter.
Exceptions.Exceptions to the standards in this chapter may be approved through the
development review process, when the commission determines that the exceptions
would not materially affect the intent of the standards and guidelines. In approving a
development review, the commission shall make appropriate findings supporting the
determination in compliance with the chapter 22.48 (development review).
Where development is proposed for a parcel that adjoins one or more vacant, developable
parcels, cooperation of the respective property owners is encouraged in the planning of the road
network, utilities plan, and open space network for the area as a whole. The city may consider
variations from the strict application of the provisions of this chapter as may be needed to achieve
cooperation among all contiguous property owners to the extent that the variations may better
achieve the objectives of this chapter.
(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 06(2013), § 3(Exh. A), 9-3-13 ; Ord. No. 07(2013), § 3(Exh. A),
9-17-13 )
Sec. 22.22.060. - Landform grading and revegetation standards.
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(1)
(2)
Incorporation of the basic principles of the landform grading and revegetation concept in the
design and construction of hillside development projects is required so that they will be in harmony
with the natural topography and reflect existing plant distribution patterns.
The general principles of landform grading and revegetation include the following elements:
The basic land plan flows with the natural topography rather than against it. This
means that street patterns and building pad configurations follow the underlying
topographic features rather than cutting across them.
Figure 3-6
All manufactured cut and fill slopes exceeding nine feet in height, that will be
either exposed to permanent public view or are adjacent to environmentally
sensitive areas, shall be designed with features characteristic of natural slopes
so that their ultimate appearance will resemble a natural slope. This includes
slopes along streets and highways, slopes adjacent to parks, schools, open
spaces, and other public facilities, and other prominent and highly visible slopes.
Side yard slopes and low (less than 25 feet in height) rear yard slopes whose
view is blocked by future structures need not have landform design applied.
Slope drainage devices (e.g., down drains and interceptor drains) shall be
designed so that they are built into the natural slope features and become
hidden from view.
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(3)
(4)
Figure 3-7
Terracing and the associated concrete drainage devices (e.g., terrace drains,
down drains, and interceptor drains) distract from efforts to give cut and fill
slopes a natural appearance and are therefore discouraged.
Landscaping shall not be applied in a conventional pattern, but in patterns
resembling natural plant distribution. Trees or shrubs shall be clustered in the
swaled (concave) components of the slope along with ground cover. Ground
cover, only, should be applied to the protruding (convex) portions.
Page 9 of 42Diamond Bar, CA Code of Ordinances
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(a)
(b)
Figure 3-8
(Ord. No. 02(1998), § 2, 11-3-98)
Sec. 22.22.070. - Slope analysis.
Calculating average slope.Use the following formula to calculate the average slope of
the entire parcel:
Slope = 0.002296 IL / A
I = Contour interval in feet
L = Summation of length of all contours in feet
A = Area in acres of parcel being considered
Slope categories.The following are standards for hillside slopes in areas that will not
be landform graded. These standards ensure that development will complement the
existing character and topography of the land. The standards for one category may be
applied to limited portions of the site in an adjacent category when a project is
developed on a site with more than one slope category.
TABLE 3-5
SLOPE CATEGORIES
Slope Category Natural
Slope
(Percentage)
Site Standards
1. 10% to 24.9% Special hillside architectural and design techniques
that minimize grading are required in this slope
category.
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2. 25% to 39.9% Structures shall conform to the natural topography
and natural grade by using appropriate techniques,
including split-level foundations, stem walls,
stacking, and clustering. Conventional grading may
be considered for limited portions of a project
when its plan includes special design features,
extensive open space, or significant use of
greenbelts.
3. 40% to 49.9% Development within this category shall be
restricted to those sites where it can be
demonstrated that safety will be maximized while
environmental and aesthetic impacts will be
minimized. Use of large lots, variable setbacks and
variable building structural techniques (e.g.,
stepped foundations) are expected. Structures
shall be designed to minimize the visual impact of
their bulk and height. The shape, materials, and
colors of structures shall blend with the natural
environment. The visual and physical impact of
driveways and roadways shall be minimized by
eliminating sidewalks, and reducing their widths to
the minimum required for emergency access and
following natural contours, using grade separations
where necessary and otherwise minimizing the
need for grading.
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4. 50% and over This is an excessive slope condition and it is
anticipated that residential subdivisions will not be
developed in these areas. If residential
development is pursued in these areas, lot sizes
may be considerably larger than the minimum
allowed by the underlying zoning district in order
to comply with the standards and guidelines of this
Chapter. Actual lot size shall be determined
through the development review process.
Figure 3-9
(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 06(2013), § 3(Exh. A), 9-3-13 ; Ord. No. 07(2013), § 3(Exh. A),
9-17-13 )
Sec. 22.22.080. - Grading.
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(a)
(1)
(2)
Landform grading techniques.The following standards define basic grading
techniques that are consistent with the intent of this chapter and avoid unnecessary
cut and fill. (Figures 3-10 and 3-14). Limitations on project grading amounts and
configurations will be decided on a case-by-case basis under the development review
process. Landform grading design standards include:
Ridgeline cuts.When convex shaped natural features (e.g., protruding ridgelines)
are cut, the residual landform shall not be a flat slope face, but rather should be
restored to resemble the original. This will require more than just rounding at
the edges but, in effect, reconfiguring it so the final result will give the
appearance of a protruding ridgeline. (Figure 3-10)
Figure 3-10
Canyon fills.Fill slopes shall not be placed perpendicular across a canyon.
Straight line cutoff fill slopes shall not be made to appear like a dam. The
terminus of the fill shall be concave in shape to restore the canyon appearance.
Thin concave configuration shall be in combination with the use of substantially
flatter slope ratio (4:1, 3.5:1, 3:1) at or near the center of this indentation.
Symmetrical or unsymmetrical concave configurations shall be used depending
upon the adjoining or underlying topographic characteristics. (Figure 3-11)
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(3)
Figure 3-11
Transition areas.Minimal rounding at the edges of cut and fill slopes shall not be
allowed. Proper transitioning to natural slopes shall be achieved through the use
of radii or irregular curvilinear shapes that will blend into the adjoining
topography tangentially and not create abrupt changes. (Figure 3-12)
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Figure 3-12
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Figure 3-13
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(4)
a.
b.
1.
Figure 3-14
Use of variable slope ratios.The use of landform grading designs creates valleys
and concave indentations on building pad areas which can result in a net loss of
buildable area. Two methods shall be allowed to offset this loss:
Pad areas lost due to concave indentations will be counted towards
meeting the open space or landscape area requirements for the
development.
Segments of a cut or fill slope may be designed with variable slope ratios
less than 2:1 (horizontal to vertical), but not less than 1.5:1 within the
following guidelines:
A geotechnical engineer shall demonstrate by analysis and certify that
slopes so designed will meet standard stability requirements;
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2.
3.
(b)
(1)
(2)
(3)
(4)
(5)
Overall ratio from toe to toe will be a maximum of 2:1;
Ratios greater than or less than 2:1 may be used in the slope design.
(See Figure 3-15)
Grading standards.
Finished slopes shall not be created greater than 50 percent (2:1) except
adjacent to a structure where the created slope is limited to a maximum of 67
percent (1.5:1).
Grading shall be phased so that prompt revegetation or construction will control
erosion. Where possible, only those areas that will be built on, resurfaced, or
landscaped shall be disturbed. Topsoil shall be stockpiled during rough grading
and used on cut and fill slopes whenever feasible. Revegetation of cut and fill
slopes shall occur within three months of grading completion.
Grading operations shall be planned to avoid the rainy season, October 15 to
April 15. Grading permits may be issued any time of year when a plan for
erosion control and silt retention has been approved by the city engineer.
Excavation or other earth disturbance shall not be allowed on a hillside area
prior to the issuance of a grading permit with the exception of drill holes and
exploratory trenches for the collection of geologic and soil data. Exploratory
trenches and access roads should be properly backfilled and erosion treatment
and revegetation provided.
No point on any structure subject to the provisions of this chapter shall be closer
to a prominent ridge than 50 feet measured vertically on a cross section. (Figure
3-16). And in no case shall the roof line or any other portion of a structure
extend above the line of sight between a ridgeline and any public right-of-way,
whether the ridgeline is above or below the right-of-way.
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Figure 3-15
Lot pad grading is limited to the boundaries of the structure's foundation, vehicle parking space and
front, rear, and side yard areas as shown on the approved grading plan, and in compliance with the
setback requirements of section 22.08.040 (residential zoning district general development
standards). For all lots subject to this chapter, building setbacks shall be measured from the edge of
the building pad.
Figure 3-16
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(8)
(c)
(1)
(2)
Retaining walls associated with lot pads shall not exceed four feet in height. Where an additional
retained portion is necessary due to unusual or extreme conditions, (e.g., lot configuration, steep
slope, or road design) the use of terraced retaining structures shall be considered on an individual
lot basis. Terraced walls shall be separated by a minimum of three feet with appropriate
landscaping. Terraced retaining walls shall not be used as a typical solution within a development
and shall be limited to the minimum required subject to approval of the director.
Lot lines shall be placed two feet beyond top of major slope areas within public
view corridors to help ensure their maintenance by the downhill owner.
Grading guidelines.
Where possible, graded areas should be designed with manufactured slopes
located on the uphill side of structures, thereby hiding the slope behind the
structure. (Figure 3-17)
Figure 3-17
Terraced retaining structures up to four feet in height may be utilized when
separated by a minimum of three feet and appropriate landscaping. (Figure 3-18)
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Figure 3-18
On lots sloping with the street, and other configurations not discussed above, one retaining wall,
not to exceed 42 inches in height, may be used in a side yard where necessary.
Retaining walls that are an integral part of the structure may exceed four feet in height; however,
their visual impact shall be mitigated through contour grading and landscape techniques. (Figure
3-19)
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(5)
a.
b.
c.
d.
e.
(6)
(7)
Figure 3-19
The following factors shall be taken into consideration in the design of a project:
When space and proper drainage requirements can be met with approval
by the city engineer, rounding of slope tops and bottoms shall be
accomplished.
When slopes cannot be rounded, vegetation shall be used to alleviate a
sharp, angular appearance.
A rounded and smooth transition shall be made when the planes of man-
made and natural slopes intersect.
When significant landforms are "sliced" for construction, the landforms
shall be rounded to blend into natural grade.
Manufactured slope faces shall be varied to avoid excessive "flat-planed"
surfaces. (Figure 3-15)
No manufactured slope shall exceed 30 feet in height between terraces or
benches (Figure 3-20)
Figure 3-20
Where cut or fill conditions are created, slopes should be varied rather than left
at a constant angle which may be unstable or create an unnatural, rigid,
"engineered" appearance. (Figure 3-21)
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(8)
(9)
Figure 3-21
The angle of any graded slope should be gradually adjusted to the angle of the
natural terrain. (Figure 3-22)
Figure 3-22
Manufactured slopes adjacent to roadways shall be consistent with the landform
grading and revegetation technique to create visually interesting and pleasing
streetscapes. (Figure 3-23)
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(1)
a.
b.
Figure 3-23
(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 06(2013), § 3(Exh. A), 9-3-13 ; Ord. No. 07(2013), § 3(Exh. A),
9-17-13 )
Sec. 22.22.090. - Drainage.
Where a conflict exists between the provisions of this section and chapter 70 of the Uniform
Building Code, the drainage, soils and geology provisions of this Development Code shall prevail.
Drainage standards.
Debris basins, riprap, and energy dissipating devices shall be provided
where necessary to reduce erosion when grading is undertaken. Except for
necessary flood control facilities, significant natural drainage courses shall
be protected from grading activity. In instances where crossing is required,
a natural crossing and bank protection shall be preferred over steel and
concrete systems. Where brow ditches are required, they shall be
naturalized with plant materials and native rocks.
Terrace drains where required shall follow landform slope configuration.
Down drains shall not be placed in exposed positions. All down drains shall
be hidden in swales diagonally or curvilinear across a slope face. In this
manner they will be built into the overall landform of the slope. (Figure
3-24)
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c.
d.
1.
2.
Figure 3-24
Building and grading permits shall not be issued for construction on any
site without an approved location for disposal of runoff waters, (e.g., a
drainage channel, public street or alley, or private drainage easement).
The use of cross lot drainage shall be subject to commission and council
review and may be approved after demonstration that this method will not
adversely affect the proposed lots or adjacent properties, and that it is
absolutely required in order to minimize the amount of grading which
would result with conventional drainage practices. Where cross lot
drainage is utilized, the following shall apply:
Project interiors.One lot may drain across one other lot if an
easement is provided within either an improved, open V-swale gutter,
that has a naturalized appearance, or within a closed drainage pipe
that shall be a minimum 12 inches in diameter. In both cases, an
integral wall shall be constructed. This drainage shall be conveyed to
either a public street or to a drainage easement. If drainage is
conveyed to a private easement, it shall be maintained by a
homeowners' association, otherwise the drainage shall be conveyed
to a public easement. The easement width shall be determined on an
individual basis and shall be dependent on appropriate hydrologic
studies and access requirements.
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(2)
a.
Project boundaries.On-site drainage shall be conveyed in an
improved open V-swale, gutter, which has a naturalized appearance,
or within an underground pipe in either a private drainage easement,
which is to be maintained by a homeowners' association, or it shall be
determined on an individual basis and shall be dependent on
appropriate hydrologic studies and access requirements. (Figure 3-25)
Figure 3-25
Drainage guidelines.
Where possible, drainage channels should be placed in inconspicuous
locations, and more importantly, they should receive a naturalizing
treatment including native rock, colored concrete and landscaping, so that
the structure appears as an integral part of the environment. (Figure 3-26)
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(a)
(1)
(2)
(3)
Figure 3-26
Natural drainage courses should be preserved and enhanced to the extent possible. Rather than
filling them in, drainage features should be incorporated as an integral part of the project design.
(Ord. No. 02(1998), § 2, 11-3-98)
Sec. 22.22.100. - Access, trails, and roadways.
Access, trails, and roadway standards.
Driveway grades up to a maximum of 20 percent are allowed, and shall be
aligned with the natural contours of the land. Proper design considerations shall
be employed (e.g., vertical curbs and parking landings). Parking landings shall be
utilized on all drives over ten percent grade.
Grooves for traction shall be incorporated into the construction of driveways
with a slope of 20 percent or greater.
Where retaining walls are necessary adjacent to roadways or within street
setbacks, they shall be limited to three feet in height in order to avoid
obstruction of motorists' and pedestrians' field of view, and to create an
aesthetically pleasing streetscape. No more than three terraced or stepped
retaining walls shall be utilized. Walls shall be separated by a minimum of three
feet and include appropriate landscaping. (Figure 3-27)
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Figure 3-27
Driveways shall enter public/private streets maintaining adequate line of sight.
Local hillside street standards shall be used to minimize grading and erosion potential while
providing adequate access for vehicles, including emergency vehicles.
Hillside collector and arterial streets and hillside local residential streets shall not exceed 12
percent.
Culs-de-sac may be allowed to a maximum of 1,000 feet in length.
All other street improvement standards shall conform to the standard plans and specifications for
public streets of the city.
The commission or council may approve modifications to the above standards provided the
modifications are in substantial conformance with the objectives stated in this section.
Access, trails, and roadway guidelines.
Roadways and driveways, where feasible, should conform to the natural landform. They should not
greatly alter the physical and visual character of a hillside by creating large notches in ridgelines,
defining wide straight alignments, or by building switch-backs on visually prominent hillsides. Split
sections and parking bays should be utilized in the layout of hillside streets. (Figure 3-28)
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Figure 3-28
Where road construction is allowed in hillside areas, the extent of vegetation disturbance and visual
disruption should be minimized by the combined use of retaining structures and regrading to
approximate the natural slope. The following techniques should be used where feasible.
Utilize landform revegetation planting in order to create a natural appearance and provide a sense
of privacy.
Reduce the visual and safety impacts by use of terraced retaining walls and landscaping.
Split roadways increase the amount and appearance of landscaping and the median can be used to
handle drainage. (Figure 3-29)
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Figure 3-29
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Figure 3-30
Trails are an integral part of a hillside area and provide recreation areas for equestrian, hiking and
biking uses. They can also function as a means to convey drainage.
In hillside areas, it is not always necessary to provide full improvements for trails. A more natural
experience may be achieved, and the amount of grading required can be reduced, by providing
minimal improvements in appropriate areas (e.g., undevelopable, steep slopes and wildlife
migration corridors).
(Ord. No. 02(1998), § 2, 11-3-98)
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(a)
(b)
(1)
Sec. 22.22.110. - Site design.
Site design standards.The dimensions of a structure parallel to the direction of the
slope shall be maximized in order to limit the amount of cutting and filling and to
better fit the house to the natural terrain. (Figure 3-31)
Figure 3-31
Site design guidelines.
Design of building sites should be sensitive to the natural terrain. Structures
should be located in ways as to minimize necessary grading and to preserve
natural features (e.g., knolls or ridgelines). (Figure 3-32)
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Figure 3-32
Views of significant visual features as seen from both within and outside a hillside development
should be preserved. The following provisions shall be taken into consideration:
Dwellings should be oriented to allow view opportunities, even if views are limited. Residential
privacy should not be unreasonably sacrificed.
Any significant public vista or view corridor as seen from a secondary, collector, or major arterial
should be protected and enhanced where feasible.
Over-emphasized vertical structures disrupt the natural silhouette of the hillside. Structures should
fall below the top of ridge elevation. (Figure 3-33)
Projects should incorporate variable setbacks, multiple orientations, and other site planning
techniques to preserve open spaces, protect natural features, and offer views to residents.
Figure 3-33
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(a)
(1)
(2)
(3)
(4)
(5)
(b)
(1)
a.
(Ord. No. 02(1998), § 2, 11-3-98)
Sec. 22.22.120. - Architecture.
Architecture standards.
The maximum structure height shall be 35 feet as measured from finished grade
at the front setback, extending towards the rear of the parcel. The maximum
height at the side setback shall be 25 feet extending up to the center of the lot at
a 45 degree angle to a maximum height of 35 feet as measured from finished
grade. (Figure 3-34)
Figure 3-34
Structures shall be terraced to follow the natural slope.
Architectural treatment shall be provided to all sides of the structure visible from
a public street.
Exterior structural supports and undersides of floors and decks not enclosed by
walls shall be permitted provided fire safety and aesthetic considerations have
been adequately addressed.
Exterior flood lighting for safety shall be located and shielded so as not to shine
on adjacent properties. Decorative lighting to highlight a structure is allowed
when properly shielded.
Architecture guidelines.
The form, mass, and profile of the individual structures and architectural
features should be designed to blend with the natural terrain and preserve the
character and profile of the natural slope. Some techniques that should be
considered include: (Figure 3-35)
Split pads, stepped footings, and grade separations to permit structures to
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b.
c.
(2)
(3)
(4)
step up the natural slope.
Detaching parts of a dwelling (e.g., garage).
Avoid the use of gable ends on downhill elevations. The slope of the roof
should be oriented in the same direction as the natural slope and should
not exceed natural slope contour by 20 percent.
Figure 3-35
Avoid excessive cantilevers on downhill elevations.
Excavate underground or utilize below grade rooms to reduce effective bulk and
to provide energy efficient and environmentally desirable spaces. However, the
visible area of the structure shall be minimized through a combined use of
regrading and landscaping techniques.
Use roofs on lower levels for open space decks for upper levels. (Figure 3-36)
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Figure 3-36
Use building materials and color schemes that blend with the natural landscape of earth tones and
natural chaparral vegetative growth.
Minimize the width of a structure measured in the direction of the slope to limit the amount of
cutting and filling and to better "fit" the structure to the natural terrain. (Figure 3-37)
Figure 3-37
(Ord. No. 02(2001), § 20, 11-6-01; Ord. No. 04(2012), § 8, 4-17-12)
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(a)
(1)
(2)
(3)
(4)
(5)
(6)
Sec. 22.22.130. - Fences and landscaping.
Fences and landscaping standards.
Walls and fencing, not exceeding six feet in height, visible from roadways or
public rights-of-way shall be visually open and non-opaque. The director may
waive this requirement for noise impacted sites.
Privacy walls and fences, not exceeding six feet in height, are allowed adjacent to
structures, in order to provide private outdoor areas. Walls and fences shall use
materials and colors compatible with the structure's facade.
Native or naturalized plants or other plant species that blend with the landscape
shall be utilized in all areas with required planting in compliance with section
22.24.050 (Landscape standards).
Fire retardant plant materials shall be utilized in compliance with section
22.22.140 (Fire protection standards). Plants selected as ground cover, shrubs, or
trees shall be from a list approved by the city.
A permanent landscape and irrigation system, for purposes of establishing and
maintaining required planting, shall be installed on all slopes. The emphasis shall
be toward using plant materials that will eventually need minimal irrigation.
Water and energy conservation techniques shall be utilized, including drip
irrigation, reclaimed water, and Xeriscape.
Figure 3-38
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(7)
(8)
(b)
(1)
(2)
Landscaping shall be used to screen views of down slope building elevations.
When the structure height exceeds 20 feet from finished grade on a down slope,
additional landscaping is required and a landscaping plan shall be submitted for
review with the submittal package.
Slopes with required planting shall be planted with informal clusters of trees and
shrubs to soften and vary the slope plane. Where required by the city, jute
netting shall be used to help stabilize planting and minimize soil erosion.
Native vegetation shall be retained and supplemented within undeveloped
canyons and along natural drainage courses as allowed by state and federal
resources agencies (State Department of Fish & Game, U.S. Fish and Wildlife, U.S.
Army Corps of Engineers).
Figure 3-39
Fencing and landscaping guidelines.
Use natural landform planting to soften manufactured slopes, reduce impact of
development on steep slopes or ridgelines, and provide erosion control.
Maintain a revegetative backdrop by replanting with approved trees. The
vegetation should reduce the impact of the structures to the extent possible at
maturity and preserve the appearance of the natural hillside.
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Figure 3-40
Use landform grading to replicate the irregular shapes of natural slopes resulting in aesthetically
pleasing elevations and profiles. Landform-graded slopes are characterized by continuous series of
concave and convex forms interspersed with mounds that blend into the profiles, not linear in plan
view and varying slope gradients, and significant transition zones between man-made and natural
slopes. Resultant pad configurations are irregular. (Figures 3-13 and 3-14)
Slope down-drain devices should be designed to either follow "natural" lines of the slopes or are
tucked away in special swale and berm combinations in order to conceal the drains from view.
Exposed segments in high visibility areas should be treated with natural rock.
Landscaping should become a "revegetation" process and be applied in patterns that occur in
nature: Trees and shrubs are concentrated largely in concave areas, while convex portions are
planted mainly with groundcovers. (Figure 3-42)
Figure 3-41
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(a)
(1)
(2)
(3)
(4)
(b)
(c)
Figure 3-42
(Ord. No. 02(1998), § 2, 11-3-98)
Sec. 22.22.140. - Fire protection standards.
Development shall be constructed to reduce the potential for spread of brushfire.
In the case of a conflict, where more restrictive provisions are contained in the
Uniform Building Code or in the fire code, the more restrictive provisions shall
prevail.
Roofs shall be covered with noncombustible materials as defined in the building
code. Open eave ends shall be stopped in order to prevent bird nests or other
combustible material lodging within the roof and to preclude entry of flames.
Exterior walls shall be surfaced with noncombustible or fire-resistant materials.
Balconies, patio roofs, eaves and other similar overhangs shall be of
noncombustible construction or shall be protected by fire-resistant material in
compliance with the building code.
All development shall be constructed with adequate water supply and pressure for all
proposed development in compliance with standards established by the fire marshal.
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(d)
(e)
(f)
(1)
(2)
(3)
(4)
A permanent fuel modification area shall be required around development projects or
portions thereof that are adjacent or exposed to hazardous fire areas for the purpose
of fire protection. The required width of the fuel modification area shall be based on
applicable building and fire codes and a fire hazard analysis study developed by the
fire marshal.
In the event abatement is not performed, the council may instruct the fire marshal to give notice
to the owner of the property upon which the condition exists to correct the prohibited condition. If
the owner fails to correct the condition, the council may cause the abatement to be performed and
make the expense of the correction a lien on the property upon which the conditions exist.
Fuel modification areas shall incorporate soil erosion and sediment control measures
to alleviate permanent scarring and accelerated erosion.
If the fire marshal determines in any specific case that difficult terrain, danger of
erosion, or other unusual circumstances make strict compliance with the clearance of
vegetation undesirable or impractical, the fire marshal may suspend enforcement and
require reasonable alternative measures designed to advance the purposes of this
chapter.
Special construction features may be required in the design of structures where site
investigations confirm potential geologic hazards.
(Ord. No. 02(1998), § 2, 11-3-98)
Sec. 22.22.150. - Evaluation of development review application.
The commission shall evaluate a development review application for hillside development based
on the following objectives and the required findings in compliance with chapter 22.48 (development
review).
The preservation of natural topographic features and appearances by means of
landform grading so as to blend man-made or manufactured slopes into the
natural topography;
The preservation of natural topographic features and appearances through
restrictions on successive padding and terracing of building sites;
The retention of major natural topographic features, drainage courses, steep
slopes, watershed areas, vernal pools, view corridors, and scenic vistas;
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(5)
(6)
(7)
(8)
(9)
The preservation and enhancement of prominent landmark features, significant
ridgelines, natural rock outcroppings, protected trees and woodlands (chapter
22.38, Tree Preservation and Protection), and other areas of special natural
beauty;
The utilization of varying setbacks, building heights, foundation designs and
compatible building forms, materials, and colors which serve to blend buildings
into the terrain;
The utilization of clustered sites and buildings on more gently sloping terrain so
as to reduce grading alterations on steeper slopes;
The utilization of building designs, locations, and arrangements which serve to
avoid a continuous intrusive skyline effect and which afford view privacy and
protection;
The preservation and introduction of plant materials so as to protect slopes from
soil erosion and slippage and minimize the visual effects of grading and
construction of hillside areas; and
The utilization of street designs and improvements which serve to minimize
grading alterations and harmonize with the natural contours and character of
the hillsides.
(Ord. No. 02(1998), § 2, 11-3-98; Ord. No. 06(2013), § 3(Exh. A), 9-3-13 ; Ord. No. 07(2013), § 3(Exh. A),
9-17-13 )
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END